SFG2691 V1 REV 2016 ` MEDIUM CITIES DEVELOPMENT PROJECT LAO CAI CITY SUBPROJECT ADDITIONAL FINANCING R E SETTL EMENT P LA N (r p ) ORIENT CONSULTANT AND INVESTMENT FOR INFRASTRUCTURE DEVELOPMENT JSC Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) LAO CAI PEOPLE’S COMMITTEE LAO CAI PROJECT MANAGEMENT UNIT ------***------ RESETTLEMENT PLAN (RP) MEDIUM CITIES DEVELOPMENT PROJECT LAO CAI CITY SUBPROJECT ADDITIONAL FINANCING REPRESENTATIVE OF INVESTOR CONSULTATION UNIT LAO CAI - 2016 OCI – 2016 Page 2 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) LIST OF ABBREVIATION AH Affected Household BQLDA (PMU) Project Management Unit EMDP Ethnic Minorities Development Plan EM Ethnic minorities DTTS Ethnic Minorities DP Dislocated people FS Feasibility Study HH Household NHTG (WB) World Bank ODA Official Development Assistance UBND People’s committee UBNDTP City People’s Committee RP Resettlement Plan RAP Resettlement Action Plan RPF Resettlement Plan Framework PAH Project Affected Household PAP Project-affected people Ha Hectare m Metter m2 Square metter m3 Cubic metter Km Kilometter OCI – 2016 Page 3 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) TABLE OF CONTENT LIST OF ABBREVIATION ....................................................................................... 3 TABLE OF CONTENT .............................................................................................. 4 DEFINITION OF TERMS ......................................................................................... 6 SUMMARY ............................................................................................................... 9 CHAPTER I: INTRODUCTION .............................................................................. 13 1.1. Overview ..................................................................................................... 13 1.2. Information of the Subproject: addtional financing ...................................... 14 1.3. Position of the Component I ........................................................................ 15 1.4. Work items of the roads............................................................................... 15 1.5. Linked projects ............................................................................................ 16 1.6. Map of the proposed construction site ......................................................... 17 CHAPTER II: IMPACTS OF THE COMMPONENT I OF THE SUBPROJECT ..... 18 2.1. Mitigation measures on land acquisition ...................................................... 18 2.2. Scope of land acquisition and PAPs............................................................. 18 2.3. Scope of project impacts on households’ land use ....................................... 19 2.4. Related projects ........................................................................................... 22 CHAPTER III. SOCIO-ECONOMICAL CONDITIONS OF THE AFFECTED HOUSEHOLDS ....................................................................................................... 23 3.1. Methods of social-economical investigation ................................................ 23 3.2. Household demography ............................................................................... 23 3.3. Educational level ......................................................................................... 23 3.4. Job of the PAPs ........................................................................................... 24 3.5. Households’ incomes................................................................................... 25 3.6. Other services .............................................................................................. 26 3.7. Vulnerable group ......................................................................................... 28 CHAPTER IV. LEGAL FRAMEWORK .................................................................. 30 4.1. The Vietnamese Government’s legal framework ......................................... 30 4.2. The WB’s policy on involuntary resettlement (op 4.12) and indigenous people (OP 4.10) ........................................................................................................... 31 4.3. Comparison of the approaches by Vietnamese Government and by the WB 33 4.4. The project’s policy ..................................................................................... 40 OCI – 2016 Page 4 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER V: PRINCIPLES AND POLICIES ON COMPENSATION, ASSISTANCE, AND RESETTLEMENT ................................................................ 44 5.1. Compensation principles and policy .......................................................... 44 5.2. Income restoration measures ...................................................................... 62 5.3. Resettlement demand ................................................................................. 65 5.4. Arrangement of Resettlement site(s) ............................................................ 65 CHAPTER VI: COMMUNITY CONSULTATION AND INFORMATION DISCLOSURE ......................................................................................................... 67 6.1. Objectives ................................................................................................... 67 6.2. Methods of community consultation ............................................................ 68 6.3. Results of community consultation during project preparation..................... 68 6.4. Consultation during Subproject’s Implementation ....................................... 70 CHAPTER VII: GRIEVANCE AND GRIEVANCE REDRESS MECHANISM .. 72 CHAPTER VIII: IMPLEMENTATION ................................................................... 74 8.1. Provincial People’s Committee (PPC) ....................................................... 74 8.2. City People’s Committee (CPC) ................................................................ 74 8.3. Project Management Unit (PMU) .............................................................. 75 8.4. The People's Committee of Commune (PCC) ............................................ 77 CHAPTER IX: MONITORING AND EVALUATION ............................................ 78 9.1. Objectives ................................................................................................... 78 9.2. Internal monitoring ...................................................................................... 78 9.3. Independent Monitoring .............................................................................. 79 CHAPTER X: BUDGET AND EXPENSES............................................................. 81 10.1. Investigation of Replacement price ............................................................ 81 10.2. Recommendations ..................................................................................... 82 10.3. Estimation of total cost .............................................................................. 82 APPENDIXES ......................................................................................................... 86 OCI – 2016 Page 5 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) DEFINITION OF TERMS Cut-off date means the date of the project announcement publicly. Displaced Persons and local communities will be informed of the cut-off date for each Project component, and that anyone moving into the Project Component Areas after that date will not be entitled to compensation and assistance under the Project. Eligibility any person who at the cut-off-date was located within the area affected by the project, its sub-components, or other subproject parts thereof, and would: (i) have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); or (ii) not have formal legal rights to land at the time the census begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan; (iii) not have legal nor recognizable by laws rights to the land they are occupying they live or/and have properties/assets within the project areas before the cut-off date. Persons covered under (i) and (ii) are provided compensation for the land they lose and other assistance at full replacement cost. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set in this RPF, if they occupy the project area prior to a cut-off date. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Replacement cost is the concept (OP 4.12, footnote 11) used to calculate the compensation amount for an asset and involves using current market value plus the transaction costs which may include taxes, fees, transportation, labor, etc. The market value is determined by the PMU confirmed by local authorities in consultation with the DPs. The methods of estimation of prevailing market value should evolve over time to achieve good practice. The final RAP should be determined with the OCI – 2016 Page 6 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) most recent information once the final details are known about the circumstances of displacement. Resettlement is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood. PAP refers to all individuals or organizations, business facilities suffering direct socio-economic impacts by projects financed by the Bank, caused by mandatory acquisition of land and other properties, leading to (i) remove or loss of residential land; (ii) loss of properties or access to properties; or (iii) loss of income sources or means of living, whether the affected people have to move to other place or not. The mandatory land acquisition includes the land ownership when the owner allows and is benefited from ownership/residence in other area. In addition, affected people include those whose livelihoods are negatively affected by mandatory restriction of access to legally designated areas and protected areas; however, this classified type of people is unlikely present in urban area. Vulnerable groups refers to separate groups of people who may be affected by resettlement more severely or who are exposed to the risk of being far from development process of the society due to impacts of resettlement and include the following specific groups: (i) female householders (widows, whose husband is invalid or lack of labor ability, whose family includes the old or children), (ii) invalids or elderly and lonely people, (iii) the poor (whose living standards are under property threshold), (iv) people without land and (v) ethnic minorities. Indigenous people (equivalent to the concept of ethnic minority people in Vietnam) means a separate, vulnerable group of people with separate social and cultural characteristics, having the following features, at various levels: (i) identifying themselves as members of a separate indigenous cultural OCI – 2016 Page 7 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) group and this feature is recognized by other cultural groups; (ii) living in groups in separately geographical areas or in lands inherited from the ascendants in the project area and living closely with natural resources in that residential area and territory; (iii) having separate cultural, social, economic and political institutions compared with similar institutions of the prevailing society and culture, and (iv) having a unique native language, usually different from official language of the nation or region. OCI – 2016 Page 8 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) SUMMARY Introduction While population at cities in Vietnam is rapidly increasing, the provision of infrastructure, especially urband roads, has not kept up with the process of urbanization. This causes adverse impacts on living conditions of the urban residents and hinders economic development of cities. Besides, people living in the cities are facing difficulties in looking for opportunities to increase their incomes due to the lack of linking roads. The Medium Cities Develoment Project in Vietnam (MCDP) was approved by the Minister of the Vietnamese Government at the document No. 602/TTg-QHQT dated 16 April 2010. On 12 January 2012, the Credit Agreement No. 5031-VN was signed between the Vietnamese Government and World Bank. The project used IDA from the WB and counterpart fund from the provincial budget/the assisting fund from the Central government. Objective of the original MCDP is to increase access to improved urban infrastructure services in Lao Cai City, Phu Ly City, and Vinh City in a sustainable and efficient manner. On implementation since 2012, the project is on the right track and steps by steps achieve development indicators. The World Bank has agreed that Lao Cai province can research and propose additional financing for the period 2017-2019. Therefore, the plan for the Lao Cai Subproject: Additional financing is built. One of the proposed components of the Subproject related to land acquisition, therefore a Resettelment Plan is required. Resettlement Plan Resettlement (RP) for the Subproject is built during the feasibility studies, includes: legal framework and entitlements; assests, socio-economical characteristics, category of PAPs; estimation of affected assests; community consultation and activities with people’s participation; plan for monitoring and implementation including grievance redress mechanism; timeline; and budget. The RP will guide all activities of compensation, facilitate land acquisition and resettlement so that the Subproject can be implemented smoothly, ensuring that all the PAPs will be given compensation and/or assistance for their lost assests and are supplied assistance in order to improve their living conditions or at least maintain their previous living standards and be able to generate income like before the project. Scope of land acquistion and resettlement impacts OCI – 2016 Page 9 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) The total area of land acquisition for the Component I of the Subproject will be around 9,5ha (94,097m2) which accounts for 7.3 % of the total area of the four villages in Van Hoa commune where 09 urban roads will cover. - Permanently occupied land: Residential land: 7,992.7m2 Agricultural land: 72,894.5m2 Public land: 13,211m2 From preliminary survey, there are 117 households (HHs) with 454 people will be affected. Among these affected households, there are 61 HHs, who will be affected by residential land acquisition; of which 25 will have to relocate due to majority of the residential land will be acquired. All 117 HHs will be affected by losing 20% or more (10% or more for vulnerable groups) of their agricultural landholding; 09 HHs will be affected by business, of which 3 HHs will be relocated and the rest of six businesses will only be temporarily affected during the construction work; and 33 HHs are of the vulnerable group. Linked projects The screeing results showed that there are no linked projects for MCDP-AF under OP4.12 criteria. Issues of the vulnerable group In the affected area of the Subproject, there are 18 households are of ethnic minorities and 15 households of the vulnerable subjects since they fall into one of these following types: (i) households with female owner who have dependent(s), (ii) households with handicapped person, (iii) poor households, and (iv) households under State sponsor. These households of the vulnerable group will receive special support and/or participate in programs for livelihood restoration of the Subproject. During the implementation of the RP, these housholds will be approached to determine and respond to their specific demand, making sure that the restoration or improvement of their socio-economical conditions is carefully monitored. Socio-economical survey Research has been conducted to understand affected household’s socio-economical situation. Two types of impact are identified, including those households whose residential land and agricultural land will be affected and whose only agricultural land OCI – 2016 Page 10 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) will be affected. Research findings are foundations for calculating demand of relocation, expenses for resettlement, as well as for assistance and income restoration. Legal framework and policy on entitlements The legal framework and policy on entitlements for the creation and implementation of the RP are defined by relating laws, decrees, decisions, circulars of the Vietnamese Government regarding land acquisition, and Involuntary Resettlement policy (OP 4.12) of the WB. These are foundations for the report to propose a specific policy for this project. The main principles applied for the RP are that the PAPs will be fully assisted so that they will have the living standards, income capacity and the level of production which are better than or at least equivalent to before the project. All the PAPs who are living within the project site before the cut-off date are entitled to get compensation/assistance for their losses and to receive assistance to economic restoration. The lack of legal foundation for the land use does not prevent AHs from receiving compensation and assistance. Assets are compensated on the basis of replacement cost. Implementation The task of making compensation, assistance, and resettlement of the Project is directly implemented by the PMU and the Board of compensation, Assistance, and Resettlement. During the implementation, established units need to have close collaboration with the local authorities and the community to make sure that the compensation and land acquisition are transparent, on scheldule, and closely follow up the approved RP. Consultation and Participation The RP has been built with close collaboration of the local authorities, representatives of the local communities, and the affected people. These are consulted through different ways including meeting and community consultation, survey with all households using questionaire. Collected data are foundation for the establishment of the policy on resettlement of the Subproject, including measures of compensation, assitance, and income restoration. Grievance and Grievance Redress Mechanism The Independent Board for grievance redress established by the parent project (MCDP) will continue the process of grievance redress as well as the monitoring of result of the interference of the project. Mechanisim for grievance redress is established to help the affected people to file their complaint and will be resolved OCI – 2016 Page 11 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) according to the policy framework of the Subproject. A specialist from PMU will directly work with the PAHs to unofficially gather information and opinions. This person will also assist the illiterate and /or vulnerable as they explain their complaint. The affected people who file the complaint will not have to pay any fees. Monitoring and Evaluation The implementation of the detailed RP will be examined, evaluated and monitored internally. At the same time, an organization with sufficient capacity will be hired by the PMU to carry out independent monitoring of the RP implementation. This organization will be watched by the WB. Difficulties and arising issues will be indicated and timely resolved. Plan for implementation The RP will be implemented during the project implementation. The site clearance will be estimately implemented from 5 to 7 months, since April 2017. The site clearance must be completed before the contractors implement the construction activities. Budget and expenses The budget for the Component I of the Subproject is estimated at: 72,017,000,000VND, equivalent to 3,186,593 USD (rate exchange at 1 USD= 22,600VND). Fund for the site clearance, resettlement, compensation, and assistance will be from the counterpart fund. The budget includes expenses for compensation/assistance for land, assets, and architectural works affected by the project, income restoration program, assistance for transition, management of implementation, and grievance redress. The budget for the implementation of the RP will be updated at the time of land acquisition. OCI – 2016 Page 12 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER I: INTRODUCTION 1.1. OVERVIEW Overview of the project context: While population at cities in Vietnam is rapidly increasing, the provision of infrastructure, especially urband roads, has not kept up with the process of urbanization. This causes adverse impacts on living conditions of the urban residents and hinders economic development of cities. Besides, people living in the cities are facing difficulties in looking for opportunities to increase their incomes due to the lack of linking roads. The Vietnamese government requested the WB to finance a Medium Cities Development Project (MDCP) in order to facilitate development at three cities of Lào Cai (Lào Cai province), Phủ Lý (Hà Nam province) and Vinh (Nghệ An province). The development objective of the project is to increase access to improved urban infrastructure services in Lao Cai City, Phu Ly City, and Vinh City in a sustainable and efficient manner. Brief overview of the MCDP: The project is implemented in three cities, including Vinh, Phủ Lý and Lào Cai. In Lao Cai city, the Project is implemented with four components: Component 1: Urban Basic Infrastructure Upgrading and Services Improvements; Component 2: Urban Water Supply and Environmental Sanitation; Component 3: Urban roads and bridge; Component 4: Project management support and technical assistance. On implementation since 2012, the MDCP is right on track and steps by steps achieve its developing goals. The MDCP’s work items were and are being invested and brought about great economic outcomes, upgraded people’s living conditions, created momentum for infrastructure development, changed the interface of cities, and graduatelly improved city life in terms of beauty and sustainable development. However, due to the lack of IDA, a number of important invested items of the MCDP in Phu Ly and Lao Cai have not been implemented, causing impacts on the achievement of the Subproject’s objectives. Besides, limitation in the distribution of funds resulted in the fact that some essential components of the Subproject in Lao Cai and Phu Ly have not been included in the MCDP. Lao Cai and Phu Ly proposed the additional financing for IDA to fill in the deduction caused by rate exchange and to boost effects of investments in key components. Phu Ly and Lao Cai asked the WB to continue to provide additional fund to implement these components. The WB has agreed that Hà Nam and Lào Cai provinces can conduct feasibility studies and propose for additional financing for the period 2017-2019. Therefore, the OCI – 2016 Page 13 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Lao Cai Subproject: Additional items are planned for feasibility studies and implementation. 1.2. INFORMATION OF THE SUBPROJECT: ADDTIONAL FINANCING The Lao Cai Subproject: Additional financing has the overall anticipated funding of investment at 36.1 millions USD, including WB’s IDA and IBRD and the Vietnam’s counterpart fund. Source for counterpart fund: Lao Cai is the province under the State’s additional funding plan in the balance of 70%. Based on regulations at item 2 session IV regarding principles, criteria and the quota in distribution of the State’s fund for development investment period 2016-2020, issued with the Decision No. 40/2015/ QĐ-TTg dated 14/9/2015 by the Prime Minister, Lao Cai province asked the Central government to support at 70% of the total counterpart fund for the IDA. For the counterpart fund for IBRD, the province will take from the local budget. The Subproject will be implemented at Lao Cai city of the Lao Cai province. It’s scope includes: Van Hoa and districts of (1) Lào Cai, (2) Phố Mới, (3) Duyên Hải, (4) Cốc Lếu, (5) Kim Tân, (6) Bình Minh, (7) Bắc Cường, (8) Nam Cường, (9) Bắc Lệnh, and (10) Pom Hán. It consists of four components that are equivalent with the MDCP, including: Component 1: Urban Basis Infrastructure Upgrading and Services Improvements  Renovate and invest on infrastructure in Van Hoa (roads, water supply, electric supply, water drainage) Component 2: Urban Water Supply and Sanitation Main activities will include:  Renovate the Lao Cai central lake;  Renovate the drainage system Component 3: Urban roads and bridge  Build a bridge over the Ngoi Dum creek Component 4: Project managemnet support and technical assistance This component will include expenses for consultation, monitoring the construction, support for procurement, management of contracts, monirtoring environment safety, independent auditing, and expenses for the PMU’s operation. OCI – 2016 Page 14 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Detailed proposed work items of the Component I include:  Upgrade and improve services for tertiary infrastructures at communities belong to the 40% of the lowest-income population; narrow the gap in infrastructure with other developed areas of the city.  Construct infrastructure for Van Hoa urban area of the Lao Cai city in order to stablize and upgrade living conditions of the urban residents, contribute to city’s unitary urban management, stablity, and sustainable development. In details, 09 main urban roads in the subproject area with the total length of 6,141m will be constructed, which will cause land acquisition. Roads are designed with Eyc ≥ 110Mpa. The road surface will be made of asphalt concrete with fence and safety signal. The roads also come with the drainage system; the system of clean water supply; lighting; and green trees planted along the roads. The construction of these urban roads of the Component I will relate to land acquitsition and relocation. There are households who will lose all or a part of their residential and/or agricultural land and attached assets. Thus, this Resettlement Plan is built. The RP for the affected people is regulated by the OP 4.12 of the WB. The residents at the project site are benefited from the improvement of the infrastructure, of the total planning, and the capacity building of the project. However, they are, at the same time, affected by land acquisition. The project’s detailed policies and the action plan to mitigate potential impacts caused by land acquisition and resettlement have been specified in this RP. 1.3. POSITION OF THE COMPONENT I The proposed construction site position of the component I will be as follows: - Close to Hanoi-Lao Cai railway to the North East; - Close to the dyke of the Red River to the Southe East; - Hanoi-Lao Cai railway and the road to Pho Moi to the North West: - Close to the dyke of the Red river to the South West. 1.4. WORK ITEMS OF THE ROADS - Urban roads - Grounding - Leveling OCI – 2016 Page 15 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) - Water Drainage system - Water supply - Electric supply - Trees 1.5. LINKED PROJECTS At the present, in Van Hoa, there are several projects under implementation, however according to the criterial set forth in the OP 4.12, they are not linked/related to this project (see more details in the project ESIA). OCI – 2016 Page 16 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 1.6. MAP OF THE PROPOSED CONSTRUCTION SITE OCI – 2016 Page 17 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER II: IMPACTS OF THE COMMPONENT I OF THE SUBPROJECT 2.1. MITIGATION MEASURES ON LAND ACQUISITION For the construction of urban roads in Van Hoa, land acquisition is unavoidable. To realize the principle of avoiding or minimizing impacts on land acquisition and relocation, optimized measures are chose. During the preparation and design of the roads, position and area of work items have been thoroughly selected to minimize land acquisition from households. Mitigation measures are applied and suitable methods for compensation for affected households are proposed. Impacts of land acquisition for the Component I of the Subproject affect 4 out of 11 villages in Van Hoa Commune. Group discussions between resettlement consultants, local authorities, and affected households were conducted to propose mitigation measures for the positive and adverse impacts of land acquisition and relocation. The design of the 09 urban roads was carefully planed in order to minimize land acquisition, especially residential land. For affected households and individuals, information distribution to the PAPs to help them understand location, benefits and impacts of the project, as well as mitigation measures to minimize adverse impacts. At this stage, the households are informed so they can prepare in terms of material and mental response for unexpected impacts. Consultants have consulted the whole area of the project to (i) disclose information of the project, and (ii) inform of some impacts of the land acquisition and measures for compensation and resettlement. After being consulted and asked for opinion, people expressed their strong support for the project and hoped that the project would soon be implemented. 2.2. SCOPE OF LAND ACQUISITION AND PAPS Work items of the Commponent I of the Subproject will take place within 4 villages of Van Hoa Commune. The 4 villages affected by land acquisition include: Canh Chin, Giang Dong, Giang Dong 2, and Canh Dong. From July to August 2016, surveys on social-economic conditions of most AHs were conducted. Surveys and investigation were conducted in conjunction with staffs of the local authorities. The gathered information acts as foundation for identifying impacts of the land acquisition and the suitable measures to assist the PAPs to restore their losses. OCI – 2016 Page 18 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Preliminary research reveals that there are 117 households will be affected at different level. Most of these households are affected in term of cultivated land. There are 61 households whose residential land is affected. Preliminary research found that 7,992.7 m2 of the residential land will be taken for the construction of the roads of the Component I. Many households will lose their houses and architectural items/structures. Regarding the legal status of the land posession, most households have the legal ownership over their land. Table 1. Legal status of household’s land Number of affected No. Legal status households 1 Land with certificate of ownership 114 Land without legal certificate of ownership but the 2 2 owners are eligible to apply for it Land without legal base to be granted the certificate 1 3 of ownership 4 Long-term rent land from the State 0 Total 117 Source: Data from socio-economical research July and August 2016 2.3. SCOPE OF PROJECT IMPACTS ON HOUSEHOLDS’ LAND USE Within the project area, there are 72,894,5m2 agricultural land (including land for rice, crops, vegetable, planted forest, and garden), 7,992.7m2 residential land, and 13,894.4m2 of other types (including public land, land without ownership, and aquacultural land). The total area of the four affected villages Giang Đông, Giang Đông 2, Cánh Chín and Cánh Đông is about 130 hectares thus the land aquisition for the subproject would only account for 7.3%. OCI – 2016 Page 19 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Table 2: Affected Land and Assets1 Scope Area (m2) Quantity 1. Permanently occupied land 94,781.6 - Residential land 7,992.7 - Agricultural land 72,894.5 - Other (public land, aquaculture, land 13,894.4 without ownership) 2. Affected assets House: 5,200 Normal house (main and supplementary): 75 3,780 Wood house: 5 520 Three-storey house: 1 900 Structures: 2,600 Cages, barns (m2) 1,160 Fence (m2) 480 Water container (m3) 760 Well (m) 200 - Perennial trees 5,450 - Crops (vegetable) 7,283.4 - Aquaculture 3,226.5 - Rice 30,801.2 - Graves 5 Source: Socio-economical survey July-August 2016 Based on preliminary research2, there are 117 households with 454 directedly affected by the project. Within the project area, there are 25 households who will lose over 50% of their residential land, among them 09 HHs will lose almost 100% of the 1 . Investigation and assessment of impacts are preliminary, conducted at the time of making the report and not based on finalized detailed design and the setting of construction boundary lines. Details of impacts at household level will be assessed and updated during later stage of scaling and measuring. 2 . Final data are unavailable during the FS. OCI – 2016 Page 20 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) residential land; all these HHs’ remaining land is not enough to rebuild houses so relocation is required. Besides, there are 4 households whose residential land will be affected from 20% to less than 50% and 32 households whose residential land will be affected at less than 20%; all these HH’s remaining land is enough to rebuild houses so relocation is not required. There are 18 HHs of ethnic minorities who are affected by acquistion of residential and/or agricultural land. For ethnic minorities households, an EMDP has been produced in a separated report and will be implemented with this RP. Table 3 show details of the PAPs. Table 3: Affected households and people Impact types Quantity of Quantity AHs of PAP - Residential and cultivated land 117 454 - Over 20% cultivated land affected 117 454 - Vulnerable groups 33 122 - Crops and trees 117 454 - Households to be relocated 25 97 - Houses and structures 61 240 - Home business affected 09 20 For the construction of the 09 urban roads, the distribution of the PAPs is uneven. The village with largest number of PAPs is Cánh Đông, with 44 AHs and 178 PAPs and the village with least number is Giang Đông with 12 AHs and 35 PAPs. Table 4: Distribution of the PAPs Name of the Affected villages Affected subject component Quantity of Quantity of Percentage AHs PAPs % Component I: Cánh Chín 32 127 28 Upgrading Giang Đông 12 35 7,7 infrastructure and improving services Giang Đông 2 29 114 25,1 Cánh Đông 44 178 39,2 Total 117 454 100 OCI – 2016 Page 21 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 2.4. RELATED PROJECTS At the present, in Van Hoa, there are several projects under implementation, however according to the criterial set forth in the OP 4.12, they are not related to this project. The mentioned above projects are: 1. Construction of the Dyke of the Red River. 2. Construction of the D2 urban road. 3. Construction of the Van Hoa’s Resettement site No. 2. These projects are under different stages of implementation. However, according to OP 4.12’s criteria, even these projects are not taking place, MCDP-AF Project stills satisfies conditions required by the WB policies and achieves anticipated objectives. (See more information in the ESIA). OCI – 2016 Page 22 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER III. SOCIO-ECONOMICAL CONDITIONS OF THE AFFECTED HOUSEHOLDS 3.1. METHODS OF SOCIAL-ECONOMICAL INVESTIGATION The methods of investigation of project impacts on households include participatory rapid appraisals and consultation, using techniques of site and household visits, public meetings, and the household socio-economic survey. For survey sampling, ''Convenience sample'' was chosen. Preliminary study revealed 117 households to be affected. 100% affected households were approached and representatives of these households completed the survey in the form of a questionaire. In-depth interviews were conducted with selected PAPs to evaluate levels of impacts, also for identifying potential issues from project implementation. 3.2. HOUSEHOLD DEMOGRAPHY The approach of preliminary research is to enable community’s participation during the preparation of the RP. The PAPs were interviewed, joined in groups discussions, and contributed their ideas to the project. Research findings show that the total number of PAPs is 454, belonging to 117 households in which there are 213 men and 241 women. Average number of people in each family is almost 4 (3.88). There are 69 households with male householders (59%) and 48 with female householders (41%). Among 18 EM households, the number of male householder doubles the number of female householders. 3.3. EDUCATIONAL LEVEL The educational level of the PAPs is relatively low. This information reveals that the quality of the education of the labour at the Subproject’s area is not really good, limits the competitiveness at the job market. The following table shows the education of the PAPs. OCI – 2016 Page 23 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Table 6: Education of the PAPs No. Level Percentage Quantity (%) 1 Illiterate 4 0.88 2 Primary school 306 67.4 3 Secondary school 117 25.7 4 High school 22 4.85 5 Post High school 2 0.44 6 College 3 0.66 7 Post graduate 0 0 Total 454 100.0 Among the affected, 4 are iliterate, belonging to different ethnics and over 70 years old; those with highest percentage are holders of primary school qualification; only 3 obtained college or university qualifications. Among interviewed families, children, no distinction being male or female, enjoy the equal opportunity to schooling. 3.4. JOB OF THE PAPS For the PAPs in their working age, the structure of profession is as follow: there are 349 in their working age of which 205 are male accounting for 58.7% and 144 are female accounting for 41.3%. Within these, 213 accounting for 61% are working on farm. Those who see themselves as free workers are 79 accounting for 22.6%. These are those who work as seasonal hired labour, either as farmers or doing other jobs without permanent income. Some find their job as hired labour at the border or running small trade and send money home. This reflects the actual trend that the area of cultivated land is being narrowed. At the same time, many householders said they no longer had cultivated land because they sold it or changed the purpose of usage. Those with permanent income are state cadres but only few. There are 09 households doing some kind of business at home, either running small convenient shops or producing food or beverage. Within these 09 households, 03 have to relocate while other 06 whose residential land is partly affected. One household turns their home into a hotel and it is operating now. Thus, doing business or providing services are one of activities to generate incomes. OCI – 2016 Page 24 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Among 61 asked households whose residential land is affected, 58% see themselves as having average income, 30% as having lower income while only 6.7% agreed that their income was good. Observation reveals that families do not invested dedicatedly on land surrounding their house. This suits the in-depth interviews since many households revealed that they did not expect from income from working on garden since the lack of water and it was hard to sell the product. At the same time, many households no longer have any land for planting rice and if they have, they do not consider that as the main source of income. Those households with high income often have one or more members who have good education and are working at well-paid offices or companies either within or without the locality. Other details of the job of the PAPs can be seen in the following table: Table 7: Distribution of job No. Types of job Quantity Percentage 1 Farming 213 61 2 Free workers 90 25.8 3 Trading or providing 18 5.2 services 4 Cadre 7 2.0 5 Housewife 13 3.7 6 Driver 8 2.3 Total 349 100 3.5. HOUSEHOLDS’ INCOMES For all the AHs, their average income is 7,127,000VND per month. There is a difference between households with male holders (5,900,000 VND per month) and households with female holders (5,700,000VND per month). Average income of the majority Kinh households is at 7,400,000 VND per month, higher than the EM households who have 5,100,000VND per month. Average income of each household member is 1,836,693 VND per month. Average income of the Kinh is 1,907,812 VND per month, higher than the EM who have 1,311,428 VND per month. OCI – 2016 Page 25 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Table 8: Main incomes of the AHs No. Types of household members’ Sources of Identification Percentage of incomes income of the main the main source of source of income income 1 Salary 12 9 75 2 Pension 9 5 55 2 Wage for free workers/hired 53 31 58 persons 3 Agricultural production 79 61 77.2 4 Business and services 9 9 100 5 Subsidy by State policy 15 2 13 6 Subsidy by children 6 6 100 Within 117 AHs, the majority have different sources of income at the same time thanked to different types of work. There are some households that no one participates in agricultural production because they have other prefered jobs or they are out of working age. Among 79 households that are doing agricultural work, 61 (77.2%) agreed that agricultural production brought them the main income. Among 53 house holds whose members are working as free workers or hired persons, 58% answered that this type of work generated the main income. Meanwhile, for households running home business, 100% agreed that this is their main source of income. Therefore, there are 61 out of 117 (over 50%) of the households whose main income is from argriculture; 26% have the main income from members working as free workers; 7,6% get the main income from doing home business. According to the regulation of the poverty level set by the Vietnamese Government, these affected households can be divided into three groups. The first are poor households whose average income of each member is under 700,000VND per month. According to the data gathered from the interview, 3 households are under this category, account for 2,56%. The second group are near-poor households whose average income of each member is from 700,000VND to 1,000,000VND. 5 are under this category, takes for 4,2%. The rest is made up of 109 households, at 93,17% whose average income of each member is over 1,000,000VND per month. 3.6. OTHER SERVICES - Regarding healthcare: OCI – 2016 Page 26 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) The Commune's healthcare station has basic equipment and opens daily for the local people. National programs to improve community health such as HIV/AIDS, disease control, Vitamin A for kids, immunization, healthcare for mums and children, etc. are implemented regularly. EM women and children are all benefited from these programs. However, many households do not seek services from the local healthcare station since the answer they often receive is “running out of medicine”. They choose to visit health centres in the city with better services and medicines are always available. - Among 61 households whose residential land is affected, 25% agreed that all living conditions, including housing, travelling, social security, schooling for children, doing home business, healthcare, chance to get job are good; 65% agreed that everything was at average level; and the rest 10% asserted that their living conditions were low. Among all 117 AHs, 87% chose the average level for their living conditions; 6% see them as being low; and 19 agreed that they had good living conditions. Overall, the level of satisfaction with living conditions was average. This relates to the positive support to the Subproject since they expected that it would bring about improvement in all aspects of their life. - Regarding energy and clean water: (i) Energy: 100% of the AHs are using electricity for lighting. For cooking meals, most use gas, electricity, and wood. (ii) Clean water: There is a low percentage of AHs who can use clean water for daily needs Table 9: Energy and Water Usage No. Source of energy and water Quantity of Percentage AHs % 1 National electricity network 117 100 2 Water Clean water supplied by state 14 11.9 company Drilling-back wells 24 20.5 Traditional wells 64 54.7 Other sources 15 12.8 Total 117 100 Source: Socio-economical survey July-August 2016 OCI – 2016 Page 27 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) - Sanitation: Most of the AHs are using standard toilets (86%) yet some are still using temporary toilets (14%). Thus, there are a part of AHs are still using non-standard sanitary system and this negatively affects their health and life quality. 3.7. VULNERABLE GROUP Different types of vulnerability are detected during the survey. These households are found in four affected villages and the common features are that in each of these households, there is at least one member who cannot work like ordinary people and they have low income. Besides, EM households are also listed in this group. There are total 33 households of the vulnerable group. They account for 28% of the total 117 AHs. Table 10: Vulnerable households affected Category Quantity PAPs Percentage Severely- Relocation of AH affected required agricultural land EM 18 70 15.4 18 5 State sponsored 6 25 5.1 6 1 (war invalid, war dead; contributors to the Revolution) Poor (with 1 4 0.8 1 0 certificate issued by the local authorities) Female 5 15 4.2 5 2 householders with dependents With member as an 1 3 0.7 1 0 Orange agent With a handicapped 2 6 1.7 2 1 member Total 33 123 28 33 9 Source: Socio-economical survey July-August 2016 OCI – 2016 Page 28 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Among 18 EM affected households, there are 09 whose residential and/or agricultural lands are affected and 09 only have their agricultural land affected. Among 09 AHs whose residential land affected, 03 lose 100% and other 2 have over 50% of their land affected, thus must be relocated. Among 06 households under State sponsor policy, 01 household have to relocate while other 5 only have parts of their agricultual land affected. Among 02 households with handicapped persons, one has to relocate. Among households whose female holders have dependents, 02 will be relocated while other 03 only have parts of their agricultural land affected. These are households that need special care and should be given priority in programs designed for income restoration, additional support, and relocation demand. OCI – 2016 Page 29 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER IV. LEGAL FRAMEWORK 4.1. THE VIETNAMESE GOVERNMENT’S LEGAL FRAMEWORK 4.1.1 Policy on land acquisition The legal framework of the Vietnamese government here refers to laws, decrees, decisions on land acquisition, compensation and resettlement and regulations of each province/city, including:  Land Law No. 45/2013/QH13 approved by the 13th National Congress of the Socialist Republic of Vietnam on 29 November 2013;  Law on construction No. 50/2014/QH13 approved by the 13th National Congress of the Socialist Republic of Vietnam on 18 June 2014;  Decree No. 47/2014/NĐ-CP, issued on 15 May 2014 stipulates on compensation, assistance, resettlement when the State implements land acquisition;  Circular No. 30/2014/TT-BTNMT, issued on 15 May 2014 on regulations of profile in land allocation, transfer, rent, change in purpose of land use and land acquisition;  Decree No. 44/2014/NĐ-CP, issued on 15 May 2014 by the Government on land price.  Decree No. 84/2007/NĐ-CP, issued on 25 May 2007 on additional regulations on providing certificate of land possession, land acquisition, procedures and order on compensation and resettlement when the State implements land acquisition and grievance redress on land;  Law on grievance passed by the National Assembly on 15 June 2004. A number of Decision and policy issued by the Lao Cai People’s committee:  Decision No. 13/2015/QĐ-UBND on 09 April 2015 by the Lao Cai People’s committee on regulations of some contents in compensation, assistance, resettlement when the State implements land acquisition in Lao Cai province;  Decision No. 17/2015/QĐ-UBND on 22 April 2015 by the Lao Cai People’s committee on regulations on compensation price of affected house and architectural items when the State implements land acquisition in Lao Cai province;  Decision No. 19/2015/QĐ-UBND on 25 April 2015 by Lao Cai People’s committee on compensation price for affected crops and aquaculture when the state implements land acquisition in Lao Cai province; OCI – 2016 Page 30 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP)  Decision No. 3175/QĐ-UBND on 06 November 2012 by Lao Cai People’s committee on approval of alternative price applied in compensation, site clearance of the MDCP- Lao Cai Subproject using WB’s loan;  Decision No. 11/2016/QĐ-UBND on 02 March by Lao Cai People’s committee stipulates on adjustment of coefficient on land price in 2016 in Lao Cai province; Generally speaking, Land law 2013 and new decrees by Vietnam on compensation, assistance and resettlement when the state implements land acquisition have met most policy objectives of the WB on involuntary resettlement. 4.1.2. The Vietnamese Government’s policy on the EM For the EM, the Vietnamese Government’s policy has been built on the basis of respect, equality, unity and mutual assistance among different ethnics. The application of socio-economical policies for each region or ethnic with consideration on the EM’s needs is required. Plans and strategies for socio-economical development in Vietnam are integrated with special consideration on the EM. Large-scaled programs are designated for the EM such as Program 135 (infrastructure for poor, rural and remote areas), Program 134 (eradication of temporary houses). Besides, there are policies on education and healthcare for the EM. 4.2. THE WB’S POLICY ON INVOLUNTARY RESETTLEMENT (OP 4.12) AND INDIGENOUS PEOPLE (OP 4.10) 4.2.1. Involuntary Resettlement (OP 4.12) The main objective of the WB policy is to make the most use of alternative measures to avoid or mitigate involunrary resettlement. When resettlement is unavoidable, living conditions of the relocated people have to be restored or improved in comparison to the conditions prior to the project. Applied policy on land acquisition and other assets which cause lost of residential place, the lost of parts of or all the materials for production, or assess into these, and the lost of incomes as well as other types of livelihood. The World Bank's experiences indicate that involuntary resettlement caused by development projects if unmitigated often causes severe economic social and environmental risks. Production systems are broken; people face the impoverishment when their productive assets or income sources are lost; people are relocated to new environments where their productive skills may be less applicable and the competition for resources is greater; community institutions and social networks are weakened; kin groups are dispersed; cultural identity, traditional authority, and the potential for OCI – 2016 Page 31 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) mutual help are diminished or lost. Thus the World Bank's policy regulated by OP 4.12 includes safeguards to address and mitigate these impoverishment risks. The basic guiding principles of the World Bank resettlement policy are: (a) Involuntary resettlement should be avoided as much areas as possible or minimized by bringing out optional measures in the process of technical design; (b) Wherever involuntary resettlement is unavoidable, resettlement activities should be aware of and executed as sustainable programs, necessary to supply enough investment sources to help adversely affected persons to share project's benefits. Directly or indirectly affected persons must be consulted and participated in the process of planning and implementing resettlement programs; (c) DPs' efforts must be assisted to improve their living condition and income, or at least to recover as same as their previous living standard before the Project is implemented. 4.2.2. Policy on indigenous people (OP 4.10) According to the OP4.10: - “The overall objectives of the Bank for ethnic minorities as well as for all residents of member countries are to ensure that the development process fully respects dignity, human rights and their cultural characters. Specifically, the key objective of this guideline is to ensure that the ethnic minority is not to suffer from adverse impacts of development process; especially impacts of the projects funded by WB and ensure that they shall enjoy fair socio-economical benefits and cultural benefits”; - WB’s policy is that the strategy on handling ethnic minority-related issues must be based on willingness of such ethnic minority groups. Therefore, determining priorities of locality through direct consultation, integrating local knowledge into project development and utilization right from the beginning by experienced experts are the core activities of any project which may affect ethnic minorities and their benefits for natural resources and economics." The term Indigenous Peoples refers to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: - Self-identification and identification by others; - Collective attachment to land and natural resources; OCI – 2016 Page 32 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) - Customary cultural, economic, social or political institutions that are separate from those of the dominant society and culture; and - Indigenous language is often different to the mainstream language of the region or the country. As a prerequisite condition to approve projects, OP 4.10 asks the borrowers to implement consultation and information distribution to the EM who may be affected and establishes a larger community assistance model for projects and its objectives. The important thing to note is that OP 4.10 mentions social groups and community, not the individual. Main objectives of the OP 4.10 are: - To make sure these groups are provided opportunities to participate in the project’s action plan which has impacts on them; - To make sure that these groups have opportunity to receive relevant cultural benefits; and - To avoid adverse impacts of the project, if not to mitigate and minimize those impacts. In this project’s context, EM groups in the affected areas are able to receive long-term benefits via improvements of the infrastructure, overall planning, and capacity building, yet they may also be adversely affected by land acquisition or displacement. Specific policy and action plans to mitigate potential impacts from land acquisition and resettlement will be resolved through the preparation of this RP. 4.3. COMPARISON OF THE APPROACHES BY VIETNAMESE GOVERNMENT AND BY THE WB There are differences between the Government of Vietnam’s Laws, policies, regulations related to land acquisition/resettlement, and the World Bank’s OP 4.12 on Involuntary Resettlement. The following table highlights the key differences in order to establish a basis for the design of the principles to be applied for compensation, assistance and livelihood restoration support for the affected households, which will be applied under this project. OCI – 2016 Page 33 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Comparison of Vietnamese Government’s and WB’s policies on compensation, assistance and resettlement and proposed policies for Lao Cai city sub-project World Bank’s OP Subjects Government of Vietnam Approach/Project Measures 4.12 Land Property Objectives PAPs (Project Not mentioned. Livelihoods and income sources will be restored Affected Persons) However, there is a provision of support to be considered by in real terms, at least, to the pre-displacement should be assisted PPC to ensure they have a place to live, to stabilize their levels or to levels prevailing prior to the in their efforts to living and production. (Article 25 of Decree 47). beginning of project implementation, whichever improve their is higher. In case the amount of compensation/support is not enough livelihoods and for resettled people to buy a minimum resettlement standards of living plot/apartment, they will be financially supported to be able or at least to restore to buy a minimum resettlement plot/apartment (Article 86.4 them, in real terms, of Land Law 2013 and Article 27 of Decree 47) to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher OCI – 2016 Page 34 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) World Bank’s OP Subjects Government of Vietnam Approach/Project Measures 4.12 Support for Financial Only agricultural land used before July 1, 2004 is eligible for Only agricultural land used before July 1, 2004 affected assistance to all compensation. Other cases may be considered for assistance is eligible for compensation. Other cases will be households who project affected by PPC if needed. assisted at 60% of replacement cost have no persons to achieve recognizable legal the policy objective right or claim to (to improve their the land they are livelihoods and occupying standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher) Compensation for Compensation at PPC considers the Article 25, Decree 47. Compensation at full replacement cost will be illegal structures full cost for all given for all structures affected, regardless of structures legal status of the land and structures regardless of legal status of the PAP’s land and structure OCI – 2016 Page 35 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) World Bank’s OP Subjects Government of Vietnam Approach/Project Measures 4.12 Compensation and supports Methods for Compensation for Compensation for lost assets is calculated at price close to Independent appraiser identifies replacement determining lost land and other transferring the assets in local markets or the cost of newly- costs for all types of affected land, which are compensation rates assets should be built structures. Provincial People’s Committees are granted appraised by land appraisal board and approved paid at full to identify Compensation rates for different categories of by Provincial People’s Committees to ensure full replacement costs. assets. Independent land valuator can be used to determine replacement costs. land prices, which will be appraised by land appraisal board before Provincial People’s Committee approval, etc. Compensation for Loss of income In article 88 of the Land Law 2013, only support for All income losses are to be compensated and, loss of income sources should be registered business households losing income. In addition, where necessary to achieve the objectives of the sources or means compensated income restoration measures will also be provided (Article policy, development assistance in addition to of livelihood (whether or not the 19, 20, 21, Decree 47) compensation will be provided. affected persons must move to another location) OCI – 2016 Page 36 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) World Bank’s OP Subjects Government of Vietnam Approach/Project Measures 4.12 Compensation for It is good practice The provision of Article 88, Land Law 2013; Article Social assessment has been undertaken and indirect impact for the borrower to 19,20,21,22,23,24,25 of Decree 47. measures identified and being implemented to caused by land or undertake a social minimize and mitigate adverse impacts, structures taking assessment and particularly upon poor and vulnerable groups. implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Livelihood Provision of Livelihood restoration and assistance measures are provided Provision of livelihood restoration and restoration and livelihood (Article 19,20, 21, 22, 23, 24, 25 of Decree 47) assistance measures to achieve the policy assistance restoration and objectives. These will be monitored as detailed No follow-up for full livelihood restoration after resettlement assistance to in the RAP completion achieve the policy objectives Public consultation and information disclosure OCI – 2016 Page 37 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) World Bank’s OP Subjects Government of Vietnam Approach/Project Measures 4.12 Participation in Focus mostly on consultation during planning (consultation Consultation and participation incorporated into planning and on draft plan of compensation, assistance and resettlement RAP design, along with information sharing implementation, and plan for training, career change and facilitating job with PAPs and stakeholders. specially searching); information sharing and disclosure. confirming the eligibility criteria for compensation and assistance, and access to Grievances Redress Mechanisms Grievance redress mechanism Grievance redress The same governmental body makes decisions on More effective Grievance and Redress mechanism should compensation and resettlement, and also handles grievances mechanisms are to be established, built on the be independent. at the first step. existing governmental system, with monitoring by an independent monitor. However, complainants can go to court at any steps as PAP wishes. Monitoring & Evaluation OCI – 2016 Page 38 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) World Bank’s OP Subjects Government of Vietnam Approach/Project Measures 4.12 Internal and Citizens are allowed to supervise and report on breaches in Both internal and external (independent) independent land use and management on their own (or through monitoring is to be regularly maintained (on a monitoring are representative organizations), including land recovery, monthly basis for internal and biannual basis for required compensation, assistance and resettlement (Article 199, Land independent monitoring). Law 2013). An end-of-project report will be done to assess There are no explicit requirements on monitoring of the compliance of the policies set forth in RP and to resettlement works, including both internal and independent confirm whether the objectives of OP 4.12 have (external) monitoring. been achieved or not. OCI – 2016 Page 39 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Vietnam is a country member of the World Bank, the Government of Vietnam has committed that should the international agreements signed or acceded to by Vietnam and the World Bank contains provisions different from those in the existing resettlement legal framework in Vietnam, the provisions of the international agreements with World Bank shall prevail. According to Clause 2, Article 87 of the Land Law 2013: "For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, assistance and resettlement that framework policy shall prevail.” The waiver provisions were pre-described in Article 46, paragraph 1 of the Decree No. 38/2013/ND-CP. Resettlement policy framework confirms that in approving this instrument, the Government of Vietnam and Lao Cai Provincial People's Committee grant the waivers to the relevant provisions of the Vietnam law that contradict or are not consistent with the objectives set forth in the Resettlement Policy Framework. The measures taken to resolve these differences and compliance with the WB’s policy on involuntary resettlement are addressed under RPF and applied to this RP. 4.4. THE PROJECT’S POLICY 4.4.1. Objectives of the policy The overall objective of the compensation and entitlement policy of the Subproject is to ensure that all project affected people can restore their living conditions as before the project is implemented. The compensation will be made based on the principle of replacement costs while the form of additional assistance will also be provided, depending on the level of impact. 4.4.2. The PAPs The PAPs are: a. Those whose house and/or assets are affected partly or entirely by the project; b. Those whose agricultural land and/or residential land are affected partly or entirely affected (permanently or temporarily) by the project; c. Those whose trees and crops (annual or perennial) are partly or entirely affected by the project; d. Affected people due to land acquisition for building resettlement site for the DPs of the project. Ineligible PAPs are those who move to reside in the project site after the cut-off date. PAPs are classified into two groups: the marginally affected and the severely affected. The severely affected are households or persons who: (i) lose 20% or more (10% or more for vulnerable group) of their total agricultural landholding; (ii) have to relocate; OCI – 2016 Page 40 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) and/or (iii) business affected. Severely-affected households and persons and those belong to the vulnerable group will need special assistance to achieve the objectives of the RP. 4.4.3. Principles for Resettlement Policy These principles will apply for this project: (a) The land acquisition and asset impacts as well as resettlement of DPs must be minimized as much as possible; (b) All PAPs residing, working, doing business or doing farming on land, which will be acquired by the Subproject, before the cut-off-date are entitled to rehabilitation measures sufficient enough for them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to acquired land will not bar PAPs from the entitlement to access such rehabilitation measures; (c) The rehabilitation measures to be provided are: (i) compensation at replacement costs without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land will be compensated with land with equal value, but not exceed the acquired land, acceptable to the PAPs and the types of trees or plants; (iii) replace the residential land (if available) with the same scope, and acceptable to the PAPs; (iv) assistance for relocation and living conditions, and (v) assistance to restore income or livelihood. (d) Replacement residential and agricultural land will be as nearby affected land as possible and acceptable to PAPs. In case acquired land includes minor fractions of land (i) less than 20% of total agricultural land of a land-based households and in case of vulnerable peoples -less than 10% (ii) smaller than the standard area for residential to be resettled, cash compensation may be applied at the choice of PAPs or if there is not available land for "land-for-land" compensation; (e) The resettlement transition period should be minimized and the rehabilitation means shall be provided to PAPs no later than one month prior to the expected start-up date of works in the respective project site; (f) Plans for land acquisition and other assets and provision of rehabilitation measures must be carried out in consultation with PAPs to ensure minimal disturbance. Entitlements shall be provided to PAPs no later than one month prior to the expected start-up of works at the respective project site; (g) The previous level of public services and resources shall be maintained or improved; (h) Budget for land acquisition, resettlement and rehabilitation shall be available in the project implementation stages. Physical resources for OCI – 2016 Page 41 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) resettlement and rehabilitation shall be available when there is requirement of resettlement and rehabilitation. (i) The WB shall not approve any construction contracts for any subprojects financed by the WB loans unless the Government satisfactorily completes and abided by clauses of approved RP for compensation payment of such subprojects and ensures that compensations and rehabilitation assistance funds are available prior to the starting of civil works. Entitlements will be provided to PAPs no later than one month prior to expected start-up of works at the respective project site. (j) Institutional arrangements must ensure the effective and timely design, planning, consultation and implementation of the Resettlement Plans (RP). (k) Appropriate reporting, monitoring and evaluation mechanisms shall be identified and set in place as part of the resettlement management system. Evaluation of the land acquisition process and the final outcome will be conducted independently by the executing agencies. 4.4.4. Eligibility The cut-off-date means the date of the project announcement publicly. Any person who at the cut-off-date was located within the area affected by the project, its sub-components, or other subproject parts thereof, and would: (i) have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); or (ii) not have formal legal rights to land at the time the census begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan; (iii) not have legal nor recognizable by laws rights to the land they are occupying they live or/and have properties/assets within the project areas before the cut-off date. Persons covered under (i) and (ii) are provided compensation for the land they lose and other assistance at full replacement cost. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set in this RP. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. 4.4.5. Policy applied for this project Policy on entitlements applied for the PAPs because of land acquisition and impacts on houses and other assets of the MCDP-Lao Cai Subproject: additional items sponsored by the WB will follow the Resettlement policy framework of the project approved by the Vietnamese Government at Document No. dated . This framework also applies for other activities relating to resettlement that is (a) directed related to the OCI – 2016 Page 42 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Subproject; (b) necessary to achieve the objectives of the Subproject; and (c) has been implemented or has a plan to run in parallel with the Subproject. OCI – 2016 Page 43 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER V: PRINCIPLES AND POLICIES ON COMPENSATION, ASSISTANCE, AND RESETTLEMENT 5.1. COMPENSATION PRINCIPLES AND POLICY 5.1.1. Entitlements PAPs with elibility to receive compensation and assistance include: a. Those with legal ownership on land or other assets; b. Current PAPs who have not the legal ownership on land or other assets but have foundations to ask for legalization of this legal right according to Vietnam’s laws, basing on the storage of related documents such as bills of tax on land, cerficate of residency or the permission issued by the local authorities on possession or use of the project-affected land; and c. Those without legal ownership or foundations to ask for legal ownership on the land that they are using. PAPs of the (a) and (b) will receive compesation for affected land and other assets and other forms of assistance. Those under the (c) catergory will receive assistance for resettlement in stead of official compensation for their cultivating land and assets, if necessary, to ensure the objectives of the Policy set above, if they use land and assets before the cut-off date. All the PAPs with assets or live in the area occupied by the construction before the cut-off date will be entitled to compensation for losses. Those who lose income and/or livelihood will be fully eligible to receive assistance for livelihood restoration according to eligibility set forth by the Project, with consultation with the PAPs. Specific entitlements: a) Levels of compensation will be indentified on time and with consultation based on independent evaluation of land/assets attached to land. All fees and tax regarding land transfer and/or house will be exempted, or will be located in the compensation packet for land and structure and/or house or business. The local authorities will ensure that the PAPs who relocate by themselves will receive the right to ownership of assets and other certificates according to the same regulations as compensation packet for those who choose to relocate to the resettlement site proposed by the project without paying for any arising fees. b) Land will be provided in the Resettlement site for those who have to be relocated or cash compensation at the choice of the PAPs whenever possible. Those who lose more than 20% of the cultivated land may need additional assistance to restore their livelihood. These principles will also apply for the poor and people of the vulnerable group who lose 10% or more than 10% of OCI – 2016 Page 44 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) their cultivated land. c) PAPs who choose to receive land in the Resettlement site will be assigned a standard slot that is near their previous place and the sum of adjustment in cash for the uneven area of the lost land in comparison with the area of land in the Resettlement site. The resettlement site will be designed and built on the basis of consultation with the DPs. All the basic infrastructure such as water drainage system, clean water, electric and telephone wire will be supplied. d) PAPs who choose to the cash compensation method will be compensated in cash at replacement cost. They will be assisted for livelihood restoration and for self-help relocation. e) The level of compensation for houses, commercial structure, or other structures will be calculated according to replacement cost without the discount and the reusable materials. Price of all the structures will be separetely set. If the level of compensation is determined according to the type of structures, the highest price of that type will be used (not the lowest one). f) AHs whose houses are affected and have to relocate (moving out of the previous residential area because the remained land is not enough to rebuild the house according to the Law on construction or their residential land is entirely acquired), the local Boad of compensation for Resettlement need to conduct consultation on the assistance measure to find or arrange new residential place for the AHs. g) AHs whose houses are affected but they can rearrange their house on the remained land, accpetable to the local authorities’ regulations (relocation is not required), the common policy of the project, as seen in the approved enttilement matrix, will be applied. h) PAPs will be fully assisted (including allowance for moving) to move their facilities and personal property beside the compensation on replacement expenses for house, land, and other assets. i) The compensation and assistance for restoration for the PAPs have to be implemented 30 days prior to land acquisition for those who do not need to relocate and 60 days for those who have to relocate. Exception may apply to people of vulnerable group, because they may need more time before they are affected in terms of livelihood or residential place. j) If at the time when the project is about to finish the PAPs’ livelihood has not been restored as prior to the project, additional measures will be considered in order to achieve the objectives of the policy. k) Other assistance such as income restoration and training will be supplied for the PAPs who lose their income, especially the vulnerable group, to enhance the capacity to restore and improve income. OCI – 2016 Page 45 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 5.1.2. Entitlement Matrix DEFINITION OF IMPLEMENTATION No. TYPE OF LOSS APPLICATION ENTITLED COMPENSATION POLICY ISSUES PERSON 1 Permanent loss of Less than 20% of Land users with PAPs will be entitled to: If the viability of the cultivated land household's total legal or legalizable remaining land is less than the (i) Cash compensation at 100% replacement cost; and land holding. rights to use the minimum viable economic affected land. ii) Cash compensaiton for crops and trees at market unit, then the entire piece of Marginal impact on price. land would be acquired and household income the PAPs would fall under the and living next category. standards. Land users with (i) Cash compensation for acquired land equivalent to If the viability of the temporary or leased remained investment put on the land; or equivalent to remaining land is more than rights to use land 30% of replacement cost, and 30% of the replacement cost, that cannot be the Committee for (ii) Cash compensation for loss of crops and trees at legalized as long- Compensation will issue market price. term land user relevant adjustments. Land users without (i) In lieu of compensation for land, a cash equivalent In case the PAPs casually legal rights to use to 60% of replacement cost of the land; utilize the public land for the land growing crops/trees, which is (ii) Cash compensation for crops and trees at 100% subjecting acquisition by the market price. project, then she/he will not be compensated for land, but will be compensated for crops and trees at market price. OCI – 2016 Page 46 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) More than 20% of Land users with (i) Cash compensation for the lost land at 100% of Rehabilitation assistance will household's total legal or legalizable replacement cost plus assistance: be applied in case if the option land holding lost. rights to use the "land for land" cannot be - Assistance for rehabilitation and production: AHs affected land. available. Severe impact on whose 20% or more of agricultural land is affected household income (10% for vulnerable AHs) will be entitled to support The forms of assistance should and living standards. by cash equivalent to 30 kg rice or 600,000 VND per be consulted closely with the person per month within 6 months if not to be entitled PAPs to ensure relocated and within 12 months if relocated. In case appropriate and effective more than 70% agricultural land acquired, the users measures assisting the PAPs to will be supported within 12 months if not to be restore their income generating relocated and within 24 months if relocation is capacity and income levels. required; - Assistance for vocational training and job Cash assistance combines with orientation: The minimum support will be three times agricultural support to help the of agricultural land price for the whole acquired area poor AHs and AHs with (the land for annual tree only); In case households difficulty to improve their need a vocational training, they will be admitted to a production capacity. vocational center in the province and are exempted from tuition fees for such training course (including If the remaining land is less level of primary, secondary training and vocational than the viable unit, it will be college) for those in the working age (not applicable acquired. for those who enroll for a vocational training outside the province); (ii) Compensation for loss of trees and crops at full replacement cost. Land users with (i) Cash compensation equal to remained investment If the remaining land is less temporary or leased put on the land or 30% of replacement cost; and, than the viable unit, it will be rights to use land acquired. (ii) Cash compensation for loss of crops and trees at that cannot be market price. legalized as long- term land use. OCI – 2016 Page 47 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Illegal land users (i) In lieu of compensation for land, the PAPs will In case the PAPs casually receive assistance corresponding 60% of land utilize the public land for replacement cost; growing crops/trees, which is subjecting acquisition by the (ii) For the poor and vulnerable, severely affected, project, then she/he will not be including the landless, in addition to above, a package compensated for land, but will of vocational training and job creation will be two be compensated for crops and times in minimum of agricultural land price for the trees at replacement cost. whole acquired area (the land for annual tree only). In case households need a vocational training, they will Rehabilitation assistance will be admitted to a vocational center in the province and be provided to the poor and are exempted from tuition fees for such training course disadvantaged PAPs if the (including level of primary, secondary training and cash compensation option will vocational college) for those in the working age (not be applied. applicable for those who enroll for a vocational training outside the province); (iii) Cash compensation for loss of crops and trees at market price. 2 Loss of residential Land acquired Land user Cash compensation for land at (i) 100% of land without structures replacement cost of the land acquired to the built therein. legal/legalizable users; (ii) cash compensation equivalent to the remaining values invested in such Marginal impact lands, or equivalent to 50% of replacement prices of land to the users having no legal land use rights. OCI – 2016 Page 48 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Land acquired with Reorganizing PAPs (i) Cash compensation for acquired land at 100% of At the time of compensation, structures built replacement cost to the legal/legalizable users; or allowances will be adjusted to therein and the support by cash equivalent to the remaining values account for inflation. remaining land is invested in such lands, equivalent to 50% of sufficient to rebuild replacement cost to the users having no legal land use on rights. Marginal or severe (ii) Compensation for affected structures at impacts replacement cost; and, (iii) If house/structure is partially affected, house users will be compensated at additional cost for repairing and restoring their structures as before or even better (equivalent to 20% of the total values of affected structures). (iv) If the PAPs have to rebuild their main house (relocation to new place not required), they will receive following allowance: - House renting during the time for rebuilding the house: AHs will receive allowance for renting house at 2,000,000VND/household/a month in 6 months - Allowance for transporstation: AHs who move to new temporary place within the province will be paid the maximum amount of 5,000,000/a household and 8,000,000VND for household to move to new place outside the province. OCI – 2016 Page 49 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Land acquired with Relocating PAPs (i) Compensation for residential land: At the time of compensation, structures built allowances will be adjusted to (a) The PAPs, who have legal or legalizable rights to therein and the account for inflation. the affected land, can opt to one of the followings: remaining land is Cash compensation and allocation of the residential not sufficient to land of equivalent quality at the project resettlement rebuild on. site with completed infrastructure, acceptable to the Severe impact household; Or at the household’s option, cash compensation for land with replacement cost and an amount of cash for building infrastructure so they can arrange the new location. If the amount of cash compensation for land is not enough for purchase of the minimum slot at the resettlement site, the different portion will be compensated. (b) The PAPs, who do not have legal or legalizable rights to the affected land: - Regarding the PAPs who already have residence somewhere else in the same affected village/commune, the project will provide an assistance amount corresponding the remained investment on the land, or equal to 50% of replacement cost of the land; - Regading the AHs without residential land, the project will: (i) compensate 50% of the value of the land and assign a slot at minimum size at the resettlement site with all legal right and the AHs have to pay for that. If the AHs do not have enough money to pay, they will be considered to pay in instalment in 05 years. If the AHs are of ethnic minorities or the poor, they can pay in instalment in 05 year and enjoy deduction of 50% of the land-use fee; OCI – 2016 Page 50 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) (ii) Or, at the PAPs’ option when they are fully informed, the project will provide a sum that is equivalent to 60% of the replacement value of the acquired land, plus the expenses for infrastructure and the PAPs organize their own relocation. 3 House/structures Houses/structures Owners of Project (i) Compensation at 100% of replacement cost of the The calculation of rates will be and graves located in the affected structures. affected houses/structures. No deduction will be made based on the actual affected project recovered for depreciation or salvageable materials; (ii) in area and not the useable area. area addition, a repairing cost, if house/structure is partially affected, to restore it to former or better conditions, equivalent to 20% of the compensation for the house/structure. Graves located in Owners of graves. DPs are entitled to cash compensation for all costs of For ownerless affected graves, the affected areas. excavation, movement, and reburial. compensation will be given to local PC to relocate them to new site 4 Loss of standing Crops affected Owners of affected PAPs are entitled to compensation for affected crops PAPs will be given notice crops and trees crops in cash at market price. several months in advance regarding evacuation. Crops grown after issuance of the deadline will not be compensated. Trees affected Owners of affected PAPs are entitled to compensation in cash at market trees value on the basis of type, age, and productive value OCI – 2016 Page 51 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 5 Loss of income Loss of income and PAPS who lose (i) For registed business; For relocating households, PAPs will be given priority for and business/ business/other income/Owner of compensation applied for income during transitional business relocation along productive assets productive assets the affected period, equivalent average monthly net income at least highway, communal roads and business/other for six months; For non-registered business, a one- along canals near the bridges productive assets. time-only cash compensation of 5,000,000 VND is or footbridges in order to applied. maximize their benefit from business opportunities. At the (ii) Compensation for structure at full replacement time of compensation, cost. No deduction shall be made for depreciation or allowances will be adjusted to salvageable materials. account for inflation. (iii) If AHs have to remove to new residential place, cash compensation applied for affected business area at replacement cost, plus allowance to transport movable assets to the new place. 6 Temporary impact Temporary loss of Users of affected (i) Compensation for one harvest of crops/trees at If the quality of land will be during agricultural land land market price; radically changed when return construction to PAPs, requiring PAPs to (ii) Compensation for loss of net income from change in the types of land subsequent crops that cannot be planted for the use, then PAPs should be duration of project temporary use; and compensated for all envisaged (iii) Restoration of land to its previous or better quality cost of losses by providing measures to improve land quality in cases of land being adversely affected or acidified, and (iv) If the duration of project's use the land exceed more than two years, then the PAPs have option to: 1) Continue to use land, or, 2) Give it to the Project and be compensated as permanent loss. Temporary loss of Users of affected (i) Compensation for affected assets at replacement residential land land cost; (ii) restoration of land to former conditions OCI – 2016 Page 52 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Temporary impact Owner of business (i) Compensation for loss of income during transition on business period for the actual affected time; (ii) Compensation (only applied for for affected assets at replacement cost (iii) restoration registered business) of land to former conditions Damages by Owner or person (i) The contractor will be required to pay contractors to with use rights compensation immediately to affected families, private or public groups, communities or government agencies; structures or land (ii) Damaged property will be restored immediately to its former condition. 7 Loss of community Community Village, Ward, (i) Restoration of affected community buildings and If income loss is expected (e.g. assets buildings, Government Unit. structures to at least previous condition; or (ii) irrigation, community forest, structures, Replacement in areas identified in consultation with community grazing land), the community affected communities and relevant authorities; or (iii) village is entitled to forest/grazing/or Compensation at replacement cost for affected compensation for the total other land/ irrigation community land and assets. production loss this systems affected by compensation should be used temporary or collectively for income permanent land restoration measures and/or acquisition or spoil new infrastructure. disposal. OCI – 2016 Page 53 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 8 Assistance for Transportation Relocating DPs and (i) For households who move to other residential areas At the time of compensation, Restoration allowance the DPs who have to within the province: allowances will be adjusted to rebuild main house account for inflation. - 5,000,000 VND/household for household with upto 4 on their remaining members; households with more than 4 members, add land 1,000,000 VND for each extra member but the total amount will not exceed 8,000,00VND/household; (ii) Move to other provinces: maximum support is: 9,000,000VND/household. (iii) Households who rebuild main house on their remaining land will be compensated at 50% of the above mentioned price. House Renting Relocating AHs and House Renting during house construction: Those who the AHs who have have houses on recovered land are eligible for to rebuild main resettlement allocation will be supported for house rent house on their of 2,000,000 VND/household/month during 06 remaining land months. If after 06 months the authorized agency has not arranged new locations of resettlement, the City People's Committees decided to support renting house for DPs till they receive the slot at the resettlement, plus 06 months for building the new house. Rehabilitation Severely affected Assistance equivalent to 30kg rice or Details of assistance will be assistance AHs who lose 20% 600,000VND/a month for each PAP in 6 months intensively consulted with the or more of total if relocation is not required and in 12 months if farmers to meet their actual agricultural land relocation is required. If the using agricultural needs, assisting them able to (10% for the land is acquired more than 70%, the AHs will restore or improve their vulnerable AHs) earning capacity and income receive rehabilitation assistance in 12 months if relocation is not required and 24 months if relocation is required. OCI – 2016 Page 54 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Restoration Vocational Training The minimum support will be 3 times of agricultural Specific assistance will be Assistance and Job creation for land price for the whole acquired area (the land for identified after consultation all AHs whose annual crops). In case households need a vocational is done with the AHs, in agricultural land is training, they will be admitted to a vocational centre in order to effectively assist affected the province and are exempted from tuition fees for them to restore their income such training course (including level of primary, secondary training and vocational college) for those in the working age (not applicable for those who enroll for a vocational training outside the province). OCI – 2016 Page 55 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 5.1.3 Compensation policy Hereunders are specific policies applied in this project: a) Compensation Policy for Loss of Agricultural Land - Users with legal and legalizable ownership to land: Reserved land for agriculture in villages is not available, thus compensation will be in cash. Cash compensation applies: (i). Compensation: the AHs entitle to receive cash compensation for the area of land acquired and for crops affected, at 100% of the replacement price, and (ii). Assistance: Beside cash compensation at 100% of the replacement price for affected area (or for the whole area of affected land if the remaining portion is not economically viable), AHs who are severely affected due to the loss of more than 20% of the total agricultural land area (10% for the AHs of the vulnerable group) will be assisted for income restoration. - Users with temporary or leased rights to use land: (i) if the portion of the land to be lost represents less than 20% of the total area of the land currently used by the AHs, they will be compensated at the amount corresponding to the remained investment in the land or 30% of land replacement cost; (ii) if 20% or more of the land area currently used by the AHs is acquired, then the priority is to compensate by other land of temporary use rights, or, at the AHs request, the cash compensation will be applied at the amount corresponding to the remained investment in the land or 30% of land replacement cost. If the value of remained investment is greater than 30% of its replacement cost, the Resettlement Committee will review case by case and adjust accordingly. - Users without recognized rights to use land: (i) In lieu of compensation for land, the PAPs will receive assistance corresponding 60% of replacement cost of the land acquired; (ii) For the poor and vulnerable households, in addition to the above assistance, a package of vocational training and job creation will be two times in minimum of agricultural land price for the whole acquired area (the land for annual crops only). In case, households need a vocational training, they will be admitted to a vocational center in the province and are exempted from tuition fees for such training course (including level of primary, secondary training and vocational OCI – 2016 Page 56 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) college) for those in the working age (not applicable for those who enroll for a vocational training outside the province). (iii) In case when the affected persons utilize the public land (of right of way or in protection areas of hydraulic works), that subjects to be acquired under the project, with conditions to return, on request, the land to the Government, they (PAPs) will not be compensated for this public land, but will be compensated for crops and trees at full market prices. (iv) PAPs will be compensated for the loss of standing crops, perennial trees or industrial trees at market price. Productive trees will be compensated at replacement cost. b) Compensation Policy for Loss of Residential Land - PAPs losing residential land without structures : (i) Compensation for loss of land in cash at 100% replacement cost to the legal and legalizable land users; (ii) Assistance by cash equivalent to the remaining values invested in such lands, or equivalent to 50% of replacement cost of land to the users who have no legal land-use rights. - PAPs losing residential land with structures built thereon and the remaining land is sufficient to rebuild on (reorganizing PAP): PAPs will be compensated on cash as follows: Compensation for loss of land in cash: (i) at 100% replacement cost to the legal land users; (ii) the amount corresponding the remained investment on the land to the users who have no legal land-use rights, equivalent to 50% of replacement cost. - DPs losing residential land with structures built thereon and without remaining land sufficient to rebuild on (relocating DP): (i) The DPs, who have legal or legalizable rights to the affected land, can opt to one of the followings: • DP will be compensated in cash at 100% replacement cost and provided a plot of residential land at the resettlement site and the DP have to pay for the land; • Cash compensation for entire residential land at 100% replacement cost, with additional cost for basic infrastructure development, and the PAPs have to relocate by themselves. If the amount of cash compensation is not enough to pay for the minimum land plot at the resettlement site, the PAPs will be assisted in form of cash for the uneven portion in both of the options. OCI – 2016 Page 57 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) (ii) The PAPs, who do not have legal or legalizable rights to the affected land, are entitled to the followings: • Regarding the AHs who already have a residential place somewhere else in the same affected ward/commune, the project will provide an assistance amount in cash corresponding to the remained investment on the land, or equal to 50% of the replacement cost.  Regading the AHs without residential land, the project will: (i) compensate 50% of the value of the land and assign a slot at minimum size at the resettlement site with all legal right and the AHs have to pay for that. If the AHs do not have enough money to pay, they will be considered to pay in instalment in 05 years. If the AHs are of ethnic minorities or the poor, they can pay in instalment in 05 year and enjoy deduction of 50% of the land- use fee; (ii) Or, at the PAPs’ option when they are fully informed, the project will provide a sum that is equivalent to 50% of the replacement value of the acquired land, plus the expenses for infrastructure and the PAPs organize their own relocation. c) Compensation Policy for Loss of House/Structures - For affected house and structures: Those whose structures are affected will be entitled to the following: (i) Compensation in cash for all affected structures will be provided at 100% replacement cost for materials and labour, regardless of whether or not they have title to 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; (ii) If house/structure is partially affected, the project will provide additionally house/structure repairing cost, in addition to 100% replacement cost for affected structures, to AHs to restore it to former or better conditions, equivalent to 20% of the total values of affected structures); (iii) Compensation and assistance will be provided in the form of cash. No deductions will be made for depreciation or salvageable materials; (iv) The calculation of rates will be based on the actual affected area and not the useable area. - For affected graves: The level of compensation for the removal of graves will be for all costs of excavation, relocation, reburial, spiritual performance and other related costs. Compensation in cash will be paid to each affected household. AHs will be consulted for place and time to remove the affected grave(s). d) Compensation Policy for Loss of Crops and Trees For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to households who cultivate the land, according to the full OCI – 2016 Page 58 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) market price of the affected crops and/or at replacement cost for affected perennial trees. e) Compensation Policy for Loss of Income and/or Business/Productive Assets (i) For AHs with registration with the tax office (registered business), compensation for loss of income during transition period, equivalent the average monthly net income at least for six months; for AHs without registration (non- registered business) with the tax office, they are compensated one-time-only at 5,000,000VND per household. (ii) Compensation for structures at full replacement cost. No deduction shall be made for depreciation or salvageable materials. (iii) If AHs have to remove to a new location, they should be allocated an advatageous position so that they may continue their business, or in cash for business affected area at replacement cost, plus transportation allowance to remove movable attached assets to the new location. (iv) If the affected households whose main source of income is doing home business, members are elligible to enroll vocational courses and do not have to pay for those courses (only applicable for courses organized within Lao Cai province). f) Compensation for Temporary Impacts during Construction Stage - For temporary loss of cultivated land: (i) Compensation for one harvest of crops/trees at full market prices or replacement cost; (ii) Compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use; and (iii) Restoration of land to its previous or better quality than before the project and; (iv) If the duration of project's use the land exceed more than two years, then the PAPs have option to: 1) Continue using land, or, 2) Give it to the Project and be compensated as permanent loss.' - For temporary loss of residential land: (i) Compensation for all affected movable properties at full replacement cost; (ii) Restoration of land to its previous or better quality. - For temporary impacts on land for business and service, applied for registered business only: OCI – 2016 Page 59 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) (i) Compensation for loss of income equivalent to net monthly average income, for 3 months; (ii) Cash compensation at replacement cost for affected properties; (iii) Restoration of land to its previous or better quality. g) For damages caused by contractors to private or public structures: (i) Damaged property will be restored by contractors immediately, after completion of civil works, to its former condition; (ii) 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 pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored immediately to its former condition. h) Compensation for Affected Public Utilities In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, City PCs and PMU will ensure that these would be restored or repaired as the case may be, at no cost to the community. k) Other Allowance and Assistance in Transition Period - For PAPs whose agriculture land affected: in addition to aforementioned compensation payment, the Project will provide rehabilitation allowances including: (i) Rehabilitation: households whose 20% or more of agricultural land affected (10% for the households of vulnerable group) will be entitled to compensate by cash equivalent to 30kg of rice or 600,000VND per month per person for duration of 6 months if not relocated and for 12 months if relocated; (ii) Vocational training and job creation for all the households whose agricultural land is affected: The minimum support will be three times of the whole area of the agricultural land acquired. In case households need a vocational training, they will be admitted to a vocational center in the province and are exempted from tuition fees for such training course (including level of primary, secondary training and vocational college) for those in the working age (not applicable for those who enroll for a vocational training outside the province). (iii) The further forms of assistance for vocational training should be consulted closely with the entitled PAPs to ensure appropriate and effective measures assisting the PAPs to restore their production capacity and the income level, OCI – 2016 Page 60 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) especially for the households whose business is affected. Cash compensation has to be in combination with extension/relevant technical assistance to help the poor and disadvantaged farmers to improve their farming productivity/production capacity; - For PAPs whose residential land affected and have to relocate: in addition to aforementioned compensation payment, the Project will provide rehabilitation allowances including: (i) Transportation Allowance: - Households who move to other residential area within Lao Cai province: (a) Households with upto four members will receive: (i) 5,000,000 VND/household; (b) Household with over 4 members will receive 5,000,000 and add 1,000,000VND for each extra member but the total amount will not exceed 8,000,000VDN/household. The number of household members who are elligible for transportation allowance is the number of permanent members whose names are listed in the household book at the time of land acquisition. - Households who move to other provinces, the maximum support is: 9,000,000VND/household. (ii) House renting during construction of the new house: Allowance of 2,000,000 VND/household/month during 06 months. If after 06 months the authorized agency has not arranged new locations of resettlement, the City People's Committees decided to support for house renting for DPs till they receive locations of resettlement. (iii) If the PAPs have to rebuild their main house (relocation may not require), they will receive 50% of allowance as stated in (ii). - Allowance for moving facilities: The purpose is to assist the reorganization or relocation, including clean water system, remaking wells, moving telephone wires, capble television, and electricity wire. a) For moving the clean water system (not the system provided by the Lao Cai Clean Water company): 2,000,000VND/household; b) Electricity: 3,000,000VND/household; c) Telephone wire, capble TV: 2,000,000VND/household. - Bonus: Land user, who comply with the relocating their assets, crops, handing over the land in time and meet the requirements of subproject owner will be awarded depending on the type of architecture, but not exceeding 3,000,000 VND per household. OCI – 2016 Page 61 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) - Vulnerable groups: The households under State’s sponsorship policy (with cerificate issued by relevant authorities) whose land is acquired and have to relocate, besides having aforementioned enttitlements for compensation, assistance, and rehabilitation, will additionally assisted as follows: a) Households with Vietnamese heroic mother, a hero of the People armed force, a hero of labour, war dead soldiers (father, mother, wifer, husband, son or daughter), war invalids and ill soldiers who lose more than 81% of their health will receive 5,000,000 VND/household; b) Households who have recognized contribution to the Revolution or with ill soldiers who lose from 21% to 81% of their health will receive 3,000,000/household. c) If belong to the aforementioned a) and b) but the household has more than one member under state sponsor policy, only the highest level of allowance is applied. (i) The poor (identified by local authorities) will receive 8,000,000 VND per household. 5.2. INCOME RESTORATION MEASURES Van Hoa is in its urbanization. The shift from an agriculture-based commune to an urban area of the Lao Cai city will cause a part of the population lose their land and have to seek alternative jobs. Basing on the PAPs’ socio-economical characteristics and structure of job, income restoration measures will need to rely on strength and strategic development of Van Hoa. For the socio-economical characteristics of the residents in four affected villages of Van Hoa as mentioned above, beside compensation and assistance policy as stipulated in the above sections, specific forms of assistance and income restoration are necessary to meet the PAPs’ requests. Restoration measures will include: 5.2.1. Assistance for position, market and finance for provision of services and business at resettlement sites Providing services and running business bring permanent income for the households. Results of consultation show that within resettlement sites, it is necessary to design some slots for providing services at small size. After relocation, the resettlement sites will be populated and urban life is followed, thus there will be an increase in demand of social services. The opening of services and business at the populated resettlement sites is a good way to restore income. PMU will consider to reasonably allocate advantageous positions of the land slot at the resettlement site for the PAPs. To ensure that PAPs with services and business activities can approach the market and generate income, there need to be additional assistance such as: (i) training OCI – 2016 Page 62 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) skills necessary for new fields in providing service and running business; and (ii) assistance of initial loan credit with low interest rate so the people can invest in new business opportunity. 5.2.2. Increase training opportunity and develop skills Preliminary research shows that measures for income restoration and assistance need to closely meet the PAPs’ demand. The following table shows their specific demand. Table 11: Percentage of Households chosen additional assisting programs No. Category Percentage Households (%) 1 Job training 36 30 2 Providing seed plants/breeding 35 29.2 stocks 3 Training skills for raising 34 28.3 cattle/poultry 4 Cultivating skills training 31 25.8 5 Loan 31 25.8 According to the Table 11, 30% of the representative of the affected households chose participation in vocational courses. This shows a big concern in job change and the need to restructure sources of income. The same percentage is for those who need to develop their income by raising cattle and poultry or farming but training for better skills is a must. Some household expressed their demand in getting loan credit at preferred rate to invest in raising cattle or running business. Measures to increase opportunity and skills development will be directly attached with programs of resettlement. However, a part of the affected people did not choose these measures since many who were trained as assistance of previous projects did not succeed in getting a job. The reasons were the contents of training did not match the real labour demand at the locality. Besides, the courses were said to be too short, did not provide sufficient time for obtaining new skills. Therefore, training courses should target not only the people’ demand but also the actual labour demand in the locality. Thus, surveys by officials of PMU or trainers of the courses on labour demand from local organizations or companies have to be implemented. This is the effective way to identify the actual demand. This will lead to the design of relevant and practical measures to increase training opportunity and skills development for the people. Vocational programs and courses should be designed and implemented OCI – 2016 Page 63 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) basing on results of such surveys. If this is carried out properly, the measure to increase opportunity in education and training for the PAPs will achieve positive effects in reality. 5.2.3. Assistance in job seeking Experience shows that education and training for the PAPs in response to the local labour demand will result in good opportunity to job placement in offices and businesses. Lao Cai at the present is the city that is attractive to many investors who build large sized industrial zones. The Subproject can provide job opportunity for the PAPs in the fields that do not ask for high skills. Training programs can be built according to detailed items of the Subproject or on the most suitable time with labour demand of the recruiting companies. Vocational training and assistance in job finding will need to work together to make sure that after the training completes, the trainees can get a job or have capacity to compete in the job market. Other forms of assistance need to be based on good investigation of reality. The search for providers of seeds and breeding stocks for the PAPs needs to consider factors such as local climate, progress of the construction, and capacity of production consumption. For traning courses of cultivating skills and raising cattle, it is necessary to choose and introduce to the PAPs those experienced and competent organizations. For PAHs who need capital to start or expand their business, PMU will, via the Provincial People’s Committee, to enable them to approach low-interest loans at the State Bank for Social Policy like people who are eligible to enjoy State’s social policy. 5.2.4. Assistance for the vulnerable groups Within the affected area of the project, it is unavoidable that there are some people who are more vulnerable than others. They are often households with female holders and having dependents; households with handicapped persons; poor families; households without land, and the EM. These are the most vulnerable people because of land acquisition. They can also be persons who have difficulties in competing in the job market when their livelihood heavily depends on available land they posses. Actually, in the affected area, it is almost impossible to implement the “land for land” measure. Thus, there needs to be additional programs and special assistance with priority for these groups. These programs may be overlap with assisting programs planned for the whole project yet vulnerable group still needs priority. To implement effective income restoration for these groups, it is neccessary to have specific solutions, basing on their actual capacity. Specific policies may include:  Priority in vocational courses and job placement;  Assistance in terms of food or materials for the households who are extremely OCI – 2016 Page 64 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) in difficult situation and have no ability to work (in combination with the local authorities’ social welfare policy). The assessment of the income restoration programs is necessary to: summarize what have been achieved; determine that if additional interference is needed; and provide lessons and analytic information. 5.3. RESETTLEMENT DEMAND According to the preliminary research, 25 households will have to relocate due to large portion of land acquired. 100% asked householders agreed to relocate and take the slot at the Resettlement sites Dong Ha or Soi Lan of the MCDP. Table 12: Resettlement demand Quantity of households Quantity of households Quantity of households need to relocate will take a resettlement who will arrange their slot own new residential place 25 25 0 The PAPs’ resettlement demand has variation due to differences in age, educational level, working skills, or specific features of social group they belong to. Most DPs are aware of the urban lifestyle at the resettlement sites. However, the allocation of resettlement slots needs to pay attention to the features of the social groups such as: Those PAPs who still have agricultural land along the river (in Cánh Chín, Cánh Đông, Giang Đông villages) want to be located as close to their cultivating land as possible. For those who wish to relocate on their own land left, it is because of the living habits associated with residential position, kinship relations and neighbourhood plus the big concern of disturbance as moving to live in new place. Those households who are running home business would want to be relocated somewhere closer to the main roads that is convenient for their familiar livelihood. For the commercial slots designated within the Resettlement sites, there is an opinion of a favor set for the DPs in Van Hoa when they take part in bidding process. If not, they will surely loose the winning opportunity because there are many rich non-local investors who seek investment or opening business at the Resettlement sites of the MCDP. 5.4. ARRANGEMENT OF RESETTLEMENT SITE(S) The people are well aware of the position of the resettlement sites as receiving information of the project. Interviews at households show that asked PAPs all know OCI – 2016 Page 65 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) about two resettlement sites, namely Dong Ha and Soi Lan, built by the Lao Cai MCDP which are 2kms away from Van Hoa. They are ready to transfer affected residential land for the project. The project’s plan is to relocate 25 severely-affected households in 2 resettelement sites Dong Ha and Soi Lan built by the MCDP. These are two newly built sites with unitary system of infrastructure including: roads, water drainage, water supply, electricity supply, and trees. Besides slots for relocation, land for public works, service land, land for road and trees have been planned. The total number of relocating slots is 800 and at the moment the number of available and unoccupied slots is around 400. Besides, if the DPs want to stay in Van Hoa, they will be considered to relocated in the available resettlement site designed for the commune by the city. Policies in resettlement will equally applied as if they relocate to 2 resettlement sites Dong Ha and Soi Lan as mentioned above. OCI – 2016 Page 66 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER VI: COMMUNITY CONSULTATION AND INFORMATION DISCLOSURE 6.1. OBJECTIVES Information disclosure, consultation and participation of the PAPs and involved agencies will: - Mitigate potential conflicts - Minimize risks of project suspension - To enable the project to to design a resettlement and rehabilitation program as a general development program, in accordance with the needs and priorities of the PAPs and therefore, maximizes economic and social efficiency of investment; and to make sure that the RP is implemented in transparency. Information disclosure is not only requirement of the international sponsor but also stipulated by the Vietnamese Government as can be seen in Land Law (2013) and Resolution No.47/2014/ND-CP issued on 15 May 2014 regarding compensation, assistance, and resettlement when the state acquires land. Main principles are: a. To share main information of the project for the PAPs, the local authorities and other related agencies (context of the project, objectives, measures studied, issues in environment and relocation, etc.) b. To collect information on needs and priorities of the PAPs, local community, local authorities, local NGOs and receive their responses on planned policies on compensation, assistance and resettlement as well as other related activities. c. To obtain collaboration and participation of the PAPs and involved agencies during planning, site clearing, and relocating processes d. Ensure the transparency in all activities related to land acquisition, compensation, resettlement and restoration. e. Participation in providing opportunity and the process whereby related agencies have actions and responsibility for motivation for development and decisions which will affect them. Via full and active participation, needs and wants of the local people will be discussed and recognized. f. Information disclosure, consultation, and participation will be carried out during the preparation of the Resettlement Action Plan and continue during the implementation of the RP. Consultation and participation will take place through many channels and different tools, including organizing community meetings with OCI – 2016 Page 67 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) leaders of the province, district, commune and villages and representatives from different local authorites to study compensation and relocation policies of the city and province: principles in calculating compensation price, programs for income restoration and job seeking at the locality. 6.2. METHODS OF COMMUNITY CONSULTATION Main methods used in community consultations during project preparation including two steps, as follow: 1. Community consultation  Local authorities and people are informed of the dates of community consultation and community meeting in advance by consultation unit and the PMU;  Community meetings were held at the commune hall of the People’s committee;  Consultation was illustrated with map and information of project impacts;  Social specialists carried out consultation with assistance of the commune staffs; Consultations focussed on  Attract concerns and opinions of the participants to the building of the RP; Community meetings were hosted all the PAHs;  Investigate socio-economical conditions and affected assets of the PAPs; consult the PAPs of the measures for compensation, such as allocatation of a land plot at the resettlement site or cash compensation, creative ideas for income restoration, as well as concerns of different groups of PAPs. 2 . Direct consultation at affected family and visit the project affected area.  Introduce about project and its components;  Survey of HHs’ support for the project inplementation;  Inform HHs of project policy on compensation;  Inform HHs of positive and adverse impacts on environment and society as project being implemented. 6.3. RESULTS OF COMMUNITY CONSULTATION DURING PROJECT PREPARATION During meetings, the most concerned issue is the level of project impacts on people’s life. Many opinions were proposed in order to mitigate impacts. Generally speaking, participants are well aware of positive impacts then they support the project. All representatives invited to the meetings expressed their support for the construction of urban road when the project is approved. OCI – 2016 Page 68 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Opinions from the PAPs are sumarized as follow: Issue 1: Progress of the project implementation: As the project approved, it has to be implemented strictly with the schedule. A suspended project causes great inconvenience to the local people. Consultant’s response: The project will establish a Community Monitoring Board with representatives from local commune leaders and affected people. This Board will watch and monitor progress of the project, and timely report to the PMU. If the project is prolonged, affected people must be compensated for such impacts. Issue 2: Compensation rate. Some attendants questioned of method for identification of eligible PAPs and compensation rate applied for assets. They said that the rate as they saw in previous projects in the commune, especially for residential and cultivating land were low. For residential land, the market price was said to double the compensation rate seen in previous projects. For cultivating land, the rate was seen as low because they would be compensated just once and lose their land forever. Some HHs asked about rate for land that is still unable to prove the legality. Consultant’s response: If the project is approved, at the time for site clearance, the PMU will hire an independent unit for compensation rate to make sure the rate is updated with the real market. Issue 3: Relocating HHs with business wanted to have a position at the resettlement site that is advantegous for doing business. There is also idea of forming a reasonable policy for the local HHs with business. One idea is that there needs to be limitation for people from other localities who participate in bidding land plot for services or business at the resettlement site. Consultant’s response: PMU will try its best to provide advantegous position for relocating HHs with business so that they can continue their business at the new place. Regarding local people who join bidding for land plots that are suitable for doing business, PMU will work with the Bidding committee to make sure they are given preference over the people from other localities. Issue 4: Regarding resettlement. This is among most concerning issue. There were concerns of the availibitlity of the resettlement sites, also the condition to relocate. Land acquisition need to be implemented transperently, quickly and publicly. Consultant’s response: At the present, Resettlement sites for the project are ready in terms of infrastructure. The number of availabe plots at Đông Hà and Soi Lần of the MCDP is 400. The disclosure of land acquisition and related procedures will be done by the PMU under watch of the Community Monitoring Board. OCI – 2016 Page 69 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Issue 5: Sustainability of the assistant policy. The PAPs suggested to have relevant policy to assist income restoration and rehabilitation sustainably. One of the issues to avoid is organizing vocational courses such as motorbike maintainance or tayloring yet actually learners would not find a job in the locality. Consultant's response: PMU will work with the PAPs to evaluate capacity and demands in vocational training, as well as real demands in the job market. These are foundations for assisting the PAPs to attend the most relevant courses. Issue 6: Regarding unexpected impacts. The PAPs asked that PMU should consider unexpected impacts during construction on land and environment. For example, the presence of the strangers as workers in the area, temporary labour in the commune might cause emerging social issues; insecurity and social disorder; construction would cause pullution in terms of noise, dust, or the construction activities take place during night, after 9 pm. Consultant's response: PMU will work with the local authorities and the constractor to inform the local people in advance of potential impacts during project implementation, to have proactive plans to deal with arising issues as indicated in ESIA, as well as mitigation of impacts (ESMP). 6.4. CONSULTATION DURING SUBPROJECT’S IMPLEMENTATION During the project implementation, the PMU, with the support of the project consultants, will ensure the following tasks: (i) Materials to disclose: RP and EMDP need to be summarized and disclose to AHs in different forms. For the city level: RAP documents need to be sent to CPC, the Board for site clearance, Department for ethnics, all in Vietnamese. For the commune: summaries of RAP will be distributed to house of the head of the villages in Vietnamese. (ii) Language of the documents Language of the used documents is in Vietnamese with clear print, and understandable to the people. (iii) Steps of consultation and forms of consultation - Consultation needs to be carried out in forms of flyers, propaganda through radio system on information of the project prior to DMS; - Community meetings need to organize during the project. OCI – 2016 Page 70 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) - Display of DMS results and compensation price before payment; households to be provided the copy of DMS and compensation measures; - Consultation and information disclosure in forms of propaganda and mobilization need to be done as resolving grievance and complaints. OCI – 2016 Page 71 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER VII: GRIEVANCE AND GRIEVANCE REDRESS MECHANISM PAPs are entitled to the complaints relating to their interests and responsibilities in the project implementation: Entitlement to compensation, compensation policy and unit price, land acquisition, resettlement and other interests relating to the support program of rebuilding. The PAPs’ complaints should be presented in written documents. DPs can report their complaints in the PMU and PCs of commune/villages, urban district free of charges. The MCDP Subproject established an Independent Board or Grievances Redress with these following components: leaders of the city, specialists in social safeguard of the PMU (1-2 persons), civil organizations/CBO/NGO (1-2 persons), bar federation, and representatives of the PAPs to ensure equality during the resolvement of the grievances. The Board operates in multitasking mechanism, with subsidy taken from 2% of the total budget for compensation, site clearance of the project. PMU will report monthly of the compensation, site clearance activities and complaints from the PAPs (if any) for the Board to enable its monitoring of the grievances and grievance redress. According to the mentioned-above structure, an aggrieved affected household can carry out these following stages: First stage, an aggrieved PAP who is unsatisfied with any issue of the rehabilitation program and resettlement plan can express his or her complaint, in verbal or written forms, to the Independent Board for Grievances Redress. The Board has the responsibility to resolve the complaint within 15 days. The Board will (first step) organize community consultation and/or directly discuss with the complainant; if the first step is not effectively done, the Board will apply the second step by proposing and consulting the City People’s Committee to resolve grievances relating land acquisition and site clearance. Second stage, if the complainant is unsatisfied with the decision at the city level, he or she can elevate the complaint to the Provincial People’s Committee within 15 days since receiving decision at the first stage. The Provincial People’s Committee will issue decision regarding the complaint within 15 days. Third Stage, if the complainant is unsatisfied with the decision of any stage, he or she can elevate his/her complaint to City Court of law arbitrates within 15 days since receiving decision at the previous stage. The complainant who files his/her case will not be charged for their administrative fee or fee for logging a complaint. OCI – 2016 Page 72 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) A person from PMU will be assigned to directly work with the PAPs at the first stage to unofficially receive opinions. This person will help the illiterate/vulnerable to express their complains. Besides, a deposit account to pay for resettlement will be used if the grievances redress is prolonged to avoid slow progress of the project, at the same time ensure the compensation is implemented after the complain is resolved. All complains, questions, suggestions will be archieved and stored, then sent to the PMU and authorities on monthly basis. Expenses for establishment and maintaince of the Board will be included in the expenses for the project. This grievance redress mechanism will also be applied to resolve other issues such as impacts caused by dust, temporarily-occupied land, and temporary impacts on doing business. Besides, to ensure everyone can properly carry out their right to grievance, the PMU will provide special assistance for the PAPs who are limited in the ability to pursuit their enttitlements. They may be persons who cannot write, or persons with defect on body which prevents them from expressing their complaint. Thus, the PAPs can express their complaint verbally and the staff of the Independent Board for Grievance Redress has the responsibility to translate their verbal complaint into text. The Independent Board for Grievance Redress of the MCDP was established and this Board will continue until this project for additional items finishes. OCI – 2016 Page 73 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER VIII: IMPLEMENTATION The implementation of resettlement activities requires the involvement of agencies 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 subproject of that province. The provisions and policies of the RP will term the legal basis for the implementation of compensation and resettlement activities in the Medium Cities Development Project in Vietnam. 8.1. PROVINCIAL PEOPLE’S COMMITTEE (PPC) The PPC in each involved province is responsible or authorize city PC to set up and direct a provincial resettlement appraisal council in accordance to the needs of the project. The PPCs or authorized city PC will take overall responsibility as follows:  Evaluate and approve the resettlement plans after the final drafts are approved by the Bank;  Approve the land acquisition and allocation in the Project;  Make final decision and release unit prices for the compensation and assistance levels, and support policies for affected persons and vulnerable groups based on this Policy Framework and the approved RP;  Direct the coordination among the concerned agencies and the provincial departments to implement the compensation, assistance and resettlement in accordance with the approved RP;  Provide full budget for the resettlement activities;  Ensure that the resettlement activities of the sub-project are in accordance with the Policy Framework and the approved RP. 8.2. CITY PEOPLE’S COMMITTEE (CPC) City People's Committee is responsible for determining legal rights to land and structures on land, land acquisition, land allocation (residential land), appointing member of the Board/council of resettlement of the city. City's Resettlement Committees (CRC) The compensation and resettlement committee/council (CRC) of the city is responsible for: OCI – 2016 Page 74 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) (i) Planning and implement all daily RP activities within the city; (ii) Directing and monitoring the Resettlement specialist in charge of inventory of land acquisition, completion of compensation plans, review of the compensation plans to submit the PCs of provinces or cities (if authorized) for approval and coordinate with the PMU; and to pay compensation directly to each affected persons after receiving compensation fund; (iii) Coordinating with relevant units for conciliation and resolution of DP complaints by project affected people on compensation policy and compensation rights; (iv) Establishing, if necessary, the commune/village CRCs and guide them on implementing activities involved in the RP; (v) Taking into account the needs and aspirations and demands of the particular groups of people (ethnic minorities) and the vulnerable people (children, the elderly, the female and single householders); (vi) Cooperating closely with the independent monitoring agencies, and independent price appraiser. 8.3. PROJECT MANAGEMENT UNIT (PMU) The Project Management Unit (PMU) will be established by the project owners for their Subprojects. The Project Management Unit is a permanent agency responsible for the implementation of resettlement plan of the project. It is agreed that experienced qualified PMU staffs will be selected to respond to the project social -environmental safeguards. They need to comply with established procedures from the first stage. Staff s and their professional profile and training content will be agreed with WB. The PMU responsibilities are: a) On behalf of the project owner or the city, implement and monitor all resettlement activities within the project, under the management of the PPC or the city PC (If they are not capacity enough, they can contract to perform a number of works for site clearance and resettlement); b) To prepare plan, coordinate and monitor the RP in general; c) To update and/or prepare RPs in accordance with the approved Resettlement Policy Framework and submit them to the PPC/city PC and WB for approval before deploying these approved RP; d) To guide all RP activities of the city and villages/communes, following the policies and guidelines of the Subproject Resettlement Plan; OCI – 2016 Page 75 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) e) To establish model procedures/processes regarding information campaigns and the relevant consultation organizations such as sending monthly letters to the communities on the Project activities. To coordinate with other components and other agencies involved in the RP, implement and monitor the resettlement; f) To check and advise the PPC on the compensation prices of land and other properties, in coordination with other related government departments, agencies of the province, based on the principles of this RP; g) To coordinate, supervise, and monitor the implementation of the PR; h) To advise the city People's Committee, and the Resettlement Council for the establishment of a professional group in resettlement planning and implementation including: carrying out the inventory, census and economic assessment, elaborating compensation plans, preparing compensation summaries, and setting up the compensation and resettlement plans to submit the city Resettlement Council for approval. This professional group is directly under the instruction and monitoring of PMU and the city CRCs; i) Preparation and construction of resettlement sites and establishing procedures for land allocation for relocated households; management of resettlement sites to serve the resettlement for households and individual being relocated within the project site; j) To establish a contact mechanism to ensure that the technical assistance and logistics are suitable for the implementation of compensation and resettlement; k) To set up database and the eligibility criteria for affected components and subcomponents as well as for entire Project; l) To establish procedures for internal monitoring to supervise the compliance with the project policies; m) To establish procedures for monitoring coordination between contractors and local communities and ensure quick identification and compensation for impacts on public and private properties during the construction; n) To employ, monitor, and implement the recommendation of the independent monitoring agencies; o) To set procedures for quickly implementing necessary mechanism for complaints and grievances; p) To provide project employment related opportunities for affected persons; q) To take over land acquisition from households and transfer to contractor units; OCI – 2016 Page 76 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) r) To mobilize the independent land appraiser to conduct RCS which is basic for Lao Cai PC to define the compensation price at the market price for the project; s) To cooperate closely with the independent monitoring agencies; and independent price appraiser; t) To define reporting periodically system on resettlement activities to the WB. 8.4. THE PEOPLE'S COMMITTEE OF COMMUNE (PCC) The People's Committee of the Commune will assign tasks for communal officials to support the RP activities in their villages: (i) Support other units, organizations such as the PMU for information dissemination and organization of community meetings and counseling affected persons’ comments; (ii) Support other organizations and units, including the PMU, in the demographic survey, cost/replacement price survey, detail measurement and inventory survey, and other resettlement activities; (iii) Participate in all activities of land acquisition and allocation, resettlement, recovery support, and social development support; (iv) Support affected persons in all RP activities and living standard restoration. Notify the PAPs about the compensation schedule, monitor the compensation implementation and sign contracts of compensation with the PAPs; (v) Ensure the adequate implementation of mechanisms of resolving complaints to affected persons. Take notes all complaints and keep records of document on complaints. Support and advice affected persons to quickly resolve complaints; (vi) Certify the origin of land use of organizations, agencies, units and individuals, households affected by the project. OCI – 2016 Page 77 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER IX: MONITORING AND EVALUATION 9.1. OBJECTIVES 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) Verify whether the project activities complete efficiently or not, including quantity, quality and time. (ii) Assess whether these activities reach the objectives of the Policy or not, including volume, quality, and time. The implementation agency (the PMU) as well as the independent monitoring agency (which is contracted with the PMU) shall monitor and supervise the RP implementation regularly. 9.2. INTERNAL MONITORING Internal monitoring of the RP implementation of the Subproject is the main responsibility of the implementation agency with the support of the project consultants. The implementation agency will monitor the progress of RP preparation and implementation throughout the regular progress reports. The criteria of internal monitoring include: (i) The total number of PAHs (RAP and in reality) (ii) The total number of PAPs (RAP and in reality) (iii) The PAHs whose more than 20% of agricultural land is affected (RAP and in reality) (iv) PAHs with less than 20% agricultural land affected (RAP and in reality) (v) The number of DPs: - The number of PAHs who are living in the renting house (RAP and in reality) - The number of main PAHs (RAP and in reality) OCI – 2016 Page 78 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) - The number of PAHs without sufficient conditions to receive compensation; the number of households take the land after the cut-off date. (vi) Compensation payment for affected households for the different types of damage pursuant to the compensation policies described in the resettlement plans; (vii) Implementation of technical assistance, relocation, allowance payment and relocation support; (viii) Implementation of income restoration and entitlement to restoration support; (ix) Dissemination of information and consultation procedures; (x) Monitoring of complaint procedures, existing problems that require the manageable attention; (xi) Prioritizing affected persons on the proposed selections; (xii) In coordination to complete RP activities and award construction contract. The PMU will collect information every month from the different CRes. A database tracking the resettlement implementation of the Project will be maintained and updated monthly. The PMU will submit an internal monitoring report on the RP implementation as a part of the quarterly report they are supposed to submit the WB. Such reports need to contain the following information: (i) Number of affected persons according to types of effect and project component and the status of compensation, relocation and income recovery for each item. (ii) The distributed costs for the activities or for compensation payment and disbursed cost for each activity. (iii) Final result on resolving complaints and any outstanding issues that demand management agencies at all levels to resolve; (iv) Arisen issues in the implementation process; (v) RP schedule is actually updated. 9.3. INDEPENDENT MONITORING Objective: 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, PAPs’ income and social foundation restoration, effectiveness, impacts and sustainability of PAPs’ rights to be benefited, 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. OCI – 2016 Page 79 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Responsible Agencies: In accordance with the WB requirements for consultant procurement, PMUs will hire one or up to three organizations for the independent monitoring and evaluation of RPs implementation. This organization is called the Independent Monitoring Organization (IMO) which expertise in social science and experiences in independent monitoring of RP. The IMO should start their work as soon as the updated RPs has been approved. Monitoring and Evaluation Objectives: The following indicators will be monitored and evaluated by the IMO: (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 technical assistance for house construction to PAPs who are rebuilding their structures on their remaining land, or building their own structures in new places as arranged by the project, or on newly assigned plots. (iii) Support for restoration of income sources; (iv) Public consultation and awareness of compensation policy: (a) PAPs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the monitoring team should attend at least one public consultation meeting to monitor public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed; (c) public awareness of the compensation policy and entitlements will be assessed among the PAPs; and (d) assessment of awareness of various options available to PAPs as provided for in the RPs. (v) PAPs should be monitored regarding restoration of productive activities (vi) PAPs' satisfaction on various aspects of the RP will be monitoring and recorded. Operation of the complaint mechanism and speed of complaint settlement will be monitored. (vii) Through the implementation, trends on living standard will be observed and surveyed. Any potential issues in the recovering living standard are reported. The main indicators during the implementation of internal and independent monitoring are the restoration of affected assets and living conditions. Independent monitoring will be implemented under the WB’s watch to make sure arising issues will be pointed out and timely resolved. OCI – 2016 Page 80 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) CHAPTER X: BUDGET AND EXPENSES 10.1. INVESTIGATION OF REPLACEMENT PRICE Replacement price: is the sum of the amount of money or items needed to replace a property in its current conditions at the current market price and transaction costs (WB OP 4.12 Involuntary resettlement). Replacement price for agriculture land: is the sum of the market price of the land having the same productivity or potential and located in the surrounding area of the affected one, the price for preparing land having the same/better productivity as/than the affected land, transference taxes and registration costs. Replacement price for houses and public works: is the sum of the market price for purchase or new construction of a work with the same/better area or quality as/than the affected one or for repairing of part of the affected one, labour and contractor costs, registration costs and transference taxes3. Replacement survey activities in areas affected by the project are carried out by the consultants in July and August 2016. These activities are implemented by: - Directly contacting the affected households and those located near the affected areas to collect information about the prices of land, crops, houses and items on land. - Working with the local authorities to identify the prices of different types of affected land, crops, houses and works and to collect legal documents forming local bases for determination of the unit prices for different types of land, crops and other properties. - Contacting the local house & land office and tax agency to study information about real-estate transactions in the area of Lao Cai City and prices of successful real estate transactions in the city area. Conclusion: (i) Surveys, investigation and set the price for compensation for land acquisition and site clearance are updated and published annually by Lao Cai province. 3. It is not allowed to calculate depreciation of assets or values of reused materials as well as to deduct values of benefits created by the project for affected assets from replacement costs. OCI – 2016 Page 81 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) (ii) Since only few transactions happened at the site, the proposal of market price mentioned in this report only plays as a reference. 10.2. RECOMMENDATIONS Consultants recommend the price for compensation of for residential and agricultural as in the following table: Table 13: Recommendation of compensation rate Recommended Rates as in Lao Cai Province’s rate No. Type of land Decisions (VND/m2) (VND/m2) 1 Residential land 3,000,000 4,500,000 (coefficient =1.5) 2 Land for rice 33,000 66,000 (coefficient =2) 3 Perennial 23,000 46,000 planting land (coefficient =2) 4 Annual crops 26,000 52,000 (coefficient =2) 5 Forest land 8,000 16,000 (coefficient =2) 6 Land for 33,000 66,000 aquaculture (coefficient =2) Independent consultant to identify compensation rate will be hired by the PMU to evaluate replacement cost for land and assets of the AHs and the results will act as foundation for the Lao Cai Provincial People’s Committee to issue decision on actual compensate rate when site clearance is implemented. 10.3. ESTIMATION OF TOTAL COST Upto the time the report made, the total cost estimate for the site clearance of the project is about 72,017,000,000VND, equivalent to 3,186,593 USD (rate exchange at 1 OCI – 2016 Page 82 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) USD= 22,600VND). The cost estimate for site clearance and resettlement in this report has been updated with the latest regulations of the Lao Cai PPC regarding compensation; resettlement and the costs applied for relevant activities have been calculated sufficiently and properly. Budget for implementation of the project will be updated at the time of land acquisition, based investigation results by independent consultants. The total cost includes: Table 14: Estimated Total cost for compensation, site clearance and resettlement Price Sum Type of compensation, No. assistance Unit Quantity (VND) (VND) A Land and assets Sum 1 Land m2 39,869,424,400 Residential land m2 7,992.7 4,500,000 35,967,150,000 Rice m2 27,323.2+3,487 66,000 2,033,473,200 Annually cultivated land Crops m2 7,283.4 52,000 378,763,800 Garden m2 22,149.4 46,000 1,018,872,400 Forest land m2 16,138.5 16,000 258,216,000 Aquaculture land m2 3,226.5 66,000 212,949,000 2 Perennial trees, crops and aquaculture 1,128,557,000 m2 56,756 (= 27,323.2 +7,283.4 Annual crops + 22,149.4) 7,000 397,292,000 Perennial trees Plant 5,000 120,000 600,000,000 Timber Plant 450 220,000 99,000,000 Aquaculture m2 3,226.5 10,000 32,265,000 3 Affected Houses and structure 3,550,000,000 Houses (main and supplementary) m2 5,200 2,800,000 1,456,000,000 Graves Item 5 6,000,000 30,000,000 OCI – 2016 Page 83 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Barns and cages m2 1,160 500,000 580,000,000 Wells M 200 700,000 140,000,000 Water containers m3 760 1,200,000 912,000,000 Fence m2 480 900,000 432,000,000 B Restoration Assistance 9,872,506,800 34,606.6 (27,323.2+ 66,000 Job training assistance and vocational orientation m2 7,283.4) x3 6,852,106,800 Assistance for Relocation Household 25 9,000,000 225,000,000 25 House renting during construction of new house Household (25x6 months) 2,000,000 400,000,000 Assistance for Rehabilitation person 454 600,000 x6 1,634,400,000 Temporarily 72,000,000 For affected Household 06 4,000,000x3 (estimated) households 72,000,000 with business Relocated Household 03 4,000,000x6 (estimated) Bonus for households which hand over the land on time Household 117 3,000,000 351,000,000 Poor household Household 1 8,000,000 8,000,000 Vulnerable households under state sponsor; with handicapped persons, etc. Household 8 3,000,000 24,000,000 C A+B 60,801,493,200 Management of implementation = (A+B) x D 1,216,029,864 2% (including fee for grievance redress) E Contingency for price changes 10,000,000,000 Total sum 72,017,000,000 OCI – 2016 Page 84 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Table 15: Estimated of independent monitoring consultants support the implementation of site clearance and resettlement Unit price Total TT Content Unit Quantity (VND) (VND) Month_ 1 Team leader salary 6 30,000,000 180.000.000 person Tháng/ 2 Specialist salary 6 20.000,000 120.000.000 người Stationery Monitoring 3 8 10.000000 80.000.000 period Office, communication Monitoring 4 12 10.000.000 120.000.000 period Total 500.000.000 OCI – 2016 Page 85 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) APPENDIXES APPENDIX 1: LIST OF HOUSEHOLDS AND TYPE OF LAND AFFECTED Residential land (m2) Agricultural land (m2) No. PAPs Address Note More than Total Affected Total 20% affected Cánh Chín X Relocation 1. Đoàn Thị Minh Tâm 158 x 0 required Cánh Chín X Relocation 2. Phạm Văn Tùng 220 x 0 required 3. Đỗ Ngọc Ba Cánh Chín 200 x 0 X EM Cánh Chín X Relocation 4. Phạm Ngọc Chung 200 x 0 required 5. Lý Thị Hồng Cánh Chín 80 0 X EM 6. Lý A Hải Cánh Chín 100 2686 X EM 7. Lý Thanh An Cánh Chín 0 1472 X EM 8. Nguyễn Văn Hiển Cánh Chín 200 800 X 9. Đào Văn Luyến Cánh Chín 200 2160 X 10. Lý Văn Ngán Cánh Chín 200 720 X EM 11. Trần Thị Phú Cánh Chín 200 6680 X 12. Phan Thị Chanh Cánh Chín 250 1000 X 13. Nguyễn Văn Lương Cánh Chín 200 1080 X 14. Nông Văn Nùng Cánh Chín 400 1050 X EM 15. Nguyễn Thị Chiên Cánh Chín 200 360 X OCI – 2016 Page 86 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 16. Đào Kim Quy Cánh Chín 100 4000 X 17. Lưu Thị Dung Cánh Chín 100 6500 X 18. Nguyễn Thị Mẫn Cánh Chín 200 538 X 19. Phan Thị Lứu Cánh Chín 200 720 X 20. Phạm Văn Hảo Cánh Chín 200 8400 X 21. Nguyễn Thị Vương Cánh Chín 200 2390 X 22. Đào Thị Lưu Cánh Chín 1200 3547 X 23. Nguyễn Văn Sơn Cánh Chín 200 380 Xx 24. Nguyễn Thị Thành Cánh Chín 200 1800 X 25. Hoàng Thị Chinh Cánh Chín 500 1080 X 26. Nguyễn Ánh Ngọc Cánh Chín 100 6000 X 27. Lê Thị Thắm Cánh Chín 200 7000 X 28. Nguyễn Thị Hiền Cánh Chín 200 1440 X 29. Đặng Thị Hiền Cánh Chín 200 5260 X 30. Nguyễn Thị Tuất Cánh Chín 100 3460 X Vulnerable 31. Trần Văn Luyện Cánh Chín 100 1466 X Vulnerable 32. Phan Thị Khu Cánh Chín 290 2520 X 33. Hoàng Văn Đức Cánh Chín 200 400 X Cánh Đông X Relocation 34. Vũ Ngọc Quang 240 x 4298 required Cánh Đông X Relocation 35. Phạm Thị Bình 150 x 300 required Cánh Đông X Relocation 36. Trịnh Thị Oanh 400 x 8000 required Cánh Đông X Relocation 37. Vũ Di Niên/Trần Thị Thủy 100 x 2440 required OCI – 2016 Page 87 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Cánh Đông X Relocation 38. Phạm Văn Lộc 200 x 8500 required 39. Hà Thị Tỉnh Cánh Đông 300 x 200 X Vulnerable Cánh Đông X Relocation 40. Trần Hải Chấm 200 x 0 required Cánh Đông X Relocation 41. Đỗ Viết Hồng 400 x 3200 required Cánh Đông X Relocation 42. Trịnh Thị Khoa 292 x 1572 required 43. Nguyễn Văn Thân Cánh Đông 150 x 0 X Cánh Đông X Relocation 44. Phan Lương Hùng 200 x 3252 required 45. Nguyễn Văn Yên Cánh Đông 150 x 1130 X 46. Nguyễn Thị Lộc Cánh Đông 200 x 1750 X Vunerable 47. Trần Văn Toàn Cánh Đông 278 x 600 X Cánh Đông X Relocation 48. Phạm Văn Bình 400 x 0 required 49. Nông Ánh Ngọc Cánh Đông 200 x 0 X EM 50. Nông Văn Díu Cánh Đông 200 x 1386 X EM 51. Đỗ Viết Lưu Cánh Đông 200 x 1552 X Vulnerable 52. Đỗ Quang Phong Cánh Đông 138 x 460 X 53. Ngô Văn Thăng Cánh Đông 200 x 2000 X Cánh Đông X Relocation 54. Phạm Thanh Đều 280 x 1332 required 55. Ngô Văn Thát Cánh Đông 400 x 800 X Vulnerable 56. Nguyễn Văn Toản Cánh Đông 200 x 3600 X Cánh Đông X Vulnerbale; 57. Phan Thị Thiếc 200 x 3700 Relocation required OCI – 2016 Page 88 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) 58. Ngô Văn Long Cánh Đông 200 x 0 X Cánh Đông X Vulnerable; 59. Trần Thị Nhiêu 200 x 500 Relocation required Cánh Đông X Relocation 60. Phạm Văn Giang 200 x 0 required 61. Ngô Thị Bích Cánh Đông 200 x 9648 X EM 62. Đào Thế Giang Cánh Đông 200 6364 X 63. Trần Thị Hoa Cánh Đông 100 x 30 X Vulnerable 64. Hoàng Thị Quý Cánh Đông 200 x 0 X Vulnerable 65. Hoàng Văn Chức Cánh Đông 200 x 3834 X 66. Vũ Thị Thư Cánh Đông 100 x 5720 X EM 67. Nông Văn Cun Cánh Đông 200 288 X EM 68. Vũ Văn Tuân Cánh Đông 200 10000 X 69. Trần Thị Quất Cánh Đông 200 x 70. Hoàng Thị Lựu Cánh Đông 200 720 X 71. Nguyễn Quốc Bình Giang Đông 2 200 3240 X 72. Nguyễn Văn Chính Cánh Đông 200 932 X 73. Trịnh Văn Minh Cánh Đông 200 2080 X Vulnerable Cánh Đông X Relocation 74. Đỗ Mạnh Hùng 120 x 0 required 75. Nguyễn Văn Hải Cánh Đông 200 5360 X 76. Nguyễn Văn Sáu Cánh Đông 100 504 X 77. Trịnh Nam Thượng Cánh Đông 200 5000 X 78. Vũ Thị Hà Cánh Đông 200 720 X 79. Nguyễn Văn Vinh Cánh Đông 200 712 X OCI – 2016 Page 89 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) Giang Đông X House built on 80. Phạm Ngọc Tiến 0 x 4100 garden land Giang Đông X Relocation 81. Phạm Thị Tân 100 x 0 required 82. Phạm Thái Hải Giang Đông 100 x 500 X 83. Vương Quang Ninh Giang Đông 2 200 x 1114 X X Relocation 84. Nguyễn Văn Trường 350 x 3800 required 85. Nguyễn Thị Hưng Giang Đông 2 150 5108 X 86. Phạm Thị Hồng Giang Đông 2 200 1788 X Giang Đông 2 X Relocation 87. Vũ Thị Lan 200 x 0 required 88. Ngô Quang Chiến Giang Đông 2 200 x 1800 X 89. Lưu Thị Thuận Giang Đông 2 150 x 0 X 90. Lưu Đức Trường Giang Đông 2 100 x 70 X 91. Lưu Đức Khởi Giang Đông 2 200 x 1000 X Giang Đông 2 X Relocation 92. Phạm Thị Xuyện 120 x 3140 required 93. Bạch Ngọc Sáng Giang Đông 2 140 x 100 X DTTS Giang Đông 2 X DTTS; Relocation 94. Hồ Mạnh Trường 150 x 0 required 95. Hồ Thị Nhung Giang Đông 2 200 1924 X EM Giang Đông 2 X EM; Relocation 96. Hồ Văn Dùng 200 x 3776 required 97. Nguyễn Thị Minh Hải Giang Đông 2 200 x 200 X 98. Bùi Hoài Giang/Lâm Thị Thơ Giang Đông 2 200 x 251 X EM 99. Nguyễn Trung Bồng Giang Đông 2 182 3492 X 100. Lương Thị Bình Giang Đông 2 100 x 300 X Relocation OCI – 2016 Page 90 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) required Giang Đồng 2 X Vulnerable; 101. Phạm Thị Chuyền 100 x 677 Relocation required 102. Nguyễn Phúc Ninh Giang Đông 2 150 x 1700 X Giang Đông 2 X EM; Relocation 103. Bàn Thị Hằng 200 x 0 required 104. Nguyễn Quang Cảnh Giang Đông 2 150 x 0 X 105. Hoàng Thị Thanh Nhàn Giang Đông 2 120 x 0 X 106. Đào Văn Vuôn Giang Đông 2 120 x 0 X 107. Trịnh Thị Phỉnh Giang Đông 2 200 2080 X 108. Phạm Văn Thế Giang Đông 2 200 17970 X 109. Phàn A La/Phàn A Sinh Giang Đông 2 200 1260 X EM 110. Nông Văn Rủ Giang Đông 2 200 1008 X EM 111. Vi Văn Phong Giang Đông 2 200 864 X EM 112. Lưu Đức Phấn Giang Đông 2 200 x 5620 X 113. Trương Hữu Hảo Giang Đông 2 100 720 X 114. Đỗ Thị Giang Giang Đông 2 200 1080 X 115. Đào Chung Huân Giang Đông 2 150 360 X Vulnerable 116. Phạm Thị Xuyến Giang Đông 2 100 380 X 117. Phạm Văn Lưu Giang Đông 2 200 11800 X OCI – 2016 Page 91 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) APPENDIX 2: PHOTOS OF COMMUNITY CONSULTATION OCI – 2016 Page 92 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) APPENDIX 3: CONSULTATION MINUTES OCI – 2016 Page 93 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 94 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 95 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 96 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 97 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 98 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 99 Medium Cities Development Project – Lao Cai Subproject: Additional financing Resettlement Plan (RP) OCI – 2016 Page 100