Page 1 QUANG NAM DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT FISHERY PROJECT MANAGEMENT OFFICE ========================== N N A A T T U U R R A A L L D D I I S S A A S S T T E E R R M M I I T T I I G G A A T T I I O O N N P P R R O O J J E E C C T T ( ( W W B B 4 4 ) ) (Cr. 4114VN) R R E E S S E E T T T T L L E E M M E E N N T T A A C C T T I I O O N N P P L L A A N N A A n n H H o o a a S S e e a a H H a a r r b b o o r r F F o o r r B B o o a a t t S S a a f f e e t t y y S S u u b b p p r r o o j j e e c c t t Q Q u u a a n n g g N N a a m m P P r r o o v v i i n n c c e e Quang Nam, August 2008 RP299 V11 Page 2 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 1 - Resettlement Action Plan (RAP) Table of Contents ABBREVIATION...........................................................................................................................................................2 D EFINITION OF TERMS............................................................................................................................................3 I. PROJECT INTRODUCTION...................................................................................................................................5 II. SCOPE OF LAND ACQUISITION AND RESETTLMENT................................................................................7 II.1 T HE SUBPROJECT DESCRIPTION .............................................................................................................................7 II.2 M ITIGATION MEASURES ........................................................................................................................................7 II.3 S UMMARY OF MAIN IMPACTS OF THE SUBPROJECT ................................................................................................8 III. SOCIOECONOMIC INFORMATION.................................................................................................................8 III.1 I NFORMATION SOURCE ........................................................................................................................................8 III.2 P OPULATION CHARACTERISTICS .........................................................................................................................9 III.3 J OB AND INCOME .................................................................................................................................................9 III.4 A FFECTS TO LAND AND STRUCTURE ...................................................................................................................9 III.5 L AND - USE STATUS .............................................................................................................................................10 IV. COMPENSATION POLICY................................................................................................................................10 IV.1 R ESETTLEMENT OBJECTIVES : ............................................................................................................................10 IV.2 W ORLD B ANK POLICY ON INVOLUNTARY RESETTLEMENT : ..............................................................................10 IV. 3 C OMPENSATION POLICY OF THE G OVERNMENT OF V IETNAM :..........................................................................10 IV.4 D ECISIONS OF Q UANG N AM PPC REGULATING THE LAND ACQUISITION , RESETTLEMENT AND COMPENSATION 12 IV.5 C OMPENSATION P OLICY OF THE S UBPROJECT ...................................................................................................13 V. INFORMATION DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE REDRESS ..........14 V.1 O BJECTIVES OF PUBLIC INFORMATION AND CONSULTATION ...............................................................................14 V.2 P UBLIC CONSULTATION IN THE PROJECT PREPARATION PHASE ............................................................................14 V.3 P UBLIC CONSULTATION DURING THE PROJECT IMPLEMENTATION .......................................................................15 V.4 G RIEVANCE REDRESS PROCEDURE ......................................................................................................................15 VI. IMPLEMENTAITON ORGANIZATION ..........................................................................................................16 VI.1 C ENTRAL LEVEL ................................................................................................................................................16 VI.2 P ROVINCIAL LEVEL ............................................................................................................................................17 VI.4 D ISTRICT LEVEL ................................................................................................................................................18 VI.4 C OMMUNE LEVEL .............................................................................................................................................18 VI.5 L OCAL MASSIVE ORGANIZATIONS ......................................................................................................................18 VII. BUDGET...............................................................................................................................................................18 VII.1 F INANCING MECHANISM ...................................................................................................................................18 VII.2 C OMPENSATION UNIT PRICE ............................................................................................................................19 VII.3 C OMPENSATION BUDGET .................................................................................................................................19 VIII. MONITORING AND EVALUATION .............................................................................................................19 VIII.1 M ONITORING OBJECTIVE ................................................................................................................................19 VIII.2 I NTERNAL MONITORING ..................................................................................................................................19 VIII.3 E XTERNAL MONITORING .................................................................................................................................20 APPENDIX 1: ESTIMATED BUDGET FOR COMPENSATION AND ALLOWANCE....................................23 APPENDIX 2: RAP IMPLEMENTATION AND CIVIL WORKS PLAN.............................................................26 APPENDIX 3: SUMMARY OF COMPENSATION IMPLEMENTATION FOR PAHS IN THE SPOIL DUMPING AREA IN TAM QUANG COMMUNE...................................................................................................26 Page 3 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 2 - Resettlement Action Plan (RAP) Abbreviation CPC Commune People’s Committee CPO Central Project Office CRC Commune Resettlement Committee DMS Detailed Measurement and Survey DRC District Resettlement Committee HH Household LURC Land use right certificate MARD Ministry of Agriculture and Rural Development NDMP Natural Disaster Risk Management Project PAH Project Affected Household PAP Project Affected People PMO Project Management Organization of CPO PMU Provincial Subproject Management Unit PPC Provincial People’s Committee PRC Provincial Resettlement Committee PSC Project Steering Committee RP Resettlement Plan RPF Resettlement Policy Framework VND Vietnam Dong WB World Bank Page 4 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 3 - Resettlement Action Plan (RAP) DEFINITION OF TERMS 1. Project Affected Person (PAP) indicates any individual, a household, a group of people, a firm or a private or public organization, who, on the cut-off date of the project or of any component or parts thereof would have their: (i) right, title or interest in any house, or any land (including premises, commercial, agricultural, forestry and grazing land) or any other fixed or movable asset, acquired or possessed, or lost, temporarily or permanently; and/or (ii) business, occupation, work or place of residence or habitat adversely affected, temporarily or permanently, regardless of relocation or not; and /or (iii)standards of living adversely affected. 2. Compensation means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the project. 3. Cut-off Date is determined as the date of completion of the socioeconomic survey in the subproject area during the RAP preparation process and the completion of the detailed measurement and survey upon the availability of the subproject detailed design. The subproject cut-off date for the eligibility to receive compensation is the date of completion of the detailed measurement and survey of the An Hoa subproject, i.e. July 20 th 2008. 4. Eligibility: Any individual, on the cut-off date, is living in the area affected by the An Hoa sea harbor for safety boat subproject and has the following conditions are eligible to be compensated: (i) standards of living adversely affected; (ii) right, title or interest in any house, or any land (including premises, commercial, agricultural, forestry and grazing land) or any other fixed or movable asset, acquired or possessed, or lost, temporarily or permanently; or (iii) business, occupation, work or place of residence or habitat adversely affected, temporarily or permanently, regardless of relocation or not. 5. Land Acquisition refers to the process whereby a PAP is compelled by a public agency to alienate all or part of the land that the PAP owns or possesses, to the that agency for public purposes in return for a satisfactory compensation. 6. Monitoring refers to the process of regular monitoring the implementation progress of the project activities and the achievement of the project objectives. 7. Rehabilitation means the process to restore income earning capacity, production levels, living standards and social network in a long term. Rehabilitation measures are deemed to be an integral part of the entitlement for compensation. 8. Relocation means the physical relocation of an AP from the pre-Project place of residence/ business base to a new place. This may include the reconstruction of houses and works, production land and public infrastructures in other place. Page 5 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 4 - Resettlement Action Plan (RAP) 9. Replacement Cost means the equivalent value or the most close to market prices plus with transaction costs such as administrative fee, registration fee, or entitlement verification fee, replacement cost for agricultural land is calculated based on the productive potential and/or market price at the compensation delivery. Replacement cost for houses and/or other infrastructures are based on the reasonable market prices of new building materials and labour cost without depreciating and deducting value of salvaged materials. Replacement cost for residential land, crops, trees, and other assets will be calculated based on market prices of relevant assets. This ensures that PAP can rebuild houses or infrastructures with better or at least equal to quality of the pre-project houses or infrastructures. If no land market is available, the Pr ovincial People’s Committee will establish a compensation policy which ensures that PAP can recover their living conditions equal to or better than those of before the land acquisition and/or the resettlement is taken place. 10. Resettlement Effects mean all negative situations directly caused by the subproject, including loss of land, property, income generation opportunity, and cultural assets. 11. Resettlement Plan is a time-bound action plan with budget, setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation. 12. Severely Affected Person is defined as a person who will (i) lose at least 20 percent of total agriculture/aquaculture landholding or business land, (ii) relocate and/or lose more than 50 percent of their main residential, and/or business base or have houses or infrastructures that are assessed unsafe or unable to use due to the project impacts and/or (iii) lose more than 20 percent of total income sources. 13. Vulnerable Group is defined as a group of people who are affected adversely due to the land acquisition and resettlement, including poor households, landless or almost landless households, female-headed household, disabled or disadvantaged households or ethnic minority households. Page 6 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 5 - Resettlement Action Plan (RAP) I. Project introduction 1. Quang Nam is a coastal province in the North Central Region with a 125 km of coastal line. The province has a total of 40,000 km 2 of sea area, and about 90,000 tons of reserves of marine products. Along the coastal line has two major river estuaries connecting the sea, namely Dai estuary, Hoi An, and An Hoa estuary in Nui Thanh district, making two estuaries be easy for ships and boats to anchor, shelter, and gather, access to and for logistic services activities are taken place, meanwhile they help promote the marine product catching and fishing and build up major marine economic centers of the province. 2. The fishery economic development strategy up to year 2010 aims at bringing the fishery to gain a greater development step and actually becomes a key economic sector of the province. Details are: comprehensively developing the fishery in all three areas: catching, farming and processing in order to increase productions, extending scope of exports and supporting other industries; speeding up the industrialization and modernization process in the fishery; enhancing the catching capacity by increase capacity of fishing boats, changing the off-shore oriented fishing mechanism, and fishing cum farming in order to exploit the fishery around the year, etc.; and developing the logistic services for off-shore fishing boats such as: fish-harbor, boats building and repair bases, sea-harbor for boat safety in storm weather, fish-market, oil and petrol supply, ice- water supply, fishing tools, etc. 3. Quang Nam has a potentiality for fishery economic development; however, the infrastructures for fishery are not invested adequately. Among the traditional fishing harbors, some fishing harbors are under construction and the remaining are natural harbors. Currently, there are two fish-harbors which are being constructed, namely An Hoa fish harbor – Nui Thanh district, and Tam Ky fish harbor – Tam Ky district, and 01 fish harbor which is constructed and now in use is Cu Lao Cham fish harbor, Hoi An district. In general, logistic services bases are dispersed, in small scale and have low-quality services. 4. The harbor system for boat safety in storm weather, storm forecasting facilities, marine equipment, safety facilities for people and fishing boats are not given due attention to. Every year, losses of human beings, facilities in Quang Nam sea usually happen (obviously in the case of more than 150 fishermen in Quang Nam died and missed in action, lost more than 10,000 billion VND, more than 600 fishing boats and ships lost in the last Chanchu storm. 5. Currently, in Tam Giang and Tam Quang communes, Nui Thanh district, in addition to some fishing wharfs of farmers, the State also invests in building An Hoa fish harbor with sufficient physical infrastructures of a fishery logistic area. This fishery logistic area will support the sea harbor for boat safety in storm conditions, facilitate fishing boats and ships to anchor in storm weather, and this combination of works will inter-support in order to promote the investment effectiveness. 6. Name of subproject: An Hoa sea harbor for boat safety subproject, Nui Thanh district, Quang Nam province. 7. Investor: Quang Nam Provincial Department of Agriculture and Rural Development (DARD) Page 7 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 6 - Resettlement Action Plan (RAP) 8. Construction site: Vung Da bay, bounded by the Tam Giang commune to the west and south, and Tam Quang commune to the east and north, in Nui Thanh district, has favored natural conditions for boats and ships to shelter in storms: water surface is large but out of wave and calm, and is closer to the infrastructures and logistic services for fishing activities i.e. An Hoa fishing harbor, and has a capacity for 1,200 fish boats and ships to shelter at the same time in storm weather. Actually so far, fishermen in coastal areas in the Central region usually have selected this to shelter in storm. With its natural conditions, Vung Da bay is selected to build the An Hoa sea harbor for boats and ships to shelter. In this region, fishing boats, ships and facilities develop strongly in quantity and types. Fishermen have experiences in fishing, catching marine products, building and repairing boats and ships. Meanwhile, some physical infrastructure works and logistic works exist to serve the fishery. 9. Objectives and tasks of the project : (i) building a sea harbor for fishing boats and ships and fishing facilities to shelter in storms in Quang Nam sea and in the vicinity in order minimize damages and loses to human and assets of fishermen in storm season, making fishermen to feel confident in fishing in off-shore and developing the fishery, (ii) creating a traditional wharf for fishermen to anchor before and after the fishing, (iii) coordinating with An Hoa fishing harbor and fishery craft-villages in the locality, providing premises for the development of economic activities such as marine product processing, fishing logistic services, fish boat building and repair, (iv) creating jobs for labour and improving socioeconomic life of local fishermen, (v) providing favored conditions for developing fishery extension services, protection of marine benefits and guiding the fishing ground. Page 8 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 7 - Resettlement Action Plan (RAP) II. SCOPE OF LAND ACQUISITION AND resettlEment II.1 The subproject description 10. In accordance with the Decision 288/2005/QD-TTg dated November 08 th 2005 of the Prime Minister approving the “adjustment to the planning of sea harbor for fishing boats and ships to shelter in storms up to year 2010 and in vision towards year 2020”, An Hoa sea harbor for boat safety is classified as a sea-harbor at provincial level and is prioritized to invest in the first phase. 11. Vung Da bay locates close to the downstream of An Tan river flowing to Truong Giang river, about 2.5 km from An Hoa estuary (seaport), in the territory of Tam Quang and Tam Giang communes, Nui Thanh district, Quang Nam province. This area has natural conditions favored for ships and boats to anchor and shelter in storm weather. The topographic condition of the area is similar to a natural dry lock, with one end connecting to An Tan river to An Hoa estuary. This natural dry lock is about 1,000 m long, 800 m wide on average, and is protected by villages and is close to active fishing ground so it forms a gathering point for ships, boats and fishing facilities to gather, for logistic services and shelter purposes when whirl-wind, tropical low-pressure happens in the local sea. 12. Potential impacts : Since the shelter area is built in the alluvial area and river estuary where is close to shrimp farming ponds of farm households so it is hardly to avoid adverse impacts from the construction of works such as turbid water affecting to the shrimp farming, relocation of rock- placed fish-traps of local people in Vung Da bay in order to dredge the area. Spoils and mud to be dredged will be dumped in shrimp farming ponds in Tam Quang commune which were acquired and compensated in the Project for Free Trade Zone of Chu Lai Open Economic Zone. Therefore, the project will not acquire land temporarily or permanently from people. II.2 Mitigation measures 13. The location for the construction of sea harbor for boat safety in storms is selected based on the following criteria: (i) ensuring technical specifications of a sheltering place in storm weather for ships and boats; (ii) ensuring the safety of ships and boats to access to the storm- sheltering place; (iii) minimizing adverse impacts to local people. The selected location of the subproject is close to downstream of An Tan river flowing to Truong Giang river, about 2.5 km from An Hoa estuary (seaport) and this location satisfies all above-mentioned criteria. Because the proposed construction site is not a residential land so it will not cause resettlement but affect to the marine product farming, fishing and catching of some family households. 14. The technical solutions and construction are proposed and reviewed in order to minimize permanent or temporary land acquisition as well as to select the area which has been compensated and acquired in other projects to use as material stock piling and spoil dumping in this subproject. The construction access is waterway not road way, therefore, the subproject also avoids acquiring land temporarily. Page 9 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 8 - Resettlement Action Plan (RAP) II.3 Summary of main impacts of the subproject 15. The subproject will affect to two communes: Tam Giang and Tam Quang. According to the statistics of the Resettlement Committee of Nui Thanh district, there are 82 HHs with 397 people will be affected by the subproject, comprising of 80 shrimp farming HHs, 01 fish catching HH with rock-pitching fish traps who has to remove 9 rock-pitching fish traps, and 01 collective organization, i.e. Tam Giang CPC that is affected with shrimp ponds. All PAHs do not lose land but suspend raising shrimps in 01 year when the construction is carried out because the dredging will make water too turbid to raise shrimps. A total of 351,186m 2 of shrimp farming ponds will be affected during the construction. None of PAHs loses residential land or is affected with houses (Table 1). 16. The objective of this RAP is to ensure that all PAHs will be compensated at replacement prices for affected assets and will be supported to mitigate adverse impacts so PAPs will have living conditions equal to or better than the pre-project conditions. The information and data presented in this RAP are collected from (i) detailed measure survey (DMS), (ii) socioeconomic information survey which has been carried out with 100% of PAHs, and (iii) group-discussion with PAPs. Because the number of PAHs is small (82 HHs) and there is no severe PAH so this RAP is abbreviated (abbreviated RAP) as regulated in the OP4.12 of the World Bank. Table 1. Summary of impacts caused by the subproject Subproj ect Number of severe PAHs (HH) Marginal PAHs (HH) Total PAHs Total Losing >50% of house Losing shops Losing >20% of agri. land Losing <20% of agri. land Affecting shrimp farming Number of PAHs Numbe r of PAPs An Hoa 0 0 0 0 0 82* 82 397 Area of land acquired Residential land (m 2 ) Agricultural land (m 2 ) Forestry land (m 2 ) Fishery land (m 2 ) Other land (m 2 ) Total (m 2 ) 0 0 0 0 0 0 Other assets affected Houses (m 2 ) Shops (m 2 ) Crops (m 2 ) Trees (tree) Graves (unit) Other assets 0 0 0 0 0 9 stone fish- traps * including CPC Source: Nui Thanh DRC III. Socioeconomic information III.1 Information source 17. In July 2008, a socioeconomic survey on PAHs was carried out by Nui Thanh DRC in order to collect the economic – social information of PAHs in two communes: Tam Giang and Tam Quang. Such information provide a base to identify appropriate support measures to PAHs in Page 10 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 9 - Resettlement Action Plan (RAP) order to help them at least restore their living conditions and incomes as well as their production capacity. 100% PAHs were surveyed. III.2 Population characteristics 18. All surveyed PAHs (100%) are in Kinh group. Neither ethnic people nor ethnic family lives in the subproject area. 19. The averaged size of one surveyed PAH is 4.9 persons/HH. The rate of gender of HH owners is dominated with male (68), only 13 PAHs are headed by females. The averaged age of PAH owners is 50 and the averaged education of them is at 9/12 level. Table 2: Population characteristics of PAHs Size of family HH Ethnic minority (%) Gender proportion (%) HH owner HH member Sample PAHs Total people Size (person/HH) Kinh Others Male Female Male Female Averaged age of HH owners Education level of HH owners 81 397 4.9 100 0 83.9 16.1 46.4 53.6 50 9/12 Source: Nui Thanh DRC III.3 Job and income 20. The majority of PAHs live on agricultural production, mainly rice farming, and combine with aquaculture. The one-year suspension of shrimp farming will not affect significantly to life and income of these PAHs because their main job is agricultural production. In addition, shrimp farming in recent years usually has suffered losses because of shrimp diseases so shrimp farmers has no longer invested and developed this job but only farm with extensive farming techniques. 21. When the harbor is constructed, PAHs will have favored conditions to change jobs to do business in fishery-services, and more jobs will be created for many laborers. 22. According to the survey, PAHs have the averaged income of 2,058,333 VND/HH/month and the averaged income per capital is 406,000 VND/person/month. There is no poor PAH. III.4 Affects to land and structure 23. The subproject does not acquire land temporarily or permanently from people because the construction is on water surface and materials are transported by water. Spoils and mud dredged will be dumped in the area where the land acquisition and resettlement was carried out by the project of the Free Trade Zone in Chu Lai Opening Economic Zone. A brief due diligence report on these resettlement activities is attached as the Appendix 3 of the RAP. Page 11 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 10 - Resettlement Action Plan (RAP) 24. The subproject only affects to the shrimp farming of 81 HHs (including Tam Giang PC) during the construction and one PAH has to remove 9 rock-pitching fish-traps. III.5 Land-use status 25. All PAHs have permanent and legal land-use rights to the shrimp farming land affected. PAHs use lands in right purposes and do not violate the land-use plan of the commune. IV. compensation policy IV.1 Resettlement objectives : 26. The objectives of the land acquisition, resettlement and compensation policy are to avoid or minimize adverse impacts to the people. In case it is impossible to avoid, all assets affected must be compensated and PAHs are assisted in order to ensure that they will have the living conditions equal to or better than the pre-project conditions. IV.2 World Bank policy on involuntary resettlement : 27. All resettlement and compensation activities in WB-funded projects must comply with regulations in OP 4.12 regulating the World Bank Policy on involuntary resettlement. According to this policy, PAPs must be informed and consulted adequately about the land acquisition, resettlement and compensation plan. All PAHs are compensated for assets and land affected, and are supported to improve or at least remain their living conditions and livelihoods as in pre-project conditions. 28. Absence of legal rights on land will not affect the entitlement to compensation of PAHs. Assets affected will be compensated with replacement prices. 29. Land acquisition, compensation and resettlement must be acknowledged and implemented as an integral part of the project. Therefore, all costs for land acquisition, resettlement and compensation should be included in the project cost. IV. 3 Compensation policy of the Government of Vietnam : 30. In recent years, the Government of Vietnam has promulgated some laws and regulations in order to protect the rights and entitlements of PAHs. The laws and regulations that relate and govern the land acquisition, resettlement and compensation activities are: i. The Constitution of the Socialist Republic of Vietnam, April 15 th 1992, revised in accordance with Resolution No. 51-2001-QH10 on December 25 th 2001 by the Legislature X, issued in Session 10 of the National Assembly; ii. The Land Law No. 13/2003/QH11 (December 2003); Page 12 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 11 - Resettlement Action Plan (RAP) iii. The Decree No. 188/2004/ND-CP (November 2004) regulating the methods of determination of land prices and price framework for different land categories; iv. The Decree No. 197/2004/ND-CP (December 2004) regulating the compensation and assistance for resettlement when the State acquires land; v. The Circular No. 116/2004/TT-BTC (December 2004) instructing to implement the Decree No. 197; vi. The Decree No. 181/2004/ND-CP (November 29 th 2004) regulating the execution of The Land Law 2003; vii. The Circular No. 30/2004/TT-BTNMT (November 1 st 2004) guiding to prepare, adjust and appraise the land use plan and planning; viii. The Circular No. 01/2005/TT-BTNMT (April 13 th 2005) instructing to execute the Decree No. 181; ix. The Decree No. 17/2006 regulating and supplementing some provisions to the Land Law 2003 and the Decree No. 197 (November 2004); x. The Decree No. 84/2007/ND-CP promulgated in May 25 th 2007 regulating the supplement on issuance of certificate of land-use rights, land acquisition, implementation of land-use rights, order and procedures of land acquisition, resettlement, support and compensation when the State acquires land and the land- related grievance mechanism; xi. The Decree No. 123/2007/ND-CP promulgating on July 27 th 2007 supplementing to methods on determination of prices for land. 31. The Land Law 2003, passed in December 2003 and came into effect since July 1 st 2004, superseding the Land Law 1998. The Land Law 2003 is a comprehensive land administration law, specifies provisions on land allocation, management of land lease, land recovery for development purposes, changes in value of land in market mechanism, and enables people to have access to the land source with the Land-Use Right certificate (LURC). Some of the important issues that are relevant to land usage, acquisition, and resettlement, are summarized as below: i. The State reserves the right to allocate land and determine its usage; ii. Families and individuals who have been allocated land have the right to exchange their land for another piece; transfer their right to use land to another party; and rent, bequeath, or use their land as collateral; iii. The People's Councils at all levels are responsible for managing land issues in their domains, as provided for by laws. iv. The land user who has “permanent” land-use rights can have “eligible” rights or “legalizable” rights; v. Eligible land-users are people who possess LURCs, and legalizable land-users are people who are in process of being granted with LURCs by district government or people who have temporary land-lease contracts which can be legalized; and vi. The State reserves the right to expropriate land when truly necessary, in cases of national defense or security or national and public interest. In these cases, as Page 13 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 12 - Resettlement Action Plan (RAP) specified in Article 27, the land users will be compensated for the land or assets acquired or affected 32. The Decree No. 197/2004/ND-CP (3/12/2004) regulating the compensation, support and resettlement when the State acquires land for its use which supersedes the Decree No. 22 which used to provide a base for the compensation, support and resettlement when the State acquires land for national defense or security or national and public interests. The Decree No. 197 contains many provisions close to the World Bank policy on Involuntary resettlement than in the Decree No. 22, including the following provisions: In projects which are financed from the official development assistance fund (ODA), if the compensation, support and resettlement required by the donor are discrepant to the provisions in this Decree, before signing the international agreement, the project executing agency has to report to the Prime Minister for review and decision. In case, the international agreement that Vietnam has signed or entered has provisions different from provisions specified in this Decree, the provisions specified in such international agreemen t will govern” (Chapter 1, Article 1, Item 2). 33. The Land Law 2003 and the Decree 197 have significant progresses in narrowing the discrepancies between the laws, regulations of the Governments with the applicable requirements for ODA projects, therefor e, are closer to the WB’s policy on Involuntary Resettlement. The remaining discrepancies will be continuously narrowed with the promulgation of the Decree No. 17/2006. 34. The Decree No. 84/2007/ND-CP issued on May 25 th 2007 regulating the issuance of LURCs, procedures and steps on land acquisition and resettlement. This Decree specifies the time to determine whether land-users are legal or illegal. This Decree also requires that the land acquisition, resettlement and compensation must be implemented democratically and transparently for PAHs. IV.4 Decisions of Quang Nam PPC regulating the land acquisition, resettlement and compensation 35. In recent years, Quang Nam PPC has issued some Decisions regulating the resettlement and land acquisition and compensation which are applied in the territory of the Province: (i) Decision No. 55/2006/QD-UBND issued on December 15 th 2006 regulating the resettlement and compensation in the Quang Nam territory; (ii) Decision No. 18/2007/QD-UBND issued on June 28 th 2007, adjusting, supplementing some provisions of the Decision No. 55/2006/QD-UBND regulating the resettlement and compensation in the Quang Nam territory; (iii) Decision No. 57/2007/QD-UBND issued on December 18 th 2007 regulating methods to identify prices of land and classification of land categories in the Quang Nam territory; Page 14 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 13 - Resettlement Action Plan (RAP) (iv) Decision No. 560/2008/QD-UBND issued on February 19 th 2008 regulating the new unit prices applicable to houses, crops and structures in the Quang Nam territory. IV.5 Compensation Policy of the Subproject 5.1 Compensation policy for agricultural land 36. The subproject does not acquire agricultural land, therefore, the compensation policy for agricultural land is not applicable in this subproject. However, the PAHs have to stop farming shrimp in one year (2 shrimp – farming crops) during the construction of works so the subproject will compensate the PAHs for their income lost due to the non-shrimp farming in one year in cash in rate of 6,000 VND/m 2 /year. This rate was accepted by PAPs. 5.2 Compensation policy for residential and/or commercial land affected 37. None of PAHs is affected with residential and/or commercial land so this compensation policy is not applied. 5.3 Compensation policy for works affected 38. Neither house nor architectural work is affected by the subproject but only 09 stone- pitching fish-traps of one PAH have to be removed. These fish-traps will be removed and compensated at a rate of 500,000 VND/trap. 5.4 Compensation policy for crops, trees and domestic animals affected 39. The subproject will not affect to any crop nor tree. The PPMU and DRC will inform PAHs with the construction time so PAHs can stop farming shrimps. Therefore in ponds, there will have no shrimp during the construction period and no compensation for shrimp will be made. 5.5 Allowance in transition period 40. None of PAHs is affected severely or has to relocate so the below-mentioned allowance in Table 3 will not be applied. Page 15 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 14 - Resettlement Action Plan (RAP) Table 3: PAHs entitled to allowances Type of allowance Local relocation PAH Relocation PAH in other place PAHs losing >20% of a gricultural land P AHs benefiting from social policy Shop/ business base relocated Subsistence allowance Not applicable Not applicable Not applicable Not applicable Not applicabl e House rental allowance Not applicable Not applicable Not applicable Not applicable Not applicable Transportation allowance Not applicable Not applicable Not applicable Not applicable Not applicable Business- disturbance allowance Not appl icable Not applicable Not applicable Not applicable Not applicable Social allowance Not applicable Not applicable Not applicable Not applicable Not applicable Income restoration allowance Not applicable Not applicable Not applicable Not app licable Not applicable V. INFORMATION DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE REDRESS V.1 Objectives of public information and consultation 41. Public dissemination, consultation with PAPs and mobilization of participation of PAHs as well of relevant agencies and organizations is to ensure the transparency in the project, reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of PAPs. 42. The objectives of the public information dissemination, participation of relevant parties and public consultation with PAHs are to: (i) provide PAHs full information about the project, project components and recommended activities; (ii) collect information on needs and priorities of PAPs and affected communities, their reactions to the project policies and activities; (iii) Obtain the cooperation and participation of the PAPs and communities in activities necessary for resettlement planning and implementation; (iv) have the opportunity to participate in activities and decision-making about issues that will directly affect their income and living conditions; and (v) ensure the transparency in all activities related to land acquisition, resettlement, compensation, and rehabilitation. V.2 Public consultation in the project preparation phase Public meetings 43. During the project preparation, PPMU coordinated with the RCs and local governments of two affected communes to organize public meetings which provided information about the project, land acquisition, resettlement and compensation policies. PAHs were encouraged to contribute opinions and comments on the resettlement plans, measures to restore the production and income, and livelihoods in the RAP implementation. Page 16 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 15 - Resettlement Action Plan (RAP) 44. The information dissemination and public consultation would be continued in the RAP implementation process. The following main information should be disseminated to PAHs: (i) Locations where PAHs could find more detailed information about the project: Fishery PPMU, DRC, Tam Quang and Tam Giang CPCs. (ii) Project impacts: The information related to the impacts to people living or/and working in the subproject area, explanation about the needs of sea harbor for boat safety in An Hoa estuary, etc. would be provided to PAHs. DMS results and minutes of price application must be posted publicly for PAHs to access to. (iii) The rights and entitlements of PAHs (at the cut-off date), entitlements to different categories of affects of PAHs, including entitlements to allowances such as rehabilitation allowance, job-change allowance, etc. V.3 Public consultation during the project implementation 45. During the project implementation, when the land acquisition, resettlement and compensation activities are carried out, PAHs should be informed of procedures on survey and DMS, compensation payment, organizations responsible for these activities, and complaints and grievance redresses. In this phase, PAHs have rights to be informed and contribute opinions on the DMS results, recommended compensation plan, compensation unit prices for assets affected and their entitlements. 46. The project information dissemination is constantly remained during the project implementation phase with different information dissemination methods in order to provide sufficient information to the interested people, in particular PAPs, help them have best selection to overcome difficulties in transition period, rehabilitate and recover their income and living conditions. 47. During the project implementation, PPMU would carry out the following tasks: (i) Providing information in details about the policies and procedures on project implementation to Nui Thanh DRC and local governments of Tam Quang and Tam Giang communes. (ii) Coordinating with Nui Thanh DRC to organize the public dissemination and consultation to all PAHs in the whole project cycle. V.4 Grievance redress procedure 48. PAPs are informed that any mistake or misunderstanding about any aspects of the project will be heard and supported by Nui Trach DRC for solution. If PAPs have any complains or questions related to land acquisition, compensation, rehabilitation process, including compensation rates, they all have rights to appeal and their complaints will be solved up. PAHs will be explained about redress procedures. 49. In order to ensure that all questions, complaints of PAHs related to any aspects of land acquisition, resettlement and compensation to be solved on time and satisfactorily, it is necessary Page 17 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 16 - Resettlement Action Plan (RAP) to set up an appropriate grievance redress procedures. It is important that PAHs should be aware of such grievance redress procedures. The detailed grievance redress procedures shall be informed to PAHs in the public information dissemination. 50. Grievance Redress Procedure: 4 stages , comprise of: Stage 1: Complaints from PAPs on any aspect of the land acquisition, resettlement and compensation, or losses not previously addressed shall first be lodged verbally or in written form to the Commune People's Committee (CPC). The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the CPC. The CPC will be responsible for resolving the issue within 15 days from the day it is lodged. Stage 2: If no understanding or amicable solution cannot be reached, or if no response from the CPC is received by the PAP within 15 days of registering the complaint, he/she can appeal to the DRC. One DPC vice chairman will directly hear the case delivered by PAP and the complaining PAP will be invited to compile his/her case. The DRC will provide a decision within 01 month of the registering of the appeal. Stage 3: If the PAP is not satisfied with the decision of the DPC or in the absence of any response by the DPC, the PAP can appeal to the Provincial People’s Committee. The PPC together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC. Stage 4: If the PAP is still not satisfied with the decision of the PPC or PRC on appeal, or in absence of any response from the PPC within the stipulated time, the PAP as a last resort, may submit his/her case to the administration court. VI. implementaiton organization VI.1 Central level Ministry of Agriculture and Rural Development (MARD): 51. Ministry of Agriculture and Rural Development (MARD) is the Project executing agency (Project owner). MARD will have the following tasks: (i) Coordinating with Ministry of Finance, Ministry of Planning and Investment, and other Ministries in line to direct, check and supervise the project implementation, (ii) Deciding to establish the Project Steering Committee, the project implementing agency in accordance with the Credit Agreement and instructing these agencies during he project implementation, (iii) Coordinating with relevant ministries in line to submit to the Government of Vietnam, Vietnam National Assembly for approval of the annual budget plan and allocation of project counter fund, Page 18 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 17 - Resettlement Action Plan (RAP) (iv) Instructing and directing project provinces to implement the subprojects and other project activities in the relevant provinces. Central Project Office (CPO): 52. The Central Project Office (CPO) is assigned by MARD to implement the project on behalf of MARD (the Project owner). 53. CPO is responsible for submitting withdrawal applications to WB and request for central counterpart fund allocation, arranging to prepare works construction investment projects, technical designs and cost estimates of subprojects, and other activities in the central and provincial levels; submitting monthly, quarterly, semi-annual and annual reports to WB, relevant agencies about the project implementation progress, project disbursement; coordinating, supervising the project implementation, land acquisition, resettlement and compensation, environmental impact assessment, social assessment of the project, management of the international and domestic consultants, and cadres working for the project as well as the project assets. VI.2 Provincial level Quang Nam Provincial People’s Committee (PPC): 54. Quang Nam PPC is responsible for: (i) Directing the preparation of project acquisition and resettlement plan (RAP); (ii) Issuing frameworks for land acquisition in relation to the compensation prices for land, structures, crops, and other properties; (iii) Approving RAP and compensation plans; (iv) Directing DPC to implement the RAP; (v) Checking and approving compensation prices submitted by Nui Thanh DRC during the RAP implementation; Provincial Subproject Implementation Office (PPMU): 55. The PPMU has the following tasks: (i) On behalf of the CPO, implementing all resettlement and compensation activities in the An Hoa sea harbor for boa t safety within the territory under the PPC’s management; (ii) Guiding all resettlement activities to province, districts and communes in accordance with the Government policies and WB policies; (iii) Monitoring the RP activities; (iv) handing over the sites to contractors; (v) Consolidating and reporting periodically about resettlement activities to CPO as requested. Page 19 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 18 - Resettlement Action Plan (RAP) VI.4 District level Nui Thanh district People’s Committee: 56. The district People’s Committee (DPC) has the following functions: (i) Coordinating with provincial departments, sectors, organizations and project owner to prepare the overall plan on land acquisition, resettlement and compensation in the An Hoa sea harbor for boat safety in the district as assigned by the PPC; (ii) Instructing DRC to implement land acquisition, resettlement and compensation activities; (iii) Handling complaints and grievances of PAHs related to compensation, land acquisition and assistances. (iv) Coordinating with functional agencies to implement the land acquisition, resettlement and compensation activities. VI.4 Commune level 57. The People’s Committee of communes: Tam Giang and Tam Quang are responsible for: (i) Assigning members of the RC for the subproject; (ii) Verifying on record of DMS for compensation of PAHs; (iii) Receiving and handling complaints of PAHs within the jurisdictions of the commune; (iii) Consulting with PAPs about rights, entitlements, compensation policy and compensation unit prices; (iv) Providing favored conditions for PPMU in surveying and implementing RAP and other related works. VI.5 Local massive organizations 58. Local organizations at commune level such as Women’s union, Farmers’ Association, National Front, will assist in mobilizing and encouraging PAPs to participate actively in the land acquisition and compensation process, from the preparation to the implementation of RAP, as well as the information dissemination programs and public consultation. VII. Budget VII.1 Financing mechanism 59. In order to provide the sufficient budget on time to implement the land acquisition and resettlement activities, the Quang Nam PPC will allocate the counter fund from the provincial budget to the PPMU so PPMUU can make payments for the compensation, allowances and other RAP implementation expenditures. Page 20 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 19 - Resettlement Action Plan (RAP) VII.2 Compensation unit price 60. The prices for compensation of assets affected in this subproject are based on the rapid appraisal of replacement costs for assets and updated unit prices issued by PPC. The compensation prices will be adjusted with actual inflation rate. 61. Nui Thanh DRC applied the compensation rate in accordance with the Decision No. 560/2008/QD-UB of Quang Nam PPC for the income lost due to 1-year suspension of the shrimp farming is 6,000 VND/m 2 /year for shrimp farming and 500,000 VND/trap for stone –pitching fish traps. These compensation prices were consulted with and accepted by PAHs. VII.3 Compensation budget 62. Based on the scope, level and quantity of assets affected by the subproject and the compensation prices and allowance for assets affected, Nui Thanh DRC prepares a detailed cost estimated for the compensation and allowance in the subproject, totaling VND 2,111,616,000 (USD 128,250). This budget excludes the land acquisition and resettlement management and implementation fee (2% as regulated by Decree No. 197/2004/ND-CP) and 10% of contingency. Details are presented in Appendix 1. VIII. Monitoring and evaluation VIII.1 Monitoring objective 63. Monitoring is the continuous process of assessment of project implementation, completion, and achievements of project activities and achievements of the project objectives. Monitoring is an action that is carried out in a time in order to verify impacts of interventions and the compliance of the preset objectives. 64. Overall monitoring objectives are to ensure that the compensation and implementation of RAP are proper and on time as indicated in the resettlement action plan. The RAP implementation will be monitored internally and independently (external) which aims at providing feedbacks to project management agencies about the implementation status and recognizing on time problems and difficulties as well as achievements in order to have on time adjustments to the implementation organization. Continuously monitoring RAP implementation will be carried out by the project implementing agencies, World Bank, and RAP external monitoring organization. VIII.2 Internal monitoring 65. Quang Nam PPMU, with the assistance of the resettlement consultant, will be responsible for internal monitoring of all issues related to RAP implementation. The Project management unit (PPMU) will monitor the land acquisition and resettlement as specified in the Resettlement plan. The PPMU will update implementation progress of resettlement implementation by RAP implementation by regular project implementation progress. Page 21 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 20 - Resettlement Action Plan (RAP) Monitoring indicators 66. Main indicators that will be regularly monitored by PPMU include: (i) Compensation payment to PAPs at compensation rates specified in this RAP; (ii) Delivering entitlements on social support and income rehabilitation to PAPs; (iii) Providing project information to PAHs, meanwhile consulting their opinions in accordance with the procedures specified in this RAP; (iv) Priorities of PAHs about proposed options; (v) Compliance with the complaint redress procedures; (vi) Closely tacking complaint procedures and pending issues that need to be solved by the management unit; (vii) Restoring public works affected. RAP Internal monitoring staffs 67. One official from CPO will be responsible for internal monitoring of RP implementation, including information collection as well as outputs of monthly RP implementation from Nui Thanh DRC; preparing regular internal RAP monitoring reports. The internal RAP monitoring report will have the following contents: (i) Number of affected people classified in type of impacts and the compensation payment and income recovery measures for PAPs; (ii) Budget allocation for compensation activities and the amount paid; (iii) Results of grievance redress reflected in previous monitoring results and appending issues that need supported by the WB management and the project management board; (iv) Difficulties in RAP implementation and solutions applied. VIII.3 External monitoring 68. One condition for effectiveness of the credit is that CPO should hire an independent monitoring organization (IMO) in all project implementation duration. IMO must be an organization which specializes in social science and have experiences in monitoring the resettlement implementation. IMO will start the work after the updated resettlement action plant is approved. External monitoring objectives 69. Objectives of the external monitoring are to: (i) Provide an independent assessment of achievement of resettlement and compensation process. The independent monitoring organization, if necessary, will provide external assistance and technical assistance for the project implementing agencies and RCs; (ii) Contribute opinions to solve up pending and potential issues in implementing recommended programs in this RAP; Page 22 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 21 - Resettlement Action Plan (RAP) (iii) Give an overall assessment on RAP programs with a longer term and wider socioeconomic vision. Monitoring and assessment indicators 70. IMO will undertake to monitor and assess with the indicators as below: (i) Compensation payment: (a) Fully sufficient compensation will be paid to PAHs before land is acquired, and compensation rate should be sufficient to replace affected assets; (b) compensation for affected structures must be equal to replacement costs of materials and labour based on construction standards and construction characteristics without depreciating and deducting values of salvageable materials. (ii) Compliance between resettlement activities and civil works schedule: All activities related to resettlement and land acquisition of any work items must be completed before signing civil works contract for such work items. (iii) Public consultation and awareness improvement about the resettlement and compensation : (a) PAHs should be fully informed and consulted with opinions about activities related to the resettlement, including land acquisition, land lease, and relocation activities; (b) public awareness about the compensation and resettlement policy and entitlements will be assessed among PAHs; (c) assessment of awareness about different options for PAHs as presented in this RAP. (iv) Income recovery : The recovery of production activities of PAHs will be monitored. (v) Satisfaction of PAHs : (a) satisfaction of PAHs to different aspects related to the land acquisition, resettlement and compensation will be monitored and recorded adequately; (b) operation of the grievance redress mechanism, results and efficiency of solutions of grievance redress mechanism will be reviewed. (vi) Living conditions : During the resettlement and compensation implementation process, movements and changes of living conditions of PAHs will be surveyed and monitored. Any potential restricts or difficulties in life rehabilitation and recovery of PAHs will be recorded and reported. Assessment 71. The independent monitoring agency will undertake overall assessment of the resettlement implementation process and its impacts after 6 months when all resettlement activities are completed, with questionnaires and forms that are used for monitoring activities. Page 23 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 22 - Resettlement Action Plan (RAP) Reporting on monitoring and assessment 72. The independent monitoring agency will submit periodic monitoring reports (or in other reporting period as otherwise agreed) to the CPO and the CPO will submit to WB as an appendix to the Project implementation progress report. 73. RAP monitoring report should have the following contents: (i) Discrepancies, if any, to provisions and principles of RAP; (ii) Identifying problems and recommending solutions for the project implementing agency to understand the present situation and enable to handle such problems on time; (iii) Reporting progress of resettlement activities in the reporting period and solutions for pending issues and problems identified in previous monitoring reports. Follow-up activities 74. The monitoring report will be discussed in a meeting between IMO, PPMU and relevant agencies upon the submittal of the monitoring report. Further steps, if necessary, will be carried out based on the problems and pending issues identified in the report and in the meeting. Page 24 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 23 - Resettlement Action Plan (RAP) Appendixes Appendix 1: Estimated budget for compensation and allowance Nr Full Name of PAH Area (m 2 ) Allowance – unit cost /m 2 Amount Note 1 Bui Dieu 3,554.00 6,000 21,324,000 2 Nguyen Van Luan 5,309.00 6,000 31,854,000 Farming shrimp with another HH 3 Tran Van Quang 6,000.00 6,000 36,000,000 4 Do Thanh Tinh 6,000.00 6,000 36,000,000 5 Nguyen Van Dieu 6,389.00 6,000 38,334,000 6 Nguyen Van Tu 5,636.00 6,000 33,816,000 7 Tran Toan 4,222.00 6,000 25,332,000 8 Nguyen Van Toan 8,546.00 6,000 51,276,000 9 Le Ba Thanh 4,765.00 6,000 28,590,000 10 Tran Van Ba 3,746.00 6,000 22,476,000 11 Nguyen Van Dien 5,008.00 6,000 30,048,000 12 Luong Thi Lai 10,434.00 6,000 62,604,000 Farming shrimp with another HH 13 Tran Ky 9,045.00 6,000 54,270,000 14 Tran Van Quoi 5,707.00 6,000 34,242,000 15 Tran Hanh 6,943.00 6,000 41,658,000 16 Nguyen Van Cuong 5,950.00 6,000 35,700,000 17 Bui Công Ba 13,025.00 6,000 78,150,000 18 Tran Thanh Tung 9,552.00 6,000 57,312,000 19 Tran Nga 6,588.00 6,000 39,528,000 20 Vo Van Trien 7,844.00 6,000 47,064,000 21 Dinh Công Huan 3,749.00 6,000 22,494,000 22 Duong Chau 3,427.00 6,000 20,562,000 23 Nguyen Quoc Tho 3,819.00 6,000 22,914,000 24 Luong Van Danh 7,475.00 6,000 44,850,000 25 Tran Thi Bo 7,062.00 6,000 42,372,000 Farming shrimp with another HH 26 Pham Hung 5,588.00 6,000 33,528,000 27 Tran Quang Thong 4,629.00 6,000 27,774,000 28 Nguyen Tuan Kiet 2,032.00 6,000 12,192,000 29 Lê Van Loc 2,498.00 6,000 14,988,000 30 Nguyen Thu 2,465.00 6,000 14,790,000 31 Huynh Van Kinh 2,142.00 6,000 12,852,000 Page 25 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 24 - Resettlement Action Plan (RAP) Nr Full Name of PAH Area (m 2 ) Allowance – unit cost /m 2 Amount Note 32 Nguyen Van Tra 2,142.00 6,000 12,852,000 33 Huynh Van Ky 2,143.00 6,000 12,858,000 34 Huynh Ngoc Anh 2,142.00 6,000 12,852,000 35 Pham Tu 824.00 6,000 4,944,000 36 Dinh Van Tien 2,251.00 6,000 13,506,000 37 Nguyen Du 1,188.00 6,000 7,128,000 38 Bui Ng c Loan 3,264.00 6,000 19,584,000 39 Tran Minh Tam 5,001.00 6,000 30,006,000 40 Nguyen Tan Vu 5,147.00 6,000 30,882,000 Farming shrimp with another HH 41 Nguyen Van Cang 1,870.00 6,000 11,220,000 42 Le Tan An 5,598.00 6,000 33,588,000 43 Duong Sang 2,274.00 6,000 13,644,000 44 Huynh Van Tri 14,400.00 6,000 86,400,000 45 Pham Van Tam 5,380.00 6,000 32,280,000 46 Le Van Thuy 4,776.00 6,000 28,656,000 47 Vo Van Vinh 4,023.00 6,000 24,138,000 48 Huynh Thien 2,314.00 6,000 13,884,000 49 Ngo Van Huynh 2,247.00 6,000 13,482,000 50 Ngo Thi Le 2,855.00 6,000 17,130,000 51 Nguyen Mong Hoang 2,916.00 6,000 17,496,000 52 Tran Thi Tien 1,226.00 6,000 7,356,000 53 Pham Minh Tan 3,847.00 6,000 23,082,000 54 Nguyen Thi Luan 1,366.00 6,000 8,196,000 55 Vo Huu 3,471.00 6,000 20,826,000 56 Vo Thi Nghi 4,759.00 6,000 28,554,000 57 Nguyen Thi Xuan 1,818.00 6,000 10,908,000 58 Nguyen Thi Sac 4,383.00 6,000 26,298,000 59 Luong Thi Tin 3,517.00 6,000 21,102,000 60 Huynh Van Thi 2,142.00 6,000 12,852,000 61 Luong Van Thom 3,871.00 6,000 23,226,000 62 Do Van Nga 2,540.00 6,000 15,240,000 63 Tran Hung 4,376.00 6,000 26,256,000 64 Pham Anh 4,425.00 6,000 26,550,000 65 Phan Van Thanh 4,558.00 6,000 27,348,000 66 Duong Tho 5,396.00 6,000 32,376,000 67 Bui Van Chuong 4,585.00 6,000 27,510,000 68 Tran Kien 2,795.00 6,000 16,770,000 Page 26 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 25 - Resettlement Action Plan (RAP) Nr Full Name of PAH Area (m 2 ) Allowance – unit cost /m 2 Amount Note 69 Bui Ngoc Ty 2,233.00 6,000 13,398,000 70 Nguyen Tap 16,216.00 6,000 97,296,000 Farming shrimp with other 3 HHs 71 Nguyen Du (his wife: Lien) 500,000*9 4,500,000 9 stone-pitching fish- traps 72 Tran Thi Dao 2,269.00 6,000 13,614,000 73 Mai Nhat Thanh 3,814.00 6,000 22,884,000 74 Tran Cong Hien 3,847.00 6,000 23,082,000 75 Tam Giang CPC 11,828.00 6,000 70,968,000 Total 351,186.00 2,111,616,000 Note : There are 07 HHs who share with other HHs in farming shrimps so the allowance is paid to the representative HHs – as presented in the Table above. Page 27 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 26 - Resettlement Action Plan (RAP) Appendix 2: RAP Implementation and civil works plan 2007 2008 2009 2010 I 2 3 4 I 2 3 4 I 2 3 4 I 2 3 4 Implementation of public consultation and promotion of public participation Establishment of PPMU PPMU, with assistance of the consultant, organizes training for resettlement staffs Meetings with RC Carrying DMS Appraising the assistance for income recovery (or income rehabilitation measures) Updating compensation rates and application of entitlements of the project Updating RAP and submitting to WB for approval Informing updated RAP to PAHs and submitting for approval from PPMU. Compensation payment for PAHs External monitoring Awarding contracts for civil works Construction commencement Assessment of actual post-resettlement conditions (6-12 months after the completion of all resettlement activities) Page 28 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District - 27 - Resettlement Action Plan (RAP) APPENDIX 3: SUMMARY OF COMPENSATION IMPLEMENTATION FOR PAHS IN THE SPOIL DUMPING AREA IN TAM QUANG COMMUNE. The area (32ha, belonging to Tam Quang commune) will be used for dumping spoil and sand dredged from the sea harbor of the subproject. This area was recovered by Quang Nam PPC and handed over to Chu Lai Open Economic Zone project management Board (PMB). PAPs in the affected area was compensated by the PMB since 2005. 1. PAPs in the area comply strictly with the compensation, resettlement policies of the PPC. All affected households (100%) have been compensated reasonably, complaints of the affected households have been resolved satisfactorily. 2. According to the DMS data, 130 households rearing shrimp have been compensated and 2 households have been resettled within the commune. Total compensation amount and allowances for PAPs was VND14.3 billion. The total land acquisition area was 32 ha. In fact, most of the affected households rear shrimp as a secondary job (one crop per year only, from 2-3 months). The main occupation of these households is doing sea food business service and fish-catching. Therefore, their income is not much changed as land acquisition, even some households get better- off because they have more capital to invest in their business. 3. Actually, all acquired area (32 ha) was alluvial ground and low fallow land. Local people reclaimed that land by constructing surrounding banks for farming shrimp. No one has LURC provided by local authorities. However, that land was compensated as land with LURC. 4. In the acquired land area, 2 households, Ms. Nguyen Thi Chinh and Mr. Ngo Thong in Trung Toan village, Tam Quang commune had to be resettled. They had received full compensation for their affected assets and allowances for relocation. Currently, they had built new houses in resettlement site in Tam Quang commune. Their lives were stabilized.