SFG1727 V4 SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ==================== Mekong Delta Integrated Climate Resilience and Sustainable Livelihoods (MD-ICRSL) Project RESETTLEMENT ACTION PLAN Prepared by Central Project Office January 2016 TABLE OF CONTENTS 1.1. The Mekong Delta Integrated Climate Resilience and Sustainable Livelihoods Project 9 1.2. Subproject 3 in Component 3: South Mang Thit Irrigation System ............................. 11 1.3. Objective of Resettlement Action Plan....................................................................... 13 2. SCOPE OF IMPACT AND SOCIOECONOMIC CONDITIONS .............................. 13 2.2 Mitigation measures for negative impacts ................................................................... 17 2.3 Socioeconomic Information ........................................................................................ 18 2.3.1 General social information of affected communes .................................................... 18 2.3.2. Results of household survey .................................................................................... 19 3. POLICY FRAMEWORK AND ENTITLEMENTS ......................................................... 22 3.1. The Legal framework of the Government of Vietnam ................................................ 22 3.2. The World Bank’s Operation Policy on Involuntary Resettlement (OP 4.12) ............. 23 3.3. Comparison between Government of Vietnam and World Bank approaches .............. 24 4. PRINCIPLES AND POLICIES FOR RESETTLEMENT, COMPENSATION AND REHABILITATION ............................................................................................................ 28 4.1. General principles ...................................................................................................... 28 4.2. Entitlement Policies ................................................................................................... 29 5. RESETTLEMENT AND INCOME RESTORATION PROGRAM .................................. 53 5.1. Objectives.................................................................................................................. 53 5.2. Principles................................................................................................................... 53 5.3. Proposed income restoration program ........................................................................ 53 5.4. Arrangement of resettlement ...................................................................................... 54 5.5. Vulnerable groups, gender, and ethnic minorities ....................................................... 54 6. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION .................... 54 6.1. Information disclosure ............................................................................................... 54 6.2. Community consultation ............................................................................................ 55 7. IMPLEMENTATION ARRANGEMENTS ..................................................................... 56 7.1. At Central level ......................................................................................................... 56 7.2. At Provincial level: Provincial People’s Committees of Tr a Vinh and Vinh Long ...... 57 7.3. At District level ......................................................................................................... 57 7.4. Commune level.......................................................................................................... 58 7.5. Implementation procedure ......................................................................................... 58 8. GRIEVANCE REDRESS MECHANISM ........................................................................ 63 9. MONITORING AND EVALUATION ............................................................................ 65 9.1. Monitoring ................................................................................................................ 65 9.2. Internal monitoring .................................................................................................... 65 9.3. Independent monitoring ............................................................................................. 66 10. BUDGET AND COST ................................................................................................... 67 ANNEX 1. QUESTIONARE FOR SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSSES .............................................................................................................................. 69 1 ANNEX 2. COST ESTIMATE OF COMPENSATION AND ASSISTANCE ...................... 91 2 TABLE OF FIGURES Table 1. Locations of construction works ............................................................................. 11 Table 2. Communes in the construction area of the subproject ............................................. 12 Table 3. Summary of estimated land acquisition impacts of subproject ................................ 14 Table 4. Scope of land acquisition ........................................................................................ 14 Table 5. Detail of land loss according to land types .............................................................. 14 Table 6. Condition of affected houses .................................................................................. 15 Table 7. Affected structures of households ........................................................................... 16 Table 8. Affected trees of households ................................................................................... 16 Table 9.. Affected level of production land .......................................................................... 17 Table 10. Area, population and living standard of project’s affected communes ................... 18 Table 11. Health facilities, education and living facilities ..................................................... 18 Table 12. Number of affected households ............................................................................ 19 Table 13. Percentage of population in age groups ................................................................. 20 Table 14. Education level of APs ......................................................................................... 20 Table 15. Occupations of affected people .......................................................................... 20 Table 16. Monthly income of affected households ............................................................... 21 Table 17. Water sources of affected households ................................................................... 21 Table 18. Comparison of Vietnam’s and World Bank’s Policies related to Involuntary Resettlement ........................................................................................................................ 24 Table 19. Entitlement matrix ................................................................................................ 38 Table 20. Implementation plan ............................................................................................. 62 Table 21. Cost estimate of compensation and assistance .................................................. 67 Table 22. Cost of land compensation .................................................................................... 91 Table 23. Cost of structure compensation ......................................................................... 92 Table 24. Cost of plant compensation ............................................................................... 93 Table 25. Cost of assistance ............................................................................................... 94 3 ABBREVIATION AP Affected person CPC Communal People’s Committee CPO Central Project Office DARD Department of Agriculture and Rural Development DMS Detailed Measurement Survey DPC District People's Committee DRC District Resettlement Committee EMPF Ethnic Minorities Policy Framework EMDP Ethnic Minorities Development Plan ESMF Environmental and Social Management Framework GOV Government of Vietnam HH Household IOL Inventory of Losses IMA Independent Monitoring Agency LAR Land Acquisition and Resettlement LURC Land Use Right Certificate MOF Ministry of Finance MOLISA Ministry of Labors – Invalids and Social Affairs NGO Non-government Organization OP Operating Policy PAD Project Appraisal Documents PPC Provincial People’s Committee RAP Resettlement Action Plan RPF Resettlement Policy Framework SPMU Subproject Management Unit TOR Terms of Reference USD United States Dollar VND Vietnamese Dong WB World Bank 4 GLOSSARY Project impacts Any impacts relating directly to land acquisition or limit using legal areas or protected areas Affected persons Any person who, as a result of the implementation of a project, loses the right to own, use, or otherwise benefit from a built structure, land (residential, agricultural, or pasture), annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. Cut-off date Is the date when the PPC issues the Notification of Land acquisition for the relevant project (Article 67.1 of the Law on Land in 2013) before implementation of detailed measurement survey. A census survey will be done before the cut-off date is announced to establish a list of potential affected households. Eligibility Any person who used the land affected by the project and listed before the cut-off-date: (i) with formal legal right to land; (ii) without formal legal right to land but have a claim to such land or assets recognized under the laws of the country (iii) without recognizable legal right or claim to the land they are occupying. Replacement cost For agricultural land, the replacement cost is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, plus the cost of transporting building materials into the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Resettlement Covers all direct economic and social losses resulting from land taking and restriction of access, together with the consequent 5 compensatory and remedial measures. Resettlement is not restricted to its usual meaning-physical relocation. Resettlement can, depending on the case, include (i) acquisition of land and physical structures on the land, including businesses; (ii) physical relocation; and (iii) economic rehabilitation of affected persons (APs), to improve (or at least restore) incomes and living standards. Entitlements Include compensation and assistance for APs based on the type and extent of damage. Inventory of Losses Is process of accounting for physical assets and income (IOL) affected by project. Socio-economic A socio-economic baseline survey of households, businesses, Baseline Survey (BLS) or other project-affected parties needed to: identify and accurately compensate or mitigate losses, assess impacts on household economy, and differentiate affected parties by level of impact. 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, including: (i) female householder with dependent persons (widowed or with disabled husband), (ii) invalid persons (disabled), lonely elderly; (iii) poor; (iv) person without land for livelihood; and (v) ethnic minority people. Livelihood Economic activities and income streams, usually involving self- employment and or wage employment by using one’s endowments (both human and material) to generate adequate resources for meeting the requirements of the self and household on a sustainable basis Income restoration Re-establishment of sources of income and livelihoods of the affected households. Stakeholders Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. 6 SUMMARY 1. Introduction. This Resettlement Action Plan (RAP) is prepared for the “South Mang Thit Irrigation System Subproject” under the Mekong Delta Integrated Climate Resilience and Sustainable Livelihoods Project funded by a loan of the Government of Vietnam from World Bank. The RAP is developed basing on a Resettlement Policy Framework of the project and results of the socio-economic survey, inventory of loss and community consultation. It also describes entitlements for compensation and assistance for land and properties acquired under the project, income restoration program, implementation arrangement, implementation plan, estimated costs, monitoring and evaluation, community’s particip ation and consultation, grievance procedures. 2. Impacts and scope of land acquisition. The construction of 3 sluices gates in the subproject will require land acquisition in 4 communes in 3 districts of 2 provinces, namely Tra Vinh and Vinh Long. There are 13 household (HHs) affected by land acquisition, in which, 12 HHs have to be displaced physically. These 13 HHs are also considered as severely affected households, because they have to remove their houses and/or lost more than 20% of their production land. There are 5 vulnerable HHs, including 1 poor HH, 1 social-policy HH, 1 lonely-elderly head of HH and 2 female-headed HH with dependents; no HH of ethnic minorities is affected by land acquisition. The subproject will acquire permanently 17,734 m2 of production land and temporarily 16,243 m2, (mainly garden land); 3,190 m2 residential land will also be acquired permanently for the 13 households. Other temporary impacts can occur due to the borrow pits operation, disposal areas or temporary impacts during construction which are not yet identified. 3. Measures to minimize impacts of land acquisition and compensation. Main components of the project are the construction of 3 sluice gates to control salinity including locks and roads on the sluice gates. To minimize impacts of land acquisition, the designing unit proposed construction methods which will cause only temporary impacts and minimize permanent land acquisition.. 4. Socio-economic situation. Three districts will benefit from the project. In 4 communes where the project is implemented, agricultural, forestry and aquaculture production account for 24.4% of the occupation of household’s members; trade and service account for 12.2%. The average poor household proportion in the 4 communes is 4.4%. The average income of each household is from 2 millions to 3 millions VND/month. Each household has an average of 4.1 person/household. As for education level, the majority finished primary schools (39%), and only 7.3% members of households attended higher education level, college or higher. 5. Policy Framework and Matrix of Entitlement. A resettlement policy framework was prepared based on current policies and decisions of the Vietnamese government and World Bank’s Operation Policy on Involuntary Resettlement (OP 4.12) .. This document will guide the preparation of this resettlement plan and resettlement implementation for the project. General objectives of the policy and this resettlement document aim to ensure all affected people by the project to receive compensation for lost assets at replacement costs. Supports 7 will be supplied for severely affected households, displaced households, households losing income, and households belonging to a vulnerable group in order to restore their income and living conditions at least equal or higher than before the project.. 6. Consultation and participation of community. All affected people participated in community consultation about project information, project’s impacts, relocation options. Feedback information from consultations was considered in the preparation of this RP.. 7. Implementation process. Tasks of resettlement, compensation, assistance will be implemented by the District Resettlement Council (DRC), Subproject Management Units (SPMUs), and Central Project Office (CPO) and internal monitoring units. In the process of implementation, it is required strict coordination with implementation units as DRC, SPMUs, local agencies, local authorities and local social organizations, affected people in the area of the project. An Independent Monitoring Agency will be recruited to monitor implementation of this RAP. 8. Grievance redress mechanism. In the implementation process, any grievances of affected people will be solved based on procedures mentioned in the RPF for compensation and resettlement of the project as well as in this RAP. Complaints will be solved by local authorities, project’s officers fairly and clearly with monitoring of independent monitoring agencies. Complainers will not pay any administrative costs. 9. Monitoring and evaluation. Officials of SPMU and CPO will follow and monitor RAP implementation process. Otherwise, outside monitoring consultants will be recruited to monitor the implementation process and assess living conditions of APs during the process of RAP implementation and after finishing RAP. 10. Estimated cost. The total estimate cost of compensation and assistance is 15,331,488,410 VND; equivalent to 682,917 USD (with the exchange rate 1 USD = 22,450 VND). This cost includes compensation costs for residential land, production land, plants, houses, structures, assistance, income restoration program and other cost for RAP implementation. 11. Implementation plan. Activities of compensation, support and resettlement will be implemented in 1 year, from 2016 to 2017 and DRCs will be mainly responsible for RAP implementation. 8 1. INTRODUCTION 1.1. The Mekong Delta Integrated Climate Resilience and Sustainable Livelihoods Project The Government of Vietnam through the Ministry of Agriculture and Rural Development (MARD) and the Ministry of Natural Resources and Environment (MONRE) is preparing an investment project namely the Mekong Delta Integrated Climate Resilience and Sustainable Livelihoods (MD-ICRSL) or the Project with possible financing from the International Development Association (IDA or the World Bank, WB). The Project is expected to be appraised in January 2016. The development objective of the Project is to improve integrated, climate resilient management and development of the Mekong River Delta in Vietnam by strengthening information systems, reinforcing institutional coordination and capacity, and financing ‘low-regret’ investments in selected provinces. The Project area covers 8 provinces in the Mekong Delta i.e. Dong Thap, An Giang, Kien Giang, Ca Mau, Bac Lieu, Soc Trang, Tra Vinh, and Ben Tre. The project activities are expected to be implemented through the following components: - Component 1: Knowledge Management, Planning, and Institutions. This component aims for (i) Creating a Knowledge Management Platform for Mekong Delta, (ii) Developing a Delta Planning and Management Coordination Mechanism, (iii) Updating the Mekong Delta Plan, and (iv) support DONRE/DARDs. This component would support implementation of the Government policy, planning, and institutional aspects during the implementation of the 2013 Mekong Delta Plan both at central and provincial levels under the leadership of MONRE and MARD. - Component 2: Freshwater Management through Flood Retention in Upper Delta. This component aims to strengthen resilience of the agriculture and aquaculture economies of An Giang, Dong Thap, Kien Giang by (i) strengthening water resources management and flood retention measures; (ii) supporting sustainable agricultural/aquaculture systems that are adaptive and resilient to seasonal flooding; and (iii) improving market connectivity and competitiveness for improved livelihoods. Most activities will most likely fall under the responsibility of MARD, (with some activities potentially managed by MONRE). Initial discussions with the WB team in April 2015 suggested that the potential sub-projects may involve conversion of areas from triple rice cropping to rice-aquaculture or rice-vegetables cropping patterns (especially in An Giang and Dong Thap) including technical assistance on market access, marketing, and livelihoods support measures. Others may include financing of soft and hard investments to improve water resources management capacity and potential flood retention measures in the An Giang, Long Xuyen Quadrangle. Hydrological modeling being conducted through the existing Mekong technical assistance activity could help to estimate the potential impacts in terms of reduced flood risks in downstream cities of Long Xuyen and Can Tho. In addition, it is also possible to support the scaling up of sustainable 9 agricultural/fisheries systems adaptive and resilient to seasonally flooding conditions and strengthen agriculture/fish value chains in order to support sustainable livelihood practices. - Component 3: Balancing Freshwater and Brackish Livelihoods in the Delta Estuary. This component aims to tackle the challenges related to salinity intrusion, coastal erosion, and improved livelihoods for communities living in the coastal and river mouth areas through (i) potential coastal defense measures that provides adequate protection against flooding and coastal erosion, and protects inland economic activities; (ii) potential water resources management investments in both closed and open systems; (iii) building capacity of resilience and adaptation to the gradual expansion process of saline intrusion by diversifying agricultural/fisheries systems; and (iv) securing surface fresh water supplies for domestic/commercial use in the transition and coastal zones. Activities under this component will most likely fall under the responsibility of MARD(with some activities potentially managed by MONRE).Initial discussion with the WB team in April 2015 suggested that the activities would involve activities at sub-region level revolved around the trade-off between reducing salinity intrusion, or moving to a brackish economy especially in Ben Tre and Tra Vinh provinces where options on construction and rehabilitation of sluice gates as well as options of moving some communities to brackish livelihoods are being discussed. The concept of building a “balance island” – an innovation being used in the Netherlands to address coastal erosion in delta estuaries is also being discussed. Overall, it is important to ensure that the land-use planning should proactively be responsive to changing water and soil conditions rather than deciding on water allocations (and requiring associated infrastructures) to feed current land-use patterns. Potential sub-projects would include both soft and hard investments to contribute to both open and closed systems, making decisions on areas that would be more suitable as fresh water zones for rice or fruit/horticulture, and those better suited to more to a brackish economy. Options to be considered may include sluice gates, river embankments, rainwater harvesting, surface water storage etc. These may be supplemented by mangrove rehabilitation in suitable areas to help restore coastal landscapes, enhance resilience of inland farming systems, and reduce vulnerability to the impacts of sea- level rise and coastal erosion. There was also a clear need to identify suitable agricultural/aquaculture systems (such as mangrove shrimp farming) which are more adaptive and resilient to saline intrusion, and accompanied by livelihood support activities relating to market access, value chains, and cooperatives. - Component 4: Adapting to Coastal Erosion and Saline Intrusion in Delta Peninsula. This component aims to strengthen climate change resilience of the Southern Ca Mau sub- region’s brackish economy by (i) ecological restoration to reduce coastal erosion and protect inland economic activities; (ii) building capacity of resilience and adaptation to the gradual expansion process of saline intrusion caused by SLR through adoption of diversified agricultural/fisheries systems; and (iii) developing /improving sustainable coastal livelihoods (i.e. improve market connectivity and competitiveness). Activities under this component will most likely fall under the responsibility of MARD, (with some activities potentially managed by MONRE). Initial discussion with WB team in April 2015 suggested for the need to explore options relating to addressing the significant coastal erosion and salinity intrusion in this sub- 10 region. The lower section of the Ca Mau peninsula, as well as the coastal areas of Bac Lieu, Soc Trang, and Kien Giang faces impacts from sea level rise, land subsidence (mainly from excessive groundwater extraction), as well as coastal erosion. Others may include the ideas to explore expanding mangrove-shrimp cropping – which has had some success in certain communities, pilot organic shrimp farming (IUCN support) –an innovation which employed a PPP model and shrimp farmers benefitting from higher prices (10%) for mangrove covered shrimp farms. The provinces are interested in learning more about the organic shrimp farming pilot and for potentially expanding it to more communities and also highlighted the urgent need for freshwater for domestic use, with options ranging from piped water supply, to rainwater harvesting, to surface water reservoirs. Activities relating to mangrove rehabilitation/ ecological restoration would aim to restore biodiversity to enhance resilience of inland farming systems, reduce vulnerability to the impacts of sea-level rise and coastal erosion. Potential activities supporting agricultural/aquaculture systems resilient to saline intrusion would aim to improve sustainability of shrimp farming and promote greater rotation/diversification farming systems. Additional proposed activities would aim to strengthen aquaculture/ agricultural value chains in order to support sustainable livelihood programs. - Component 5: Project management and capacity building. This component will be split into project management support and capacity building for MONRE and MARD. This component is expected to provide incremental running costs and consultant and advisory services for overall project management, financial management, procurement, safeguards and monitoring and evaluation. 1.2. Subproject 3 in Component 3: South Mang Thit Irrigation System The sub-project aims to maintain fresh water regime to support agricultural activities and adapting to climate change in the districts of Cau Ke (Tra Vinh province), Tra On and Vung Liem (Vinh Long province). Figure 1. Locations of construction works 11 After completion of construction in 2008, the South Mang Thit Irrigation System has been operated to serve for production and socio-economic development of Tra Vinh and Vinh Long province. However, in recent years, salinity of 4 g/l intrudes increasingly through the estuaries Vung Liem, Tan Dinh, Bong Bot. In the dry season, the southern area of the irrigation system lack of fresh water for production; environmental pollution increases; the automatic sluice gates do not meet the requirements of water control and navigation; tidal erosion in some structures; salinity intrusion in some areas of the northern area of the project through the open gates. Salinity and rising water level make further impact into the territory of the project area due to climate change, and is expected to become more severe affecting water supply demand in Tra Vinh province and a part of Vinh Long province. Therefore, the proposed subproject will help to overcome the problems mentioned above, to supply water for sustainable production and development, adaptation with climate change and sea level rise for 225,682 hectares of the South Mang Thit Irrigation System and 82,383 hectares of natural land of Vung Liem, Tra On districts in Vinh Long province and Cau Ke, Cang Long district in Tra Vinh province. The project is particularly significant for such a province with high poverty rate and many Khmer ethnic minorities like Tra Vinh province. Table 2. Communes in the construction area of the subproject No. Province District Commune Construction 1 Tra Vinh Cau Ke An Phu Tan Bong Bot and Tan Dinh sluices 2 Vinh Long Tra On Tich Thien Tan Dinh sluice 3 Vinh Long Vung Liem Trung Thanh Dong Vung Liem sluice 4 Vinh Long Vung Liem Trung Thanh Tay Vung Liem sluice This subproject is proposed to build 3 sluices, namely Bong Bot, Tan Dinh, Vung Liem, 2 ship locks and rehabilitation of some other valve devices in order to achieve the following objectives: - To build the water resources management system to support sustainable agricultural and rural development, contributing to regional socio-economic development and local people’s living standards improvement; - Based on the most updated land-use planning and climate change scenarios, identify the suitable livelihood models for the coastal area; To enhance the ability of the local people to move to more sustainable and income generating livelihood models (vegetables, aquaculture) - To improve capacity in management and project implementation, environmental and social management in the context of climate change. There is an on-going compensation and resettlement activity under provincial funds for the Bong Bot sluice gate which is included in the sub-project. Some HH have been compensated and some relocated recently. A due diligence review of compensation and resettlement activities for these HHs will be conducted before implementation to identify the gaps between 12 the applied and the proposed project policies to determine additional measures to fill in the gaps. The review results with proposed additional compensation and resettlement measures for these affected households to meet the Bank’ requirements will be added in the updated RAP for this sub-project. 1.3. Objective of Resettlement Action Plan A Resettlement Action Plan (RAP) is a document specifying the procedures it will follow and the actions it will take to properly resettle and compensate affected people and communities. The RAP is prepared on the basis of the Resettlement Policy Framework of the project consistent with Involuntary Resettlement Policy of the World Bank and policies, laws of the State of Vietnam. The RAP identifies the full range of people affected by the project and justifies their displacement after consideration of alternatives that would minimize or avoid displacement. The RAP outlines eligibility criteria for affected parties, establishes rates of compensation for lost assets, and describes levels of assistance for relocation and reconstruction of affected households This RAP will be updated after the completion of the detailed design and Detailed Measurement Survey (DMS) which will identify the exact scope and level of impact of the subproject. 2. SCOPE OF IMPACT AND SOCIOECONOMIC CONDITIONS 2.1. Impacts due to Land Acquisition At this project preparation stage, it is expected that the subproject to be proposed would involve construction of 3 sluices Bong Bot, Tan Dinh, Vung Liem which will have potential impacts (positive and negative) on land, non-land assets and income, change in types of livelihoods is likely to occur and appears to be an important social issue. Such social impacts are covered under the Regional Social Assessment. Inventory of loss (IOL) was implemented basing on technical design of the construction mentioned above for collecting data on people, land, structure, crops, etc. affected by the subproject. In November of 2015, the IOL team including resettlement consultants of Vietnam Academy for Water Resources cooperated with staff of People’s Committees (1 deputy chairman, 1 land use manager, 1 agricultural manager and all leaders of related villages) of 3 affected communes and design consultants to identify temporary boundaries of civil works and affected households due to land acquisition of the subproject. The IOL was conducted among the 13 households affected by the subproject in 4 communes in Cau Ke district, Tra Vinh province and Tra On, Vung Liem districts in Vinh Long province. At the same time, a socio-economic survey (SES) was conducted with all 13 affected households. The questionnaires of IOL and SES are presented in the Annex 1. Overall estimates of land acquisition and resettlement are shown in the following table. 13 Table 3. Summary of estimated land acquisition impacts of subproject Total Ethnic Permanent impacts Temporary minorities impacts No. of No. of AH No. of No. of Production Residential No. of No. of Land AH AH physically land land affected AH acquisition displaced acquisition acquisition graves (m2) HH (m2) (m2) 13 0 13 12 17,734 3,190 0 0 0 Only construction of 3 sluices Bong Bot, Tan Dinh, Vung Liem requires land acquisition that affects the residents around construction sites. Construction of ship locks and rehabilitation works taking place within area of the existing structures do not lead to resettlement impacts. According to the inventory of losses, there are 13 affected households including 12 households to be physically displaced; none of them belongs to ethnic minorities. Area of permanent land acquisition is about 17,734 m2, including 3,190 m2 of residential land. Area of temporary land acquisition is 16,243 m2. 2.1.1. Impacts on land The subproject acquires permanently 17,734 m2 of production land and 3,190 m2 of residential land; it will also acquires temporarily 16,243 m2 of production land in the 4 affected communes. Quantity and types of lands acquired are shown in the following table. Table 4. Scope of land acquisition Permanent Permanent Temporary No. production residential production No. Province District Commune of land land land AHs acquisition acquisition acquisition (m2) (m2) (m2) 1 Tra Vinh Cau Ke An Phu Tan 4 3,900 1,200 6,500 2 Vinh Long Tra On Tich Thien 4 4,500 690 1,128 3 Vinh Long Vung Trung Thanh 2 4,675 400 3,715 Liem Dong 4 Vinh Long Vung Trung Thanh 3 4,659 900 4,900 Liem Tay Total 13 17,734 3,190 16,243 The total of land acquired permanently for the whole project is 20,924 m2. Types of land affected include residential land, garden land and aquaculture land. Detail of affected land types is showed in the following table. Table 5. Detail of land loss according to land types Residential Garden land Aquaculture Total of affected No. District land (m2) (m2) land (m2) land area (m²) 1 Cau Ke 1,200 3,900 0 5,100 14 2 Tra On 690 4,500 0 5,190 3 Vung Liem 1,300 9,210 124 10,634 Total 3,190 17,610 124 20,924 Proportion 15.2% 84.2% 0.6% 100% Residential land In the total of 20,924 m2 permanent land acquisition, there are 3,190 m2 of residential land (accounting for 15.2% in the total of permanent land acquisition). Garden land Garden land is the main type of land to be acquired, 17,610 m2, accounting for 84.2% in the total of permanent land acquisition. Aquaculture land Only 124 m2 of area of aquaculture will be acquired (0.6%) 2.1.2. Impacts on structures and assets on acquired lands 12 HHs have to be displaced physically due to loss of their whole houses and their remaining residential land is not viable. Types of affected houses are houses with brick walls and concrete roof, houses with brick walls and tile roof, and temporary houses by bamboos, leaves. The total of house area is 1185 m2. Detail of types of affected houses according to house condition and locations are presented in the following table. Table 6. Condition of affected houses Temporary House with House with house by brick wall, brick wall, Total Area bamboos, No. Province District Commune concrete roof tile roof leaves HH m2 HH m2 HH m2 HH m2 1 Tra Vinh Cau Ke An Phu Tan 1 210 2 150 1 50 4 410 Vinh 2 Long Tra On Tich Thien 0 0 2 220 1 90 3 310 Vinh Vung Trung Thanh 3 0 0 2 240 0 0 2 240 Long Liem Dong Vinh Vung Trung Thanh 4 1 35 2 190 0 0 3 225 Long Liem Tay Total 2 245 8 800 2 140 12 1185 According to consultation with physically displaced households, 10 HHs will opt for self- relocation and 2 HHs decided to resettle to other land they own. 15 Besides, AHs are also affected by loss of secondary structures such as kitchens, bathrooms, toilets, livestock raising facilities, concreted yard, and tanks. Detail of affected structures are shown in the following table. Table 7. Affected structures of households Commune No. Structure Unit An Phu Tich Trung Thanh Trung Thanh Tan Thien Dong Tay 1 Kitchen m2 50 30 2 Electricity meter set 4 2 2 3 3 Water meter set 2 40 1 4 Fence m2 150 5 Toilets m2 20 4 6 Concreted yard m2 40 20 35 7 Livestock cages m2 40 20 30 8 Fish pond m3 42.5 30 9 Soil graves set 5 10 Water tank set 16 2.1.3. Impacts on trees Due to large land acquisition of garden land, many types of trees (fruit trees, timbers trees and ornamentals trees) will be affected. Details of affected trees by types of trees and locations are shown in the following table. Table 8. Affected trees of households Commune No. Structure Unit An Phu Tich Trung Thanh Trung Thanh Tan Thien Dong Tay 1 Coconut tree 50 200 67 100 2 Banana tree 180 300 105 130 3 Longan tree 80 70 4 Mangosteen tree 120 5 Mango tree 50 40 4 6 Jackfruit tree 50 26 7 Mulberry tree 80 8 Hopea odorata tree 180 9 Ornamental tree tree 50 10 Apricot tree 40 10 11 Bamboo tree 2 16 2.1.4. Severely affected people due to land acquisition and assets Severely affected households due to production land acquisition 9 HH among the 13 HH will be severely affected losing over 20% of their production land (garden land) or, for vulnerable HH, losing more than 10%. Detail of ratios of affected production land in comparison with the total of land area of HHs is showed in the following table. Table 9.. Affected level of production land Percentage of affected land Total compared with total production land area of HH No. Province District Commune Under Within Over 10% 10-20% 20% 1 Tra Vinh Cau Ke An Phu Tan 3 0 1 4 2 Vinh Long Tra On Tich Thien 1 0 3 4 Trung Thanh 2 3 Vinh Long Vung Liem Dong 0 0 2 4 Vinh Long Vung Liem Trung Thanh Tay 0 0 3 3 Total 4 0 9 13 Physically displaced HHs As indicated above, 12 HHs have to be displaced as their house will be totally affected and their remaining residential land is not viable and are also considered as severely affected households. 2.1.6. Vulnerable households Among affected households, there are 5 HHs considered as vulnerable, including 1 poor HH, 1 social-policy HH, 1 lonely-elderly head of HH and 2 lonely female-headed HH with dependents. These households, besides compensation for lost assets, will receive additional support. 2.2 Mitigation measures for negative impacts In general, the project brings many advantages for local people, but as well as other development projects, adverse impacts such as land loss and social and environmental impacts are inevitable. Some households have to be displaced and will have their income affected. Mitigation measures will be implemented in aspects of both of construction and non- construction methods. As for construction solutions, when consultants selected construction routes and location of slice gates, design of construction was considered to minimize adverse impacts of land acquisition to local people. The construction work will be implemented synchronously for all works, then the structure will be operated immediately after completion, 17 rather than constructing one by one or partly which leads to reduce effectiveness of the project. 2.3 Socioeconomic Information 2.3.1 General social information of affected communes The total area of 4 communes affected by construction is 53.43 km2, and the total of population is 29,302 people (density of 548 people/km2). The ratios of males and females are similar (14,084 males compared with 15,218 females). Table 10. Area, population and living standard of project’s affected communes Total area Population by gender Poverty ratio Commune Population (km2) Male Female (%) An Phu Tan 15.96 10,675 5,445 5,230 5.0 Tich Thien 18.09 8,421 3,582 4,841 4.1 Trung Thanh Dong 11.17 4,858 2,331 2,525 4.0 Trung Thanh Tay 8.21 5,348 2,726 2,622 4.4 Total 53.43 29,302 14,084 15,218 According to socio-economic statistic data provided by CPCs, the poverty ratios of communes range from 4% to 5%. Compared to poverty ratios of Tra Vinh and Vinh Long provinces with 10.67% and 6.24%, respectively, these rates are lower. All communes have health centers and primary, secondary schools, but no high school. People in all communes use electricity from national network. Otherwise, some HHs also use electricity source from biogas. Water supply, for domestic and production needs are from varous sources. Majority of people use water from ponds, lakes, rivers, streams, drilled wells and dug wells. Only some use tap-water, some HHs have rain-water tanks to use for domestic use. Table 11. Health facilities, education and living facilities School Health Primary Commune and High Electricity Domestic water Center secondary School school Mainly use dug well, drilled well (66%), tap- An Phu Tan 1 5 0 100% water (25%), remains are other types with small proportion Mainly use drilled well Tich Thien 1 3 0 100% (67%), tap-water (20%), water from ponds, lakes, rivers, streams (11%), 18 and rain water with small proportion Trung Thanh Dong 1 2 0 100% Mainly use water from ponds, lakes, rivers, streams (72%), tap- Trung Thanh Tay 1 2 0 100% water (19%), remains use rain water (9%) Total 4 12 0 2.3.2. Results of household survey After the household survey in 4 communes of the project, consultants identified 13 affected households (AH) of the project. Each household has an average of 3000-5000 m2 of production land. The following data is the result of surveys with 13 AHs of the project. Population, ethnic In the total of 13 AHs of the project, the number of households which were surveyed on socio-economic situation is 13 HHs with the total of 41 members. All AHs are Kinh people, the ethnic majority in Vietnam. At the construction site of the project, there are no ethnic minority people. In 13 AHs, the number of male and female in HHs are not much different. The percentages of male and female are approximately 50% of each. Table 12. Number of affected households By gender Ethnic No. of No. of No. of Kinh District/Commune HH AHs people Male Female surveyed No. of HH people Cau Ke 4 4 15 4 15 An Phu Tan 4 4 15 8 7 4 15 Tra On 4 4 9 4 9 Tich Thien 4 4 9 3 6 4 9 Vung Liem 5 5 17 4 17 Trung Thanh Tay 3 3 12 7 5 3 12 Trung Thanh Dong 2 2 5 3 2 2 5 Total 13 13 41 21 20 13 41 Age, education In the total of 41 members of AHs, the number of people under 6 years old is 3 (ratio of 7.3%), the number of students (6-17 years) is 7 (ratio of 17.1%) and number of people in the working age group (18-60 years) is 105 (ratio of 56.1). The number of people over 60 years is 8 (accounting for 19.5%). 19 Table 13. Percentage of population in age groups Age groups Total District Under 6 years 6-17 years 18-60 years Over 60 year N % N % N % N % N % Cau Ke 2 4.9 3 7.3 9 22.0 1 2.4 15 36.6 Tra On 0 0.0 2 4.9 2 4.9 5 12.2 9 22.0 Vung 1 2.4 2 4.9 12 29.3 2 4.9 17 41.5 Liem Total 3 7.3 7 17.1 23 56.1 8 19.5 41 100.0 Most of the affected persons finished secondary schools ( 26.8); 14.6% finished high schools, 7.3% are in qualification of college, university. The 3 illiterate persons are elderly, accounting for 6.8%. Table 14. Education level of APs Nursery Primary Secondary High College – Total District Illiteracy school School school School University N % N % N % N % N % N % N % Cau Ke 2 4.9 0 0.0 9 22.0 3 7.3 0 0.0 1 2.4 15 36.6 Tra On 0 0.0 0 0.0 6 14.6 2 4.9 0 0.0 1 2.4 9 22.0 Vung 1 2.4 2 4.9 1 2.4 6 14.6 6 14.6 1 2.4 17 41.5 Liem Total 3 7.3 2 4.9 16 39.0 11 26.8 6 14.6 3 7.3 41 100 Occupation and income Members of AHs have different occupations, 10 out of 41 people works in agricultural activities (including horticulture and livestock raising), accounting for 24.4% of the total. Other occupations are students (17.1%) and trading (12.2%). The remaining people belong to worker, state or private employee, driver, part-time labor, housewife, retiree. Table 15. Occupations of affected people Cau Ke Tra On Vung Liem Total Occupation N % N % N % N % Agriculture 4 9.8 6 14.6 0 0.0 10 24.4 Trading 1 2.4 2 4.9 2 4.9 5 12.2 Worker 0 0.0 2 4.9 0 0.0 2 4.9 State employee 0 0.0 1 2.4 0 0.0 1 2.4 20 Employee of 1 2.4 0 0.0 0 0.0 1 2.4 private companies Driver 0 0.0 0 0.0 1 2.4 1 2.4 Housewife 1 2.4 0 0.0 2 4.9 3 7.3 Retiree 0 0.0 2 4.9 1 2.4 3 7.3 Student 1 2.4 3 7.3 3 7.3 7 17.1 Part-time labor 0 0.0 0 0.0 2 4.9 2 4.9 Other 1 2.4 1 2.4 4 9.8 6 14.6 Total 9 22.0 17 41.5 15 36.6 41 100 The survey on income rate of AHs indicates that the majority of AHs have average monthly income from 2 to 3 mil.VND/HH/month, accounting for 46.2%. There are 3 AHs with income rate from 2 to 3 mil.VND/HH/month, accounting for 23.1%. This income rate is nearly similar to poverty line promulgated by MOLISA (calculated based on 4.14 people/HH). Number of AHs with income from 3 to 5 mil. VND and over 5 mil.VND are the same of 2 HHs, accounting for 15.4% of each. Table 16. Monthly income of affected households Under 2 From 2-under From 3-5 Over 5 Total District mil.VND 3 mil.VND mil.VND mil.VND HH % HH % HH % HH % HH % Cau Ke 1 7.7 2 15.4 0 0.0 1 7.7 4 30.8 Tra On 2 15.4 2 15.4 0 0.0 0 0.0 4 30.8 Vung 0 0.0 2 15.4 2 15.4 1 7.7 5 38.5 Liem Total 3 23.1 6 46.2 2 15.4 2 15.4 13 100 Domestic water and electricity Regarding drinking water sources, most of AHs in Cau Ke and Tra On district use tap water for drinking with 6 HHs, accounting for 46.2%. While, 4 AHs in Vung Liem district use rain water for drinking, accounting for 38.5%. Percentage of water used from lake/river water is only 15.4%. Majority of AHs use water from river for washing, accounting for 69.2% because they are living near the rivers. The others use tap water or wells for washing purposes. Regarding power usage, all 13 AHs use electricity source from national power network. Otherwise, a few HHs also use energy source from biogas of livestock raising. Table 17. Water sources of affected households Drinking water source Washing water source 21 District Tap Wells Lake/river Rain Tap Wells Lake/river Rain N % N % N % N % N % N % N % N % Cau Ke 3 23.1 0 0.0 1 7.7 0 0.0 1 7.7 1 7.7 2 15.4 0 0.0 Tra On 3 23.1 0 0.0 0 0.0 1 7.7 0 0.0 0 0.0 5 38.5 0 0.0 Vung Liem 0 0.0 0 0.0 1 7.7 4 30.8 1 7.7 1 7.7 2 15.4 0 0.0 Total 6 46.2 0 0.0 2 15.4 5 38.5 2 15.4 2 15.4 9 69.2 0 0.0 3. POLICY FRAMEWORK AND ENTITLEMENTS 3.1. The Legal framework of the Government of Vietnam The GOV’s Legal Framework: The legal framework with respect to land acquisition, compensation and resettlement is based on the Constitution of the Socialist Republic of Vietnam (2013), and the Land Law 2013 (revised), and other relevant decrees/guidelines. The principal legal documents applied for this RPF include the followings: - Constitution of Vietnam 2013; - The Law on Water Resources No.17 / 2012 / QH13, June 21, 2012 - The Law on Dike No. 79/2006 / QH11, November 29, 2006 - The Law on Land No. 45/2013/QH13, effective since July 1, 2014; - Decree No.43/2014/ND-CP dated on May 15, 2014 guiding in detail some articles of the Law on Land 2013; - Decree No.44/2014/ND-CP dated on May 15, 2014 provides on method to determine land price; make adjusted land price brackets, land price board; valuate specific land price and land price consultancy activities; - Decree No. 47/2014/ND-CP dated on May 15, 2014 providing compensation, assistance, resettlement when land is recovered by the State; - Decree No. 38/2013/ND-CP dated on April 23, 2013, on management and use of official development assistance (ODA) and concessional loans of WB; - Decree No. 201/2013 / ND-CP dated on November, 27, 2013 of the Government detailing the implementation of some articles of the Law on Water Resources; - Circular No. 36/2014 / TT-BTNMT dated on 30 June 2014, regulating method of valuation of land; construction, land price adjustment; specific land valuation and land valuation advisory; - Circular No. 37/2014/TT-BTNMT dated on 30 June 2014, regulating compensation, assistance and resettlement when the State acquires land; 22 - Decision No. 1956/2009/QD-TTg, dated November 17, 2009, by the Prime Minister approving the Master Plan on vocational training for rural labors by 2020; - Decision No. 52/2012/QD-TTg, dated November 16, 2012, on the assistance policies on employment and vocational training to farmers whose agricultural land has been recovered by the State; - Decision of PPCs / city project implementation issued regulations on compensation, support and resettlement when the State recovers land in the locality; - Others. Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include the Construction Law 50/2014/QH13, dated on 18 Jun 2014, on construction activities, rights and obligations of organization and individual investing in civil works construction and construction activities; Decree 102/2014 / ND-CP on sanctioning of administrative violations in the field of land replaced by Decree No. 15/2013 / ND-CP dated on February, 06, 2013 on quality management of constructions; Decree No. 12/2009/NĐ -CP of the Government, dated 12 February 2009 on the management of construction investment projects and replacing the Decree 16/2005/ND-CP, the Decree 38/2013/ND-CP of the Government on the management and use of Official Development Assistance (ODA) fund, and Decree 126/2014/ND-CP of the Government on marriage and family Law implementation, stipulating that all documents registering family assets and land use rights must be in the names of both husband and wife; Decisions of project provinces relating to compensation, assistance and resettlement in provincial territory will be also applied for each relevant project province. Disclosure of information about land acquisition, at the Article 67 Land Law No. 45/2013/QH13, require disclosure of information to affected people prior to acquisition of agricultural and non-agricultural lands within minimum 90 and 180 days respectively. Decrees relevant to protection and preservation of cultural property include Decree No. 98/2010/ND-CP Detailed regulations for implementation of some articles of the Law on Cultural Heritage and the Law on editing and supplementing some articles of the Law on Cultural Heritage requiring that sites currently recognized as cultural and historical vestiges, should be kept intact according to current legal regulations. Documents relating to complaints and resolve complaints mechanisms: complaints Law 02/2011/QH13 dated on November 11, 2011, Decree No. 75/2012/ND-CP of the Government dated on March 10, 2012: Specific provisions a number of articles of the Law on Complaints. 3.2. The World Bank’s Operation Policy on Involuntary Resettlement (OP 4.12) The World Bank recognizes that involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The Bank’s Resettlement Policy OP 4.12, includes 23 safeguards to address and mitigate the economic, social, and environmental risks arising from involuntary resettlement. The WB’s involuntary resettlement policy objectives are the following: (i) Involuntary resettlement should be avoided where feasible, or minimized after exploring all viable alternatives in project design; (ii) Where resettlement cannot be avoided, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the people affected by the Project to share in benefits. Affected Persons should be meaningful consulted and should have opportunities to participate in planning and implementing resettlement programs. (iii) Affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-project levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 3.3. Comparison between Government of Vietnam and World Bank approaches The GOV’s policies and practices both in resettlement and compensation are mostly compatible with the WB’s guidelines. There are several differences between the GOV’s regulations and WB’s policies in terms of compensation, assistance resettlement and livelihood rehabilitation for PAPs. The summary of differences of the two policies and a harmonizing policy with the proposed measures to close the gaps between two policies to be applied for this project, are presented in Table 5. As a WB member country, the GOV has committed that, should the international agreements signed or acceded to by GOV with the WB contain provisions different from those in the present resettlement legal framework in Vietnam, the provisions of the international agreements with the WB shall prevail. According to Clause 2 of Article 87 of the Land Law 2013, “for the projects using loans from foreign and international organizations for which the State of Vietnam has committed to a policy framework for compensation, support, resettlement, the framework is applied". To comply with WB OP 4.12 policy on Involuntary Resettlement, articles in the laws and regulations of Vietnam that do not guarantee the PAPs’ right to compensation at replacement costs, or eligibility articles that do not extend the right of being restored and/or assisted to households without valid land papers, or otherwise limit the compensation required by WB OP 4.12, will not apply. The requirements of WB OP 4.12 will fully apply in all cases. Table 18. Comparison of Vietnam’s and World Bank’s Policies related to Involuntary Resettlement Subjects Bank’s OP 4.12 Government of Vietnam Project Measures 1. Land Property 24 1.1. Policy PAPs (Project Affected Not mentioned. Livelihoods and objectives Persons) should be income sources However, there is a assisted in their efforts to will be restored in provision of support to be improve their livelihoods real terms, at least, considered by Provincial and standards of living to the pre- People’s Committees or at least to restore displacement levels (PPC) to ensure they have them, in real terms, to or to levels a place to live, to stabilize pre-displacement levels prevailing prior to their living and production. or to levels prevailing the beginning of (Article 25 of Decree 47). prior to the beginning of project project implementation, In case the amount of implementation, whichever is higher compensation/ support is whichever is not enough for resettled higher. people to buy a minimum resettlement plot/ apartment, they will be financially supported to be able to buy a minimum resettlement plot/apartment (Article 86.4 of Land Law 2013 and Article 27 of Decree 47) 1.2. Support for Financial assistance to Only agricultural land used Financial affected all project affected before July 1, 2004 is assistance of an households who persons to achieve the eligible for compensation. agreed amount will have no policy objective (to Other cases may be be given to all recognizable legal improve their livelihoods considered for assistance PAPs, regardless of right or claim to and standards of living by PPC if needed. their legal status, the land they are or at least to restore until their occupying them, in real terms, to livelihoods and pre-displacement levels standards of living or to levels prevailing restore in real prior to the beginning of terms, at least, to project implementation, pre-displacement whichever is higher) levels. 1.3.Compensation Compensation at full No compensation Compensation at for illegal cost for all structures full replacement structures regardless of legal status cost will be given of the PAP’s land and for all structures structure. affected, regardless of legal status of 25 the land and structure. 2. Compensation 2.1. Methods for Compensation for lost Compensation for lost Independent determining land and other assets assets is calculated at price appraiser identifies compensation rates should be paid at full close to transferring the replacement costs replacement costs, assets in local markets or for all types of the cost of newly-built assets affected, structures. PPCs are which are granted to identify appraised by land compensation prices for appraisal board and different categories of approved by. assets. Independent land Provincial People’s valuator can be used to Committees to determine land prices, ensure full which will be appraised by replacement costs. land appraisal board before PPC approval. 2.2.Compensation Loss of income sources Assistance in respect of All income losses for loss of income should be compensated income loss is given only are to be sources or means (whether or not the for registered businesses. compensated and, of livelihood affected persons must Assistance measures to where necessary to move to another restore income sources are achieve the location) provided. objectives of the policy, development assistance in addition to compensation will be provided. 2.3.Compensation It is good practice for Not addressed. Social assessment for indirect impact the borrower to has been caused by land or undertake a social undertaken and structures taking assessment and measures identified implement measures to and being minimize and mitigate implemented to adverse economic and minimize and social impacts, mitigate adverse particularly upon poor impacts, and vulnerable groups. particularly upon 26 poor and vulnerable groups. 2.4. Livelihood Provision of livelihood Livelihood restoration and Provision of restoration and restoration and assistance measures are livelihood assistance assistance to achieve the provided. No follow-up for restoration and policy objectives. full livelihood restoration assistance after resettlement measures to completion. achieve the policy objectives. These will be monitored as detailed in the RAP 2.5.Consultation Participation in planning Focus mostly on Consultation and and disclosure and implementation, consultation during participation specially confirming the planning (consultation on incorporated into eligibility criteria for draft plan of compensation, RAP design, along compensation and support and resettlement with information assistance, and access and plan for training, sharing with PAPs to Grievances Redress occupation change and and stakeholders. Mechanisms facilitating job searching); information sharing and disclosure. 3. Grievance redress mechanism Grievance redress The same governmental More effective mechanism should be body makes decisions on Grievance and independent compensation and Redress resettlement, and also mechanisms are to handles grievances at the be established, first step. built on the However, complainants existing can go to court at any steps governmental system, with as PAP wishes. monitoring by an independent monitor 4. Monitoring & Evaluation Internal and independent Citizens are allowed to Both internal and 27 monitoring are required supervise and report on independent breaches in land use and monitoring is to be management on their own regularly (or through representative maintained (on a organizations), including monthly basis for land acquisition, internal and bi- compensation, support and annual basis for resettlement (Article 199, independent Land Law 2013). monitoring). A final report will be There is no explicit done to confirm requirements on whether the monitoring of the objectives of OP resettlement works, 4.12 were including both internal and achieved. independent monitoring 4. PRINCIPLES AND POLICIES FOR RESETTLEMENT, COMPENSATION AND REHABILITATION 4.1. General principles All projects affected people (PAP) who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation for their losses. Those who have lost their income and/or subsistence will be eligible for livelihood rehabilitation assistance based on the criteria of eligibility defined by the project in consultation with the PAPs. If, by the end of the project, livelihoods have been shown not to be restored to pre- project levels, additional measures will be provided. - The compensation rates will be determined based on the results of independent appraisal of the land/crops/assets (associated with the land) in a timely and consultative manner. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/or houses or businesses. The local authorities will ensure that PAP choosing relocation on their own, obtain, without additional costs, the necessary property titles and official certificates commensurate with similar packages provided to those who choose to move to the project resettlement sites. - Land will be compensated “land for land”, or in cash, according to PAP’s choice whenever possible. The choice of land for land must be offered to those loosing 20% or more of their productive land. If land is not available, Project Management Unit (PMU) must assure itself, that this is indeed the case. Those loosing 20% or more of their land will have to be assisted to restore their livelihood. The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding. - PAPs who prefer “land for land” will be provided with land plots with the equivalent productive capacity for lost lands or a combination of land (a standard land plot) in a new residential area nearby for residential land, and cash adjustment for difference between their 28 lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the PAPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided. - PAPs who prefer “cash for land” will be compensated in cash at the full replacement cost. These PAPs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation. - Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure must use the highest value structure in that group (not the lowest). - Households whose income generation activities, or livelihoods are affected as a result of construction (temporary impact) will be compensated for at replacement costs principle. - As for the displaced households affected with shelter (displaced from existing residential land because the remaining land area is not feasible for building house or entire land acquisition), the local resettlement board needs to conduct consultations and makes agreed solutions to assist for new shelter for affected households. - The displaced households affected with shelter that capable of building house on the remaining land (not subject to displacement) will be applied general policies of the project in accordance with the agreed entitlement matrix. - The PAPs will be provided with full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands and other properties. - Compensation and rehabilitation assistance must be provided to each PAP at least 30 days prior to the taking of the assets for those who are not to be relocated and 60 days for those who will have to be relocated. Exceptions should be made in the case of vulnerable groups who may need more time. - If, by the end of the project, livelihoods have been shown not to be restored to pre- project levels, additional measures will be provided. - Additional efforts, such as economic rehabilitation assistance, training and other forms of assistance, should be provided to PAPs losing income sources, especially to vulnerable groups, in order to enhance their future prospects toward livelihood restoration and improvement. 4.2. Entitlement Policies All APs who are identified in the project-impacted areas on the cut-off date of the Project baseline survey (BLS) will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to enhance, or at least restore their livelihoods in real terms 29 relative to pre-project levels; and to improve the standards of living of the affected poor and other vulnerable groups. The cut-off date will be the date when the PPC issues the Notification of Land acquisition for the relevant project (Article 67.1 of Land Law 2013) before implementation of DMS. A census survey will be done before the cut-off date is announced to establish a list of potential affected households. Those who encroach into the investment area or building their new assets (rehabilitation, construction of houses/structures, new tree planting) after the cut-off date will not be entitled to compensation or any other assistance. Based on the feasibility study report, the baseline social survey (BLS), social impact assessment initially, the impact of resettlement: the group of people affected, download the affected land and other impacts through IOL. Based on the objectives of the policy and policy harmonization land acquisition, resettlement is proposed for the project, the interests of the affected people are required by law. The specific benefits for each group of affected people mentioned in the entitlement matrix below. 4.2.1. Compensation Policy for Permanent Impact For Loss of Agricultural land Legal land users: If the lost area represents less than 20% of a Household’s (HH’s) land holding (or less than 10% for poor and vulnerable groups), and the remaining area is economically viable, compensation in cash will be at 100% replacement cost for the lost area. If the lost area represents 20% or more of the HHs’ land holding, (or 10% or more for the poor and vulnerable groups) or the remaining area is economically not viable, then “land for land” compensation should be considered as the preferred option. If no land is ava ilable, then PMU must demonstrate this to the World Bank’s satisfaction before proceeding. If land is not available, or if the PAP prefers cash compensation, then cash compensation will be provided for the lost area at 100% of land replacement cost, and the PAP will be provided with rehabilitation measures to restore the lost income sources, such as agricultural extension, job training, provision of non-agricultural land at a location appropriate for running off-farm business or services. If the PAPs wish, and there is land of similar value elsewhere, the project should also assist these PAPs to visit these areas and help with legal transactions should they wish to acquire them. For agricultural land lying intermixed with residential areas, and garden and pond land lying adjacent to residential areas, apart from compensation at the price of agricultural land having the same use purpose, monetary support shall also be provided; with the prices for such support being equal to between 50% and 70% of the prices of adjacent residential land; and with the specific support levels being decided by the Provincial People's Committees (PPC) to suit local conditions. Users with temporary or leased rights to use communal/public land (PAPs who rent communal or public land): 30 Cash compensation at the amount corresponding to the remained investment put on the land or corresponding to the remained value of the land rental contract, if it exists. For PAPs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for investments made on the land, but not for the land itself, and these PAPs will also receive additional support for income rehabilitation if they are directly involved in agricultural activities as per Government’s regulations. Where PAPs receive land on a contractual basis but are other than the individuals specified as above, they shall only receive compensation for investments made on the land. Land Users who do not have formal or customary rights to the affected land. Instead of compensation, these PAPs will receive rehabilitation assistance at 80% of the land value in cash. Agricultural land used before July 1, 2004 will be compensated at 100% as per Article 77.2 of the land law. These PAPs will be entitled to the rehabilitation measures mentioned above, to ensure that their living standards are restored. In cases where the land is rented through civil contracts between individuals, households or organizations, then the compensation for crops, trees or aquaculture products will be paid to the affected land users and PMU shall assist the renter to find similar land to rent. In cases when PAPs utilize public land (or protected areas), with an obligation to return the land to the Government when requested, the PAPs will not be compensated for the loss of use of the land. However, these PAPs will be compensated for crops, trees, structures and other assets they own or use, at full replacement cost. The social and baseline assessment should consider if a physical impediment caused by the MD-ICRSL Project (such as a new public safety restriction) will impose additional costs on PAPs, and whether additional compensation is required to offset these costs. For Loss of Residential Land Loss of residential land without structures on it: for legal and/or legalizable land users, all compensation for loss of land will be made in cash at full replacement cost. For land users who have no recognizable land use right, financial assistance will be provided. The amount will be determined by the respective PPC. Loss of residential land with structures built thereon, where the remaining (non-acquired) land is adequate to rebuild the structure (reorganizing PAP): Compensation for loss of land will be made in cash at (i) full replacement cost for legal and legalizable land users; (ii) Financial assistance of an agreed amount will be provided to land users who do not have recognizable land use rights. 31 Loss of residential land with structures built thereon, and the remaining land is not adequate to rebuild the structure (relocating PAP): (i) For PAPs who have legal or legalizable rights to the affected land: • A land plot of equivalent size and quality, in a well-developed resettlement site. Where land is not available, an apartment will be provided to the PAP. This will be done in consultation with the PAP. Full ownership title to the land or apartment will be given at no cost to the PAP. OR, • On request of and with full consultation with the PAP, cash compensation at full replacement cost, plus the amount equivalent to the value of the infrastructure investments calculated as an average for each household in a resettlement site. In this case, the household will be expected to relocate themselves. In the event that the compensation amount to be paid is less than the cost of a minimum land plot /apartment in the project’s resettlement site, PAPs will be given the support needed to allow them to acquire the new land plot/apartment at no additional cost to them. If a land plot/apartment in the resettlement site is not PAP’s chosen option, a financial assistance, equivalent to the difference in the value of the chosen and actually received land plot/apartment will be provided to them. (ii) PAPs who do not have formal or customary rights to the affected land: • Financial assistance of an amount to be determined by Provincial People’s Committee will be given. • If the PAP has no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site and they can either pay in installment or rent it for living. In case the relocated PAPs belong to poor or vulnerable groups or households, additional assistance (in cash and kind) will be provided to ensure that they are able to fully relocate to a new site. For Loss of House/Structures Compensation or assistance in cash will be made for all affected private-owned houses/structures, at 100% of the replacement costs for materials and labor, regardless of whether or not they have title to the affected land or a construction permit for the affected structure. The compensation/assistance amount will be sufficient to rebuild the affected house/structure of the same quality. As per OP 4.12 cash compensation will be at full replacement cost in local markets. No deductions will be made for depreciation or salvageable materials. 32 If the house/structure is partially affected, a financial assistance will be provided to enable PAPs to repair the affected house/structures to restore it to the former condition, or better, at no additional cost to them. Tenants • Tenants of state-owned or organization-owned houses will be: (i) entitled to rent or buy a new apartment of an area at least equal to their affected ones or (ii) provided a financial assistance equivalent to 60% of replacement cost of the affected land and houses. The affected structures built at the PAP’s own costs will be compens ated for at full replacement costs. • Tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving assets, and will be assisted in identifying alternative accommodation. For Loss of Standing Crops and Trees or aquaculture products For annual and perennial standing crops, trees or aquaculture products, regardless of the legal status of the land, cash compensation at full replacement cost will be paid to the affected persons who cultivate the land. The compensation will be sufficient to replace the lost standing crops, trees or aquaculture products at local market rates. Perennial crops or trees will be compensated at a rate calculated on their life time productivity. Where affected trees can be removed and transported, compensation will be paid for the loss of the tree plus the transportation cost. For Loss of Income and/or Business/Productive Assets For PAPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be: • Allowance for stable production, business: All affected businesses and production households whose income is affected will be compensated and/or supported for losses in business equivalent to 30% of their actual annual income: (i) For licensed businesses the compensation will be based on their average yearly income as declared with the taxation agency over the previous three years, and (ii) For unregistered affected businesses but have made their tax obligations the compensation will be supported by 50% of the specified support. • Employees who are affected by acquisition of residential/commercial land acquisition, public land or land of enterprises: Allowance equivalent to the minimum salary as per the regulations to affected employees during the transition period which can be for a maximum of 6 months. Assistance in finding alternative employment will also be given. • If the business has to be relocated, the project will assist in finding an alternative site with location advantage and physical attributes similar to the land lost, and with easy access to a customer base, satisfactory to the PAP. Alternatively, the PAP will receive compensation 33 in cash for the affected land and attached structures at replacement cost, plus transportation allowance for movable assets. Compensation for Graves Compensation for the removal of graves/ tombs will include the cost for buying of land for re-burial, excavation, relocation, reburial and other related costs which are necessary to satisfy customary requirements. Compensation in cash will be paid to each affected family or to the affected group as a whole as is determined through a process of consultation with the affected community. The level of compensation will be decided in consultation with the affected families/communities. Household and individual graves are considered physical cultural resources (PCR) and even though the costs associated with their relocation will be covered in the resettlement plan, the WB OP 4.11 on Physical Cultural Resources should be triggered and relevant cross references should be made to the Environmental Management Plan or Project Implementation Manual. Compensation for other assets In the case of the affected households is equipped with telephone system, water meter, electric meter, cable TV, internet access (subscription), shall be compensated according to unit price of installing new units offer service announcement or relocation costs due to service providers regulations. Compensation for Loss of Public Structures In cases where community infrastructure such as schools, factories, water sources, roads, sewage systems, medical centers, distribution/transmission, communication and fiber cable are damaged and the community wishes to reuse them, the project will ensure that these are restored or repaired as the case may be, at no cost to the community. Public infrastructure directly related to people’s livelihoods and developmental needs, such as irrigation canals, school, clinic, etc. will be restored/rebuilt to pre-project or higher quality levels or compensated at replacement cost, as determined through consultation with the affected community. Land acquisition for the safety corridor of construction, AHs have houses and constructions on the land in safety corridor of construction, to be considered, assessed on impacts level and compensated and assisted in accordance with the policy of the project. 4.2.2. Compensation Policy for Temporary Impact during Construction When PAPs are adversely impacted by project works on a temporary basis, they are entitled to the following: • Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost; • Cash compensation for rental loss, which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption; 34 Damages caused by contractors to private or public structures: Damaged property will be restored to its former condition by contractors, immediately upon completion of civil works. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to repair the damage and may also be required to pay compensation to the affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project. Secondary PAPs: This refers to PAPs affected by development of individual resettlement or group resettlement sites. Because all secondary PAPs are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the impacts on them and according to the same compensation rates and procedures that apply to all PAPs affected in this project. Compensation for Loss of Community Assets: In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems are damaged, the project will ensure that these will be restored or repaired at no cost for the community, and be done to a standard that meets the community’s satisfaction. Any other impacts that may be identified during implementation Any other impacts identified during project implementation will be compensated in accordance with the principles of this RPF and World Bank OP 4.12. Any disruption of business will be compensated in accordance with the principles of this RPF. Households whose income generation activities, or livelihoods are affected as a result of construction (temporary impact) will be compensated for at replacement costs principle. In process of assistance plan development, it needs to determine and consult fully with AHs. 4.2.3. Allowances and Rehabilitation Assistance Besides the compensation for affected assets, PAPs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. They include, but are not limited to: For Impacts on Residential Land • Transportation Allowance to relocating PAP: The support level moving to new location: moving in the city will be decided by PPC, in accordance with local. 35 • Removal Support: Organizations and PAPs that are allocated or leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re-installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. • House Renting Allowance or temporary accommodation will be provided to PAPs who may be forced to relocate from their original homes and are still awaiting the replacement land plots or apartments. In the case of replacement land plots, the rental allowance will extend to the period during which the new house is being built. For Impacts on Agricultural Land: • Allowance for Loss of Livelihood (during transition period): (i) PAPs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with compensation by 30 kg of rice /person/month for 6 months if they do not have to relocate, and for 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (ii) PAPs losing more than 70% of their agricultural landholding will be assisted at the above rate for a period of 12 months if they do not have to relocate, and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided up to a maximum of 36 months; (iii) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. In case of land- for-land compensation, PAPs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc. • Support for Skill/Job Change: The project will offer a range of training options in consultation with the affected PAPs and relevant to the market demand and needs of the area. The financial compensation will at most 5 times the agricultural land prices established by PPC of the acquired agricultural land, but subject to the local land allocation limit as per Government’s regulations. • Support for training, apprenticeships on vocational training establishment s: At least one member of each affected household will be entitled to vocational training and assistance in getting employment in the PPC. The PAPs participating in such training programs will be exempted from payment of tuition fees. After finishing training courses, they will be given priorities to be recruited in local manufacturing industries. • Assistance for agricultural, garden and pond land adjacent to, but not included in the category of residential land: Additional assistance (equivalent 40% of the cost of compensation for the adjacent residential plot) for garden land and pond land; and (at 50% of the cost of compensation for the adjacent residential plot) for agricultural land. Other allowances/ assistance: 36 • Incentive Bonus: All PAPs who vacate the affected land immediately after receiving compensation and allowances will be given an incentive allowance consistent with each province. • Repair Allowance: If house/structure is partially affected and the remaining structure is viable for continued use, the project will provide a repair allowance equivalent to 20% of the compensation for the affected part of the structure, to enable PAPs to restore it to former or better conditions. • Relocated households which eligible for resettlement, but self -accommodation: an amount supported for investment in infrastructure cost/m2 announced by the Ministry of Construction, the land area to support is the actual recovery land but not exceeding the limit of land allocation in accordance with regulations. • Households relocating with school-going children will be supported with 1-year tuition as regulated by the Ministry of Education Allowances/ Assistance Targeted to Vulnerable Households: • For landless households: Assistance through provision of an apartment with either payment by installment to buy it or rent it for living (at PAP’s choice). Additional assistance will be considered if needed to ensure the PAP have a place to live. • Social Policy: (i) Relocated Households which included heroic mothers, heroic armed force, heroic labor, war veterans, wounded or dead soldiers; (ii) Poor Relocated Household or Poor Household whose 10% or more of their productive land affected or where <10% land affected but the remaining land will be provided with support as regulated by the PPCs (to be certified by local authority). • Other vulnerable groups: Female headed households with dependents, household with disabled persons, elderly without any source of support, poor and near pooe household and ethnic minority households will get the same additional support given to poor households in accordance with the provincial policy. • PAPs who will lose income sources will be entitled to take part in Income Restoration Programs. Rehabilitation measures like agricultural extension services, job training and creation, credit access and/or other measures as appropriate will be given to PAPs losing income sources to ensure their livelihood could be restored to the pre-project level. Apart from the assistances mentioned above, based on the actual situation, the Project may consider other assistances to secure life stabilization, culture, production and livelihoods of APs. 37 Table 19. Entitlement matrix Type of Loss/ Impacts Application Entitlements Implementation Arrangements 1. Productive land1 Legal land users Cash compensation at replacement cost (free - Affected households to be notified at (Agricultural, garden, from taxes and transaction costs) for the least ninety days before land recovery 1.1. Marginal loss (< 20% of pond land, etc.) either in affected area of the land. by the Project. land holding or < 10% for or out of the residential vulnerable group) The - The owner of land will hand over the area. remaining area of affected land within 20 days from the date plot is still economically District Compensation Board fully viable for use or meets the pays compensation for land. expected personal yield. 1.2. Loss of no less than Land for land compensation should be as the - Other assistance options which city 20% or no less than 10% preferred option. If land is not available, or at could decide based on the locality for vulnerable groups the PAP’s choice, cash compensation can be conditions. provided for the lost area at 100% of land - Affected households to be notified at replacement cost. The PAP will be provided least ninety days before land recovery with the additional rehabilitation measures to by the Project. restore the lost income sources. - The owner of land will hand over the land within 20 days from the date District Compensation Board/ has paid 1The sub-categories of productive land such as agricultural, forestry, garden, aquaculture and pond will be compensated at different rates. These will be specified and detailed in the Resettlement Action Plans to ensure the compensation is reflective of current rates and takes into account geographic variation. Land on which businesses are located will be compensated as detailed in the section on relocation of business. 38 Type of Loss/ Impacts Application Entitlements Implementation Arrangements compensation and other allowances in full. - For poor, vulnerable and severely affected farmers, including landless, allocation of arable land equal to per capita arable land in commune, or if there no land available for allocation or, on the PAPs request through informed choice, training/ rehabilitation programs will be provided to at least restore, if not improve, their income and living standards. Land Users with temporary Cash compensation at the amount or leased rights to use land. corresponding to the remaining investment on the land. Land Users who do not PAPs will receive assistance corresponding to have formal or customary 80% of land replacement cost. Agricultural rights to the affected land land used before July 1, 2004 will be compensated at 100% as per Article 77.2 of the land law. In addition to above, rehabilitation/training assistance will be provided. 39 Type of Loss/ Impacts Application Entitlements Implementation Arrangements In case the PAP uses public land where there was previous agreement to return the land to the Government when so requested, they will not be compensated for the acquired public land but will be compensated for structures, crops, trees and other assets on the land at 100% of the replacement cost. 2. Residential land 2.1. Marginal loss (i.e., land Compensation for loss of land in cash at (i) - Affected household to be notified at is still viable for use and not replacement cost to the legal and legalizable least 180 days before land recovery by requiring relocation). land users; (ii) An financial assistance of an the Project. agreed amount to the land users not having - The owner of land will hand over the recognizable land use right. land within 20 days from the date If PAPs have to rebuild their houses, they will District Compensation Board/ has paid receive a house rental allowance for 3 months in compensation in full. recognition of the time needed to rebuild their houses. 2.2. Relocated PAPs (i) Legal or legalizable land users: - Affected household to be notified at A land plot in a resettlement site or apartment least 180 days before land recovery by will be provided to the PAP, in consultation the Project. with them. They will have full land title or - The process of compensation for a apartment ownership title without any cost to plot/apartment for legal and them. legalizable PAPs at the resettlement 40 Type of Loss/ Impacts Application Entitlements Implementation Arrangements Or, on request of the PAPs through informed site will be as follows: choice, cash compensation at full replacement - If the selling cost of minimum cost plus the amount equivalent to the value of plot(s)/apartment at the new site is the infrastructure investments calculated more than the value of the affected averagely for each household in a resettlement residential land, PAPs receive new site. In this case, they will be expected to plot/apartment at no additional cost. relocate themselves. - If the plot(s)/apartment at the new If the compensation amounts is less than the site is equal the value of affected cost of a minimum land plot/apartment in the residential land, PAPs receive new project’s resettlement site, PAPs will be plot/apartment at the new site without provided additional supported to enable them to any balance. acquire the land plot/apartment (or cash assistance will be provided equivalent to this - If the plot(s)/apartment at the new difference for self-relocated PAPs). site is less than the value of affected residential land, PAPs will receive (ii) PAPs who do not have formal, or plot/apartment and the difference in customary rights to the affected land: cash. An identified financial assistance of agreed The planning and detailed design for amount will be provided. If the PAP has no the relocation sites will be done by place to move, an apartment in the resettlement consultant of DCB in consultation site will be provided and the PAP can either with stakeholders and then approved pay in installment to buy or rent it for living. by the PPC. In case the relocated PAP belongs to poor or Detailed regulation on plot/apartment vulnerable groups or HHs, the project will allocation will be developed by DCB provide assistance to ensure that the PAP is 41 Type of Loss/ Impacts Application Entitlements Implementation Arrangements able to relocate and re-establish themselves to a through consultation with commune new site. and PAPs, followed by approval of PPC. For relocating households, assistance is in form of land-for-land of similar characteristics with title at no cost. The replacement land is no less than 40m2, or compensation in cash with equal value if PAPs for self-relocation. Area and number of land plot/apartment in resettlement sites will be decided in consultation with PAPs. For poor or vulnerable PAPs who have no other residential land in the same as their affected commune, the project will provide an apartment and the PAPs can either pay in installment to buy or rent it for living. 3. Houses 3.1. Partial impact: - If house/structure is partially affected and the The calculation of rates will be based Unaffected portion of the remaining structure is viable for continued use, on the actual affected area and not the house is still viable for use the project will provide a house/structure repair useable area. and could be remained from cost, in addition to the compensation for the technical viewpoints, affected portion at replacement cost, to enable 42 Type of Loss/ Impacts Application Entitlements Implementation Arrangements therefore, require no PAPs to restore it to former or better relocation. conditions. - Compensation for other structures/fixed assets will be at full replacement cost and will be in cash. 3.2. Full impact (i.e., house - Compensation in cash for entire affected The calculation of rates will be based is partially acquired by the structures will be provided at 100% of the full on the actual affected area and not the project but no longer viable replacement cost for materials and labor, useable area. for continued use or the entire regardless of whether or not they have title to structure is acquired). the affected land or permit to build the affected structure. The amount will be sufficient to rebuild a structure the same as the former one at current market prices. No deductions will be made for depreciation or salvageable materials. - Compensation for other structures/fixed assets will be at full replacement cost and will be in cash. Tenants of state or organization’s houses will be: (i) entitled to rent or buy a new apartment of the area at least equal to their affected ones; or (ii) provided an assistance equal 60% of replacement cost of the affected land and houses. Any investments such as structures, trees, crops etc. made on the land by the PAPs will be compensated at their full replacement cost. 43 Type of Loss/ Impacts Application Entitlements Implementation Arrangements The tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving their assets. They will also be assisted in identifying alternative accommodation. 4. Crops and trees, Owners regardless of tenure For annual and perennial standing crops or PAPs will be given notice several aquaculture products status trees, aquaculture products regardless of the months in advance regarding legal status of the land, compensation in cash evacuation. Crops grown after will be paid to the affected persons, who issuance of the deadline will not be cultivate the land, at full replacement cost in compensated. local markets to ensure the compensation is sufficient to replace the lost standing crops, trees or aquaculture products. 5. Public structures Loss of, or damage to assets Either in (i) cash compensation to cover the For public structures, the displacement cost of restoring the facilities or (ii) in kind will be carried out by the owners prior compensation based on the negotiation between to the start of works. District Compensation Board and owners of assets. 6. Communal-owned Loss of, or damage to assets Either (i) cash compensation to cover the cost For the communal owned assets assets, collective assets of village, ward, commune, of restoring the facilities or (ii) in kind directly affecting lives and production district, provincial compensation based on the negotiation between activities of the community, government unit. DCB and owners of assets. restoration must be done prior to the 44 Type of Loss/ Impacts Application Entitlements Implementation Arrangements start of works. 7. Graves Have to move the graves or - All costs of excavation, relocation and tombs reburial will be reimbursed in cash to the affected family. - Graves to be exhumed and relocated in culturally sensitive and appropriate ways. 8. Loss of Income/ Impacts due to permanent - Allowance for Loss of Livelihood: Affected Livelihood due to loss of loss of 20% or more of their person will be compensated with 30kg of productive land total productive land or where rice/person/month, including: <20% land affected but the (a) : Affected households losing 20% to 70% of remaining land is rendered their agricultural land will be assisted for 6 unviable. months if the remaining land is viable for (Legal, legalizable land users continued use, and for 12 months in case the and PAPs with lease remaining land is rendered unviable and entire agreement over the affected land is acquired by the project. In some special land) cases, in extremely difficult areas, the assistance may be given up to a maximum of 24 months; (b) Affected households losing more than 70% of their agricultural land acquired will be assisted for 12 months if the remaining land is 45 Type of Loss/ Impacts Application Entitlements Implementation Arrangements viable for continued use, and for 24 months in case the remaining land is rendered unviable and entire land is acquired by the project. In some special cases, in extremely difficult areas, the assistance may extend to a maximum of 36 months; In addition, these PAPs will be targeted for livelihood restoration program; (c) households affected by loss of <20% of land and the remaining land is rendered unviable for continued use, the PAPs will be provided assistance for 12 months; Assistance for agricultural, garden and pond land in the residential area adjacent to residential land, but not recognized as residential land: Additional assistance (40% of the cost of compensation for the adjacent residential plot) for garden land and pond land; and (at 50% of the cost of compensation for the adjacent residential plot) for agricultural land. In case of land-for-land compensation, PAP will be assisted with seedlings, agricultural- forestry extension programs, husbandry etc. Vocational conversion assistance: Every PAP affected by loss of productive land, irrespective 46 Type of Loss/ Impacts Application Entitlements Implementation Arrangements of the degree of impact, will be provided with additional assistance equivalent to at most 5 times the agricultural land price established by PPC. Support for vocational training and job creation: At least one member of households affected by loss of productive land will be entitled to vocational training and assistance in getting employment in the province. The PAPs participating in such training programs will be exempted from payment of tuition fees course will be paid directly to the vocational training centers. After finishing training courses, they will be given priority to be recruited in local manufacturing industries. 9. Loss of Income/ Marginal impacts Livelihood due to relocation of business 47 Type of Loss/ Impacts Application Entitlements Implementation Arrangements Owner of the affected For PAPs losing income and/or business and employees business/productive assets as a result of land acquisition, the mechanism for compensating will be: (i) Allowance for Business Loss: All affected businesses and production households whose income is affected will be compensated or supported for losses in business equivalent to 50% of their actual annual income: (a) For licensed businesses the compensation will be based on their average yearly income declared with the taxation agency over the previous three years, and (b) For unregistered affected businesses but have made their tax obligations the compensation will be supported by 50% of the specified (ii) Employees who are affected by acquisition of residential/commercial land acquisition, public land or land of enterprises: Allowance equivalent to the minimum salary as per the provincial regulations to affected employees during the transition period for a maximum of 6 months, and will be assisted in finding alternative employment. 48 Type of Loss/ Impacts Application Entitlements Implementation Arrangements Relocating shop owners If the business has to be relocated, the project PAPs will be given priority for regardless of tenure status. will provide alternative site with local business relocation at conveniently advantage and physical attributes similar to the located in order to maximize their land lost with easy access to customers base, benefit from business opportunities. At satisfactory to the PAP, OR compensation in the time of compensation, allowances cash for the affected land and attached will be adjusted to account for structures at replacement cost, plus inflation. transportation allowance for movable attached assets. 10. Allowances Loss of land and non-land Specific assistance to vulnerable groups would - Allowance for households as per /Assistance Targeted to assets be as follows: Government regulation (social policy Vulnerable Households Affected vulnerable groups - For landless households, assistance through households, heroic mothers, wounded, regardless of severity of provision of an apartment that PAP can either dead soldiers). If the household eligible to more than one additional impacts. The vulnerable pay in installment to buy or rent it for living. support allowance for the vulnerable groups were defined as in -Social Policy: (i) Relocated Households that people, only one package with the Terms of Terminology include heroic mothers, heroic armed force, highest value will be applied heroic labor, war veterans, wounded or dead soldiers families will be provided with support as regulated by the PPCs; (ii) Poor Relocated Households or Poor Households where 20% or more of their productive land is affected or where <20% land is affected but the remaining land is rendered unviable and to be certified by 49 Type of Loss/ Impacts Application Entitlements Implementation Arrangements local authority). - Other vulnerable groups affected by the Project, whether they have to relocate or not, (female headed households with dependents, households with disabled persons, elderly without any source of support, ethnic minority households) will get the same support given to poor households in accordance with the provincial policy. - These households are entitled to take part in Income Restoration Program 11. Other Allowances/ Loss of land and non-land Incentive Bonus: All PAPs who vacate the Assistances assets affected land immediately after receiving compensation and allowances will be given an incentive allowance in accordance with the provincial policy. Repair Allowance: If house/structure is partially affected and the remaining structure is viable for continued use, the project will provide a repair allowance equivalent of 20% of compensation for the affected part of the structure to enable PAPs to restore it to former or better conditions. 50 Type of Loss/ Impacts Application Entitlements Implementation Arrangements The relocating households with children who are going to schools will be supported with 1- year tuition as regulated by the Ministry of Education Based on the actual situation of the locality, the PPC Chairman issues other allowances to ensure accommodation and livelihood restoration for PAPs. 12. Temporary impacts Temporary loss of land Compensation for all damaged or lost assets, If the quality of land is radically including trees, crops at full replacement cost changed when returned to PAPs, and assets. Rental in cash for the land acquired at a rate requiring PAPs to change in the types which will be no less than the net income that of land use; then PAPs should be would have been derived from the affected compensated for all envisaged cost of losses. property during disruption; Restoration of the land within 3 months after use: The contractor is expected to return the land in its original condition within 3 months of the termination of the civil works. Households whose income Compensation for all lost will be at People to be assisted must be specified generation activities, or replacement costs. and consulted fully. livelihoods are affected as a Priority of participation in agricultural result of construction extension, and other assistance of local. 51 Type of Loss/ Impacts Application Entitlements Implementation Arrangements (temporary impact) 13. Any other impacts Individuals, organizations Entitlements to compensation and other In case of impacts on livelihoods of that may be identified in the project area assistance would be provided in accordance PAPs, the contractors, construction during implementation with the compensation policy. units have to agree with the Secondary impacts on production and business households on payment for disruption or PAPs isolated from access to resources of business. temporarily have to be compensated and supported in accordance with RAP. 52 5. RESETTLEMENT AND INCOME RESTORATION PROGRAM 5.1. Objectives Income restoration program mean programs to assist them to improve or at least maintain their pre-project living standards, income earning capacity, and production levels. The overall objective of the project policy is to ensure that all people affected by the sub- project are able to maintain and, preferably, improve their pre-sub-project living standards and income-earning capacity through compensation and allowance for the loss of physical and non-physical assets. 5.2. Principles According to the compensation and resettlement policy frame for the subproject and Decisions of compensation, assistant and resettlement when Government of Vietnam acquires land in the territory of Tra Vinh and Vinh Long province. Income restoration measures for AHs losing 20% or more of productive land/income generation (10% for vulnerable group) will be provided with income restoration measures. The suitable income restoration programs will be designed and implemented with the consultation of AHs during subproject implementation. As per project policy the HH affected by loss of productive land, irrespective of the degree of impact, will also be provided with vocational conversion assistance: equivalent to 1.5 time the agricultural land price per m2 established by PPC 5.3. Proposed income restoration program Funding sources Funds for implementation of compensation and resettlement include funds for paying compensation and resettlement, developing resettlement sites (if needed), restoring livelihoods and incomes, and managing and implementing resettlement. These funds will be covered by the counterpart fund from the Government and provinces. Restoration programs According to the survey and public consultation, all households affected by loss of agricultural and residential land, would like to be supported by vocational training to increase productivity on their remaining land and create jobs for children of working-ages. The resettled households with children who are studying in schools will be supported with 1- year tuition as regulated by the Ministry of Education. 53 For the AHs severely affected households who lost 20% or more of productive land area, income or other productive assets (10% for vulnerable group), they will receive supporting amount for income restoration as follow:  At least one member of each affected household who is in the labor age (Male: 18 – 60 year old, Female: 18 – 55 year old) will be entitled to vocational training on their existing occupation such as agriculture, fishery or relevant occupation. The PAPs participating in such training programs will be exempted from payment of tuition fees. After finishing training courses, they will be given priorities to be recruited in local manufacturing industries. Besides, the AHs who are compensated by agricultural land will be assisted stable production, including: Assistance for plant varieties and animal breeds for agricultural production, agriculture and forestry services, plant protection services, veterinary medicine, cultivation techniques, breeding techniques and professional techniques for production and business. 5.4. Arrangement of resettlement For physically displaced households, the following relocation options are proposed: (a) Self- relocation to another land owned by the household, (b) Self-relocation to another land that household find out, (c) Relocation to a resettlement area of the project, or (d) Relocation to a resettlement area of the commune. Following meetings and group discussions with local authorities on relocation and resettlement requirements, among the 12 displaced households, 10 households opted for self-relocation to another land that they will find themselves, 2 households selected self-relocation to another land they already own. The displaced households will receive compensation and support as specified in the Entitlement Matrix. 5.5. Vulnerable groups, gender, and ethnic minorities The Project realizes that there are certain social groups that have fewer possibilities to restore their living conditions, livelihoods, and income levels and the Project has integrated these issues in project preparation and implementation activities through application of APs- participated planning and decision making. Women in villages contribute to economic development of the family and community livelihood. They will be empowered to become active members in community activities as well as in supporting project implementation and monitoring. During the implementation process, the Project will pay special attention to the women and female-headed HHs as the project beneficiaries. Women will participate equally in the whole process of project implementation to enhance the project sustainability. Active participation of women and the vulnerable group will ensure that design of restoration measures suitable to their specific needs or concerns,. 6. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION 6.1. Information disclosure 54 Disseminating information to people affected by the project and the involved agencies is an important part in the work of project preparation and implementation. The consultation with affected persons and the active participation of APs will reduce the potential conflict and risk of slowing the project. This allows the project to design a resettlement and rehabilitation program as a general development program, in accordance with the needs and priorities of affected people and therefore, maximizes economic and social efficiency of investment. As per Bank’s requirement, the RAP will be disclosed in Vietnamese at local level, particularly at the office of SPMU, DPCs, CPCs and at the Central Project Office in Hanoi before and after it is approved by the Government of Vietnam. The English version of this RAP will be also disclosed at the World Bank Info Shop in Washington D.C. prior to project appraisal. 6.2. Community consultation Consultation during RAP preparation During RAP preparation, all of 13 affected households in 4 communes participated in the consultation meetings on the contents of: (i) Information to local authorities and the PAPs of the sub-project in a democratic manner, completely and freedom. (ii) Notification about the RAP implementation to local authorities at district/city and commune/ward/town level. Besides, they also provide their information, including: - The impacts on the people’s life in the sub-project area, the advantages and difficulties of resettlement, their idea of compensation and resettlement. - The impacts on the people’s life in the local area, infrastructure, the advantages and difficulties of resettlement. - Comments on the compensation and proposed RAP After the draft RAP is completed, the second public consultation will be implemented in affected area. The purpose of the consultation meeting on resettlement action plan is to provide information and consultation with the PAPs and other organizations and individuals concerned about: (i) the results of estimated losses projected in the unit cost of compensation and benefits, (ii) the procedures for paying compensation and resettlement activities. - Collect adequate and exact comments of local affected persons, which can create opportunity for affected persons participate fully in resettlement plan preparation to ensure the democracy in development. Consultation during RAP implementation Before starting the updated RAP in accordance with the detailed design, the SPMUs, District Resettlement Committees, DPCs, CPCs will hold public meetings in each affected commune to provide additional information for people affected and provide opportunities for them to participate in public discussions on policy and procedures for resettlement. Send an invitation to all those affected before the meeting at the same place. The purpose of this meeting is to clarify the information has to date of the meeting and provide opportunities for affected 55 people to discuss concerns and clarify information. Along with written notice to the affected people, to use measures other information to information for people affected and the general public, such as posters in the visible region at headquarters of Commune/District People's Committee, where affected people are living, alerts stations, local newspapers. Both men and women of the affected households as well as members of the community who are interested are encouraged to participate. During the meeting will explain the project, and the rights and entitlements of households, and the meeting will be an opportunity to raise questions relating. Similar meetings will be held periodically throughout the project cycle. The organization of opinion must be recorded in writing, certified by the commune People's Committee, Representative Committee of the Vietnam Fatherland Front and communal representatives who was acquired land. 6.3. Project leaflets Leaflets provide information about the project will be developed and provided to people affected by the project during the project preparation phase and implementation phase to ensure that people grasp and aware of the benefits of the project. Leaflets of project provides compensation policies, supporting details presented in the Resettlement Policy Framework aims to develop measures to mitigate the social impact, the sub-project land acquisition and clearance. 7. IMPLEMENTATION ARRANGEMENTS The implementation of resettlement activities requires the involvement of agencies and organizations at the national, provincial, district and commune level. Each provincial people's committee will take general responsible for the implementation of the general policy framework and specific resettlement plan of the sub-project of that province. Compensation, Assistance and Resettlement Committees shall be established at district/province level according to the provisions of Decree 47/2014/CP. The provisions and policies of the RPF and the RAPs will form the legal basis for the implementation of compensation and resettlement activities in the MD-ICRSL Project. 7.1. At Central level The Ministry of Agriculture and Rural Development (MARD), on behalf of the Government, is the project owner, has overall responsibility for the whole project. The provincial governmental authorities of the project provinces are the Employers of the sub-projects, has responsibility for investment decisions under sub-projects managed by the Ministry and the provinces. A Project Steering Committee (PSC) will be established, including representatives of the MARD, relevant Ministries and sectors, the provincial governmental authorities of the project provinces, to be responsible for frequent monitoring and managing the Project during its implementation process. The Central Project Office (CPO) in the MARD will take the overall responsibility to supervise and monitor the resettlement activities in order to assure the compliance with RPF. - Cooperate with PPCs to conduct compensation and resettlement to assure compliance with RPF and suit with construction progress; 56 - Organize training and building capacity for project implementing agencies (SPMU and Resettlement Committee) on implementation procedure of RPF and RAP; - Cooperate with SPMU to monitor internally compensation and resettlement of overall project; - Select and coordinate the independent monitoring consultants for overall project; - Report periodically on resettlement to MARD and WB. 7.2. At Provincial level: Provincial People’s Committees of Tra Vinh and Vinh Long PPCs take the overall responsibility for compensation, site clearance, and resettlement within the province. The PPCs are responsible for: - Inform or authorize DPCs to announce about land acquisition when the sub-project location is selected; - Issue decision on land acquisition to land-owners; - Approve RAPs of their respective sub-projects; - Approve overall plan on land acquisition; - Instruct DPCs to implement compensation, resettlement, and site clearance; - Provide adequate funds for compensation in a timely manner; - In special cases, the provincial authority’s approval is needed for compensation plans, the provincial authority establishes an appraisal council at provincial level to appraise the compensation plans submitted by the DRCs so that advice will be provided for the provincial authority to approve such plans in accordance with the Government’s regulations on compensation, assistance and resettlement, and the WB’s involuntary resettlement policy (OP4.12) applied to the project; Subproject owner/ SPMU shall be responsible for managing compensation and site clearance of their respective subprojects, including: - Update RAP; - Submit sub-project RAPs to the PPCs before making compensation payment; - Co-operate closely with Departments, agencies, sectors, and the project DPCs in implementing resettlement and site clearance to ensure that the implementation of compensation and resettlement is in line with the construction schedules; - Monitor internally implementation of compensation and resettlement of the sub-projects, preparing quarterly reports on implementation progress of compensation and resettlement of the sub-projects to CPO. 7.3. At District level District People’s Committees (DPCs) are responsible for: 57 - Approving compensation plans prepared by DRCs and submitting the PPC for endorsement; - Issuing decisions on land acquisition from individuals and households; - Settling complaints and grievances of the APs within jurisdiction. District Resettlement Committees (DRCs) shall take responsibility for implementation of compensation and site clearance for works located in their respective districts, including: - Preparing compensation plans to submit to DPCs for approval; - Implementing the approved plan on compensation and site clearance. 7.4. Commune level Commune People’s Committees (CPCs) are responsible for: - Disseminating and mobilizing people to implement RPF; - Planning land use and protecting public safety corridors; - Providing cadastral maps for Resettlement Committees, determining the origin of land use and mobilizing their staffs to be members of DMS teams; - Co-operating with DRCs in delivering information and organizing community consultation; - Settling APs’ queries relating to inventory of their assets; - Facilitating and assisting APs in restoring their livelihoods, incomes, and stabilizing their lives. 7.5. Implementation procedure The implementation procedure complies with Decree No. 47/2014/ND-CP dated 15/5/2014, Circular No. 14/2009/TT-BTNMT dated 01/10/2009 of MoNRE. Decree No.17/2013/NQ-HDND dated November 06, 2013 of Tra Vinh in issuing unit price of lands locating in Tra Vinh province, 2014 Decision No. 06/2013/QD – UBND dated January 28th, 2013 of Tra Vinh province in issuing unit price of fruit trees, vegetables to identified the value for damage compensation during ground clearance in Tra Vinh province. Decision No. 28/2009//QD – UBND dated November 25th, 2009 of Vinh Long province in relation to the issuance of unit price for damage compensation, support plan in Tra Vinh province. Decision No. 11/2013/QD-UBND dated November 19th, 2013 of Vinh Long province in regulation the price of lands locating in Vinh Long, 2014. Decision No. 06/2013/QD – UBND dated August13th, 2013 of Vinh Long province in stipulating price of new house, work and architecture locating in Vinh Long province 58 Decision No. 18/2014/QD – UBND dated September 30th, 2014 in relation to the issuance of regulations on compensation, support and resettlement locating in Vinh Long province With the above legal base and the organizational structure, coordination of stakeholders, the basic operation of the compensation and resettlement is conducted according to the following steps: Step 1: Location introduction and land acquisition notice The identification and land acquisition notice is based on the written evaluation letters of land use needs of the Department of Natural Resources and Environment submitted to Tra Vinh and Vinh Long PPC for approving and issuing land acquisition notices (including reasons of land acquisition, area and location of land recovery on the basis of the existing cadastral or detailed approved construction planning; to assign the district’s people committees for land acquisition notification to the public, to guide compensation, assistance and resettlement in the district level to perform inventory tasks, establish compensation plans). District’s People Committees are responsible for directing the widespread policy of land confiscation, the regulations on land acquisition, compensation, resettlement assistance when recover of used land for national defense purposes, security, national interests, public interests and economic development. Commune’s People's Committee responsible to post up a public notice about land acquisition policies in the commune’s People's Committee headquarters and in the points of living and residential areas where land is recovered, widely reported on radio system level (in places having radio system). Step 2: Prepare cadastral files for land acquisition area Based on documents on land acquisition of the Provincial People's Committee, Department of Natural Resources and Environment shall direct the registration office for land use rights in same level to make the preparation of cadastral files. Revision of the cadastral map to suit the current situation and make extracts of the cadastral map for places which have formal cadastral maps or conduct cadastral measurements for places with no formal cadastral maps; Complete and make extract from cadastral (land register) to send to the DRC; Make a list of parcels of land to be recovered with the following contents: number of maps, land parcel numbers, names, land use area of the parcel of land has the same purpose, the purpose of land use. Step 3: Planning, evaluating and approving the general plan on compensation, assistance and resettlement The Investor guides the consultant unit to create overall compensation and resettlement assistance plans (hereinafter called the general plan) based on survey data, field surveys, existing document issued by the Natural Resources and Environment, which had been assessed and approved along with approved investment projects. Comprehensive plan shall contain the following: a. The basis for the plan creation; b. General data on the types of land area and grade land for agriculture, the number of maps, parcel number, estimated value of existing assets on the land; 59 c. General data on the number of households, number of household members, number of employees in the area of land recovery, clearly stating the number of employees in switched careers, resettlement of households; d. Expected level of compensation, support and expected location, land area or areas of resettlement housing and resettlement, the resettlement mode; e. Plan measures to help jobs creation and training plan of job conversion; f. List of works and scope of the work of the State, organizations, religious institutions, residential communities expected to move to relocation sites; g. The number of graves to be removed and proposed sites for relocation; h. Cost estimate to implement the plan; i. Funding sources to implement the plan; j. Progress of implementation plans Step 4: Making the clearance landmarks. After projects are approved by competent authorities, the project owner base on the basic design to conduct the clearance boundary markers, handed over to the organization in charge of compensation management and implementation the next steps of site clearance work. In stage of formulation, approval of technical design (or design of construction drawings) if any adjustment on the scope of site clearance, project investors coordinate with organizations in charge of compensation promptly, accurately and immediately notify the local authority the content adjusted. Step 5: Prepare The Compensation, Assistance And Resettlement Plan. 1. Field inspection and enumeration. Based on the land acquisition policy and the site clearance landmarks of the project, the Organization in charge of compensation prepares the detailed enumeration report for each land acquisition case (called the compensation quantity enumerating report, for short). The report has to present specific contents, including names, places of permanent address registration, places of temporary address registration, current addresses of acquired land owners, the number of household members, the number of laborers and social policy beneficiaries (if any); the area and the location of the acquired land lot; the quantity of crop plants and domestic animals; the shape, the dimension, the quantity, the structure and basic features of assets currently on that land; emerging and underground works associated to the acquired land. 2. Identification of the origin of each acquired land lot. The organization in charge of compensation co-operates with the Land Use Rights Registration Office and Ward People’s Committees to identify th e origin of each acquired land lot and the legal owner of the land lot based on documents related to the land use, cadastral documents, cadastral maps, inventory documents, cadastral books, statistics registration books, monitoring books of land use right certificates granting and tax registers of the acquired land. 3. Preparation of the compensation and assistance plan. Pursuant to the compensation quantity enumerating report, the origin of each acquired land lot, unit prices and compensation policies as stipulated, the Organization in charge of compensation implements the preparation of the compensation and assistance plan with following contents: 60 - Name and address of the owner of the acquired land; - Area, type, location and origin of the acquired land; - Calculation bases for the money amount of compensation and assistance such as the compensated land price, the house price, the compensated works, the number of household members, the number of laborers in the working age, and the number of social benefits beneficiaries; - Amount of compensation and assistance money; - Resettlement arrangement; - Relocation of governmental works, religious organizations and communities; - Grave’s displacement. 4. Collection of comments on the compensation, assistance and resettlement plan: - The compensation, assistance and resettlement plan is openly posted at ward PC headquarters and at residential activities places where land is acquired so that the land users and relevant people can give comments; - The posting must be made in written form confirmed by representatives of ward PCs, Ward Committees of Fatherland Front and acquired land owners; - The period of posting and receiving comments lasts at least twenty (20) days as from the date of posting. 5. Finalization of the compensation, assistance and resettlement plan: - At the end of the plan posting and comments receiving period, the Organization in charge of compensation and site clearance will be responsible for written synthesis of comments, including a clear statement of agreement, disagreement and other opinions towards the compensation, assistance and resettlement plan. This Organization is also responsible for finalizing the plan and sending the finalized plan and the collection of contributed comments to the Natural Resources and Environment agency for appraisal. - In case there are a lot of disagreement opinions towards the compensation, assistance and resettlement plan, the Organization in charge of compensation and site clearance will need to clarify or review and adjust the plan before it is sent to the Natural Resources and Environment agency for appraisal. Step 6: Evaluation and approval of the compensation and supporting plan - Division of Natural Resources and Environment shall assume the prime responsibility and coordinate with related departments at district level for evaluation of compensation, assistance plan, in accordance with regulation; submission to DPC for approval of the compensation, supporting plan by regulations. Step 7: Decision on land acquisition and redress grievances against decision on land acquisition - Based on report of land acquisition, compensation, support and resettlement plan prepared and approved by competent agencies, the extracts or the cadastral measurements of land plots. District People's Committee make decisions of land acquisition for affected households, individuals and communities. - During the implementation of land acquisition, if there is any question or complaint from citizens, the CPC will gather comments and complaints and send to the competent authorities’ to consider. 61 While a decision of grievance redress is pending, decisions on land recovery must be continued. Where State agencies have jurisdiction over complaints concluded the land acquisition is contrary to law, must stop land acquisition, state agencies have issued decision to withdraw the land must make new decision on cancelling the decision issued on land acquisition and must compensate damages from recovery decisions (if any). Where State agencies have jurisdiction over complaints concludes the land acquisition is lawful, the person whose land is recovered to abide by the decision of land recovery. Step 8: Compensation, assistance and resettlement plan approval and disclosure. - District People's Committees approve the compensation, assistance and resettlement plan according to regulations. - Within a period not exceeding three (03) days from the date of receipt of the approved compensation, assistance and resettlement plan, DRC coordinate with CPC disseminate publicly approval of the compensation, assistance and resettlement plan in CPC headquarters and at communal activities places in residential areas where land is recovered; send the decision on compensation, assistance and resettlement to people whose land is recovered, which clearly states the level of compensation, assistance, on land allocation and resettlement (if any), time and place of payment of compensation, assistance time and hand over the land recovered to DRC. Step 9: Payment of compensation and resettlement assistance DRC will make payments after the approving decision of compensation, assistance and resettlement plan. Step 10: Hand over and enforcement of land acquisition - Within twenty (20) days from the date of organization in charge of compensation and site clearance complete payment for compensation and support for land acquisition under the approved plan, the person whose land is recovered, is responsible to hand over land to the organization in charge of compensation and site clearance. 7.6. Updating RAP DMS is not done at the moment. When DMS is implemented, it will provide data to update RAP. In project implementation, RAP will be updated after detailed technical design submitted to the WB for review and clearance before awarding of civil work contract. Resettlement Action Plan should be disclosed after submission to the WB for review and determine whether it conforms to the requirements of OP 4.12. While the RAP is satisfactory to the WB requirement, this report will be approved by local authority, and will be disclosed publicly. 7.7. Implementation plan The implementation schedule for resettlement activities for the sub-project is presented in the following table including (i) Community consultation activities, (ii) activities that have been completed for RAP preparation; and (iii) independent monitoring activities. Table 20. Implementation plan Responsible party Implementation Activity plan RAP preparation 62 Responsible party Implementation Activity plan Disclosure of social safeguards documents at WB 15 February Infoshop 2016 Disclosure of RAP at office of SPMU, DPC Subproject Project Management Unit 15 February and CPCs in Tra Vinh and Vinh Long (SPMU) 2016 provinces CPO 15 February Disclosure of RAP of subproject at CPO 2016 Approval of safeguard policy documents of WB and the GOV Quarter 2/2016 project and RAP of sub-project Training on safeguard policy frameworks for CPO and resettlement Quarter 4/2016 the project officers and the DRCs . consultants Recruiting the independent monitoring CPO Quarter 4/2016 agency RAP updating CPO and resettlement Quarter 1/2017 consultants RAP implementation Disseminating project information to AHs DRC and CPCs Quarter 1/2017 Inventorying affected assets and preparing DRC and CPCs Quarter 2/2017 compensation plans Subproject owner, DRC, Paying compensation and clearing sites Quarter 2/2017 and CPCs Monitoring resettlement internally every Subproject owner Quarter 2/2017 month and preparing quarterly reports Monitoring resettlement externally every six Independent monitoring Quarter 2/2017 months and preparing monitoring reports agency 8. GRIEVANCE REDRESS MECHANISM In order to ensure that all APs’ grievances and complaints on any aspect of land acquisition, compensation and resettlement are addressed in a timely and satisfactory manner, and that all possible avenues are available to APs to air their grievances, a well-defined grievance redress mechanism needs to be established. APs are not required to pay any fee during any of the procedures associated with seeking grievance redress including if resolution requires legal action to be undertaken in a court of law. The mechanism of complaint and complaint and grievances resolution steps are as below: First Stage - At Commune People’s Committee An aggrieved APs may bring his/her complaint to the One Door Department of the Commune/Ward People’s Committee, in writing or verbally. The member of CPC/WPC at the One Door Department will be responsible to notify the CPC/WPC leaders about the complaint for solving. The Chairman of the CPC/WPC will meet personally with the aggrieved APs and will have 30 days following the receiving date of the complaint to resolve it. The CPC/WPC 63 secretariat is responsible for documenting and keeping file of all complaints handled by the CPC/WPC. Second Stage - At District People’s Committee (DPC) If after 30 days the aggrieved affected household does not hear from the CPC, 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. Third Stage - At Province People’s Committee (PPC) If after 30 days the aggrieved PAP does not hear from the DPC, or if the PAP is not satisfied with the decision taken on his/her complaint, the PAP may bring the case, either in writing or verbally, to any member of the PPC or lodge an administrative case to the District People’s Court for solution. The PPC has 45 days within which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles. Affected households can also bring their case to Court if they want. Final Stage - At Court 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. 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 city level. In order to minimize complaints to the provincial level, PMU will cooperate with the District Resettlement Committee to participate in and consult on settling complaints; Personnel: The Environmental and Resettlement staff assigned by SPMU will formulate and maintain a database of the APs’ grievances related to the Project including information such as nature of the grievances, sources and dates of receipt of grievances, names and addresses of the aggrieved PAPs, actions to be taken and current status. In case of verbal claims, the reception board will record these inquiries in the grievance form at the first meeting with affected people. The independent monitoring consultant will be responsible for checking the procedures for and resolutions of grievances and complaints. The independent monitoring Consultant may recommend further measures to be taken to redress unresolved grievances. During monitoring the grievance redress procedures and reviewing the decisions, the independent monitoring 64 agency should closely cooperate with the Vietnam Fatherland Front as well as its members responsible for supervising law enforcement related to appeals in the area; The grievance resolution process for the Project, including the names and contact details of Grievance Focal Points and the Grievance Facilitation Unit (GFU), will be disseminated through information brochures and posted in the offices of the People’s Committees at the communes and districts and PMU. At the same time, an escrow account for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved. To ensure that the grievance mechanism described above are practical and acceptable by APs, it were consulted with local authorities and communities taking into account of specific cultural attributes as well as traditional-cultural mechanisms for raising and resolving complaints and conflicting issues. The ethnic minority objects and efforts were also identified and determined which are culturally acceptable ways to find the solution. 9. MONITORING AND EVALUATION 9.1. Monitoring Monitoring is a continuous evaluation process of the project implementation which is related to the unified implementation schedule on the use of the project inputs, infrastructures and services. Monitoring provides concerned agencies with continuous reflections on the implementation status. Monitoring determines the reality, successful possibility and arising difficulties as soon as possible to facilitate the due adjustment in the project implementation. Monitoring includes 2 following purposes: (i) Monitor whether the project activities complete efficiently or not, including quantity, quality and time. (ii) Assess whether these activities reach the objectives and purpose of the Project or not, and how much do they reach. The executive agency (the SPMU) as well as the independent monitoring consultants which are contracted with the CPO shall monitor the RAP implementation regularly. 9.2. Internal monitoring Internal monitoring of the RAP implementation of the subproject is the main responsibility of the implementation agency with the assistance of the project consultants. The implementation agency will monitor the progress of RAP preparation and implementation throughout the regular progress reports. The criteria of internal monitoring includes but not limit to: (i) Compensation payment for affected households for the different types of damage pursuant to the compensation policies described in the resettlement plans 65 (ii) Implementation of technical assistance, relocation, allowance payment and relocation assistance. (iii) Implementation of income recovery and entitlement to recovery assistance. (iv) Dissemination of information and consultation procedures. (v) Monitoring of complaint procedures, existing problems that require the manageable attention. (vi) Prioritizing affected persons on the proposed selections. (vii) In coordination to complete RAP activities and award construction contract. The executive agencies will collect information every month from the different resettlement committees. A database tracking the resettlement implementation of the Project will be maintained and updated monthly. (i) The executive agencies will submit internal monitoring reports on the RAP implementation as a part of the quarterly report they are supposed to submit the donor. The reports should contain the following information: (ii) Number of affected persons according to types of effect and project component and the status of compensation, relocation and income recovery for each item. (iii) The distributed costs for the activities or for compensation payment and disbursed cost for each activity. (iv) List of outstanding Complaints (v) Final results on solving complaints and any outstanding issues that demand management agencies at all levels to solve. (vi) Arisen issues in the implementation process. (vii) RAP schedule is actually updated. 9.3. Independent monitoring Objectives. The general objectives of independent monitoring are to periodically supply independent monitoring and assessing results on the implementation of the resettlement objectives, on the changes of living standard and jobs, APs income and social foundation restoration, effectiveness, impacts and sustainability of APs’ entitlements, and on the necessity of mitigation measures (if any) in an attempt to bring about strategic lessons for making policy and planning in the future. Responsible Agencies. In accordance with the WB requirements for consultant employment, the CPO will hire an organization for the independent monitoring and evaluation of RAPs implementation. This organization is called the Independent Monitoring Consultant (IMC) which expertise in social science and has experiences in independent monitoring of RP. The IMC should start their work as soon as the project implementation comments. Monitoring and Evaluation Objectives. The following indicators will be monitored and evaluated by the IMC, including but not limited to: 66 (i) Payment of compensation will be as follows: a) full payment to be made to all affected persons sufficiently before land acquisition; (b) adequacy of payment to replace affected assets (ii) Provision of assistance for APs who have to rebuild their houses on their remaining land, or building their houses in new places as arranged by the project, or on newly assigned plots. (iii) Assistance for recovering livelihood/income sources. (iv) Community consultation and public dissemination of compensation policy: (a) APs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the IMC should attend at least one community consultation meeting to monitor community consultation procedures, problems and issues that arise during the meetings, and propose solutions; (c) public awareness of the compensation policy and entitlements will be assessed among the APs; and (d) assessment of awareness of various options available to APs as provided for in the RAP. (v) Affected persons should be monitored regarding restoration of productive activities. (vi) APs’ satisfaction on various aspects of the RAP will be monitoring and recorded. Operation of the complaint mechanism and speed of complaint settlement will be monitored. Through the implementation, trends on living standard will be observed and surveyed. Any potential issues in the recovering living standard are reported and suitable measures will be proposed to ensure the project objectives. 10. BUDGET AND COST All land acquisition, compensation and resettlement costs of the subproject are taken from the counterpart fund of the Tra Vinh and Vinh Long provinces and loan (if any). The table below summarizes costs for implementation of RAP of the sub-project including compensation for land acquisition, affected houses, structures, architectural objects, plants, assistance and income restoration program. The compensation rates used for costs estimates (identified in Annex 2) are based on PPC rates of Tra Vinh and Vinh Long province in 2015. The total estimate cost of compensation and assistance is 15,331,488,410 VND. It is equivalent to 682,917 USD (with the exchange rate 1 USD = 22,450 VND). Table 21. Cost estimate of compensation and assistance No. Items Amount (VND) Sum (VND) Note Tra Vinh Vinh Long Compensation A and assistance 3,953,938,500 9,657,113,000 13,611,051,500 Land compensation 1,015,000,000 3,665,380,000 4,680,380,000 In table 22 67 Structure compensation 1,114,138,500 1,208,369,000 2,322,507,500 In table 23 Plant compensation 45,600,000 336,144,000 381,744,000 In table 24 Assistance 779,200,000 3,447,220,000 4,226,420,000 In table 25 Income restoration program 1,000,000,000 1,000,000,000 2,000,000,000 Tentative B Other expenses 94,894,524 231,770,712 326,665,236 Management costs 79,078,770 193,142,260 272,221,030 =2% of A =0.4% of Capacity building 15,815,754 38,628,452 54,444,206 A C Sub-total 4,048,833,024 9,888,883,712 13,937,716,736 =A+B D Contingency 404,883,302 988,888,371 1,393,771,674 =10% of C Total 4,453,716,326 10,877,772,083 15,331,488,410 =C+D The cost is calculated at the present time and may vary according to the resettlement plan update. The cost of replacement cost and support of provincial policy may change, so the compensation cost will be updated as the resettlement plan is updated. A replacement cost survey will be conducted during RAP updating following DMS. 68 ANNEX 1. QUESTIONARE FOR SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSSES MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT CENTRAL PROJECT OFFICE QUESTIONARE FOR SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSSES Date of survey : ____ /__ /2015 I. SOCIO-ECONOMIC SURVEY 1. Name of household head: ………………………………...……… 2. Address: Village: .........................Commune:...........................District.............................Province…………… Venerable group: [ ] (Female headed HH=1; Ethnic minority =2; Disable =3; Poor HH=4; Social policy household =5; single elderly HH=6) 69 A. General household information A1. Household Composition (living together OR contribution/ participating in the primary income/expenses of household) ( circling the order of member) No 1.1 1.2 1.3 1.4 1.5 1.6 (Question for people was born 1.10 1.11Primary from1990 to 2008) Health occupation Name Relationship Sex Year of Nation Education Insurance birth level Education situation 1.Farming with al 1 = Yes (Class) 2.Raising livestock 1.7 1.8 1.9 2 = No household 1=Male group 3.Selling goods Year Reasons head 2=Female of of 4.Worker 1=going to leaving leaving 0=household head school>>2.1 school school 5.Goverment 1=Husband/wife employee (Choose maximize 2=Father/mother 6.Private employee 2=Leave 2 school options) 3=Son/daughter 7.Driver >>1.10 Looking 4=Son/daughter In- at the 8.Housewife table law 9.Retirement 5=Grandchild 10.Student 6=Nephew/niece7.Other 11.Hired relationship 12.Others 1 70 2 3 4 5 6 7 8 9 10 11 12 Investigator: 1a. The number of generation : ...................... 1b. The number of member : ....................…… Code for column 1.9: 1= economical difficult , 2=Leaving school to working, 3= Far from house to school/difficult travelling , 4 =unwanted studying, 5= academic failure , 6 = Do not study in high level for male , 7= Do not study in high level for female, 8= Others (detail)................. 71 B. Assets 1. House type classification 1. Permanent housing (more than1 floor/ brick wall, reinforced concrete roof) 2. Semi-permanent (Brick wall, brick/ mental roof ...) 3. Wood housing, leaf roof (Pole, wood/leaf roof ...) 4. Temporary housing (Bamboo houses, cottages, temporary wooden shield ...) 5. No house 6. Others (apartment buildings) :............................................................................ 2. Does household have residential land use right certificate ? 1. Yes 2. No 3. Water use: Which source of water for daily use household use?(choose one option) Water for drinking Water for washing  Safe water with water meter connected □ □  Public water tank □ □  Dug well □ □  River, spring, pond water □ □  Rain water □ □  Buying from other □ □  Other □ □ 4. Sanitation condition? (choose one option) 1. No WC 4. Hole 2. Septic toilet/ Semi-septic toilet 5. WC in the pond, river, spring 3. WC with disintegrative basin 6. Other:………………......... 5. Main sources for lighting?(Choose one option) For living For production  Oil lamp □ □  Gas, oil □ □  Electricity □ □ 72  Generator/hydroelectricity □ □  Other………… □ □ 6. Household amenities and consume Name Yes No Name Yes No 1. Television 8. Car (except farm vehicles) 2. Internet 9. Refrigerator 3. Boat 10. Air condition 4. Motorbike/ electric bicycle 11.Computer, laptop 5. Phone 12. Washing machine 6. Mobile phone 13. Water heater 7. Gas stove 14. Other,.. 73 C- INCOME AND EXPENSES 1. Main income source last 12months Total income No. Income source (VND) From agricultural activity (farm, raising livestock, aquaculture, 1 reforestation) 2 From business running 3 Handicraft 4 Salary 5 Money saving 6 Money supporting for social policy household Total 2. Household expenditure in last year No. Categories Expenses (VND) 1 Daily activities (meal, drinking, electricity, water) 2 Built, renovate house 3 Education 4 Health care 5 Money for wedding, funeral 6 Cost for production activities 7 Other:________________ Total (VND) 74 3. Generally, evaluation the standard of living of HH compare with the others: 1. Good 4. Poor 2. Medium 5. No identify 3. Straitened 4. Have living conditions of HH been changed in last 3 years? 1. Unchanged 2. Better 3. Worse D-ACCESS TO SOCIAL SERVICES 5. Evaluation social services compare with in last 3 years? No. Problems Better Unchanged Worse 1 Health care services 2 Education 3 Water supply 4 Irrigation 5 Infrastructure(bridge, drainage, road) 6 Disease in agriculture production 7 Disaster (flood, drought,...) 8 Agricultural Extension Services 1. Other activities in the last month, No. Activities Often Sometime Rarely Never 1 Reading magazine, book 2 Watching television 75 3 Listening radio 4 Travelling 5 Going to pagoda/church 6 Joining in festival 7 Other ............... Note: Everyday watching TV, listening radio, reading magazine, book are considered often; other activities happen every month to be considered often. From this, giving conclusion for other cases) E- HEALTH 1. Have had problem related to health during last 12 months in your family? 1. Yes 2. NoMoving to question D10 2. If any, which disease? 1. Flu 2. Respiratory illness 3. Malaria 4. Cholera/ Dysentery 5. Hepatitis 6. Poison 7. Accident 8. Other: ………………. 3. Where to cure? (choose many options) 1. Commune station 2. Pharmacy 3. Surgery 4. Oriental Medicine 5. District hospital 6. Herbal/traditional treatment by local medicine 7. Province Hospital 8. Other: ................................................. 9. National Hospital 10. No response 76 11. Health clinic 4. Currently, which factors effect on people’s health? 1. Unsafe foods and vegetables 2. Polluted domestic water 3. Salt intrusion 4. Scare domestic water 5. Polluted environment/noise 6. Epidemics Other: F-PRODUCTION ACTIVITIES 1. Land use status of household Area in Land use project site Right Land category/use Land use Right Other places certificate (m2) certificate (renting land)(m2) 1. Yes 1. Yes 2. Not yet 2. Not yet Residential land Garden land Paddy-field Aquaculture land Forestry land Industry land (salt, ...) 2. Do you have plans for economic activities in next 1 or 2 years?( can choose many options) 1. Maintaining the production activities 2. Widen the production and business model 3. Narrow down the production and business model 4. Stopping the production and business models 77 5. Converting the production and business models 6. No idea 2.b. If having some changes, giving reasons ……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ……………………………………………………………………………………… 3. Do you have plans now of how you will replace the income/food production from the agriculture land and/or business that will be recovered? (choose one OR many options) 1. Continuing the old job 2. Restart business in a new location 3. Find a job 4. No yet decided 5. Other (please, describe):……………………………………………………………..… 4. Obtained loan? 1. Yes with …………………….VND 2. No =>moving question 10 5. If productive land is recovered by irrigation project, do you change in obtained loans? 1. Yes 2. No 6. If any, How to change? 1. Increase 2. Unchanged 3. Reduce 4. No answer 7. Which organizations did you lend money? 8. Form of loans 1. Mortgage 2. Unsecured loan 3.Both of them 9. Purpose of loans ( describe) 1. 1. Agriculture production 8. Investing in small business/services 2. 2. Raising livestock 9. Health care 3. 3. Aquaculture 10. Education 4. 4. Reforestation 11. Buying productive land 5. 5. Handicraft 12. Buying residential land 6. 6. Buying permanent facility 13. Construction 78 7. 7. Daily expenses 14. Other (describe):……… 10. Why have you not lent money for 12 months? (choose 1 option) 1. No demand 2. Need capital, but not known loan source 3. Need capital, not loan source 4. Have demand, but not enough condition (describe) ……………………………………… 5. Other reason(describe)..................................................................... 11. Who can support (financial/spirit)? (choose 3 options) Financial Spirit 1. Parents 1. Parents 2. Sibling 2. Sibling 3. Daughters and sons 3. Daughters and sons 4. Relative 4. Relative 5. Neighbors 5. Neighbors 6. Friends 6. Friends 7. Unions 7. Unions 8. No one 8. No one 9. Other (describe): ………………… 9. Other (describe): ………………… 12. How do you intend to use the money that you will receive for the compensation of your land?(choose many option) 1. Buy new land for agriculture production 8. Save in the bank 2. Buy new residential land 9. Repayment 3. Built house 10. Daily expenses 4. Renovate house 11. Buy other type of asset 5. Invest in small business, services, non agriculture 12. Health care 79 6. Invest in agriculture, reforestation, aquaculture 13. Spend on children’s education 7. Join in vocational training (non agriculture) 14. Distribution for their children and relative 15. Other (describe)... G-PROBLEMS RELATED TO PROJECT 1. Salt intrusion into water for agriculture. 1. Yes, throughout the year 2. Yes, depend on season 3. No salt intrusion move to G3 2. Affected of salt water on: Positive Negative Not effect No idea 1. Change the production season 2. Effect on agriculture production 3. Effect on living condition 4. Effect on people’s health 5. Irrigation fee 6. Other (describe.........................) 3. From 2010, Which hazard did you face ? Yes No  Natural disaster 1□ 2□  Epidemic 1□ 2□  Salt intrusion 1□ 2□  Polluted environment 1□ 2□  Loss land 1□ 2□  Unemployment 1□ 2□  Other: …………………………………… 1□ 2□ 80 4. G3.Have you known about climate change, sea level rise? 1. Yes 2. No 3. No ideaMove to G7 5. Which source have you known about climate change, sea level rise ? 1. Internet 2. Village loudspeaker 3. Community activities 4. Neighbor 5. Television 6. Banner 7. Wife/Husband 8. Friend 9. Magazine 10. Leaflets 11. Relative Other source 6. Do you know that irrigation project will implement? 1. Yes (Describe :...................................................................) 2. No Move question 8 7. If any, which source? (Can choose many option and circling) 1. Disseminated village meetings 2. Disseminated commune meetings 3. Watch TV/Listen radio/Read magazine 4. Village loudspeaker` 5. Officer and union 6. Wife/Husband 7. Relative 8. Friend/neighbor 9. Other (describe):.......................................................... 81 8. Which positive effects have irrigation work brought? Yes No  Prevent salt intrusion, □ □  Active water for irrigation □ □  Restoration the ecological environment □ □  Complete the transport infrastructure in rural area □ □  Convenience for travelling and goods traffic □ □ 9. Which negative effects, have irrigation brought ? Yes No  Difficulty for agriculture production □ □  Local polluted environment □ □  Ecological environment change □ □  Impeding flood drainage □ □  Impeding boat travelling □ □ Thanks for your cooperation! 82 II. INVENTORY OF LOSSES 1. Name of householder: ………………………………...……… 2. Address: Village: ........................Commune:........................... District.............................Province…………… Affected by : 1= Construction “Vung Liem sluice”; 2= Construction “Bong Bot sluice”; 3= Construction “Tan Dinh sluice”; 1. Land use status of Household (affected land is in the area required for the construction area only) Land Level of impact Using category/use Land legal status Type of effect status on each plot 1=With land use Right certificate (LURC) 2=Without LURC 1= Residential but land eligible to LURC 2= Paddy-field Area in and Partially 3= Not eligible to 3= Garden land 1=Owner out of the Affected (1) LURC 1= Permanent 4= Aquaculture of land land project site) area 4= Conflict with 2= Temporary (m2) 2=Rented 5= Forestry land (m2) Fully master plan of land (2) Government 6= Commercial land 5. Lease / Long Term 7= other types of land (owned by Gov) 6. Lease (renting from private individual) In Out Plot1 Plot2 Plot3 Plot4 Plot5 Total 84 2. Houses House type Legal status Level of impact on the building classification Note 1. Villa (pls take 2. Class 1 note if the Floor 1. Have ownership Certificate Floor (Partially 3. Class 2 HH run Area 2. Have no legal ownership area to affected 4. Class 3 business at (m2 ) Certificate be =1; Fully 5. Class 4 hone, 3. Built on agricultural land affected affected 6. Temporary excepting house 4. Rent from the house owner (m2) =2) item 7) 7.Independent shop Note: The number of affected houses could be more than one, record for all affected houses with the above required information 3. Information about the house out of the project affected sites (if any) - Number of house(s):[ ] - Area of house(s) outside of the project area(m2): ……………. m2 4. Other structures on the affected land and living facilities (Other structures outside the houses listed above, living facilities are out and in house) 85 Kind of construction Note Structure work(Under line the kind Unit Quantity of work respectively) 1. Temporary house 1. Kitchen m2 2. Category 4 1. Temporary house 2. Breeding facilities m2 2. Category 4 3. Electric meter 4. Water meter and estimate about the length of connection pipe 5. Telephone 1. Brick 6. Fence 2. Barbed wire or wood M 1. Metal sheet 7. Gate 2. Iron grill m2 2. 8. Toilet 1. Brick, concrete room./Bathroom(separate m2 from house) 2. Bamboos, leaves 9. Soil grave a) In Cemetery Grave b) Stand alone 10. Grave (by brick, cement) Grave 86 1. Drilled 11. Well M 2. Dug 1. Brick/ Concrete 12. Water tank 2. Inox m3 3. Plastic 13. Yard (list only the yard built of m2 cement and brick) 14. Fish pond m3 15. Others (Specify clearly the name of assets and affected rate for compensation calculation) 5. Affected trees, crops (Only inventory number of affected trees, crops) Tree or farm production group Year Unit Quantity Note a)Fruit trees (main trees) Tree 1) 2) 3) 4) 5) b) Timber trees (main trees) Tree 1) 2) 87 Tree or farm production group Year Unit Quantity Note 3) 4) 5) c) Pot plants (main trees) Tree 1) 2) 3) 4) 5) d) Annual crops (main trees) m2 1) Maize 2) Potato 3) Peanut 4) Bean 5) Rice e) Aquaculture m2 C. QUESTIONS FOR CONSULTATION 88 6. Which type of affected? a. affected on agricultural and productive land Move Q7 b. affected on residential land Move Q8 c. Both of them Move Q7 7. If your agricultural or other productive land is affected, what are your preferences for compensation? a) Replacement land (if available in the commune) of same category and equal area and/or productivity b) Cash compensation c) Not yet decided 8. Do you have sufficient remaining residential outside of the project affected site to rebuild your affected house/structures? i. Yes b) No 9. If resettlement, what are your preferences for relocation? a) I want to relocate myself to other land that I own b) I want to relocate myself to new land that I choose c) c) I want to relocate to a group resettlement site to be provided by the project if offered d) I want to relocate to an individual resettlement site allocated by the commune e) Not yet decided 10. How do you intend to use the money that you will receive for the compensation of your land? a) Build or renovate house e) Save in the Bank b) Buy new land f) Spend on children’s education c) Buy other type of asset(Describe asset________________) g) Other (Describe____________________) d) Invest in small business 11. How to affected of land acquisition on household’s economic ? a) Loss of agriculture land b) Stop trade/business/services c) Both of them 12. Do you have plans now of how you will replace the income/food production from the agriculture land and/or business that will be recovered? a) Buy new land for agriculture production b) Restart business in a new location 89 c) Trade d) Small store e) Craft-making f) Find a job g) Other Describe ___________________________________________ 13. Which proposes to local government related to the affected of the project on the family? a) Be informed and consulted about the project, the effects and benefits of stakehoders b) Provide vocational training, introduce job due reduce productive land c) Training, technical improvements, agricultural extension, fishery extension d) Supported loans e) Other: …………………………………… 14. Is it necessary to construct work in local ? ………………………………………………………………………………………………. ………………………………………………………………………………………………. 15. Level of favor of work construction in local ………………………………………………………………………………………………. ………………………………………………………………………………………………. ………………………………………………………………………………………………. 16. Problems should be noted to ensure safe, increase effective investment during construction time? ………………………………………………………………………………………………. ………………………………………………………………………………………………. ………………………………………………………………………………………………. ………………………………………………………………………………………………. ………………………………………………………………………………………………. 90 ANNEX 2. COST ESTIMATE OF COMPENSATION AND ASSISTANCE Table 22. Cost of land compensation No. Item Unit Quantity Unit price Amount Note (VND) (VND) 1 Tra Vinh province 1,015,000,000 1.1 Cau Ke district 1.1.1 An Phu Tan commune Permanent acquisition of m2 1,200 250,000 300,000,000 residential land Permanent acquisition of m2 3,900 100,000 390,000,000 production land Temporary acquisition of m2 6,500 50,000 325,000,000 production land 2 Vinh Long province 3,665,380,000 2.1 Tra On district 2.1.1 Tich Thien commune Permanent acquisition of m2 690 250,000 172,500,000 residential land Permanent acquisition of m2 4,500 160,000 720,000,000 production land Temporary acquisition of m2 1,128 80,000 90,240,000 production land 2.2 Vung Liem district 2.2.1 Trung Thanh Dong commune Permanent acquisition of m2 400 350,000 140,000,000 residential land Permanent acquisition of m2 4,675 160,000 748,000,000 production land Temporary acquisition of m2 3,715 80,000 297,200,000 production land 2.2.2 Trung Thanh Tay commune Permanent acquisition of m2 900 400,000 360,000,000 residential land Permanent acquisition of m2 4,659 160,000 745,440,000 production land Temporary acquisition of m2 4,900 80,000 392,000,000 production land Total 4,680,380,000 91 Table 23. Cost of structure compensation No. Item Unit Quantity Unit price Amount Note (VND) (VND) 1 Tra Vinh province 1,114,138,500 1.1 Cau Ke district 1.1.1 An Phu Tan House grade 4, brick wall, concrete roof m2 210 3,696,700 776,307,000 House grade 4, brick wall, tile roof m2 150 1,225,000 183,750,000 Temporary house m2 50 800,650 40,032,500 Electricity clock unit 4 300,000 1,200,000 Water clock unit 2 350,000 700,000 Fence m2 150 606,000 90,900,000 Toilets m2 20 572,450 11,449,000 Concreted ground m2 40 245,000 9,800,000 2 Vinh Long province 1,208,369,000 2.1 Tra On district 2.1.1 Tich Thien House grade 4, brick wall, tile roof m2 120 1,148,000 137,760,000 Temporary house m2 190 786,000 149,340,000 Kitchen m2 50 792,000 39,600,000 Livestock barn m2 40 426,000 17,040,000 Electricity clock unit 2 300,000 600,000 2.2 Vung Liem district 2.2.1 Trung Thanh Dong House grade 4, brick wall, tile roof m2 240 1,148,000 275,520,000 Kitchen m2 30 792,000 23,760,000 Livestock barn m2 20 426,000 8,520,000 Electricity clock unit 2 300,000 600,000 Water clock unit 1 350,000 350,000 Toilets m2 4 581,000 2,324,000 Concreted ground m2 20 145,000 2,900,000 Fishpond m3 42.5 1,620,000 68,850,000 2.2.2 Trung Thanh Tay House grade 4, brick wall, concrete roof m2 35 4,286,000 150,010,000 House grade 4, brick wall, tile roof m2 190 1,148,000 218,120,000 Livestock barn m2 30 426,000 12,780,000 Electricity clock unit 3 300,000 900,000 Soil graves grave 5 3,000,000 15,000,000 Water tank m3 16 1,920,000 30,720,000 Concreted ground m2 35 145,000 5,075,000 Fishpond m3 30 1,620,000 48,600,000 Total 2,322,507,500 92 Table 24. Cost of plant compensation No. Item Unit Quantity Unit price Amount Note (VND) (VND) 1 Tra Vinh province 45,600,000 1.1 Cau Ke district 1.1.1 An Phu Tan Coconut Plant 50 360,000 18,000,000 Banana Plant 180 20,000 3,600,000 Longan Plant 80 300000 24,000,000 2 Vinh Long province 336,144,000 2.1 Tra On district 2.1.1 Tich Thien Coconut Plant 200 360,000 72,000,000 Banana Plant 300 20,000 6,000,000 Longan Plant 70 300000 21,000,000 Mangosteen Plant 120 450,000 54,000,000 Mango Plant 50 420,000 21,000,000 Jackfruit tree Plant 50 150,000 7,500,000 2.2 Vung Liem district 2.2.1 Trung Thanh Dong Coconut Plant 67 360,000 24,120,000 Banana Plant 105 20,000 2,100,000 Jackfruit tree Plant 26 150,000 3,900,000 Mango Plant 40 420,000 16,800,000 Mulberry Plant 80 300000 24,000,000 Hopea odorata Plant 180 180,000 32,400,000 Ornamental tree Plant 50 100,000 5,000,000 Apricot Plant 40 120,000 4,800,000 2.2.2 Trung Thanh Tay Coconut Plant 100 360,000 36,000,000 Banana Plant 130 20,000 2,600,000 Mango Plant 4 420,000 1,680,000 Bamboo Plant 2 22,000 44,000 Apricot Plant 10 120,000 1,200,000 Total 381,744,000 93 Table 25. Cost of assistance No. Item Unit Quantity Unit price Amount Note (VND) (VND) 1. Tra Vinh province 779,200,000 Assistance for displacement 1.1 in the province HH 3 5,000,000 15,000,000 1.2 Assistance for hiring house HH 3 5,000,000 15,000,000 Assistance for severely 1.3 affected household a No house displacement Person 0 2,160,000 0 b House displacement Person 10 4,320,000 43,200,000 150% of agricultur Vocational conversion al land 1.4 assistance m2 3,900 150,000 585,000,000 price Assistance for garden lands, 50% of pound lands which aren’t land 1.5 recognized as residential land m2 200 125,000 25,000,000 price Assistance HHs for 1.6 resettlement by themselves HH 3 30,000,000 90,000,000 1.7 Social Assistance HH 2 3,000,000 6,000,000 2. Vinh Long province 3,447,220,000 Assistance for displacement 2.1 in the province HH 0 5,000,000 0 2.2 Assistance for hiring house HH 5 6,000,000 30,000,000 Assistance for severely 2.3 affected household a No house displacement Person 16 2,160,000 34,560,000 b House displacement Person 0 4,320,000 0 150% of agricultur Vocational conversion al land 2.4 assistance m2 13,834 240,000 3,320,160,000 price Assistance for garden lands, pound lands which aren’t 2.5 recognized as residential land m2 500 125,000 62,500,000 Total 4,226,420,000 94