SFG1146 V1 Social Impact Assessment Report (SIA) LAM DONG PEOPLE’S COMMITTEE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT =========================== SOCIAL IMPACT ASSESSMENT SUBPROJECT: REPAIR AND UPGRADING FOR THE SAFETY OF DA TEH RESERVOIR IN LAM DONG PROVINCE Lam Dong, April 2015 (Updated 21 June 2015) Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 1 Social Impact Assessment Report (SIA) LAM DONG PEOPLE’S COMMITTEE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT =========================== SOCIAL IMPACT ASSESSMENT REPORT (SIA) SUBPROJECT: REPAIR AND UPGRADING FOR THE SAFETY OF DA TEH RESERVOIR IN LAM DONG PROVINCE REPRESENTATIVE OF THE PROJECT OWNER Lam Dong, April 2015 Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 2 Social Impact Assessment Report (SIA) PREAMBLE The Social Impact Assessment (SIA) has been developed as a tool for planners to understand how people have impacts and will be affected by the development activities. The SIA is carried out to identify key stakeholders and establish a suitable framework for their participation in the selection, design, implementation, monitoring and evaluation of the Project. The SIA is designed to ensure that the objectives and motivation for changes can be accepted by the majority of people, who are expected to be the beneficiaries from the Project, to promptly identify the existence of the project as well as risks that may occur. A number of issues need to studied in the SIA includes: (i) the impacts of the project on different groups, especially women and vulnerable groups; (ii) the plans to mitigate adverse impacts of the Project; (iii) the social risks that may affect the success of the Project; (iv) the necessary organizational arrangements for the participation and the Project allocation; adequate plans for capacity building required at the respective levels or not. This report is called Social Impact Assessment Report (SIA) for the Subproject of Repair and Upgrading the safety of DA TEH Reservoir in Lam Dong Province (DRaSIP/ WB8). This is considered as a standard document in accordance with the requirements and procedures of the World Bank. The report provides information and results of the social impact assessment of the project for the preparation of safety policy documents such as Environmental and Social Management Framework for (ESMF), Resettlement Policy Framework (RPF), Resettlement Action Plan (RAP). Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 3 Social Impact Assessment Report (SIA) TABLE OF CONTENTS EXECUTIVE SUMMARY ..............................................................................................9 PART I: INTRODUCTION ..........................................................................................12 1.1. Project Introduction .................................................................................................. 12 1.2. Project Components. ................................................................................................. 12 1.3. Overview of subproject. ............................................................................................ 13 PART II: OBJECTIVES AND METHODOLOGY OF EIA .....................................15 2.1. Objectives and tasks of Study ................................................................................... 15 2.2. Methodology for assessment. .................................................................................... 15 2.3. Research sample. ....................................................................................................... 16 2.4. Organization and implementation of research. ...................................................... 17 2.5. Tools for information collection. .............................................................................. 17 PART III: SOCIO-ECONOMIC CONDITIONS IN THE PROJECT AREAS ......19 3.1. Overview of Socio-Economic Conditions of Lam Dong Province ........................ 19 3.1.1. Population and laborers. ................................................................................. 19 3.1.2. Poverty. ............................................................................................................ 20 3.1.3 Health care and Education. .............................................................................. 20 3.2. Results of the Survey. ................................................................................................ 20 3.2.1 Demographics................................................................................................... 21 3.2.2. Occupation. ..................................................................................................... 22 3.2.3. Education. ........................................................................................................ 24 3.2.4. Health. ............................................................................................................. 25 3.2.5 Land. ................................................................................................................. 26 3.2.6 Clean water. ..................................................................................................... 26 3.2.7. Sanitation. ........................................................................................................ 27 3.2.8. Income and Standards of Living of households............................................... 27 3.2.9. A numner of livelihood and social security issues. ......................................... 28 PART IV: POTENTIAL POSITIVE IMPACTS OF THE PROJECT .....................30 4.1. Safety for reservoir and community ........................................................................ 30 4.2. Increase in the community capacity and awareness .............................................. 30 Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 4 Social Impact Assessment Report (SIA) 4.3. Enhance of capacity and improvement of cooperation in responding to dam unsafety .............................................................................................................................. 30 4.4. Livelihood stabilization ............................................................................................. 31 4.5. Poverty reduction. ..................................................................................................... 31 4.6. Improvement of ecological environment. ................................................................ 31 4.7. Development of social welfare for vulnerable groups and strengthening social capital for people in the project areas ............................................................................ 31 4.8. The solution is optimizing investment efficiency. ................................................... 32 PART V: POTENTIAL NEGATIVE IMPACTS OF THE PROJECT ....................34 5.1. Land acquisition. ....................................................................................................... 34 5.2. Conflict of benefits and impacts on the local economy .......................................... 34 5.3. Impact on health and community safety. ................................................................ 34 5.4. The impact on health, community health. ............................................................... 35 5.5. Social evils. ................................................................................................................. 35 5.6. Potential conflicts in the use of water and roles of stakeholders. .......................... 35 5.7. Pollution of plant protection products and fertilizers. ........................................... 36 PART VI. MITIGATION MEASURES .......................................................................37 6.1. Consultation with stakeholders. ............................................................................... 37 6.2. The policies. ................................................................................................................ 38 6.3. Policy framework review. ......................................................................................... 38 6.4. Resettlement Action Plan (RAP). ............................................................................. 38 6.5. Good preparation and implementation of public health management plan: ...... 39 6.6. Good preparation and implementation of participatory communication, public health consultation plan. .................................................................................................. 39 6.7. Good preparation and implementation of gender action plans: ........................... 39 6.8. Information disclosure, social accountability and monitoring: ............................ 39 6.9. Expert on resettlement plan. .................................................................................... 39 PART VII: ROLES OF STAKEHOLDERS ................................................................41 7.1. Overview of the participating agencies .................................................................... 41 Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 5 Social Impact Assessment Report (SIA) 7.2. Roles of the agencies participating in the project management and implementation. ................................................................................................................ 41 7.2.1. Roles of management agencies ........................................................................ 41 7.2.2. Roles of unions and public organizations ....................................................... 42 7.3. Collaborations between stakeholders. ..................................................................... 43 7.4. Needs for training of capacity building of stakeholders. ...................................... 43 PART VIII: CONCLUSIONS AND RECOMMENDATIONS .................................44 8.1. Conclusions................................................................................................................. 44 8.2. Recommendations. ..................................................................................................... 44 PART IX: APPENDICES ..............................................................................................46 APPENDIX1: PUBLIC HEALTH MANAGEMENT PLAN .....................................46 APPENDIX 2: COMMUNICATION PLAN, HEALTH CONSULTATION WITH COMMUNITY PARTICIPATION. .............................................................................50 APPENDIX 3: GENDER ACTION PLAN ..................................................................54 APPENDIX 4: COMPLAINT SETTLEMENT PROCESS ......................................58 APPENDIX 6: INFORMATION ANNOUNCEMENT AND SOCIAL AND MONITORING ACCOUNTABILITY ........................................................................63 APPENDIX 7: RESULTS OF QUANLITATIVE SURVEY AND CONSULTATION ..........................................................................................................................................68 Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 6 Social Impact Assessment Report (SIA) TABLE OF TABLES AND CHARTS Table 1: Demography and averag laborers per household ................................................. 21 Table 2: Main occupation of laborers ................................................................................. 23 Table 3: Education level of household members (Unit %) ................................................ 24 Table 4: Health and health care conditions ........................................................................ 25 Table 5: Kinds of land of households Unit % .................................................................... 26 Table 6: Percentage of households in the project communes using water sources (%) ..... 27 Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 7 Social Impact Assessment Report (SIA) ABBRIVIATIONS AP Affected Person CPO Central Project Office DARD Department of Agriculture and Rural Development DMS Detailed Measurement Survey DPC District People's Committee DRC District Resettlement Committee EMPF Ethnic Minorities Policy Framework EMDP Ethnic Minorities Development Plan ESMF Environmental and Social Management Framework GOV Government of Vietnam HH Household IOL Inventory of Losses IMA Independent Monitoring Agency LAR Land Acquisition and Resettlement LURC Land Use Right Certificate MOF Ministry of Finance MOLISA Ministry of Labors – Invalids and Social Affairs NGO Non-government Organization OP Operating Policy PAD Project Appraisal Documents PPC Provincial People’s Committee PPMU Provincial Project Management Unit PRA Participatory Rapid Assessment REA Rapid Environment Assessment RP Resettlement Plan RPF Resettlement Policy Framework TOR Terms of Reference USD United States Dollar VND Vietnamese Dong SES Socioeconomic survey WB World Bank Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 8 Social Impact Assessment Report (SIA) EXECUTIVE SUMMARY The Dam Repair and Safety Improvement Project (DRaSIP) is implemented on the basis of the MOARD’s proposal submitted to the WB in order to support the implementation of dam safety program of the Government through improving the safety of prioritized dams and reservoirs as well as protecting human beings and properties of communities in lowlands; The project is expected to be implemented in the period of 2015 - 2020, including 04 investment items in 31 provinces. The SIA report presents the economic survey results of surveyed households for the Repair and Upgrading for the safety of DA TEH Reservoir Subproject in Lam Dong Province. Content of the report The report collects all the survey results, including nine parts: Part 1, Introduction; Part 2, Research Methodologies; Part 3, Socio-Economic features of project areas; Part 4, Potentially positive impacts; Part 5, Potentially negative impacts; Part 6, Mitigation measures; Part 7, Roles of stakeholders; Part 8, Conclusions & recommendations; and Part 9, Appendices. Approaching method From the approaches to livelihood resources of households, the survey analyzes the socio-economic characteristics of surveyed households according to the human and capital resources (demographic and labor, education, occupation, health), natural resources capital (productive land: agricultural land, forest land and aquatic land, land use rights), physical capital (housing, property for living, property for production and business), financial capital (income, changes in living standards, poverty, loan), and social capital (community relations, relatives, authorities and their support) and consideration of the impact factors including potential impacts of the Project. These resources have been analyzed in integration of elements such as gender, ethnic minorities and vulnerability. Main socioeconomic features of the project area: Communes in the project area are with difficult living conditions, vulnerability caused by natural disasters and climate change, many poor people with agricultural activities as their main source of income and with low income. The main results of the survey in the project area are summarized as follows: The average member of a household in the project area is 3.7, which is much lower than that of the country of 3.89 (Da Teh Statistical Yearbook, 2013). The average member differentiates in the aspect of communes, ethnic groups, income groups, female-headed households and male-headed households Among the occupational structures of family members having jobs and income in the project area survey, agro-forestry sector accounts for 51% as the highest; pupils have the Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 9 Social Impact Assessment Report (SIA) percentage of 20% as the second rank; remaining are staff-officers, employees with the percentage of less than 10% for each category; people doing business / services, handicraft and housewives are particularly low of less than 1%. Thus, agro-forestry sector is a key sector in the project area where most of workforce gathers. About 85% of the project population graduated from elementary school to college, in which more than 50% people who graduated from junior high school. The illiteracy rate is 0.5% and the rate of preschool people in communes of project areas is 7%, which is higher than the national average as stated in the Statistical Yearbook 2013 (6.0%). There is no significant difference in those rates among surveyed communes. 30% of the surveyed households last month were ill. According to the interviewees, there are 5 main reasons impacting adversely on human health from high to low degree namely water pollution, living area pollution, unsafe food, the rage of diseases and lack of water for daily use. In surveyed area, agriculture is the main production activities, the basic livelihood of the people, so that land is the main production resource of farmers. Of which, 100% HH have residential land and have paddy, 60% HHs have land for vegetables and 50% of HH have land to plant industrial trees. 74,35% of surveyed households in the project area use tap-water (95 %) for daily activities, other households have to use water from pond, lake, river, wells. 67,41% of HHs use proper latrine, 30.11% of which has septic/semi-septic latrine, 37.3 of which uses two compartment latrines. There remains ¼ (27.5%) of HHs still uses simple latrine and 5.09% of HHs do not have latrine. In the Project areas, the middle and above middle income groups account for a large rate (33.5% and 30.9%). However, the poverty rate in the communes of project area is still high( 11,28%). Positive and Negative Impacts of the Project and mitigation measures The demand of all provinces in the country not only Lam Dong province for renovation, upgrading of lake and dam system is very high. If the project is implemented effectively in the coming years, shown in the sufficient supply of water production, over a third of those surveyed had their production plans in the project area. Positive Impacts - Increase productivity and agricultural output and seasons, develop aquaculture through the expasion of irrigated area, reduce disaster risks; increase production and non- agricultural business resulted from agriculture development, increase income and improve living standards; Create more jobs, especially for the hired group as their main occupation or part-time jobs, shorten harvest time and contribute to poverty reduction. These positive effects bring benefits to the majority of disadvantaged groups. Those who have Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 10 Social Impact Assessment Report (SIA) production land are benefited directly the most by irrigation. The supply of adequate water will serve the economic development of the project area. - Contribute to enhancing capacity and awareness of the community in responsing to natural disaster and dam unsafety. Negative Impacts -Recover affected land which is temporarily managed by the CPC, there may be conflict in water usage; increase in fertilizer and insecticide usage; health risks and impacts on ethnic minorities. These impacts should be considered and mitigated during the implementation of the project. -Increase in production and agricultural productivity and increase in chemical fertilizer and insecticide usage also which may cause environmental pollution. Mitigation measures Consult relevant parties Set up Resettlement Action Plan (RAP) Well perform the plans for community health management, communication, community health consultation and gender action plan; Publicise information, explanation responsibilities and supervision in order to mitigate the conflicts which may arise and other risks, improve investment efficiency and social significance of the project. Project Owner: The Department of Agriculture and Rural Development of Lam Dong province. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 11 Social Impact Assessment Report (SIA) PART I: INTRODUCTION 1.1. Project Introduction Via Central Project Office under the Ministry of Agriculture and Rural Development (MARD), the Government of Vietnam (the Government) is looking for fund financed by the WB to support the Project named as Dam Rehabilitation and Safety Project (DRSP) for improvement of dams. A list of 31 provinces has been proposed, in which the Feasibility Study and Social and Environmental Impact Assessment have been prepared for 12 sub-projects selected in the first year. The Repair and Upgrading for the safety of Da Teh Reservoir Subproject in Lam Dong Province is one of them. Objectives of the Project The project aims at providing support for the implementation of Dam National Safety Program through improving and reinforcing safety dams and reservoirs as well as protecting assets of the communities living at the downstream of dams and reservoirs. 1.2. Project Components. The Project is implemented through four components as folows: Component 1: Dam Safety Rehabilitation (US$400 million) This component will improve dam safety through physical rehabilitation of existing infrastructure. This will include two different approaches required for the rehabilitation of large/medium and small, community-managed dams. The difference between the two relates not only to the types of works and the regulatory framework, but also the institutional and implementation arrangements required to undertake such works and ensure their sustainable operation and maintenance. This would include support to (i) Detailed design, supervision and quality control of rehabilitation works for prioritized dams and associated infrastructure; (ii) rehabilitation works, including civil works, hydro- mechanical works and installation of hydrological and safety monitoring equipment; (iii) preparation of Operation and Maintenance Plans and Emergency Preparedness Plans; and (iv) adoption of standardized checklist for community-managed dams. Component 2: Dam Safety Management and Planning (US$90 million) This component will improve the planning and operational framework for dam management to safeguard the people and socio-economic infrastructure within downstream communities. This would include provision of support to: (i) hydrological observation network and information systems; (ii) integrated development planning and operational coordination mechanisms between irrigation and hydropower reservoirs; (iii) regulatory and institutional support and strengthening on coordination mechanism including national dam policy on registration, regulation, inspection, safety compliance and penalties; (iv) technical specifications, safety standards and regulations to internationally-accepted levels; and (v) capacity enhancement, basin-wide integrated Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 12 Social Impact Assessment Report (SIA) dam reservoir operation plans, emergency preparedness plan including dam break analysis, downstream flood mapping and benchmarking, awareness raising and evacuation drills for local communities living downstream. Component 3: Project Management Support (US$10 million) This component will provide the necessary enabling environment to support project implementation. This will include support for the following: (i) Project Steering Committee composed of MARD, MoIT and MoNRE to coordinate all project interventions; (ii) Project Management Unit (PMU) within MARD to provide the necessary support services for timely and effective project implementation, including monitoring & evaluation, procurement, financial management, safeguard monitoring, etc.; (iii)Technical Assistance for beneficiary departments within MoIT and MoNRE to provide the necessary support services for timely and effective project implementation; (iv) Establishment and operations of a National Dam Safety Review Panel; (v) Independent audits of prioritized dams before and after rehabilitation; and (vi) Incremental operating costs for project related activities. Component 4: Disaster Contingency (US$ 0 million - no fixed allocation, but not to exceed 20% of the total project cost) This component will improve the response capacity of the Government in case of an emergency relating to dam failure during project implementation. In the event of an emergency, this contingency component would facilitate rapid utilization of loan proceeds by minimizing the number of processing steps and modifying fiduciary and safeguard requirements so as to support rapid implementation. This component would allow expenditures to be made in accordance with the rapid response procedures of OP/BP 10 subject to the list of positive goods and services to be defined during project development. Such a component is not a substitution for insurance, and does not remove the need for construction covering dams included under the project. A generic positive list may be combined with a list of excluded goods that could trigger safeguard policies. This is intended to help ensure sufficient liquidity in the case of an emergency by financing the government’s overall response to the emergency and providing some measure of protection to Government’s fiscal accounts. 1.3. Overview of subproject. Da Teh reservoir is located in My Duc commune, Lam Dong, this reservoir was built in 1995. The main and auxiliary construction works of Da The reservoir include the following items: Dam: is built with homogeneous soil of 27m in height and 600m in length; Flood spillway: its width Btr = 18.0m; with reinforced concrete structure, connecting by water slope and dissipate energy by injecting nozzle; Water intake culvert: located at the left shoulder of the dam, it is the box culvert with control valve tower in the upstream; Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 13 Social Impact Assessment Report (SIA) Service road: Aggregate road, is rather slope and cause difficulty for vehicles and people to move around in rainy season. Activities of subproject: Carry out water proof for the body and surface of dam, treat local erosion; replace valves and joints of the water intake culvert; expand spillway and build bridge over the spillway and upgrade the service road. Objective of the subproject: The main objectives of the upgrading and enhancement of safety for the dam and reservoir are: (i) Ensure the safety of reservoir during the exploitation to adapt to climate change and to meet increasing demand in the low land, to mitigate adverse impact on environment and landscape in river bed and low land; (ii) ensure that the initial design may afford the stable watering for 2.300ha of 2 crop paddy, in existing watering area in My Duc commune and Quang Trị commune, Da Teh district and (iii) ensure water supply for domestic water with the capacity of10.000m3/day and night. The "Upgrading for the safety of Da Teh reservoir in Lam Dong province" project has been proposed to implement with sponsor from the World Bank under the dam upgrading and safety. Project location: The construction works under the subproject are implemented in village 8, My Duc commune, DaTeh district, Lam Dong province, which is illustrated in the following map: Há»’ Ä?ẠTẺH Figure 2.1: Map of subproject location Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 14 Social Impact Assessment Report (SIA) PART II: OBJECTIVES AND METHODOLOGY OF EIA 2.1. Objectives and tasks of Study The main objective of Social Impact Assessment (SIA) is to provide an integrated framework for the social analysis in accordance with the World Bank's processes and activities. Because there are many social variables that may potentially affect the operation and success of the Project, the SIA has focused on investigating and assessing the issues related to construction activities and operation of the Project. The decision on determination of important issues and how to resolve them have been done by the consultations with stakeholders as well as utilization of different methods to collect information and analyze data. The SIA has been implemented through (a) a Socio- economic Survey (SES) at the Regional and Provincial level of the Project and (b) a socioeconomic survey for HHs in the Project. In this context, the SES has been designed to (i) provide baseline data on household and assessment of the impacts of resettlement; (ii) ensure that the rights of persons affected by proposals are satisfactory, suitable and can be used for the monitoring of resettlement. Quantitative and qualitative methods have been used to collect socio-economic information of households. At a minimum level, the SES has collected information from 200 households, who were identified as beneficiaries of the Project, regardless of gender and ethnicity. Scale of collected data includes socio-economy information of heads of households (name, sex, age, livelihood or occupation, income, education, and ethnicity) and household members (number, livelihood or occupation, children and school-age children, and literacy, regardless of gender; living conditions (access to water supply, sanitation, and energy for cooking and lighting, ownership of durable goods, and access to services and basic structures); The use of the land of affected households; The social and potential impacts of the project to local people. 2.2. Methodology for assessment. The purpose of this social assessment (SA), conducted in an integral manner with environmental assessment for this subproject, is two-fold. First, it examined the potential impacts of the subproject – positive and adverse impact – on the basis of planned project activities. Second, its findings inform the design of measures addressing identified potential adverse impact and proposing community development activities that are relevant to the project development goal. For identified adverse impact that could not be avoided, consultation with local people, governmental agencies, project stakeholders, etc., were carried out to ensure affected peoples will be appropriately compensated for, and supported in a manner that their socio-economic activities will be promptly and fully restored to the pre-project level, at least, and that their livelihoods will not be worsen off, in the long run, as a result of the subproject. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 15 Social Impact Assessment Report (SIA) As part of the social assessment, where ethnic minority (EM) peoples are present in the subproject area –as confirmed by the EM screening (as per Bank’s OP 4.10), consultation with them were carried out in a free, prior, and informed manner, to confirm if there is broad community support from affected EM peoples for the subproject implementation. EM screening was conducted as per Bank’s OP 4.10, and was done the scope and coverage of the social assessment vis-à-vis the environmental assessment (OP 4.01). A gender analysis was also done as part of the SA to understand underlying gender dimensions (from project impact perspective) to enable gender mainstreaming to promote gender equality, and enhance further the development effectiveness of the subproject, and the project as a whole. Depending on the magnitude of the identified potential project impact, and the project development objective, a gender action plan and gender monitoring plan were prepared There are many methods and techniques used in the assessment, the Consultant has applied the following methods to collect and evaluate information: (i) Document review: The review and analysis of documents related to the Project will provide basic information of the Project and help to explain reasons for existing changes or non-existence. On the other hand, it also helps identify gaps in data that need to be collected and evaluated further. The supply sources of documentation may come from the Center of Investment Management, Exploitation of Water Resources of Lam Dong, Department of Agriculture & Rural Development of Da Teh district, Department of Natural Resources and Environment of Lam Dong province, Division of Natural Resources and Environment of Da Teh district, Statistical Office of Da Teh district, and PC of My Duc commune and Quang Tri. (ii) Random sample survey: to collect information from a large number of affected people through the questionnaire interview with specific questions served for statistical analysis. The survey results will provide the basis for other evaluation studies as they help collect important data about the implementation issues or specific indicators from a sample. This method requires a sampling strategy (shown as below) to evaluate criteria before and after the existence of the Project. (iii) In-depth interviews and group discussions: to collect general information, point of views on a particular issue or clarify an issue an issue from a small group of selected people as representatives of different viewpoints and various APs (the poor, ethnic minorities, severely affected persons, ...). Group discussion is a good method to collect the opinions of changes, assessment of quality of services provided and identify fields to be improved. (iv) Direct observation: help timely obtain information and usefully complement to the data collected, better understand the context in which the information is collected and explain the survey results. 2.3. Research sample. Based on the basic design, the Consultant in cooperation with PPMU staffs and cadastral officials of project communes make a list of households affected by the Project in each Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 16 Social Impact Assessment Report (SIA) commune. On the basis of the list of AHs provided by the locality, the Consultant selects 100% of the total number of households affected and 10% of households not affected by the Project (including 100% of the households tend to relatively required the relocation) to be interviewed by questionnaire. Samples are selected to ensure gender ratio and ethnic minorities. The in-depth interviews and focus group discussions are selected from the survey and from those who provide key information at the provincial, district, communal levels and local people. Each discussion group consists of 6-8 people, 3 of which are female. At the project of Repair and upgrading for the safety of DA TEH reservoir in Lam Dong province, the Consultant has carried out the following quantitative studies: - In-depth interview 1 provincial leader of Project - In-depth interview 2 leaders of communal government - In-depth interview 1 female staff - Hold 2 group discussions with 25 representatives from affected households, in which 01 discussion in My Duc commune with representatives from 15 households; 01 group discussion in Quang Tri commune with representatives from 10 households. 2.4. Organization and implementation of research. The Consultant has established a research team consisting of six key experts (including a team leader) and the fieldwork experts. The experts have collected the documents from CPO and Design Consultant related to the project for the purpose of studying. Besides, the Consultant also uses the questionnaire at household level as provided by the central Consultant, guiding group discussions, in-depth interviews and forms which are used to gather secondary information at the provincial, district and communal levels. 2.5. Tools for information collection. Household Questionnaire: is designed consisting of 8 parts: Part 1 - General information about households and households’ members with the main indicator, namely age, gender, marital status, education, occupation and income; Part 2 - Properties of households; Part 3 - Income and expenditures; Part 4 - Access to social services; Part 5 - Production activities including the activities of agriculture, forestry and fishery, business / service, handicrafts; Section 6 – Some issues relating to the project; Section 7 – Understanding of diseases which infected through sex and HIV/AIDS; Part 8 - Gender issue. In-depth interviews and focus group discussions: Focusing on the issues of (i) rural infrastructure in surveyed localities, (ii) the impact of climate change on production and life and adaptability of local people, (iii) status of land use and its trends, (iv) access to clean water and sanitation in rural areas, (v) community awareness about the impacts of the use of chemicals in the production to the natural environment and natural habitats, and (vi) potential positive and negative effects of the Project to the people and mitigation measures. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 17 Social Impact Assessment Report (SIA) to collect secondary information and data in provinces, districts and communes, including the key information and data about the natural land and land use planning of each locality, population and labor, ethnicity and support programs for ethnic minorities, socio- economic indicators (average GDP, GDP per capita, poverty rate, percentage of households using clean water and toilets, number of hospitals and clinics, educational situation), areas affected by drought and floods every year, average rice yield, volume of fishing and aquaculture, irrigation systems and rural transportation. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 18 Social Impact Assessment Report (SIA) PART III: SOCIO-ECONOMIC CONDITIONS IN THE PROJECT AREAS 3.1. Overview of Socio-Economic Conditions of Lam Dong Province Lam Dong is one of five provinces in the Central Highlands of Vietnam, and is adjacent to the southern key economic zone. Located on the highest plateau of the Central Highlands of Lam Vien - Di Linh with the altitude of 1,500 m above sea level, Lam Dong is the only province in the Central Highlands having no international borders. Its capital is Da Lat City, about 300 km to the north of Ho Chi Minh City, and 210 km from the port of Nha Trang 210 km to the west. The total natural land area of Lam Dong is 977.219,6 ha, making up 3.1% of the country's area and 17.9% of the total area of the Central Highlands. The province has about 255.407 hectares of land for cultural production, in which 200,000 hectares of basaltic land in the plateaus of Di Linh - Bao Loc is suitable for perennial crops. The area for coffee and tea is around 145,000 ha, the area for vegetables is about 23,783 ha concentrating in Dalat, Don Duong, Luoyang, Duc Trong, Lam Ha. Da Teh district is located in the west of Lam Dong province, having an area of 523km2 and a population of 46,312 people (2014 Statistical Yearbook). The district center is the town of Da Teh, about 45km from Bao Loc town to the south and about 15km from Madaguoil, Da Huoai to the east. Da Teh district is located on the transition area between the plateau of Di Linh, Bao Loc with the Southeast region, with lower terrain to the west, southwest, from a height of 600m to less than 120 meters in the downstream of Da Nha river, Da Teh. Topography of Da Teh is divided into two types: - The heavily dissected high mountainous terrain makes up the relatively large area, distributing in the upstream of Da Te, Da Lay, Da Kho rivers, within the area of the communes of DaPal, Quang Tri, My Duc, Quoc Oai and in a part of the commune of Huong Lam, An Nhon. - The low mountainous area, which is interspersed with narrow valleys has an average elevation of 200 meters, concentrating in the south and southwest of the district. This terrain is located in the downstream of the abovementioned rivers and forms a relatively flat land in Ha Dong commune, Da Teh town and a part of the My Duc, Quoc Oai, An Nhon, Huong Lam, Da Lay and Da Kho communes. 3.1.1. Population and laborers. As of 2014 the population of the province is 1,265,126 people, 639.774 males (50.57%) and 625,352 females (49.33%). Population distribution in rural areas is 1,112,678 people accounting for 87.95%, 152,448 people in urban areas accounts for 12.05%. Population in working age by the end of 2013 is 830,049 people, accounting for 65.61% of the total population. The workforce is mainly farmers, accounting for 80.6%, only 19.4% of industrial workers and other sectors. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 19 Social Impact Assessment Report (SIA) The main income of the people is from agriculture, forest and handicrafts. The products are mainly rice, other agricultural and livestock products. The average income is about VND 4.08 million/person/year (about VND 340,000/person/month). The province currently has 43 ethnic groups in which ethnic minorities account for over 26%, they primarily depend on agriculture. This is a particular point which needs to be considered in the implementation of socioeconomic policies, especially policies for the remote and mountainous areas and for ethnic minorities. 3.1.2. Poverty. The Ministry of Labor, Invalids and Social Affairs has set the poverty line for period of 2010-2015, the poverty line for rural areas of Vietnam is VND 400,000/ person/ month (less than 4,800,000 VND/ person/ year), The marginal poverty line for rural area is 401,000-520,000 VND/ person/ month. By the end of 2014, the poverty rate of Lam Dong province remains 11.28% (decrease by 1.5% compared to 2013). They do not have capital to do breeding. They are mostly lonely elderly or disabled. Their soil is ineligible to cultivate high-value crops. 3.1.3 Health care and Education. Healthcare and medical conditions of Lam Dong province has been gradually improving. By 2014, Lam Dong province has 187 health care facilities under the Department of Health. including 14 hospitals, 22 polyclinics and 148 commune health stations, 1 hospital nursing and rehabilitation, with 3015 beds and 582 doctors, 596 nurses, 859 nurses and about 483 midwives. In 2014, Lam Dong province has 30.000 teachers graduated from professional training. 100% of preschool teachers, 100% primary school teachers, 99% lower secondary teachers, and 100% of higher secondary school teachers are qualified in accordance with the State standards. Lam Dong province has 3 college, three vocational schools; 10 boarding schools and regional education centers. In 2014, the province has 459 schools and education centers attracting 99% of primary school age children to go to school; 90% of children graduated from primary and lower secondary schools; and 80% graduated from lower and higher secondary schools. 3.2. Results of the Survey. Through the approaches to livelihood resources of households, this section will make an analysis of the socio-economic characteristics of surveyed households according to the human resources (demographic and labor, education, occupation, health), natural capital (productive land: agricultural land, forest land and aquatic land, land use), physical capital (housing, property for living, property for production and business), financial capital (income, changes in living standards, poverty, loans), and social capital (community relations, relatives, authorities and their support) and consider the impact factors including the potential impacts of the project. These resources have been analyzed with the integration with elements such as Gender, ethnic minorities and vulnerability. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 20 Social Impact Assessment Report (SIA) 3.2.1 Demographics. The average member of a household in the project area is 4.09, lower than the national average member of households, which is 3.89 (Statistical Yearbook, 2013). There are no difference in the number of inhabitants per household between communes, ethnic groups, income groups, female-headed households and male-headed households. In terms of ethnic minorities, the average scale of an ethnic minority is 3.9 persons and that of Kinh group is 3.6 persons. By gender of head of household, number of female- headed households is less people than its of male-headed households (respectively 3.63 compared with 3.91). Table 1: Demography and averag laborers per household HH structure by scale of Demography Demography (%) Average in 1-2 3-4 5-8 Above 9 HHs people people people people Total sample 4.09 27.1 55.2 17.7 0.0 My Duc commune 4.44 28.3 54.6 17.1 0.0 Quang Tri commune 3.88 26.2 57.9 15.9 0,0 By minority Kinh 3.95 26.9 58.7 14.4 0.0 Ethnic minority 4.27 10.1 42.3 47.6 0.0 By gender Male Headed households 4.12 12.5 47.3 40.2 0.0 Female Headed households 3.98 26.8 49.7 23.5 0.0 By income group Group 1 (the poorest) 55.2 36.7 8.1 0.0 Group 2 16.1 52.6 31.3 0.0 Group 3 11.7 40.6 47.7 0.0 Group 4 9.3 49.6 41.1 0.0 Group 5 (The richest) 8.5 53.3 38.2 0.0 Source: Survey Data By income groups, it is noted that the HH size of 5 persons and more in poor and marginal poor group (group 1 and 2), group 1 (8.1%) and group 2 (31.3%). This has shown that if in the last decade, large-scale with many children family is one of the main reason of poverty, at present, if any, it remains secondary reason because in fact, those family with more than 2 children is lesser and lesser. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 21 Social Impact Assessment Report (SIA) The analysis of the household structure by demographic scale in the project area showed a majority of households has 3-4 person (55.2%) and 1-2 person (27.1%); there are rarely households which have 5-8 persons (17.7%) and there is no HHs of 9 people or more. If small family size with a few children is universal as a recognition in Vietnam today, this survey shows that the nuclear family model accounts for around 85.2%. Thus, the survey data shows that the model of few member family and nuclear family occupies higher percentage indicating that the development of the project areas is higher than other communes in the province. 3.2.2. Occupation. Among the occupational structures of family members having jobs and income in the project area survey, agro-forestry sector accounts for 46.1% as the highest; pupils, students have the percentage of 19.8% as the second rank; remaining are staff-officers, employees, workers with the percentage of less than 10% for each category; people doing business/services, handicraft and housewives are particularly low of less than 1%. Thus, the agriculture-forestry is the dominant sector in the economy - society of the project area, where the majority of the workforce lives. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 22 Social Impact Assessment Report (SIA) Table 2: Main occupation of laborers Lab Agricult Trade Official Pupil or ure Not and s and s and Handic Hir Jobl Othe healt forestry suita servic employ stude raft ed ess rs h and ble es ees nts loss fishery Total samples 4,2 46,1 1,4 6,9 19,8 0,5 4,9 4,0 7,1 5,1 By communes My Duc commune 2,4 61,8 0,4 3,6 17,3 0,0 3,2 1,6 9,2 0,5 Quang Tri 4,1 40,5 1,6 9,5 21,6 0,3 5,9 1,9 5,4 9,2 commune By minorities + Kinh 4,2 44,4 1,6 7,5 20,1 0,5 5,0 4,2 6,5 6 +Ethnic minority 5,6 63,7 0,3 2,1 10,5 0,6 4,1 3,2 8,6 1,3 The rate of HHs which does agriculture-forestry-fishery of Kinh group is lower than ethnic minorities (44.4% compared to 65.9%). In contrast, the rate of HHs with non- agricultural occupation of Kinh group is higher than ethnic minorities (2.1% compared to 0.9%). In terms of occupational status, the contribute to the family income at present, the survey showed that the proportion of dependents is rather high accounting for 35.1%, of which a significant proportion of the unemployed and semi-unemployment. The subjects included most students, students, and the rest are still small elderly, lost labor and even are in working age, health but does not have a job. The project will increase the area of irrigated land, more seasonal produce in a year, diversifying outside the plantation industry (such as livestock, and professional services that use other countries); thereby increasing jobs and eliminate unemployment and underemployment present in the project area. On the other hand, will have a significant negative impact on the livelihoods of households which are relatively stable land recovered without implementing the mitigation measures to be effective in design, construction and compensation reasonable for the affected people can buy replacement land or a new job change. In terms of occupational rate contributing to the family income currently, the survey shows that the number of dependents is as high as 20%, of which there is a significant proportion of the unemployment and semi-unemployment. The dependents include pupils with the highest numbers, students, and the rest are young/elderly, those who are in labor health loss and even those in working age but unemployed. The project implementation will increase the area of irrigated land and seasonal crops per year, diversify the plantation (such as livestock, and other professional services that use water); thereby create more jobs and eliminate unemployment and underemployment in the project areas. On the other hand, there will have some significant negative impacts on households, whose livelihoods are relatively stable and whose land is acquired, if there are no effectively applied mitigation Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 23 Social Impact Assessment Report (SIA) measures, reasonable construction and compensation for the affected people for them to buy another land or have a new job. In general, the livelihood of people living in 5 communes benefiting from the surveyed project area is mainly agriculture, commonly two rice crops and one secondary crop a year. Therefore, the safety of dams and water stability for irrigation is very important for agricultural production in the residential areas, while there is a high demand of water for agriculture activities in most surveyed areas but actually it is not proactive. In actual qualitative surveys in the project area show that in the past there were some contradictions, conflicts between farmers, inequality of water supply amount because some households have more favorable conditions in receiving more water for their slots if they are at the upstream of the water resources. This is caused by the reservoir’s water loss. The repair and rehabilitation of reservoirs will address the lack of equality of water supply for the upstream and downstream. 3.2.3. Education. About 85% of the project population graduated from elementary school to college, in which more than 50% people who graduated from junior high school. The illiteracy rate is 0.5% and the rate of preschool people in communes of project areas is 7%, which is higher than the national average as stated in the Statistical Yearbook 2013 (6.0%). There is no significant difference in those rates among surveyed communes. According to the standard of living, the illiteracy rate in the poorest income group (group 1) only accounts for 0.5%). Table 3: Education level of household members (Unit %) Highest education level Junior College Primary High Not Pre- No Illiteracy high or School school suitable school info school above Total 0.2 17.2 32.0 30.3 8.0 2.8 6.8 2.7 My Duc commune 0.2 21.6 34.4 23.2 3.2 6.4 8.0 1.2 Quang Tri commune 0.0 11.1 40.7 29.6 7.5 0.3 5.7 4.8 Kinh 0.3 40.2 40.2 2.5 0.0 6.3 8.6 1.9 Ethnic minority 0.0 15.7 32.3 33.4 7.0 2.0 6.5 2.9 By income Group 1 (the poorest) 0.5 34.9 22.5 18.5 6.6 10.9 4.9 Group 2 0.5 24.9 35.5 25.5 0.0 3.6 6.9 1.8 Group 3 0.2 21.8 33.1 26.1 6.0 3.3 7.0 2.6 Group 4 0.0 14.8 35.5 29.5 10.0 1.5 7.3 1.9 Group 5 (the richest) 0.0 9.4 23.9 43.1 10.2 2.5 6.9 4.0 Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 24 Social Impact Assessment Report (SIA) 3.2.4. Health. There is about 28.7% of surveyed households last month were ill. This is a high rate and a worrying matter on the health of people in the project areas compared to the average health and better conditions for health care now. There are no large differences in sickness among the surveyed households as well as between rich and poor income groups. In terms of ethnic group, the rate of illness within the last one month of Kinh is lower than that of ethnic minorities (28.0% compared to 32.1%). Table 4: Health and health care conditions With sick person in the past one With medical insurance month Total 28.7 80.3 My Duc commune 29.1 93.0 Quang Tri commune 2.2 69.0 Kinh 28.0 78.6 Ethnic minority 32.1 88.7 By income Group 1 (the poorest) 28.8 68.4 Group 2 25.1 74.4 Group 3 15.8 79.1 Group 4 18.3 74.8 Group 5 (the richest) 10.2 93.5 The number of surveyed households having insurances of all kinds is relatively high, accounting for 80.3%. In particular, the health insurance rate in the highest income group is at the highest of 93% in Quang Tri commune. It is noteworthy that the number of surveyed households of Kinh group (78.6%) is lower than that of ethnic minorities (88.7%). The incidence of medical insurance in the highest income households (93.5%) is much higher than it of households with the lowest incomes (68.4%). According to the respondents of surveyed households, there are five main reasons causing negative impacts on the health situation are listed as follows from the highest to lowest level, namely: polluted water, polluted areas, foods insecurity, more diseases and lacking of running water. The survey shows that two most important reasons causing negative impacts on public health are food unsafety and living pollution (accounting for 44.3%). This is not only the Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 25 Social Impact Assessment Report (SIA) issue of the communes in the project area but also common issue of other provinces and cities. 3.2.5 Land. In surveyed area, agriculture is the main production activities, the basic livelihood of the people, so that land is the main production resource of farmers. Of which, 99.5% HHs have residential land, 95.2% HHs have paddy land, 49.2% HHs have land for vegetables, 23.3% of HH have land to plant industrial trees. The data of land of all types of surveyed households in the project area showed that agriculture and farming are popular in the localities. Therefore, the demand for irrigation for agriculture in these regions is very high, the lack of water in 1-2 months will certainly affect the lives of local people. By income, the two lowest income groups (group 1, 2) have the lowest percentage of arable land types, in contrast, the HHs of higher income shall have higher rate of cultivating land. For example, in poorest households, there is only 89.5% of households have paddy land, 10.5% of households have land for farm produce and vegetable, 10.5% of households have land for industrial trees. It is obvious that the lack of arable land is now only one of the reasons causing poverty in agriculture area, rural areas. For the purpose of reducing poverty, the stability and increasing of irrigated areas, increasing crops/ season/ year for the existing area as well as increasing activities of non-agricultural employment is very important. Table 5: Kinds of land of households Unit % Paddy Land for Land for Ponds, Residential field vegetables, industrial surface land area secondary crops trees water Total 99.5 100 65.5 25.6 15.3 My Duc commune 100.0 98.2 45.6 49.1 5.3 Quang Tri commune 98.8 98.8 24.1 3.4 24.1 By income Group 1 (the poorest) 100.0 89.5 10.5 10.5 0.0 Group 2 100.0 93.6 42.3 19.2 6.4 Group 3 98.2 95.5 48.2 20.9 13.6 Group 4 100.0 98.1 59.2 20.2 17.5 Group 5 (the richest) 100.0 94.4 52.3 32.7 24.3 3.2.6 Clean water. Water source for bathing and washing Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 26 Social Impact Assessment Report (SIA) 74,35% of surveyed households in the project area use tap-water (95 %) for daily activities, other households have to use water from pond, lake, river, wells. In the rural areas, 74,35% of the water sources used for bathing and daily activities from sources such as wells, private water taps, public water and rainwater are considered to be hygienic. Table 6: Percentage of households in the project communes using water sources (%) Private running Public Water from Rain Wells Others water tap water ponds, lakes water Group 1 (the poorest) 47,9 0,0 30,5 20,6 1,0 0,0 Group 2 58,7 0,0 17,3 21,5 0,0 2,5 Group 3 59,0 0,0 18,3 21,5 0,0 1,2 Group 4 62,4 0,0 16,1 21,5 0,0 0,0 Group 5 (the richest) 67,1 0,0 10,2 21,5 0,0 1,2 Drinking water sources Like water for washing and bathing, the drinking water of people in surveyed communes is mainly from tap at the rate of 74.35%. It can be said that in the surveyed project areas, drinking and domestic water are not being met in terms of quantity and quality, thus keeping water during the water shortage seasons is very important affected to the people in the project area. 3.2.7. Sanitation. up to 67.41% of households in the surveyed area have used sanitary toilets; including 30.11% of households with septic and semi-septic tanks, 37.3% of households with 2 compartment toilets. In addition, about 27.5% of households still use simple toilets, and 5.09% of households haven’t had toilets. In parallel with the implementation of the project, it is necessary to promote greater awareness of people about hygiene to protect health. 3.2.8. Income and Standards of Living of households. In the Project areas, the middle income group and above occupy a high rate (42.5% and 33.8% is) and especially the poverty rate in surveyed communes remains only of 3.5%. In the Project areas, the middle income group and above occupy a large rate (33.5% and 30.9%). However, the poverty rate in the communes of project area is still high In terms of ethnicity, at poverty level, there is a rather big gap between the Kinh and ethnic people (5% and 22.5% respectively). Similarly, for gender of the heads of households, female-headed households have a higher rate of poverty compared with male-headed households (18.4% versus 12.3%). Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 27 Social Impact Assessment Report (SIA) The number of poor households of ethnic group is four times as much as that of Kinh (5% compared to 22.5%). Thus, the income and living standards of households in affected areas are generally moderate. The female-headed households and households of ethnic minorities have the highest poverty living standards, the most difficulties. As a result, the Project will contribute to the improvement of the lives of women because they are affected and vulnerable. 3.2.9. A numner of livelihood and social security issues. a. Loans It is a regular situation and popularity when communities in rural areas are often debtors. Half of the interviewed households currently have a loan, accounting for 44.5% of total respondents. Regarding the scale of debt, up to 85.6% of households borrow only an amount of less than VND 60 million, and the rate of households with loans of more than VND 60 million is much lower only 9.4%. The loan is relatively low (≤ 60 million) because households do not dare to make a large-scale investment while their production and living conditions do not guarantee high profits for payment of loan and interest. Therefore, investing in irrigation infrastructure, agricultural production will make them feel safe. People use the loan to spend for education, livestock and agricultural production at a rate of over 38.8%. This indicates the top priorities and demands of local people in the project areas. Other purposes such as fisheries, forestry, industry, have a very low rate (<5%). When considering the ratio of loan purpose, social survey data shows that in the purpose of "investment loans for livestock and agricultural production" accounted for the highest percentage. This is easily explained by people still focus on the development of production, stable life. The surveyed data on loan purposes in communes shows that the purpose of "loans for investment of livestock and agricultural production" accounts for the highest percentage. People still focus on the development of production and life stabilization that can be easily explained. b. Social Security It is likely that everyone will face and overcome risks or difficulties in a certain period of time in the life that need the help of other people (or organizations). The survey of difficulty/ risk may require physical support. People rely heavily on support from their siblings, parents, then from parents from both sides, children, government/ mass organization; and a small percentage of support from friends and neighbors of only 1-2%. This suggests that in addition to the support from parents, children; the unions and the government also play a significant part in helping people overcome difficulties in life and to develop production. The Kinh ethnic has the ratio of help from nobody 4 times higher than that of the ethnic minorities. The proportion of high material support of the Kinh was from sibling (26.3%). Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 28 Social Impact Assessment Report (SIA) Meanwhile, the percentage of material assistance in the ethnic minorities is: government and organizations (31.0%) and siblings (18.3%). Qualitative survey showed, in fact, that the material support for ethnic minority people is insignificant, moreover, the blood relationship in ethnic minority is less cohesive than the Kinh and they live scatteredly. On the other hand, and the most important thing, the relatives among ethnic minorities are also in difficult conditions thus they cannot afford to help each other. In terms of income group, the poor income group (group 1) receives significantly material support from governments/ organizations (31.6%), and then support from parents of the two sides (26. 3%) while the highest income group (group 5) receives the most significant support from their siblings only (28.0%). Although the indices of ethnicity, or income groups are different, they have important role in emotional support to those siblings, children and parents in difficulty. Thus, the above data suggests an important role in providing material support of governments / mass organizations to people in the poor income group, ethnic minorities, poor mountainous localities and people experiencing difficulties/ risks in the life. For social groups, other localities, the physical and emotional support are both from siblings, parents and children of two sides. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 29 Social Impact Assessment Report (SIA) PART IV: POTENTIAL POSITIVE IMPACTS OF THE PROJECT The project of Repair and upgrading for the safety of Da Teh reservoir in Lam Dong province is implemented for the purpose of ensuring safety for the dam and for people in the low land of the construction work, development of irrigation served for stable agricultural and forestry production, diversification of crops, and ensuring food security to adapt to climate change under the pressure of population growth, adverse changes of the weather and instability of the world, while solving water resources for domestic use, industry, fisheries, commercial services... The stable supply of irrigation water to mountains, remote areas, especially in areas with particularly difficulty for water associates with the social policies to gradually solve the drinking water and water for the people, serve the socio-economic development, and contribute to the successful implementation of the poverty reduction program. This part presents positive impacts of the Project, benefits for the people living in the project areas in general and for households in particular. These impacts are presented in the following sub-section under the specific objectives of the Project. 4.1. Safety for reservoir and community The repair and upgrade of DA TEH reservoir contribute to ensuring safety in downstream of reservoir and dam by proactively controlling flood and regulating lake: The downstream of Da Teh reservoir consists of My Duc, Quang Tri commune of Da Teh district, and many residential areas, schools, thus the safety of the reservoir during its operations is essential. 4.2. Increase in the community capacity and awareness The subproject enhances capacity and awareness of people in responding to disaster and dam unsafety, protects construction works and related issues through consultation, construction, training and communication in the process before, during and after the upgrade works, especially those activities relating to gender or ethnic minorities will create opportunities for capacity building for the people of the participating communes, increase the social understanding and community attachment, increase ability to organize, manage, monitor and increase the status of women as well as the level of associations in the community. 4.3. Enhance of capacity and improvement of cooperation in responding to dam unsafety The upgrade and repair of Da Teh reservoir will improve the capacity and improve coordination in response to unsafe dams disaster and adapt to climate change caused by upgrade and improvement of Da Teh reservoir work items including: reinforcing dam, expanding spillway, upgrading culvert and service road combined with emergency road. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 30 Social Impact Assessment Report (SIA) 4.4. Livelihood stabilization The reservoir has the task of ensuring water supply for 2.300 ha of 2 crop rice and winter farm produce in existing irrigation area in My Duc, Kim Phu commune, Da Teh district; Improve agricultural production conditions by actively regulating irrigation water at the end of the rainy season, supply water for the dry season after the regulation works are upgraded and repaired; After the project has been renovated and upgraded, the landscaping around the reservoir becomes more spacious and cleaner. Beautiful landscape combined with convenient transportation will attract visitors to the tourism and will increase funding for local budget. The development of lake tourism and associated services will contribute to changing the lives of local people especially in My Duc commune. Developed tourism activities will create job opportunities for local workers and increase their income through catering and goods barter services when the sub-projects is completed, clean and beautiful ecological environment and landscape shall attract visitors to the reservoir. 4.5. Poverty reduction. During the construction phase, it is difficult to assess the status of income and poverty correctly, however, it can be said that to concentrate large force of workers will increase purchasing power, the demand for services. .. this will create favorable conditions for economic development, create jobs and income for local people. The stability of water, increase in crop production also help stabilize the lives of the farmers who depend on agriculture; 4.6. Improvement of ecological environment. The construction layout, the reservoir and upstream of flora system, vegetation of the ecological environment will be significantly improved by planting trees, forest for ecosystem restoration after construction works finished. The storage of water in reservoirs increase underground water level, soil moisture, renovate climatic conditions and create favorable conditions for the plants which prefer moist to develop. 4.7. Development of social welfare for vulnerable groups and strengthening social capital for people in the project areas Proper identification to ethnicities and female headed HHs, poor household paying attention to the most vulnerable groups are required to ensure that their welfare is the most interested matter in the Project. Strengthening social activities will create conditions for these groups to participate in the planning, design and implementation of sub-projects to ensure that the project will bring about the best benefits in the current conditions and mitigate their adverse impacts. In the sub-project, the investment in stable water supply and create opportunity to expand local roads will help people, especially women save time collecting water, agriculture Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 31 Social Impact Assessment Report (SIA) production through actively arranging seasonal schedule, as well as the taking of water for livestock, economic development in farm garden, contributing to the diversity of types of agricultural products and increasing accessibility market, improved earnings. Domestic water is provided more timely is the basic conditions to improve people's health, especially avoid the diseases of women. Through the implementation of the gender action plan of the project, gender awareness will be raised in all levels of government and community. Women reducing labor time will have the opportunity to participate in community activities, learn to raise the level of knowledge, education of children, During the consultations, the people are very supportive of the sub-projects in their area because they are well aware that this is the main mechanism to improve economic conditions. The project supports the improvement and upgrading of the system of main reservoir and dam contributing to stabilize water supply for cultivation and husbandry of the households. The project will increase agricultural production, improve living conditions, stabilize water levels, improve the environment and the health status of the people in the project area, especially women and people in the project area. 4.8. The solution is optimizing investment efficiency. The repair and improve of dam safety is a method to maximize the efficiency of construction investment in reservoir. After the project is completed, its irrigation efficiency will be maximized, while creating a positive impact as discussed in section IV. To further promote the efficiency of investment projects, the reservoir management unit, local government and the people should perform the following activities: - Develop and implement proper reservoir operation procedures; - Perform maintenance and repair lake periodically to ensure operation safety for reservoirs; - Regular training on operation and management technique for management staff; - Dissemination and increase awareness of people, students on Ordinance of protection of irrigation works, especially My Duc people and beneficiary communes. This activity can be carried out at regular meetings at village and commune level as well as on the mass media on the loudspeaker of the communes. - Regularly monitor and check such items as culvert, spillway, dam, reservoir management road and ancillary works to detect the particular incident for timely treatment; - - Establish information systems for reservoir safety warnings smoothly between the relevant agencies with government and local people to respond quickly in emergency situations; Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 32 Social Impact Assessment Report (SIA) - Develop an emergency plan to prevent the incident to the lake, while rehearsing the prevention plans for people; - Regularly clean lakeside landscape, strictly prevent people from grazing, planting perennials within the protected works. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 33 Social Impact Assessment Report (SIA) PART V: POTENTIAL NEGATIVE IMPACTS OF THE PROJECT This Part will present and refer to the negative impacts that may occur in the Project and mitigation measures to be prepared to eliminate immediately, or minimize the negative impacts as below. 5.1. Land acquisition. The Dam Repair and Safety Improvement project includes the repair and reinforcement of dam surface and spillway or concrete of service road, repair of water sewers without land acquisition. The repair and rehabilitation for safety of DA TEH reservoir sub-project will have direct impacts to Village 8, My Duc commune, DaTeh, Lam Dong. The sub- project will temporarily acquire 10.000m2 managed by the CPC for construction. No households are affected more than 20% of the total area of agricultural land (or 10% for vulnerable households) and relocation, no shops/ business are affected and no ethnic minority households are affected by the Da Teh subproject. To minimize the impacts of land acquisition, in the detailed design, the Design Consultant should consult the local community to design proper measures to minimize the land acquisition and other adverse impacts on people. On the other hand, a Resettlement Policy Framework and EM Policy Framework for the whole Project and a Resettlement Action Plan and a EM Development Plan for each sub-project have been prepared to ensure that AHs of the Project will be compensated adequately. 5.2. Conflict of benefits and impacts on the local economy For economy: The construction works of Da Teh Reservoir will mobilize 150 workers in the peak period, will increase demand for food and local food, therefore contributing to services development. For the management system of local government: The construction will attract migrants to the project area, will be the cause of social evils causing difficulties in controlling security order and social management. The impacts will be controlled by the contractors. For humans: The illegal immigration and construction workers can carry and transmit diseases to strangers to the local people and vice versa. At the same time, their activities will cause pollution to the water and air creating conditions for pathogen development, especially common diseases such as malaria, diarrhea, fever, jaundice, ... that have influence to the health of construction workers and the people. This effect can be controlled by the contractors 5.3. Impact on health and community safety. During the construction, labor accidents can occur if they do not comply with the regulations on labor safety, due to spillage of materials, unsecured equipment transport resulted from dangerous speeding... The majority of the local labors do not deeply Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 34 Social Impact Assessment Report (SIA) understand the technical processes when workers are too tired to work overtime, or because of machinery operation incidents. 5.4. The impact on health, community health. During the construction phase, there are about 150 construction workers and migrants freely to work in the construction sites/ other services should work, therefore, the community medical and health care of the health centers will face more difficulties in case of diseases; Waste and domestic wastewater generated from activities, services development, livestock farming of households, participation of workers and current residents in service activities in the construction process will create holes, puddles which will cause unhygienic water, air pollution, enabling the development of flies, mosquitoes and outbreak of diarrhea, dengue fever without malaria prevention, treatment and good sanitation. 5.5. Social evils. The concentration of a large number of workers in the field with a very high proportion of men, current residents, business activities and entertainment may result in complex social evils such as heroin, and prostitution. Some social diseases such as HIV / AIDS, hepatitis B and C can appear and spread; Besides, the upgrading of DA TEH reservoir will create the clean and beautiful environment, increase the number of tourists which create favorable conditions for tourist services development, and therefore, can increase some of the social ills such as drug addiction, prostitution ... Issues related to social evils have been raised in the depth interviews with local leaders and consultation with community where people get benefit from the project as well as people affected by the project. Mitigation measures are presented in the following section. 5.6. Potential conflicts in the use of water and roles of stakeholders. It is likely that the amount of water will be less, which would have dispute or dissatisfaction between households when some households enjoy more favorable locations for water but other households don’t. The commitment of the rural households should be made through the meeting, the village head should disseminate information before the occurrence of such situation. The Project aims at increasing the capacity of local agencies involved in the management and implementation of dam upgrading, community participatory encouragement, strengthening knowledge and understanding of the management, repair as well as facilitating the equality cooperation between the users, beneficiaries with management agency and local authorities. This will help people and local communities develop water resource management mechanisms collectively to avoid conflicts between the stakeholders and to minimize the short and long term potential impacts. It can be shown in the contradictory between the IMC (or local irrigation officials) and irrigation service Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 35 Social Impact Assessment Report (SIA) users when the water supply plan is different. Or the conflict between the water users, especially when they realize the inequality in the water supply between those in the upstream and those in the downstream. 5.7. Pollution of plant protection products and fertilizers. The assurance of stable irrigated area can change the structure of agricultural crops and result in an increase in plant protection products and fertilizers. These toxic chemicals are the potential to reduce biodiversity, pollute the air, soil, water and have direct impacts on the health of farmers and indirect effects on consumers. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 36 Social Impact Assessment Report (SIA) PART VI. MITIGATION MEASURES The public consultation, survey and assessment of the repair and upgrade of Da Teh reservoir subproject, Lam Dong province suggest that the Project will bring huge benefits, both immediate and long-term benefits to residents and communities in the project areas in particular and Lam Dong in general. Specifically, the Project will contribute to ensure the safety of the reservoir, stability of irrigated area, which is an important factor for the development of irrigation for mountainous areas, especially areas with water resources difficulties. However, during the construction and after completion of the Project, there are a number of negative factors affecting people's lives and communities in the project areas. The fundamental negative factors are land acquisition and resettlement, conflicts on water use, increase in the use of fertilizer, health risks, social evils ... The positive impacts of the Project are easily recognized and significant, the negative impacts are minor and can be overcome by the compliance with the policy framework, regulations, instructions of the project plans, donors and the Government. In addition, the mitigation measure and minimization of negative impacts caused by the Project will include the details as following: 6.1. Consultation with stakeholders. To minimize the risks related to the negative effects that may arise and to establish communication channels, the Consultant has consulted the local community many times during the project preparation. The Project is financed by international organizations, the level of compensation in one location where exists many types of investment, may apply several inconsistent compensation policy, which complaints may arise. Therefore, the province should have documents to guide the implementation of the inventory, payment, replacement costs of the Project based on the Resettlement Policy Framework approved by the Prime Minister. PMU collaborates with local localities to provide information on project investment objectives and policies to the community for them to understand requirements on water use efficiency through propagandas. Consultation with EM peoples: For this subproject, a RAP has been prepared to ensure the loss of land/crop anticipated at the reservoir site will be appropriately and timely compensated for. There is no adverse impact anticipated for the EM peoples present in the project area. An EMDP has been prepared for this subproject - on the basis of social assessment and consultation with the EM peoples from this subproject. The EMDP aims to offer development opportunities for these EM present in the subproject area even though they are not adversely affected as a result of the subproject. Free, prior and informed consultations with EM indicated that because there is no adverse impact anticipated for the EM peoples, and that the EMDP was prepared to Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 37 Social Impact Assessment Report (SIA) provide additional development opportunities to EM peoples, there has been a broad community support from the EM peoples consulted for the subproject implementation. 6.2. The policies. Policies should be strictly implementated, that are regulations on compensation, support and resettlement. These are laws and regulations of Vietnam (Constitution of the Republic Socialist of Vietnam (1992) confirmed the rights of citizens to own and protect the housing ownership. In addition, the Government enacted a number of laws, decrees, and regulations setting up the legal framework for land acquisition, compensation and resettlement. Lam Dong province has also issued a number of documents on application of the decrees of the Government). Furhermore, policies also be considered regarding the compulsory resettlement as defined by the World Bank in order to minimize potential negative impacts to people, including paying attention to the issues, and genders and other vulnerable groups. At the same time, the policy also regulate the dissemination of information to the affected people, monitoring and evaluating the implementation of compensation and resettlement. 6.3. Policy framework review. It is necessary to consider the basic differences between the policies related to social and resettlement of Vietnam and Involuntary Resettlement (OP 4.12) of the World Bank to propose appropriate and specific measure for the compensation price as following: At the time of land acquisition, district compensation councils carry out the replacement cost survey to ensure that the compensation rates for all affected properties are replacement costs at the market price. Houses and buildings on land are not eligible to receive compensation but will be compensated by 100% replacement cost of the houses/ new works, excluding depreciation of reused materials if they do not violate zoning and land use planning as confirmed by the competent authorities or do not violate the work protection corridor at the time of construction. For support for family household businesses and severely affected households: All business AHs are eligible to receive support, regardless of whether they are registered or not. The AHs losing 20% or more (10% or more for the poor and vulnerable groups) of the total area of productive land will be compensated with "land by land" or cash at replacement cost, depending on the requirements of households and public land of each locality. In addition to compensation for loss of land, households also receive livelihood recovery program and job training/ job creation. 6.4. Resettlement Action Plan (RAP). The best efforts have been made to avoid land acquisition and resettlement of local people but the acquisition of land and other properties of the people are inevitable. At the request of the World Bank, the RAP has been prepared for the first round projects and the Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 38 Social Impact Assessment Report (SIA) Resettlement Plan will be similarly prepared for the second round projects. This plan reflects how the project will minimize the loss of affected people in the project, rehabilitate their livelihoods by compensation, support, and/ or subsidization. The overall objectives of the Resettlement Action Plan are to ensure that all AHs are compensated at replacement cost for their losses and to provide support measures for livelihood rehabilitation - at least as equal as previously. 6.5. Good preparation and implementation of public health management plan: Good control of adverse effects and health risks to the community during construction of the Sub-project. Proactively prevent diseases arising in the course of construction while responde effectively diseases. Strengthen communication and health education for the people, the local authorities about the risks of potential disease development in the sub- project construction process. 6.6. Good preparation and implementation of participatory communication, public health consultation plan. Increase information accessibility for their own interests in the project area. The construction project plans are informed and updated to people for them to proactively plan their production and living. Information for development: improving the information accessibility served for the life of the people, contributing to improve the quality of life. Enhance the participation of the people. 6.7. Good preparation and implementation of gender action plans: A gender action plan is needed to facilitate the full participation of women in the construction phase of the project, providing new opportunity for women to increase their income, but does not increase the burden on their lives, and contribute to increasing the role and status of women in the project area. 6.8. Information disclosure, social accountability and monitoring: In order to ensure the participation of affected communities, families, local governments and organizations related in the information disclosure of projects, consultation on selection of technical alternatives, expected impacts on land, income and assets on land... The information disclosure sheet is an important contribution in accerlerating the project in the processes of implementation, preparation, and when the project goes into operation together with the consensus of the community, PMU government. This will minimize the possibility of potential conflicts and other risks, and increase the efficiency of investment and social significance of the project. 6.9. Expert on resettlement plan. Hire an experienced specialist, who will collaborate with the PMU to implement the resettlement plans and rehabilitation programs for people. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 39 Social Impact Assessment Report (SIA) Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 40 Social Impact Assessment Report (SIA) PART VII: ROLES OF STAKEHOLDERS 7.1. Overview of the participating agencies In the preparation phase and implementation of the project, DARD Lam Dong is the governing body who is responsible for overall supervision and direction of the Project under the supervision and direction of the related sectors and departments. The Project Management Unit will be the representative of the governing body to perform all activities of the Project. In addition, there are departments, sectors, DPCs, CPCs, and communities in the project areas, the consulting units... During the operational phase and when the project is put into use, the work will be handed over to the Lam Dong Irrigation Work Exploitation Center for management. 7.2. Roles of the agencies participating in the project management and implementation. 7.2.1. Roles of management agencies Lam Dong Province: is the agency who directly instructs the project implementation. Lam Dong province is responsible for the entire activities of the Project to the Government of Vietnam. To Vietnam party, Lam Dong province is authorized to approve related documents in the project preparation and implementation. Lam Dong DARD: The Client of the Project is responsible for the entire operation of the project before Lam Dong PPC; expertise management and giving guidance to the Lam Dong Irrigation Work Exploitation Center necessary procedures related to the contractors and work items in the construction stage, supervising the contractors in complying with the traffic safety rules. Department of Planning and Investment: Collaborates with relevant agencies to assist the CPC in the capital plan implementation, annual budget preparation and giving guidance to the Lam Dong Irrigation Work Exploitation Center in implementation of funding procedures; support the PMU in procedures and processes for appraisal of technical reports, the project components, bid documents, and bid evaluation. Collaborates with relevant departments to consult the PPC in the appraisal and approval of the Project and help the PMU in solving problems in the project implementation. Department of Finance: Collaborates with the Department of Planning and Investment to provide annual funding for the Project under the provincial budget. Support the PMU in financial planning and evaluation of the financial costs, the operation of the PMU to submit to the PPC for approval; appraisal of compensation price, implementation of resettlement policy and income rehabilitation support under the current regulations and social safeguard policies of the World Bank. Assist the Lam Dong Irrigation Work Exploitation Center to solve financial problems during the project implementation. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 41 Social Impact Assessment Report (SIA) Department of Natural Resources and Environment: Gives guidelines to the PMU the legal procedures and processes for evaluation and approval of environmental impact assessment reports; Collaborates with relevant departments for evaluation of resettlement compensation, site clearance and land grant plans for the Project; gives the PMU guidelines and performs the environmental management and monitoring during the construction of the project. State Provincial Treasury: Support the Lam Dong Irrigation Work Exploitation Center legal procedures in the disbursement process and counterpart funding for the Project. Compensation and Site Clearance Board: As the competent body to decide the mechanisms and policies on compensation and resettlement of in the Project, hand over the construction sites to the contractors on schedule. They also collaborate with the Lam Dong Irrigation Work Exploitation Center to implement the resettlement and land clearance to ensure the construction progress and social safeguard policies of the World Bank. District/ Commune People's Committee: the DPC collaborates with Lam Dong Irrigation Work Exploitation Center on the disclosure of the project information to the people, performs compensation and clearance activities; collaborates with the contractors on work items; Collaborates with the Lam Dong Irrigation Work Exploitation Center, the independent experts in the supervision of contractors’ activities and construction stage in localities. The CPC is also an authority to capture feedback from people regarding their unfavorable conditions caused by the Project. The role of the CPC is very important and indispensable in many activities both during the preparation and in the project implementation. 7.2.2. Roles of unions and public organizations Social organizations, associations, community organizations and users of the work items of the Project will have a very important role in the project implementation process. The political - social organizations such as the Fatherland Front, Women's Union, Farmers Union, Youth Union, Associations for Elderly ... are organizations with a large number of membership from various structures, including members of villages, hamlets. The social organization closely monitors the implementation of the Project, especially the land acquisition, compensation and resettlement to ensure the compliance with security policies of the Bank and the current regulations of Vietnam laws. The unions and mass organizations in the community where receive the issues and responses of people related to the activities of the Project during the preparation, construction and operation. The supervision of the organizations and unions in collaboration with the residential groups in the community play a significant role in helping the Lam Dong Irrigation Work Exploitation Center, the contractors promptly adjust the design, construction activities to minimize the undesirable impacts to the lives of people in affected areas. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 42 Social Impact Assessment Report (SIA) Villages, hamlets: A level where the local people works directly with and reflect the issues raised in the course of preparation, construction and operation of the Project. Villages, hamlets will be the final steps of implementation of the project information provision to the people and be the first contact to receive feedback from the people involved in the Project. The role of village/ hamlet officials is very important; and reflects objectively and timely the aspirations and legitimate recommendations of residents in the project implementation process in order to minimize the unexpected impacts to the life of people. In addition, the opinions from village/ hamlet officials also helps to build the project items in a more appropriate fashion, bring about more economic and social efficiency for communities who are direct beneficiaries of the Project. 7.3. Collaborations between stakeholders. In the project preparation and implementation, the involvement of stakeholders has particularly important. First of all, the comments in the design will contribute remarkably to the design adjustment to meet the technical requirements and increase socio-economic efficiency as well as the investment performance, minimize undesirable effects caused by the construction to the lives of people in the community, especially the impacts on society and environment during construction and operation. The unsuccessful collaboration between stakeholders will result in potential waste of resources, delay of the project progress, negative social and environmental impacts as well as investment efficiency... In project implementation process, the good collaboration between them will ensure the implementation progress of the Project. The analysis of the project implementation process in Lam Dong province shows that the collaboration between stakeholders is pretty good and has no problems. 7.4. Needs for training of capacity building of stakeholders. The Lam Dong Irrigation Work Exploitation Center has experienced the management of ODA project implementation, however, nearly half of them perform several tasks and do not have experience in project management. Therefore, the needs for training of capacity building have been identified for specialized teams in addition to a number of officials of the departments and agencies of the province.. The capacity strengthening contents are defined: training, professional and specialized training for members of the Lam Dong Irrigation Work Exploitation Center, experts from departments related to the project in the fields of project management, bidding, construction supervision, project management and operation. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 43 Social Impact Assessment Report (SIA) PART VIII: CONCLUSIONS AND RECOMMENDATIONS 8.1. Conclusions Livelihood resources of communities and livelihoods of the people. The uneven distribution of resources, capital, physical capital, financial capital in the social groups is the factors affecting the economic development and social justice in the project areas. It also has influence and dominate the livelihoods of households of different social groups. Flexible and quite effective livelihoods of many households in vulnerable groups show that if positive and consistent support is provided, they will have many opportunities to escape poverty and improve their lives. Two main livelihood resources of the community in the project areas are human and agricultural land. The Dam Repair and Safety Improvement Project (WB8) will create an opportunity to promote advantages of the two aforementioned livelihood resources, expand agricultural production, create jobs, raise incomes and improve lives of the people. The repair, upgrade for safety of Da Teh reservoir Subproject, Lam Dong province will contribute to improving the safety of Da Teh dam, as well as protect people and property in the communities in the lake downstream. The project will bring many benefits to the people, resulted from the guaranteed stability of irrigation water, and increase productivity and agricultural output, steady amount of water, reduce disaster risks; stablize production and non-agricultural business through agriculture development, increase income and improve living standards; create more jobs, especially for the group hired as the main occupation or sideline, reduce harvest time and contribute to poverty reduction. These positive effects also benefit disadvantaged groups. Those who have productive land also are directly benefited the most from irrigation. The stable supply of irrigation water will contribute to poverty reduction in the scope of the project. However, the project also has negative impacts such as 1 ha land acquisition. If the mitigation measures are not applied or not applied well, or the compensation is not satisfactory and does not support the livelihoods restoration for farmers whose land are recovered; the social and environmental management plan and public health management plans, communication, gender action plan ... are not taken seriously will make affected persons face with poor or impoverished, defended disabilities, social evils. On the other hand, the increase in agricultural production as a stable crop acreage and aquaculture will have the risk of water pollution due to increased demand for fertilizers, pesticides, and food industries. 8.2. Recommendations. Repair and Upgrading for safety of DA TEH reservoir Subproject, Lam Dong province have main objectives as follows: (i) To ensure safety during reservoir exploitation to adapt to climate change and meet the growing demand of downstream areas, limit negative Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 44 Social Impact Assessment Report (SIA) impacts on the environment and landscape in the lake and downstream; (ii) Ensure the original design goals to supply water stably for 2,300 hectares of paddy fields and vegetables throughout the year in the current irrigated area of My Duc, Quang Tri communes of Da Teh district, Lam Dong province. In addition to the stable water supply for production and environment improvement, the project has great potential effects on the development of agricultural production, non-agricultural development, increasing income and the life of the community. The project promotes the efficient use of resources of the main livelihoods of social groups. However, financial and physical resources of programs or other projects still exist many limitations, failure to meet the development goals and sustainable poverty reduction. As a result, the integration of a wide range of socio-economic development projects and programs in the locality is encouraged in order to integrate the resources for the implementation of this goal. For community in project areas, the livelihood resources of social groups remain weak and inadequate such as financial capital, land cultivation, irrigation, manufacturing facilities, human capacity ... Therefore, the integration of programs and projects in the province will increase the effective use of the livelihood resources of social groups in the community, especially the vulnerable groups. For example, to deal with the uncertain food production, the development of irrigation systems is necessary but not enough, therefore, the combination with the agricultural extension, disease prevention, application of engineering techniques, new technologies, post-harvest technology, agricultural insurance, credit, processing and consumption will work. This solution ensures the sustainability of agricultural production. The human resources of the project areas are still weak compared to other types of livelihood resources, and thus have immediate and long-term impacts to the sustainable poverty reduction. The improvement of human resources is difficult and long-term task. The human resources play an important role in improving human resources. Therefore, the project should have a program for community capacity enhancement, focusing on training activities associated with the main livelihood activities of social groups and communities in each area. For the Project, the construction should be carried out simultaneously and put into use immediately, and avoid separate implementation which can decrease the effectiveness of the Project. On the other hand, attention should be paid to minimize the adverse impacts on economic activities, daily activities, transportation, and the environment during the construction. The management and monitoring of stakeholders should be strengthened, including residents in the project implementation process, especially the monitoring of the implementation of compensation, support, resettlement and livelihood rehabilitation of APs to ensure that all citizens get benefits from the Project. Therefore, it is necessary to prepare a Resettlement Policy Framework, and a RAP, for the each sub-project. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 45 Social Impact Assessment Report (SIA) PART IX: APPENDICES APPENDIX1: PUBLIC HEALTH MANAGEMENT PLAN 1. Purposes - Better control adverse impacts and risks to public health in the subproject construction period. - Proactively prevent diseases that arise in the subproject construction period while respond effectively with diseases. - Enhance communication, education and health for the people, local authorities about the potential risk of diseases in the subproject construction period. 2. Contents of the Public Health Management Plan 2.1. Control of the subproject construction locations To protect human health and the environment, the construction area will be strictly controlled in order to reduce the traveling of people. Before the commencement of construction activities, the contractors shall take measures to maintain the security and control the entry in that location. The contractors will localize the construction areas; put flags on trees, shrubs and fix landmarks within the construction area to avoid any impacts, and the boundary to restrict the entry. The hazards in the construction areas include earth dams and embankments, and machinery, therefore, only the construction workers will be allowed to enter. This information will be announced at the meeting and regularly repeated on the communal loudspeaker system. 2.2. Prevention of construction waste dump The construction waste should be collected and transported to the landfill as regulated prior to the construction. Waste transporting vehicles must be shielded to avoid spillage affecting the environment and the activities of local people and leading to health problems. 2.3. Outbreak and spread of diseases - Kinds of diseases, especially infectious diseases are regularly found on the project site; - The risk of spread of infectious disease or affecting community health from immigrant workers, and vice versa. 2.4. Prevention of personal injuries - Workers directly involved in the construction must be equipped with protective clothing, masks, gloves, hard hats, cotton earplugs, ... according to current regulations on occupational safety. The dissemination of knowledge on hygiene, occupational safety for all workers should be taken. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 46 Social Impact Assessment Report (SIA) - Control the entry of local workers entering the construction areas as mentioned in section 2.1. 2.5. Responding to emergencies Provide contacts: Contractors and localities should provide address and telephone contact to local people in case of emergency,and provide road map to the nearest medical facility. Problems may occur during the sub-project construction including: car or construction machinery accidents, fire or environmental accidents (oil spill caused by malfunctioning machinery, broken waste tank of workers ...). In case of incidents, related people must immediately contact the address provided above. In case of accident, victims should be provided with first aids before he is taken to medical facility. In case of fire or other environmental incidents, it is necessary to localize the incidents and contact the relevant authorities for proper solutions. In the event of natural disasters, such as earthquakes, floods, or other dangerous weather conditions, the contractors will cease all work activities and evacuate the workers to safety areas. The working areas will be shielded to keep out of chemicals, and machineries and vehicles should be tightened to avoid impacts to the community. 1. Location: The planning and management of public health will be performed in communes in the project and construction areas of DA TEH reservoir sub-project. 2. Implementation period: Before and after the subproject construction period. 3. Methods of management and supervision a. Management and supervision indicators: - Number of labor accidents caused by the subproject construction; - Number of traffic accidents caused by means of transports served for the sub- project construction. - Number of times/ number of workers are ill, especially infectious diseases; - Availability of the medicine boxes in camps; - Number of employees are guided / trained on issues related to community health; - Documentation guiding the first aid/ responding to the epidemic, accident used by contractors and deliver to workers. b. Management methods - Contractors will assign his work commander or a worker to take in charge of occupational safety and health for workers to monitor and support related issues. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 47 Social Impact Assessment Report (SIA) - Contractors shall coordinate with the communal health centers, village health officials to timely update the disease situation in the localities or health problems of workers that may spread out. - Contractors shall coordinate with local authorities, health centers to inform on issues related to the safety of people in the site construction or along construction materials/ waste transport road. - The CPC / medical station should actively inspect the hygiene, safety at construction sites and workers' camps. - The Contractor shall coordinate with CPC/ medical station to agree on a coordination mechanism in case of accidents or disease outbreak. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 48 Social Impact Assessment Report (SIA) 4. Management, monitoring and implementation units i) Lam Dong Irrigation Work Exploitation Center will be responsible for overall monitoring of all project activities, including media planning, public health consultation. The issues related to the public health are also reflected in the Grievance Redress of the Project. ii) Communal authorities: Communal authorities are responsible for all matters arising in the commune in general. Communal authorities will assign the Community Monitoring Committee to monitor the communication activities, the local consultation. iii) Communal Health Centers: the CHC will manage, monitor, provide initial aid, report the public health problems in the commune. Therefore, the issues relating to public health will also be monitored, controlled and supported for these units. iv) Contractors: The commander of the work will act on behalf of the contractors to collaborate with local governments to implement the communication activities, and consultations relating to the community health and workers. 5. Funding for the implementation For contractors: Funding of contractors is included in the civil contract. For health centers: There is no funding for these activities because it is the responsibility of the medical units to manage the public health. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 49 Social Impact Assessment Report (SIA) APPENDIX 2: COMMUNICATION PLAN, HEALTH CONSULTATION WITH COMMUNITY PARTICIPATION. 1. Purposes: - Increase access to information for their own interests to the people in the project areas; - People are informed, and updated the project implementation schedules for them to be proactive in their life and production activities. - Information for development: improving access to information served for the life of the people, contributing to improved quality of life; - Increase the participation of the people. 2. Subjects of communication, consultation - People in the communes, especially in the project areas and villages/ hamlets where vehicles transporting construction materials travel. - Local authorities, officials of villages/ hamlets - Workers and officials of the construction sites - For the community, the participation of both men and women should be encouraged 3. Contents of communication, consultation - Contents, main items of the Sub-project, funding for implementation; - Effects of sub-projects will bring about; - Organize the construction of the Sub-project in localities: information about the Client, the contractors, the implemented monitoring; - Plan, execution schedule of the works; - Impacts that may occur during the construction, impacts on the environment, society and the people of the province in the project areas; - Mechanism participation of citizens, community monitoring mechanisms, mechanisms for dealing with complaints and grievances; - Problems arisen during the implementation of the project: reveal, conflicts arisen, combustible materials, violations, commitment of contractors, Client ... Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 50 Social Impact Assessment Report (SIA) - Inform hiring of local residents in construction activities. 4. Time: Before and after the subproject implementation process. Approximately 1 month before the construction, the contractors will coordinate with local authorities to inform the community construction schedules as well as potential impacts related to public health. 5. Locations: In project communes, priority is given to the sub-project construction areas. 6. Methods of communication, consultation Communication activities, consultations are taken through the following main methods: i) Communication through communal loudspeakers. Currently, My Duc commune has a loudspeaker system in all villages. Most of the other media activities to the community is done through this method. Therefore, loudspeakers will be used to inform the people in the commune related issues during the sub-project construction. ii) Community Meeting/ Public Consultation: This form will be implemented with the participation of workers in the rural communes of the Project; people in Village 1 where the sub-project is constructed and households along the road transporting of construction materials or disposal areas. iii)Communications integrated into activities of mass organizations or authorities: the authorities often hold meetings with communal officials and the mass organizations in the village each month, therefore, the content of communications can integrated into these activities. 7. Implementers: a. Before the project is implemented: The Safeguard Policy Consultant will perform the communications, public consultation on safety policy issues in general. b. During the project implementation: The PMU, the Contractors will collaborate with local authorities and social organizations, village, hamlets under construction and implementation of communication activities according to the aforementioned methods. 8. Implementation monitoring The communication and community consultation plan relates to the participation and monitoring of the following units: i) Lam Dong Provincial Project Management Unit: The PPMU will be responsible for overall monitoring of all project activities, including communication, participatory consultation plan. The issues related to directly people about environmental, compensation for affected properties are also reflected in the Grievance Redress of the Project. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 51 Social Impact Assessment Report (SIA) ii) Communal authorities: Communal authorities are responsible for all matters arising in the commune in general. Communal authorities will assign the Community Monitoring Committee to monitor the communication activities, the local consultation. iii) Contractors: The commander of the work will act on behalf of the contractors to collaborate with local governments to implement communication activities with the participation of community and workers. 9. Implementation fund The fund will be carried out mainly in the construction and construction preparation periods. Funding is shown the in following table: Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 52 Social Impact Assessment Report (SIA) Table cost estimate for the information disclosure Estimate time 80 week Cost Activities Frequency Quantity Unit price Budget fund estimate Once a To be included in Report construction week 1 time x 80 30.000 2.400.000 the contract activities via the during weeks = 80 VNÄ?/1 VNÄ? between Client loudspeaker construction times news and stakeholders period Organize large- scale consultation Every three To be included in with representatives months 6 times 500.000 3.000.000 the contract of the commune, during within 18 VNÄ?/1 VNÄ? between Client district and construction months meeting and stakeholders households related period in the construction Every two Post the message on 40 times To be included in weeks 50.000 boards to disclose during 2.000.000 the contract during VNÄ?/1 information to the construction VNÄ? between Client construction news CPC and the People period and stakeholders period 7.400.000 Total VNÄ? Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 53 Social Impact Assessment Report (SIA) APPENDIX 3: GENDER ACTION PLAN From the above analyses of gender, a gender action plan is needed to facilitate the full participation of women in the project construction stage, providing new opportunities for women to boost their income, without increased burden on their lives, and contributing to the enhancement of women’s role and status in the project area. The objectives of this plan include: - The local contractors will employ at least 30% of female workers in maintenance, construction and repair works; - For a similar type of work, female workers should be paid as much as male workers; - Safety conditions must be equal to both men and women; - The local contractors will not use child labor; - The use of local labors is encouraged and the establishment of labor camps will be avoided; - The Women’s Group and Union will be consulted about the design of subprojects; - Training on gender mainstreaming will be provided for national, provincial and local authorities (i.e. PMUs, and other stakeholders); - Training and capacity building is provided for women to engage in public decision-making and sub-projects in a way that makes the most sense (i.e. training in participation, negotiation skills, marketing skills, mathematics and literacy); - The involvement of women in project study tours is ensured. - The agricultural extension services aimed at women are designed and delivered to women; - The awareness enhancement campaign on HIV/AIDS will be launched before the start of civil works. PMU is responsible for monitoring including the participation of women, target works and trainings, and HIV prevention campaigns; - At least one woman shall be involved in the Supervision Board of a commune (about 1/3 of the members). Table the Project’s Gender Action Plan Achievements Tasks and Indicators People in charge Period Achievement 1: The contractors shall prioritize PMU/Project During Improvement of unskilled labor (through Coordinator shall construction Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 54 Social Impact Assessment Report (SIA) Achievements Tasks and Indicators People in charge Period dam safety and subcontracting); at least 30% of ensure the record of stage irrigating the total labor force is local these terms in the conditions. unskilled ones; Contract; the list of Among this 30% local labor, registered labor shall female workers shall be be submitted by prioritized; Male and female labor communal officials will receive the same wages for the Contractor; the same type of work; Communal officials The Contractors shall not employ shall ensure the children; achievement of the Those locals wish to work for the targeted objectives. project shall register at their The communal villages/hamlets. Then, these women group shall registrations shall be provided by ensure the the Head of the villages and involvement of local communes to the Contractors for female workers in the selection in favor of poor and Project. vulnerable households. Achievement 2: At least 30% of women shall Staff of Provincial During Enhancement of participate in agricultural PMU, construction people’s extension courses. District staff, stage capacity to Communal staff. make advantages of the Project Programs on HIV/AIDS and The Provincial and Monthly, human trafficking. Communal Women's before and Programs on community-based Union shall organize during risk mitigation. and host the program construction Information about risk mitigation (training and stage will be transferred to the preparation of communes and villages affected materials) in Achievement 3: by the Project using the collaboration with the Enhancement of participatory approach with a district/communal awareness on focus on the poor and vulnerable health center. potential social households (e.g. ethnic groups, The Village’s evils of households headed by women, Women’s Union shall vulnerable households with elderly and popularize and objects, disabled people). communicate especially The documents and information information. women and should be appropriate in terms of The district/communal ethnic language, culture and gender, and Health Centres shall minorities especially translated into ethnic support the communal languages in the region; Women’s Union. Women's Union, the Project coordinator representative of Centre for shall provide local and HIV/AIDS prevention and international gender communal staff shall give training experts and specialists to communicators in each on Ethnic Minorities. commune/village in the project Gender experts and Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 55 Social Impact Assessment Report (SIA) Achievements Tasks and Indicators People in charge Period area. specialists on EM The programs will be shall review existing implemented at the communes materials and and villages by two supplement the communicators (village chief and required ones for the one member of the Women’s Program. Union). The program will be implemented in the villages and on market-days through distribution of project/program materials and use of loudspeakers Program on risk mitigation PMU During during project construction The Contractor construction stage: Local Health Centre stage. PMU and the contractor will Communal staff coordinate closely with the health The Women’s Union services in communes and shall perform general districts to implement programs coordination for better on awareness enhancement and HIV prevention. education on disease prevention, diagnosis and treatment for laborers. All programs and documents are built with integration of gender issues, including vulnerability and needs of men and women. The Contractor shall: Implement awareness enhancement programs workers and communities, including education and communication on HIV infection and preventive measures. Provide free consulting services and encourage employees to do HIV tests so that they all know about their health status. Support the access to health services and encourage HIV- infected patients to admit their status; Provide medical equipment (free condoms) for workers in the camps; Project Guidelines on Gender and Development and Education shall - Project During design and implementation Management be provided for PMU staff, local initial consultant agencies and Contractors. implementat Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 56 Social Impact Assessment Report (SIA) Achievements Tasks and Indicators People in charge Period All capacity enhancement activities shall include the - PPMU ion stages involvement of women and ethnic minorities. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 57 Social Impact Assessment Report (SIA) APPENDIX 4: COMPLAINT SETTLEMENT PROCESS Complaints relating to any matter of the Project will be settled through negotiations aimed at achieving consensus. The complaint will pass through three stages before it can be filed to the court. The Enforcement Body will incur all administrative and legal fees relating to complaint handling. The complaints relating to the Project shall be settled in compliance with Article 138 of the Land Law 2003; Article 28 of the Law on Complaints; Article 63 and 64 of Decree No.84/2007/ND-CP; Clause 2 of Article 40 of Decree No.69/2009 and regulations on complaints in Decree No.75/2012/ND-CP dated 20/11/2012. According to Clause 2 in Article 138 of the Land Law 2003 and 2013: (i) In case of complaints against administrative decisions and administrative actions on land management first settled by the Chairman of the People's Committees of districts, towns and cities under the province, without contentment of the complainant, the complaints can be filed to the People's Court or appealed to the Chairman of the People's Committees of provinces and centrally-run cities. In case of appeal to the Chairman of the People's Committees of provinces and cities under central authority, the decision of the Chairman of the People's Committees of provinces and cities under central authority is the final one. (ii) In case of complaints against administrative decisions and administrative actions on land management first will be settled by the Chairman of the People's Committees of districts, towns and cities under the province, without contentment of the complainant, the complaints can be filed to the People's Court. (iii) The time limit for complaints against administrative decisions and administrative actions on Land Management is thirty (30) days after the date of receipt of the administrative decision or being informed of that administrative decision. Within 45 days from the date of receipt of the first complaint resolution decision, the complainant, if disagree, can make an appeal to the state authority or the People's Court. In terms of complaint settlement, in Law on Complaints, Article 14: Rights and obligations of the person competent to settle first-time complaints: (i) The person competent to settle first-time complaints should: a) Ask the complainant, relevant agencies, organizations and individuals to provide information, documents and evidence within 07 days of the request as a basis for complaint settlement; b) Determine to employ or cancel the emergency measures as defined in Article 35 of this Law; Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 58 Social Impact Assessment Report (SIA) (ii) The person competent to settle first-time complains should perform the following obligations: a) To receive the complaint and issue a notice in writing to the complainant, agencies, organizations, or individuals entiltled to appeal and the state inspection agencies at the same level of acceptance of resolving complaints against administrative decisions and actions; b) To settle the complaints against administrative decisions and actions if required by the complainant; c) To open a dialogue with the complainant and agencies, organizations and individuals concerned; d) To decide complaint settlement and be responsible before the law for settlement results. In case of complaints from authorized agencies, organizations and individuals, the results shall be notified to agencies, organizations and individuals in accordance with law; e) To provide information, documents and evidence relating to the complaint for the complainant when they are required by the complainant for second- time settlement or appeal to the People’s Court. (iii) To compensate for first-time settlement and damages due to administrative decisions and actions in accordance with regulations on the State responsibilities. (iv) The person competent to settle first-time complaints should perform their rights and obligations as stipulated by Law. In terms of announcement of complaint settlement decision: In Article 12 of Decree No.75/2012/ND-CP dated October 3rd, 2012 of the Government detailing the implementation of some articles of the Law on Complaint. (i) Within 15 days from the date of decision of complaint settlement, the person competent to settle the complaint for the second time shall announce the complaint settlement decision by one of the forms specified in Clause 2 in Article 41 of the Law on Complaints. (ii) In case of announcement at a meeting, the attendees of the meeting must include: the person issuing the complaint settlement decision, the complainant or their representatives, the person subject to complaint and agencies, organizations and individuals concerned. Before conducting a public meeting, the person competent to settle complaints must send a notice to agencies, organizations and individuals involved 3 days in advance. (iii) The announcement of complaint settlement decision shall be made on the mass media (television, radio, printed and electronic newspaper). If the agency of the person competent to settle complaints has their own portal or website, the Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 59 Social Impact Assessment Report (SIA) complaint settlement decision should be made public on this portal or website. The minimum number of announcement is 02 times on radio, television, and printed publications. The period of announcement on electronic publications, portals or websites should be at least 15 days from the date of notification. (iv) In case of notice at the office or the Reception Room of agencies and organizations competent to settle complaints, the period for the notice of complaint settlement decision to be posted up is at least 15 days. The procedure for complaint settlement consists of 4 stages as below: (i) The first stage in the Communal People’s Committee: Households affected can file their complaints to any member of the CPC, possibly through the village chief or directly to the CPC in writing. The mission of the CPC officials or village chief is informing the entire CPC the complaint. Then, the CPC will hold a private meeting with the households affected and sign the complaint decision within 10 days. The CPC secretary shall be responsible for compiling and filing documentation of all complaints handled by the CPC. The duration of first-time settlement of complaints shall not exceed 30 days from the date of signing the complaint decision; for complicated cases, this period could be extended but not exceed 45 days from the date of receipt of the complaint. In remote regions difficult for travelling, the time limit for complaint settlement is no more than 45 days from the date of acceptance; for complicated cases, this period could be extended but not exceed 60 days from the date of acceptance (according to Article 28, Law No.02/2011/QH13 dated 11/11/2011). If the complaint is not resolved for the first time or the complainant is not content with the settlement results from the date of receipt of the first-time settlement decision, they have the right to file the complaint for second time to the People's Court or the District People’s Committee. (ii) The second stage in the District People’s Committee: According to Article 63 of the Decree No.84/2007/ND-CP of the Government, the procedure for complaint settlement against administrative decisions and actions of the Chairman of the District People's Committee is: (i) Within ninety (90) days from the date of issuance of administrative decisions and actions by the Chairman of DPC regarding land management stipulated in Article 162 of Decree No.181/2004/ND-CP that people of relevant rights and obligations disagree with, complaints can be filed to the DPC; (ii) the Chairman of the DPC shall settle the complaint within the period of 30 days from the date of signing complaint decision. In remote areas difficult for travelling, the duration for settlement is no more than 45 days from the date of acceptance; for complicated cases, this period shall be expended but not exceed 60 days from the date of acceptance; (iii) The settlement decision of the Chairman of the DPC shall be publicly available and sent to the complainant and other people of relevant rights and obligations; (iv)Within forty-five (45) days from the date Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 60 Social Impact Assessment Report (SIA) of receipt of the settlement decision of the Chairman of the DPC that the complainant does not agree with, the appeal can be filed to the People's Court or the provincial People's Committee. The time limit for appeal may be longer, but not more than 60 days from the date of receipt of the decision for complex cases. In remote areas difficult for travelling, this period is no more than 60 days from the date of acceptance, and no more than 70 days for complicated cases (according to Article 37, Law on Complaints No.2/2011/QH13 dated 11/11/2011); (v) The body accepting the complaint shall record this in the Complaint Settlement Logbook. (iii) The third stage in the Provincial People’s Committee: The procedure for complaint settlement against administrative decisions and actions of the Chairman of the Provincial People's Committee is (i) Within thirty (30) days (or 45 days for complicated cases) or within 45 days for remote areas (or 60 days for the complicated cases) from the date of issuance of administrative decisions and actions by the Chairman of the PPC regarding land management stipulated in Article 162 of Decree No.181/2004/ND-CP that people of relevant rights and obligations disagree with, the complaint can be filed to the PPC; (ii) The Chairman of the PPC shall settle the complaint within the time limit stipulated in Law on Complaints; (iii) The complaint settlement decision of the PPC shall be publically available and sent to the complainant and other people of relevant rights and obligations; (iv) Within forty-five (45) days from the date of receipt of the settlement decision from the Chairman of the PPC that the complainant does not agree with, the appeal may be filed to the People's Court. The time limit for appeal may be longer but not more than 60 days from the date of acceptance for complicated cases. In remote areas difficult for travelling, this period shall not exceed 60 days from the date of acceptance, and 70 days for complicated cases; (v) The body accepting the complaint shall record this in the Complaint Settlement Diary. (iv) The final phase, the arbitration by the Court: Within forty-five (45) days from the date of receipt of the settlement decision by the Chairman of the PPC that the complainant is not satisfied with, an appeal shall be filed to the People's Court (according to Article 64 of Decree No.84.2007/ND-CP). During the processing time, the land acquisition decision is still implemented. If the state authority handling the complaint concludes that the land acquisition is unlawful, the state agency issuing land acquisition decision shall cancel their decision and make compensation for damages (if any) caused by land acquisition decision. If the land acquisition is considered as lawful, the person being acquired land shall abide by the decision. Within 30 days from the trial date, the Council on Resettlement and Compensation shall pay the affected households the amount specified by the Court. If the land acquisition is Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 61 Social Impact Assessment Report (SIA) concluded as legal by the Court, the person with acquired land shall comply with the decision (according to Article 54 of Decree No.84/2007/ND-CP). Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 62 Social Impact Assessment Report (SIA) APPENDIX 6: INFORMATION ANNOUNCEMENT AND SOCIAL AND MONITORING ACCOUNTABILITY 1. Consultation and announcement The main objectives of information announcement and public consultation are to ensure the participation of affected communities, households, local governments and organizations concerned in sharing the Project information, consulting the selection of technical plans, planning impacts on land, income and assets on land... The announcement is an important contribution in accerlerating the Project progress during implementation and preparation, as well as when the project is put into operation with the consensus of the community, government, and PMU. This will minimize the possibility of conflicts and other risks and increase the investment efficiency and social significance of the Project. The public consultation and announcement should ensure: - The local authorities as well as the representatives of the people affected shall be involved in the project planning and decision making process. The PMU shall work closely with the commune/district during the implementation of the Project. The involvement of the people affected in the implementation process shall be remained by asking the commune/district to invite the representatives of the affected people to be a part of the Council on Compensation and Resettlement as well as in resettlement activities. - All information about the items and activities planned for the Project should be shared to the people affected. - The demands and priorities of the affected people, as well as their responses to the proposed policies and activities, should be collected. - The affected people should be fully informed of the decisions influencing directly their income and lives, and can be involved in activities and making decisions on issues directly affecting them. - The transparency in all activities relating to land acquisition, compensation, resettlement and rehabilitation should be ensured. For the World Bank, those people affected by the project should be fully informed and consulted on resettlement and compensation plans. Consultation is the starting point for all activities related to resettlement. The people affected by resettlement may be afraid that their livelihoods and community relations can be affected, or their rights can not be guaranteed. Being involved in resettlement planning and management helps to alleviate these fears and bring the affected people the opportunity to participate in decisions that affect their lives. The implementation of resettlement without consultation may lead to an inappropriate strategy and ultimate ineffectiveness. Without consultation, the affected Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 63 Social Impact Assessment Report (SIA) people may have negative reactions to the project, causing social problems, significant delay or even cancellation in completion of goals, thereby increasing the costs. As a result, with consultation, the initial resistance can be translated into the constructive participation. For Vietnam, a further key step in strengthening democracy at grass-roots level is the Directive No.30-CT/TW of the Central Committee of the Communist Party of Vietnam in "Building and implementing regulations on grassroots democracy" and the Decree No.79/2003/ND-CP also on this issue. The key point of this legislation is the famous slogan, which is "People know, people discuss, people do and people inspect." The Ordinance No.34/2007/PL-UBTVQH11 has addressed the matters that should be consulted by local governments and communities before decision-making by the authorities, including building compensation and resettlement plans relating to the project and works in the commune/ward. The Clause 2 in Article 39 of the Law on Land 2003 requires the announcement of resettlement issues such as reasons, land acquisition plans, relocation plans, overall compensation plans, and land clearance to the people affected. Thus, consultation and participation is an innovation in the implementation of projects in Vietnam. This policy will address the shortcomings in the implementation of the projects, as both the locals and the person in charge of project implementation are inexperienced in this field. The following points should be noted to encourage the participation of stakeholders in the consultation process of the project: - Identify and attract all stakeholders, especially people living in the project area and those affected (men, women, the poor, ethnic minorities...), in the process of consultation and participation; - Develop participatory strategies for Project planning, implementation, monitoring and evaluation. - Develop the topics and content needed for promotion and popularization campaigns, as well as negotiation procedures for the affected people on their benefits. - Attract stakeholders in decision making at all stages of the project (e.g. design plans, compensation methods, implementation schedule, etc...). - Establish a schedule for completion of activities such as campaigns to provide information, the extents and forms of compensation, benefits, location and relocation plan. - Develop procedures for complaint settlement. The public consultation should be regularly carried out for the units in charge of preparation and detailed design of the project categories. This helps to ensure the Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 64 Social Impact Assessment Report (SIA) participation of communities in the proposed designs and limit the adverse impacts on the community. This also helps works to be friendlier with the community and users. The consultation should also be performed with related parties, including the units to be in charge of management and operation of works to ensure that they are consulted and commented on the designs. During the construction stage, the Project owner should announce promotion in mass media regarding construction activities and expected schedule, measures to support the people affected and the procedure for receipt of feedbacks from the community. The affected persons shall be informed of the Project policies and procedures to ensure no many changes in their future lives. In case of any questions about the Project, they can inform and obtain the support from the PMU. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 65 Social Impact Assessment Report (SIA) The content and method of public consultation/announcement is as follows: Method of public Person in Items Period consultation/announcement charge Meeting with the government of 1. Detailed design the the ward/commune and relevant Survey and drawings: Alignment Consultant, units; the representatives of the design stages alternatives PMU affected households. The ward/communal staff, together with PMU staff, shall consult with APs for initial assessments. the Land acquisition and 2. Land acquisition, Prior- Communal compensation plans shall be clearance and implementation People’s developed and discussed with compensation. stage Committee, APs before submission to PMU authorities for decision. Policy announcement and explanation shall be made in meetings with APs. The 3. Project commencement the implementation stage and Communal Meetings in residential blocks, progress, monitoring during People’s posters and notices in public implementation mechanism and Committee, accountability stage PMU The construction Meeting between the Prior- contractor, 4. Employment and Construction unit, local construction local wages of local labor. authorities/supervision board stage authority and and the local the community PMU, construction 5. Potential adverse Prior and during contractor, Combined with Item 2 and 3 impacts and implementation the above mitigation measures stage. communal people’s committee 2 Social accountability The announcement of the proposed plans of the Project to the affected people and stakeholders during community consultation and field survey by the social assessment consultants is to make a paradigm for continuing public information during the project implementation. Moreover, as required at all public meetings, the affected always wish for meetings to regularly exchange information with PMU at the headquarters of CPC where Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 66 Social Impact Assessment Report (SIA) the community will suffer from impacts during project implementation. Therefore, reports on resettlement plans and environmental management plans should reflect the responsibility of PMU in ensuring the regular announcement of information to the public. In addition to regular meetings between the PMU and the affected communities in CPC offices, the public meetings in all communes where public consultation has been conducted have identified the need to establish the tight connection for easy and quick contact with the PMU. The best way is to provide the phone number and address of the PMU in charge in all locations of the Project’s items and the headquarters of all the communes of the entire Project’s components. 3. Participatory supervision In order for the project components to ensure its efficiency and necessity, it is necessary to have a monitoring plan with the participation of stakeholders such as the Department of Natural Resources and Environment, Department of Construction, Department of Planning and Investment, Department of Transport ... After completion, the direct management and operation agency/ unit of the project items should be involved in the design and construction process. Together with the independent monitoring unit of the project, there should have a community-level supervision division to monitor project activities, especially activities related to resettlement, sanitation and the construction of various items. The supervision division will include representatives of local authorities, representatives of organizations such as the Women's Union, Fatherland Front, Veterans, Association, representatives of local people... The supervision division in collaboration with independent monitoring unit of the Project will monitor the project activities based on indicators of social safety. Indicators of rehabilitation, production, environmental sanitation, traffic will be built to serve the monitoring plan of the Project. The grasping reality will help community supervision division report information related to the project progress, problems arise during the project implementation to the PMU for promptly actions. The responsibility of this division is to collect feedback from the people and competent authorities as well as from the PMU. At the same time, people are also involved in the supervision, safety guarantee and sanitation in the construction phase. The Community supervision division should be involved in the training plan on strengthening monitoring and evaluation of project activities, training on monitoring activity skills as a part of the participatory monitoring plan of the Project. It is noted that the Resolution 80/CP on community supervision for construction works in localities should be applied. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 67 Social Impact Assessment Report (SIA) APPENDIX 7: RESULTS OF QUANLITATIVE SURVEY AND CONSULTATION Extensive consultation, prior consultation and consultation with adequate information about the project was made on February 24, 2015 Objectives of the consultation: Contents of the consultation: (optional) Information on the project/ sub-projects (general information about the project, scope of the project, project components, positive and negative impacts and mitigation measures, project implementation plan); (ii) The existing livelihoods of the people; (iii) Construction of new rural, rural infrastructure (transport and irrigation, education, health and water supply, rural environment), outcomes and barriers; (iv) Use of fertilizers and pesticides; (v) The awareness of people about the project; (vi) resettlement policy, grievance mechanisms of project and expectations of affected people regarding compensation and resettlement. Consultation program: Step 1: Social experts informs about the project and subproject to participants for their information; Step 2: Experts discuss with the participants according to the above contents. Principal problems/ comments in the consultation include: ï‚· Information on the project. ï‚· Existing issues of the locality regarding the production in agriculture, construction of new countryside: health, rural infrastructure, public services such as hospitals, schools, economic conditions, the problem arising, ...; ï‚· The need for solving land acquisition problems of households/ villages in the project area; for example, satisfactory compensation for land and houses to affected households for them to be able to buy replacement land and build new house; ï‚· The need for social support, job training, improvement of production conditions, living and income of women, minorities, training needs and job creation; ï‚· Active participation of the community in the preparation and implementation of the project; ï‚· The availability of the community in the project; and ï‚· The support for the project. Sub-Project: Rehabilitating And Improving Safety Of Da Teh Reservoir, Da Teh District, Lam Dong Province 68