RP173 v8 SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF TRANSPORT PROJECT MANAGEMENT UNIT 18 ROAD NETWORK IMPROVEMENT PROGRAM Credit 3843-VN CONSULTING SERVICES FOR DESIGN AND SUPERVISION FOR THE NETWORK IMPROVEMENT PROGRAM NH21/1 NAM DINH - LAC QUAN RESETTLEMENT ACTION PLAN REVISION 3 ­ FEBRUARY 2008 SMEC INTERNATIONAL PTY LTD In association with APECO Executive Summary Executive Summary A. THE ROAD NETWORK IMPROVEMENT PROJECT The overall development objective of the Road Network Improvement Project (RNIP) is to improve the national road network through increased preventative maintenance and selective upgrading and an increase in the level of resources available for road maintenance and capacity for planning, budgeting and monitoring of road assets. The Network Improvement Project (NIP) includes the rehabilitation and strategic upgrading of approximately 550 kilometres of national roads over a three-year period. In accordance with the requirements of the Development Credit Agreement (DCA) the adverse impacts on project-affected people and ethnic minorities associated with implementation of NIP must be addressed within the Policy Framework for Compensation, Resettlement and Rehabilitation of Displaced Persons and Policy Framework and Guidelines for Ethnic Minorities Development Plan as approved by the MoT and Prime Minister. B. THE NIP SUB-PROJECTS The second year annual works program (AWP2) of the NIP covers sections of six national highways with a total length of about 243 km. These sub-projects are as follows: Length Road Number Province(s) Start ­ End (km) NH 8B Ha Tinh Hong Linh ­ Nghi Xuan 17.5 NH 10 Ninh Binh ­ Thanh Hoa Ninh Binh Town ­ Hau Loc 45 NH 21/2 Nam Dinh Lac Quan Bridge- Thinh Long 35 NH 21/1 Nam Dinh Nam Dinh - Lac Quan Bridge 21 NH 38B Hung Yen - Hai Duong Hai Duong City- Hung Yen Town 57.8 NH 39/1 Thai Binh Trieu Duong - Diem Dien 36 NH39/2 Thai Binh km 64-74 and km 81-91 20.5 NH18 Quang Ninh Cua Ong ­ Mong Duong 10 The civil works on these sub-projects include: o Earthworks and pavement construction associated with widening and strengthening the existing embankment and pavement; o Bridge demolition, re-construction and / or rehabilitation; o Drainage works including repair/extension or installation of concrete pipe and box 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page i Executive Summary culverts and construction of pipe side drains with side entry pits, o Installation of road fixtures such as guardrails, line marking, guideposts, signs and kilometre posts. C. SUB-PROJECT IMPACTS The Feasibility Studies evidenced each sub-project to be economically, socially and environmentally feasible. Any adverse environmental or social impacts identified at the Feasibility Stage were determined to be able to be adequately managed within the scope of the RAP (this document) and the Environmental Management Plan (EMP). The critical impact of the sub-projects identified during the Feasibility Studies was the temporary and permanent resettlement caused by construction of the civil works. D. SCOPE OF RAP The RAP addresses households adversely impacted by NIP implementation and is in keeping with the project Policy Framework reflecting both existing Vietnamese laws and Work Bank policy, particularly the Operational Policy (OP) 4.12. This RAP aims to ensure that all Displaced Persons (DPs) receive a fair market price for land, structures and private assets needed for, or otherwise damaged by, project activities. Furthermore, cases where asset loss is deemed severe, measures are prescribed to provide relocation services and economic rehabilitation assistance for adversely affected households. Determination of DP-level compensation and entitlements is based on the Policy Framework. The RAP provides some clarification on the concepts of Eligibility, Legal Framework, and Compensation and Entitlement Policy, central to resettlement policy associated with this sub- project. E. ELIGIBILITY As defined in the Policy Framework, any person, persons, household, firm or private or public institution who experiences direct economic or social impacts caused by the implementation of the NIP sub-projects, resulting in the involuntary taking of land or involuntary restriction of access either temporarily or permanently, will be eligible for compensation or other rehabilitation measures outlined in the RAP. The cut off date for eligibility is the last day of the Detailed Measurement Survey (DMS) for each sub-project. F. LEGAL FRAMEWORK The legal framework for NIP is defined by the Policy Framework. The World Bank Operational Policy OP4.12 is the primary legal document for resettlement, compensation and rehabilitation. To comply with OP4.12, GOV has agreed to waive: o Decree No. 172/1999/CP for DPs without legal or legalizable rights over affected assets; 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page ii Executive Summary o Articles 7, 8, 16, 17, 18 and 25 of Decree No. 22/1998/ND-CP on land compensation and resettlement. (Note that Decree No. 197/2004/ND-CP has superseded Decree No. 22/1998/ND-CP, however Article 1 of Decree No. 197/2004/ND-CP indicates that International Treaty associated with Official Development Aid (ODA) shall have precedence, hence the Development Credit Agreement (DCA) and Policy Framework remain the binding legal document for NIP AWP2 and AWP3 sub-projects); and o Decree No. 87/1994/CP for maximum and minimum prices for compensation of different categories of land. The Policy Framework for Land Acquisition, Compensation and Resettlement for NIP has been approved by the Ministry of Transport (MoT) under Decision No. 3208/QD.BGTVT dated 30 October 2003 to be applied by all participating provinces under the project. The Land Clearance Limits are defined for NIP roads in accordance with MOT Decisions 592/1999/QD-GTVT and 3037/QD-GTVT. The Road Safety Corridor for AWP2 and AWP3 roads is defined by Government Decree 186/2004/ND-CP, Articles 13 to 22. The Provincial People's Committee (PPC) of Nam Dinh province has released Decision No. 2266/2005/QD-UBND to give appropriate prices of compensation and resettlement assistance. G. COMPENSATION AND ENTITLEMENT POLICY Based on the principle objectives of the Policy Framework, all DP's will be compensated for their losses at replacement cost and provided with other assistance and rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity. To meet the Bank's strategy of restoring their social and economic base DPs will require at least the following: o compensation for lost assets and incomes; o transfer and relocation assistance, and o help to rehabilitate and restore their livelihoods. Compensation at market rates will only be adequate when neither livelihood nor housing is affected. The Entitlement Policy will follow the requirements of Section (E) of the Policy Framework for Compensation, Resettlement and Rehabilitation of Displaced Persons. H. INSTITUTIONAL ARRANGEMENTS In accordance with the Policy Framework, Project Management Unit 18 (PMU18) under MoT is responsible for the enforcement of the Policy Framework and implementation of Resettlement Plans (RPs). Resettlement Committees will be established at provincial and district level to assist PMU18 in all activities related to the RAPs. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page iii Executive Summary I. PUBLIC PARTICIPATION AND CONSULTATION According to World Bank guidelines, DPs are to be informed and consulted to enable their active participation in the planning and implementation of this RAP. DPs have participated throughout the various stages of the planning and implementation of the inventory and resettlement plan. During resettlement planning and RAP preparation activities, land demarcation and a detailed measurement survey (DMS) of affected assets was undertaken. In the course of the DMS, each DP household was fully informed by the PMU18 through District People's Committees and Communes People's Committees of their compensation entitlements and rehabilitation choices. During the implementation of resettlement and rehabilitation activities further information dissemination and consultation will be undertaken with the DPs regarding resettlement policies and procedures, calculation and payment of compensation, clearance from the project area, and civil works. PMU18, in collaboration with PCC of Nam Dinh province, DCC of Nam Truc and Truc Ninh Districts, and Nam Dinh city, and Communes PCs have completed the initial DMS and will be responsible for the implementation of the remainder of this programme. J. COMPLAINTS AND GRIEVANCES The Policy Framework provides timeframes and procedures for addressing complaints and grievances as follows: o DPs may address grievances and complaints at any time, beginning with the Commune People's Committee (PC). o If the DP is unsatisfied with the decision or the Commune PC is unable to resolve the issue, then the DP may refer to the District PC, then Provincial PC, and finally the District People's Court. External monitoring and evaluation will verify that complaints by DPs have been resolved appropriately and in accordance with the RAP and Policy Framework. K. MONITORING AND EVALUATION The NIP will include both internal and external monitoring and evaluation. PMU18 is responsible for the internal monitoring and supervision of the RPs for each sub- project through the District and Provincial Compensation Committees. The findings of the internal supervision and monitoring will be recorded in a quarterly report to be submitted to GoV. Internal monitoring and supervision will include: verification of baseline information; overseeing that RP's are implemented; verification that funds are dispersed; and record grievances and their resolution. An independent agency has been retained to carry out external monitoring and evaluation of 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page iv Executive Summary the implementation of the RPs. External monitoring and evaluation involves verification of the internal supervision and monitoring quarterly reports and 10% sampling of relevant DPs every six (6) months. L. ROAD IMPROVEMENT FOR NATIONAL HIGHWAY 21/1 The NIP section of NH21/1 is situated in Nam Dinh Province, approximately 100 km south of Hanoi. This province is in the Red River Delta region of Vietnam. The sub-project road section traverses a flat area of coastal plain characteristically of irrigated rice fields and some urban areas. The road alignment is generally flat and straight on a low embankment. The existing width of the road is from 5 to 8 metres with rough pavement and uneven edges. Proposed improvement measures for the sub-project include widening of the road formation and paving with asphalt concrete materials. All resettlement issues associated with improvement works will follow the guidelines laid out in the Policy Framework and the Umbrella Report of the RAP of the NIP. M. SUB-PROJECT IMPACTS AND ENTITLEMENTS A total of 2,615 households will be affected by the Sub-project. Of these households, 98 households have agricultural holdings that will be impacted by the project of which none will be severely impacted. 2,502 households have residential holdings that will be impacted by the project of which none of the households will be severely impacted. All damages to residential structures will be partial and all DPs state their intention to reorganise their structures on the same site. Where this is not possible a nearby location will be negotiated with District and Commune People's Committee. Table - Summary of Impacts Type of Loss Compensation Policy DPs Cash for affected area 98 1. Agricultural land Cash for entire holding 0 Land for land 0 Cash for affected area 2,502 2. Residential land Cash for entire holding 0 Land for land 0 Cash comp. for affected area (partial) 2,643 3. Houses and structures Cash comp. for entire structure (full) 0 Cash allowance 0 4. Rented residences Cash allowance (temporary) 240 5. Crops trees Cash compensation 1,259 6. Fixed assets Cash compensation 286 7. Business Cash compensation 200 Transport & transition allowance 0 Repair allowance per partially affected 8. Allowances 2,643 structure Income rehabilitation assistance 0 9. Community Cash compensation 150 infrastructure 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page v Executive Summary N. RESETTLEMENT COSTS AND IMPLEMENTATION PLAN Resettlement costs cover both compensation for damages and/or losses to physical assets, entitlement payments for households with specific circumstances and additional costs for administration, monitoring and evaluation. Compensation costs were estimated at the district level, based on the official rates provided to the project by the PPC Nam Dinh. The total estimated resettlement cost for NH21/1 is 251,890,178,100 VND which is equal to 15,892,125 USD. Implementation of the RAP will occur over a period of 6 (six) months. Implementation of income rehabilitation assistance will continue for some time afterwards, depending on the scale and nature of these programmes as identified by the eligible households. Based on the information available in November 2006, it is expected that civil works will start in the first quarter 2008, which would require resettlement to be initiated forthwith. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page vi Table of Contents Table of Contents EXECUTIVE SUMMARY ABBREVIATIONS & TERMINOLOGY 1 INTRODUCTION ................................................................................................ 1-1 1.1 The Project ............................................................................................................ 1-1 1.2 Project Area .......................................................................................................... 1-1 1.3 Responsibility ....................................................................................................... 1-2 1.4 Sub-Project Description ........................................................................................ 1-4 1.5 Scope of Works..................................................................................................... 1-4 1.6 Documentation of Resettlement Issues ................................................................. 1-4 2 PROJECT COMPONENTS AND SCOPE OF RAP ........................................... 2-1 2.1 Second Year (AWP2) Sub-Projects ...................................................................... 2-1 2.2 Resettlement Issues ............................................................................................... 2-2 2.3 Sub-Project Impacts .............................................................................................. 2-3 2.4 Scope of Resettlement Action Planning ............................................................... 2-3 3 DEFINITIONS ..................................................................................................... 3-1 3.1 Definitions ............................................................................................................ 3-1 3.2 Eligibility .............................................................................................................. 3-1 4 LEGAL FRAMEWORK ...................................................................................... 4-1 5 COMPENSATION AND ENTITLEMENT POLICY ......................................... 5-1 5.1 Principles and entitlements ................................................................................... 5-1 6 INSTITUTIONAL ARRANGEMENTS .............................................................. 6-1 7 PUBLIC PARTICIPATION AND CONSULTATION ....................................... 7-1 7.1 Phase I: Consultation on Resettlement Planning and Preparation ........................ 7-1 7.2 Phase II: Information Campaign and Consultation during Resettlement Implementation .............................................................................................................. 7-2 8 GRIEVANCE PROCEDURES ............................................................................ 8-1 8.1 Timeframes and Procedures ................................................................................. 8-1 9 MONITORING..................................................................................................... 9-1 10 IMPACTS ON AFFECTED PEOPLE ............................................................... 10-1 10.1 Socio-Economic characteristics of DPs .............................................................. 10-1 10.2 Project Impacts ................................................................................................... 10-5 10.3 Economic Rehabilitation .................................................................................... 10-3 11 COMPENSATION POLICY AND ENTITLEMENT ....................................... 11-5 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page vii Executive Summary 12 COSTS AND BUDGET ..................................................................................... 12-1 12.1 Procedures for Flow of Funds............................................................................. 12-1 12.2 Inflation Adjustment ........................................................................................... 12-1 12.3 Implementation, Administration and Contingency Costs ................................... 12-1 12.4 Unit Prices for Cost Estimation .......................................................................... 12-1 13 IMPLEMENTATION SCHEDULE ................................................................... 13-1 13.1 Approval of the RAP .......................................................................................... 13-1 13.2 Establishment of the Compensation Committee ................................................ 13-1 13.3 Training of the Compensation Committee ......................................................... 13-1 13.4 Potential Readjustment of DMS ......................................................................... 13-1 13.5 Establishment of Detailed Compensation Rates ................................................. 13-1 13.6 Conduct Public Information Campaign .............................................................. 13-2 13.7 Planning for Resettlement and Income Rehabilitation Assistance ..................... 13-2 13.8 Preparation and Approval of Compensation Plan .............................................. 13-2 13.9 Payment of Compensation and other Entitlements to DPs ................................. 13-2 13.10 Clearance of the Corridor of Impact ................................................................... 13-3 13.11 Monitoring of Resettlement Activities ............................................................... 13-3 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page viii Executive Summary List of Tables Table 1-1 - NIP Annual Works Programs ............................................................................... 1-1 Table 1-2 - Description of Project Improvement Sections ..................................................... 1-3 Table 2-1 - Technical Design Specifications of NIP Second-Year Roads (AWP2) .............. 2-2 Table 2-2 - Land Clearance and Road Safety Marker Offsets ............................................... 2-3 Table 10-1 - Numbers and distribution of DPs...................................................................... 10-1 Table 10-2 - Summary of Impacts ......................................................................................... 10-5 Table 10-3 - Land impacts ..................................................................................................... 10-7 Table 10-4 - Building structure impacts ................................................................................ 10-1 Table 10-5 - Fixed assets impact ........................................................................................... 10-2 Table 10-6 - Impact on crops ................................................................................................. 10-2 Table 11-1 - Entitlement Matrix ............................................................................................ 11-6 Table 12-1 - Cost Estimate for Resettlement Action Plan (RAP) ......................................... 12-3 Table 13-1 - Implementation Schedule ................................................................................. 13-4 List of Figures Figure 1-1 - Location of NIP Roads ....................................................................................... 1-2 Figure 1-2 - Project Location ................................................................................................. 1-4 Figure 2-1 - Typical Cross Section for the Purpose of Resettlement (LBI, 2003) .................. 2-4 Figure 10-1 - DPs distribution by age and gender ................................................................. 10-2 Figure 10-2 - Marital status of DPs ....................................................................................... 10-2 Figure 10-3 - Household Size of DPs .................................................................................... 10-3 Figure 10-4 - Income source of DPs...................................................................................... 10-3 Figure 10-5 - Income level of DPs ........................................................................................ 10-4 Figure 10-6 - Water Supply of DPs ...................................................................................... 10-4 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page ix Executive Summary Abbreviations & Terminology DCC District Compensation Committee DMS Detailed Measurement Survey DP Displaced Person EIA Environmental Impact Assessment EMP Environmental Management Plan GOV Government of Viet Nam HH Household LURC Land Use Right Certificate MOT Ministry of Transport NH National Highway NIP Network Improvement Project OP Operational Policy PAP Project Affected People (refers to a project affected household) PC Public Consultation PCC Provincial Compensation Committee PDOT Provincial Department of Transport PID1 Project Implementation Division 1 PMU18 Project Management Unit No 18 PPC Provincial People's Committee RAP Resettlement Action Plan ROW Right-of-way USD or $ United States Dollars VND Vietnamese Dong WB World Bank (including IDA) 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page x Executive Summary Preparation, Review, Authorisation This Report was prepared by: Social/Environmental Group Signature: ................................................... Date: ................. This Report was reviewed by: Team Leader Signature: ................................................. Date: ................. REVISION STATUS Revision Date Amendments Prepared Authorised 0 19-Jan-06 - MTT AM 1 22-Jun-06 WB letter 31-01-06 MTT AM 2 17-Nov-06 PMU18 letter 02-11-06 CT AM 3 Feb-08 WB letter 17-12-07 ISSUE REGISTER Issued to Date No of Copies Client ­ English - Client ­ Vietnamese - World Bank Hanoi ­ English - World Bank Hanoi ­ Vietnamese - World Bank Washington - SMEC H&T - SMEC Regional Manager ­ Mekong - SMEC Project Office - 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page xi Introduction 1 INTRODUCTION 1.1 The Project The Government of Vietnam has received a credit from World Bank to assist with the implementation of a Network Improvement Program (NIP) which includes the rehabilitation and upgrading of about 550 km of national roads over a five year period. The road works have been packaged into three annual work programs (AWP's) as shown in Table 1-1. Table 1-1 - NIP Annual Works Programs Work Plan No of Roads Approx. Length Construction Period AWP 1 5 124 km 2005 - 2006 AWP 2 8 243 km 2006 - 2007 AWP 3 6 187 km 2007 - 2008 This Resettlement Action Plan (RAP) provides the social-economic information and analysis required to meet the requirements of the Government of Vietnam (GoV) and World Bank (WB) within the Policy Framework for Compensation, Resettlement and Rehabilitation of Displaced Persons. 1.2 Project Area As depicted in Figure 1-1 and outlined in Table 1-2, the project area for improvement works falls in the Northern provinces of Vietnam; primarily in the Red River Delta and in the Northern Highlands. Table 1-2 shows the current list of project roads. The stages of development of the various project roads are as follows: The AWP1 roads have been completed to the stage of Detailed Design by the previous Consultant (5 roads). The shaded roads in AWP2 and AWP3 have undergone screening and feasibility study to determine their feasibility based on full engineering, economic, social, and environmental analysis (7 roads). The AWP2 and AWP3 roads all require Detailed Design, Environmental Management Plans (EMP) and Resettlement Action Plans (RAP) (14 roads). 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 1-1 Introduction 1.3 Responsibility The Ministry of Transportation (MOT) has responsibility for the execution and coordination of the RNIP. Project Management Unit 18 (PMU18) is responsible for all procurement and civil works activities related to NIP. The responsibility for implementing the Policy Framework and planning and implementing the RP's rests with PMU18. Figure 1-1 - Location of NIP Roads 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 1-2 Introduction Table 1-2 - Description of Project Improvement Sections No Road Province / Length AWP Number of Road Carriageway/ Bridge Name (km) Civil Class Formation Length Works Width (m) Start Point- End Point Contracts 1 NH 37 Bac Giang ­ Thai Nguyen 49.7 I 1 IV 8.0/9.0 m 30 (Dinh Tram ­ Pho Huong) 2 NH 47 Thanh Hoa 20.5 I 1 III 11.0/12.0 m 9 (Cau Thieu ­ Xuan Thang) 3 NH 48-I Nghe An 8 I 1 III 11.0/12.0 m 6 (Nam Cam ­ Cua Lo) 4 NH 48-II Nghe An 20 I 1 III 11.0/12.0 m 36 (km0 ­ km20) 5 NH 48-III Nghe An 26 I 1 IV 8.0/9.0 m 38 (km38 ­ km64) Sub-Total AWP1 124.2 119 6 NH 8B Ha Tinh 17.5 II 1 IV 8.0/9.0 m (Hong Linh ­ Nghi Xuan) 7 NH 10 Ninh Binh ­ Thanh Hoa 45 II 1 III 11.0/12.0 m 159 (Ninh Binh Town ­ Hau Loc) 8 NH 21 Nam Dinh 35 II 1 IV 8.0/9.0 m 18 (Lac Quan Bridge- Thanh Long) 9 NH 21 Nam Dinh 21 II 1 III 11.0/12.0 m (Nam Dinh - Lac Quan Bridge) 10 NH 38B Hung Yen, Hai Duong 57.8 II 1 III 11.0/12.0 m 103 (Hai Duong Town- Hung Yen Town) 11 NH 39 Thai Binh 36 II 1 III 11.0/12.0 m 114 (Trieu Duong - Diem Dien) 12 NH39 Thai Binh 20.5 II 1 III 11.0/12.0 m (km 64-74 and km 81-91) 13 NH18 Quang Ninh 10 II 1 III 11.0/12.0 m ( Cua Ong ­ Mong Duong) Sub-Total AWP2 242.8 394 14 NH 12A Quang Binh 24 III 1 IV 8.0/9.0 m 26 (km 29 ­ 43) 15 NH 18C Quang Ninh 48.8 III 1 IV 6.0/8.0 m 18 (Tien Yen ­ Hoanh Mo) 16 NH2C Ha Tay, Vinh Phuc 20 III 1 III 11.0/12.0 (Vinh Yen ­ Son Tay) 17 NH38 Hai duong, Hung Yen 20 III 1 III 11.0/12.0 (Quan Goi - Cau Yen Lenh) 18 NH12B Ninh Binh 31 III 1 III 11.0/12.0 (Nho quan ­ Tam Diep) 19 NH15 Ha Tinh 43 III 1 IV 8.0/9.0 (Thach Hai-Phuc Dong) Sub-Total AWP3 186.8 44 Total 553.8 557 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 1-3 Introduction 1.4 Sub-Project Description National Highway 21/1 (NH21/1) begins at Nam Dinh town (Km 149+500) and ends at Lac Quan Bridge (Km 173+400). Figure 1-2 shows the project location. Figure 1-2 - Project Location 1.5 Scope of Works The Works involve the upgrading and rehabilitation of NH21/1 between Nam Dinh town and Lac Quan Bridge to Class III standard. Within this length, there is one (1) long bridge (> 25m long) to be included in a separate construction package. The length of this bridge is 35.1 m. The total length of road to be constructed under this project is 21km as described in the following sections. The Policy Framework also applies to contemporaneously planned projects such as the JBIC bridges. Only one policy (the World Bank Policy Framework) will be applied along the NIP roads and the clearance and compensation adjacent to the JBIC bridges will be carried out at the same time and using the same policy as the rest of the road. 1.6 Documentation of Resettlement Issues The Resettlement Action Plan (RAP) for the NH21-1 sub-project aims to ensure that all DP's in Nam Dinh province are adequately compensated for any project-related acquisition of assets and that sufficient measures are taken to assist the DP's. This RAP is based on: 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 1-4 Introduction o Policy Framework for Compensation, Resettlement and Rehabilitation of Displaced Persons (September, 2003) o Umbrella RAP for NIP (September, 2003) o Terms of Reference for Consultancy Services, Clauses 6.9, 6.10 and 6.11 As a minimum, each sub-project in AWP2 and AWP3 has an Environmental Management Plan (EMP) and Resettlement Action Plan (RAP) (this document) prepared to mitigate negative socio-environmental impacts resulting from the civil works. One Environmental Impact Assessment (EIA) was prepared to supplement the Programmatic Environmental Impact Assessment (PEIA) and covers the regions and roads included in AWP2 and AWP3 not previously covered in the PEIA. Ethnic Minority Development Plans (EMDPs) have been developed where necessary. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 1-5 Project Components and Scope of RAP 2 PROJECT COMPONENTS AND SCOPE OF RAP 2.1 Second Year (AWP2) Sub-Projects The second year annual works program (AWP2) of the NIP covers sections of six national highways with a total length of about 243 km. These sub-projects are as follows: Length Road Number Province(s) Start ­ End (km) NH 8B Ha Tinh Hong Linh ­ Nghi Xuan 17.5 NH 10 Ninh Binh ­ Thanh Hoa Ninh Binh Town ­ Hau Loc 45 NH 21/1 Nam Dinh Lac Quan Bridge- Thinh Long 35 NH 21/1 Nam Dinh Nam Dinh - Lac Quan Bridge 21 NH 38B Hung Yen - Hai Duong Hai Duong City- Hung Yen Town 57.8 NH 39/1 Thai Binh Trieu Duong - Diem Dien 36 NH39/2 Thai Binh km 64-74 and km 81-91 20.5 NH18 Quang Ninh Cua Ong ­ Mong Duong 10 The civil works on these sub-projects include: o Earthworks and pavement construction associated with widening and strengthening the existing embankment and pavement; o Bridge demolition, re-construction and / or rehabilitation; o Drainage works including repair/extension or installation of concrete pipe and box culverts and construction of pipe side drains with side entry pits, o Installation of road fixtures such as guardrails, line marking, guideposts, signs and kilometre posts. Table 2-1 summarizes the preliminary technical designs for the second year sub-projects. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 2-1 Project Components and Scope of RAP Table 2-1 - Technical Design Specifications of NIP Second-Year Roads (AWP2) Road Sub- Design Speed Travelled Shoulder Paved Shoulder Embankment Projects (km/h) Way (m) Width (m) Width (m) Width (m) NH 8B 40 2x3 2x1.5 2x1 9 NH 10 60 2x3.5 2x2.5 2x2 12 NH 21-1 40 2x3 2x1.5 2x1 9 NH 21-2 60 2x3.5 2x2.5 2x2 12 NH 38B 60 2x3.5 2x2.5 2x2 12 NH 39-1 60 2x3.5 2x2.5 2x2 12 NH 39-2 60 2x3.5 2x2.5 2x2 12 NH 18 60 2x3.5 2x2.5 2x2 12 2.2 Resettlement Issues With few exceptions, population distribution is characteristically ribbon development along both sides of project roads. Many houses are built behind smaller structures fronting the existing road which are used for commercial purposes. These include filling stations and garages, retail outlets, garden centres, brick makers, timber yards and many other small industrial and commercial interests. The Policy Framework lays down the principles and objectives, eligibility criteria of DPs, entitlements, legal and institutional framework, modes of compensation and rehabilitation, peoples' participation features and grievance procedure that will guide the compensation, resettlement, and rehabilitation of DPs. The Policy Framework and its provisions also applies to other recently completed, ongoing, or contemporaneously planned projects or development activities, regardless of source of funding, which are directly and significantly related to the NIP subcomponents and are necessary to achieve its stated objectives. A fundamental principle of World Bank policy is to minimize resettlement. Hence, the Consultant, based on dialogue with all stakeholders, has examined all available design options for the final design of sub-projects to avoid or, where that is not possible, to minimize land acquisition, displacement and other adverse social impacts. Typically the measures taken to minimise land acquisition during the design of the sub- projects has included: Road alignment design which avoids all structures to the greatest extent possible. Reduction in design standards at critical sections to avoid unnecessary land acquisition. Realignments and bypasses of densely populated areas where the cost of land acquisition was greater than the cost of the bypass construction. Reduction of Site Clearance width in urban areas. Nam Dinh PPC letter 230/UBND­VP5 dated 14th September 2006 provided comments on the alignment of NH21/1 based on consideration of the above issues and the requirements of PPC Nam Dinh. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 2-2 Project Components and Scope of RAP 2.3 Sub-Project Impacts The Feasibility Studies evidenced each sub-project to be economically, socially and environmentally feasible. Any adverse environmental or social impacts identified at the Feasibility Stage were determined to be able to be adequately managed within the scope of the RAP (this document) and the Environmental Management Plan (EMP). The critical impact of the sub-projects identified during the Feasibility Studies was the temporary and permanent resettlement caused by construction of the civil works. 2.4 Scope of Resettlement Action Planning The RAP addresses households adversely impacted by NIP implementation and is in keeping with the project Policy Framework reflecting both existing Vietnamese laws and Work Bank policy, particularly the Operational Policy (OP) 4.12. Determination of DP-level compensation and entitlements is based on the Policy Framework. This RAP aims to ensure that all Displaced Persons (DPs) receive a fair market price for land, structures and private assets needed for, or otherwise damaged by, project activities. Furthermore, cases where asset loss is deemed severe, measures are prescribed to provide relocation services and economic rehabilitation assistance for adversely affected households. The Land Clearance Limits are defined for NIP roads in accordance with MOT Decisions 592/1999/QD-GTVT and 3037/QD-GTVT. The Road Safety Corridor for AWP2 and AWP3 roads is defined by Government Decree 186/2004/ND-CP, Articles 13 to 22. The required offsets from the road formation1 for Land Clearance and for the Road Safety Corridor are shown in Table 2-2. The Land Clearance Limits are depicted in Figure 2-1. Table 2-2 - Land Clearance and Road Safety Marker Offsets Location Land Clearance Road Safety Corridor Class IV Class III Rural Roads 3.0 m 10 m 15 m Urban Roads Varies 0 ­ 1.5 m 1 Varies 2 Varies2 Rural Bridges 3.0 m 20 m3 20 m3 Urban Bridges Varies 0 ­ 1.5 m1 7m 7m Notes: 1. Land Clearance in Urban Roads is subject to Local Authority planning and Master Plans. 2. Road Safety Corridor in Urban Roads is dependent on planning approved by competent authorities in accordance with Article 13, Clause 3 of Government Decree 186/2004/ND-CP 3. For bridges less than 20 m, otherwise the offset is 50m for bridges between 20 m and 60 m. 1 Road Formation is defined by: the toe of batter in embankment, the top of cut batter in cut; or the outer edge of longitudinal table drains, cut-off drains or realigned irrigation channels. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 2-3 Project Components and Scope of RAP The Consultant awarded a sub-contract to APECO to train district and commune level government officers to conduct consultations with the DPs and to undertake the socio- economic survey. A comprehensive inventory was compiled of project-affected assets, as well as general socio-economic information about the DPs. Annex 2 shows the questionnaires used in the consultations and socio-economic surveys. Annex 3 provides are record of the public consultations. Figure 2-1 - Typical Cross Section for the Purpose of Resettlement (LBI, 2003) 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 2-4 Definitions 3 DEFINITIONS The Policy Framework provides the Definitions relevant to the preparation and implementation of Resettlement Action Plans for the Road Network Improvement Project. 3.1 Definitions Displaced Persons (DPs) are people who at the date of the initial detailed measurement/census survey (DMS) are located within the project area of NH 21-1 and who due to a change in land tenure or water use, with or without the physical displacement of the DP, will have their: (a) standard of living adversely affected; or (b) right, title or interest on all or part of any house, land (including premises, agricultural and grazing land, annual or perennial crops and trees) or any other fixed or movable asset acquired or possessed temporarily or permanently; or (c) business, occupation, place of work or residence or habitat adversely affected temporarily or permanently. DP refers to an affected household and all members of that household and not to individuals. 3.2 Eligibility Lack of legal rights to lost assets will not bar DPs from entitlement to compensation and rehabilitation measures. Under Vietnamese law, people who use land or build structures without permission to do so are not entitled to the same compensation as those who do have such permissions. However, to ensure RAP objectives of restoring or improving living standards, income earning capacity and production levels of DPs, the project will provide them with assistance and rehabilitation entitlements and benefits. An important aspect in this definition is that the term `resettlement' is not limited to the physical relocation of people or households, but refers also to the displacement of their economic circumstances and life survival strategies. The RAP for NH 21-1 therefore includes developing procedures for establishing eligibility for resettlement assistance, conducting socio-economic surveys and legal analyses, carrying out public consultation, evaluating options for income restoration. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 3-1 Legal Framework 4 LEGAL FRAMEWORK The Policy Framework specifies the Legal Framework for the preparation and implementation of Resettlement Action Plans for the Road Network Improvement Project. The resettlement and rehabilitation plan described in this RAP has been designed in accordance with the laws of the Government of Viet Nam and the provisions of the World Bank's Operational Policy 4.12 (LBI, August 2003). The Policy Framework for Land Acquisition, Compensation and Resettlement for NIP has been approved by the Ministry of Transport (MoT) under Decision No. 3208/QD.BGTVT dated 30 October 2003 to be applied by all participating provinces under the project. Other key regulations and documents in relation to land acquisition and compensation, issued by the Central Government and Provincial Government, include the following documents: o Decree 197/2004 ND-CP. Note that Decree No. 197/2004/ND-CP has superseded Decree No. 22/1998/ND-CP (referenced in the Policy Framework), however Article 1 of Decree No. 197/2004/ND-CP indicates that International Treaty associated with Official Development Aid (ODA) shall have precedence, hence the Development Credit Agreement (DCA) and Policy Framework remain the binding legal document for NIP AWP2 and AWP3 sub-projects; o Circular 116/2004 TT-BTC by the Ministry of Finance regarding the guidelines for implementing Decree 197; o The Land Clearance Limits are defined for NIP roads in accordance with MOT Decisions 592/1999/QD-GTVT and 3037/QD-GTVT. The Road Safety Corridor for AWP2 and AWP3 roads is defined by Government Decree 186/2004/ND-CP, Articles 13 to 22. o Decision No. 2266/2005 QD-UBND on compensation prices issued on 15 July 2005 by People's Committee of Nam Dinh 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 4-1 Compensation and Entitlement Policy 5 COMPENSATION AND ENTITLEMENT POLICY The Policy Framework (LBI, August 2003) specifies the Compensation and Entitlement Policy for the preparation and implementation of Resettlement Action Plans for the Road Network Improvement Project. The general policy and its components make provision for anticipated situations and to possible situations that might arise due to land acquisition requirements for the project. 5.1 Principles and entitlements The current legislation governing compensation, assistance, and resettlement on land acquisition is Decision No.197/2004/ND-CP dated 3 December 2004. This Decision replaces Decision No.22/1998/ND-CP enacted 24 April 1998 referenced in the Policy Framework. Under Decision 197/2004/ND-CP those who lose in excess of 30% of their agricultural land, requiring them to engage in some other income-earning activities, would be entitled to economic rehabilitation assistance in the form of special skills training or other development support to compensate for the loss of productive assets and/or their source of income. However, to achieve the World Bank's objectives, the specific principles of the resettlement policy will be applied: DPs that: (a) lose more than 20% of their agricultural and commercial land; or (b) are left with remaining land which is not viable for continued use: will be considered as severely affected DPs and compensated for their lost assets, incomes, jobs and businesses at replacement cost. DPs will also be provided with appropriate development assistance in order to improve or at least restore their incomes and living standards to pre-project levels. DPs affected by partial impact on their assets (i.e. partial loss of land or structures where the remaining assets are viable for continued use) will be entitled to compensation for the affected assets at full replacement cost. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 5-1 Institutional Arrangements 6 INSTITUTIONAL ARRANGEMENTS The Policy Framework specifies the Institutional (Implementation) Arrangements for the preparation and implementation of Resettlement Action Plans for the Road Network Improvement Project. The following institutions and organizations will be the main units responsible for preparing the Compensation Plan and implementing the RAPs: o Ministry of Transport o Project Management Unit 18 o Quality Control and Management Bureau of MOT o Provincial People's Committees of Nam Dinh o Provincial Compensation Committee of Nam Dinh, established by PPC o People's Committees of Nam Truc and Truc Ninh Districts, and Nam Dinh city whose jurisdiction falls within the NIP o District Compensation Committee of Nam Truc, Truc Ninh, and Nam Dinh, also established by PPC o Commune People's Committees of Nam Toan, Nam My, Tan Thinh, Dien Xa, Hong Quang, Nam Hong, and Nam Thanh (Nam Truc District), Co Le, Liem Hai, and Viet Hung (Truc Ninh District), and Cua Nam, Nam Phong, and Nam Van (Nam Dinh city), which the NH21/1 sub-project impacts. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 6-1 Public Participation and Consultation 7 PUBLIC PARTICIPATION AND CONSULTATION The Policy Framework outlines the mechanisms for Public Participation and Consultation associated with the preparation and implementation of Resettlement Action Plans for the Road Network Improvement Project. There are two phases to the public information campaign and DP consultation: Phase I: During resettlement planning and RAP preparation activities. This phase consisted of land demarcation and detailed measurement survey (DMS) of affected assets. Phase II: During the implementation of resettlement and rehabilitation activities. This phase will consist of information dissemination and consultation regarding: resettlement policies and procedures, calculation and payment of compensation, clearance from the project area, and civil works. PMU18, in collaboration with PCC of Nam Dinh province, DCC of Nam Truc and Truc Ninh Districts, and Nam Dinh city, and Communes PCs have completed Phase I and will be responsible for the implementation of Phase II of this programme. 7.1 Phase I: Consultation on Resettlement Planning and Preparation 7.1.1 Activity 1: Information dissemination by PMU18 to PDoT PMU18 disseminated information and consulted with PDOT during May 2005. They were given Project Pamphlets for distribution to the DPs. The information included the following: o Project description; o Resettlement policy framework; o The compensation policy for the project; o Entitlements under the resettlement policy framework; o DMS Survey requirements 7.1.2 Activity 2: Information dissemination by PDoT and consultation with district and local authorities. Between May and September 2005, PDoT disseminated public information and consulted with the Chairmen of District and Commune People's Committees. 7.1.3 Activity 3: Information dissemination and consultation with DPs. In collaboration with district and commune officials, PDoT conducted the DMS on 100% of 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 7-1 Public Participation and Consultation DPs. The following items were explained to DPs: o Project description with reference to information manual, o Objectives and contents of DMS, o Documents required showing the legal status of land and house/or structure. o Requirement for cooperation and assistance from DPs and local authorities. As provided for in the DMS, each DP was informed about their resettlement options (i.e., reorganization on remaining land, relocation to a resettlement site, or self-relocation). They were also asked whether they preferred cash compensation, land-for-land exchange and/or relocation. 7.2 Phase II: Information Campaign and Consultation during Resettlement Implementation The following activities shall be undertaken after approval of the RAP (adapted from NIP Umbrella RAP, LBI, 2003). 7.2.1 Activity 1: Information dissemination and training PMU18, in collaboration with PCCs, will meet with DCCs and Commune PCs to inform them about consultation meetings and workshops to be held in their respective areas, as well as train them on basic policies and procedures for implementation of the RAP. DPs will be invited to the consultation meetings and training workshops. The PCCs shall require the DP, or a representative, to attend the meetings and workshops, where they will discuss NIP policies and implementation procedures on compensation and resettlement. 7.2.2 Activity 2: Public Meetings PMU18 and PCCs will coordinate with the DCC and Commune PCs to inform and convene discussions with DPs on basic policies and procedures for compensation, rehabilitation and other aspects concerning implementation of the RAP. Commune PCs will send invitation letters or make public announcements after the PCCs have adjusted the data in the DMS due to changes in the final design of the road improvements. The invitation letters or announcements should include the following information: o Time and location of meeting; o Persons to attend the meeting (i.e., both male and female DP heads of household who declared a preference to be relocated to a resettlement site); o Objectives and contents of meeting (i.e., the meeting will introduce the sub-project and describe DP rights and entitlements, including opportunities for DPs to ask questions and clarification). 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 7-2 Public Participation and Consultation The Public Meeting o PMU-18 and the PCCs will hold public dialogues with DPs to inform and consult with them on the sub-projects. The meetings will include the following: o Distribution of printed information on criteria for rehabilitation, proposed rehabilitation measures, and DP preferences on best suitable measure(s). o With the use of visual aids, PMU-18 and PCCs will discuss and explain the design of sub-projects; o Open forum where DPs may ask questions and give comments, especially on matters related to rehabilitation; o Minutes that record questions, comments, options raised and the decisions agreed upon during public consultation, recorded by the respective DCCs to submit to the PCC and PMU-18. 7.2.3 Activity 3: Compensation Agreement PMU18 and the PCC will distribute information letters and Assets Compensation Forms (ACF) that define each compensation item (e.g., acquired land, houses, fixed assets), unit price, final compensation price and other entitlements for each DP, based on DMS data collected for the DP Inventory. The PCC will co-sign the ACF with the DP head of household and an independent witness to indicate their agreement to the compensation plan. Complaints and grievances will also be recorded, if any. The ACF will also include the preferences of severely affected DPs for area of relocation and/or economic rehabilitation assistance, as appropriate. Upon payment of compensation, the DP will be issued a receipt of payment. The ACF and the receipt of payment will be checked randomly with 10 percent of households through external monitoring and evaluation to ensure full payment of compensation and delivery of other rehabilitation measures. 7.2.4 Activity 4: Providing DPs the Information on Compensation Payments PMU18 will issue a letter to DPs, through PCC, informing them of the time, location and procedures for payments of compensation by the PCC. 7.2.5 Activity 5: Public Meeting on Development of Resettlement Site. Where applicable, PMU-18 will coordinate with PCC to organize public meetings and consultations concerning relocation and the preliminary design of resettlement site(s), detailing lot distribution. PMU-18, through PCC, will send invitation letters to DPs, who expressed interest in relocating to a resettlement site/s, for a public meeting on the preliminary design of the resettlement site. Invitation letters will include the following information: o Time and place of the meeting. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 7-3 Public Participation and Consultation o Required attendance of DPs who prefer to relocate at designated resettlement site. o Agenda of the meeting will cover the presentation of the preliminary design for the resettlement, site as presented in previous consultations, provide a schedule for follow-up meetings to identify their preferences in plot allocation at the resettlement site, and obtain the opinions of DPs on the suitability of recommended sites and designs, as well as their willingness to move to the site. The public meetings about the resettlement site will include: o Presentation of maps showing location of alternative resettlement sites, noting distance from their present settlement, as well as discussion on advantages and disadvantages of the sites. o Services and facilities to be provided. o Enumeration and description of public facilities and their distance to resettlement site, such as school, medical clinic and other community services. o Identification of nearby commercial areas and/or other locations where DPs can re- establish businesses, if they feel that the selected resettlement sites do not provide attractive opportunities. 7.2.6 Activity 6: Consultation with DPs to confirm their training preferences. DPs who prefer group relocation will be consulted on training preferences for economic rehabilitation programs to restore pre-project living standards. 7.2.7 Activity 7: Public meeting on lot distribution/allocation at resettlement site. The DPs shall be consulted on lot allocation, site development and design as well as house construction. PMU18, through PCC, will send an invitation letter to DPs who prefer group relocation in a resettlement site for a public meeting and consultation on plot allocation. In case of absence, DPs should appoint a representative to attend the meeting. The content of the letter will be: o Time and location of the meeting o Persons to attend the meeting. o Process on lot distribution/allocation by the district resettlement committee and the role of DPs in plot selection. If necessary, distribution of plots will be through a lottery. o Explanation concerning plot allocation to priority groups and DPs with commercial/business activities. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 7-4 Public Participation and Consultation As coordinated by PCC, the DCC will consult with DPs on the criteria and procedures for plot distribution/allocation and clarify any outstanding issues. DPs will be also informed about the following: o Date when the plots shall be awarded; o Deadline for dismantling their structures and the dates of relocation; o Payment of full compensation before relocation; o Stipulations, if any, about house construction in resettlement site; o Procedures for issuance of LURC by District Cadastral Offices. o Proposed schedule for issuance of LURCs. o Timing of house construction in resettlement sites consistent with the schedule of relocation. 7.2.8 Activity 8: Information/coordination to commune authorities, DPs and the general public about resettlement site construction PCC, DCC and Commune PC will coordinate among themselves to ensure that the DPs are fully informed of the schedule and procedures for construction on the resettlement site, and the completeness of the legal documents for DPs, such as Land Use Rights Certificates. 7.2.9 Activity 9: Information to the general public and the DPs on the schedule of relocation PMU18, in coordination with PCC, will notify the respective districts and communes of the schedule for relocation of DPs. 7.2.10 Activity 10: Public meeting on resettlement issues DCC will post in appropriate places in their respective jurisdictions announcements on public consultations pertaining to resettlement issues. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 7-5 Grievance Procedures 8 GRIEVANCE PROCEDURES The Policy Framework outlines the Grievance Procedures to be followed during the implementation of Resettlement Action Plans for the Road Network Improvement Project. Grievances lodged by an affected person can relate to any aspect of the land acquisition and resettlement program including the compensation rates being offered for their losses. The complaints can be submitted verbally or in written form. If verbally, the first authority hearing the complaint is responsible for writing down the complaint and co-signing it with the DP. 8.1 Timeframes and Procedures The Policy Framework defines the following timeframes and procedure for handling complaints and grievances: DPs will present their complaints and grievances to the Commune Resettlement Committees, which will have to provide a written response to the DP within fifteen calendar days of receiving the complaint. If the DP is not satisfied with the decision of the CRC, the DP may present the case to the District Compensation Committee within fifteen calendar days of receiving the written response from the CRC authorities. The decision of the DCC should be rendered within thirty calendar days of receipt of the DPs appeal, and can at the request of the DP within fifty days be reviewed and revised by the Provincial Compensation Committee. The decision of the PCC will be provided to the DP in writing within thirty calendar days of the request. If the DP is not satisfied with the decision of the PCC the case may be submitted for consideration by the District Court. DPs will be exempt from all administrative and legal fees. The cost of the fees will be paid from the contingency fee in the budget. All records of conflicts, grievances and complaints will be maintained with the PMU18 and PCC of Nam Dinh. PMU18 and the PCC of Nam Dinh will ensure that the procedures and timeframes are clearly set out for each level of the People's Committees. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 8-1 Monitoring 9 MONITORING The Policy Framework outlines the requirements for Monitoring during the implementation of Resettlement Action Plans for the Road Network Improvement Project. The NIP will include both internal and external monitoring and evaluation. The main purpose of monitoring and evaluation is to ensure that resettlement and acquisition of land and properties have been implemented in accordance with the policies and procedures of the RAP and the Policy Framework. Internal monitoring and supervision will include: verification of baseline information; overseeing that RP's are implemented; verification that funds are dispersed; and record grievances and their resolution. PMU18 is responsible for the internal monitoring and supervision of the RPs for each sub- project through the District and Provincial Compensation Committees. The findings of the internal supervision and monitoring will be recorded in a quarterly report to be submitted to GoV. An independent agency has been retained to carry out external monitoring and evaluation of the implementation of the RAP. External monitoring and evaluation focuses on social impacts on DPs and whether or not DPs have been able to restore pre-project living standards, income earning capacity and production levels. External monitoring and evaluation involves verification of the internal supervision and monitoring quarterly reports and 10% sampling of relevant DPs 6 months after RAP implementation. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 9-1 Monitoring 10 IMPACTS ON AFFECTED PEOPLE The DMS survey undertaken in May 2005 aimed to achieve a general understanding of DPs' living conditions. It is from the DMS survey that the compensation and resettlement budget has been prepared. The following information was taken from the DMS survey that was conducted with 100% of households will be affected by the sub-project NH21/1. 10.1 Socio-Economic characteristics of DPs The survey was conducted with all of DPs affected by the NH21/1 sub-project. The number of households and individual affected by the project are shown in Table 10-1. Table 10-1 - Numbers and distribution of DPs District Commune DP Households DP Population Nam Toan 72 283 Nam My 154 574 Tan Thinh 186 743 Nam Truc Dien Xa 165 635 Hong Quang 209 812 Nam Hong 140 504 Nam Thanh 268 1,002 Co Le small town 417 1,783 Truc Ninh Liem Hai 519 2,322 Viet Hung 118 433 Cua Nam precinct 110 411 Nam Dinh city Nam Phong 38 135 Nam Van 219 1,146 Total 2,615 10,783 10.1.1 Age and gender About 31 percent of DPs are below 15 years of age while group of elderly (59+ years) account for about 11 percent. The distribution of age and gender of DPs is detailed in Figure 10-1. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-1 Monitoring Population Distribution >59 45-59 Age Group 30-44 15-29 < 15 Population Male Female Figure 10-1 - DPs distribution by age and gender 10.1.2 Marital status Among affected people by the project of NH21/1 there are 30 percent single, 64 percent married and 6 percent widowed (Figure 10-2). Marital Status Separated 0% Divorced Single 0% 30% Widow 6% Married 64% Figure 10-2 - Marital status of DPs 10.1.3 Household size The average household size was 3.82 persons. Around 61 percent of the households have 4 or more household members (Figure 10-3). 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-2 Monitoring Household Size 8 or more people 1% 7 people 3% 1 person 8% 2 people 6 people 8% 13% 5 people 19% 3 people 18% 4 people 30% Figure 10-3 - Household Size of DPs 10.1.4 Income The main source of income among DPs surveyed in the project area was from agriculture (39%) closely followed by civil servant (35%). About 19 percent of DPs depend on trade of produce and goods. The rest of the population (7%) depend on other sources of income. It seems that agriculture has played an important role in DPs' life. This needs to be considered carefully when agriculture land will be acquired by the project. Source of Income Civil Servant 35% Agriculture 39% Trade 19% Other 7% Figure 10-4 - Income source of DPs 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-3 Monitoring Income Le ve ls 100% DP P opulation % 80.0% 80% 60% 40% 20% 14.5% 0.5% 5.0% 0% 100,000 101,000 - 200,000 201,000 - 500,000 500,000 Monthly Income (VND) Figure 10-5 - Income level of DPs Figure 10-5 shows that around 80 percent of the DPs have monthly income of greater 500,000 VND, while only 0.5 percent of DPs earn less than 100,000 VND per month. According to the Decision No.170/2005/QD-TTg issued on 08 July 2005, the poverty line for rural areas was set at 200,000 VND per person per month. Based on this figure it can be seen that at present 5.5% of DPs are earning an income below the poverty line. 10.1.5 Water supply Similar to other rural areas in Vietnam, the people in communes mostly use untreated water sources such as systems with a filter and rainwater for washing, bathing and cooking. Around 45 percent of DP households use rainwater for daily needs. Only 1 percent of DP households have access to treated water (Figure 10-6). Water Supply Running Other Water 15% 1% Rain Water 45% Other with filter system 39% Figure 10-6 - Water Supply of DPs 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-4 Monitoring 10.1.6 Electricity connection 10.2 Project Impacts A summary of impacts is provided in Table 10-2. The total count of DPs in Table 10-2 will be larger than the total number of DPs in Table 10-1 because a single DP may be reported more than one category for different compensation, for example residential land, agricultural land, house, and other structures. Table 10-2 - Summary of Impacts Loss type Definition of entitled Application / Total person Compensation policy DPs 1. Agricultural land 1.1 Legal or legalizable Cash for affected area 98 rights Cash for entire holding 0 1.2 Without legal or Land for land 0 legalizable rights Rehabilitation assistance 0 in lieu of compensation Provision of land a/c 0 local standard 2. Residential land 2.1 Legal or legalizable Cash for affected area 2,502 rights Cash for entire holding 0 2.2 Without legal or Land for land 0 legalizable rights Rehabilitation assistance 0 in lieu of compensation Provision of land a/c 0 local standard 3. Houses and structures 3.1 Partially affected Cash comp. for affected 2,643 area 3.2 Entirely affected Cash comp. for entire 0 structure 4. Rented residences 4.1 Renters Cash allowance 0 4.2 Temporarily displaced Cash allowance 240 DPs 5. Crops/trees 5.1 DPs before cut-off date Cash compensation 1,259 6. Fixed assets 6.1 DPs before cut-off date Cash compensation 286 7. Business 7.1 DPs before cut-off date Cash compensation 200 8. Allowances 8.1 DPs left without viable Transport & transition 0 residential land holdings allowance 8.2 DPs experiencing Repair allowance per 2,643 partial damage to building partially affected structures structure 8.3 DPs with > 20% loss of Income rehabilitation 0 productive assets, or illegal assistance DPs 9. Community 9.1 Public Institutions with Cash compensation 150 infrastructure affected infrastructure 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-5 Monitoring 10.2.1 Loss of land Table 10-3 shows the land impacts associated with the sub-project. The residential land category includes land with remaining legal residential and/or commercial land beyond the project area sufficient to reorganize (at least 40m2 in urban areas and 100m2 in rural areas). An estimated 2,502 HH are included in this category of partial impact. The project will not have a severe impact on HH who are residing within the clearance corridor. Many HH will lose agricultural land due to implementation of the sub-project but in the majority of cases the areas are generally small in terms of percentage of total landholding and should not significantly affect their household incomes. The RAP survey indicated that 98 HH would lose agricultural land to the project of which all would only be partially affected. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-6 Compensation and Entitlement Table 10-3 - Land impacts Nam Truc Truc Ninh Nam Dinh city Total Type and Level of Rural Urban Rural Urban Rural Urban Rural & Urban use of land impact HH M2 HH M2 HH M2 HH M2 HH M2 HH M2 HH M2 Partial 1,087 91,618 0 0 637 52,861 411 6,043 257 12,291 110 1,034 2,502 163,847 Severe 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Residential Illegal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub-Total 1,087 91,618 0 0 637 52,861 411 6,043 257 12,291 110 1,034 2,502 163,847 Partial 79 12,711 0 0 19 1,047 0 0 0 0 0 0 98 13,760 Severe 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Agricultural Illegal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub-Total 79 12,711 0 0 19 1,047 0 0 0 0 0 0 98 13,760 Partial 1,166 104,329 0 0 656 53,908 411 6,043 257 12,291 110 1,034 2,600 177,607 Severe 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Illegal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub-Total 1,166 104,329 0 0 656 53,908 411 6,043 257 12,291 110 1,034 2,600 177,607 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-7 Compensation and Entitlement 10.2.2 Loss of structures The results from 2,615 questionnaire surveys showed that 2,643 plots with total area of 56,175 square metres will have structures such as main house and temporary structure affected by the project. All affected HH have legal or legalizable rights to build their houses and/or other structures. No one will be severely affected. Most will choose to reorganize on their remaining land. For details of distribution of building structure acquisition see Table 11.2. Table 10-4 - Building structure impacts Truc Ninh Nam Truc Nam Dinh city Total Construction Level of district district class Impact HH M2 HH M2 HH M2 HH M2 Partial 628 11,023 288 3,937 54 864 970 15,824 Temporary Severe 0 0 0 0 0 0 0 0 Sub-total 628 11,023 288 3,937 54 864 970 15,824 Partial 278 3,404 425 12,158 108 3,005 811 18,567 Grade 1 ( single storey Severe 0 0 0 0 0 0 0 0 class 4) Sub-total 278 3,404 425 12,158 108 3,005 811 18,567 Grade 2 Partial 232 3,517 369 11,961 32 1,345 633 16,823 ( single storey roof by Severe 0 0 0 0 0 0 0 0 cement) Sub-total 232 3,517 369 11,961 32 1,345 633 16,823 Partial 127 2,028 90 2,342 12 592 229 4,962 Grade 3 ( Multistory ) Severe 0 0 0 0 0 0 0 0 Sub-total 127 2,028 90 2,342 12 592 229 4,962 Partial 1,265 19,971 1,172 30,398 206 5,806 2,643 56,175 All classes Severe 0 0 0 0 0 0 0 0 Sub-total 1,265 19,971 1,172 30,398 206 5,806 2,643 56,175 10.2.3 Loss of fixed assets A range of fixed assets will be demolished or rendered useless as a result of project implementation. Included in this category are household facilities such as ponds, yards, fences and wells. These assets will be compensated whether or not their owners have legal land use rights. Compensation rates will be determined by the type of asset and monies paid directly to respective households. A list of such assets, identified during socio-economic survey is presented in Table 11.3. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-1 Compensation and Entitlement Table 10-5 - Fixed assets impact Item Material / Unit Nam Truc Ninh Nam Dinh TOTAL Description Truc district city district Fence Constructed M 127 49 259 435 Gate # 927 217 1,144 Outhouse M2 109 109 Watertank Concrete M3 22 22 Well Pump # 1 116 117 Yard Cement M2 921 16,314 11,830 29,065 Piggery M2 120 120 Kitchen M2 111 38 149 Foundation M2 7 7 Alley Cement M2 24 24 10.2.4 Loss of standing crops and trees The government will not be entitled to compensation for land or tree/forest produce but will be entitled to the replacement of trees with the planting of new trees. All roadside trees removed by project works will be replaced. The private owner of the tree will be entitled to compensation for the tree and, where appropriate, for one year's associated loss of income from tree produce. Compensation rates will be determined by the tree type, diameter and productivity. Standing crop compensation will be paid to the farmers at the full market value of the affected crops. If the plants are not yet ready for harvest or their harvest has just begun, compensation will include the total costs of initial investment and care until the time of land recovery. Compensation will be in cash. The farmer will be given notice of clearance 3 months prior to the date by which the land should be handed over to the contractor. For details of extent and distribution of tree and crop loss see Table 10-6. Table 10-6 - Impact on crops Nam Truc Truc Ninh Nam Dinh Item Unit Total district district city Banana # 114 109 223 Bonsai # 68 45 28 141 Papaya # 43 68 14 125 Mango # 12 10 25 47 Timber tree # 55 65 8 128 Custard apple (na) # 66 82 148 Jackfruit # 58 67 11 136 Guava # 35 61 96 Longan # 86 43 129 Tropical almond(bang) # 42 29 15 86 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-2 Compensation and Entitlement 10.2.5 Adverse Effect Due to Temporary Land Possession The proposed civil works, in particular widening of the road and constructing the bridges, will have temporary impacts on the affected households, and the businesses being run along the road. However, the businesses can be reopened after the clearance of the road corridor. The impacts, therefore, may be negligible in the long term. Affected HH will be entitled to compensation for their loss of structure and assets due to temporary land possession. Around 100 HH will be affected in this way and will receive payments. Payments are also made to DPs having land occupied temporarily for the construction and occupation of camps for people employed on road works, for sleeping quarters and offices. Similarly, other sites will be required for example for project vehicle storage, material dumps, asphalt plants and stone crushers. DPs losing land temporarily for these purposes will have these sites returned to their pre- project condition, in particular, to prior fertility levels. Total area required will be in the order of 3,500m˛. An estimated 60 HH will temporarily lose land for these purposes. Twelve bridges have been identified on NH21/1 for either repair (5) or replacement (7). Land immediately adjacent to these bridges will be required to provide alternative temporary access during the proposed bridgeworks. An estimated 80 HHs will be adversely affected by these arrangements. 10.2.6 Business allowance Each DP will be entitled to compensation for demonstrable inconvenience caused by the project in the form of an allowance paid in cash up to 400,000VND per month during the period of inconvenience. It is unlikely that for affected households this period will exceed more than two to three months. However, in exceptional cases this allowance might be paid up to a maximum of one year. DPs eligible for payment in lieu of loss of income will not be eligible for inconvenience allowance, except where claims are made with reference to different addresses. Approximately 200 HH might be eligible for this allowance. 10.2.7 Transitional allowance Transitional allowances will be paid to DPs moving their homes, businesses or other structures to a new site. None of the affected DPs will have to move their residence and/or business to a new site. 10.3 Economic Rehabilitation The total number of households in this road corridor potentially affected by the project implementation and hence subject to the questionnaire survey was 2,615, comprising 10,783 people. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-3 Compensation and Entitlement Where levels of compensation are deemed insufficient to restore or improve pre-project incomes, living standards and productive capacity additional rehabilitation measures will be implemented. Affected DP households will be given priority for employment in jobs created by the project. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 10-4 Compensation and Entitlement 11 COMPENSATION POLICY AND ENTITLEMENT The Policy Framework outlines the general Compensation and Entitlement principles and matrix for development and implementation of Resettlement Action Plans for the Road Network Improvement Project. This section outlines the policies that will be applied and corresponds to the Entitlement Matrix in. Also identified in the matrix is the number of households within each classification of entitlement, based on the survey data. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 11-5 Compensation and Entitlement Table 11-1 - Entitlement Matrix Loss Type Definition of entitled persons Application Compensation Policy 1 Agricultural 1. DPs with legal or legalizable rights of land use will be compensated 1.1 Permanent Impacts - Cash compensation at full replacement cost of land for their lost lands, or for their total land holdings if remaining affecting less than 20% of affected area of holding holdings are deemed non-viable. lands 98 DPs 2. DPs without legal or legalizable rights of their land use will only be compensated if their remaining legal holdings are below the locality 1.2 Permanent Impacts - Choice of "land for land" or cash compensation at standard (in which case they will be provided with the minimum rendering remaining land full replacement cost for entire holding plus standard), but they will be entitled to income rehabilitation and non-viable or affecting eligibility for income rehabilitation assistance relocation assistance in lieu of compensation to achieve the objectives more than 20% of lands 0 DPs of the Policy Framework - Development of resettlement sites and 3. DPs who encroach on the area after the cut-off date are not entitled rehabilitation assistance for clusters of severely to compensation or any other form of resettlement assistance. affected DPs (need and scale determined by locality). 0 DPs 1.3 Temporary Impacts - Compensation for land restoration, loss of income and standing crops 60 DPs -If temporary impacts last more than 2 years, plots will be considered as permanently affected. 0 DPs 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 11-6 Compensation and Entitlement Loss Type Definition of entitled persons Application Compensation Policy 2 Residential 1. DPs with legal or legalizable rights of land use will be compensated Impacts on house - Cash compensation at full replacement cost of land for their lost lands, or for their total land holdings if remaining foundation area and house affected area of holding holdings are deemed non-viable. yard 2,502 DPs 2. DPs without legal or legalizable rights of their land use will only be compensated if their remaining legal holdings are below the locality - Choice of "land for land" or cash compensation at standard (in which case they will be provided with the minimum full replacement cost for entire holding plus standard), but they will be entitled to income rehabilitation and eligibility for income rehabilitation assistance relocation assistance in lieu of compensation to achieve the objectives 0 DPs of the Policy Framework - Development of resettlement sites and 3. DPs who encroach on the area after the cut-off date are not entitled rehabilitation assistance for clusters of severely to compensation or any other form of resettlement assistance. affected DPs (need and scale determined by locality). 0 DPs 1.3 Temporary Impacts - Compensation for land restoration, loss of income and standing crops 180 DPs -If temporary impacts last more than 2 years, plots will be considered as permanently affected. 0 DPs 3 Houses and 3.1 Partial impacts - Cash compensation for affected area of structures building/structure at full replacement cost 2,643 DPs 3.2 Entire house/structure - Cash compensation at full replacement cost of affected entire building/structure 0 DPs - If a partially affected building is rendered non- viable for continued use, cash compensation at full replacement cost of entire building 0 DPs 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 11-7 Compensation and Entitlement Loss Type Definition of entitled persons Application Compensation Policy 4 Rented 1. Renters - Cash allowance corresponding to 6 months of rent residences of lost residence (or time of temporary 2. Temporarily displaced DPs displacement). Tenant will be assisted in identifying alternative leases. 240 DPs 5 Crops/trees All DPs identified before the cut-off date, including those lacking legal Cash compensation at 100% replacement cost. rights to assets. 1,259 Trees 6 Other fixed All DPs identified before the cut-off date, including those lacking legal Tombs, wells, fish ponds, Cash compensation at 100% replacement cost. assets rights to assets. cement surfaces, etc.... 286 DPs 7 Business All DPs identified before the cut-off date, including those lacking legal Cash compensation for lost business income for the rights to assets. duration of the transitional period at 100% of revenue estimates foregone (based on monthly revenue averages) 200 DPs 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 11-8 Compensation and Entitlement Loss Type Definition of entitled persons Application Compensation Policy 8 Allowances Severely Affected DPs 8.1 DPs being relocated - Transport allowance: 1,000,000 VND x household and subsidies through Government 0 DPs planning 8.2 DPs self-reorganizing -Transition allowance: cash corresponding to 30 Kg. on remaining lands of rice x person x 6 months. 0 DPs -Award of 5,000,000 VND for relocating DPs if clearing of construction is done in a timely fashion 0 DPs - Income rehabilitation assistance: 500,000 VND x household for economic rehabilitation training programs (need and scale determined by locality), specially directed towards agricultural laborers 0 DPs 8.3 DPs with more than - Income rehabilitation assistance: 1,100,000 VND 20% loss of productive (awarded in kind) x household for training programs assets (i.e., agricultural and or other suitable measures, of which the need, type commercial assets) and scale will be determined by the locality and the individual DP 0 DPs 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 11-9 Costs and Budget 12 COSTS AND BUDGET Funds for RAP implementation will be made directly to the DPs from the Government budget. Nam Dinh Provincial People's Committee will specify a schedule in each district for compensation payments. Representatives of DPC, CPC, and PDOT will be responsible for transferring money directly to each DP. As consulted with the DPs and the local governments, replacement costs are based on compensation rates and resettlement assistances regulated by Nam Dinh Provincial People's Committee in Decision 2266/2005/QD-UBND dated 15 July 2005. The rates are considered to be appropriate with market values for lands, structures and other materials. The consultant has worked closely with local authorities and DPs to ensure that unit prices are reflective of current values. However, during implementation these rates may need to be adjusted inline with changing market values. 12.1 Procedures for Flow of Funds The Provincial Department of Transport will disburse land acquisition and resettlement funds directly to the DPs for compensation via the PRC and DRC. 12.2 Inflation Adjustment The rates of compensation and cash entitlements for rehabilitation and allowances payable to the affected persons will be adjusted annually on April 1, based on the actual annual inflation rate. The Provincial Department of Transport together with various agencies will determine the annual inflation rate and ensure the necessary annual adjustments are made to compensation rates and to all cash entitlements. 12.3 Implementation, Administration and Contingency Costs Implementation costs include costs already made for land demarcation and surveys, costs of payment (salaries, per diem) for resettlement committees and for monitoring costs. Administration costs represent 1% of the total project costs. The cost estimates for RAP implementation also include provision for contingencies at 10% of total project costs. The contingency cost is to cover any unexpected costs. It acts as a backstop to ensure that DPs improve or at least maintain their income and living standard. 12.4 Unit Prices for Cost Estimation 12.4.1 Land Nam Dinh PPC establishes its own price levels for land accordance with the price ranges stipulated in Decree 87/CP. This should reflect the market value for land. This figure will provide the basis for estimating replacement cost, and hence the level of compensation paid to 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 12-1 Costs and Budget DPs losing land. The unit prices (VND/m˛) for residential, agricultural land are as follows: Residential land Centre (e.g. Co Le, Yen Dinh) - 3,500,000/m2 Land on National or Provincial Roads - 1,400,000/m2 Land on District roads - 1,000,000/m2 Agricultural land (plus `raise up' adjustment) - 25,000/m2 12.4.2 Structures Compensation for loss of property will be at replacement cost, and will be in the form of replacement materials plus labour of a sufficient amount to rebuild the same structure, or a replacement structure provider by the developer, or cash, at the option of the project affected person. There will be no deduction for depreciation and salvageable materials. Standard new housing construction cost as determined by local government according to Ministry of Construction methods is adjusted by applying a coefficient that relates to the quality of the present property (as determined by the local Resettlement Committee established under Article 58). Based on the above regulation, the following unit prices will be used as guides for cost estimates for compensation for affected structures. These rates include costs of materials plus labour construction costs and will need to be adjusted to the level of replacement cost. House class I 800,000VND/m2 House class II 1,000,000VND/m2 House class I11 1,200,000VND/m2 12.4.3 Other costs The allowances and other rehabilitation measures to be provided include: Fixed assets: The compensation rates for fixed assets vary from 13,000 VND to 700,000 VND/item, depending on the type of fixed assets. These rates are estimated by applying the replacement rates provided by Nam Dinh province. Crops and trees: The rates for crops and trees are based on the average replacement prices provided by Nam Dinh PPC are adjusted by applying the market price for specific types of crops or trees (1,200 VND ­ 300,000 VND/unit). Rental allowance: 100,000 VND × person × 6 months for DPs renting houses Resettlement allowance includes transport and transition allowances for DP HHs being relocated 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 12-2 Costs and Budget Transportation allowance: 1,000,000 VND × DP household Transition allowance: 30 kg rice × person × 6 months Economic rehabilitation assistance: 1,100,000 VND × DP household (affected with more than 10% of productive assets or relocation). Business allowance: 400,000 VND × DP household × 3 months In practice, the compensations can vary from area to area. The cost estimation is shown in Table 12-1. Table 12-1 - Cost Estimate for Resettlement Action Plan (RAP) No. of TOTAL VND TOTAL USD DPs A. Compensation and Rehabilitation 1. Agricultural Land 98 412,800,000 26,044 2. Residential Land 2,502 163,848,000,000 10,337,413 3. Houses and Structures 2,643 59,367,400,000 3,745,577 4. Rental Allowances 240 144,000,000 9,085 5. Crops and Trees 1,259 188,850,000 11,915 6. Fixed Assets 286 75,000,000 4,732 7. Business Allowances 200 240,000,000 15,142 8. Other Allowances 0 0 0 9. Other Community Assets 150 225,000,000 14,196 SUB TOTAL (A) 224,501,050,000 14,164,104 B. Administrative Costs (1%) 2,245,010,500 141,641 C. Monitoring and Evaluation (1%) 2,245,010,500 141,641 TOTAL (A + B + C) 228,991,071,000 14,447,386 D. Contingency (10%) 22,899,107,100 1,444,739 GRAND TOTAL (A + B + C + D) 251,890,178,100 15,892,125 Note: The total amounts for lost/damaged structures and land are aggregated figures based on the rates for compensation for different categories of structures and the total affected land and structures identified from the questionnaires and detailed design. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 12-3 Implementation Schedule 13 IMPLEMENTATION SCHEDULE This Section specifies the activities and schedule of activities for implementation of this RAP. The Implementation Schedule is shown in Table 13-1 at the end of this Section. 13.1 Approval of the RAP The RAP is presented to the Government of Vietnam and the World Bank for approval. Once approved, the RAP will become legally enforceable. After the approval of the RAP by the Government and the World Bank, instructions will be issued from the Central Government office to the Nam Dinh Provincial People's Committee and the Nam Dinh Provincial Department of Transport to implement the negotiated RAP. 13.2 Establishment of the Compensation Committee After receiving instructions from the Central Government to begin implementing the sub- project, the PPC will establish the Compensation Committee and confirm the roles and responsibilities of the committee and its members. 13.3 Training of the Compensation Committee After the Compensation Committee is established, its members will be briefed by respective PDOT regarding RAP policies and trained in implementation procedures. Compensation Committee members presently implement resettlement and compensation programmes according to current Vietnamese legislation. Implementation according to OP4.12 should, therefore, present no new obstacle. Any necessary training will be undertaken by Project specialists. Project specialists will be charged with responsibility for ensuring that resettlement and compensation complies with the World Bank Policies. 13.4 Potential Readjustment of DMS The DMS which provided the data for the current document was based on the draft final road designs. However the final approved road designs for NIP which will be depicted in the bidding documents and constructed may vary from the draft final design due to review comments received from the relevant authorities during the during the design approval process. The changes are unlikely to change the Corridor of Impact, however in some specific cases, the Compensation Committees may be required to re-measure affected lands and property for these segments and make the necessary adjustments in the DP inventories from the original DMS. 13.5 Establishment of Detailed Compensation Rates The PPC will determine the rates of compensation payable for land, structures and other assets. Rates established will be at replacement cost without depreciation and without deduction for salvageable materials. Rates for structures will be calculated for affected area. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 13-1 Implementation Schedule Compensation rates will be adjusted for inflation at the time of compensation. Rates must be established before compensation entitlements can be calculated. 13.6 Conduct Public Information Campaign The Compensation Committee will develop a campaign to disseminate frequent information about the Project to the DPs and the general public in the Project area. This campaign will begin as soon as the RAP is approved. 13.7 Planning for Resettlement and Income Rehabilitation Assistance At the present stage, group relocation is not foreseen on this sub-project. However, consultations and resettlement planning activities initiated during preparation of the RAP will continue upon reconfirmation of options selected by DPs. If group relocation were to become necessary, the PCC and DCCs would further consult with DPs to identify a preferred resettlement site and plan for its development. Development of the resettlement site would ensure land of equal productive value and acceptable to the DPs, and similar or improved access to safe water, electricity, roads, markets, government services and other basic necessities. DPs eligible for income rehabilitation assistance will also be consulted on their preferences for type of assistance. The exact nature of the assistance will vary depending on the needs, interests and capacities of the specific DPs, as well as on conditions of the local context, such as land situation, market opportunities, technological level, and so on. They could include such activities as occupational training, provision of new seed varieties and other suitable measures. The duration of these programs will also depend on the nature of the activity, but normally they should not exceed 6 months. 13.8 Preparation and Approval of Compensation Plan PMU 18 will be responsible for finalization of the Compensation Plan, in collaboration with the PCC. PMU 18 will submit the finalized Compensation Plan to the Quality Management Control Bureau of the MOT for approval. Once approved, PMU 18 will make a request to the State Treasury for a release of funds and make necessary arrangements for bank transfers. 13.9 Payment of Compensation and other Entitlements to DPs After unit prices have been established, the Compensation Committee will apply the prices to each DP's losses, calculate compensation entitlement and complete the Assets Compensation Form for each affected household. DPs will be informed of their compensation entitlement by posting this information at the local office. In addition, the affected persons will receive a written document informing them of: a) the compensation rates; b) their compensation amount; c) the schedule for compensation; and d) the kind of compensation they will receive. The option to appeal the compensation will also be explained clearly. Preference will be given to DPs needing to relocate and to determining with them the most appropriate rehabilitation package. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 13-2 Implementation Schedule 13.10 Clearance of the Corridor of Impact Demolition and rebuilding of structures and clearance of project areas should be completed at least one month before Project construction begins. To ensure that all DPs are properly reorganised before the start of project construction, all land acquisition and resettlement activities should be completed at least 1 month before the proposed date of actual commencement of physical works on the Project sites. The following activities have to be completed before the start of construction activities: o Payment of all compensation for houses, and other structures and assets including crops and trees, and delivery of allowances. o Reorganisation of all affected persons. o Clearance of crops and trees. 13.11 Monitoring of Resettlement Activities Internal monitoring activities and reporting will begin as soon as RAP implementation begins, according to terms of reference outlined in Chapter 9. An external monitoring agency will be contracted for AWP2 sub-projects and will verify that unit prices have been established to reflect replacement cost, and will carry out monitoring and reporting activities according to terms of reference outlined in Chapter 9. 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 13-3 Implementation Schedule Table 13-1 - Implementation Schedule Activity Responsible Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Approval of the RAP GoV Estabilishment of the Resettlement Committee PCC Training of the Resettlement Committee PMU18 Potential Readjustment of DMS PMU18 / PCC Estabilishment of Detailed Compensation Rates PCC / DCC Conduct the Public Information Campaign PCC / DCC Planning for Resettlement and Income Rehab. Assistance PCC / DCC Approval of Compensation Plan MOT Payment of Compensation and other Entitlements to DPs PMU18 / PCC Clearance of the Corridor of Impact PAP / PMU18 Monitoring and Evaluation of Resettlement Activities PMU18 / PCC / IMA (On-going 12 months after completion of RAP Implementation) 52638 ­ Network Improvement Program, Vietnam NH21/1 Resettlement Action Plan, February 2008, Revision 3 Page 13-4