SFG1541 HA NAM PROVINCE PEOPLE’S COMMITTEE PHU LY CITY PEOPLE’S COMMITTEE ---------------------------- RESETTLEMENT PLAN FOR ADDITIONAL INVESTMENTS MEDIUM CITIES DEVELOPMENT PROJECT PHU LY CITY SUBPROJECT, HA NAM PROVINCE Phu ly, 2015 RESETTLEMENT PLAN CONTENT LIST OF ABBREVIATIONS 1 DEFINITION OF TERMS 2 SUMMARY 1 1. PROJECT DESCRIPTION 4 1.1. Project background 4 1.2. Project’s objectives and components 4 1.3. Scope of Resettlement plan 6 2. POTENTIAL IMPACTS 6 2.1. Mitigation measures for land acquisition and resettlement 6 2.2. Additional components of Project and Resettlement 6 2.3. Linked projects 10 2.3. Scope of land acquisition and resettlement 10 3. OBJECTIVES AND PRINCIPLES OF RESETTLEMENT POLICY FRAMEWORK 13 4. SOCIAL-ECONOMIC STUDIES 13 4.1. Approach 13 4.2. Approach methods 13 4.3. Result 14 5. LEGAL FRAMEWORK 18 5.1. Legal framework of Government of Vietnam 18 5.2. World Bank Policy on Voluntary and Involuntary Resettlment (OP 4.12) 19 5.3. Comparion between GoV and WB appraches 20 6. PRINCIPLES AND POLICIES FOR RESETTLEMENT, COMPENSATION AND REHABILITATION 25 6.1. General principles 25 6.2. Compensation policies 26 7. ELIGIBILITY CRITERIAL AND ENTITLEMENTS 32 7.1. Project affected people 32 7.2. Eligibility 32 7.3. Entitlements 33 8. PUBLIC CONSULTATION AND PARTICIPATION 33 9.1. Objectives of public consultation and participation 33 9.2. Community Consultation During Project’s Preparation stage 34 9.3. Consultation During Project’s Implementation stage 36 9. INCOME RESTORATION PROGRAM 37 9.1. Income restoration policy 37 9.2. Income restoration measures 37 10. RESETTLEMENT ARRANGEMENT 42 10.1. Demand on resettlement 42 10.2. Resettlement site 42 10.3. Moving plans/ Resettlement 45 11. GRIEVANCE AND REDRESS MECHaNISMS 46 12. IMPLEMENTATION ARRANGEMENT 47 12.1. Province PCs 48 12.2. City PCs 48 12.3. Project Management Unit (PMU) 49 12.4. Ward/commune PCs 50 12.5. Project Displaced Person (DPs) 50 13. IMPLEMENTATION SCHEDULE 51 v|Page RESETTLEMENT PLAN 14. ESTIMATED COSTS AND BUDGET 52 14.1. Replacement cost survey 52 14.2. Cost estimation 55 14.3. Budget 56 15. MONITORING AND EVALUATION 56 15.1 Monitoring 56 15.2 Internal Monitoring 57 15.3 Independent Monitoring 58 15.4 Methodology for Independeny Monitoring 59 APPENDIX APPENDIX 1 – ENTITLEMENT MATRIX APPENDIX 2 – MINUTE OF CONSULTATION APPENDIX 3 – LIST OF AFFECTED HOUSEHOLDS APPENDIX 4 – PICTURES TABLE Table 1. Summary of investment components proposed by Project .............................................................4 Table 2. Preliminary statistic on impacts of land acquistion and resettlement for each additional investment of Project .................................................................................................................................. 12 Table 3. overview of affected volume by Project’s additional investments ................................................ 14 Table 5. Occupation of household head ..................................................................................................... 16 Table 5. The number of affected households are belonged vulnerable group according to each investment .................................................................................................................................................. 17 Table 6. Possession of assets ................................................................................................................... 17 Table 7. Comparison of GOV’s and WB’s policies related to compensation, support and resettlement ... 21 Table 8. Summary information of the public consultation and information dissemination ......................... 34 Table 9. Vietnam Bank for Social Policy .................................................................................................... 40 Table 10. Demand on resettlement ........................................................................................................... 42 Table 11. Implementation plan for activities of land acquistion and land compensation ........................... 51 Table 12. Total estimated cost for RAP implementation ............................................................................ 55 vi | P a g e RESETTLEMENT PLAN LIST OF ABBREVIATIONS GOV : Government of Vietnam WB : World Bank PMU : Project Management Unit DPs : Displaced Person (s) FS : Feasibility Study ODA : Official Development Assistance PC, UBND : People Committee RP : Resettlement Plan RPF : Resettlement Policy Framework SES : Social-economic survey IOL : Inventory of Losses DMS : Detailed Measurement Survey MOLISA Ministry of Labour, Invalids and Social Affairs LUR : Land Use Right VNĐ : Vietnam Dong USD : US Dollar 1|Trang RESETTLEMENT PLAN DEFINITION OF TERMS Project impact Any consequence immediately related to the taking of a parcel of land or to restrictions in the use of legally designated parks or protected areas. People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood. In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access Displaced person (s) Individuals, organizations or businesses that are directly affected socially and economically by WB-funded projects caused by the involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location (those with livelihood impacted permanently or temporarily). In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also Cut-off date Is the date when the PPC issues the Notification of Land acquisition for the relevant project (Article 67.1 of Land Law 2013) before implementation of detailed measurement survey. Affected persons and local communities will be informed of the cut-off date for each project’s component, and that anyone moving into the project component areas after that date will not be entitled to compensation and assistance under the Project. Eligibility The criterias to receive benefits of compensation or support are according to Resettlement Program of Project . Replacement cost The term used to determine the amount sufficient to replace lost assets and cover transaction costs. For loses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and supplies; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. . Resettlement In accordance with the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), it covers the involuntary taking of land that results in (i) relocation or loss of shelter, (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must 2|Trang RESETTLEMENT PLAN move to another location Entitlements : Include compensation and assistance for DPs based on the type and extent of damage Inventory of Losses : Is process of accounting for physical assets and income (IOL) affected by project Vulnerable groups Groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) women headed household (single, widow, disabled husband) with dependents, (ii) disableds (loss of working ability), the elderly alone, (iii) poor people according to the criteria issued by the MOLISA, (iv) the landless, and (v) ethnic minority people. livehood : A set of economic activities, involving self-employment, and or wage employment by using one’s endowments (both human and material) to generate adequate resources for meeting the requirements of the self and household on a sustainable basis with dignity. Income (livehood) : A set of acitivities to be provided to the affected people who lost restoration income sources or means of livelihoods to restore their income and living standard, as equal or better than pre-project level. Severely Displaced Means DPs who will (i) lose 20% (10% for vulnerable Person households) or more of their total productive land and assets and/or more of their total income sources due to the Project, (ii) have to relocate. Stakeholders Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. 3|Trang RESETTLEMENT PLAN SUMMARY Project Introduction 1. Phu Ly city is implementing the Medium Cities Development Project – Phu Ly subproject, funded by World Bank in treatment of development credit. The project is being implemented in 5 years with 04 main components: - Component 1: Basic Infrastructure Upgrading and Services Improvement; - Component 2: Environmental Sanitation Improvements; - Component 3: Urban Roads and Bridges; - Component 4: Technical Assistance and Capacity Building. 2. In project implementation process, some items have not carried out in this period such as embanment of Lam Ha 1 lake (belongs Component 2). The funding source using for this lake will be transferred to additional items including: Improvement and upgrading of Luong Khanh Thien secondary school (PL1-03 package); (ii) Embankment of North riverside of Chau Giang river from discharging gate of II Trang Lac pumping station to Chau Giang bridge (added PL2- 01 package); (iii) Construction of North road from medical unit of Bach Mai hospital to D4-N7 road (added PL3-01 package); (iv) Construction of DT491 detour (added PL03-02 package). 3. Resettlement plan is prepared for additional investments of project, guiding relevant actitivities for compensation and land acquisition during implementation process of Project’s additional items. Land acquisition scope 4. There are only (03) in (04) additional items will be acquired land and resettled to people in Project area for construction of road and embankment. It is an importance causing the big influence to project implementation progress as well as the success of project. In feasibility study of project, both the close coordination of PMU and the consultation with local authorities at all level, Technical Consultant implemented in an effort to select, define working location. The aim of those is to avoid and mitigate scope of land acquisition is the lowest. 5. According to initial survey information in October, 2015, the estimation of total permanent land acquisition area for the implementation of additional items is about 44,729 m 2, in which: Residential land 2,551 m2; Agricultural land 3,962 m2 and 38,216 m2 remains is managed by Ward/City PCs. The number of households affected by land acquistion of Projcect is 109 households, in which 12 severely affected household by land acquisition over 20% of agricultural land and 15 households must relocate. Specific: - Item ii - Embankment of North riverside of Chau Giang river from discharging gate of II Trang Lac pumping station to Chau Giang Bridge. The investment site is in Lam Ha ward. Total land acquisition area of this item is 3,962m2 of agricultural land. There are 17 affected households, of which there are 12 affected households losing ≥20% of their agricultural landholding. - Item iii - Construction of North road from medical unit of Bach Mai hospital to D4-N7 road. The investment site is in Lam Ha ward. Total land acquisition area of this item is 9,493m2 of which 409m2 of residential land; and 9.084m2 of the other land managed by ward PC. There are 30 households, of which there about 3 households to be relocated to resettlement areas. 1|Trang RESETTLEMENT PLAN - Item iv - Construction of DT491 detour. The investment site is in Liem Chinh ward. Total land acquisition area of this item is 29,952m2 of which 2,142m2 of residential land; and 27,810m2 of the other land managed by ward PC. There are 62 households, of which there about 12 households to be relocated to resettlement areas. 6. Construction works will not temporary land acquisition because they will gather raw materials, machinery, camps… in the area permanent land acquisition. Legal framework and compensation policy 7. Compensation policy in Phu Ly sub-project will comply with World Bank involuntary resettlement policy OP/BP 4.12 and laws, regulations of Vietnamese government and the Resettlement Policy Framework (RPF). 8. The basic principle applying for Resettlement Plan is that displaced persons (DPs) are supported sufficiently to have better living standard, incomes and productivity or at least equivalent ones in comparison with prior to project implementation . All project affected people living at project sites before cutoff date are compensated or supported. Lack of legal basic on land owning will not interfere the affected households accessing the compensation and/or support of economic recovery. Lost properties will be compensated based on replacement cost. Institutional arrangement 9. Compensation, support and resettlement are implemented directly by Land –budget Development Center; compensation, support and resettlement Committee. These units work closely with related agencies, commune authorities and communities in the project site to ensure timely compensation and land acquisition, in accordance with the approved RP. Consultation and participation 10. RP of the project was issued in close cooperation will local authorities, community representatives and affected people. Commune authorities and representatives of affected households were consulted through different means and information channels including community meetings and consultations, questionnaire for all affected households. The information collected during consultation is important to make resettlement policy including plans of compensation, support and incomes restoration. A consultation strategy has been developed in RP for project implementation. Grievance and grievance redress mechanism 11. The project has established a Grievance Redress Panel as an independent body that will support resolving and monitoring the processes concerning grievances, complaints and queries as a result of the project intervention. The system established by the project is thought to allow aggrieved affected persons (APs) to lodge their complaints and receive resolutions, according to the project’s resettlement policy framework (RPF) and the project’s operational manual. Three different steps have been shown with role for Grievance panel, Provincial People’s Committee, District courts. A resettlement contact person at the PMU works directly with DPs as an informal first step prior to the grievance panel. The aggrieved APs will be exempted from any administrative and legal fees that might be incurred in the resolution of grievances and complaints. The information on Grievance redress mechanism will be fully informed to the DPs by appropriate measures. Monitoring and evaluation 2|Trang RESETTLEMENT PLAN 12. The implementation of detail resettlement plan will be monitored and evaluated internally. In addition, an independent consultation unit employed by Project Management Unit will evaluate and monitor the implementation of RP. Monitoring aims at timely solving implementation issues and difficulties. Implementation plan 13. The resettlement plan implementation will be carried out in coordination with construction or infrastructure works of the project. Site clearance is required to complete before the contractor receiving the site for construction. It is expected that this work will be completed in the first quarter, 2016. Cost estimation 14. The total site clearance and resettlement cost is estimated at around VND 23,715,914,079 which is equivalent to USD 1,064,449 (exchange rate: VND 22,280 = USD 1). This cost includes compensation, land and construction support, programs for income restoration, transfer support, monitor and evaluation, administration management, and contigentcy 10% of total. Compensation cost for other land being under administration by the local authority (land-to exempt money from using land) is part of the project investment cost. 15. Site clearance and resettlement cost of the project will be updated in accordance with the detailed design and based on the time point of land acquisition. Budget 16. Budget for compensation, resettlement and assistances for the subprojects will be funded by the project counterpart budget. Training cost for RP implementation and independent monitoring will come from IDA funds. Independent land appraiser will be taken from counterpart fund of the project. 3|Trang RESETTLEMENT PLAN 1. PROJECT DESCRIPTION 1.1. Project background 17. In recent years, Phu Ly city has been developing continuously in its economy, politics, society and culture. The technical and social infrastructure has also been improving progressively. Nevertheless, the city is still struggling to keep up with rising demand for basic urban infrastructure including traffic system, drainage and environmental sanitation systems, water supply systems, etc. To address these issues as well as to support its role and functions in the socio-economic development of the provincial and the wider northern region of the country, the city has prepared a master plan towards 2020 which has been approved by Ha Nam Provincial People’s Committee. Ha Nam PCs has requested requested World Bank (WB) support for essential infrastructure under the proposed Medium Cities Development Project (MCDP, or “the Project”). 18. The Project will finance multi-sector infrastructure investments in Phu Ly responding to infrastructure deficits and urban services demands as expressed through the city’s master plan. Specifically, the project will support infrastructure rehabilitation and improvement in the old part of the city, and new infrastructure in the new urban area into which the city will expand. The investments include surfacing existing roads and lanes in selected urban areas; extending water supply and drainage networks and linking the latter to a new wastewater plant, also to be constructed under the project; and expanding and improving several small lakes that will become part of the city’s green space while also serving an important flood mitigation and retention purpose. In the new urban area, the project will finance construction of a core access road, with a bridge across the Chau Giang River that will provide a strong connection between the northern and southern parts of the city. The road will incorporate water supply and drainage/wastewater pipe networks within its corridor, the latter connecting to the project- financed wastewater plant that is to be constructed in the northwest of the expanded city area. The project will also support the city with implementing the project, with developing a more comprehensive and appropriate approach to urban planning, and with developing the capacity to manage its expanding infrastructure assets. 1.2. Project’s objectives and investments 19. Project’s objectives are to strengthen, appoarch and improve the infrastructure of Phu Ly city substantially and efficiently 20. Sub-project of Phu Ly city includes 4 investment components presented in table 1 below: Table 1. Summary of investment components proposed by Project No Investment Stage Description 1 Component 1 Upgrade basic infrastructure and improving services 1.1 Quang Trung 2 Range includes (i) constructing one road with 0.9 km commune length, (ii) installing a rainwater drainage system with 0.9 infrastructure km length, (iii) install a water supply system connecting with an existing main water supply network, total of length is about 5km 1.2 Infrastructure of 2 Range includes (i) upgrading the existing local road with Hoa Lac resident 2.1km length and unchanged width; (ii) installing a group, Lam Ha wastewater – rainwater drainage system with 2.7km of total length; (iii) installing the water supply system to connect a 4|Trang RESETTLEMENT PLAN No Investment Stage Description commune existing main water supply network with 4.25km of total length 1.3 Infrastructure of 2 Range includes (i) Upgrading the existing local road with Me Noi resident 0.8km length and unchanged width; (ii) installing a group, Liem wastewater – rainwater drainage system with 0.8km of total Chinh commune length; (iii) installing the water supply system to connect an existing main water supply network with 6.12km of total length 1.4 Constructing 1 Construct (i) a primary school for 425 students; (ii) and school at Quang kindergartens for 350 students Trung ward 2 Component 2 Improve environmental sanitation 2.1 Quang Trung 2 Construct some regulating lakes at Lam Ha and Quang and Lam Ha Trung wards with areas respectively are 14.7 ha and 2.5ha regulating lakes 2.2 Wastewater 2 Construct a separated wastewater drainage system bases drainage system on a pipeline with 7km of length leading to Northern Chau of the Northern Giang wastewater treatment plant that sponsored by project Chau Giang (see below), and (ii) a pipeline containing clean water along along D4-N7 D4-N7 road that sponsored by project too (see below). road 2.3 Wastewater 2 Construct two (2) wastewater pumping stations following pumping station component 2.2 2.4 Pumping station 2 Construct a pumping station to control flood with capacity of at Quang Trung 4,000 m3/h between Quang Trung regulating lake and Nhue regulating lake river 2.5 Wastewater 2 Construct a wastewater treatment plant for proposed urban treatment plant of of Northern Chau Giang area with capacity of 3,000 m3/day Northern Chau Giang 3 Component 3 Roads and bridges of urban area 3.1 D4-N7 road 1&2 Construct D4-N7 road to serve a Northern new urban, it is administrative and trading area of this city with 4.74km of length and there are 4 traffic lines, drainage system, walking route, lighting system, and other extensions for people 3.2 Bridge through 2 Construct a bridge with 4 lines, 195m of length, connecting Chau Giang river with D4-N7 raid 4 Component 4 Project to support management and technical assistant 4.1 Supporting 1&2 Range includes (i) supporting all activities of PMU: buying, management and reporting, financial and other monitoring activities, (ii) construction monitoring all activities of construction, and (iii) an supervision Information – Education – Community (IEC). 4.2 Independent 1&2 Range includes independent services for environmental monitoring monitoring and resettlement, (ii) financial audit; and (iii) review after project done. 4.3 Technical 1 Range includes the independent programs for (i) urban 5|Trang RESETTLEMENT PLAN No Investment Stage Description assistant planning; (ii) asset management and capacity strengthening, (iii) Build up a local audit ability 4.4 Equipment and 1 Range includes to equipment and human resources to vehicles serve PMU and city agencies that relating to technical support program above 4.5 Training 1 Range includes training for city authorities, PMU’s staff 4.6 The operating 1&2 It was sponsoring by counterpart funds, salaries of project cost of PMU management units, offices and other the costs related to the management of the project PMU. 21. In project implementation process, some components have not carried out in this period such as embankment of Lam Ha 1 lake. The funding source using for this lake will be transferred to additional components including: Improvement and upgrading of Luong Khanh Thien secondary school (PL1-03 package); (ii) Embankment of North riverside of Chau Giang river from discharging gate of II Trang Lac pumping station to Chau Giang bridge (added PL2- 01 package); (iii) Construction of North road from medical unit of Bach Mai hospital to D4-N7 road (added PL3-01 package); (iv) Construction of DT491 detour (added PL03-02 package) 22. Project implementation period is expected 5 years, beginning 2012 and completed 2017. Total investment of project is 68.7 millions USD (57.5 millions USD of IDA and 11.2 millions USD of counterpart fund). 1.3. Scope of Resettlement plan 23. Resettlement plan is prepared for additional investments of project, guiding relevant actitivities for compensation and land acquisition during implementation process of Project’s additional investments. 2. POTENTIAL IMPACTS 2.1. Mitigation measures for land acquisition and resettlement 24. In project implementation process, Resettlement Consultant, Engineering Consultant and PMU collaborated closely in giving out technical measurements, compared and selected options according to minimize mitigation principles about the influences of land acquisition for households who were in Project area. Giving priority to the less clearance options or use of public land managed by local authority. 25. So that, there are only (03) out of (04) additional investments that will acquire land and resettled people in Project area for construction of road and embankment. In the pre- feasibility study of the project, the coordination of PMU and the consultation with local authorities, Technical Consultant. aimed to avoid and minimize scope of land acquisition. 2.2. Additional investments of Project and Resettlement 2.2.1. Item (i) – Improvement and upgrading of Luong Khanh Thien secondary school 26. Luong Khanh Thien secondary school belonged to Luong Khanh Thien ward had been added for investment according to no. 1491/UBND-NV dated September 4, 2014 of Ha 6|Trang RESETTLEMENT PLAN Nam province PC. It is constructed on the ground of old school managed by City PC. Therefore, this component will not acquire land of households. 27. Table 1 Construction location of Luong Khanh Thien seconday school Luong Khanh Thien secondary school Figure 1. Construction location of Luong Khanh Thien secondary school 2.2.2. Item (ii) – Embankment of North riverside of Chau Giang river from 1A High way to Chau Giang bridge 28. This item invested for construction with 816 total length, top elevation of wall +5m, reinforced concrete structure, width of sidewalk bordering embankment 10m, lighting system, drainage system 29. The area of North Chau Giang embankment included the part of embankment mainly affecting households living along Chau Giang river from 1A Highway to Chau Giang bridge with a part of area bordered residential area (2,142m2), the remaining land (27810m2) is public land managed by ward PC, mainly is duckweed, weed and bamboo. There is no navigation activity at the river. There area 19 graves need to be relocated in this area 7|Trang RESETTLEMENT PLAN North embankment of Chau Giang river South embankment completed construction Cầu Châu Giang Figure 2. Location of North embankment of Chau Giang river 2.2.3. Item (iii) – Construction of North road from medical unit of Bach Mai hospital to D4-N7 road 30. The route invested on construction is located at Lam Ha ward, with the total length of 185.5 m and the width of 27 m. This route will connect D4-N7 road (investment under Component 3 of Phu Ly MCDP) at km 2+350 to service land DVO4-NO2 to create the connection of city’s central area and convenience of trafficin whole area, and will improve infrastructure of Northern Chau Giang urban area. This route has been added into PL3-01 according to document no. 547/UBND-GTXD dated April 3nd, 2015 of Ha Nam province PC 31. The area is rice fields with irrigation ditch passing through. At present, the project area is uninhabited with sparse traffic 8|Trang RESETTLEMENT PLAN Width-27-m road Figure 3. Location of North road from medical unit of Bach Mai hospital to D4-N7 road (27m) 2.2.4. Item (iv) – Construction of DT491 detour 32. Liem Chinh bridge (investment No 3.2 under component 3 – Road and bridge of urban of Phu Ly MCDP) will be constructed on Quarter 3/2015, 24. When the Liem Chinh Bridge is built, it willo cut the existing 491 route with unfavorable elevation (about 2m), at the position of intersection which is at the top of bridge which has a large slope. It will cause influences to traffic on existing 491 route. Traffic density in this area is quite high. Therefore, in order to ensure traffic safety, it is necessary for construction of a new detour under Liem Chinh bridge, along South embankment of Chau Giang river and connected to existing 491 road (see Fig 3). The new DT491 detour will located below the Liem Chinh Bridge (about 4 m lower).This proposed investment has been included PL3-02 bid package according to Document 694/UBND-GTXD dated May 28 of Ha Nam province PC. 33. DT491 detour locates at Liem Chinh ward with 568.67m of total length. The first detour is on T-junction of Liem Chinh gas station (near Me Noi pagoda) and under Liem Chinh bridge. This detour is near Me Noi pagoda (about 80 m) and runs along South embankment of Chau Giang river (about 320 m), then turn right to connect with existing DT491 route. 9|Trang RESETTLEMENT PLAN Existing 491 road Liem Chinh bridge over Chau Chau Giang river Giang river DT491 detour Chau Giang river Figure 4. Location of DT491 detour 2.3. Linked projects 34. The fact shows that integrated development programs are often invested by many different funding sources (World Bank, Other Donor or National Project). The Phu Ly city Development Project is not an exception. There are many projects which are invested, being invested or will be invested in the Phu Ly city in recent years. Regrading policies, OP 4.12 applies to different activities leading to involuntary resettlement. In terms of the policy, OP 4.12 applies ”to other activities resulting in involuntary resettlement, that in the jubgment of the Bank, are (i) directly and significantly related to the Bank – assisted project; (ii) necessary to echieve its objectives as set forth in the documents; and (iii) carry out or planned to be carry out, comtemporenceously with the project” (para.4). 35. In projects’ implementation process, social welfare constructions require land funds for the clearance and relocation, therefore, in order to stabilize people’s living, Phu Ly CPC must construct resettlement areas to serve city’s clearance. So that, Ha Nam PPC has approved and delivered over the CPC for construction of a resettlement area to serve clearance of Lam Ha 2 lake and North embankment of Chau Giang river with complete technical infrastructure at prolonged Le Cong Thanh road, Dinh Trang, Lam Ha ward, Phu Ly city, Ha Nam province. (hereinafter referred to as the Dinh Trang resettlement area). 10 | T r a n g RESETTLEMENT PLAN 36. The Dinh Trang resettlment area project is considered to be closely related to the MCDP. All compensation and resettlement activities for land clearance of these sites would had l needed to be consistent with World Bank policy. However, the entire land for the Dinh Trang resettlment area 3,585 m2 is unused land managed by People's Committee of Lam Ha ward. Therefore, construction project of Dinh Trang resettlement area does not require land acquisition 2.4. Scope of land acquisition and resettlement 37. According to initial survey information, the estimation of total permanent land acquistion area for the implementation of additional investments is about 44,729 m2, in which: Residential land 2,551 m2; Agricultural land 3,962 m2 and 38,216 m2 remains is managed by Ward/City PCs. The number of households affected by land acquistion of Projcect is 111 households, in which 12 severely affected households by land acquisition over 20% of agricultural land and 15 households must relocate. Preliminary statistic on impacts of land acquisition and resettlement for each investment is presented in table below. 11 | T r a n g RESETTLEMENT PLAN Table 2. Preliminary statistic on impacts of land acquistion and resettlement for each additional investment of Project Permanent impact In which: The Residential land Agricultutal land Public land Temporary number land No Investment hous of 2 house Area (m ) ehol acquisiton affected holds 2 Area Affected Area Affected ds Area Affected area (m ) househol 2 must 2 2 (m ) household (m ) household must (m ) household d reloca reloc te ate Luong Khanh Thien 1 0 1,322 0 0 0 0 0 0 1,322 0 0 secondary school Road connecting from 1 2 medical unit – Bach Mai 17 3,962 0 0 0 3,962 17 12 0 0 0 hospital to D4-N7 road 2 3 3 DT491 detour 30 9,493 409 27 3 0 0 0 9,084 5 0 The embankment of 4 North riverside of Chau 62 29,952 2,142 62 12 0 0 0 27,810 0 0 Giang river Total 109 44,729 2,551 89 15 3,962 17 12 38,216 5 0 Source: Survey of Resettlement, 2015 1 These are HHs losing more than 20% agricultural land, not relocated. 2 There are 02 HHs have more than one impact. 3 It is public land. And these are 05 HHs affected by crop/tree. 12 | T r a n g RESETTLEMENT PLAN 3. OBJECTIVES AND PRINCIPLES OF RESETTLEMENT POLICY 38. In article 6 of the Decree 38/2013/ND-CP dated April 23, 2013 of the Government on the management and use of Official Development Assistance (ODA) loan sources and incentives of the donors have stated in one of the five basic principles in the management and use of ODA is "in compliance with the provisions of the law of Vietnam and international treaties about ODA that social Republic mean Vietnam is a member. In the case of international treaties on ODA which the Socialist Republic of Vietnam was a member has got other regulations with the legal provisions of Vietnam shall follow the provisions of international treaties”. Ac cording to The Law on Land No. 45/2013/QH13, Article 87, Point 2. Compensation, assistance, resettlement for special cases regulate: “For projects using loans from international organizations, foreign which Vietnam State has committed to a policy framework for compensation, assistance and resettlement it will comply with that policy framework”. 39. Resettlement Policy Framework (RPF) of the project is prepared in compliance with the World Bank’s OP/BP 4.12 and the Vietnam's Laws and Degrees on compensation, assistance and resettlement. The basic objective of the RPF to ensure that all AHs by the project (APs) will be compensated at replacement cost and assisted with restoration measures to help them improve or at least maintain the living conditions and the capacity to make income before the project. This Resettlement Policy Framework presents the basis for preparation, review and approval of RAPs for sub-projects under the MCDP that required land acquisition, compensation, and resettlement, regardless of the source of financing 40. Resettlment plan will affect the activites relating to compensation and land acquistion in implementation process of Project’s additional investments if having the requirements of land acquistion, compensation, resettlement and not dependent on financing resources. 4. SOCIAL-ECONOMIC STUDIES 4.1. Approach 41. Approach with the participation of community used in planning Resettlment plan. Therefore, displaced person took part in Resettlement plan implementation process such as answered interviews, disussed into groups, visited on-site with the experts at affected area. The representatives of PMU and the person who represented affected households of ward/commune PCs will also be participated. 4.2. Approach methods 42. Desk review method.  Consultant collected, reviewed, studied and analized the documents relating to land acquisition, compensation and resettlement of Project for a assessment. Those documents were collected at PMU, ward/commune PCs of project area, including: (i) Project profile (Notes and drawing of project components; Resettlment Policy Framwork…) and memorandum provided by PMU; (ii) Cadastral maps, map extracts and Social – Economic reports provided by commune PCs; (iii) policies of World Bank, Government of Vietnam and Ha Nam province PC is to (i) find out process, regulations that were approved by Project documents, (ii) find out technical measurements proposed for each Project 13 | T r a n g RESETTLEMENT PLAN component; (iii) review Social – Economic reports of locality, (iv) propose mitigation measures for environmental impacts and guide Project’s next activities 43. Qualitative method  Consultation and discussion with various stakeholders, including the implementation agencies, social organizations through consultation meetings, in- depth interviews, group discussions. The minutes of the work is attached to this report in Appendix 02  Group discussions, in-depth interviews with affected households, such as severely affected households, displaced households, vulnerable households  Visiting field of resettlement areas and areas under research project to determine the potential impacts on local residents during the project implementation. 44. Quantitative method.  Survey Social – Economic Solution by questionnaire: Suvey 100/111 affected households including 100% total severely affected household and over 50% total slightly affected householde. List of interviewed households is seen in Appendix 03 of this report  The statistic of Inventory of Losses is carried out with 100% affected households 45. Entering and processing data. Information collected in field monitoring will be handled by specialized software such as SPSS (Quantitative) and NVIVO (Qualitative) 4.3. Result 4.3.1. Statistic of Invetory of Losses 46. Table below presents an overview of affected volume by Project’s additional investments Table 3. overview of affected volume by Project’s additional investments Affected Content Unit volume 1. Affected household: Household : 109 People person : 447 In which : + Household affected residential land: household : 89 + Household affected agricultural land household : 17 + Other land (managed by ward/commune 5 household : PCs) 2. Affected area m2 : 44,729 2 In which: + Residential land area m : 2,551 + Agricultural land area m2 : 3,962 + Other land area (managed by ward/city 38,216 m2 : PCs) 3. Affected crops and livestock In which: + Trees (Dracontomelum, longan, litchi, m2 : 3,473 14 | T r a n g RESETTLEMENT PLAN Affected Content Unit volume banana,…) 4. Affected works, house in which: + Structure m3 : 5,500 + Grave unit 19 5. The emblishment of land In which: + Land for annual crops m2 : 32,689 + Land for perennial crops m2 : 4,205 6. The number of households must relocate household : 15 7. The number of households affected agricultural land household : 12 over 20% 8. The number of poor households household : 02 9. The number of policy households/ revolution household : 04 households 10. The number of headed-female households household : 30 11. The number of households affected on business household : 0 Source: Survey of Resettlement, 2015 4.3.2. Social – economic conditions of affected housholds a) Household inhabitants and work force: 47. Total number of affected households due to land acquisition carried out by Project’s additional investments is 109 households with 447 people. With the members of affected households, according to the survey showed that the number of average members of each household is 4.1 people. Considering the age, the households having head of household in average age from 40 – 49 and 60 – 69 will have larger number of members compared to families whose heads are in different ages 48. The number of headed-female households affected by land acquisition is 30 households accounting for 27,5% b) Education level: 49. Education level of affected person basically is not high, over 40% of people with qualifications from primary to junior high school. Those with high educatio nal levels are not high, with 89 people occupy 20%, while only 214 people (6%) currently have college degrees and universities. c) Occupation of household head: 50. Due to the large area of acquired land is agricultural land and rural residential land more than half of people (69%) affected are farmers. Participation in other income- generating activities to maintain their income sources, such as working in government agencies is 8%, business/trade is 7%, employment/ free labor is 10% and 5% pension. The unemployment rate accounted for 1%. 15 | T r a n g RESETTLEMENT PLAN Table 4. Occupation of household head Investment Tota Officers, Service Farmers Housewiv Free Unemploy l public business es ocupation ment empl servants retirees oyee Qn % Qn. % Qn. % Qn % Qn. % Qn. % s . . Road connecting from medical unit -Bach 17 0 0.0 0 0.0 16 94.1 0 0.0 1 5.9 0 0.0 Mai hospital to D4-N7 road DT491 25 4 16.0 5 2.0 12 48.0 2 8.0 2 8.0 0 0.0 detour Embankment of North riverside of 58 4 6.9 2 3.4 41 70.1 3 5.2 7 12.2 1 1.7 Chau Giang river Tổng 100 8 8.0 7 7.0 69 69.0 5 5.0 10 10.0 1 1.0 51. For the households affected by land acquisition of the project’s additional investments, (27 households, in which: 12 households affected by losing over 20% agricultural area and 15 households have to relocate), 72% of people are farmers; business/trade is 20%; and 8% remaining of people are liberal workers. d) Household’s income: 52. The results of socio-economic survey of affected households showed that the average income per month was 2,785,000VND per household. There is a significant gender difference concerning household income contribution, men contribute with over 60% of total household income. 53. The survey showed that the average income of one person / month of the households affected by the project are low, only about 24 households (24%) have incomes above 1,000,000/person/month . About 2 households (2%) affected family living below 500,000 VND/person/month - the poverty line for urban areas as prescribed by the Ministry of Labour, Invalids and Social Affairs (MOLISA), while the rest lies in the near poor or only a little higher than this threshold. 54. In addition to that, survey data also show that there is a significant difference about average income per inhabitant per month among areas; details are shown in table below. Table 5. Average income of household affected by Project Unit: VND/person/month Investment The Income of household number <500,000 500,000 to 1,000,000 >1,000,000 of househol d surveyed Road connecting from medical unit 17 0 12 5 -Bach Mai hospital to D4-N7 16 | T r a n g RESETTLEMENT PLAN road DT491 detour 25 0 18 7 Embankment of North riverside of 58 2 44 12 Chau Giang river Total 100 2 74 24 e) Vulnerable group: 55. Vulnerable Groups who can be unequally affected or have a risk of being impoverished because of resettlement impacts Table 6. The number of affected vulnerable households per investment Investment Vulnerable group Poor Disabled household Revolution household household Road connecting from - - - medical unit -Bach Mai hospital to D4-N7 road DT491 detour - - 03 Embankment of North 02 - 01 riverside of Chau Giang river Total 02 - 04 56. The number of poor households determined is 02 households. Vulnerable group affected by project also have 04 as per the policy/revolution devoting households. f) Possession of assets: 57. Most of families are in possession of more than one means; there are 64/100 respondents have the main means as motorbikes (64%). The majority of households have televisions. The number of households having refrigerators is 29 (29%). The number of household using gas cookers is the lowest with only 13 households, accounting for 13% of respondents Table 7. Possession of assets Investment TV motobike refrigerator gas household cooker HH % HH % HH % HH % Road conncting from medical unit -Bach Mai 17 17 100 9 52 4 23 4 23 hospital to D4- N7 road DT491 detour 25 25 100 21 84 8 32 3 12 Embankment of North riverside 58 58 100 34 58 17 29 6 10 of Chau Giang river Total 100 100 100 64 64 29 29 13 13 g) Infrastructure: 58. In the condition, all PAHs have access to the national grid. And they have access to urban services and basic social services such as hospitals, schools, markets, and city centers 17 | T r a n g RESETTLEMENT PLAN h) Toilet: 59. In 100 surveyed households, 87 households (accounting for 87%) say that they are using common toilets (flush toilets with semi-septic tanks), only 9 households are using flush toilets with septic tanks and five households are using bucket latrines i) Environmental hygiene: 60. In 100 surveyed households, 53 households (accounting for 53%) think that the environmental hygiene is now polluted. As asked about causes of pollution, 12 households (12%) believe that it results from dust and garbage. 19 households (19%) assert that the cause is floods; most of these households are living in lowland, so the rate of households choosing the cause as pollution is rather high. Water pollution is one of the people’s concerns, for 33 respondents (33%) think that the local water source is polluted. 5. LEGAL FRAMEWORK 61. Resettlement Plan was prepared on the basis of the Resettlement Policy Framework of the project implementing in the preparation of Project Detailed Outline (PDO) and has been approved by the Prime Minister and sponsors not object. Simultaneously, the Resettlement Plan will comply with the laws, circulars, decrees stipulating the land acquisition, compensation and resettlement in Vietnam, and the policy of the World Bank on resettlement Voluntary. 5.1. Legal framework of Government of Vietnam 62. The legal framework with respect to land acquisition, compensation and resettlement is based on the Constitution of the Socialist Republic of Vietnam (2013), and the Land Law 2013 (revised), and other relevant decrees/guidelines. The principal legal documents applied for this RPF include the followings: - Constitution of the Socialist Republic of Vietnam adopted on November 28, 2013. - Land Law No. 45/2013/QH13 dated November 29, 2013 of the National Assembly on Land (effective on July 1, 2014). - Decree No. 43/2014/ND-CP dated May 15, 2014 of the GoV on detailing a number of articles of the Land Law. - Decree No. 44/2014/ND-CP dated May 15, 2014 of the GoV on land prices; - Decree No. 45/2014/ND-CP dated May 15, 2014 of the GoV on collection of land use levies. - Decree No. 46/2014/ND-CP dated May 15, 2014 of the GoV on collection of land rent and water surface rental. - Decree No. 47/2014/ND-CP dated May 15, 2014 of the GoV on compensation, support and resettlement upon land recovery by the State. - Decree No. 84/2013/ND-CP dated July 25, 2013 of the GoV on development and management of resettlement housing; - Decree No. 38/2013/ND-CP dated April 23, 2013 of the GoV on management and use of official development assistance (ODA) and concessional loans of donors; - Circular No.37/2014/TT-BTNMT the MONRE dated June 30, 2014 on compensation, support and resettlement upon land recovery by the State. 18 | T r a n g RESETTLEMENT PLAN - Decision No.52/2012/QD-TTg of the Governmental Prime Minister dated November 16, 2012 on employment and vocational training support policies for laborers subject to agricultural land recovery 63. Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include: the Construction Law No.50/2014/QH13 dated June 18, 2014 on construction activities, rights and obligations of organization and individual investing in civil works construction and construction activities; Decree No.102/2014/ND-CP on sanctioning of administrative violations in the field of land; Decree No.15/2013/ND-CP dated February 6, 2013 on quality management of constructions; Decree No. 12/2009/NĐ-CP dated February 12, 2009 on the management of construction investment projects; Decree No. 38/2013/ND-CP on the management and use of ODA fund; Decree No.126/2014/ND-CP on marriage and family Law implementation, stipulating that all documents registering family assets and land use rights must be in the names of both husband and wife. 64. Decrees relevant to protection and preservation of cultural property include Decree No. 98/2010/ND-CP Detailed regulations for implementation of some articles of the Law on Cultural Heritage and the Law on editing and supplementing some articles of the Law on Cultural Heritage requiring that sites currently recognized as cultural and historical vestiges, should be kept intact according to current legal regulations. 65. Documents relating to complaints and resolve complaints mechanisms: Complaints Law 02/2011/QH13 dated November 11, 2011; Decree No. 75/2012/ND-CP dated March 10, 2012 on specific provisions a number of articles of the Complaints Law 66. Decisions of Ha Nam provinces relating to compensation, assistance and resettlement in provincial territory will be also applied specifically: - Decision No.38/ 2014/QD-UBND dated September 12, 2014 on issuing regulations on compensation, support and resettlement upon land acquisition by the State in Ha Nam province. - Decision No.41/2014/QD-UBND issuing on the managment of resettlement land - Decision No.39/2014/QD-UBND dated September 12, 2014 issuing regulations on quota for allocation, recognition of residential land; The minimum area to be split or consolidation of land in the Ha Nam province - Decision No.50/2014/QD-UBND dated December 19, 2014 issuing on list of land prices on Ha Nam province - Decision No.49/2014/QD-UBND dated November 20, 2014 issuing on compensation prices for crops, livestocks before the State acquires land - Decision No.01/2014/ QD-UBND dated January 9, 2014 issuing on compeasntion prices for house, structure works, movement of grave before the State acquires land in Ha Nam province. 5.2. World Bank Policy on Voluntary and Involuntary Resettlment (OP 4.12) 67. The World Bank recognizes that involuntary resettlement may cause severe long- term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The Bank’s Resettlement Policy OP 4.12, includes 19 | T r a n g RESETTLEMENT PLAN safeguards to address and mitigate the economic, social, and environmental risks arising from involuntary resettlement. 68. The WB’s involuntary resettlement policy objectives are the following: (i) Involuntary resettlement should be avoided as much areas as possible or minimized by bringing out optional measures in the process of technical design ; (ii) Wherever involuntary resettlement is unavoidable, resettlement activities should be aware of and executed as sustainable programs, necessary to supply enough investment sources to help adversely affected persons to share project’s benefits. Directly or indirectly affected persons need must be consulted and participated in the process of planning and implementing resettlement programs. (iii) Affected Persons should be assisted in efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-project levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 5.3. Comparion between GoV and WB approaches 69. There are differences between the Government of Vietnam’s Laws, policies, regulations related to land acquisition/resettlement, and the World Bank’s OP 4.12 on Involuntary Resettlement. The following table highlights the key differences in order to establish a basis for the design of the principles to be applied for compensation, assistance and livelihood restoration support for the affected households, which will be applied under this project 20 | T r a n g RESETTLEMENT PLAN Table 8. Comparison of GOV’s and WB’s policies related to compensation, support and resettlement Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures 1. Land Property 1.1.Policy PAPs (Project Affected Not mentioned. Livelihoods and income sources will objectives Persons) should be assisted in However, there is a provision of be restored in real terms, at least, to their efforts to improve their support to be considered by PPC to the predisplacement levels or to levels livelihoods and standards of ensure they have a place to live, to prevailing prior to the beginning of living or at least to restore stabilize their living and production. project implementation, whichever is them, in real terms, to (Article 25 of Decree 47). higher. predisplacement levels or to In case the amount of levels prevailing prior to the compensation/support is not enough beginning of project for resettled people to buy a minimum implementation, whichever is resettlement plot/apartment, they will higher be financially supported to be able to buy a minimum resettlement plot/apartment (Article 86.4 of Land Law 2013 and Article 27 of Decree 47) 1.2.Support for Financial assistance to all Only agricultural land used before July 1, Financial assistance of an agreed affected project affected persons to 2004 is eligible for compensation. amount will be given to all PAPs, households who achieve the policy objective (to Other cases may be considered for regardless of their legal status, until their have no improve their livelihoods and assistance by PPC if needed livelihoods and standards of living restore recognizable legal standards of living or at least in real terms, at least, to pre- right or claim to to restore them, in real terms, to displacement levels. the land they are pre-displacement levels or to occupying levels prevailing prior to the beginning of project implementation, whichever is 21 | T r a n g RESETTLEMENT PLAN Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures higher) 1.3.Compensation Compensation at full cost for No compensation, or supported with Compensation at full replacement cost for illegal structure all structures regardless of value depending on the circumstance, at will be given for all structures affected, legal status of the PAP’s land any point of time of formation of this regardless of legal status of the land and structure. asset and structure 2. Compensation 2.1.Methods for Compensation for lost land Compensation for lost assets is Independent appraiser identifies determining and other assets should be paid calculated at price close to transferring replacement costs for all types of compensation rates at full replacement costs, the assets in local markets or the cost assets affected, which are appraised of newly-built structures. Provincial by land appraisal board and approved People’s Committees are granted to by. Provincial People’s Committees to identify compensation prices for ensure full replacement costs. different categories of assets. Independent land valuator can be used to determine land prices, which will be appraised by land appraisal board before Provincial People’s Committee approval. 2.2.Compensation Loss of income sources should Assistance in respect of income loss All income losses are to be for loss of income be compensated (whether or is given only for registered compensated and, where necessary to sources or means not the affected persons must businesses. Assistance measures to achieve the objectives of the policy, of livelihood move to another location) restore income sources are provided development assistance in addition to compensation will be provided. 22 | T r a n g RESETTLEMENT PLAN Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures 2.3.Compensation It is good practice for the Not addressed Social assessment has been for indirect impact borrower to undertake a social undertaken and measures identified caused by land or assessment and implement and being implemented to minimize structures taking measures to minimize and and mitigate adverse impacts, mitigate adverse economic and particularly upon poor and vulnerable social impacts, particularly upon groups. poor and vulnerable groups. 2.4.Livelihood Provision of livelihood restoration Livelihood restoration and assistance Provision of livelihood restoration and restoration and and assistance to achieve the measures are provided. No follow-up for assistance measures to achieve the assistance policy objectives full livelihood restoration after policy objectives. These will be resettlement completion monitored as detailed in the RAP 2.5.Consultation Participation in planning and Focus mostly on consultation during Consultation and participation and disclosure implementation, specially planning (consultation on draft plan of incorporated into RAP design, along confirming the eligibility criteria compensation, support and with information sharing with PAPs and for compensation and resettlement and plan for training, stakeholders. assistance, and access to career change and facilitating job Grievances Redress searching); information sharing and Mechanisms disclosure. 3. Grievance redress mechanism 23 | T r a n g RESETTLEMENT PLAN Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures Grievance redress mechanism The same governmental body makes More effective Grievance and Redress should be independent decisions on compensation and mechanisms are to be established, built resettlement, and also handles on the existing governmental system, grievances at the first step. with monitoring by an independent However, complainants can go to court monitor at any steps as PAP wishes 4. Monitoring & Evaluation Internal and independent Citizens are allowed to supervise and Both internal and external monitoring are required report on breaches in land use and (independent) monitoring is to be management on their own (or through regularly maintained (on a monthly representative organizations), including basis for internal and biannual basis land recovery, compensation, support for independent monitoring). and resettlement (Article 199, Land An end-of-project report will be done Law 2013). to confirm whether the objectives of OP There is no explicit requirements on 4.12 were achieved. monitoring of the resettlement works, including both internal and independent (external) monitoring 24 | T r a n g 6. PRINCIPLES AND POLICIES FOR RESETTLEMENT, COMPENSATION AND REHABILITATION 6.1. General principles 70. All projects affected people (PAP) who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation for their losses. Those who have lost their income and/or subsistence will be eligible for livelihood rehabilitation assistance based on the criteria of eligibility defined by the project in consultation with the PAPs. If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures will be provided. a) The compensation rates will be determined based on the results of independent appraisal of the land/crops/assets (associated with the land) in a timely and consultative manner. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/or houses or businesses. The local authorities will ensure that PAP choosing relocation on their own, obtain, without additional costs, the necessary property titles and official certificates commensurate with similar packages provided to those who choose to move to the project resettlement sites. b) Land will be compensated “land for land”, or in cash, according to PAP’s choice whenever possible. The choice of land for land must be offered to those loosing 20% or more of their productive land. If land is not available, Project Management Unit (PMU) must assure itself, that this is indeed the case. Those loosing 20% or more of their land will have to be assisted to restore their livelihood. The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding. c) PAPs who prefer “land for land” will be provided with land plots with the equivalent productive capacity for lost lands or a combination of land (a standard land plot) in a new residential area nearby for residential land, and cash adjustment for difference between their lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the PAPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided. d) PAPs who prefer “cash for land” will be compensated in cash at the full replacement cost. These PAPs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation. e) Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure must use the highest value structure in that group (not the lowest). f) As for the displaced households affected with shelter (displaced from existing residential land because the remaining land area is not feasible for building house or entire land acquisition), the local resettlement board needs to VIWASE vii RESETTLEMENT PLAN conduct consultations and makes agreed solutions to assist for new shelter for affected households. g) The displaced households affected with shelter that capable of building house on the remaining land (not subject to displacement) will be applied general policies of the project in accordance with the agreed entitlement matrix. h) The PAPs will be provided with full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands and other properties. i) Compensation and rehabilitation assistance must be provided to each PAP at least 30 days prior to the taking of the assets for those who are not to be relocated and 60 days for those who will have to be relocated. Exceptions should be made in the case of vulnerable groups who may need more time. j) If, by the end of the project, livelihoods have been shown not to be restored to preproject levels, additional measures will be provided . k) Additional efforts, such as economic rehabilitation assistance, training and other forms of assistance, should be provided to PAPs losing income sources, especially to vulnerable groups, in order to enhance their future prospects toward livelihood restoration and improvement. 6.2. Compensation policies 71. To adequately address compensation, resettlement and rehabilitation of the people to be affected by the acquisition of land, houses and other assets under the Medium Cities Development Project – Subproject Phu Ly city which is assisted by the World Bank, the Government of Vietnam (GOV) through the Decision No.259/TTg-QHQT dated March 1,2012 has approved the Resettlement Policy Framework (so called RPF) for the project. The RPF also applies to other activities resulting in resettlement, which are (a) directly related to the Project; (b) necessary to achieve its objectives; and (c) carried out, or planned to be carried out, contemporaneously with the Project 72. Below is the specific policies to be applied for Project: 6.2.1. Compensation policies for agricultural land Legal or legalizable land users: 73. Because agricultural land fund of wards in Project where land is acquired is not available, the following apply cash compensation. 74. Cash compensation applies : (i) Cash compensation for the lost land and crops on the acquired land, at full replacement cost (100%), will be provided to the DP, and (ii) In addition to cash compensation at full replacement cost for the lost land of (100%) (or for the entire affected plot if the remaining area of the plot is not economically viable): 75. For agricultural land in urban areas/ garden, pond and house in a same plot of land with house thereon; in addition to the compensation by agricultural land price where perennial trees are planted or garden land prices, households will be supported by 20% of 26 | T r a n g RESETTLEMENT PLAN average land prices in the urban areas and 30% for rural area (This support area does not exceed 5 times of the limit standard of local allocation Users with temporary or leased rights to use land : (i) if the portion of the land to be lost represents 20% or less of the total area of the land currently used by the DPs, they will be compensated at the amount corresponding to the remained investment in the land or 30% of land replacement cost. (ii) if more than 20% of the land area currently used by the DPs is acquired, then the priority to compensate by other land of temporary use rights, or, in request of DPs or if there no available land to provide ‘land for land’, the cash compensation will be applied at the amount corresponding to the remained investment in the land or 30% of land replacement cost. If the value of remained investment is greater than 30% of its replacement cost, the Resettlement Committee will review the case by case and adjust accordingly . Land Users Without recognized Rights to Use Land (i) In lieu of compensation for land, the DPs will receive assistance corresponding 60% of land replacement cost. (ii) For poor and vulnerable, farmers, including landless, as priority, allocation of agricultural land equal per capita agricultural land in commune as regulated by Decree 64/1993/CP, or, if there is no land available for allocation or, on the DPs’ request as informed choice, in addition to above, a package of vocational training and job creation will be two times in minimum of agricultural land price for the whole acquired area (the land for annual tree only); and in case, households need a vocational training, they will be admitted to a vocational center in the province and are exempted from tuition fees for such training course (including level of primary, secondary training and vocational college) for those in the working age (not applicable for those who enroll for a vocational training outside the province). 76. In case when the affected persons utilize the public land (of Right of Way or in protection areas of hydraulic works), that subjects to be acquired under the project, with conditions to return, on request, the land to the Government, they (DPs) will not be compensated for this public land, but will be compensated for crops and trees at 100% market price. 77. DPs will be compensated for the loss of standing crops and fruit or industrial trees at replacement cost. Productive trees will be compensated at replacement cost . 6.2.2. Compensation policies for residential land 78. User who affected with residential land will be compensated as follows: (i) Compensation for loss of land in cash at 100% replacement cost to the legal and legalizable land users. (ii) support by cash equivalent to the remaining values invested in such lands, or equivalent to 50% of replacement cost of land to the users having no legal land use rights. 79. DPs losing residential land with structures built thereon and the remaining land is sufficient to rebuild on (reorganizing DP): 27 | T r a n g RESETTLEMENT PLAN 80. Compensation for loss of land in cash (i) at 100% replacement cost to the legal land users; (ii) the amount corresponding the remained investment on the land to the users having no legal land use rights, equivalent to 50% of replacement cost. a. Compensation for affected structures at 100% replacement cost. b. If house/structure is partially affected, house users will be compensated additional cost for repairing and restoring their structures as before or even better (similar to 20% of the total values of affected structures). 81. DPs losing residential land with structures built thereon and without remaining land sufficient to rebuild on (relocating DP): They are entitled to: a. The land compensation policy is as follows : (i) The DPs, who have legal or legalizable rights to the affected land, can opt to one of the followings :  The provision of land plot in the project resettlement sites;  Cash compensation for entire residential land at 100% replacement cost, with additional cost for basic infrastructure development . (ii) The DPs, who do not have legal or legalizable rights to the affected land, are entitled to the followings :  Regarding the DPs who already have residence somewhere else in the same ward/commune as where they are affected, the project will provide an assistance amount corresponding the remained investment on the land, or equal 50% of replacement cost.  Regarding the poor or vulnerable DPs who have no other residential land in the same as their affected ward/commune, the project will provide (i) a residential plot of minimal size at a common resettlement sites, with full titled to the land; or, (ii) on request of the DPs, as their informed choice, an assistance amount corresponding 60% of the replacement cost for them to rearrange relocation by themselves, inclusion of cost for basic infrastructure development. b. Compensation for affected structures at 100% replacement cost; 6.2.3. Compensation policies for the Losses of structure works, houses 82. For affected House and Structures, Those whose structures are affected will be entitled to the following: (i) Compensation in cash for all affected structures will be provided at 100% replacement cost for materials and labour, regardless of whether or not they have title to the affected land or permit to build the affected structure. The amount will be sufficient to rebuild a structure the same as the former one at current replacement costs. (ii) If house/structure is partially affected, the project will provide a house/structure repairing cost, in addition, to DPs to restore it to former or better conditions similar to 20% of the total values of affected structures. (iii) Compensation and assistance will be provided in the form of cash. No deductions will be made for depreciation or salvageable materials i. (iv) The calculation of rates will be based on the actual affected area and not the useable area . 28 | T r a n g RESETTLEMENT PLAN 83. For affected Graves: The level of compensation for the removal of graves will be for all costs of excavation, relocation, reburial, spiritual performance and other related costs. Compensation in cash will be paid to each affected household. 84. Tenants who rent state houses:  The tenants of States’ houses will be supported in cash equal to 60% of replacement costs of the affected house area and affected land area. The areas of houses/ structures legally owned and built by the DP themselves which have authorized permission will be compensated at their full replacement costs. In case, the construction of the structures have no authorized permission or violate the regulations, the assistance equal to 100% of replacement costs will be provided based on the PPC’s Decision. If the tenants request new renting houses or buying new houses, they are entitled to rent or buy a new apartment of the same area with their affected ones.  The tenants who have leased a private house for residential purposes will be provided with assistance equal to the remaining rental contracted value, but not exceeding rental value for six months, plus transportation allowance of 1,500,000 VND for moving their belongings, as well as assistance in identifying alternative accommodation. 6.2.4. Compensation policies for crops and trees 85. For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to households who cultivate the land, according to the full replacement cost of the affected crops and/or at replacement cost for affected perennial trees. 6.2.5. Compensation policies for income and production/business assets 86. For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be: (i) Cash compensation for the loss of income during the transition period, equivalent average monthly net income at least for six months ; (ii) If business or productive assets are affected, cash compensation for lost business structure/assets reflecting their full replacement cost, without depreciation, (iii) If the business has to be relocated, then, a provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP, or, in cash for business affected area at replacement cost, plus transportation allowance to remove movable attached assets. 6.2.6. Compensation for temporary influences in construction process 87. For agricultural land that will be temporarily affected: (i) Compensation for one harvest of crops/trees at full replacement costs or replacement cost ; (ii) Compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use ; and, (iii) Restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified; and 29 | T r a n g RESETTLEMENT PLAN (iv) If the duration of project's use the land exceed more than two years, then the DPs have option to: 1) Continue using land, or, 2) “Give it to the Project and be compensated as permanent loss 88. For temporary loss of residential land: (i) Compensation for all affected movable properties at full replacement cost (ii) Restoration of land to its previous or better quality. 89. For temporary impact on business: (i) Compensation for temporary loss of income, equivalent an average monthly net income at least for three months . (ii) Compensation for all affected movable properties at full replacement cost. (iii) Restoration of land to its previous or better quality. 90. For damages caused by contractors to private or public structures : (i) Damaged property will be restored by contractors immediately, after completion of civil works, to its former condition . (ii) Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored immediately to its former condition. 6.2.7. Compensation for the damages due to indirect effects 91. This applies to those affected by development of individual resettlement or group resettlement sites. Because all secondary DPs are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the same respective provisions for all other DPs. 6.2.8. Compensation for affected public properties 92. In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, City PCs and PMUs will ensure that these would be restored or repaired as the case may be, at no cost to the community. 6.2.9. Other allowance and assistance in transition period 93. For DPs whose agriculture land affected, in addition to aforementioned compensation payment, the Project will provide rehabilitation allowances including: (i) For Living Rehabilitation: 15,000VND per m2 agriculture land acquired. (ii) Vocational Training and Job Creation: The minimum support will be two times of agricultural land price for the whole acquired area (the land for annual tree only); and in case, households need a vocational training, they will be admitted to a vocational center in the province and are exempted from tuition fees for such training course (including level of primary, secondary training and vocational college) for those in the working age (not 30 | T r a n g RESETTLEMENT PLAN applicable for those who enroll for a vocational training outside the province)(4). (iii) The further forms of assistance for vocational training should be consulted closely with the entitled DPs to ensure appropriate and effective measures assisting the DPs to restore their income generating capacity and income levels. It would be in combination with extension/ relevant technical assistance to help the poor and disadvantaged farmers to improve their farming productivity/ production capacity. 94. For DPs whose residential land affected, in addition to aforementioned compensation payment, the Project will provide rehabilitation allowances including: (i) Transportation Allowance: a) For households who move to other residential areas within the province, will be received 10,000,000 VND/household; b) Move to other provinces, maximum support is: 15,000,000VND/household. If not relocated but must rebuild houses on theremaining area after land acquisition, they will be supported with 50% of the level at the point a above. (ii) House Renting during house construction: will be supported for house rent of: a) 2,000,000 VND/household/month during 08 months if rent house in ward/town; b) 1,500,000 VND/household/month during 08 months if rent house in remaining areas . If after 08 months the authorized agency has not arranged new locations of resettlement, the City People's Committees decided to support renting house for DPs till they receive locations of resettlement and more for building new houses. (iii) For the partially affected DPs who can re-structure their house (none of relocated households), will be entitled to receive 50% value mentioned in Item (ii) above . 95. Bonus: Land user, who comply with the relocating their assets, crops, handing over the land in time and meet the requirements of subproject owner will be awarded depending on the type of architecture, but not exceeding 3,000,000 VND per household. 96. Vulnerable Group: households and individuals whose land is acquired (including households live on public land or leased land): (i) the poor are supported VND 6,000,000 per household; (ii) policy/revolution devoting households will be supported VND 3,000,000 per household and (iii) other supports (if any) in accordance with the local specific regulations. 6.2.10. The rehabilitation measures 97. Any DP exposed to any impact other than those considered to be minor, will have a range of programs to support their full livelihood restoration and assure asset compensation at replacement values either consider each structure separately or if they consider structures by “types” to consider the most expensive structure in that group as bench mark. 98. Furthermore, the DPs who are severely affected by income sources, (or the poor and vulnerable group), in addition to above mentioned cash compensation and assistances and as request by DPs, will be entitled to other rehabilitation measures such as low interest credit loan for vocational training and job creation. Selection and detail description of the rehabilitation measure will be provided in the next section of the RP. (4) Based on Decree No.69/2009, all households having agricultural land affected will be took part in into vocational training program, the cost of training cost is in support, compensation cost 31 | T r a n g RESETTLEMENT PLAN 7. ELIGIBILITY CRITERIAL AND ENTITLEMENTS 7.1. Project affected people 99. People directly affected by a project through the loss of land, residences, other structures, business, assets, or access to resources, specifically are: (i) Involuntary land acquisition resulting in:  Relocation or loss of shelter;  Loss of assets or access to assets ;  loss of income sources or means of livelihood, whether they must move to a new residence or not; (ii) Involuntary restriction of access to prohibited or protected forests, resulting in adverse impacts to their means of support of the displaced persons. 7.2. Eligibility 100. The eligibility for entitlement to compensation is determined by asset ownership criteria: (i) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country. In the consideration, it is also useful to document how long they have been using the land or the assets associated with it); (ii) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; (iii) Those who have no recognizable legal right or claim to the land they are occupying. 101. Persons covered under (i) and (ii) are provided compensation for the land they lose, and other assistance. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (i), (ii), or (iii) are provided compensation for loss of owned or used assets other than land. 102. A cut-off-date means the date of the project announcement publicly. Displaced Persons and local communities will be informed of the cut-off date for each investment, and that anyone moving into the Project investment areas after that date will not be entitled to compensation and assistance under the Project: (i) For the investmentii – Construction of Nort embankment of Chau Giang river: a cut-off-date is the day that finishes Inventory of Losses (IOL) and defined is October 22, 2015; (ii) For the investment iii – Construction of North road connecting from medical unit - Bach Mai hospital to D4-N7 road defined cut-off-date is the day that publicizes 32 | T r a n g RESETTLEMENT PLAN land acquisition – End of September, 2015 define the day a per suggested comments (iii) For the investment iv – DT491 detour, cut-off-date will be defined in 02 the following cases: o For the 25 affected households determined by initial design plan of Project “Urgent solving project shore erosion and urban embellishment at section of upstream of Phu Ly culvert from Phu Ly bridge through 1A National Highway to the discharging channel of Me pump station, Phu Ly town, Ha Nam province”: Cut-off date defined was : November 24, 2014 (the Notification of Land acquisition for the relevant investments at Decision No.1745/QD-UBND). For Assets/land that missed statistics, additional DMS was implemented and done. The result of the additional DMS has been published and approved in Decision No.1599/QD-UBND dated June 30, 2015. o Affected households added by adjusting design plan: Cut-off-date defined is October 22, 2015. 7.3. Entitlements 103. With respect to a particular eligibility category, entitlements are the sum of compensations and other forms of assistance provided to project affected persons (please refer the Entitlement Matrix at Appendix 01). 8. PUBLIC CONSULTATION AND PARTICIPATION 9.1. Objectives of public consultation and participation 104. Disseminating information to people affected by the project and the involved agencies is an important part in the work of project preparation and implementation. The consultation with affected persons and ensures their active participation will reduce the potential conflict and risk of slowing the project. This allows the project to design a resettlement and rehabilitation program as a general development program, in accordance with the needs and priorities of affected people and therefore, maximizes economic and social efficiency of investment. Objectives of the information and community consultation program include:  To ensure that local competent authorities as well as representatives of affected persons will be involved in the planning and making decision. The PPMUs will work closely with the district/commune PCs during the sub-project implementation. The participation of affected persons in implementation stage will be continued by requesting each district/commune to invite representatives of affected persons to play as members of the Council/Board of Compensation and Resettlement of the district and participate in resettlement activities (property evaluation, compensation and resettlement and monitoring).  To sharing fully information about planned work items and activities of the sub- project with the affected people .  To obtain information on needs and priorities of affected persons as well as receive their response information on planned policies and activities. 33 | T r a n g RESETTLEMENT PLAN  To ensure that affected persons can be informed fully the decisions which directly affect their income and living standard and they have the opportunity to participate in the activities and make decisions about issues directly affecting them.  To gain the cooperation and participation of affected persons and communities in the activities, which are necessary for planning and implementing the resettlement.  To ensure the transparency in all activities related to land acquisition, compensation, resettlement and restoration 9.2. Community Consultation During Project’s Preparation stage 105. During project’s preparation stage, public information and consultation aims to gather information for assessing project resettlement impacts and clarify recommendations on possible alternative technical options. This will reduce and/or mitigate potential negative resettlement impacts on local population and to proactively address issues or problems that may emerge during the implementation. 106. The methods of the project information and public consultation may include participatory rapid appraisals and stake holder’s consultation ones, using techniques of site and household visits, public meetings, group and focus group discussions and the household socio-economic survey. 107. At the early stage of the project preparation, local authorities and leaders of different administrative levels in each of the subproject province were informed about the project proposal, its objectives and proposed activities. They were intensively consulted and actively participated in discussions on their development needs and priorities, about their perception toward project objectives. PAPs will be consulted on project potential impacts and possible measures to reduce potential negative impacts, and improve benefits for local people. Table 9. Summary information of the public consultation and information dissemination Content Community consultation meeting Time/location Participants Program 8a.m – 11a.m, 22 October - Representatives of 1. Introduction Project at Lobby of Lam Ha ward local governments and PCs associations/organizati - Introduction of project ons Local: Farmers' (objectives, location and size of Association, Women's the project and plans ...); 1 p.m – 4 p.m 22 October at Union, Fatherland - The technical proposal of the Lobby of Liem Chinh ward Front, Youth Union ... project; Items/works carried out at PCs - Representatives of the the ward / commune area; households affected by the project - Policies relate to environment 3p.m – 5p.m 22 October at - Representatives of the and resettlement of the Lobby of Liem Chinh PMU Government of Vietnam and the commune PCs - Representatives of the World Bank consulting unit 2. Consultation with the (See the appendix - community on the issue of Minutes of the consultation resettlement. meeting) 34 | T r a n g RESETTLEMENT PLAN 108. Local authorities and the PAPs were consulted on their consent, as well as their commitment for implementation of the resettlement policy described in the policy framework of the project, that is the policy responsing objectives of the Bank and the Government. According to Consultation result:  All of the households have already agreed to support Project;  Form of payment: + For the affected households losing agricultural land: Those households agree cash compensation for their acquired land and the market price for crops/flowers on their land. + For the households must relocate: Most of those households selects Project land for resettlement with infrastructure of resettlement area of Project must convenient for business.  People and community in project area agree participating into inventory procedures, compensation, site clearance and resettlement and carry out correctly grievance procedures  Particularly for Luong Khanh Thien ward: construction of Luong Khanh Thien seconday school of Luong Khanh Thien ward will be constructed in ground of old school managed by City PCs. Therefore, this investmentwould not acquire land of households in ward territory. However, in order to prepare for construction, teachers and students in Luong Khanh Thien school will temporary move to a former basis of Bien Hoa specialized school to avoid the interruption during studying (new Bien Hoa spcialized school has been already built and under operation). Ward PC recommends that Luong Khanh Thien seconday school should be constructed and completed as soon as possible to restore the original stability.  Below is some people’s questions and the explaination by PMU: Question 1: It is essential that the plans are soon announced and site clearance and displacement must be confirmed so that the people will not experience hardships in consequence of “suspended” planning. Answer: We agree that the people will be informed immediately after the approval of the investment. Question 2: Households require assistance and compensation policies go public soon so that they are made known of compensation solutions and options selection Answer: This will be implemented in accordance with the Resettlement Plan Question 3: DPs to be relocated wish to move in places near their current houses for business and work’s convenience. Answer: Ha Nam Province’s People’s Committee are promoting the preparation of resettlement sites right within the wards/communes where DPs to be resettled are now living (refer to section 2.1 and chapter 10 of this RP). Question 4: When land acquisition is completed, residents must be let known of their temporary accommodations before resettlement. They expect that they are entitled to compensation payments first, new locations for construction of new houses are available, and then they will hand over their sites. Answer: Residents are entitled to rental supports if there is no available resettlement site for land allocation to them 35 | T r a n g RESETTLEMENT PLAN Question 5: Graves must be located will be arranged at Dinh Trang Cemetery or Phu Ly City’s Cemetery. According to Vietnam people’s customs as well as religion at locality, the best period for movement of graves is on September, October and November of annual calendar. Hence, the calculation of compesantion cost for movement of those graves include new construction cost, spiritual cost and other incidental cost. 109. Disclosure of information: Once finalized, the draft RP has been disclosed at the Head Office of the Phu Ly City People's Committee, the Head Offices of the People's Committees of Lam Ha ward, Liem Chinh ward and Luong Khanh Thien ward on November 19, 2015. Information about the disclosure is published in the portal of Phu Ly City. 110. After the investments are approved, the public media, including television programs and local newspapers will widely introduce project proposal at public locations, including the information on the objectives, components and operations of the Project. 9.3. Consultation During Project’s Implementation stage 111. Information dissemination and community consultation: during the project implementation, the PMU/DPC/DCRC, with the support of the project consultants, will undertake the following tasks: (i) Providing information to relevant agencies at all levels throughout training workshops. Provide detail information on the project policies and implementation procedures. (ii) Organizing information dissemination and consultation to all affected persons during the project implementation. (iii) Updates the unit prices based on the results of replacement cost survey, and reconfirm the scale of land acquisition and impacts on properties based on the results, consultation to affected persons (iv) Then, Council/ Board Compensation, Resettlement city will apply prices, calculate compensation rights, and complete calculated compensation plan for each household affected. PMU will present information about entitlements directly to the affected people during the next visits to the household. (v) The property compensation plan finalizes affected assets and compensation entitlements of households, which must be signed by affected persons to demonstrate their concurrence with the evaluated results. Any questions of affected persons on the content of the compensation plan must be recorded at this time. (vi) A letter/questionnaire about resettlement options will be given to all PAPs entitled to relocation (a) to inform them about resettlement options (a clear explanation of the consequences of choosing each option will be given), (b) to request that PAPs confirm their choice of resettlement option and their preliminary confirmation of resettlement site location, and (c) to propose the PAPs to clarify sevices that they are using such as education/health/market and distance of access to those services to ensure development of the future infrastructure service. (vii) Consulting affected people about their desire for the rehabilitation plan. This will be applied for severely affected and vulnerable people. The DCRC will notify 36 | T r a n g RESETTLEMENT PLAN affected persons the plan and their entitlement to receive technical assistance before requesting them to make clear their desire on the rehabilitation support. 112. Community Consultation: Before starting the detail design, communities meetings in each commune are carried out to give information regularly to PAPs and create opportunities to discuss openly on policy and procedure of resettlement in affected areas. All affected households are attended and suggest their ideas. Related information and documents on project content, impacts and rights of PAPs are sent to affected people directly in meetings. 113. Compensation and rehabilitation: Newsletter will be sent to every household affected with time, place, and procedure for payment of compensation. Affected and vulnerable households will be met directly to confirm their desire on rehabilitation support. 114. Information Disclosure: In addition to public notification to affected persons and their community, this resettlement policy framework and resettlement plans must be available in the public information city, district and ward/commune centers, the Info Shop in Washington DC and Vietnam Development Information Center (VDIC) in Hanoi 9. INCOME RESTORATION PROGRAM 9.1. Income restoration policy 115. In completing the project, apart from the construction of works bearing significant socio-economic meaning, the concern about how project-displaced persons could have normal life is the ensured project sustainability. The objective of income recovery program is to aid subjects-households incurring income damages due to project implementation: (i) changed occupations as a result of loss of agricultural land and (ii) terminated/affected production and business as a result of loss of premises, means of production et. Incomes shall be recovered the same as those before project implementation, or incomes shall be increased further. Make sure that displaced persons will adapt themselves to new conditions at the soonest. 116. The project ensures full compensation policy and assistance at replacement cost for the affected land, buildings and assets. Besides, policies to support income restoration for those DPs are guaranteed and stated fully in the compensation, assistance and resettlement policy framework of the project approved by the Government of Vietnam (GOV). 9.2. Income restoration measures 117. From experiences, if the vulnerability due to resettlement is not mitigated, the outcomes of development projects regularly lead to severe environmental and socio- economic problems: As for affected households in consequence of agricultural land acquisition (particularly affected households that lose 20% of total agricultural area), production systems are destroyed; people must face the loss of production tools, for their production assets are affected or they have no alternative income sources. As for displaced or resettled households, their income sources are affected in several first months after displacement if their income is based on land or business site. They relocate to an environment in which it fails to apply their production skills; higher competitiveness, weak community, and weak social system exist; relatives are scattered; culture, tradition benefits, and mutual assistance are reduced or lost. In addition to those, people who have high social standings and/or materials, economic conditions find it more difficult to recover than 37 | T r a n g RESETTLEMENT PLAN others; therefore, they are more likely exposed to risks and exhaustions; these people fall in groups of vulnerable households. 118. With such special features of the MCDP Phu Ly, the income restoration will focus on the following directions: vocational training and job creation; For DPs losing income and/or business/productive assets; for vulnerable group; financial support (financial support for self-business self-employment). They are: 9.2.1. Vocational training and Job creation 119. The MCDP Phu Ly would recovery permanently 44,729 m2 land, in which agricultural land is 3,962m2 influenced on lives of many farmers. Therefore, besides compensation policies for land, construction and property affected by replacing cost, there are supports:  Support by cash and vocational trainning: the support will be two times (200%) of agricultural land price for the whole acquired area (the land for annual tree only) 9.2.2. Support for vocational training and job creation: 120. Application to people in the working age directly affected agricultural production above and having the demand of vocational training, job change, job search, job creation loans under Decision 52/2012/QD-TTg of the Prime Minister, including:  Support for vocational training: + Support for vocational training costs as taking the course: (i) short-term vocational courses (elementary level or vocational training under 3 months) under the scheme of vocational training for rural workers until 2020 of the government; (ii) Intermediate Vocational colleges. + Also supported credit loans for pupils and students under the current regulations .  Support for job creation in the country: + Consulting apprenticeship, free job at the job introduction Center under Labour - Invalids and Social Affairs in Hanoi ; + Prioritize loans from the National Fund for Employment  Support to work at abroad under contract: + Support 100% tuition of vocational training and learning foreign language, knowledge; + Support 100% of th costs for heath examination, passport, visa and judicial records before going to work abroad; + Support for daily meals while attending school + Support for travel costs to and back from for students stay away the study place over 15km + Also have got loans with interest rates from the Bank for Social Policies to cover the necessary expenses to go to work for a period abroad 121. Funds to support vocational training at the secondary level, colleges are arranged from the funding for job transition in training schemes, job change and be counted 38 | T r a n g RESETTLEMENT PLAN in the total funding of investment projects; Funding support for workers who go to work abroad is arranged from the Land Development Fund of the locality. 122. Priorities of jobs: Project will give priorties for capable people, including men and women, during project construction and operation: The Project will take into account and give priorities to members of relocated households who work as construction workers or factory workers… In addition, the Ha Nam province also have job placement centers under the Department of Labor, Invalids and Social Affairs operating very effectively in training and job placement for workers in the province such as:  Ha Nam Job Center (Add: Tran Quang Khai Str., Le Hong Phong ward, Phu Ly city. Tel: 03513.854.362)  Center for employment services in Phu Ly city (Add: Tran Quang Khai Str., Le Hong Phong ward, Phu Ly city. Tel: 03513.858.764)  General Technical and Vocational Center in Ha Nam province (Add: Tran Van Chuong Str., Le Hong Phong ward, Phu Ly city. Tel: 03513.854.108) 123. Arrangement and implementation: Parallel to the dissemination of information on projects, publish, publicly posted information relating to compensation and site clearance, the project will also integrate to disseminate information on training programs to affected people, taken from the aspirations of people from there to the list of students registered to participate in various training programs of the Ha Nam vocational college. List of participants will be transferred to the Ha Nam vocational college with funding for training to meet the vocational aspirations, job change of the households affected by land acquisition of the project. 9.2.3. Support for Vulnerable group 124. Vulnerable group special groups who can be unequally affected or have a risk of being impoverished because of resettlement impacts, including:  02 poor households;  04 policy/revoluntion devoting household. 125. Clearly in areas affected by the project, inevitable part of people is in disadvantaged areas than surrounding communities. These objects often fall into the households headed by women having dependents, households with disabled people, households were below the poverty line, and landless households. These are the most vulnerable groups of land acquisition of the project. They may be people who can hardly be competitive on the labor market when their livelihoods depend on the lost land. Therefore, there should be programs to specially support for this group. These programs may coincide with the general assistance programs to all households affected by the project but there are certain priorities for vulnerable households. 126. Specific support policies include:  Regarding the poor or vulnerable DPs who have no other residential land in the same as their affected ward/commune, the project will provide (i) a residential plot of minimal size at a common resettlement sites or an individual resettlement site, with full titled to the land; or, (ii) on request of the DPs, as their informed choice, an assistance amount corresponding 60% of the replacement cost for them to rearrange relocation by themselves. 39 | T r a n g RESETTLEMENT PLAN  Giving priority to vocational training or job placement .  Support food or material for households with special difficulties and inability to labor (in conjunction with social protection policies of locality)  Households and individuals whose land is acquired (including households live on public land or leased land): (i) the poor are supported VND 6,000,000 per household; (ii) policy/revolution devoting households will be supported VND 3,000,000 per household. 9.2.4. Living rehabilitation for HHs loss agricultural land: 127. In addition to cash compensation at full replacement cost for the lost land of (100%) (or for the entire affected plot if the remaining area of the plot is not economically viable), the Project will provide Living Rehabilitation: 15,000 VND per m2 agricultural and acquisition 9.2.5. Support fund: 128. Recent years, the Vietnam Bank for Social Policy (VBSP) in the Hanam Province often coordinate with other agencies, political and social organizations implementation of credit programs to provide preferential loans to poor households and other policy objects. So, many households have escaped poverty, appearance village in Hanam is prosperity. 129. The Vietnam Bank for Social Policy (VBSP) in the Hanam Province are implementing five credit programs: loans to poor households, jobs, labor export, students - students, clean water - sanitation in rural areas. At the same time, the Phu Ly city also has fund for loan as "National Fund to create jobs." Some information about these programs are summarized in the following table: Table 10. Vietnam Bank for Social Policy No Objects Loan value. Loan term I – Preferential credit policies on the poor and other policy objects 1. For manufacturing and business Up to 30 million VND Maximum is 60 per household months (5 years) 2. Housing repair loans Up to 3 million VND per household 3. For electric lighting installation Up to 1.5 million VND per household 4. For construction and renovation Up to 4 million VND program to clean water and per work sanitation for rural households residing in villages / towns. Each household may borrow up to 02 types of works (01 clean water 40 | T r a n g RESETTLEMENT PLAN work, 01 sanitation work) 5. For children attending the school Up to 15 million VND maximum is 13 level, vocational training at per pupil/student years universities, colleges, high schools and vocational 6. For labor export. Up to 30 million VND Maximum equal per labor labor export time II – National Fund to create jobs 7. For household Up to 20 million VND Maximum is 60 per household months (5 years) 8. For production and business Up to 500 million establishments VND per project 130. Loan procedures:  For loans of objects at items 1, 2, 3, 4, 5, 6, and 7: The written loan application for loan pre-printed form issued by VBSP, sent to the team leader of the savings and loan (staff of ward/commune) or VBSP’s staff  For production and business establishments (at item 8): + Preparing project: objects, need to borrow loan, must prepare a project, loan documentation as directed by the local VBSP . + The local VBSP is responsible to appraise to ensure criteria such as making new job and loan preservation, submit to competent agency approving project . + Competent to approve project: Chairman of the Phu Ly PC and the heads of the central agency where implement the program will issue decisions to approve the project borrowed loan from the Fund; The Hanam PPC decentralize to the district/city PCs issue decision to approve the loan project, ensuring quick and convenient for the borrower. 131. Furthermore, depending on needs, expectations, human and material resources of households, each household involved that is qualified may choose a livelihood source as its secondary income source, particularly if it is impossible for the primary livelihood to generate immediate daily income such as livestock and crop productions. The secondary livelihood will help households maintain their daily life. The main content of the program is to ensure that each household is entitled to a means which maintains the daily life. 132. For the 12 severely affected households who will be losing over 20% of agricultural land for additional investments of the project: when asked about demand/need/occupational selection of those households, the results recorded were following: i) 67% of those households request financial assistance and cultivation technique to continue their agricultural working on the remaining land; ii) 83% of thouse households wish to be supported by project in vocational training and seek new employment to members in working age in their family who have not stable jobs yet; iii) 33% of those households request a loan to do other business. Thus, the living rehabilitation program supports of the local/project as mentioned above will basically 41 | T r a n g RESETTLEMENT PLAN meet the needs/demands of the households. To maximize the effectiveness of the program, communication of the project to the people will continue to be undertaken to provide information about the project as well as the program supports recovery of income during project implementation. 133. The city will have additional support measures (if necessary) to assist households affected by land acquisition for the project to restore their life if they can not restore. 10. RESETTLEMENT ARRANGEMENT 10.1. Demand on resettlement 134. It is estimated that nearly 109 households shall be affected by the project, including 15 households (accommodating 49 inhabitants) will be relocated, focus on 02 investments (North Chau Giang river embankment and DT491 detour); details are shown in table below: Table 11. Demand on resettlement Sym. Investment Household Inhabitant Land plots ii North Chau Giang embankment 12 43 12 iv DT491 detour 3 6 3 Total 15 135. In all investment items of the MCDP Phu Ly, there aren’t any items which construct resettlement site. Following the plan in Ha Nam province, the ward/communes (Lam Ha, Liem Chinh, Quang Trung) will be developed new = urban area or resettlement site under other project to serve demands on resettlement of many projects in every ward/communes. Details on the principle of resettlement and resettlement / new urban area are presented in section 10.2. 136. Compensation and Site Clearance Committee and Project Management Unit assisted by People’s Committees of wards/communes will investigate and updated the list of affected households and displaced households moving to resettlement sites on the basis of determination of the needs of affected households. 10.2. Resettlement site 137. Based on the consultation with Ha Nam province’s government and the DPs to be relocated, resettlement sites are proposed and selected following the below criteria:  Locations for the construction of resettlement sites are in accordance with the City/Provincial Planning and the construction of resettlement sites is an activity assisted by the Citty’s residential planning in order to rehabilitate landscapes ;  Resettlement site will ensure better living environment that the previuos HHs had Relocated households will be displaced close to their current residences . , to ensure practices of displaced households remain stable, undisturbed, and unchanged. 138. The project also conducted community consultation with the households / communities who live around the areas of the proposed resettlement sites. Local people are fully supportive to develop the site in proposed location because in parallel with the development of the resettlement area, infrastructure investment will be improved . 42 | T r a n g RESETTLEMENT PLAN 139. For the 12 relocated households in Lam Ha ward: Ha Nam PPC has approved and delivered over Phu Ly CPC for the construction of Dinh Trang resettlement site to arrangement resettlement for the households with complete technical infrastructure at prolonged Le Cong Thanh road, Dinh Trang, Lam Ha ward, Phu Ly city, Ha Nam province. the entire land for project construction is vacant with 3,585 m2 managed by Lam Ha ward PCs. Therefore, Sub-project does not have clearance. Implementing time: from the second quarter, 2015 to early 2016. Dinh Trang Resettlement area has invested for 3 construction location to meet 30 plots as below: Location Number of Area for each resettlement plot plot Symbol Feature (m2/plot) (plot) Location 01: Land Area: 1,339.5m2 18 From 68.75m2 to plots CL-A 82.55m2 Boundaries: - North borders residential area ; - South and East bounderies with the planning road; - West bounderries the discharging gate of Trang Lac II pumping station; Location 02: Land Area: 450,7m2 6 From 70.26m2 to plots CL-B 76.54m2 Boundaries: - North borders the Southern planning road of Lam Ha 2 lake; - South and East border residential area; - West borders Temple; Location 02: Land Area: 549,5m2 5 From 76.08m2 to plots CL-C 105.06m2 Boundaries: - Northeast borders perennial cropland; - Northwest borders the Southern planning road of Lam Ha 2 lake; - Southeast borders residential area; - Southwest borders alleys of residential area; 43 | T r a n g RESETTLEMENT PLAN Figure 1. Location of Dinh Trang Resettlement area: Land plots CL-B and CL-C 44 | T r a n g RESETTLEMENT PLAN Figure 2. Location of Dinh Trang Resettlement area: Land plots CL-A 140. For the 03 households on Liem Chinh ward PCs have to relocate: Ha Nam Province PCs have already constructed Liem Chinh Resettlement area belonging to Project: housing infrastructure investment (with 13ha) according to urban planning of Liem Chinh ward to serve people’s resettlement. Liem Chinh Resettlement area belongs to Me Noi residential quarter, Liem Chinh ward, Phu Ly city, Ha Nam province 10.3. Moving plans/ Resettlement 141. All of households have their house and/or recognized residential land affected, will be arranged in resettlement area, regardless of having their family-registration book or not. In the case of households/people who receiving resettlement land and their compensation paying is not enough to buy the minimum-size resettlement land plot, they will be supported with the balance. In the case if the households don’t want to receive their resettlement land, they will receive cash equivalent to the balance. 142. The households using land without recognized, who haven’t got any house to live and have the local government’s confirmation, will be considered to buy resettlement land. If they haven’t got enough of money, they can buy on credit granted by the Gov. 143. All relocated DPs will be provided by PPC and local authorities with information on alternative relocation sites and criteria used to select final relocation site covering:  Institutional and technical arrangements for identifying and preparing relocation sites of productive potential, location advantages, and other factors at least 45 | T r a n g RESETTLEMENT PLAN comparable to the old sites, with an estimate of the time needed to acquire and transfer land (as mentioned in Section 10.2)  Any measures necessary to prevent land speculation or influx of ineligible person at the selected sites.  Procedures for physical relocation under the project, including timetables for site preparation and transfer; and  Legal arrangement for regularizing tenure and transferring titles to re-settle.  Housing, infrastructure, and social services. Plans to provide (or to finance re- settles’ provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host population; including necessary site development, engineering, and architectural designs for these facilities.  Description of boundaries of the relocation area; and an assessment of the environment impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environment assessment of the main investment). 144. In case PAHs who have to relocate but they choose cash compensation and resettlement by themselves, they will receive additional cost for basic infrastructure development. 11. GRIEVANCE AND REDRESS MECHANISMS 145. DPs are entitled to the complaints relating to their interests and responsibilities in the project implementation: Entitlement to compensation, compensation policy and unit price, land acquisition, resettlement and other interests relating to the support program of rebuilding. The DP’s complaints should be presented in written documents. DPs can report their complaints in the PMU and PCs of commune/ward, urban district free of charges. 146. The project has established a grievance panel that independent from the City compensation board, consist of the city leader (s), the social safeguards of PMU (1-2 persons), mass organization/civil society/CBOs/NGOs (1-2 persons), Lawyer Union/associations … and DP representatives in order to ensure the equity for DPs in grievances Redress Procedure. The Grievance Panel’s function cost will be covered from project compensation’s administration cost. The PMU’s monthly monitoring report of compensation and clearance tasks and/or written complaint(s) (if any) will be provided to the panel timely for mediation and resolving timely as well as to allow the panel to monitor all complaints their resolving process. 147. The independent Grievance Panel will also be a place to receive any resident’s complaints regarding the project and support them in grievance process . 148. For vulnerable households/people with limited education (illiterate) ... The independent Grievance Panel will help to make their comments, questions or complaints into written papers and support them in grievance process. 149. Following the aforementioned arrangement, the grievance procedure will be:  Stage 1. Any persons who are unsatisfied with any aspect of land acquisition, compensation and resettlement, can report verbally or in written papers to 46 | T r a n g RESETTLEMENT PLAN Grievance Panel. They will be responsible for resolving the issue by docucument within 15 days. The independent grievance panel will, at stage 1 conduct community consultation meeting and/or face to face discussion, for mediation. If it is impossible to solve these complaints at the aforementioned step 1, the Grievance Panel will, at stage 2, propose the solutions to the complaints/grievances to the City authorities to issue complaint resolutions to the DPs.  Stage 2. If the DPs do not satisfy with the decisions of the city level, they can appeal to the Provincial People’s Committee within 15 days since they received decision from the city level. The PPC will provide a decision on the appeal within 15 days from the day it is lodged with the PPC.  Stage 3. If the DPs still do not satisfy with the decisions of the PPC on their appeals they can submit their cases to the district courts for review within 15 days since they received decisions from the province. 150. Above is the complaints procedure of the project, however, this process does not prevent the filing with the court at any time. Complainants will be free from administration charges and complaint charges. 151. A resettlement contact person at the PMU works directly with DPs as an informal first step prior to the grievance panel. He/she will also help illiterate/vulnerable people in logging their complaints, responsible for collecting household’s complaints and have the coodination with CPR, ward/commune and community to solve them. 152. Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved. 153. All GRC should maintain a system to register queries, suggestions and grievances of the DPs. All queries, suggestions and grievances and their resolution should be recorded and forwarded to the PMU and its functioning monitored monthly. All the cost of GRM establishing and functioning should be included in the project cost. 154. The information on Grievance redress mechanism will be fully informed to the DPs by appropriate measures . 12. IMPLEMENTATION ARRANGEMENT 155. The implementation of resettlement activities requires the involvement of agencies and organizations at the national, provincial, district and commune level. Each provincial people's committee will take general responsible for the implementation of the general policy framework and specific resettlement plan of the sub-project of that province. Compensation, Assistance and Resettlement Committees shall be established at district/province level according to the provisions of Decree 47/2014/CP. The provisions and policies of the RPF and the RAPs will form the legal basis for the implementation of compensation and resettlement activities in Medium Cities Development Project – Phu Ly city Sub-project. 47 | T r a n g RESETTLEMENT PLAN 12.1. Province PCs 156. Provincial People’s Committees (PPC) in each involved province is responsible or authorize city PC to set up and direct a provincial resettlement appraisal council in accordance to the needs of the project. The PPCs will take overall responsibility as follows: (i) Appraise and approve RAPs of their respective sub-projects after the final drafts are approved by the Bank ; (ii) Approve the land acquisition and allocation in the Project ; (iii) Make final decision and release unit prices for the compensation and assistance levels, and support policies for affected persons and vulnerable groups based on this Policy Framework and the approved RPs; (iv) Direct the coordination among the concerned agencies and the provincial departments to implement the compensation, assistance and resettlement in accordance with the approved RPs; (v) Provide full budget for the resettlement activities; (vi) Ensure that the resettlement activities of the sub-project are in accordance with the Policy Framework and the approved RPs. 12.2. City PCs 157. The City People's Committee is responsible for determining legal rights to land and structures on land, land acquisition and land allocation (residential land), appointing members of the Board/Council of resettlement of the city. City’s Resettlement Committees 158. The compensation and resettlement committee/council (CRC) of the city is responsible to: (i) Plan and implement all daily RP activities within the city. (ii) Responsible for directing and monitoring the Resettlement specialist in charge of inventory of land acquisition, completion of compensation plans, review of the compensation plans to submit the PCs of provinces or cities (if authorized) for approval and coordinate with the PMU to pay compensation directly to each affected persons after receiving compensation fund; (iii) Responsible for coordinating with relevant units for conciliation and resolvement of complaints by project affected people on compensation policy and compensation rights; (iv) Establish, if necessary, the commune/ward CRCs and direct them in implementing the RP activities; (v) Take special care to the needs and aspirations of the particular groups of people (ethnic minorities) and the vulnerable people (children, the elderly, the householders who are female/single); (vi) Cooperate closely with the independent monitoring agencies. 48 | T r a n g RESETTLEMENT PLAN 12.3. Project Management Unit (PMU) 159. The Project Management Unit (PMU) will be established by the project owners for their subprojects. The Project Management Unit is a permanent agency responsible for the implementation of resettlement plan of the project. It is agreed that experienced qualified PMU staff will be selected to respond to the project social – environmental safeguards. They need to comply with established procedures from the initial stage. Staff and their professional profile and training required will be agreed with the WB. The PMU responsibilities are: (i) On behalf of the project owner or the city, implement and monitor all resettlement activities within the project, under the management of the PPC or the city PC. To prepare, coordinate and monitor the RP; (ii) To update / prepare or update the RPs in accordance with a the Ressettlement Policy Framework and submit them to the PPC/city PC and WB for approval. (iii) To guide all RP activities of the city and wards/communes, following the policies and guidelines of the Project Resettlement Plan; (iv) To establish model procedures/processes regarding information campaigns and the relevant consultation organizations such as sending monthly letters to the communities on the Project activities. To coordinate with other components and other agencies involved in the RP, implement and monitor the resettlement; (v) To check and advise the PPC on the compensation prices of land and other properties, in coordination with other related government departments, agencies of the province, based on the principles of this Resettlement Policy Framework; (vi) To coordinate, supervise, and monitor the implementation of the RP activities in the province; (vii) To advise the city People's Committee, and the Resettlement Council for the establishment of a professional group resettlement planning and implementation including : carrying out the inventory, census, and economic assessments , elaborating compensation plans, preparing e the compensation summaries, and setting up the compensation and resettlement plans to submit the city Resettlement Council for approval. This professional group is directly under the instruction and monitoring of PMU and the city CRCs (viii) Preparation and construction of resettlement sites and establishing procedures for land allocation for relocated households; management of resettlement sites to serve the resettlement for households and individual being relocated within the project. (ix) To establish a contact mechanism to ensure that the technical assistance and logistics are suitable for the implementation of compensation and resettlement; (x) To set up database and the eligibility criteria for affected persons for every components and subcomponents as well as for the entire project. (xi) To establish procedures for internal monitoring to supervise the compliance with the project policies. (xii) To establish procedures for monitoring coordination between contractors and local communities and ensure quick identification and compensation for impacts on public and private properties during the construction. 49 | T r a n g RESETTLEMENT PLAN (xiii) To employ, monitor, and implement the recommendations of the independent monitoring agencies and independent price appraiser. (xiv) To set procedures for quickly implementing necessary mechanisms for resolving complaints and grievances. (xv) to provide project employment related opportunities for affected people (xvi) To take over land acquisition from households and transfer to contractors units (xvii) Selection and mobilization the independent land appraiser to conduct RCS which is basic for Ha Nam PPC to define the compensation price at market rate for the project . (xviii) To cooperate closely with the independent monitoring agencies; and independent price appraiser (xix) To define reporting periodical system on resettlement activities to the WB . (xx) A resettlement contact person at the PMU works directly with DPs as an informal first step prior to the grievance panel. He/she will also help illiterate/vulnerable people in logging their complaints. The aggrieved APs will be exempted from any administrative and legal fees that might be incurred in the resolution of grievances and complaints. More details about his/her responsibility will be described in a ToR for social safeguard key staff. 12.4. Ward/commune PCs 160. Assign tasks for communal officials to support the RP activities in their wards/communes: (i) Support other units, organizations such as the PMU for information dissemination and organization of community meetings and counseling affected persons’ comments; (ii) Support other organizations and units, including the PMU, in the demographic survey, cost/replacement price survey, detail measurement and inventory survey, and other resettlement activities; (iii) Participate in all activities of land acquisition and allocation, resettlement, recovery support, and social development support; (iv) Support affected persons in all RP activities and living standard restoration. Notify DPs the compensation schedule and monitoring the compensation implementation and sign on contracts of compensation with DPs; (v) Ensure the adequate implementation of mechanisms of resolving complaints to affected persons. To keep records of document on complaints. Support and advice and guide affected persons toresolve complaints. (vi) Certify the origin of land use of organizations, agencies, units and individuals, households affected by the project. 12.5. Project Displaced Person (DPs) 161. The DPs are responsible for : (i) Coordinating with survey teams in carefully checking and signing off their affected lands and other assets as well as their entitlements; 50 | T r a n g RESETTLEMENT PLAN (ii) Participating in all phases of the RP preparation and implementation and give feedback for improving quality of the RP and solutions for implementing the RP smoothly; and (iii) Moving to new sites in a timely manner after receiving full entitlements. 13. IMPLEMENTATION SCHEDULE 162. Implemenation schedule for activites of land acquisition of Project “ Vietnam medium cities development – Phu Ly city sub-project” is presented in table below: (i) The activites of planning for completed resettlement plan; (ii) land acquistion activities; (iii) independent monitoring activities Table 12. Implementation plan for activities of land acquistion and land compensation Activities Plan Information disclosure During Project construction process The preparation work: Establishing council Completed in Quarter IV/ 2015 for compensation, support and resettlement; training for relocation staff, etc.. Surveys and detailed measurement Completed in Quarter IV/ 2015 Update replacement unit Completed in Quarter IV/ 2015 Making compensation and detailed Completed in Quarter IV/ 2015 clearance Payment for compensation and support Completed in Quarter IV/ 2015 Handover and construction Quarter I/2016 Internal and independent monitoring After construction in 1 months until finish construction activites Final monitoring of independent monitoring 6 – 12 months after finish construction agency activites 51 | T r a n g RESETTLEMENT PLAN 14. ESTIMATED COSTS AND BUDGET 14.1. Replacement cost survey 14.1.1. Replacement cost study 163. The important objective of replacement cost study is to ensure unit prices used for calculation of compensation for all affected assets as replacement price. This objective can be achieved through detailed surveys of market and/or other elements such as production capacity, equivalents, values of replacement assets, and disadvantages of displaced persons…, and simultaneous comparison with and evaluation about unit prices issued by Provincial People’s Committees.  Determination of land price at the present  Determination of plants and crops at the present  Determination of unit prices of materials and houses and structures construction workers at the present  Preparation of replacement cost solutions for land, assets, plants, and crops as of the date of study . 164. Replacement cost survey has been conducted by the Consulting Team through numerous channels such as households living in affected areas and neighboring areas, local officials, local real estate agencies from October 25, 2015 to October 25, 2015. Replacement cost survey has been conducted through  direct communications with households living in affected areas and neighboring areas to collect information about land price, works assessment based on actual local conditions through utilization of a set of structured questionnaires to search for information about land prices and asset costs located within the area;  communications with local authorities, determination of lands, crops, and other assets in affected areas, collection of legal documents issued, including sets of land unit prices and unit prices of other assets (inclusive of assistances)  Approach to local real estate agencies, access to local real estate websites for information search . 14.1.2. Survey results  Unit price for land compensation  There have been almost no transfers and trading of agricultural land and other types of land over the past few years. Agricultural land transfers only take place within families, namely relatives without (or not yet) certifications by People’s Committees of communes, thus it is impossible to determine prices of such transfers.  Some households live in communes where residential land and garden transfers are transacted, but mostly road-facing land and center land of communes . + In Me Noi Hamlet, Liem Chinh ward: Several new purchases of lands at the end of 2014 were made at a cost of 5,500,000 – 6,500,000 VND/m2. According to their estimation, this is popular cost of land plot in area and costs will be maintained in this year 52 | T r a n g RESETTLEMENT PLAN + In Lam Ha ward territory: Land prices vary by location.  Land price from Le Hoan road to Lam Ha hamlet PC is 3,000,000 VND/m2  However, land prices at hamlets and villages is under 1,000,000 VND/m2  According to their assessment about compensation price of ward PC (Decision No.50/2014/QD-UBND), it is appropriate with actual land price at locality  Unit for structure  Learning the unit price for architectures of affected areas faces many difficulties. Recently, construction material prices fluctuate erratically. Due to the diverse types of housing structures in the province so applied unit prices will be calculated for each category accordingly.  As for construction works of people, discount is excluded, costs equivalent and equal to new construction costs are ensured .  Unit price for crops and livestock  In respect of crops and livestock, the Provincial People’s Committee issued Decision No. 49/2014/QĐ-UBND dated November 20, 2014 regarding issuance of compensation unit prices for crops and livestock in case of land acquisition by the State, including detailed unit price for each terrestrial crop  Compensation unit prices for crops and livestock are recognized appropriate to actual costs . 14.1.3. Conclusion and recommendation  Conclusion 165. Compensation unit prices as a result of land acquisition and site clearance have been prepared by Ha Nam Province every year and adjusted according to market changes; however, such adjustments have not been made in a timely manner; 166. In areas affected by the Project, the directions basically affects agricultural land and parts of residential land. In such areas, there is almost no real estate market and few trading transactions relating to land and assets hereon take place; 167. In fact, land compensation price in accordance with Decision No. 36 promulgated by the Provincial People’s Committee is lower than the replacement cost . 168. Compensation prices for houses, structures:  Method of calculating compensation for houses and structures identified in the Decision No.01/2014/QD-UBND dated 9 January 2014 Value of new An amount equal to the Compensation for = construction of houses + percentage% of the value of houses and structures and structures (-) existing houses and structures (if any) In which: 53 | T r a n g RESETTLEMENT PLAN + The value of new construction of houses and structures = Building area (floor) x Unit price of new construction x Compensation ratio by region. (Compensation ratio by region means factor prices between regions in the province over the unit prices issued by PPC because of freight, average prices of building material from production facilities/ agent to construction site). + An amount equal to the percentage % of the value of existing houses and structures is increasing or decreasing account when applying unit prices for different types of houses and structures mentioned in brackets on the application. It is from 5 to 20%. + In the process of calculating compensation for structure works fine arts, technical higher than regulation in table of prices shall be added from 5 - 15% compared to the standard price .  So, with new construction unit price issued by PPC annually, the dynamic method of calculating compensation for houses and structures mentioned above, Compensation prices for houses and structures approved by Ha Nam Province’s People’s Committee are quite suitable for and close to replacement costs. 169. Compensation prices for crops and livestock approved by Ha Nam Province’s People’s Committee are quite suitable for and close to replacement costs .  Recommended unit price to be applied: 170. Proposed unit price for land compensation:  For agricultural land: Base on productivity, the Consulting Team recommends to apply compensation based on unit price approved by Ha Nam Province’s People’s Committee in accordance with Decision No. 50/2014/QĐ-UBND dated December 19, 2014; price is applied for agricultural land used for annual crops and aquaculture, which is 58,000 VND/m2, 70,000 VND/m2 for land used for perennial crops  For residential land : Location Unit price based on Decision Proposed unit No 50/2014/ QĐ – UBND (VND) price (VND) Liem Chinh ward 5,500,000 ÷ 6,500,000 6,500,000 (Segment of Tran Hung Dao road) Lam Ha ward 3,000,000 3,000,000 (Segment of Nguyen Chi Thanh road) Lam Ha ward 980,000 ÷ 1,300,000 1,300,000 (inter-village road, alley road) 171. Unit prices for houses and structures: Applying the compensations based on unit prices approved by Ha Nam Province’s People’s Committee on the time point of land acquisition; 172. Unit prices for crops and livestock: Applying the compensations based on unit prices approved by Ha Nam Province’s People’s Committee on the time point of land acquisition; 173. When calculating of compensation, compensation prices will be updated to reflect replacement costs and replacement costs attributable to the compensation made to affected households. The unit prices will be determined by an independent appraiser before the application for payment of compensation for affected organizations/individuals. 54 | T r a n g RESETTLEMENT PLAN 14.2. Cost estimation 174. Cost estimation for RAP Implementation includes: a. Cost for the compensation, assistance and resettlement: includes of the items which were described in the entitlement matrix. b. Cost for independent monitoring : + Cost of independent monitoring of RP implementation is estimated as at 1% in maximum of total cost of implementation state - DMS, compensation and rehabilitation. + The interested independent monitoring consultant will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring consultant. c. Cost for management included detailed measurement survey, land acquisition documentation, independent land appraiser… Cost of management to implement site clearance is estimated as at 2% in maximum of total cost of compensation and rehabilitation. d. Cost of contingency: it is learned from the implemented projects; the rate for contingency should be at about 10% of total cost of compensation and RAP preparation. The contingency budget of will be used in cases of adjusting compensation rates due to inflation, or any adjustment during implementation of the approved RAP. 175. Total estimated cost for RAP implementation is presented in table below: Table 13. Total estimated cost for RAP implementation Amount Exchange rate: No. Item Unit Quantity Unit price 22,280VND = 1 USD VNĐ USD I. Investment iv –Embankment of North riverside of Chau 6,705,920,000 300,984 Giang river 2 1 Compensation for land m 716 1,300,000 930,800,000 41,777 2 2 Compensation for house m 250 3,385,000 846,250,000 37,982 Compensation for structure 3 3 m 2,000 1,485,000 2,970,000,000 133,303 works Compensation for crops, 4 tree 358 300,000 107,400,000 4,820 trees 5 Support for movement HH 5 10,000,000 50,000,000 2,244 6 Support for renting house HH-month 40 2,000,000 80,000,000 3,591 Support for embellishing 2 7 m 27,810 58,000 1,612,980,000 72,396 annual crops Compensation for grave 8 grave 19 5,710,000 108,490,000 4,869 relocation II. Investment ii – Road connecting from medical unit to D4- 785,061,000 35,236 N7 road 2 1 Compensation for land m 3,959 58,000 229,622,000 10,306 55 | T r a n g RESETTLEMENT PLAN Compensation for crops, 2 2 m 4,090 9,000 36,810,000 1,652 trees 2 3 Support for living stability m 3,959 15,000 59,385,000 2,665 Support for vocational 2 4 m 3,959 116,000 459,244,000 20,612 training III. Investment iii – DT491 detour 13,440,982,000 603,276 2 1 Compensation for land m 683 6,500,000 4,439,500,000 199,259 2 2 Compensation for house m 240 3,385,000 812,400,000 36,463 Compensation for structure 3 3 m 3,500 1,485,000 5,197,500,000 233,281 works Compensation for crops, 4 tree 3,115 750,000 2,336,250,000 104,859 trees Support for embellishing 2 5 m 4,879 58,000 282,982,000 12,701 annual crops Support for embellishing 2 6 m 4,205 70,000 294,350,000 13,211 perennial crops 7 Support for movement HH 3 10,000,000 30,000,000 1,346 8 Support for renting house HH-month 24 2,000,000 48,000,000 2,154 IV. Independent monitoring = 1%(I+II+III) 209,319,630 9,395 V. Management cost = 2%*(I+II+III) 418,639,260 18,790 VI. Sum (I +II+III+IV+V) 21,559,921,890 967,681 VIII. Contingency = 10%*VI 2,155,992,189 96,768 Total 23,715,914,079 1,064,449 176. Estimated cost for RAP implementation of the project is 1,064,449 USD. This estimate does not include the training cost which included in the investment amount for Component 4 of the sub-project. 14.3. Budget 177. In order to prepare the budget for the project costs, it is necessary to make preliminary cost estimation to ensure the PAP's livelihood restoration. Cost for RAP of each sub-project will be calculated based on updated compensation unit prices and cost for organization of compensation, assistance and resettlement according to the RPF. The project’s land valuation will be at replacement cost, and which will follow an independent land appraiser recommendations. These unit prices must reflect market replacement costs of all affected assets at the time of RAP implementation. 178. Budget for compensation, resettlement and assistances and independent land appraiser for the subprojects will be taken from the project counterpart fund. Training cost for RP implementation and independent monitoring will come from IDA fund. 15. MONITORING AND EVALUATION 15.1 Monitoring 179. Monitoring is a continuous evaluation process of the project implementation which is related to the unified implementation schedule on the use of the project inputs, infrastructures and services. Monitoring provides concerned agencies with continuous reflections on the 56 | T r a n g RESETTLEMENT PLAN implementation status. Monitoring determines the reality, successful possibility and arising difficulties as soon as possible to facilitate the due adjustment in the project implementation. 180. Monitoring includes 2 following purposes : (i) Verify whether the project activities complete efficiently or not, including quantity, quality and time. (ii) Assess whether these activities reach the objectives and purpose of the Project or not, and how much do they reach. 181. The executive agency (PMU) as well as the independent monitoring agencies which are contracted with the PMU shall monitor and supervise the RP implementation regularly. 15.2 Internal Monitoring 182. Internal monitoring of the RP implementation of the sub-projects is the main responsibility of the implementation agency with the support of the project consultants. The implementation agency will monitor the progress of RP preparation and implementation throughout the regular progress reports. 183. Internal monitoring aims to: (i) Ensure that compensation payment for affected households for the different types of damage are implemented according to the compensation policy agreed in the RPF and RAP. (ii) Ensure that resettlement activities are implemented according to the compensation policy agreed in the RPF and RAP. (iii) Determine whether the conversion process, income restoration measures and resettlement assistance are provided on time or not. (iv) Evaluate whether the income restoration supports have been provided or not yet and propose corrective measures if targets of income restoration for households are not achieved. (v) Disseminate public information and consultation procedures. (vi) Determine whether the complaint procedure has been followed or not and there is any outstanding issue need the attention of management or not. (vii) Priority for interests and needs of affected people, especially poor and vulnerable households (viii) Ensure transition between relocation, clearance and begin construction of civil works so smoothly and that construction area will not be handed over until affected households have been compensated, support and resettlement satisfactory. 184. The executive agencies will collect information every month from the different resettlement committees. A database tracking the resettlement implementation of the Project will be maintained and updated monthly. 185. The executive agencies will submit internal monitoring reports on the RP implementation as a part of the quarterly report they are supposed to submit the WB. The reports should contain the following information: 57 | T r a n g RESETTLEMENT PLAN (i) Number of affected persons according to types of effect and project component and the status of compensation, relocation and income recovery for each Investment. (ii) The distributed costs for the activities or for compensation payment and disbursed cost for each activity. (iii) List of outstanding Complaints ; (iv) Final results on solving complaints and any outstanding issues that demand management agencies at all levels to solve. (v) Arisen issues in the implementation process. (vi) RP Schedule is actually updated. 15.3 Independent Monitoring 186. Objectives. The general objectives of independent monitoring are to periodically supply independent monitoring and assessing results on the implementation of the resettlement objectives, on the changes of living standard and jobs, DPs income and social foundation restoration, effectiveness, impacts and sustainability of APs’ entitlements, and on the necessity of mitigation measures (if any) in an attempt to bring about strategic lessons for making policy and planning in the future. 187. Responsible Agencies. In accordance with the World Bank requirements for consultant employment, PMU will hire an organization for the independent monitoring and evaluation of RPs implementation. This organization is called the Independent Monitoring Agency (IMA) which expertises in social science and has experiences in independent monitoring of RP. The IMA should start their work as soon as the project implementation comments. 188. Monitoring and Evaluation Objectives. The following indicators will be monitored and evaluated by the IMA, including but not limited to: (i) Payment of compensation will be as follows: a) full payment to be made to all affected persons sufficiently before land acquisition; (b) adequacy of payment to replace affected assets. (ii) Provision of assistance for DPs who have to rebuild their houses on their remaining land, or building their houses in new places as arranged by the project, or on newly assigned plots. (iii) Support for recovering income sources. (iv) Community consultation and public dissemination of compensation policy: (a) DPs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the IMA should attend at least one community consultation meeting to monitor community consultation procedures, problems and issues that arise during the meetings, and propose solutions; (c) public awareness of the compensation policy and entitlements will be assessed among the PAPs; and (d) assessment of awareness of various options available to DPs as provided for in the RPs. (v) Affected persons should be monitored regarding restoration of productive activities . 58 | T r a n g RESETTLEMENT PLAN (vi) PAPs’ satisfaction on various aspects of the RP will be monitoring and recorded. Operation of the complaint mechanism and speed of complaint settlement will be monitored. (vii) Through the implementation, trends on living standard will be observed and surveyed. Any potential issues in the recovering living standard are reported and suitable measures will be proposed to ensure the project objectives. 189. Appendix 4 of this RPF presents the indicators for monitoring and evaluation to be implemented by IMA, including but not limited. This indicators will associate with other qualitative and quantitative parameters through survey, investigation to make a tool for evaluation and analysis process of influence to project throught periodic reports and it will be presented in monitoring reports. 15.4 Methodology for Independeny Monitoring 190. Sample Survey  A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. Monitoring will be on a sample basis. Scale of the survey sample may cover 100% displaced households and severely affected households, and at least 20% of the remaining households.  The surveys should include women, elderly persons, and other vulnerable target groups. It should have equal representation of male and female respondents . 191. Database Storage  The IMA will maintain a database of resettlement monitoring information. It will contain files on results of independent monitoring, HHs monitored and will be updated based on information collected in successive rounds of data collection. All databases compiled by the PMU and the WB will be fully accessible by the IMA. 192. Report  The independent monitoring agency must submit periodical reports every 6 months which states the findings in the monitoring process. This monitoring report will be submitted to the PMU, and then the PMU will submit to the WB in the form of appendixes of the progress report.  The report should contain (i) a report on the progress of RP implementation; (ii) deviations, if any, from the provisions and principles of the RP; (iii) identification of outstanding issues and recommended solutions so that the executive agencies are informed about the ongoing situation and can resolve problems in a timely manner; and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. 193. Follow-Up Monitoring Report  The monitoring reports will be discussed in a meeting between the IMA and PMU. PMUs will hold meetings immediately after receiving the report. Necessary follow-up activities will be carried out based on the problems and issues identified in the reports and follow-up discussions. 59 | T r a n g RESETTLEMENT PLAN 194. Ex-post Evaluation Report  In fact, this is the evaluation at a given point of time of the impact of resettlement and the achieved objectives. The external monitor will conduct an evaluation of the resettlement process and impacts 6 to 12 months after the completion of all resettlement activities. The survey questionnaires for evaluation are used based on the database in the project database system and the questions used in the monitoring activities.  Ultimately, a summary of ex-post resettlement evaluation included in Project Completion Report (PCR) will be prepared before closure of the Project. The evaluation covers project impacts (number of affected households, scope of land acquired by subproject, compensation paid to PAPs, any pending issues resulting from land acquisition and provides information if the PAP's livelihood is restored, or at least maintan to pre-project implementation.  Resettlement implementation cannot be considered complete until an ex-post evaluation and a project completion audit confirm that all the affected HHs have received fully all compensation, assistance and life restoration processes as planned. 60 | T r a n g APPENDIX 1 – ENTITLEMENT MATRIX DEFINITION OF No TYPE OF LOSS APPLICATION ENTITLED COMPENSATION POLICY IMPLEMENTATION ISSUES PERSON DPs will be entitled to: - If the viability of the remaining Permanent loss of - Land for land compensation is prioritized land is less than the minimum agricultural land User with legal or - If land is not available or per DP’s request, cash compensation for viable economic unit, then the 1 legalizable rights to acquired land at 100% of replacement cost, and entire piece of land would be use the affected land. - Cash compensation for crops and trees at replacement cost acquired and the DPs would fall under the next category. Land Users With (i) As priority, compensation "leased land for leased land" at If the value of remained Temporary or location acceptable to DPs, , or, if requested or there no reserved investment put by DPs on the Leased Rights to land to compensate "land for land", Cash compensation equal to affected land is undoubtedly higher Use Land that remained investment put on the land or 30% of replacement cost; than 30% of the land replacement cannot be legalized and, cost, the PMU and resettlement as long term land (ii) Cash compensation for loss of crops and trees at full sites will revise and adjust user replacement costs; adequately by case. (i) In lieu of compensation for land, the DPs will receive assistance corresponding 60% of land replacement cost. (ii) For poor and vulnerable, including landless, as priority, In case the DPs casually utilize the allocation of agricultural land equal per capita agricultural land in public land for growing commune as regulated by Decree 64/1993/CP, or, if there no land crops/trees, which is subjecting available for allocation or, on the DPs’ request as informed choice, acquisition by the project, then in addition to above, a package of vocational training and job she/he will not be compensated for creation will be two times in minimum of agricultural land price for land, but will be compensated for Illegal land users the whole acquired area (the land for annual tree only); and in case, crops and trees at replacement cost. households need a vocational training, they will be admitted to a Rehabilitation assistance will be vocational center in the province and are exempted from tuition fees provided to poor and for such training course (including level of primary, secondary disadvantaged DPs if the cash training and vocational college) for those in the working age (not compensation option will be applicable for those who enroll for a vocational training outside the applied. province). (iii) Cash compensation for loss of crops and trees at full replacement cost; 2 Loss of residential Land acquired User of the affected Cash compensation for land at (i) 100% of replacement cost of the VIWASE vii i RESETTLEMENT PLAN land without land. land acquired to the legal/legalizable users; (ii) support by cash structures built equivalent to the remaining values invested in such lands, or therein. equivalent to 50% of replacement costs of land to the users having no legal land use rights. (i) Cash compensation for land at (i) 100% of replacement cost of Land acquired the land acquired to the legal/legalizable users; (ii) support by cash with structures equivalent to the remaining values invested in such lands, or built therein and equivalent to 50% of replacement cost to the users having no legal the remaining land use rights. At the time of compensation, land is Reorganizing DPs. (ii) Compensation for affected structures at replacement cost; and, allowances will be adjusted to sufficient to (iii) If house/structure is partially affected, house users will be account for inflation. rebuild on compensated additional cost for repairing and restoring their structures as before or even better (similar to 20% of the total values of affected structures). (1) Compensation policy for land: (i) The DPs, who have legal or legalizable rights to the affected land, can opt to one of the followings: -The provision of replacement residential land at a location acceptable to the DPs with full land title without any cost; An amount of cash sufficient to develop basic infrastructure, Land acquired including access road, access to electricity, to water supply, with structures drainage, which at least are equal to conditions existed at the former built therein and location, or these facilities will be provided/developed by the the remaining project. At the time of compensation, land is not Relocating DPs. Or, on request as the DP's fully informed choice, allowances will be adjusted to sufficient to - Cash compensation for entire residential land at full replacement account for inflation. rebuild on. cost, plus the amount for infrastructure development. (ii) The DPs, who do not have legal or legalizable rights to the affected land, are entitled to the followings: -Regarding the DPs who already have residence somewhere else in the same ward/commune as where they are affected, the project will provide an assistance amount corresponding the remained investment on the land, or equal 50% of replacement cost. -Regarding the poor and/or vulnerable DPs (identified by MOLISA/local authorities and socio-economic survey) who have no VIWASE ii RESETTLEMENT PLAN other residential land in the same as their affected ward/commune, the project will provide (i) a residential plot of minimal size at a common RSs or an individual resettlement site, with full titled to the land; or, (ii) on request of the DPs, as their informed choice, an assistance amount corresponding 50% of the land replacement cost for them to rearrange relocation by themselves. (2) Compensation for affected structures at replacement cost; (i) Compensation at 100% of replacement cost of the affected The calculation of rates will be Houses/structur houses/structures. No deduction will be made for depreciation or based on the actual affected area House/structures es located in the Owners of Project 3 salvageable materials. and not the useable area. and graves project affected structures. (ii) in addition, a repairing cost, if house/structure is partially recovered area. affected, to restore it to former or better conditions. The tenants of State’s houses will be supported in cash equal to 60% of replacement costs of the affected house area and affected land area. The areas of houses/ structures legally owned and built by the DP themselves which have authorized permission will be compensated at their full replacement costs. In case, the construction of the structures have no authorized permission or violate the regulations, the assistance equal to 100% of replacement costs will be provided based on the PPC’s Decision. If the tenants request new Tenants renting houses or buying new houses, they are entitled to rent or buy a new apartment of the same area with their affected ones. The tenants who have leased a private house for residential purposes will be provided with assistance equal to the remaining rental contracted value, but not exceeding rental value for six months, plus transportation allowance of 1,500,000 VND for moving their belongings, as well as assistance in identifying alternative accommodation. For ownerless affected graves, Graves located PMU will sign a contract with an DPs are entitled to cash compensation for all costs of excavation, independent unit for compensation in the affected Owners of graves. movement, and reburial. and relocate them to new site areas. Loss of standing Owners of affected DPs are entitled to compensation for affected crops in cash at DPs will be given notice several 4 Crops affected. crops and trees crops replacement cost. months in advance regarding VIWASE iii RESETTLEMENT PLAN evacuation. Crops grown after issuance of the deadline will not be compensated. DPs are entitled to compensation in cash at replacement cost on the Owners of affected Trees affected. basis of type, age, and productive value. trees. (i) Compensation for loss of income during transition period, DPs will be given priority for equivalent average monthly net income at least for six (06) months. business relocation along highway, Loss of income (ii) Compensation for structure at full replacement cost. No communal roads and along canals Owner of the near the bridges or footbridges in Loss of income and deduction shall be made for depreciation or salvageable materials. affected order to maximize their benefit 5 and business/ business/other (iii) if DPs have to remove to new site, provision of alternative business/other from business opportunities. productive assets productive business site of equal size and accessibility to customers, productive assets. assets satisfactory to the DP, or, in cash for business affected area at At the time of compensation, replacement cost, plus transportation allowance to remove movable allowances will be adjusted to attached assets to new site. account for inflation. (i) Compensation for one harvest of crops/trees at full replacement costs (ii) Compensation for loss of net income from subsequent crops that If the quality of land will be cannot be planted for the duration of project temporary use, and radically changed when return to Temporary impact Temporary loss (iii) Restoration of land to its previous or better quality by providing Users of affected DPs, requiring DPs to change in 6 during of agricultural measures to improve land quality in cases of land being adversely land the types of land use, then DPs construction land affected or acidified, and should be compensated for all (iv) If the duration of project's use the land exceed more than two envisaged cost of losses. years, then the DPs have option to: 1) Continue to use land, or, (2) Give it to the Project and be compensated as permanent loss Temporary loss (i) Compensation for affected assets at replacement cost Users of affected of residential land (ii) restoration of land to former conditions land (i) Compensation for loss of income during transition period, Temporary equivalent average monthly net income at least for three months. impact on Owner of business (ii) Compensation for affected assets at replacement cost business (iii) restoration of land to former conditions Damages by Owner or person (i)The contractor will be required to pay compensation immediately contractors to with use rights to affected families, groups, communities or government agencies. VIWASE iv RESETTLEMENT PLAN private or public (ii) Damaged property will be restored immediately to its former structures or condition. land Loss of land and properties Because secondary DPs are affected in similar ways, the same 7 Secondary impacts Land users for development respective provisions will apply to secondary DPs. of RS Community buildings, structures, If income loss is expected (e.g. community irrigation, community forest, (i) Restoration of affected community buildings and structures to at forest/grazing/o community grazing land), the least previous condition, or r other land/ village is entitled to compensation Loss of Village, Ward, (ii) Replacement in areas identified in consultation with affected 8 irrigation for the total production loss this community assets Government Unit. communities and relevant authorities, or systems compensation should be used (iii) Compensation at replacement cost for affected community land affected by collectively for income restoration and assets. temporary or measures and/or new permanent land infrastructure. acquisition or spoil disposal. Relocating DPs and Transportation Allowance: a) For households who move to other Materials the DPs who have to residential areas within the province, will be received 10,000,000 At the time of payment, allowances 9 Allowances transport rebuild main house VND/household; b) Move to other provinces, maximum support is: will be adjusted to account for allowance. on their remaining 15,000,000VND/household. If not relocated but must rebuild houses inflation. land on theremaining area after land acquisition, they will be supported with 50% of the level at the point a above. House Renting during house construction: will be supported for house rent of: a) 2,000,000 VND/household/month during 08 Relocating DPs and months if rent house in ward/town; b) 1,500,000 the DPs who have to VND/household/month during 08 months if rent house in remaining House Renting rebuild main house areas . If after 08 months the authorized agency has not arranged on their remaining new locations of resettlement, the City People's Committees decided land to support renting house for DPs till they receive locations of resettlement and more for building new houses. For the partially affected DPs who can re-structure their house (none VIWASE v RESETTLEMENT PLAN of relocated households), will be entitled to receive 50% value mentioned in Item (ii) above . Concrete form of assistance will be intensively consulted with the farmers to meet their actual needs, - For Living Rehabilitation: 15,000VND per m2 agriculture land assisting them able to restore or acquired.. improve their earning capacity and - Vocational Training and Job Creation: The minimum support will income. be two times of agricultural land price for the whole acquired area - Rehabilitation assistance will be (the land for annual tree only); and in case, households need a applied in case if the option “land Rehabilitation DPs losing for land” cannot be available vocational training, they will be admitted to a vocational center in assistance agricultural land the province and are exempted from tuition fees for such training course (including level of primary, secondary training and - The forms of assistance should be vocational college) for those in the working age (not applicable for consulted closely with appropriate those who enroll for a vocational training outside the province). and effective measures of agricultural encouragement to assist the poor to restore their income generating capacity and income levels VIWASE vi APPENDIX 2 – MINUTE OF CONSULTATION VIWASE vii RESETTLEMENT PLAN APPENDIX 3 – LIST OF HOUSEHOLDS AND THEIR PROPERTIES AFFECTED BY PROJECT Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land ITEM – CONSTRUCTION OF NORTH EMBANKMENT OF CHAU GIANG RIVER (THE SEGMENT FROM DISCHARGING GATE OF TRANG LAC II PUMPING STATION TO CHAU GIANG BRIDGE) 1. Nguyễn Thị Vân Đình Tràng – Lam Hạ x 4 x 2. Nguyễn Tiến Bình Đình Tràng – Lam Hạ 4 ODT 127 x 3. Nguyễn Thị Bích Hằng Đình Tràng – Lam Hạ x 4 ODT 8 x Household must 4. Trịnh Văn Uông Đình Tràng – Lam Hạ 5 ODT 150 x relocate 5. Đỗ Viết Bình Đình Tràng – Lam Hạ 6 x 6. Vũ Văn Huấn Đình Tràng – Lam Hạ 2 ONT 128 x 7. Đinh Hữu Ngạn Đình Tràng – Lam Hạ 6 x 8. Vũ Thị Nụ Đình Tràng – Lam Hạ x 3 x Household must 9. Bạch Ngọc Quyết Đình Tràng – Lam Hạ 6 ODT 25 x relocate 10. Đinh Hữu Trí Đình Tràng – Lam Hạ 1 LNK 24 x 11. Nguyễn Văn Thuỳ Đình Tràng – Lam Hạ 3 x 12. Nguyễn Đình Ngô Đình Tràng – Lam Hạ 2 x 13. Nguyễn Thị Tầu Đình Tràng – Lam Hạ x 5 x 14. Ngô Thị Tân Đình Tràng – Lam Hạ x 5 x 15. Nguyễn Văn Điệp Đình Tràng – Lam Hạ 5 x 16. Nguyễn Văn Hoan Đình Tràng – Lam Hạ 2 x VIWASE viii RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land ODT 26 x 1 17. Đỗ Văn Hồng Đình Tràng – Lam Hạ LNK 25 x Poor household Household must 18. Đỗ Đức Thuận Đình Tràng – Lam Hạ 6 ODT 180 x relocate Household must 19. Ngô Văn Mạnh Đình Tràng – Lam Hạ 4 X x relocate 20. Bùi Thị Hái Đình Tràng – Lam Hạ x 1 x Policy household ODT 4 x 4 21. Trịnh Văn Cư Đình Tràng – Lam Hạ BHK 229 x 22. Nguyễn Thị Vinh Đình Tràng – Lam Hạ x 1 BHK 115 x LNK 306 x 23. Trịnh Văn Thiện Đình Tràng – Lam Hạ 5 ODT 6 x 24. Kiều Thị Lý Đình Tràng – Lam Hạ x 2 x 25. Trịnh Văn Quỳnh Đình Tràng – Lam Hạ 4 x 26. Trịnh Văn Phương Đình Tràng – Lam Hạ 6 X x 27. Bạch Thị Nở Đình Tràng – Lam Hạ x 6 ODT 9 x 28. Hứa Thị Thuỷ Đình Tràng – Lam Hạ x 7 x ODT x 29. Nguyễn Văn Điệp (Hoà) Đình Tràng – Lam Hạ 4 LNK x Household must 30. Ngô Đức Khoa Đình Tràng – Lam Hạ 5 ODT 81 x relocate VIWASE ix RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land 31. Ngô Duy Cường Đình Tràng – Lam Hạ 3 x 32. Ngô Duy Cương Đình Tràng – Lam Hạ 4 x 33. Ngô Hoài Anh Đình Tràng – Lam Hạ 4 x 34. Đinh Thị Huệ Đình Tràng – Lam Hạ x 4 x ODT 79 x 35. Nguyễn Thị Vân (My) Đình Tràng – Lam Hạ 4 LNK 214 x 36. Nguyễn Thị Toàn (T ỵ) Đình Tràng – Lam Hạ 2 LNK 72 x 37. Nguyễn Thị Vượng Đình Tràng – Lam Hạ x 2 x Poor household 38. Dương Văn Tiến Đình Tràng – Lam Hạ 3 x 39. Hoàng Thị Liên Đình Tràng – Lam Hạ x 4 x 40. Trương Văn Dung Đình Tràng – Lam Hạ 6 x 41. Nguyễn Thị Tiệm Đình Tràng – Lam Hạ x 3 x 42. Trương Văn Thăng Đình Tràng – Lam Hạ 3 x 43. Ngô Thị Thuấn Đình Tràng – Lam Hạ x 3 x 44. Bạch Thị Vinh Đình Tràng – Lam Hạ x 3 x 45. Đinh Văn Cường Đình Tràng – Lam Hạ 3 x 46. Đinh Công Thắng Đình Tràng – Lam Hạ 3 x 47. Đoàn Thị Lưu Đình Tràng – Lam Hạ x 4 x VIWASE x RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land 48. Bạch Thị Chai Đình Tràng – Lam Hạ x 2 x 49. Đinh Quang Luận Đình Tràng – Lam Hạ 4 x 50. Đinh Quang Hải Đình Tràng – Lam Hạ 6 ODT 10 x 51. Vũ Thị Thùy Dương Đình Tràng – Lam Hạ x 3 ODT 45 x 52. Đặng Thu Hồng Đình Tràng – Lam Hạ 6 ODT 44 x 53. Đặng Thị Vinh Đình Tràng – Lam Hạ x 2 ODT 36 x 54. Vũ Xuân Đáp Đình Tràng – Lam Hạ 4 ODT 36 x 55. Lưu Thị Luyến Đình Tràng – Lam Hạ x 6 ODT 65 x 56. Đặng Văn Lực Đình Tràng – Lam Hạ 6 ODT 68 x 57. Trịnh Văn Thắng Đình Tràng – Lam Hạ 4 ODT 6 x 58. Trịnh Văn Chiến Đình Tràng – Lam Hạ 4 ODT 5 x 59. Trịnh Mạnh Cường Đình Tràng – Lam Hạ 5 ODT 5 x 60. Trịnh Năm Sâm Đình Tràng – Lam Hạ 6 ODT 5 x 61. Bạch Thị Vinh Đình Tràng – Lam Hạ 4 x 62. Trương Mạnh Hùng Đình Tràng – Lam Hạ 4 x ITEM – CONSTRUCTION OF ROAD CONNECTING MEDICAL UNIT – BACH MAI HOSPITAL TO D4-N7 ROAD Household affected 63. Vũ Hùng Mạnh Hòa Lạc – Lam Hạ 4 BHK 350 x over 20% of agricultural land VIWASE xi RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land Household affected 64. Nguyễn Văn Ngung Hòa Lạc – Lam Hạ 6 BHK 1.211 x over 20% of agricultural land Household affected 65. Nguyễn Thị Bẩy (Chung) Hòa Lạc – Lam Hạ 4 BHK 121 x over 20% of agricultural land Household affected 66. Nguyễn Văn Tiến (T) Đường Ấm – Lam Hạ 5 BHK 272 x over 20% of agricultural land Household affected 67. Nguyễn Thị Chòe Đường Ấm – Lam Hạ x 3 BHK 164 x over 20% of agricultural land Household affected 68. Trần Văn Toáng (Lừ) Đường Ấm – Lam Hạ 4 BHK 217 x over 20% of agricultural land Household affected 69. Trần Văn Cường (M) Đường Ấm – Lam Hạ 6 BHK 163 x over 20% of agricultural land Household affected 70. Nguyễn Văn Mãn Đường Ấm – Lam Hạ 4 BHK 326 x over 20% of agricultural land 71. Nguyễn Văn Sỹ Đường Ấm – Lam Hạ 5 BHK 109 x Household affected 72. Nguyễn Văn Xà (Thiểu) Đường Ấm – Lam Hạ 5 BHK 164 x over 20% of agricultural land Household affected 73. Nguyễn Tiến Lợi Đường Ấm – Lam Hạ 6 BHK 218 x over 20% of agricultural land Household affected 74. Nguyễn Thanh Chương Đường Ấm – Lam Hạ 6 BHK 273 x over 20% of agricultural land Household affected 75. Nguyễn Xuân Trường Đường Ấm – Lam Hạ 4 BHK 218 x over 20% of agricultural land VIWASE xii RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land 76. Nguyễn Thị Phố Đường Ấm – Lam Hạ x 4 BHK 70 x 77. Đinh Thị Thuận Đường Ấm – Lam Hạ x 4 BHK 68 x 78. Nguyễn Văn Vệ Đường Ấm – Lam Hạ 6 BHK 15 x 79. Nguyễn Văn Vân Đường Ấm – Lam Hạ 5 x ITEM – CONSTRUCTION OF DT491 DETOUR 80. Chùa Mễ Nội Mễ Nội – Liêm Chính x 81. Đình Mễ Nội Mễ Nội – Liêm Chính x BHK 72,4 x 5 82. Đào Văn Thiệp (Oanh) Mễ Nội – Liêm Chính UB 139 x LNK 11,6 x 3 83. Đào Thị Luân Mễ Nội – Liêm Chính x BHK 45 x ONT 137.7 x 6 84. Lê Ngọc Anh Mễ Nội – Liêm Chính BHK 89 x 4 Household must 85. Lê Thị Thanh Vân Mễ Nội – Liêm Chính x x relocate 3 86. Đỗ Thị Hảo Mễ Nội – Liêm Chính x ONT 116,4 x Policy household 4 87. Đỗ Hùng Mạnh Mễ Nội – Liêm Chính ONT 71,3 x 6 88. Nguyễn Minh Hải Mễ Nội – Liêm Chính x VIWASE xiii RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land 4 89. Đỗ Quang Cảnh Mễ Nội – Liêm Chính x ONT 35,8 x 7 90. Đỗ Thế Hiệu Mễ Nội – Liêm Chính UB 14 x ONT 92,2 x 5 91. Lại Trọng Trung Mễ Nội – Liêm Chính UB 220 x 4 Household must 92. Lại Trọng Ninh Mễ Nội – Liêm Chính x relocate ONT 21,1 x 3 93. Nguyễn Văn Thái Mễ Nội – Liêm Chính UB 2 x ONT 19,8 x 5 94. Nguyễn Thị Cúc Mễ Nội – Liêm Chính x UB 49 x ONT 21 x 4 95. Nguyễn Duy Tới Mễ Nội – Liêm Chính UB 44 x ONT 18 x 4 96. Nguyễn Văn Điềm Mễ Nội – Liêm Chính UB 34 x ONT 27,9 x 4 97. Nguyễn Văn Sử Mễ Nội – Liêm Chính UB 43 x 4 98. Nguyễn Văn Công Mễ Nội – Liêm Chính ODT 24,3 x VIWASE xiv RESETTLEMENT PLAN Acquired land Properties Female- No Full name Address Inhabitant Affected Affected area on affected Note headed land type (m2) land 5 99. Nguyễn Văn Bằng Mễ Nội – Liêm Chính UB 137,3 x TSN 131,7 x 100. Đỗ Quang Phúc Mễ Nội – Liêm Chính 6 UB 9 x Policy household ONT 6,1 x 4 101. Đỗ Quang Thức Mễ Nội – Liêm Chính TSN 95 x ONT 4,5 x 4 102. Đỗ Quang Thọ Mễ Nội – Liêm Chính TSN 57 x 4 103. Đỗ Quang Chính Mễ Nội – Liêm Chính TSN 63,6 x 4 104. Đan Văn Xuân Mễ Nội – Liêm Chính x 4 105. Bùi Thị Hà Mễ Nội – Liêm Chính x 4 Household must 106. Đan Thị Hạnh (Hải) Mễ Nội – Liêm Chính ONT 60 relocate x 3 Household must 107. Nguyễn Thị Lý Mễ Nội – Liêm Chính ONT 106 relocate 3 Household must 108. Đan Văn Cương Mễ Nội – Liêm Chính ONT 105 relocate 4 109. Chính Mễ Nội – Liêm Chính ONT 3 Note: - ONT: Rural land for living - BHK: Land for annual crops - LNK: Land for penennial crops - UB: PC’s land - TSN: Land for freshwater aquaculture VIWASE xv RESETTLEMENT PLAN APPENDIX 4 – PICTURES Those are some actual pictures in a consultation meeting on resettlement at Lam Ha ward VIWASE xvii RESETTLEMENT PLAN Those are some actual pictures in a consultation meeting on resettlement at Liem Chinh ward VIWASE xviii