SFG3445 V1 REV PEOPLE’S COMMITTEE OF NINH THUAN PROVINCE NINH THUAN PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT ----------------o0oo--------------- RESETTLEMENT ACTION PLAN (Final Draft Version) VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT (ENDR) Ninh Thuan Subproject August 2017 Tên báo cáo: PEOPLE’S COMMITTEE OF NINH THUAN PROVINCE NINH THUAN PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL ----------------o0oo--------------- RESETTLEMENT ACTION PLAN Ninh Thuan Subproject VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT (ENDR) REPRESENTATIVE OF CLIENT CONSULTANT AUGUST, 2017 TABLE OF CONTENTS ABBREVIATIONS ..................................................................................................................... vii GLOSSARY.................................................................................................................................. ix executive summary........................................................................................................................ 1 1. PROJECT DESCRIPTION ................................................................................................. 4 1.1. General Context ........................................................................................................................ 4 1.2. Project Objectives ...................................................................................................................... 4 1.2.1. General Objectives ...................................................................................................................... 4 1.2.2. Specific Objectives ...................................................................................................................... 4 2. OBJECTIVES AND PRINCIPLES OF RESETTLEMENT ACTION PLAN ............... 5 2.1. Objectives Resettlement Action Plan ...................................................................................... 5 2.2. Scope of Resettlement Action Plan ......................................................................................... 6 3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ........................................ 7 3.1. Overview of land acquistion ..................................................................................................... 7 3.2. Land Acquistion and Other Assets .......................................................................................... 9 3.3. Linked Projects ........................................................................................................................ 13 4. SOCIO-ECONOMIC INFORMATION ........................................................................... 13 4.1. Overview of Ninh Thuan Province......................................................................................... 13 4.2. Socio-economic Information of Affected Households in the Project Area ......................... 14 4.2.2.1. Survey scope ..................................................................................................................... 15 4.2.2.2. Characteristics of Household Members ............................................................................ 15 4.2.2.3. Education level ................................................................................................................. 16 4.2.2.4. Occupation of Household heads ....................................................................................... 16 4.2.2.5. Income and Expenditure ................................................................................................... 17 4.2.2.6. Means of living of households .......................................................................................... 18 4.2.2.7. Vulnerable households ...................................................................................................... 19 4.2.2.8. Land Use Right Certificate (LURCs) ............................................................................... 19 4.2.2.9. Access to Utilities and Services ........................................................................................ 19 5. LEGAL FRAMEWORK .................................................................................................... 20 5.1. Legal Framework of GoV ....................................................................................................... 20 5.2. World Bank Policy on Involuntary Resettlement ................................................................. 21 5.3. Comparision between GoV’s and WB’s Policies .................................................................. 22 6. PRINCIPLES AND POLICIES FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT ..................................................................................................................... 22 Page iii 6.1. General Principles ................................................................................................................... 22 6.2. Entitlements ............................................................................................................................. 23 6.2.1.1. Compensation Policy for Agritultural Land ..................................................................... 23 6.2.1.2. Compensation for Loss of Land for non-agricultural production and business ................ 24 6.2.1.3. Compensation for Residential Land.................................................................................. 25 6.2.1.4. Compensation for Structures............................................................................................. 26 6.2.1.5. For Loss of Crops, Trees and Livestock ........................................................................... 27 6.2.1.6. Compensation for other assets .......................................................................................... 27 6.2.1.7. Compensation for Pulic Works ......................................................................................... 27 7. ELIGIBILITY CRITERIA AND ENTITLEMENTS ..................................................... 43 7.1. Affected People (AP) ............................................................................................................... 43 7.2. Identification Of Vulnereable Groups Or Households ....................................................... 43 7.3. Eligibility .................................................................................................................................. 43 7.4. Right of being compensated .................................................................................................... 44 7.5. New HHs after the cut-off date ............................................................................................... 44 8. LIVELIHOOD RESTORATION PROGRAM ................................................................ 45 8.1. Income Restoration and Assistance Policies.......................................................................... 45 8.2. Income Restoration Measures ................................................................................................ 45 8.3. Cost estimate for Income Restoration Measures .................................................................. 46 9. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE .......................... 47 9.1. Objectives of Public Consultation and Information Disclosure .......................................... 47 9.2. The Process of Consultation and Participation..................................................................... 48 9.3. Public Consultation ................................................................................................................. 48 9.4. Information Disclosure............................................................................................................ 54 10. GRIEVANCES AND REDRESS MECHANISM ........................................................ 54 10.1. Responsibility ........................................................................................................................... 54 10.2. Grievance Redress Mechanism .............................................................................................. 54 11. IMPLEMENTATION ARRANGEMENTS ................................................................. 56 11.1. Institutional Framework ......................................................................................................... 56 11.2. Responsibilities of Relevant Agencies .................................................................................... 56 12. IMPLEMENTATION PLAN ........................................................................................ 59 12.1. Main Activities ......................................................................................................................... 59 12.2. Implementation Schedule........................................................................................................ 59 13. MONITORING AND EVALUATION ......................................................................... 61 13.1. Monitoring................................................................................................................................ 61 Page iv 13.2. Internal Monitoring................................................................................................................. 61 13.3. Independent Monitoring ......................................................................................................... 62 14. COST ESTIMATE FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT ..................................................................................................................... 64 14.1. Funding sources ....................................................................................................................... 64 14.2. Evaluation and compensation for affected assets ................................................................. 64 14.3. Cost estimate ............................................................................................................................ 64 ANNEXES ................................................................................................................................... 66 Annex 1: Replacement Cost Survey ............................................................................................. 66 Annex 2: Project information leaflet............................................................................................. 66 Annex 3: Some Minutes of Public Consultation Meetings At the Project Area ........................... 66 Annex 4: Socio-economic Survey Questionnaire for Affected Households in the Project Area . 66 Annex 5: Some Pictures of Consultation Meetings ...................................................................... 66 Annex 6: List of Affected Households with Different Types Of Impact ..................................... 66 Annex 7: TOR for Independent Monitoring ................................................................................. 66 Page v LIST OF TABLES Table 1: Invested Works of Ninh Thuan Subproject ................................................................................... 5 Table 2: The Subproject’s items prioritized in the first 18 months ............................................................... 6 Table 3: Number of AH by the Subproject’s items prioritized in the first 18 months .................................. 7 Table 4: Summary of Impacts magnitude of the Subproject......................................................................... 7 Table 5: Impact Magnitude of Land Acquistion ........................................................................................... 9 Table 6: Summary of Impacts on Residential Land .................................................................................... 10 Table 7: Summary of Impacts on Gardening Land ..................................................................................... 10 Table 8: Summary of Impacts on Agricultural Land .................................................................................. 11 Table 9: Summary of impacts on Houses and Structure works .................................................................. 11 Table 10: Summary of Affected Volume of Trees and Crops .................................................................... 12 Table 11: Area, population and population density of Ninh Thuan province in 2015 ................................ 13 Table 12: Education level by gender........................................................................................................... 16 Table 13: Occupation of household heads by each item of the Subproject ................................................ 16 Table 14: Occupation of household heads by gender ................................................................................. 17 Table 15: Average Income/Person/Month .................................................................................................. 17 Table 16: Average Income by gender ......................................................................................................... 18 Table 17: Means of living households ........................................................................................................ 19 Table 18: Entitlement Matrix ...................................................................................................................... 31 Table 19: Cost estimate for Income Restoration Program for AH .............................................................. 47 Table 20: Public Consultation On Land Acquisition and Resettlement...................................................... 49 Table 21: Results of public consultation meetings with prioritized work items under the Subproject in the first 18-month phase ................................................................................................................................... 50 Table 22: Implementation Plan ................................................................................................................... 59 Table 23: Cost estimate for implementation of RAP .................................................................................. 65 Page vi ABBREVIATIONS AHs Affected households PMU Projet Management Unit PC People’s Committee CRC Compensation and Resettlement Committee DMS Detailed measurement survey DOLISA Department of Labor, Invalids and Social Affairs ENDR Vietnam Emergency Flood Risk Disaster Reconstruction Project GoV Government of Vietnam IDA International Development Association IMA Independent Monitoring Agency IOL Inventory of Loss LIP Livelihood Improvement Plan LURC Land Use Right Certificate MOLISA Ministry of Labor, Invalids and Social Affairs OP Operational Policy PDO Project Development Objectives PMU Project Management Unit RPF Resettlement Policy Framework RAP Resettlement Action Plan RCS Replacement Cost Survey SES Socio-economic survey EM Ethnic Minorities WB World Bank ODA Official Development Assistance IMC Independent Monitoring Consultant Page vii USD US Dollar VND Vietnamese dong As of 05/05/2017) = Dong (VND) Unit – Dong (VND) = VND 22,700 $1.00 = VND 22,700 Page viii GLOSSARY Affected persons (APs) 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. 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 criteria to receive benefits under the resettlement program. Entitlements Include compensation and assistance for APs based on the type and extent of damage. Income (livelihood) A set of activities 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 to or better than pre-project level. Inventory of Losses (IOL) Is process of accounting for physical assets and income affected by project. Livelihood 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. 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. Replacement cost The term used to determine the amount sufficient to replace lost assets and cover transaction costs. For losses 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. Page ix 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 move to another location. Severely Displaced Means DPs who will (i) lose 20% (10% for vulnerable households) Person 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. 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) disabled (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. Page x EXECUTIVE SUMMARY Decription of the Project 1. The Government of Vietnam proposed to borrow a loan from the World Bank for Vietnam Emergency Natural Disaster Reconstruction Project. The investment project will be implemented in five provinces of Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan. The Project Development Objective (PDO) is to reconstruct and rehabilitate infrastructure assets in disaster-affected project provinces (85 percent) and strengthen the capacity of the Government to effectively respond to future disaster events (15 percent). The PDO will be achieved by rebuilding key infrastructure assets based on a ‘build back better’ approach emphasizing all stages of infrastructure life cycle including des ign, construction, and maintenance and strengthening institutional capacities for climate and DRM. The Project consists of 03 components: - Component 1: Resilient Reconstruction of Flood-Damaged Infrastructure - Component 2: Disaster Recovery Capacity Enhancement - Component 3: Project Management Objectives of Resettlement Action Plans (RAPs) 2. With regard to land acquisition, 01 RAP will be prepared for Ninh Thuan province Subproject. This RAP report is to guide activities of land acquisition and compensation during project implementation in Ninh Thuan province. The report is prepared based on inventory of losses (IOL) in the project area, replacement cost survey, review and check entitlements set-out in approved RPF in the context of actual impacts by the Ninh Thuan subproject. This resettlement action plan contains scope of impacts resulting from land acquisition and resettlement, policy principles on entitlements and eligibility for compensation, implementation arrangements; monitoring and evaluation, community’s participation and consultation, grievances and grievance redress mechanism, cost estimate, etc. Scope and Impacts of Land Acquisition 3. The implementation of works items under first 18-month phase in Ninh Thuan province will affect 165 households, of which 163 households are directly affected by land acquisition and 2 households are indirectly or economically affected by cultivation on land area managed by commune/ward PCs. 4. It is estimated that 28,207 m² of land owned by 163 households and 03 commune/ward PCs will be acquired. Of which, Residential land area: 837 m²; Perennial land:10,921 m2; Agricultural land area: 10,849 m²; Public land area: 5,600 m² managed by commune/ward PCs include specialized land, river, stream land and transport land. 5. Out of 165 households affected with land and asset on land, none of households is affected with houses and have to relocate, but 36 households are severely affected including 2 households lose more than 20% of total agricultural land area, 34 household fall into vulnerable households (34 households are ethnic minority people). 6. Of all 165 households affected by the implementation of Subproject’s prioritized works in the first 18 months, there are 85 vulnerable households. Mitigation measures 7. In the process of project designing, Ninh Thuan Project Management Unit of Construction Investment Works for Agriculture and Rural Development has cooperated closely with the technical design and resettlement consultant to avoid or minimize scope of land acquisition. Measures to minimize the negative impacts of the project were carried out by studying the project design plans in order to not only promote the project investment efficiency but also minimize magnitude of the land acquisition. 1 8. Simultaneously, the plans to minimize the temporary impacts in the construction phase have been studied and proposed, in order to avoid and/ or minimize these impacts during the implementation of project. Policy framework and entitlements 9. The entitlements for affected households of Ninh Thuan Sub-project will be complied with WB’s policy on involuntary resettlement (OP/BP 4.12) and the laws, regulations of the GoV and the Resettlement Policy Framework (RPF) which has been agreed between the Government of Vietnam and the World Bank. 10. The basic principles applied for the preparation of this Resettlement Action Plan is that all AHs of 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. The lack of legal bases on land use of affected households will not prevent these AHs from the entitlements in terms of compensations and/or income restoration. Damaged assets must be compensated by replacement cost”. Livelihood Restoration Program 11. Livelihood restoration program is an important activity of the compensation, assistance and resettlement action plan. In this project, a vocational training and job introduction program will be provided by the Job Introduction Center under the Department of Labor - Invalids and Social Affairs of Ninh Thuan Province, contributing to restore the AH’s livelihoods and ensure their living standards at least equal to or better than the pre-project level. In addition, if at the AH’s demands, they will also get a loan from the Social Policy Bank of Ninh Thuan Province for household economy development with preferential policies and specific instructions and/ or free costs of procedures and related papers. Implementation Arrangements 12. The compensation, assistance and resettlement of the project will be subject to the management and supervision of Ninh Thuan PMU of Construction Investment Works for Agriculture and Rural Development and implemented by the District/City Land Fund Development Center (LFDC)/ the District/City Compensation and Resettlement Committee (CRC). During the implementation process, there should have the close coordination between the members of the Compensation and Resettlement Councils. In the implementation process, these organizations should have close coordination with the relevant authorities, the authorities at wards/ communes level and the communities in the project area to ensure that the compensation, assistance and resettlement activities are performed openly, transparently, at time-bound and in compliance with the approved RAP. Consultation and Participation 13. The RAP is prepared with the close coordination of the local authorities, representative of local community and affected people. Local authorities at the wards, communes and representatives of the affected households were involved in the consultations through the various forms and channels, including meetings and public consultations, questionnaire-based survey for almost of households in the project area. Information collected during the consultation will serve as a basis for preparing resettlement policy of the project, including compensation plan and income restoration program. Monitoring and evaluation 14. This RAP will be implemented under the supervision of the PMU. At the same time, Ninh Thuan PMU will also recruit an independent monitoring agency/individual for monitoring the implementation of the RAP. 15. Upon completing the project, the independent monitoring agency (IMA) will also evaluate to determine whether or not the objectives of the resettlement policy have achieved. In case it is found that these objectives are not achieved; Ninh Thuan PMU of Construction Investment Works for Agriculture 2 and Rural Development will propose the follow-up measures as the basis for the World Bank to continue the monitoring until WB finds it suitable Grievances and Redress Mechanism 16. The Project will establish a Grievance Redress Board to support in resolving and monitoring the processes related to grievances, complaints and inquiries as a result of the project intervention. The mechanism established by the project aims to allow affected persons (APs) to lodge their complaints and receive the resolutions under the project’s resettlement policy framework (RPF) and the project’s operational guidelines. The Ninh Thuan PMU’s officers in charge of resettlement will also work directly with AHs as an official first step of resolving complaints prior to coming up with the Grievance Redress Board. The AHs will be fully informed of the information of grievance redress mechanism via the appropriate measures. Cost Estimate 17. Cost estimate for implementing this RAP is VND 8,901,493,064 (equivalent to US$ 392,136 at exchange rate: VND 22,700 = US$ 1). This budget includes costs of compensation/ assistance for land, structures, assets affected by project, the income restoration program, transitional assistance, cost of monitoring and evaluation, cost of implementation management and contingency. Estimated cost for the site clearance will be updated according to the detailed design and the time of land acquisition based on the results of the independent valuation agency. 18. All costs for compensation and resettlement of the Subproject and independent valuation will come from the Project’s counterpart fund. 3 1. PROJECT DESCRIPTION 1.1. General Context 19. The Government of Vietnam received a loan from the World Bank for Vietnam Emergency Natural Disaster Reconstruction Project including Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan provinces (hereafter called the ENDR1). The project has been implemented to rebuild priority infrastructure works in some flood-damaged provinces in 2016 and to strengthen capacity to effectively respond to future disasters in five provinces. The project will benefit affected persons by natural disasters, including the poor, women and ethnic minorities, by improving access to essential infrastructure and services and increasing adaptation capacity as well as supporting for agricultural production through improvement of irrigation works. Specific investment items by the project have been currently identified with the objectives without causing serious negative social impacts. 20. The project will be completed from 2017 to 2020 with total fund of US $118 million, of which IDA loan is US $ 118 million, including 03 components: 1) Resilient Reconstruction of Flood Damaged Infrastructure; 2) Disaster Recovery Capacity Enhancement 3) Project Management. 21. ENDR is one of projects funded by the WB for reconstructing prioritized infrastructures which have been damaged by the floods in 2016 and strengthening capacity for better disaster resilience in the coming years for 5 provinces of Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan. 1.2. Project Objectives 1.2.1. General Objectives 22. The Project aims to support the Government in overcoming long-term natural disasters through reconstruction of prioritized infrastructures in some flood-damaged provinces in 2016 and through capacity building for efficient response to natural disasters in the coming years. 1.2.2. Specific Objectives 23. Specific Objectives of the Subproject consist of: - Repairing, improving and upgrading of production infrastructure (including irrigation works, dykes, river embankments, sea embankments, irrigation canals, domestic water supply, etc.) in order to restore production, protect lives and property of the local people, reduce risks caused by natural disasters. - Overcoming damages on traffic infrastructure to facilitate travel of local people, trade exchange and production development by the Subproject’s Components. 24. Vietnam Emergency Natural Disaster Reconstruction Project- Ninh Thuan Subproject comprises of 04 components with work items shown in the following tables: 1 Project name: Vietnam Emergency Natural Disaster Reconstruction Project (Abbreviation: ENDR). 4 Table 1: Invested Works of Ninh Thuan Subproject No. WORKS WARDS/COMMUNES DISTRICTS A WORKS PRIORITIZED IN THE FIRST 18 MONTHS Construction of Dinh river embankment in Phuong Son Ninh Phuoc 1 Phuoc Son commune commune, Ninh Phuoc District. district Construction of an embankment for protection of Ba Rau Thuan Bac 2 Loi Hai commune residential area in Thuan Bac district district Construction of an embankment for protection of 02 Lu river Ninh Phuoc 3 Phuoc Dan town banks in Ninh Phuoc district district B OTHER WORKS Embankment for Ong river in Tan Son town, Ninh Son district. Ninh Son 4 Tan Son town district Solidification of class 2, 3 canal system, Ta Ranh reservoir in Ninh Ninh Phuoc 5 Phuoc Thai commune Phuoc district distric Solidification of class 2, 3 canal system, Tan Giang reservoir in Ninh Phuoc 6 Phuoc Huu Commune Ninh Phuoc district district 2. OBJECTIVES AND PRINCIPLES OF RESETTLEMENT ACTION PLAN 2.1. Objectives Resettlement Action Plan 25. Pursuant to Decree No.16/2016/ND-CP dated 16 March 2016 of the Government on management and use of Official Development Assistance (ODA) and concessional loans from donors stating one basic principle in compensation, assistance and resettlement: “Compensation, assistance and resettlement in implementing the program and project will be implemented in accordance with the applicable regulations and international treaty on ODA and preferential loan, of which Vietnam is a member. In case of any differences between GoV’s regulations and provisions of the international treaty, the provisions of the international treaty will prevail”. The Land Law No. 45/2013/QH13, Clause 2, Article 87 states that: “For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, assistance and resettlement, the policy framework will prevail”. 26. The preparation of this RAP is based on the Resettlement Action Framework which has been approved by the Prime Minister and cleared by WB before the Agreement negotiation to ensure the harmony between the World Bank’s OP/BP 4.12 and the Vietnam's laws and regulations on compensation, assistance and resettlement: Basic objectives of this RAP: (i) Involuntary resettlement should be avoided where feasible or minimized by all viable alternative technical designs; (ii) Wherever involuntary resettlement is unavoidable, resettlement activities should be conceived of and executed as sustainable development programs, providing sufficient investment sources to enable affected persons to share project’s benefits; Directly or indirect ly affected persons must be consulted and participated in the process of planning and implementing resettlement programs. 5 (iii) Affected Persons should be assisted in efforts to improve their livelihoods and living standards 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. 27. All projects affected persons (PAPs) who have assets within or reside within the project area before the cut-off date are entitled to compensation for their losses. Those who have lost their income and/or livelihoods 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. 28. This RAP will give guidelines for implementing activities related to compensation and land acquisition during the implementation of items that involved in land acquisition, compensation and resettlement regardless of financial sources. 2.2. Scope of Resettlement Action Plan 29. This RAP is prepared for the Subproject’s items prioritized in the first 18 months to guide instruct activities related to land acquistion, site clearance. The subproject’s items prioritized in the first 18 months include: Table 2: The Subproject’s items prioritized in the first 18 months No. ITEMS WARDS/COMMUNES DISTRICT SCOPE Construction of an embankment for ensuring people's lives, Construction of Dinh river assets, cash crops and public embankment in Phuong Son Ninh Phuoc 1 Phuoc Son commune structures (especially power line commune, Ninh Phuoc district 500kV, and may affect the PR District. 708) in storm season with a length of 1,373 m Construction of an embankment which contributes to adjust the flow direction for minimizing Construction of an river banks landslide, protecting embankment for protection of Thuan Bac 2 Loi Hai commune land fund for production and Ba Rau residential area in district living, and protecting structures Thuan Bac district of local people along river banks. The length of the embankment is about 1,500 m Embankment for 02 segments in Construction of an Phuoc Dan town to ensure people's embankment for protection of Ninh Phuoc 3 Phuoc Dan town people's lives, assets, cash crops 02 Lu river banks in Ninh district and public structures in storm Phuoc district season . 6 3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3.1. Overview of land acquistion 30. A survey, including preliminary survey, inventory of losses, observations, etc was carried out for the affected people under work items or packages prioritized during the first 18-month phase with the purpose of determining the loss of land and fixed assets such as works, trees, livelihoods and access to community resources due to land acquisition for the project implementation. Items prioritized in the first 18 months are expected to acquire land permanently to construct works. 31. Result of the survey show that the implementation of the subproject works items in the first 18- month phase will affect 165 households, number of affected households and organizations are summarized in detailed in the Table as follows: Table 3: Number of AH by the Subproject’s items prioritized in the first 18 months No. Items Direct AHs Affected CPC Construction of Dinh river embankment in Phuong Son commune, 1 28 1 Ninh Phuoc District. Construction of an embankment for protection of Ba Rau 2 63 1 residential area in Thuan Bac district Construction of an embankment for protection of 02 Lu river 3 74 1 banks in Ninh Phuoc district Total 165 3 (Source: Results of Resettlement Survey, 04/2017) 32. Many AHs will lose more than one type of assets/ structures such as residential land, annual and perennial agricultural land, structures, trees and crops. Out of total 83 AHs affected by loss of residential land, none of households is totally affected with houses and require physical relocation. The survey results show that out of 165 affected households, there are 68 ethnic minority households in Loi Hai commune of Thuan Bac district and Phuoc Dan town of Ninh Phuoc district affected by the project implementation2. Number of affected households and organizations are summarized in detailed in the Table as follows: Table 4: Summary of Impacts magnitude of the Subproject Affected Contents Unit volume Total number of affected households HHs 165 Household members Person 693 A. Households are directly affected by land acquisition (one household may fall into HHs 163 two (02) such as residential land, annual and perennial agricultural land), in which: + Households are affected with partially residential land HHs 83 + Households are affected with partially gardening land HHs 146 + Households are affected with agricultural land HHs 109 2 A separated EMDP will be prepared for this Subproject 7 Affected Contents Unit volume 2. Number of affected agencies, organizations - Communes/wards People’s Committee 3 3. Number of households are affected with structures HHs 60 4. Number of households are affected with cash crops and trees HHs 111 - No. of directly AHs by land acquisition HHs 109 - No. of indirectly AHs by land acquisition (Cultivation on land area HHs 2 managed by CP) 5. Number of displaced households HHs 0 6. Number of vulnerable households (one household may fall into two (02) vulnerable HHs 85 groups), in which: + EM households HHs 68 + Poor households (including poor households are ethnic minority people) HHs 75 + Policy households HHs 5 + Elderly households HHs 1 + Households with woman-headed with independents HHs 4 7. Households are affected 20% or more of total agricultural land area (Vulnerable households affected 10% or more of total agricultural land area), HHs 36 in which: + Households lose 20% or more of total agricultural land area HHs 2 + Vulnerable households lose 10% or more of total agricultural land area HHs 34 8. Number of households are affected by loss of business HHs 0 (Source: Results of Resettlement Survey, April 2017) 33. The project will affect 28,207 m² of land area owned by 163 households, managed by 03 commune/ward PCs. Of which: - Affected partially residential land area: 837 m2 - Affected partially gardening land area: 10,921 m2 - Affected agricultural land area: 10,849 m2 - Public land area: 5,600 m2 managed by commune/ward PCs, including specialized land, stream, river land, transport land and so on. 8 Table 5: Impact Magnitude of Land Acquistion IMPACTS FROM LAND ACQUISTION Total No. Items Residential Gardening Agricultural Public land land land land (m2) (m2) (m2) (m2) (m2) Construction of Dinh river 1 embankment in Phuong Son 145 5,671 3,949 600 10,365 commune, Ninh Phuoc District. Construction of an embankment for 2 protection of Ba Rau residential area 342 1,500 4,050 500 6,392 in Thuan Bac district Construction of an embankment for 3 protection of 02 Lu river banks in 350 3,750 2850 4,500 11,450 Ninh Phuoc district TOTAL 837 10,921 10,849 5,600 28,207 (Source: Results of Resettlement Survey, April 2017) 34. As survey result, all affected households as above mentioned are entitled to receive compensation, assistance and resettlement (if any) for their land and other affected assets in compliance with approved RPF, details are shown in Section 6 of the report. 3.2. Land Acquistion and Other Assets 35. The first principle in the WB’s Resettlement Instruction is to mitigate impacts on resettlement and land acquistion, in the case the mitigation is unfeasible, mitigation measures and/or satisfactory compensation for project affected households should be taken 36. During the Project Design, PMU has closely worked with the project preparation consultant and resettlement specialists to avoid or minimize magnitude of of land acquisition and to ensure that the scope of resettlement impact is mitigated in all work items or packages. However, impacts of land acquisition is unavoidable. The following is the statistics of affected magnitude on lands and structures during the implementation of the first 18 months. 3.2.1. Impacts on Residential Land 37. It is estimated that 83 households are affected residential land and fixed assets. None of them are totally affected with residential land and structures that requires relocation. Impact magnitude of Subproject’s each items on residential land is shown in the following table: Page 9 Table 6: Summary of Impacts on Residential Land AHs Affected No. Items Communes area (m2) Partially Entirely Construction of Dinh river Phuoc Son 1 embankment in Phuong Son 12 0 145 commune commune, Ninh Phuoc District. Construction of an embankment for 2 protection of Ba Rau residential area Loi Hai commune 34 0 342 in Thuan Bac district Construction of an embankment for 3 protection of 02 Lu river banks in Phuoc Dan town 37 0 350 Ninh Phuoc district Total 83 0 837 (Source: Resettlement Survey, April 2017) 3.2.2. Impacts on Gardening Land 38. The implementation of the items in the first 18 months will affect Gardening Land of 146 households with affected area of 10,921 m2. Table 7: Summary of Impacts on Gardening Land AHs (HHs) Affected No. Items Communes area (m2) Construction of Dinh river embankment in Phuoc Son 1 26 5,671 Phuong Son commune, Ninh Phuoc District. commune Construction of an embankment for protection of Loi Hai 2 51 1,500 Ba Rau residential area inThuan Bac district commune Construction of an embankment for protection of Phuoc Dan 3 69 3,750 02 Lu river banks in Ninh Phuoc district town Total 146 10,921 (Source: Results of Resettlement Survey, April 2017) 3.2.3. Impacts on Agricultural Land 39. Agricultural land owned by 109 households will be affected with land area of 10,849 m2. Out of total 109 households affected by loss of agricultural land, 36 households are severely affected (of which, 2 households lost 20% or more of total land holding and 34 vulnerable households lost from 10% or more their total land holding), 73 remaining households are marginally affected. Page 10 Table 8: Summary of Impacts on Agricultural Land AHs Total area of < 20% or < >20% or from affected NO. Items Locations 10% for 10% for agricultural vulnerable vulnerable land (m2) households households Construction of Dinh river Phuoc Son 1 embankment in Phuong Son 16 2 3,949 commune commune, Ninh Phuoc District. Construction of an embankment for protection of Ba Rau Loi Hai 2 18 30 4,050 residential area in Thuan Bac commune district Construction of an embankment Phuoc Dan 3 for protection of 02 Lu river 39 4 2,850 town banks in Ninh Phuoc district Total 73 36 10,849 (Source: Results of Resettlement Survey, March 2017) 3.2.4. Impacts on Houses and Struture works 40. Despite selecting optimal solutions during project design to avoid and mitigate negative impacts from land acquisition on households, adverse effects of land acquisition and site clearance are unavoidable; accordingly, three main structures has their subsidiary items affected, including fencing walls and brick yards. Survey showed that 60 households have structures affected. According to regulations, the compensation is made by replacement costs which are for reparing affect households’ houses: Table 9: Summary of impacts on Houses and Structure works AHs (HHs) Affected area No. Items Wards Entir (m2) Partly Total ely Construction of Dinh river embankment Phuoc Son 1 in Phuong Son commune, Ninh Phuoc 8 - 8 210 commune District. Construction of an embankment for 2 protection of Ba Rau residential area in Loi Hai commune 23 - 23 850 Thuan Bac district Construction of an embankment for 3 protection of 02 Lu river banks in Ninh Phuoc Dan town 29 - 29 955 Phuoc district TOTAL 60 - 60 2,015 (Source: Results of Resettlement Survey, April 2017) Page 11 3.2.5. Impacts on Trees and Crops 41. According to the preliminary inventory results, the project will affect trees, crops owned by 111 households. Of which, 109 households are directly affected with trees and crops by physical land acquisition and 02 households are indirectly affected with trees and crops by cultivation on land area managed by communes/wards CP (non-land assets). Total 886 fruit trees (longan, grapefruit, banana, etc.); 81 timber trees and about 150 bamboo trees are affected, in addition, about 11,149 m2 of rice; Table bellowed summarizes volume of trees and crops affected by the project Table 10: Summary of Affected Volume of Trees and Crops AHs (HHs) Impacts on trees and crops No. of indirectly AHs by land Cash No. Items Locations No. of directly Fruit acquisition Timber crops AHs by land trees Others (Cultivation on trees acquisition (trees) land area managed by CP) Construction of Dinh river embankment in Phuoc Son 1 Phuong Son 18 2 385 45 150 4,249 commune commune, Ninh Phuoc District. Construction of an embankment for Loi Hai 2 protection of Ba Rau 48 260 15 4,050 commune residential area in Thuan Bac district Construction of an embankment for Phuoc Dan 3 protection of 02 Lu 43 241 21 2850 town river banks in Ninh Phuoc district Total 109 2 886 81 150 11,149 (Source: Results of Resettlement Survey, April 2017) 3.2.6. Impacts on Income and Business 42. The preliminary inventory results showed that out of 165 affected households. No household is directly affected by loss of business by land acquisition. 43. In addition to 36 severely affected households by losing agricultural land (of which 2 households losing more than 20% of total agricultural production land area and 34 vulnerable households losing from 10% out of total existing cultivation land area) 3.2.7. Temporary Impacts during the Construction Process 44. The preliminary survey results showed that project will also temporarily affect public land managed by 3 communes/towns with total temporarily affected land area of 1,110 m2, 45. During the construction process. temporarily affected land area is used mainly as gathering site of materials, bypass, and transport roads. Compensation, assistance for temporarily affected land area will be paid based on affected level and detailed time of construction of the Project by Contractor. In case if any Page 12 structures, crops and trees found affected by the construction activities, it will be compensated in accordance with project policies (see Section 6.2.2). 3.3. Linked Projects 46. The fact shows that integrated development programs are often invested by many different funding sources (World Bank, Other Donors or National Project). The Emergency Natural Disaster Reconstruction Project – Ninh Thuan Subproject is not an exception. There are many projects which are invested, being invested or will be invested in the Ninh Thuan provice in recent years. The Resettlement Policy OP 4.12 will be applied to all the sub-projects and investments to be financed by the World Bank under the Project that involve land acquisition, compensation, and resettlement. It 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. Screening results showed that there is a linked project, no project linked with the Emergency Natural Disaster Reconstruction Project – Ninh Thuan Subproject. 4. SOCIO-ECONOMIC INFORMATION 4.1. Overview of Ninh Thuan Province 47. Ninh Thuan is a South Central Coast Map of Ninh Thuan province province with geographical coordinates of 11018’14’’ - 12009’15’’ of North latitude; 108009’08’’ - 109014’25’’ of East longitude. Total natural area of the province is at 3,358.33 km2 and covered by three sides of mountain and one side of sea. The West is highly mountainous area bordering Da Lat. To the North and the South, there are two mountain ranges running into the sea, between the province and coastal area is an extremely dry plain which is called the Far-West of Vietnam. 48. The natural area of Ninh Thuan province is 335,534 ha, including 1 city, 6 districts. The population of the province in 2015 was 598,850 thousand people. Table 11: Area, population and population density of Ninh Thuan province in 2015 Average Population Administrative NO. Districts/cties Area (km2) population density units (People) (people/km2) 1 Phan Rang city 16 79.19 172.304 2,175.8 2 Bac Ai district 9 1,027.22 26.685 26.0 Page 13 Average Population Administrative NO. Districts/cties Area (km2) population density units (People) (people/km2) 3 Ninh Son district 8 771.81 75.208 97.4 4 Ninh Hải district 9 253.58 91.937 362.6 5 Ninh Phuoc district 9 341.95 129.990 380.1 6 Thuan Bac district 6 318.26 41.229 129.5 7 Thuan Nam district 8 563.33 58.497 103.8 Total 65 3,355.34 598.850 177.6 (Sources: Statistical Yearbook of Ninh Thuan Province, 2015) 4.2. Socio-economic Information of Affected Households in the Project Area 49. Emergency Natural Disaster Reconstruction Project in some Central provinces – Ninh Thuan subproject consists of 04 components. In the first 18-months period, the Ninh Thuan province will take priority over investment of 03 works items. The works prioritized for investment in the first 18-month period will be implemented in 03 communes/wards of Ninh Phuoc and Thuan Bac districts. Socio- economic information of the project communes/wards. 4.2.1. Survey Approaches and Methodologies  Approaches 50. The participatory approach is used in preparing the Resettlement Action Plan. Accordingly, affected people were engaged in preparatory phase of this resettlement action plan by mean of in-depth interviews, focus group discussions, and observation. The representatives of Ninh Thuan PMU and Ward/Commune PCs were also invited to participate in.  Methodologies 51. The RAP applied to priority investment items during the first 18 months involved in land acquisition and site clearance. The methodologies applied in the process of preparing the RAP include: Desk review 52. The Consultant collected, reviewed, studied and analyzed/assessed the documents relating to compensation, assistance and resettlement of the Project. Those documents were collected at Ninh Thuan PMU, the PCs of project wards/communes, including: (i) Project documents (Statement and Design Drawings of project work items; Resettlement Policy Framework, etc.); (ii) Cadastral maps, copies of maps and Socio-economic reports provided by commune/ward PCs; (iii) relevant policies of the World Bank, the Government of Vietnam and Ninh Thuan PPC with aim to (1) find out procedures, regulations proposed and approved from the project documents, (2) find out technical methods proposed for each Project component; (3) review socio – economic reports of localities, (4) propose mitigation measures and guidelines for follow-up actions. Qualitative research method • Consultation and discussion with various stakeholders, including the implementation agencies, social organizations, representatives of leaders of local authorities through consultation meetings, in-depth interviews and group discussions. The minutes of working is attached to this report in Annex 02. Page 14 • Focus group discussions, in-depth interviews with affected households, such as severely affected households, relocated households and vulnerable households. The minutes of working is attached to this report in Annex 02. • Field survey to the project area to determine the potential impacts on local residents during the project implementation. Quantitative research method • During the period from 04/04/2017 to 08/04/2017, socio-economic survey 3 and survey for affected land/assets in 08 communes/wards of Ninh Phuoc and Thuan Bac district were carried out. • Socio-Economic Survey (SES) by questionnaire: Over 25% of total affected households whose land is acquired under works prioritized to be invested during the first 18-month period were surveyed. Including: (i) 100% severely affected households (by losing from more than 20% of total agricultural land holding and 10% for vulnerable group) or by loss of residential land and require relocation; 20% of marginal affected households by loss of land and assets, non-land assets and (iii) vulnerable households (ethnic minority households, woman-headed households, poor households, households with the elderly and so on). As result, total 40 households are socio- economic surveyed by questionnaire in the project area. SES sample for affected households are attached in Annex 3 of this report • The Inventory of Losses (IOL) is carried out with 100% affected households. 53. Entering and processing data. Information collected from the field visit will be processed by specialized software such as SPSS (Quantitative) and NVIVO (Qualitative). 4.2.2. Results of Socio-Economic Survey of Affected Households in the Project Area 4.2.2.1. Survey scope 54. Regarding to land acquisition for implementation of the works prioritized during the first 18- month period, results of survey showed that the project might affect 165 households, of which 163 households are directly affected by land acquisition and 02 households are indirectly affected by cultivation on land area managed by communes/wards CP. 55. Thus, from 04 to 08, April 2017, SES was carried out for 40 households out of total 165 affected households (accounting for 25% out of total affected households). Out of 40 surveyed households, 15 households are affected with residential land (none of them requires relocation); 21 households lose more than 20% of total agricultural land area (more than 10% for vulnerable households); 12 households fall into vulnerable households. The selected households are typical households/groups for selected samples in the project area. 56. The selection of households for socio-economic survey is based on the scope of land acquisition impacts such as loss of agricultural land, loss of residential land and households permanently affected with production activities. Besides SES with about 15% affected households, public consultation meetings with local authorities and affected households were implemented to collect qualitative information. 4.2.2.2. Characteristics of Household Members 57. According to survey data from 40 households directly affected by 03 items requiring land acquisition, the majority of households consists of from 4 to 5 members (accounting for 57.4%), followed by households with 6 - 9 members, accounting for 35.9% and households with 1 to 2 members, accounting for only 6.7%. On average, each AH household in the project area has 4.1 persons / household and the average main number of laborers per household is 2 persons. Out of communes/wards prioritized 3 Use socio-economic survey for the Viet Nam Emergency Flood Risk Disaster Reconstruction Project – Ninh Thuan Subproject Page 15 to be invested during the first 18-month period, there is presence of affected ethnic minority people (Raglay) and Phuoc Dan town, Ninh Phuoc district (Cham). 4.2.2.3. Education level 58. According the Table 4.2, education attainment level of people in project area stays low, specifically 10% respondents are illiterate and 20% finish primary school, 52.5% complete secondary school, the remaining gets high school or higher levels. By gender, there is insignificant difference in education level between male and female. Table 12: Education level by gender Female Male Total % Quantity % Quantity % Illiterate 1 4.2 3 18.8 4 10.0 Primary school 5 20.8 3 18.8 8 20.0 Secondary school 13 54.2 8 50.0 21 52.5 High school 4 16.7 2 12.5 6 15.0 College/University 1 4.2 0 0.0 1 2.5 Total 24 100.0 16 100.0 40 100.0 Source: Social Economic Survey, April 2017 59. According to the results from the consultation with local authorities in the project areas, the illiterate mainly lives in Loi Hai commune which Raglay people reside in. Because of difficulties, local infrastructures encounter into disadvantages and are ineligible to go to school. 4.2.2.4. Occupation of Household heads 60. AHs (65%) mainly live on agriculture; the remaining is civil servant/officers and hired labors or small business runner. For vulnerable affected households, their main career is agricultural production. Table 13: Occupation of household heads by each item of the Subproject Occupation No. Items Public servants/ Agriculture Trade/Service officials Construction of Dinh river embankment in 1 8 3 1 Phuong Son commune, Ninh Phuoc District. Construction of an embankment for protection 2 10 2 2 of Ba Rau residential area in Thuan Bac district Construction of an embankment for protection 3 8 3 3 of 02 Lu river banks in Ninh Phuoc district Total 26 8 6 Page 16 Source: Social Economic Survey, April 2017 61. Table below shows that there is no difference in job selection between male and female. Main jobs selected by them include agriculture, hired labor and small business. Table 14: Occupation of household heads by gender Male Female Total % Quantity % Quantity % Agriculture, fishery 12 50.0 14 73.7 26 65.0 Civil servant 1 4.2 0 0.0 1 2.5 Hired labor 5 20.8 3 15.8 8 20.0 Small business 6 25.0 2 10.5 5 12.5 Total 24 100.0 19 100.0 40 100.0 Source: Social Economic Survey, April 2017 4.2.2.5. Income and Expenditure 62. According to SES results from affected households, income level of affected households falls into group with income more than 1.5 - 3 million VND/person/month (accounting for 70%). Followed by rate of household with income level over 3 million VND/person/month (accounting for 20%); rate of household with income below 1.5 million VND/person/month accounts for 10%, these are poor households, and near poor households, households with the elderly. The poor and near poor households affected by the project are concentrated mainly in Loi Hai commune of Thuan Bac district. This commune have also the highest number of poor households in the project area, rate of the poor households accounting for approximately 80% out of total households in the entire commune. Specific data on average income/person/month of surveyed AHs are shown in the Table as follows: Table 15: Average Income/Person/Month Income No. Items Below 1.5 From 1.5 - 3 Above 3 millionVND/ millionVND/ millionVND/ month month month Construction of Dinh river embankment in 1 1 8 3 Phuong Son commune, Ninh Phuoc District Construction of an embankment for 2 protection of Ba Rau residential area in 2 11 1 Thuan Bac district Construction of an embankment for 3 protection of 02 Lu river banks in Ninh 1 9 4 Phuoc district Total 4 28 8 Page 17 Source: Social Economic Survey, April 2017 63. The percentage of female with income from 1.5 to 3 million/month makes up 75.0 % of total female, and only 6.3% get income of more than 3 million/month. The percentage for male is 66.7% and 29.2% respectively. The data on average income by income are shown below: Table 16: Average Income by gender Male Female Total % Quantity % Quantity % Below 1.5 1 4.2 3 18.8 4 10.0 million/person/month From 1,5 million - 3 16 66.7 12 75.0 28 70.0 million/person/month More than 3 7 29.2 1 6.3 8 20.0 million/person/month Total 24 100.0 16 100.0 40 100.0 Source: Social Economic Survey, April 2017 64. According to results from SES reports of communes/wards in the project in 2016, average income level of AHs in the project area is approximately 18 million VND/person/year. In which, Phuoc Dan town city has the highest average income level per capita with 25 million VND/person/year, Loi Hai district of Thuan Bac district has the lowest average income level per capita with 13.4 million VND/person/year. This is the commune in which the Raglay people live. 65. According to survey, 34 affected households losing 10% or more of total agricultural land area under the embankment of Ba Rau residential area in Thuan Bac district and Embankment of residential areas in 02 banks of Lu river in Ninh Phuoc district are the poor with average income of below 700 thoundsand dong/person/month. 66. Income of female headed households in project area ranges from 600-900 thousand dong/month. Their income source mainly from agricultural production, thus they face a lot of difficultities. Out of 04 female headed households, 03 are named in the list of the poor and near poor households in the locality. 67. Income level of households is decisive factor on their expenditure, with such income level, majority of surveyed households answered that they do not have enough money to cover their living expenses (including: eating, investment for their children education, medical treatment and so on). Their main source of income mainly depends on agriculture. Thus, during the project implementation process, poor households, ethnic minorities, policy households, etc. should be paid special attention in the case of resettlement, they have to be relocated to new places, and their opportunities for restoring income and maintaining lives for these households are so difficult. 4.2.2.6. Means of living of households 68. Value of assets in each household depends much on their economic condition. In the surveyed communes/wards areas, rate of poor households and medium-income households is majority, thus, means of living of households are mainly essential, common and low value. Specifically, 62.4 % of households own bicycles, 44.8% of households own phones, 25.7% of households own colored television and 53.5% of households own motorbikes. Furniture ownership situation of households are presented in detailed in the Table as follows: Page 18 Table 17: Means of living of households No. Furniture No.of HHs Rate (%) 1 High quality wooden furniture 2 1.9 2 Motorbike 27 25.7 3 Bicycles 87 62.4 4 Radio 12 11.4 5 Colored television 35 53.5 6 Fridge 14 13.3 7 Washing machine 4 3.8 8 Telephone 47 44.8 Source: Socio-economic Survey, April 2017 4.2.2.7. Vulnerable households 69. Consultation results with local authorities and survey by questionnaire in the project area showed that, out of 165 households affected by works under the Subproject implemented in the first 18-month period, 85 AHs are vulnerable groups, of which: - 68 households are ethnic minority people - 75 poor households (of which 68 households are ethnic minority people) - 4 households with single woman headed with dependents - 05 policy households - 01 household with the elderly 70. Out of total 85 affected households falling into vulnerable group, none of severely affected households has to relocate, 34 households lost 10% or more of total agricultural land area, 51 remaining households are marginally affected. 4.2.2.8. Land Use Right Certificate (LURCs) 71. Through survey of LURCs, 98% of households have LURCs; 2% of households have leased land contracts for agricultural cultivation from Commual PC (Phuoc Son commune, Ninh Phuoc district). 72. Survey on name of land owner in the LURC shows that 43% have LURC named by both spouse; 39.55% have LURC named by husband and 18.5 named by wife. During the period of payment for compensation and support, related documents will be signed by both husband and wife. 4.2.2.9. Access to Utilities and Services 73. Use of electricity: According to consultation results, 98% of surveyed households use the national power grid with their own electricity meters and the average electricity consumption of a household is about 104.000 VND / household / month. Page 19 74. Use of water for eating, living and production: Out of total 40 surveyed households, 59.6% of households use of households use drill well water; 12.5% use stormwater; 27.9% households use tap water for living and eating. 75. Use of toilets: Out of total 40 surveyed AHs, 94.6% of households have their own toilets; 5.4% of households do not have toilets. In the project area, majority of households use two compartment toilet and ash toilet, the septic tank only accounts for a small rate. 76. Waste collection: Currently, in the project area, waste collection is carried out efficiently with frequency of once or twice a day upon conditions of each district. 5. LEGAL FRAMEWORK 77. In order to guide the implementation of involuntary resettlement, this section provides principles, objectives, and eligibility for AHs as well as benefits, institutional and legal frameworks for compensation and restoration measures based on the World Bank’s OP/BP 4.12 Policy on Involuntary Resettlement (amended in May 2011) and Legal Framework of the GoV. 78. The Resettlement Action Plan was prepared on the basis of the Resettlement Policy Framework of the project which has been approved by the Prime Minister and obtained No-objection from the Bank. Simultaneously, the Resettlement Action Plan will comply with the laws, circulars, decrees stipulating the land acquisition, compensation and resettlement in Vietnam, and the WB’s policy on Involuntary Resettlement. 5.1. Legal Framework of GoV 79. The Laws and Decrees with respect to land acquisition, compensation and resettlement in Vietnam are based on the regulations of the city/province at time of preparing RPF and RAP, including: - Constitution of the Socialist Republic of Vietnam adopted in 2013; - Land Law No.45/2013/QH13 dated in 2013, 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 No.45/2013/QH13; - 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. 16/2016/ND-CP dated March 16, 2016 of the GoV and Circular No. 12/2006/TT- BKHĐT dated 08/08/2016 on management and use of official development assistance (ODA) and concessional loans of foreign donors; - Decree No.01/2017/ND-CP dated 06/01/2017 on revising, supplementing some articles of the Decree on detailing the implementation of Land Law; - Circulars No. 36/2014/TT-BTNMT dated June 30, 2014 of Ministry of Natural Resources and Environment on land pricing method; compilation of and adjustment to land price lists; determination of specific land prices and consultancy on land pricing; Page 20 - Circular No.37/2014/TT-BTNMT of the MONRE dated June 30, 2014 on compensation, support and resettlement upon land recovery by the State; - Decision No. 52/2012/QĐ-TTg of the Prime Minister dated 16/11/2012 on employment and vocational training support policies for laborers subject to agricultural land recovery; - Decision No. 1956/2009/QĐ-TTg dated 17/11/2009 of the Prime Minister approving the “scheme on vocational training for rural laborers up to 2020”. 80. Other relevant laws, decrees and regulations: 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/ND-CP dated February 12, 2009 on the management of construction investment projects; 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. 81. 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. 82. 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 Law on Complaints. 83. Decisions issued by Ninh Thuan province related to compensation, assistance and resettlement policies to be applied include: - Decision No. 64/2016/QĐ-UBND on compensation, assistance and resettlement when land in Ninh Thuan province is acquired by the State; - Decision No. 17/2015/QĐ-UBND dated 12 March 2015 of Ninh Thuan PC on the Unit price for compensation for houses, structures when land in Ninh Thuan province is acquired by the State; - Decision No. 13/2016/QD-UBND dated 04 April 2016 of Ninh Thuan PC on Unit price for compensation for trees, crops when land in Ninh Thuan province is acquired by the State; - Decision No.106/2014/QD-UBND dated 29 December 2014 regulating the list of land price in 2015 in Ninh Thuan, applied for 5 years (2015 – 2019); - Decision No. 10/2017/QĐ-UBND dated 06 February 2017 Decision on issuing the Price adjustment list for land of all types in 2015- 2019 in Ninh Thuan province. 5.2. World Bank Policy on Involuntary Resettlement 84. 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 safeguards to address and mitigate the economic, social, and environmental risks arising from involuntary resettlement. 85. Objectives of WB’s policy on involuntary resettlement are the following: (i) Involuntary resettlement should be avoided where feasible or minimized by all viable alternative project designs and selection of location where land acquisition is unavoidable but impacts are minimized; Page 21 (ii) Wherever involuntary resettlement is unavoidable, resettlement activities should be conceived of and executed as sustainable development programs, providing sufficient investment sources to enable affected persons to share project’s benefits; (iii) Directly or indirectly affected persons must be consulted and participated in the process of planning and implementing resettlement programs; (iv) Affected Persons should be assisted in efforts to improve their livelihoods and living standards 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. 86. Required measures. To resolve project impacts, the Project Owner prepared a Resettlement Action Plan that includes measures to ensure that affected persons are: (a) Informed of their options and entitlements to resettlement; (b) Consulted on the offered choices and provided with technically and economically feasible resettlement alternatives; and (c) Provided with prompt and effective compensation at replacement cost for lost assets attributable directly to the project. 5.3. Comparision between GoV’s and WB’s Policies 87. There are still some 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. Comparison of GoV’s and WB’s policies on compensation, assistance and resettlement and proposed policies under the ENDR project is presented in the approved RPF. 88. Vietnam is a country member of the World Bank, the Government of Vietnam has committed that should the international agreements signed or acceded to by Vietnam and the World Bank contains provisions different from those in the existing resettlement legal framework in Vietnam, the provisions of the international agreements with World Bank shall prevail. According to Clause 2, Article 87 of the Land Law 2013: "For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, assistance and resettlement that framework policy shall prevail.” 89. The project Resettlement policy framework confirms that in approving this instrument, the Government of Vietnam and Ninh Thuan Provincial People's Committee grant the waivers to the relevant provisions of the Vietnam law that contradict or are not consistent with the objectives set forth in the Resettlement Policy Framework. The measures taken to resolve these differences and compliance with the WB’s policy on involuntary resettlement are addressed under RPF and applied to this RAP. 6. PRINCIPLES AND POLICIES FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT 6.1. General Principles 90. All projects affected persons (AHs) 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 livelihood will be eligible for livelihood rehabilitation assistance based on the criteria of eligibility defined by the project in consultation with the AHs. If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional assistance measures will be provided. (a) The compensation rates will be determined timely and in consultation based on independent land valuation results of the Independent Valuation Unit hired by Ninh Thuan PMU. Compensation rates for trees/crops/non-land assets will be applied as those issued annually by Ninh Thuan PPC based on market price survey results of Ninh Thuan Department of Page 22 Construction. The independent monitoring agency (IMA) will assess relevance of these compensation rates. (b) All fees and taxes related to transferring land and/or housing and fee for receiving land use right certificate will be exempted for the relocated HHs who already paid fee before for receiving land use right certificate. The local authorities will ensure that AHs who will be arranged relocation on their own, will also be exempted from transaction fees like the ones who will move to the project resettlement sites. (c) Principles on compensation base on the value of land use right by replacement cost (d) For displaced households who disire to be resettlement, they will be arranged in resettlement area. Resettlement area will be suitably planned and implemented with consultation with Ahs. All basic infrastructures, such as asphalted roads, sidewalk, water supply and drainage system, electrical line and phone line will be provided (e) For displaced households, if they don’t want to live in resettlement area, other than the compensated amount they will recieve an additional amount equivalent to unit investment cost for infrastructure in accordance with local regulations. (f) 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). (g) AHs will be provided with full assistances (including amount for transportation) in transporting their personal assets beside compensation according to replacement cost for residential house, land and other properties. (h) The compensation and support for the AH’s restoration must be implemented at least 30 days before occupying assets of non-displaced persons and 60 days for displaced persons. Exceptions should be spared for vulnerable groups who need more time for displacement. (i) Before finishing the Project, if the livelihood recovery can’t be equal to the previous conditions, additional measure for supporting should be taken into consideration. (j) Financial services (for example loans or credits) will be supplied to AHs, if needed. Amounts paid for each installment and repayment method will be under the AHs' capacity of repayment. (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. (l) Services and sources for community at resettlement area will be remained and improved in comparision with the time before displacement. 6.2. Entitlements 91. AHs will be entitled to the compensation, assistance and resettlement policy (if any) in accordance with the regulations of Vietnam and the World Bank OP 4.12. AHs will not be considered for compensation or support from the project for the area to be occupied after the cut-off date announcement. Compensation policies of project are as below: 6.2.1. Compensation Policy for Permanent Impacts 6.2.1.1. Compensation Policy for Agritultural Land 92. For legal land users or legalizable land use rights: Page 23 (i) The local agricultural land fund of wards/commune in Ninh Thuan province is not available, therefore the cash compensation will be applied instead of the “land for land” compensation to affected agricultural land area and assets on acquired land at 100% replacement cost; (ii) If area of remaining land after acquisition is not enough to continue cultivation, the project will acquire the entire piece of land and compensation would be implemented in cash for the affected agricultural land area and assets on the acquired land at 100% replacement cost; (iii) In addition to cash compensation for acquired land area as stipulated above, AHs will be entitled to livelihood restoration assistances as mentioned in the RPF. (iv) In the case of acquired land exceeding the limit of local land allocation quota (except for land by inheritance, donation or receive transfer of land use rights) this land is not entitled to compensation for land but supported remaining values invested in such lands. 93. Users with temporary or leased rights to use communal/public land: (i) For AHs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for the remaining value of investments made on the land, and for all assets attached to the land at replacement cost, and these AHs will also receive additional support for income rehabilitation if they are directly involved in agricultural activities as per Government’s regulations. (ii) Where AHs receive land on a contractual basis but are other than the individuals specified as point (i) above, they shall only receive compensation for the remaining value of investments made on the land and structures created on land at full replacement cost. 94. Land Users who do not have formal or customary rights to the affected land: (i) For agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production will be compensated at 100% as per Article 77.2 of the Land Law. (ii) For other cases, instead of compensation, the AHs will receive financial assistance of an amount corresponding to the remained value of investment made for the land improvement. (iii) In case of a physical impediment caused by the project, AHs will receive additional compensation or supports if required to offset. 6.2.1.2. Compensation for Loss of Land for non-agricultural production and business 95. Organizations, individuals whose land for non-agricultural production and business is acquired will be compensated according to the following cases: (i) All affected households, individuals with LURC or legalizable: i) if local land fund is available and AHs choice, Compensation “land for land” is priority; ii) If land is not available or the AHs prefers to receive cash compensation, they will receive compensation in cash for loss of land and assets on the land acquisition at 100% replacement cost. (ii) Households and individuals who use leased land acquisition with annual rent payment or lump- sum rent payment but were exempted from rent will not be compensated for land but compensated equivalent to remaining values invested in such lands and assets on the land at 100% replacement cost. (iii) Valid organizations (economic organizations, public organizations in accordance with financial autonomy) using land for non-agricultural production and business with lump-sum rent payment (rent unused the state budget) with LURs or legalizable LURs will be compensated “land for land” if local land fund is available, if not, will be compensated in cash at 100% of replacement cost. Page 24 (iv) Valid organizations (economic organizations, public organizations in accordance with financial autonomy) using land for non-agricultural production and business with annual rent payment or lump-sum rent payment but were exempted from rent will not be compensated for land but compensated equivalent to remaining values invested in such lands and assets on the land at 100% replacement cost. 96. In addition to the compensation mentioned above, the project will provide removal allowances of manufacturing and business facilities for affected organizations/Individuals. 6.2.1.3. Compensation for Residential Land 97. Users whose residential land is acquired will be compensated as follows: Loss of residential land without structures: (i) For legal and/or legalizable land users, all compensation for loss of land will be made in cash at 100% replacement cost; (ii) For land users who have no recognizable land use right, financial assistance will be provided corresponding to the remained investment put on the land. The amount will be determined by Provincial People’s Committee. Loss of residential land with structures built thereon, where the remaining (non-acquired) land is adequate to rebuild the structure (reorganizing AHs): (i) Compensation for loss of land will be made in cash at 100% replacement cost for legal and legalizable land users; (ii) Financial assistance of an agreed amount will be provided to land users who do not have recognizable land use rights. The amount will be determined by Provincial People’s Committee. (iii) Regardless of legal status of land use, compensation for affected structures at 100% replacement cost. (iv) If AHs have to rebuild the main house (not necessary to relocate to new area), they will also receive repair allowance as mentioned in the RPF. Loss of residential land with structures built thereon, and the remaining land is not adequate to rebuild the structure in accordance with regulations of PPC (AHs have to relocate): (i) AHs with legal and/or legalizable rights to the affected land, can choose one of the following options:  If AHs choice is compensation “land for land”: AHs will be compensated land plot/apartment in the project’s resettlement site where infrastructure is fully invested and allocation of resettlement land plot/apartment land will be made according to the provisions of Provincial People’s Committee, depending on local land fund. AHs will be provided with a certificate of land/ apartment use without paying any fees.  In case that the compensation amount to be paid is more than the cost of land plot/apartment compensation in the project’s resettlement site, the difference amount will be paid in cash to AHs.  In case the compensation amount (allowance) is lower than the minimum price of a land plot/apartment in the Resettlement Area of the Project, and that AHs have no other places to move to, the displaced households will be received a difference amount to buy a land plot or apartment for resettlement without paying any additional amount.  If AHs choice is not compensation “land for land”, all compensation for loss of land will be made in cash at 100% replacement cost, plus relocation allowance prescribed by the province for self-relocation. Page 25  In case the remaining land is not large enough to rebuild a house, but in the same plot of land there is a pond/ garden/ agricultural land, households may propose converting part of the pond/ garden/agricultural land into residential use according to the provisions of the Ninh Thuan PPC to be able to rebuild house on siteỗ. (ii) The AHs, who do not have legal or legalizable rights to the affected land, are entitled to the following:  Amount of financial assistance will be reviewed and decided by Provincial People’s Committee.  If the AHs have no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site and they can either pay in installments or rent it for living. 98. In case the relocated AHs belong to poor or vulnerable groups or households, additional assistance (in cash and kind) will be provided to ensure that they are able to fully relocate to a new site. Ninh Thuan PPC will consider making decision on assistance level for AHs. 6.2.1.4. Compensation for Structures 99. Compensation policy for structures are as follows: For Loss of Structures: 100. Owners of affected structures shall be compensated as follows:  Compensation in cash will be made for all affected private-owned houses/structures, at 100% the replacement costs, regardless of whether or not they have title to the affected land or a construction permit for the affected structure. The compensation amount will be sufficient to rebuild the affected house/structure of the same quality.  If the house/structure is partially affected, a financial assistance will be provided to enable AHs to repair the affected house/structures to restore it to the former condition, or better, at no additional cost to them.  Cash compensation will be at full replacement cost. No deductions will be made for depreciation or salvageable materials.  The calculation of rates will be based on the actual affected area and not the useable area. (i) Tenants of state-owned or state organization-owned houses will be entitled to rent or buy a new apartment of an area at least equal to their affected ones; or provided a financial assistance equivalent to 60% of replacement cost of the affected land and houses. The affected structures, crops, trees created by the AHs before cut-off date will be compensated for at full replacement costs. (ii) Tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving assets, and will be assisted in identifying alternative accommodation. For Graves: (i) Compensation for the removal of graves/ tombs will include the cost of excavation, relocation, reburial and other related costs which are necessary to satisfy customary requirements. The compensation amount will be determined by Provincial People’s Committee. (ii) For ownerless affected graves, Ninh Thuan PMU will sign a contract with an independent unit for compensation and relocation of them to a new site. (iii) Household and individual graves are considered physical cultural resources (PCR) and even though the costs associated with their relocation will be covered in the resettlement action plan, the WB OP 4.11 on Physical Cultural Resources should be triggered and relevant cross references should be made to the Environmental and Social Management Plan or Project Operation Manual (POM). Page 26 6.2.1.5. For Loss of Crops, Trees and Livestock 101. For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to households who cultivate the land at full replacement cost. Movable affected trees shall be supported fees for transportation and replanting. 102. For livestock (including aquatic livestock), AHs will be compensated in cash at replacement cost at the time of land acquisition. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. 6.2.1.6. Compensation for other assets 103. In the case that the AHs are equipped with telephone system, water meter, electric meter, cable TV, internet access (subscription), the AHs shall be compensated according to the unit price of installing new units, are offered service announcement or relocation costs due to service provider’s regulations. 6.2.1.7. Compensation for Pulic Works 104. In cases where public works such as schools, factories, water sources, roads, sewage systems, medical centers, distribution/transmission, communication and fiber cables are damaged and the community wishes to reuse them, the project will ensure that these are restored or repaired as the case may be, at no cost to the community. 105. Public infrastructure directly related to people’s livelihoods and developmental nee ds, such as irrigation canals, schools, clinics, transportation road, electricity, telecommunication, cable lines (except for the structures with construction permit requiring relocation when needed) etc. will be restored/rebuilt to pre-project or higher quality levels or compensated at replacement cost. 6.2.2. Compensation Policy for Temporary Impacts during the Construction 106. In case the land is needed for temporary construction site, it will be rented following regulations stipulated by the Civil Law. 107. Compensation Policy for loss of private or public structures occurring during construction phase: (i) Damaged property will be restored to its former condition by contractors, immediately upon completion of civil works; (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 repair the damages and may also be required to pay compensation to the affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project. 6.2.3. Any other Impacts Indentified during Implementation 108. Any other impacts that may be identified during implementation will be compensated in accordance with the principles of this RPF and World Bank OP 4.12. Any disruption of business will be compensated in accordance with the principles of the RPF. 6.2.4. Livelihood Restoration Assistances 109. Besides the compensation for affected assets, AHs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. They include, but are not limited to:  For Loss of Residential Land 110. Transportation Allowance to relocating households: Relocating households who move to a new location will be provided financial assistance in cash. The amount will be determined by Provincial People’s Committee. Page 27 111. House Renting Allowance: During the period of waiting for the replacement land plots or apartments, displaced households will receive an allowance for renting house under regulations of PPC 112. Self-relocated households: Which are eligible for resettlement, but self-accommodation: a compensation amount for acquired residential land with 100% replacement cost, will be provided in cash equivalent to cost for basic infrastructure for a resettlement slot. The supporting level will be determined by the Provincial People’s Committee. 113. Reparation Allowance: If house/structure is partially affected and the remaining structure is viable for continued use, the project will provide a repair allowance to enable AHs to restore it to former or better conditions. The level of specific support will be determined by Ninh Thuan PPC. 114. For households/individuals relocated by residential land acquisition that combines business: the project will provide an allowance for vocational training and job creation according to the provisions of the PPCs for demographic in the working age. 115. Subsistence allowance: AHs who is relocated or rebuilt house on the remaining land area will receive subsistence allowance in the transition period. The amount will be determined by Ninh Thuan PPC.  For Impacts on Agricultural Land 116. Allowance for Subsistence allowance (during transition period): AHs impacted with agricultural land will be provided with an assistance in cash equal 30kg rice/person/month, specifically: (i) AHs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with compensation of 6 months if they do not have to be relocated, and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (ii) AHs losing more than 70% of their agricultural landholding will be assisted at the above rate for a period of 12 months if they do not have to relocate, and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided up to a maximum of 36 months; (iii) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. 117. Allowance for production stabilization: Households, individuals who are compensated by agricultural land will be supported for production rehabilitation, including: Support for plant varieties and animal breeds for agricultural production, services such as agricultural/forestry extension, plant protection, animal health, cultivation techniques, animal husbandry and professional techniques for manufacturing, business and commercial services. Form and level of specific support according to the provisions of Ninh Thuan PPC. 118. Allowance for Vocational Training and Job Creation: The maximum support will be 2 (twice) times of price of agricultural land for acquired agricultural land area. 119. Assistance for agricultural, garden and pond land adjacent to, but not included in the category of residential land will be made according to the provisions of Ninh Thuan PPC.  Support for Loss of Income and/or Business 120. Production and business stabilization assistance: (i) Businesses / households with business registration will be compensated or supported. The maximum compensation/support is 30% of after-tax income of 01 years based on their average annual of the last three years which have been declared to the tax authorities; Page 28 (ii) Households without business license but who have met their tax obligations will be entitled to compensation equivalent to 50% of support level for businesses/households with business registration. 121. Removal Support: Organizations and AHs that are leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re-installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. 122. Allowance for interrupted employment: Employees who work in affected manufacturing facilities or businesses with labor contract will receive allowance equivalent to the minimum salary as per the regulations to affected employees during the transition period which can be for a maximum of 6 months as well as assistance in seeking job opportunity if needed.  For Loss of Public Land funds of communes, wards or townships: 123. If land belonging to public land funds of communes, wards or townships is acquired, it will be provided with an assistance of 100% of price of same-type agricultural land in accordance with the land price list issued by the PPC. The assistance amount will be paid into the state budget and allocated in annual budget estimates of communes, wards or townships people’s committee. The assistance amount should be used to invest construction of infrastructure projects used for public interest purposes of communes, wards and townships as stipulated in Article 24 of Decree 47/2014/ND-CP.  Allowances/Assistances for Vulnerable Households (i) For landless households: Assistance through provision of an apartment with either payment by installment to buy it or rent it for living (at AHs’ choice). Additional assistance will be considered if needed to ensure the AHs have a place to live. (ii) Social policy Households: Relocated Households which included heroic mothers, heroic armed force, heroic labor, war veterans, wounded or dead soldiers will be provided with support as regulated by Provincial People’s Committee (to be certified by local authority). (iii) For poor households: apart from received allowanced as regulated for the affected ones, further allowance for vulnerable groups shall be also received as follows:  Poor AHs who have to relocate or lose more than 10% of their agricultural landholding, poor AHs who lose less than 10% of their land but such land area is not enough to continue cultivation: will be assisted in cash equal to 30kg rice/person/month for a period of 24 months or in accordance with provincial policy; whichever is higher.  Other poor AHs: will be assisted in cash equal to 30kg rice/person/month for a period of 6 months or in accordance with provincial policy; whichever is higher. (iv) Other vulnerable groups: Female headed households with dependents, household with disabled persons, elderly without any source of support, poor households and ethnic minority households will get the same support given to poor households in accordance with the provincial policy or assisted in cash equal to 30 kg of rice per person per month for 6 months; whichever is higher.  Other Allowances/Assistances 124. Incentive Bonus for on-time handing over the plan: All AHs who vacate the affected land immediately after receiving compensation and allowances will be given an incentive allowance consistent with each province. 125. AHs who will lose income sources will be entitled to take part in Income Restoration Programs. Rehabilitation measures like agricultural extension services, job training and creation, credit access and/or Page 29 other measures as appropriate will be given to AHs losing income sources to ensure their livelihood could be restored to the pre-project level. 126. Apart from the assistances mentioned above, based on the actual situation, the Project may consider other assistances to secure life stabilization, culture, production and livelihoods of AHs. Page 30 Table 18: Entitlement Matrix Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons I – Impacts due to permanent land acquisition 1.1. Agricultural land4 1.1.1. Marginal impact All AHs with LURC, For affected agricultural land:  Affected households to (<20% of landholding or or legalizable be notified at least 90 (i) The Agricultural land fund of <10% for vulnerable days before land (73 HH) wards/commune in Ninh Thuan group) recovery by the Project. province is in available, therefore the The remaining area of cash compensation will be applied  The owner of land will affected plot is still instead of the “land for land” hand over the land economically viable for compensation to affected agricultural within 20 days from the use or meets the expected land area and assets on acquired land at date District personal yield. 100% replacement cost; Compensation Board fully pays (ii) If area of remaining land after compensation for land. acquisition is not enough to continue cultivation, the project will acquire the  In the case that entire piece of land and compensation compensation “land for would be implemented in cash for the land” is applied, the affected agricultural land area and project will approval assets on the acquired land at 100% land compensation in replacement cost. the order of priority from severely affected (iii) Besides cash compensation for households to marginal acquired land area as stipulated above, affected households. AHs will be entitled to livelihood restoration assistances as mentioned in  Land compensation the RPF. must meet the following principles: a) (iv) In the case of acquired land equivalent to the exceeding the limit of local (except for affected land area but land by inheritance, donation or 4 Classification of agricultural land as stipulated in Article 10 of the Land Law Page 31 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons receive transfer of land use rights) are not exceeding the limit not entitled to compensation for land of local; b) same type but supported remaining values of soil (or equal invested in such lands. The Provincial productive capacity); c) People's Committee may consider satisfactory to the AP; providing supports suitable to the local d) there is land use realities. rights for the head of household and his/her Compensation for assets on the land wife/husband (if any); acquisition, please refer to section 1.4, and e) non-payment of 1.5, 1.6, 1.7, 1.8 of this entitlement taxes, charges and fees matrix. for registration of land Livelihood restoration assistance will be use rights. If land provided, including: allowance for compensation size is production stabilization; allowance for smaller or lower vocational training and job creation quality, AHs will be In addition to above, for agricultural, entitled to garden and pond land adjacent to, but not compensation on cash included in the category of residential equivalent the land, AHs will receive assistance differences. according to the provisions of the PPC.  If area of land acquisition is different between actual measured and recorded on Land Use Rights Certificate (LURC), land acquisition will be compensated according to actual measured area unless otherwise occupied. Page 32 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons 1.1.2. Severe Loss 1.1.2.1. All AHs  Compensation and assistances as  Rehabilitation ≥20% or ≥10% for with LURC, or applicable for sub-item 1.1.1.1 of this assistance will be vulnerable groups legalizable matrix, priority for compensation "land applied in case if the for land" if local land fund is available option "land for land" (36 HH) and AHs choice. cannot be available. The forms of assistance  In addition, they will receive assistance should be consulted in cash for living rehabilitation as closely with specified in item 3.1.2 of this matrix. appropriate and effective measures of agricultural encouragement to assist the poor to restore their income generating capacity and income levels. 1.1.2.2. Land Users  Compensation and assistances as with temporary or applicable for sub-item 1.1.1.2 of this leased rights to use matrix. communal/public land  For the affected families are using land (2 HH) allocated by the State for purposes of agriculture, forestry or aquaculture (excluding special-use forest, protection forest) of State Forest Enterprises (SFEs) and direct participation in agricultural production will be receiving rehabilitation assistances as: production rehabilitation; allowance for vocational training and job creation (please refer to item 3.1.2 of this Page 33 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons entitlement matrix). 1.2. Residential land Marginal loss Legal and/or (i) All compensation for loss of land will  Affected legalizable land users be made in cash at 100% replacement persons/organizations  Loss of residential land cost to be notified at least without structures (83 HH) 180 days before land (ii) Compensation for assets on the land Or recovery by the Project. acquisition, please refer to section 1.4,  Loss of residential land 1.5, 1.6, 1.7, 1.8 of this entitlement  The owner of land will with structures built matrix. hand over the land thereon, where the within 20 days from the remaining (non- date District acquired) land is Compensation Board adequate to rebuild the fully pays structure (reorganizing compensation for land. AHs)  If area of land acquisition is different between actual measured and recorded on Land Use Rights Certificate (LURC), land acquisition will be compensated according to actual measured area unless otherwise occupied. Page 34 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons 1.3. Houses/structures Partial impact Owners of affected (i) Compensation in cash for structures created affected structures at 100% Unaffected portion of the before the cut-off replacement cost. If house/structure house is still viable for date regardless of is partially affected and the use and could be whether or not they remaining structure is viable for remained from the have title to the continued use, the project will technical viewpoints, affected land or provide Repair Allowance (please therefore, require no permit to build the refer item 3.2.1 of this entitlement relocation. affected structure matrix). (60 HH) (ii) Compensation and assistance will be paid in cash, without any depreciation of the structure and without deduction for salvageable materials. (iii) The compensation is calculated according to the actual area affected. 1.4. Crops and Trees, 1.4.1. Loss of, or Owners of affected For annual and perennial standing crops,  AHs to be notified at livestock damage crops and/or crops and trees regardless of the legal status of the land, least 90 days before trees created before the compensation will be paid to households land recovery by the cut-off date regardless who cultivate the land, according to full Project. The crops of the legal status of replacement cost will be paid to the which have been the land affected persons who cultivate the land. cultivated after cut-off For plants which have not been harvested date will not be entitled (111 HH) yet but can be brought to another location, any allowances. the transportation cost and the actual damage due to the transportation and re- planting must be compensated. 1.4.2. Loss of, or Owners of affected For aquatic livestock which are not due to  AHs to be notified at damage livestock aquatic livestock be harvested at the time of land recovery, least 90 days before Page 35 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons (animals, fish, ...) created before the the actual damage due to the early harvest land recovery by the cut-off date regardless will be compensated in cash at Project to arrange of the legal status of replacement cost at the time of land harvest them or stop the land acquisition. In case the aquatic livestock breeding. can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. 1.5. Other assets Loss of, or damage Owners/ users In the case of the affected households is other assets affected assets created equipped with telephone system, water before the cut-off meter, electric meter, cable TV, internet  Such as telephone date regardless of the access (subscription), well shall be system, water meter, legal status of the compensated according to unit price of electric meter, cable land installing new units offer service TV, internet access… announcement or relocation costs due to service providers regulations II. ALLOWANCES AND REHABILITATION ASSISTANCE 2.1 For Impacts on Marginal loss (<20% of Land users: i) have  Allowance for Vocational Training, Job Agricultural Land land holding or <10% LURC or legalizable; changing and Job Creation: The for vulnerable group) and ii) contracted by maximum support will be 05 times of the State and directly agricultural land price of the same kind The remaining area of engaged in in the local land price list for the whole affected plot is still agricultural acquired area but not exceeding the economically viable for production limit of local allocation. The level of use or meets the expected specific support will be determined by personal yield. (73 HHs) Provincial People’s Committee.  Allowance for production rehabilitation: Households, individuals who are compensated by agricultural Page 36 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons land will be, supported production rehabilitation, include: Support for plant varieties and animal breeds for agricultural production, services such as agricultural/forestry extension, plant protection, animal health, cultivation techniques, animal husbandry and professional techniques for manufacturing, business and commercial services. Form and level of specific support according to the provisions of Provincial People’s Committee. Loss ≥20% or ≥10% for Land users: i) have Compensation and assistances as  Price of rice is the vulnerable groups LURC or legalizable; applicable for item 3.1.1 of this matrix. market price at time of and ii) contracted by compensation In addition, they also receive the the State and directly following allowances:  PPC based on the engaged in actual situation will agricultural Subsistence allowance (during transition determine the level of production period): in cash equal 30kg of rice per support. person per month, in particular: (36 HHs) (i) AHs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with compensation of 6 months if they do not have to relocate, and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; Page 37 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons (ii) AHs losing more than 70% of their agricultural landholding will be assisted at the above rate for a period of 12 months if they do not have to relocate, and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided up to a maximum of 36 months; (iii) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. 2.2 For Impacts on Marginal impact Owners of affected  Reparation Allowance: If Residential Land house/structure house/structure is partially affected and  House/structure is created before the the remaining structure is viable for partially affected, the cut-off date regardless continued use, the project will provide a remaining can still of the legal status of repair allowance to enable AHs to continue to use the land restore it to former or better conditions. The level of specific support will be determined by Provincial People’s Committee. 2.3 For public land Land acquisition of Communes, wards For land acquisition of public land funds  Financial assistance public land funds of and towns manage of communes, wards or townships: will be included in the communes, wards or acquired land assistance level is 60% price of same-type annual budget estimates townships agricultural land in the price list issued by of the CPC. It is used to 03 commune the PPC. invest construction of Page 38 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons infrastructure projects, used for public interest purposes of communes, wards and townships as stipulated in Article 24 of Decree 47/2014/ND- CP. 2.4 Other Allowances/ Allowance / Assistance Affected vulnerable  For landless households: assistance  The vulnerable groups Assistances targeted to Vulnerable groups regardless through provision of an apartment that were identified in the Households level of impact AHs can either pay in installment to “Glossary” part. buy or rent it for living (depending on (85 HHs) the choice of the AHs). Additional assistance will be considered if necessary to ensure the affected people have inhabited.  Social Policy Relocated Households that include heroic mothers, heroic armed force, heroic labor, war veterans, wounded or dead soldiers families will be provided with support as regulated by the (to be certified by local authority)  For poor households: apart from received allowanced as regulated for the affected ones, further allowance for vulnerable groups shall be also received as follows: a) Poor AHs who have to relocate or lose more than 10% of their agricultural landholding, poor AHs who lose less Page 39 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons than 10% of their land but such land area is not enough to continue cultivation: will be assisted in cash equal to 30kg rice/person/month for a period of 24 months or in accordance with provincial policy; whichever is higher. b) Other poor AHs: will be assisted in cash equal to 30kg rice/person/month for a period of 6 months or in accordance with provincial policy; whichever is higher.  Other vulnerable groups: Female headed households with dependents, household with disabled persons, elderly without any source of support, poor households and ethnic minority households will get the same support given to poor households in accordance with the provincial policy or assisted in cash equal to 30 kg of rice per person per month for 6 months; whichever is higher. Incentive Bonus AHs move out of the Incentive Bonus: All AHs who vacate the affected areas on time affected land immediately after receiving compensation and allowances will be (165 HHs) given an incentive allowance depending on capacity of each locality. Additional  AHs who will lose income sources will  Income and Livelihood allowances/supports (if be entitled to take part in Income Restoration Programs Page 40 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons necessary) Restoration Programs. Rehabilitation will be designed in measures like agricultural extension combination with services, job training and creation, current programs of the credit access and/or other measures as locality and with the appropriate will be given to AHs losing assistance of income sources to ensure their livelihoods experts. livelihood could be restored to the pre-  The programs will project level. target the needs of both  Apart from the assistances mentioned men and women. above, based on the actual situation, the Project may consider other assistances to secure life stabilization, culture, production and livelihoods of AHs. III - TEMPORARY IMPACTS DURING CONSTRUCTION 3.1 For temporary Temporary loss of Owners/ users  In case the project need temporary loss of land/assets land/assets on affected affected land and/or construction plan, the PMU rents the on affected land land assets created where land of the owners complying with to be used as regulations stipulated by the Civil Law. temporary construction plan 3.2 For impact arising Damages caused by Owners/ users  Damaged property will be restored to  In case of impacts on from the contractors to private or affected land and/or its former condition by contractors, livelihoods of AHs, the construction public structures assets created on immediately upon completion of civil contractors, affected land works construction units have to agree with the  Under their contract terms and households on payment conditions, the contractors will be for disruption of required to take extreme care to avoid business. damaging property during their construction activities. Where damages Page 41 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons do occur, the contractor will be required to repair the damage and may also be required to pay compensation to the affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project IV. OTHER IMPACTS 4.1 Other impacts Any other impacts that Individuals,  In case the Project causes restriction of may be identified organizations in the access to resources or residents’ during implementation project area establishments, such households will be received necessary additional compensation amount or allowances.  Entitlements to compensation and other assistance could be provided in accordance with the compensation policy.  Secondary impacts on production and business or AHs isolated from access to resources temporarily have to be compensated and supported in accordance with OP4.12 of WB. Page 42 7. ELIGIBILITY CRITERIA AND ENTITLEMENTS 7.1. Affected People (AP) 127. Project affected people are those who are directly affected by the Project through the loss of land, residences, other structures, business, assets, or access to resources, specifically:  Persons whose agricultural land will be affected (permanently or temporarily) by the Project;  Persons whose residential land/houses will be affected (permanently or temporarily) by the Project;  Persons whose leased houses will be affected (permanently or temporarily) by the Project;  Persons whose businesses, agricultural activities, occupations, or places of work will be affected (permanently or temporarily) by the Project;  Persons whose crops/ trees (annual and perennial) will be affected in part or in total by the Project;  Persons whose other assets or access to those assets will be affected in part or in total by the Project; and  Persons whose livelihoods will be impacted (permanently or temporarily) due to restriction of access to protected areas by the Project. 7.2. Identification Of Vulnereable Groups Or Households 128. According to the definition of vulnerable group/household in the Project’s Resettlement Policy Framework and the definition of beneficiaries of social sponsorship in Decree No. 67/2007/NĐ-CP dated 13th April 2007 and the Decree No. 13/2010/NĐ-CP dated 27th February 2010 by the Government on support policies for beneficiaries under social sponsorship, the Project’s vulnerable HHs/groups shall include:  Women-headed households (without spouse, widow or inability to work) with dependents;  The disabled (unenable to work), the alone elderly;  The poor (determined by criteria of the Ministry of Labor, Invalids and Social Affairs),  Landless persons;  The elderly of aged 85 or more without any pension and social insurance allowance ;  Mentally and physically handicapped people or people in poor physical health who have been examined and cured in hospital many times but have not been relieved;  Households, individual adopts orphans;  Households with more than 02 severely disabled, who have no capacity to take self-care  Ethnic Minorities. 129. These are special groups that may suffer from inappropriate impacts or are exposed to the risks of further impoverishment from resettlement. Hence, the Compensation Board and the Project Management Unit, during the process of devising compensation, assistance and resettlement methods, must co-operate with the People's Committees of ward/communes to survey and update the list of vulnerable groups or HHs in order to provide timely and proper assistance. 7.3. Eligibility 130. The eligibility for entitlement to compensation is determined by asset ownership criteria as follows: Page 43 (i) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country. In the consideration of such cases, it is also useful to document how long AHs 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 RAP; (iii) Those who cannot legalize the right to land use in accordance with Vietnamese laws or have no recognizable legal right or claim to the land they are occupying. 131. Persons covered under item (i) and (ii) are provided compensation for the land they lose, and other assistance as regulated in the Resettlement Policy Framework. 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 World 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. 132. As defined, a cut-off-date is the date that a State competent agency issues the announcement of land acquisition before detailed measurements (Point 1, Article 67 of 2013 Land Law). However, to build a basis for designing this RAP, 30th March 2017 (completion date of IOL) is defined as the temporary cut-off-date to identify the extent of impact due to land acquisition. AHs and local communities have been informed about this cut-off date and information related to the Project so that they can work out their own production/investment/construction plans, avoiding damages or losses otherwise caused by a lack of information on the Project. 7.4. Right of being compensated 133. Based on each eligible groups, rights to be compensated may be amount and compensation manners provided to AHs. 7.5. New HHs after the cut-off date 134. Those households splitting from larger families after the cut-off-date who meet the following conditions shall be recognized as eligible AHs: (i) Households with multiple generations or many couples living together on a plot of acquired land who are eligible to separate households; (ii) Endorsement by the District authority with verification of commune People’s Committee that the household has split; (iii) Newly born children, spouses of persons named in the household registration books, people who have completed military service, and people who have just returned from schools to live with the AHs from the cut-off date to the date of compensation payment will be entitled to compensation and support outlined in the Resettlement Policy Framework. 135. In case the GoV regulations will be changed and there will be some entitlements, which are better than the ones described in the RPF, these better entitlements will be applied for the affected people (if possible). Page 44 8. LIVELIHOOD RESTORATION PROGRAM 8.1. Income Restoration and Assistance Policies 136. The objective of income restoration 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 and make sure that AHs will adapt themselves to new conditions soon. 137. The project ensures full compensation and assistance policies at replacement cost for the affected land, buildings and assets. Besides, policies to support income restoration for those AHs are guaranteed and stated fully in the Resettlement Policy Framework of the Project. 8.2. Income Restoration Measures 8.2.1. Susistence support 138. Households affected by loss of agricultural land, will be supported 2 times of agricultural land cost for the entire acquired agricultural land area. 8.2.2. Vocational training 139. Through consultations with the commune authorities in the project area, currently, the project communes/wards are organizing training courses on agricultural development programs which are co- organized to develop by Agricultural Extension Center, the cooperatives and the Divisions of Labor, Invalids and Social Affairs of the districts. Hence, the income restoration program for affected households due to the loss of agriculture in the project area will be proposed in combination with the local vocational training programs for rural workers. 140. The training programs are mainly in terms of agriculture (cultivation of chili, industrial trees) and caring and disease prevention of cattle, methods of shrimp culture. The training program mainly focuses on vulnerable households and women. There are three training classes categorized by different people group: 01 class for AHs, 01 for vulnerable groups and 01 for women. There are total 80 women taking part in these classes. However, the project also concentrates on male for agricultural production to ease the burden on women. Training in tailoring 15 women within 6 months. 141. In adition, working-age people affected directly with agricultural production have needs to participate in vocational training, job change, job finding, loans for job creation as per Decision No.52/2012/QĐ-TTg of the Prime Minister, including: Support for vocational training, Support for costs for vocational training with courses as: (i) short-term course (primiary or vocational training, under 3 months) according to the rural labor training scheme by 2020 of the Government; (ii) Intermediate and college level. Vocational training center in Ninh Thuan. According to 157/2007/QĐ-TTg dated 27/9/2007 of the Prime Minister, the maximum loan for students is 800,000 dong/mong (8,000,000 dong/year). The specific loan for students is identified based on tuition fee, domestic activities fee and demand of borrowers, but the maximum amount is no more than 800,000 dong/month. In addition, students in policy, disadvantaged households will be exempted from tuition fees. 8.2.3. Employment services 142. The Project will give priorities for eligible people especially women, during the project construction and operation: consider and prioritize members of relocated households to work as construction workers for the work items under the project. 143. In addition, Ninh Thuan province also has employment services centers directly under Ninh Thuan Department of Labor, Invalids and Social Affairs which are operating very effectively in training and employment services for workers in the province. Page 45 144. Implementation arrangements: Along with the dissemination of information on projects, the Project will also incorporate to disseminate information on training programs to affected persons, especially concentration on women. 8.2.4. Support for Vulnerable Groups 145. Out of 165 AHs by works under the Subproject, 85 AHs fall into vulnerable groups in which: 75 poor households (68 poor households are EM households), 04 single women headed households with independents, 05 policy households, 01 lonely elderly household. 146. Out of 85 AHs under vulnerable group, none of severely affected households has to relocate, 34 households losing 10% or more of total agricultural land area under items of Ba Rau river embankment, Thuan Bac district and Lu river embankment, Ninh Phuoc district, 51 remaining households are marginally affected. Thus, the Project mainly focuses on training activities and transfer of technology for households to develop their economic activites and escape poverty. 147. Specific support policies include: - Giving priority to vocational training or job creation. - Food or material assistance for extremely disadvantageous households without labor capacity (combined with the social welfare policies of locality) o For poor households: in addition assistance as regulations, households affected with land will be assisted as follow: (i) Poor households have to relocate, poor households lose more than 10% of production land area, poor households lose less than 10% of land area, but remaining land area is insufficient for cultivation: will be assisted in cash, equivalent to 30kg of rice/person/month within 24 months or as policies of the province, higher assistance level will be applied; and (ii) Other affected poor households: assisted in cash, equivalent to 30kg of rice/person/month within 6 months or as policies of the province, higher assistance level will be applied. o Other vulnerable groups: Households with women-headed, households with the disable, elderly without support sources and ethnic minority households will be additionally assisted seeds as poor households in accordance with the province’s policy or assisted in cash equivalent to 30kg of rice/person/month within 6 months, higher assistance level will be applied. 8.3. Cost estimate for Income Restoration Measures 148. Results of consultations with affected households showed that households will continue to produce on the remaining land area and shared the opinion that the Project should: (i) support households to maintain their lives; and (ii) study compensation plan, provide reasonable support to the people satisfactorily. For 36 severely affected households who lost 20% of their agricultural land area for the subproject’s items prioritized during the first 18 – month phase, when being asked about their needs / desires/ job options after land acquisition, results are as follow: i) there are 30 households requested to be supported capital and farming techniques to continue their farm work on their remaining land area; ii) 4 households wished to be supported by the project in vocational training and employment services for members at population age without stable employment; iii) 2 households requested to provide loans to do business 149. The total cost estimate rof income restoration program for Ahs in subproject Ninh Thuan provice about 187,200,000 VND equivalent to 8,247 USD. This budget will be provided by Ninh Thuan PPC through counterpart fund. Page 46 Table 19: Cost estimate for Income Restoration Program for AH Time USD (1 USD = No Action Unit Qty Unit cost VND (Month) 22.700 VNĐ) 1 Agriculture component 72,600,000 3,198 Input Class 3 3,000,000 3 27,000,000 1,189 Support from Agriculture center Staff 1 7,600,000 3 22,800,000 1,004 Support from Farmer's Union Staff 1 7,600,000 3 22,800,000 1,004 2 Training component 99,600,000 4,388 Short term training 6 months Class 3 3,000,000 6 54,000,000 2,379 Support from Vocational Staff 1 7,600,000 6 45,600,000 2,009 Training Center Sessio 3 Meeting 3 5,000,000 15,000,000 661 n 4 Total IRP 187,200,000 8,247 9. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE 9.1. Objectives of Public Consultation and Information Disclosure 150. 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 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 disclosure and public consultation include: a) To ensure that all affected persons and stakeholders will be involved in the planning and making decisions on involuntary resettlement related to them; b) Minimize the adverse impacts caused by involuntary resettlement; c) Avoid possible conflicts during project implementation 151. The AHs need to be fully informed and consulted closely on selected areas for resettlement and compensation and assistance plans. Consulting affected persons is the starting point for all activities related to resettlement. People affected by resettlement may fear that they might lose their livelihoods and communities, or fear they do not prepare well for the complex negotiations on entitlements. AHs will be involved in the resettlement planning and management to help decrease fears and give opportunities for them to participate in making decisions on what will affect on their lives. The implementation of resettlement without consultation may lead to an inappropriate strategy and ultimately ineffective. If the affected person is consulted promptly, all conflicts related to the project can be resolved timely. 152. The following points should be focused on encouraging the relevant agencies involved in the consultation process of the Project: Page 47 a. Identify and encourage all relevant agencies, and especially the affected persons participate in the consultation and participation; b. Develop strategies for relevant agencies to participate in the planning, monitoring, implementation and evaluation; c. Explain the strategy and details for the dissemination of information, and establish procedures to allow the affected persons to negotiate their entitlements; d. Attract relevant agencies to participate in making decisions at different stages of project implementation (e.g. compensation mechanism, consulting the affected persons is consult about the compensation progress and implementation, etc.); e. Set up a schedule for activities such as providing information, compensation level and the method and establish interests, location and relocation plan; f. Establish grievance redress procedures 9.2. The Process of Consultation and Participation 153. Responsible agencies: AHs will be notified by Ninh Thuan PMU on the responsibility of organizations/ agencies and local authorities in charge of resettlement and the names and functions of the local government staff along with numbers telephone, address and working time. 154. Implementation process: The AHs will be notified of the process estimated important resettlement activities and building can only begin when the relocation is implemented and finished and the affected persons have to get out of the project area. It is necessary to emphasize that after receiving compensation for their lost property, AHs will soon relocate as stipulated. The CRCs at all levels will be provided with maps, diagrams and statistics concerning the extent of impacts and the implementation plan. 155. Disclosure of information: The RPF will be posted for affected persons and community in public places such as Ninh Thuan PMU, District/City/Ward/Commune People's Committees and even at the community household of the residential area. 156. After RAP approved by the PPC, RAP will be disseminated in public places such as Ninh Thuan PMU, the District/City/Ward/Commune People's Committees, and on the website of the World Bank in Hanoi and Washington D.C. 157. The Resettlement Action Plan and Compensation, Support and Resettlement Frame are also disseminated widely through media means such as local speakers, television, newspapers, posters and leaflets. Moreover, the Project Information Booklet (PIB) will be disseminated in this period. 9.3. Public Consultation 158. During the project preparation, information disclosure and public consultation aims to collect information to evaluate resettlement impacts by the project and give out recommendations of optimal options. This will minimize or eliminate potential negative impacts on the local residents and cope with problems arising during the implementation process. 159. The methods of information disclosure and public consultation include participatory rural appraisal (PRA) and consultation with stakeholders through visits to affected households, public meetings, group discussions, focus group discussion and socio-economic survey. 9.3.1. Public Consultation during the Preparation Phase 160. During the project preparation, local authorities has been informed of project proposal and objectives as well as activities. They actively participated in dicussions for their prioritized development and were aware of the project’s objectives. AHs have been consulted on the impacts and measures taken to minimize the negative impacts and enhance the entitlements to the community. Local authorities have also been advised of agreements and commitments to implementing the resettlement policy Page 48 161. Ninh Thuan PMU, with the assistance of resettlement consultants, conducted consultations on compensation and resettlement with relevant stakeholders, including officials from the ward/ commune People's Committees, the leaders of the hamlets and the local population in the affected area 162. After survey, the PMU has worked with leaders of wards/communes to inform of the implementation of the project, socio-economic survey and Inventory of Loss (IOL), then request the local authorities to work on proposed activities. 163. After completing these surveys and consultations, consulting team has held a meeting with local authorities to deliver the consulting results. At the same time, the consulting teams also figured out related information, advantages and disadvantages, experiences and proposed measures for resettlement action plan and established monitoring indicators as well as further carrying out follow-up implementation in next phases. 164. Early March 2017, Ninh Thuan PMU sent the official document to local communal PC to informexpected households in the project area to request the local authorities to coordinate and invite affected households to attend the public consultation meetings to make announcement and consult local people and community’s opinion about the project policies and people’s benefits. The participation of female is particularly paid much attention because these women can raise their voice during the project implementation. The ratio of female participation in public consultation makes up 30%. 165. The Consultant has carried out 03 public consultations at project communes in Ninh Phuoc and Thuan Bac district in April 2017. Attendees in the consultations include the representatives of local authorities and organizations (Farmer’s Union, Woman Union, Fatherland Front, Youth Union and representatives of affected households in the project area); Representatives of the PMU and technical consulting unit. 166. Main contents of the public consultation consists of: (i) project introduction (objectives, location, scale and plan for project implementation; technical detailed design; and policies regarding compensation, support and site clearance/ resettlement of the Government of Vietnam, The World Bank and Policies of the project. 167. Results of the public consultation with local people in the project area show that people in project area actively raise their opinions in the implementation of the project’s objectives. Results of public consultations in wards/communes in the project area are indicated below: Firstly, The local authorities and local people strongly agree with the project implementation and hope the project to be soon completed. Currently, embankment/dyke lines along Lu river, Dinh river are seriously slided, affecting people’s lives and cultivation as well as public structures of the locality. Secondly, local people and authorities expect the project will be soon implemented to avoid the rainy season (mainly in August, September, October) Thirdly, local authorities and people hope the construction will take notice on the period of harvesting cash crops and crops of people to mitigate losses. Fourtly, local authorities and people hope to frequently receive the project plan and project implementation schedule so that AHs can arrange suitable plants, trees and crops. Finnally, local people hope to recieve full information about compenation and support so that they are clearly aware of compensation options and stand chances to make choices. Table 20: Public Consultation On Land Acquisition and Resettlement No. of Number Participants No. Place Time Contents participants of female Page 49 No. of Number Participants No. Place Time Contents participants of female - Representatives of local authorities and 1. Introduction about unions: Farmer Head Office the project 8h – 17 association, Women’s of PC of (objectives, locations, 1 8 Union, Fatherland Phuoc Son scale and plan of the April 4 Front, Youth’s Union, commune project, etc.); etc. - Technical proposal - Representatives of of the project; work affected households of items to be project Head Office 8 implemented in 2 of PC of Loi 14h00 – - Representatives of wards/communes. 5 Ninh Thuan PMU Hai April 4 - Policies related to commune - Representatives of compensation, support Consultant and site 10 clearance/resettlement of GoV, WB and the Project. Head Office 2. Public consultation of PC of 8h00 – 3 4 about resettlement Phuoc Dan April 5 commune issues and options to arrange resettlement for displaced HHs; (Source: Initial IOL, April 2017 168. Results of the public consultation meetings with the local people showed that in the project area, people actively expressed their opinions on implementation of the project items. Consultation results are shown in the table below: Table 21: Results of public consultation meetings with prioritized work items under the Subproject in the first 18-month phase Feedback from the No. Components/Works Public opinions Agreed Actions Project - Prior to conducting work at locality, the - It is recommended project implementation that the project team unit will receive a implement closely to notification as well as a ensure the quality All participants in detailed work plan to Construction of Dinh river progress of the project, consultation in the send to the locality. embankment in Phuong promptly implement the project wards agreed a Son commune, Ninh project before the flood - The compensation to support the Phuoc District. season. policy for AHs will be implementation of the implemented in project. - In addition, there accordance with the should be a clear plan for policies of the prior notification to local Government of Vietnam authorities before and donors. In addition implementation. to compensation for Page 50 Feedback from the No. Components/Works Public opinions Agreed Actions Project - It is necessary to land and assets on land, publicize early the AHs will receive compensation and additional support such assistance policy to as subsistence, job households so that they change and so on. get the compensation - The project unit plans and have the would like the local opportunity to choose. authorities and people to cooperate and support for the project so that the project can be completed on schedule. - Prior to conducting - AHs completely work at locality, the 100% of delegates agreed to participate in project implementation participating in the site clearance, site unit will send a project consultation clearance areas are notification as well as a meetings in localities mainly riverbank land, detailed work agreed to support the Construction of an and there is a section of implementation plan to project embankment for affected agricultural land localities. implementation. AHs b protection of Ba Rau and land for planting are willing to residential area in Thuan - The project unit annual crops. participate in site Bac district would like the local - It is necessary to clearance for the authorities and people to inform the plan and the project cooperate and support progress of the project implementation. for the project so that implementation so that the project can be AHs are informed and completed on schedule. arrange suitable crops. - Prior to conducting work at locality, the 100% of delegates - People expect the project implementation participating in the project to be unit will send a project consultation implemented soon. notification as well as a meetings in localities Construction of an - AHs completely detailed work agreed to support the embankment for agreed to participate in implementation plan to project c protection of 02 Lu river site clearance, site localities. implementation. AHs banks in Ninh Phuoc clearance areas are are willing to - The project unit district mainly riverbank land, participate in site would like the local there is a section of clearance for the authorities and people to affected agricultural project cooperate and support land, and remaining land implementation. for the project so that area is riverbank. the project can be completed on schedule. 169. After the survey, the meeting with the local authorities for reporting on all survey/consultation results were organized. At the same time, other related information, advantages and disadvantages, experience lessons and proposed measures were discussed and addressed in the Resettlement Action Plan and established monitoring index and continue implementing at next steps. 9.3.2. Consultation during the Project Implementation Page 51 170. During the project implementation, the PMU, with the support from the Consultant, shall undertake 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) The CRC carries out DMS, updates the compensation rates in the updated RAP and reconfirms the scale of land acquisition and impacts on properties based on the results, consultation to affected persons, develop and complete the compensation plan for each affected household. (iv) The 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. (v) 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 services that they are using such as education/health/market and distance of access to those services to ensure development of the future infrastructure services. (vi) Consulting affected people about their desires for the rehabilitation plan. This will be applied for severely affected and vulnerable people. The DCRC will notify affected persons the plan and their entitlement to receive technical assistance before requesting them to make clear their desire on the rehabilitation support. 171. Public consultation: During the preparation of the detailed compensation plan/training and job changing plans, Ninh Thuan PMU or City/District CRC will organize community meetings at each affected commune to provide the PAPs with additional information and give them an opportunity to participate in the open discussions on resettlement policy and procedures. Invitations will be conveyed to all affected persons before the meeting is held in such place. The purpose of this meeting is to clarify the information updated at the meeting time and create opportunities for affected people to discuss the concerned issues and clarify information. In addition to notification letters addressed to affected people, other measures of information dissemination to them and the public in general like posters in prominent places in the headquarter of communes/districts where the affected people are living by means of local radio and newspapers. Both men and women of affected households as well as community members who are interested in the Project are encouraged to participate. In the meeting, there will be explanations about the Project, rights and entitlements of households, and the meeting will be an opportunity to raise related questions. Similar meetings will be organized periodically throughout the project cycle. The consulting organization must be established record of certified CPC committee representing Vietnam Fatherland Front and communal representatives who have acquired land. 172. Public meeting: Prior to the beginning of the detailed design, a public meeting will be held in each ward/commune to provide PAPs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected commune. A letter of invitation will be sent to all PAPs before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAP with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the PAP, other means will be used to inform PAP and the general public such as posters in prominent locations in the communes and wards where PAP are currently residing. Radio and newspapers will also be used to convey information and elicit response. These announcements and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected households will be encouraged to attend, as well as other interested Page 52 community members. The meeting will explain the Project, and households’ rights and entitlements. There will be opportunities to ask questions. Such meetings will be conducted periodically during the Project implementation. 173. Relevant information will be given to the PAP at the meetings (verbally, graphically, and/or on printed leaflets). Leaflets will be available at offices of the project district/city/commune/wards. The meetings are proposed to be implemented according to the following forms. (i) Explanations given verbally and in visual format, including written information and drawings of the proposed design for the different works supported by the Project; (ii) Adequate opportunities will be provided for PAPs to respond with questions and comments. PAPs will be encouraged to contribute their ideas for PAP rehabilitation options. (iii) District/City CRCs will establish a complete list of all PAPs present at the meetings. (iv) District/City CRCs will make a complete record of all questions, comments, opinions and decisions that arise during the information/consultation meetings, and present a report of all the meetings to Ninh Thuan PMU. 174. The following information will be given to PAPs: (i) Project components and sub-projects. This includes the places where they can obtain more detailed information about the Project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project, including explanations about the need for land acquisition for each project. (iii) PAPs rights and entitlements. These will be defined for PAPs. A cut-off date will be announced to establish eligibility. The rights and entitlements for different impact on PAPs, including the entitlements for those losing businesses, jobs and income will be explained. Available options include for land-for-land and cash compensation, options regarding reorganizing and individual resettlement, provisions and entitlements to be provided for each PAP, entitlement to rehabilitation assistance and opportunities for project-related employment will all be discussed and explained. (iv) Grievance redress mechanism. PAPs will be informed that the project policies and procedures are designed to ensure their pre-project living standards are restored. PAPs will also be informed that if there is any confusion or misunderstanding about any aspect of the Project, the resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. PAPs will receive an explanation about how to access grievance redress procedures. They will be given information with details of which office to contact and local contact points for grievance redress. (v) Right to participate and be consulted. The PAPs will be informed about their right to participate in the planning and implementation of the resettlement process. The PAPs will be represented in District’s resettlement committees, and the representative for the PAP will be present whenever commune/district/provincial committees meet so that their participation in all aspects of the project is assured. (vi) Resettlement activities. PAPs will be given an explanation regarding compensation calculations and compensation payments; monitoring procedures which will include interviews with a sample of PAPs; relocation to an individual location/self-relocation; and preliminary information about physical works procedures. (vii) Organizational responsibilities. PAPs will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names Page 53 and positions of the government officials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. PAPs will receive the proposed schedule for the main resettlement activities and informed that physical works will start only after the completion of all resettlement activities and clearance. It will be clarified that they will be expected to move only after receiving full payment of compensation for their lost assets. Implementation schedules and charts will be provided to resettlement committees at all levels. 175. Project Leaflet. A Project Leaflet providing project information will be prepared and handed out to the PAPs in the project preparation and implementation stages to ensure that the people are well aware of the project benefits. The project leaflet will provide detail of the compensation and assistance policies mentioned in this RPF so as to propose social impact mitigation measures in case of land acquisition and site clearance by the sub-project. 9.4. Information Disclosure 176. As requested by WB, the Resettlement Action Plan was disclosed in Vietnamese at local level, especially in the office of Ninh Thuan PMU of Agriculture and Rural Development, the district/city/ward/commune people’s committees, Ninh Thuan province’s portal on June 19, 2017 and on the Bank’s website on June 20, 2017. 10. GRIEVANCES AND REDRESS MECHANISM 10.1. Responsibility 177. The agencies are responsible for carrying out the process for settling complaints, questions during the implementation of site clearance compensation including the CPC, the Department of relevant departments, the site clearance compensation council all levels, the local People's Committee which was affected by the project and the organization in charge of compensation and ground clearance for the construction project as well as Ninh Thuan PMU. Depending on the functions and responsibilities of each level, the mechanism for settling complaints and queries of the affected households will be defined according to the legal documents issued by the State. 178. To ensure the affected households have the opportunity to present complaints related to compensation, support and resettlement, detailed complaint procedures will be established for the project. The objective is to address the complaints of affected households rapidly and right process. The mechanism will be designed to be simple, straightforward, fast, open and fair. By resolving complaints at each project level, project implementation schedule will certainly be more effective. Those who have land recovered if not agree with the decision on compensation, assistance and resettlement can present complaint in accordance with the law. 179. The grievance redress with the decision of compensation and assistance, clearance and resettlement with responsibility for redressing grievances, validity and procedures for settling complaints shall comply with the provisions of Article 204 of the Land Law 2013, articles 89 and 90 of Decree No. 43/2004/ND-CP dated 15May 2014 of the Government of Vietnam on the implementation of the Land Law. 180. Cases related to administrative decisions on land management will comply with procedures to address grievances, complaints, recommendations on civil enforcements set forth in 2011 Law on Complaints and Circular No. 02/2016/TT-BTP dated 01 February 2016 of the Ministry of Justice. 10.2. Grievance Redress Mechanism 181. All inquiries and complaints from complainants on the right of compensation, compensation policies, compensation rate, land acquisition, resettlement and the related entitlements related to restoration programs will be recorded and processed by the competent authorities. Local social Page 54 organizations such as the Fatherland Front, Farmers' Association, Women’s Union, Reconciliation Council, etc. are mobilized to participate actively in the process of reconciliation and resolution of complaints and inquiries from complainants. 182. The grievance procedures consists of four steps as follows: Step 1: Questions and complaints of affected people can be sent to the Land Fund Development Center where the work is carried out or ward/commune People’s Committees. The PMU will work with relevant bodies of the city for settling these complaints. Land fund development center and/or ward/commune People’s Committees shall be responsible for settling these complaints within 30 days from receipt of the complaints from complainants. For complicated cases, the redressing time may be longer but must not exceed 45 days from the date of receipt of the complaints. Step 2: If complainants are unsatisfied with judgment of the LFDC and/or Ward People’s Committee, they can send their grievances to the City People’s Committee. Deputy Chairman of D/CPC is the city council chairman who is responsible for consideration and settlement of complaints of people affected with the participation of relevant agencies are participating menu board. Time to settle complaints by the Board of clearance is within 45 days of receiving the complaint. For complicated cases, the processing time may be longer but must not exceed 60 days from the date of receipt of the complaints and complaints In the case of complaints by complainants beyond the competence of the Council of clearance, the Council will report to the city People's Committee for resolving, simultaneously notify the complainants to know. City Resettlement Council (CRC) is responsible for working with the agencies of the City/District People’s Committees to resolve complaints by people affected within 15 days. Upon receipt of the settlement of the city People's Committee, the commune/ward PCs are responsible for the fulfillment of its notification to the complainants. Step 3: If the AHs still do not satisfy with the decisions of the PPC on their appeals they can submit their cases to the district courts . The Complaint letter is sent to Ninh Thuan PC. PPC is responsible for directing City Resettlement Council (CRC) and the relevant agencies of the city resolved within 45 days of receiving the complaint PPC. PPC shall notify the complainants of settlement results. Step 4: If the complainant is still dissatisfied with the decisions of the PPC, the complainant can bring to the provincial People's Council or to the Court to be resolved according to law. In fact, according to the Law on Complaints 2011, complainants may submit to the court at any given time if they want. Where the complainants send a complaint to the City People's Council, the People's Council will direct the City/District People’s Committees to consider and settle the complaint. Duration resolve complaints within 45 days from the date of the City People's Council received a complaint. Pending the settlement of complaints, including the resolution of disputes in court, the people affected must hand over the site to the project on schedule. Compensation, support amount will be deposited in a commercial bank account. 183. The agencies responsible for complaints and resolve complaints during site clearance and compensation are City/District People’s Committees, relevant departments. CRC at all levels and communes/ wards PCs affected by the project. All records of complaints and resolving complaints related agencies are stored at the LFDC and Ninh Thuan PMU. Ninh Thuan PMU is responsible for updating the list of complainants and status of complaints expressed in the internal monitoring reports. Page 55 11. IMPLEMENTATION ARRANGEMENTS 11.1. Institutional Framework 184. The implementation of resettlement activities requires the involvement of agencies and organizations at national, provincial, district and commune levels. The PC of each Province engaged in the Project will take overall responsibility for the implementation of the general resettlement policy framework and specific resettlement action plan of the sub-project of the province. DCRCs will be established at provincial/district levels in compliance with provisions of Decree No. 47/2014/CP. The provisions and policies of the RPF and the RAP will form the legal basis for the implementation of compensation and resettlement activities of the subproject. Agencies in charge of land acquisition and resettlement include: o Ninh Thuan PPC o District/City PCs o Ninh Thuan PMU of Agriculture and Rural Development o District/City LFDC o People’s Committees of project wards/communes; o Representatives of community and AHs; o Independent Monitoring Agency/Unit/Individual 11.2. Responsibilities of Relevant Agencies 11.2.1. Ninh Thuan PPC 185. Ninh Thuan PPC is responsible to or authorizes the District/City PCs to establish and direct the Appraisal Board in accordance with the Project’s demands. Ninh Thuan PPC or the Distr ict/City PCs (if authorized) shall be responsible for: (i) Approving the Resettlement Policy Framework (if authorized by the Government) (ii) Issuing announcements or authorizing the district/city PCs to announce information on land acquisition when the Sub-Project location has been selected (iii) Appraising and approving RAP after their final draft is approved by the Bank; (iv) Approving land acquisition and allocation in the Project; (v) Making final decision and releasing unit prices of compensation and assistance rates, and support policies towards AHs and vulnerable groups on the basis of the Resettlement Policy Framework and the approved RAP; (vi) Directing the coordination among concerned agencies and provincial departments to implement compensation, assistance and resettlement in accordance with the approved RAP; (vii) Fully funding resettlement activities; (viii) Ensuring that the resettlement activities of the Sub-Project comply with the Policy Framework and the approved RAP. (ix) Considering resettlement locations for AHs, if requested. 11.2.2. Ninh Thuan PMU of Agriculture and Rural Development 186. Ninh Thuan PMU is responsible for implementation of RAP of the Subproject. Accordingly, the project staff who are qualified and experienced will be appointed or assigned to take responsibility for environmental and social safeguards under the Subproject. They will be involved in training courses in relevant policies and procedures since the first stage of implementation. The list of personnel and their Page 56 CVs as well as the above-mentioned training programs should be agreed and approved by the WB. In detail, responsibilities of Ninh Thuan PMU include (i) On behalf of the Client or city to assign the specialized officials in charge of implementing and monitoring resettlement activities in line with the Subproject under the management of the PPC or DPC to prepare plans, coordinate and monitor the RAP. (ii) To prepare and/or update RAP in accordance with the approved Resettlement Policy Framework and submit it to the PPC/City PC and WB for approval before deploying the approved RAP. (iii) To guide all resettlement activities in the project city/wards/communes in conformity with the policies and guidelines of the RAP; (iv) To establish model procedures/processes regarding information disclosure and relevant consultation organization such as sending a monthly notification to the communities on the Project activities; to coordinate other agencies involved in the RAP, implementing and monitoring resettlement activities. (v) To check and advise the PPC on the compensation rates of land and other assets in coordination with other related government departments and agencies of the Province, on the basis of the principles of the approved Resettlement Policy Framework; (vi) To coordinate, supervise, and monitor the implementation of resettlement activities in the Project; (vii) To establish a contact mechanism to ensure suitable technical assistance and logistics for the implementation of compensation and resettlement; (viii) To set up database criteria on AHs for each component as well as for the entire Project. (ix) To establish procedures on internal monitoring to supervise the compliance with the project policies. (x) To establish procedures on monitoring coordination between contractors and local communities, ensuring timely and prompt identification and compensation for impacts on public and private properties during construction. (xi) To select, monitor, and implement recommendations from the independent monitoring agency and independent valuation agency. (xii) To set procedures on promptly implementing necessary measures of adjustments and advising the project owner in handling complaints. (xiii) To coordinate with related agencies to provide employment related to the Project for AHs. (xiv) To take over acquired land from HHs and hand it over to construction units; (xv) To select and mobilize the independent valuation agency to conduct land price survey as a basis for Ninh Thuan PPC to make decision on land prices applied to the project and ensure the closeness to the market price. (xvi) To cooperate closely with the independent monitoring agency; and (xvii) To report periodically on resettlement activities to the WB. (xviii) Ninh Thuans PMU of Agriculture and Rural Development needs a staff who is in charge of directly working with AHs as a first step in redressing grievances. He/She will support vulnerable groups in appealing grievances. AHs will be free of administrative and legal fees arising during the grievance redressing. Further information about his/her responsibilities are mentioned in Term of Reference for key social safeguard personnel. 11.2.3. District/City/District’s People’s Committees 187. District/City/District People’s Committees shall be responsible for: Page 57 (i) Making announcements on land acquisition if authorized by Ninh Thuan PPC (ii) Approving compensation plans prepared by the CRC and submitting them to the PPC for endorsement; (iii) Issuing decisions on land acquisition from individuals and HHs; (iv) Handling complaints and grievances of the AHs within jurisdiction. 188. The City Compensation and Resettlement Committee (CRC) shall take responsibility for compensation and site clearance for the works in the city/districts, including (i) Planning and implementing all daily resettlement activities within the city. (ii) Making inventories of acquired land, completing compensation lists and tables, and preparing sum-up tables to be submitted to competent authorities for approval and paying compensation directly to each affected person after receiving compensation funds; (iii) Preparing allocated land and relevant procedures for the resettlement of relocated HHs; (iv) Appointing staff for conciliation and handling of complaints by AHs on compensation policy and entitlements; (v) If necessary, establishing commune/ward CRCs and directing them in implementing resettlement activities; (vi) Paying special attention to the needs and aspirations of special groups of people (ethnic minorities) and vulnerable people (children, the elderly, female/single household heads); and; (vii) Coordinating closely with independent monitoring agencies. 11.2.4. Ward/Commune People’s Committee 189. Ward/Commune People’s Committees shall be responsible for: (i) Establishing ward-level working groups and manage their operations; assigning ward/commune staff to assist the CRC and Ninh Thuan PMU in preparing DMS for the Project, preparing documents on land acquisition, preparing RAP and implementing resettlement activities; (ii) Verifying AHs’ legal titles or certifying their land use or transfer to meet the requirements of compensation; (iii) Assisting other units and agencies, including Ninh Thuan PMU, in posting or disseminating information; holding community meetings; and consulting AHs for comments; (iv) Assisting other units and agencies, including Ninh Thuan PMU, in carrying out demographic surveys, replacement cost surveys, detailed measurement and inventory surveys, and other resettlement activities; (v) Participating in all operations of land acquisition and allocation, resettlement, recovery support, and social development support; (vi) Supporting AHs in all resettlement activities and living standard restoration. (vii) Notifying AHs on compensation schedule, monitoring compensation implementation; and signing in documents on compensation with AHs; and; (viii) Ensuring full implementation of the mechanism of redressing grievances from AHs; recording all grievances and filing all documents on grievances; supporting and advising AHs; and promptly resolve grievances. 11.2.5. Project Affected People (AHs) 190. AHs shall be responsible for: Page 58 (i) Coordinating with survey teams in carefully checking and certifying affected land and other assets as well as their entitlements; (ii) Participating in all phases of the RAP preparation and implementation and giving feedback to improve the quality of the RAP and devise solutions for implementing the RAP smoothly; and (iii) Moving to new sites in a timely manner after receiving full compensation and entitlements. 11.2.6. Independent Monitoring Agency (IMA) 191. Independent Monitoring Agency (IMA): It is required to identify and hire an agency/ organization or research institute specializing in social sciences, to conduct socio-economic surveys, monitor and evaluate the implementation of the RAP. Ninh Thuan PMU will sign a contract with Independent monitoring Agency. Cost for hiring IMA to carry out independent monitoring of resettlement for the subproject will come from the CF. Independent Monitoring Agency (IMA) will report periodically on progress made and to make recommendations concerning resolving the problems detected in the monitoring process. 12. IMPLEMENTATION PLAN 12.1. Main Activities 192. To ensure the project is successfully implemented and highly efficient, the main activities should be established through an implementation schedule with timelines. Thereby, the implementation progress of work items at certain times can be evaluated. The plan should be mapped out from the start of the project and prolong throughout the implementation process and continuously to the completion phase of the project. In the resettlement action plan, the main contents needed to be done from commencement to completion phase include: a. Announcement of the cut-off-date and compensation plan: all project affected households are fully informed of the entitlements, and policies in RAP, including the eligibility, entitlements, methods and compensation rate, schedules, grievances and redress. Project Information Booklet (PIB) will be prepared by PMU and then it will be distributed to affected households or announced at the meeting in population groups, ward, district, or in the public consultation. Besides, leaflets, posters were also distributed to each household, posted at public places like Ward People's Committee/ social, cultural houses, clinics, schools, etc. Announced land acquisition policy of the project, decide the investment project approval, approval of the project design. b. Socio-economic survey in affected area. c. Development of the plan on development of resettlement sites. d. Development of the livelihood restoration measures. e. Compensation, support, resettlement and livelihood restoration. f. Assessment of the project’s impacts on affected households: One year after the project ended, a social- economic survey in project area will be conducted to assess the impacts of the project on the benefited community and the project affected households. The results of this survey will be served as basis for assessment of the project’s impacts on the community and the lessons learnt for the later project operations and design and implementation. 12.2. Implementation Schedule 193. Implementation schedule for land acquisition of the ENDR – Ninh Thuan province is shown in the table below: Table 22: Implementation Plan Page 59 Main Activities Time Resettlement Action Plan Determine tentative project location and scope of the project’s impacts Quarter I – 2017 Socio-economic survey, preliminary inventory of losses (IOL), public Quarter I – 2017 consultation with affected persons and preparing RAP Submit RAP to Ninh Thuan PMU for reviewing Quarter II – 2017 Submit RAP to World Bank Quarter II – 2017 Implementation of Resettlement Action Plan Preparing cadastral dossiers and land acquisition demarcation Quarter III – 2017 Implement public consultation and information disclosure, detailed measurement survey (DMS), replacement cost survey, prepare detailed Quarter III – 2017 compensation plan From Quarter III/2017 – Compensation payment Quarter II/2018 Site clearance, relocation and restoration measures (if any) From Quarter III/2017 – Quarter II/2018 Post-resettlement evaluation Quarter III – Quarter IV/2018 Page 60 13. MONITORING AND EVALUATION 13.1. Monitoring 194. Monitoring and evaluation activities during the implementation period and after the resettlement stage are to ensure the land acquisition and resettlement activities are to be carried out in accordance with the regulations, guidelines specified in the resettlement action plan. Monitoring provides all stakeholders with continuous reflections on the implementation of land acquisition and resettlement. This activity helps assess the actual successful ability and arising difficulties as soon as possible, to facilitate remedying timely in the project operation phase. 195. Monitoring includes 2 following purposes: (i) Verify whether the project activities are completed efficiently or not, including quantity, quality and time. (ii) Assess whether these activities reach the objectives and purpose of the Project or not, and if not how much do they reach. 196. Ninh Thuan PMU will hire/recruit an Independent Monitoring Agency (IMA) to regularly monitor and supervise the implementation of RAP. 13.2. Internal Monitoring 197. Internal monitoring of the RAP implementation of the Sub-project is the main responsibility of the implementation agency with the support of the project consultants. The implementation agencies will monitor the progress of RAP preparation and implementation throughout the quarterly progress reports. 198. Internal monitoring aims to: (i) Ensure that compensation payment for affected households for the different types of damage is 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 procedures have been followed or not and there is any outstanding issue needed the attention by the management level or not. (vii) Prioritize for interests and needs of affected people, especially poor and vulnerable households. (viii) Ensure transition between relocation, clearance and start of construction of civil works proceeds smoothly and that construction area will not be handed over until affected households have been compensated, supported and resettled satisfactorily. 199. The implementation 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, including redressing of grievances (if any). 200. The implementation agencies will submit internal monitoring reports on the RAP implementation as a part of the quarterly report to be submitted to the WB. The internal monitoring reports should contain the following information: Page 61 (i) Number of affected persons according to types of effect and project component and the status of compensation, relocation and income recovery for each item. (ii) The distributed costs for the activities or for compensation payment and disbursed cost for each activity. (iii) 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) Updated actual schedule of resettlement activities. 13.3. Independent Monitoring 201. Independent monitoring will be conducted by the consulting organization/ non-governmental organization (NGO) experienced in monitoring and evaluation of the implementation of the socio- economic survey. The Project Management Unit will sign a contract with the independent monitoring organization. The implementation of project independent monitoring will be funded by the official development assistance (ODA) for project. The Independent monitoring organization will report every 6 months on the progress and give relevant recommendations to solve any issues arising in the process of monitoring. 202. 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, AHs’ 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. 203. Responsible agencies: In accordance with the World Bank’s requirements for consultant employment, Ninh Thuan PMU will hire an IMA to carry out the independent monitoring and evaluation of RAP implementation. This organization is called the Independent Monitoring Agency (IMA) which specializes in social sciences and has experience in independent monitoring of RAP. The IMA should start its work as soon as the project implementation commences. 204. Major monitoring indicators include: a. Compensation payment and assistance for affected households are implemented according to the entitlements agreed in the RAP; b. Technical assistance, relocation and allowance; c. Income restoration and entitlements to restoration allowances; d. Information disclosure and public consultation; e. Grievance redress procedures, results of resolving complaints; f. Progress of land acquisition. Independent Monitoring Methodology and Approach: Survey Samples 205. A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement action plan. Monitoring will be on a sample basis. Scale of the survey sample may cover 50% relocated households and severely affected households, and at least 10% of the remaining households. Sample survey is implemented twice a year. 206. The sample surveys should include women, elderly, and other vulnerable groups. It should balance representation of male and female respondents. Page 62 207. Post-resettlement evaluation is implemented every 6 months, after completion of the resettlement activities. Independent monitoring agency will be responsible for: (i) reviewing the documents on compensation, assistance and (ii) work with the CRC and local authorities to collect necessary information and data, (iii) interviews with the people; and (iv) group discussions. Database storage 208. The IMA will store information on monitoring of resettlement, include the results of independent monitoring, collect and update basic information about the affected households. All the collected and updated data will be submitted to Ninh Thuan PMU, the managing agency and the World Bank. Monitoring report 209. The monitoring report will be presented during the meeting between the independent monitoring agency (IMA) and PMU immediately after submitting the report. Solutions will be implemented based on the arising problems are outlined in the report and discussions. 210. Independent monitoring reports are made before, during and after resettlement. This report should reflect contents: - Verify the internal monitoring results - Assess whether the resettlement objectives have been achieved or not; how income resources and living standards of the project affected households are restored and improved? - Considering whether the entitlements of resettlement are appropriate with conditions of project affected households and meet the resettlement objectives or not? - Evaluate the effectiveness, impacts and sustainability of the resettlement; lessons learnt for the planning and developing the future resettlement policy. Ex-post evaluation 211. In fact, this is the evaluation at a given point of time on the impact of resettlement and the achieved objectives. The independent monitoring will conduct an evaluation of the resettlement process and impacts from 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. 212. If this evaluation determines that livelihoods of severely affected households have not been restored appropriately with the objectives of the project, an additional fund will be provided to continue support for households above. The Independent Monitoring Report will be not only sent to Ninh Thuan PMU, but also sent directly to the World Bank for following/supervising the progress and effectiveness of the compensation. Or in other words, when a project is not finished, the World Bank will continue monitoring until resettlement activities as mentioned in the RAP have been implemented. When project is completed, the implementation completion report (ICR) will assess the achievements of the resettlement and the lessons learnt and will be incorporated in the evaluation of PMU. This requirement is stated in OP/ BP 4.12, paragraph 12.24. If this evaluation determines the objectives of the resettlement have not been achieved as expected, the ICR will assess the appropriateness of resettlement measures that could be proposed with measures in next time, include follow-up monitoring by the World Bank. The contents of the ICR for next part will be made based on the socio-economic survey of affected households, this survey was conducted at the end of the project (or completion of sub-project), and given the impacts of land acquisition and the impacts on livelihoods for affected households. Page 63 14. COST ESTIMATE FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT 14.1. Funding sources 213. The budget for the implementation of the Resettlement Action Plan will be part of the counterpart fund of Government (budget from Ninh Thuan PPC). Ninh Thuan PPC will provide counterpart funds for the implementation of compensation and resettlement, and will be included in the total investment cost of the project. 214. Ninh Thuan PMU will disburse funds for land acquisition, support and resettlement of the project through the City/District LFDC (District/City CRC). These agencies will be responsible for making compensation payment directly to affected households of the Project. 14.2. Evaluation and compensation for affected assets 215. As required by the World Bank’s OP 4.12 on Involuntary Resettlement, Replacement Costs Survey (RCS) will need to be done to establish basis for calculation of replacement costs for all the lands/crops/structures/assets that will be affected by the Project. 216. Therefore, during the preparation of RAP, consultant agency has surveyed replacement cost and offered compensation cost for land and on-land structures for AHs to ensure they will receive replacement cost. 217. However, in the course of project implementation, an Independent Pricing Agency will be established to carry out surveys on replacement cost for land and assets affected by the Project. The Agency will set up a replacement cost for the base for Ninh Thuan PC to decide compensation rate which is reasonable to the market level before pricing the compensation cost for organizations/individuals affected during preparation of detailed options for compensation, assistance and resettlement. 14.3. Cost estimate 218. Cost estimate 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 RAP implementation is estimated at 1% of total cost of stage of DMS, compensation and restoration support. - The independent monitoring consultant will prepare the technical and financial proposals for bidding. Actual cost will be decided through contract value for independent monitoring consultant. c. Cost for compensation, assistance and resettlement included costs of detailed measurement survey, land acquisition documentation, independent valuation cost, etc. It is estimated at 2% in maximum of total cost of compensation and restoration support. d. Contingency: The rate for contingency should be at about 10% of total cost of compensation and RAP preparation. The contingency will be used in cases of adjusted compensation rates due to inflation, or any adjustments during implementation of the approved RAP. 219. Cost estimate for implementation of RAP for the works under the first 18-month priority Subproject is VND 8,901,493,064 (equivalent to US$ 392,136). Page 64 Table 23: Cost estimate for implementation of RAP Total amount: exchange rate: US$ 1 = VND 22,700 No Items VNĐ USD 1 Compensition for land 1,207,955,000 53,214 2 Compensation for structures 373,779,500 16,466 3 Compensation for trees and crops 398,040,400 17,535 4 Assistances 5,651,640,000 248,971 5 Cost estimate for IRP 187,200,000 8,247 6 Total (1+ 2+ 3+ 4+ 5) 7,818,614,900 344,432 7 Independent monitoring = 1% (6) 78,186,149 3,444 8 Cost estimate for RCS = 0.5% (6) 39,093,075 1,722 9 Management cost = 2% (6) 156,372,298 6,889 10 Total (6+7+8+9) 8,092,266,422 356,488 Contingency (10% of total amount) 809,226,642 35,649 TOTAL COST 8,901,493,064 392,136 Page 65 ANNEXES Annex 1: Replacement Cost Survey Annex 2: Project information leaflet Annex 3: Some Minutes of Public Consultation Meetings At the Project Area Annex 4: Socio-economic Survey Questionnaire for Affected Households in the Project Area Annex 5: Some Pictures of Consultation Meetings Annex 6: List of Affected Households with Different Types Of Impact Annex 7: TOR for Independent Monitoring Page 66