SFG3898 V2 REV HAI DUONG PROVINCIAL PEOPLE’S COMMITTEE WORLD BANK RESETTLEMENT PLAN (Final draft) DYNAMIC CITIES INTEGRATED DEVELOPMENT PROJECT HAI DUONG CITY – HAI DUONG PROVINCE Hai Duong, 10/2017 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province TABLE OF CONTENTS PART 1: PROJECT DESCRIPTION .......................................................................................11 1.1. General Information ..........................................................................................................11 1.2. Hai Duong Subproject........................................................................................................11 PART 2: LAND ACQUISITION AND RESETTLEMENT SCOPE ....................................14 2.1. Number of Affected Households .......................................................................................14 2.2. Impact on Land ..................................................................................................................14 2.3 Affected house/structure and other assets ...........................................................................15 2.4. Impact on Crop and Vegetation .........................................................................................15 2.5. Impact on Physical and Cultural Resources ......................................................................16 2.6. Temporary impact ..............................................................................................................16 2.7. Impact mitigation measures ...............................................................................................16 PART 3: OBJECTIVES OF THE RESETTLEMENT PLAN ...............................................17 PART 4: SOCIO-ECONOMIC PROFILE OF AFFECTED HOUSHEOLDS ....................19 4.1. Socio-economic survey’s objectives and surveying method .............................................19 4.1.1. Ojectives: ....................................................................................................................19 4.1.2 Survey methods ............................................................................................................19 4.2. Hai Duong City’s Socio-Economic Overview ..................................................................20 4.2.1. Natural condition ........................................................................................................20 4.2.2. Socio-economic condition ...........................................................................................20 4.3. Socio-Economic status of affected households.................................................................23 4.3.1. Household size ............................................................................................................23 4.3.2. Education ....................................................................................................................23 4.3.3. Occupation and Employment ......................................................................................23 4.3.4. Household income and expenditure ............................................................................24 4.3.5. Sanitation, public health and medical service ............................................................24 4.3.6. Affected household’s asset ownership ........................................................................25 4.3.7. Debt and utilization of credit ......................................................................................25 4.3.8. Participation in local social network ..........................................................................25 4.4. Land use of affected households ........................................................................................25 4.5. Gender issues .....................................................................................................................25 4.6. Other social impacts ...........................................................................................................27 PART 5: RESETTLEMENT POLICY FRAMEWORK ........................................................29 Resettlement Plan Page 2 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 5.1. World Bank’s Involuntary resettlement policty (OP4.12).. ...............................................29 5.2. Legal framework on compensation, site clearance and resettlement of Viet Nam ............29 5.3. Key gaps between the World Bank’s Involuntary Resettlement policy and the GoV’s laws and regulations. .........................................................................................................................30 PART 6: PROJECT POLICIES ON COMPENSATION, ASSISTANCE AND RESETTLEMENT .....................................................................................................................35 6.1. Eligibility ...........................................................................................................................35 6.2. Resettlement principles of the project ................................................................................35 6.3.1. Compensation for agricultural land ...........................................................................36 6.3.2. Compensation for residential land .............................................................................37 6.3.3. Compensation for house and structure .......................................................................38 6.3.4. Compensation for loss of standing crops, trees and aquatic livestock .......................39 6.3.5. Compensation for affected public structures ..............................................................39 6.3.6. Compensation policy for temporary impacts during construction .............................40 6.3.7. Compensation for transportation of assets .................................................................40 6.3.8. Assistance for income restoration and life subsistence ..............................................40 PART 7. INCOME RESTORATION PROGRAM .................................................................51 PART 8: RESETTLEMENT PREPARATION .......................................................................51 PART 9: COMMUNITY PARTICIPATION AND PUBLIC CONSULTATION ...............51 9.1. Objectives of information dissermination and public consultation ..................................51 9.2. Participation and consultation procedure ...........................................................................51 9.2.1. Public consultation during project preparation .........................................................51 9.2.2. Public consultation during project implementation stage ..........................................54 PART 10: GRIEVANCE REDRESS ........................................................................................56 10.1. Grievance redress responsibility ......................................................................................56 10.2. Grievance redress mechanism ..........................................................................................56 PART 11: INSTITUTIONAL ARRANGEMENT ...................................................................58 11.1. Assesment the capacity of stakeholdes in implementation RP ........................................58 11.2. Responsibility of Project Stakeholders ............................................................................58 PART 12: IMPLEMENTATION PLAN ..................................................................................61 PART 13: BUDGET ESTIMATION ........................................................................................64 13.1. Replacement cost survey..................................................................................................64 13.2. Budget estimation ............................................................................................................65 PART 14: MONITORING AND EVALUATION ...................................................................66 14.1. Objectives of Monitoring ................................................................................................66 Resettlement Plan Page 3 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 14.2. Internal Monitoring ..........................................................................................................66 14.3. External monitoring .........................................................................................................67 ANNEXES ................................................................................................................................70 Annex 1: Minutes of public consultation meetings ..................................................................70 Annex 2: List of affected households ......................................................................................85 Annex 3: Proposed term of reference for independent monitoring consultant .........................87 Annex 4: Tor Rp Hai Duong .....................................................................................................90 Resettlement Plan Page 4 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province LIST OF TABLES Table 1: Summary and Classification of Affected Households ....................................................14 Table 2: Impact on Land ...............................................................................................................15 Table 3: Impact on structure of each work item ...........................................................................15 Table 4: Impact on crops/vegetation and trees .............................................................................15 Table 5: Qualitative method..........................................................................................................20 Table 7: Population distribution in project ward/commune .........................................................21 Table 8: Percentage of poor and near poor households in Hai Duong city in 2016 .....................22 Table 9: Employment of HH’s head and member ........................................................................24 Table 10: Key gaps between GoV’s policies and the World Bank’s policies on compensation, assistance and resettlement and policies applied for this project. .................................................31 Table 11: Entitlement Matrix ........................................................................................................44 Table 12: Public consultation meetings on resettlement...............................................................52 Table 13: Implementation schedule ..............................................................................................63 Table 15: Replacement cost for house and structure (Unit: 1000 VND/m2) ...............................64 Table 16: Replacement cost for crop and vegetation ....................................................................64 Table 17: Tentative budget for the RP implementation ................................................................65 LIST OF FIGURES Figure 1: Master plan of the investments ......................................................................................12 Figure 2: Change in Economic structure and average GDP per capita of Hai Duong city..........21 Figure 3: Structure of organization implementing RP ..................................................................61 Resettlement Plan Page 5 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province ABBREVIATIONS CARC Compensation, Assistance and Resettlement Committee CSCC Compensation and Site Clearance Committee DARD Department of Agriculture and Rurcal development EM Ethnic Minority HS High school IDA Independent Development Agency IMA Independent Monitoring Agency IOL Inventory of Losses LFDC Land fund development center LURC Land Use right Certificate M/DoLISA Ministry/Department of Labor, Invalids and Social Affairs MONRE Minstry of Natural Resources and Environment NGO Non-Governmental organization PAPs Project’s Affected people PC People’s committee PMU Project Management Unit RP Resettlement plan SO Socio-economic SS Secondary school USD US dollar VND Viet Nam dongs WB World Bank Resettlement Plan Page 6 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province DEFINITION OF TERMS Project Affected Persons (PAP): Individuals, households, organizations are those who are physically relocated (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary expropriation of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Census: Census of all affected people will include key socioeconomic information of the project affected persons (PAPs), such as main occupations, sources of income, and levels of income in dorder to be able to determine vulnerable households as well as to establish baseline data for monitoring livelihood restoration of the PAPs. Inventory of losses (IOL): a process where all fixed assets (i.e. lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of displaced households will be determined. Cut-off date: The Cut-off Date for compensation is the date of the Land Acquisition Announcement made by the local authorities, once the delineation of project boundaries has been finalized and prior to the commencement of the DMS. The RAP is updated based on the DMS. The cut-off date is announced to affected people in a transparent manner and evidence of the announcement is provided in the updated RAP. Prior to this, when the RAP and feasibility study are approved, land is formally reserved for the project based upon the basic project design. The delineation of project boundaries is finalized when the project’s detailed technical design is approved. Eligibility: The criteria to be used for the project to determine PAPs who shall be entitled to compensation and support under the resettlement program. Compensation (in cash or in kind): for loss of assets including land and non-land assets and loss of income sources. Compensation for loss of assets will be at replacement costs. Rehabilitation measures to restore and improve incomes will be determined in consultation with the PAPs. Host community: Community residing in or near the area to which affected people are to be relocated. Replacement Cost: the amount which is needed to replace an affected asset without depreciation or deductions for salvageable materials, inclusive of taxes, and/or costs of transactions. It is calculated before displacement as follows: a. Productive land (agricultural, fishponds, gardens, forests) based on market prices that reflect recent land sales of comparable land in the district and other nearby areas or, in the absence of such recent sales, based on the land’s productive value; Resettlement Plan Page 7 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province b. Residential land based on market prices that reflect recent transactions of comparable residential land in the district and other nearby areas or, in the absence of such recent land transactions, based on transactions in other locations with similar qualities; c. Houses and other related structures based on current market prices of materials and labor without depreciation or deductions for salvaged building materials plus fees for obtaining the ownership papers; d. Trees and domestic animals based on the current market value of the trees/animals at the time of land acquisition; Replacement Cost Survey: the process involved in determining the replacement cost of land, and non-land assets affected based on market surveys. Resettlement. This RP, in accordance with the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), 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. Resettlement Assistance: Additional support provided to the PAPs who are losing assets (particularly productive assets), incomes, employment or sources of living, to supplement the compensation payment for acquired assets to achieve, at a minimum, the full restoration of living standards and quality of life same as their pre-project condition. Livelihood (income): A set of economic activities, involving self-employment, and or waged 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. Livelihood restoration: refers to a set of measures/activities provided to the affected people who lost income sources and/or means of livelihoods and with their efforts to restore their income and living standard, as equal to or better than pre-project level. Severely affected households. Household who lose 20% (10% or more for the vulnerable) or more of their productive land holding is considered as severely affected as a result of the project. Vulnerable Groups and Individuals at risk: a person or a group of people who might, due to project land acquisition and resettlement, suffer disproportionately from adverse impacts of the project and/or be less able to access the project benefits and asset compensation, including livelihood restoration, when compared to the rest of the PAPs. Vulnerable people include: (i) single female headed households with dependents and economic disadvantage (single, widow, disabled husband); (ii) people with physical or mental disability (loss of working ability); (iii) the poor under MOLISA standard; (iv) the elderly alone; (v) ethnic minority people; and (vi) social policy families (as defined by each province). List of the vulnerable will be determined throughout SES and public consultation during project preparation. Resettlement Plan Page 8 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province EXECUTIVE SUMMARY Introduction This Resettlement Plan (RP) is prepared for Hai Duong city in Hai Duong province under the Dynamic Cities Integrated Development Project –which uses credit fund from the World Bank. The subproject has 2 main components: (i) Component 1: Construction of technical infrastructure and urban roads; (ii) Component 2: Technical assistance and implementation support. In these 2 components, component 1 requires land acquisition and site clearance. This plan includes results of the preliminary inventory of loss, socio- economic survey, entitlement of the affected people and assessment on project positive and negative effects. The plan also refers to resettlement options, livelihood restoration program, plan and cost for implementation of the RP. Land acquisition and Site Clearance Following the project preliminary design, proposed work items in the Component 1 include: (a) Lining embankment for T1 canal and construction of Lo Cuong pumping station; (b) Lining embankment for Bach Dang river banks; (c) Improvement of environmental sanitation including: (construction of separate drainage system = l127.14km; construction of 4 booster pumping stations and the wastewater treatment plant Q=12,000m2). Total about 7,691.91 m2 of land will be acquired, including 668.1 m2 residential land; 478.81m2 pond land, 1,545 m2 canal land under CPC management and 5,000m2 of landfill; 90 households will be affected of which 80 households will lose land and 18 households will be affected structures. No households will be relocated. No ethnic minority people is found in the project area. Mitigation Measures During the preparation for the project, Consultant worked with relevant authorities and consulted with affected households, surveys and public consultation to find out measures to mitigate negative impacts from the project, increase investment efficiency and minimize land acquisition. Selection of resettlement options has been discussed with affected households to minimize impacts and to recover the affected economy. Policy Framework A Project Resettlement Policy Framework (RPF) was prepared based on the World Bank’s Operation Policy (OP.4.12) on involuntary resettlement and the laws and regulations of the GOV on compensation and resettlement when the State recovers land for public purposes. This RP is developed based on the RPF and integrated regulations of Hai Duong PPC on compensation, support and resettlement applied for the province. The main objective of this RP is to establish a set of criteria for compensate, support and resettlement for affected households based on the principles of full replacement cost. The PAHs will be provided with various types of assistance for life stabilization. Income Restoration Program There will be no household being severily affected and no household will be relocated. Thus, income restoration program will not be required. However, AHs losing agriculture land will get an allowance for job training/creation according to the PPC’s decision. Resettlement Plan Page 9 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Institutional Arrangement Hai Duong city PMU and the town people’s council are in charge of implementing the compensation, support and resettlement and be responsible for managing and monitoring the implementation of the Resettlement Plan. During the project implementation, there will be close connection among staffs of relevant agencies including staffs of the Compensation and Resettlement Commission, PMU staffs, ward/commune PC staffs and local people in the project area and resettlement specialists. Implementation Plan Resettlement plan is implemented in connection with the construction work of the project. Affected households will get full compensation and allowance before site clearance which is expected to start in Quarter IV 2018. Public Consultation and Participation Local government, people and affected households will be consulted via public meetings. Socio-economic survey and inventory of loss was done for affected households. Obtained results during the public consultation have been presented in the resettlement plan and will be updated for the implementation process. Consulation will be continued during the project implementation. Monitoring and Evaluation The Project Management Unit (PMU) is responsible for conducting internal monitoring the implementation of the RP. In addition, the PMU will hire an external monitoring agency (EMA) to undertake independent monitoring of the process of RP implementation and to assess living standard of the affected people during and after the completion of the resettlement. Grievance Redress Mechanism To ensure all complaints from affected people regarding land acquisition, compensation and resettlement are resolved timely and satisfactorilly, a grievance redress mechanism was established in this Resettlement Plan. All affected people can make their complaints and querries in oral or writing on their entitlements, compensation price, support, income restoration... to the implementing agencies without paying any cost relating the resolution of these complaints at all levels. The complaints will go through 3 levels to be resolved before chosing the court as final resolution. The PMU will appoint one staff being in charge of monitoring and following up complaints and grievance of APs until resolved. Resettlement Cost Estimate Total estimated cost for implementation of this RP is about 58,441,000,000VND ($2,568,844) and provided by Hai Duong PPC from counterpart fund. This includes cost for compensation of land, non-land assets and crops/trees as well as cost for income restoration program, monitoring and evaluation. Resettlement cost will be updated at the time of compensation based on results of replacement cost survey. Resettlement Plan Page 10 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 1: PROJECT DESCRIPTION 1.1. General Information 1. Proposal of the Dynamic Cities Integrated Development Project (DCIDP) was approved by the Prime Minister in the document No. 2318/VPCP-QHQT dated March 14th, 2017 of the Government Office. The project uses IBRD fund of the World Bank Group and counterpart funds from local /central budget. The proposed project development objective is to increase access to improved urban infrastructure services and enhance integrated urban planning and management capacity in the project cities; 2. The Project is implemented in five cities/towns, including (1) Hai Duong city (Hai Duong province); (2) Ky Anh city (Ha Tinh Province); (3) Tinh Gia town (Thanh Hoa Province); (4) Thai Nguyen city (Thai Nguyen Province), and (5) Yen Bai city (Yen Bai Province). 3. The overall objective of the project is to increase access to improved urban infrastructure services and enhance integrated urban planning and management capacity in the project cities. 4. To achieve the above objectives, the project consists of 2 components: Component 1: Structural solutions – Rehabilitation, construction of urban technical infrastructure system; Component 2: Non-structural solutions - Technical assistance and implementation support. 5. The duration of “the Dynamic Cities Integrated Development Project” is expected to be 5 years, starting in 2018 and completed in 2023. 1.2. Hai Duong Subproject 6. Hai Duong city is located in the Northern Key Economic Zone, with favorable transport location for economic development, particularly for development of industry and service. Hai Duong city has total natural land area of 71.6 km2, population of 231,662 people (as of 31st December 2016) and has 21 administrative units including 17 wards and 4 communes. The city’s poor household percentage based on the multi-dimensional poverty index is 3.26%. 7. Project’s objectives: Overall objectives: - To improve access to improved urban technical infrastructure and capacity building for urban planning and management in the project areas. Specific objectives: - To raise the competitiveness of Hai Duong urban center in attracting people to come for living, attracting investors to develop services, trade and tourism; - Minimize damage caused by flooding by improving and maintaining existing urban drainage capacity and ensuring urban drainage in the future when urbanized under approved plans; - To promote the economic development of Hai Duong urban area; Resettlement Plan Page 11 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Minimize the risk of traffic accidents through the development of interconnected transport corridors; - Improved control of urban development through soft solutions in urban management, climate change; - Step by step realizing the approved plannings and plans. 8. Project’s Components: the project consists of two main components, namely: Component 1: Improvement of Urban infrastructure a. Develop technical infrastructure - Develop technical infrastructure on Nguyen Luong Bang road (L= 5.01km); - Develop technical infrastructure on Thanh Binh (L= 3.84km); b. Rehabilitate drainage capacity to prevent inundation - Dredge and line embankment for T1 canal banks (section from Nguyen Luong Bang to Sat river (L = 1.58km)); - Construct Lo Cuong pumping station with capacity Q = 11m3; - Rehabilitate drainage system in the North of the railway: o Construct Nghe Lake as the compensating lake, area F =2.4ha; o Rehabilitate the ditch system BxH =600x600 – BxH = 1000 x4000 to conduct water (L = 4.09km); o Rehabilitate drainage system in the North of the railway: Construct open channel system, BxH = 800x80 – BxH =2000x2000 along 7 sewer locations on NH5, L = 3.5km, and construct two booster pumping stations along NH 5 with capacity Q1=2.7m3/s and Q2 =1.28m3/s. - Line the embankment for Bach Dang river banks from Tam Giang to the Dock (L =1.4km), construct one management road from 2- 4m wide. c. Improve environmental sanitation: - Construct one separate drainage system with diameter size from D300- D600 with length L =127.14km; - Construct 4 booster pumping stations with capacity Q= 238m3/day to Q= 12,000m3/day and the forced pipeline from D150 – D600, L =1.53km; - Construct the wastewater treatment plant capacity Q=12,000m3/day by 2025. Component 2: Technical Assistance and Investment Implementation 9. The main objectives of this component are to (i) support the preparation of general development strategy of Hai Duong city; (ii) support preparation of development strategy for public transport; (iii) support preparation of plan for management of natural disaster and climate change. 10. Project’s scope: The project covers 10 urban wards namely Cam Thuong, Binh Han, Nhi Chau, Thanh Binh, Tan Binh, Tu Minh, Viet Hoa, Tran Hung Dao, Tran Phu and Ngoc Chau. 11. Project’s owner: Hai Duong City People’s Committee Figure 1: Master plan of the investments Resettlement Plan Page 12 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 2.Rehabilitation of 5. Wastewater drainage system in the collection network north of raiiway in the west of the city F=1916 ha 1. Complete infrastructure on Nguyen Luong Bang street, L=2.4km and Thanh Binh street-L=1.65km 3. Rehabilitate T1 canal L=1,58km, new Lo Cuong pumping station, Q=36,000m3/h 4. Bach Dang river 5.WWTP embankment Q=12,000 L=1,4km m3/day WWTP Existing facilities New pumping station Existing pumping station Resettlement Plan Page 13 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 2: LAND ACQUISITION AND RESETTLEMENT SCOPE 12. Component 1 will require land acquisition. Details of this impact on households are determined basing on the inventory of losses as follows: 2.1. Number of Affected Households 13. Results of the Inventory of losses show that 90 households will be affected by the project, of which 35 households will be affected house and structure but no households has to relocate. There are two vulnerable households (one social policy household and one poor household). 15 business households will be affected under the construction of the Bach Dang river embankment item. No ethnic minority household is found in the project area. Classification of affected households is presented in following table: Table 1: Summary and Classification of Affected Households Affected Affected Severely Vulnerable Relocat Business No. Work item agency/organ affected HHs HH ed HH HHs ization HH T1 canal 1 embankment and Lo 10 1 0 0 0 0 Cuong Pumping station Bach Dang river 2 78 0 2 0 0 15 embankment Environmental 3 sanitation 0 1 0 0 0 0 improvement Improvement of drainage system in 4 2 0 0 0 0 0 the North of the railway Total 90 3 2 0 0 15 (Source: Inventory of Losses) 2.2. Impact on Land 14. The project will affect 7,691.91 m2 of land, including 668.1m2 residential land, 478.81m2 pond land, 1,545m2 canal land under CPC’s management and 5,000m2 of landfill under management of Hai Duong City Transport Company. Resettlement Plan Page 14 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Table 2: Impact on Land Residenti No Total Work item al land Pond land Canal land Landfill (m2) (m2) 1 T1 canal embankment and 0 455 1,545 0 2,000 Lo Cuong Pumping station Bach Dang river 2 618.17 23.81 0 0 641.98 embankment Environmental sanitation 3 0 0 5.000 5.000 improvement Improvement of drainage 4 system in the North of the 49.93 0 0 0 49.93 railway Total 668.1 478.81 1,545 5,000 7,691.91 (Source: Inventory of Losses) 2.3 Affected house/structure and other assets 15. The project will affect partly house and structure of 35 households but no households has to relocate, including 3,510m2, of house, 85m2 of breeding facilities, 960m2 of yard and 1,560m2 of fence will be affected. Table 3: Impact on structure of each work item Work item House (m2) Breeding Yard Fence No facilities (m2) (m2) (m2) T1 canal embankment and Lo 1 0 85 0 0 Cuong Pumping station 2 Bach Dang river embankment 3,510 0 960 1,560 Total 3,510 85 960 1,560 (Source: Inventory of Losses) 2.4. Impact on Crop and Vegetation 16. The project will affect trees, crops and vegetation including: (i) 3,510 fruit trees, (ii) 85 timber trees. Main impacts are summarized in Table 4. Table 4: Impact on crops/vegetation and trees Work item Fruit tree Timber tree (tree) No (tree) 1 T1 canal embankment and Lo Cuong Pumping station 0 85 2 Bach Dang river embankment 3,510 0 Total 3,510 85 (Source: Inventory of Losses) Resettlement Plan Page 15 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 2.5. Impact on Physical and Cultural Resources 17. Mitigation measures were applied for selection of works items and activities so there is no relocation of cultural and historical works and relics. 2.6. Temporary impact 18. During the construction and installation of wastewater drainage pipeline, the project will affect 127.14 km asphalt road and concrete road in the residential areas of 7 wards namely Cam Thuong, Binh Han, Nhi Chau, Thanh Binh, Tan Binh, Tu Minh and Viet Hoa. The project will also hinder people’s movement and access to shops and works on the route during construction time. 2.7. Impact mitigation measures 19. To ensure involuntary resettlement is avoidable and/or mitigatable where is possible key principles for selecting work items for component 1 were agreed with the World Bank and participating provinces as follows: (i) proposed work items should be constructed on the existing works or on the public land; (ii) land acquisition and relocation must be minimized where is possible by applying alternative design measures; (iii) Where land acquisition is unavoidable, a resettlement plan (RP) is prepared in compliance with OP4.12 of the World Bank on involuntary resettlement to ensure all affected assets and affected households are included in the RP and will be compensated at replacement cost and assisted to at least restore their livelihoods and living standard to pre-project level. 20. Accordingly, in the stage of feasibility study the following criteria were applied to select work items to minimize unexpected resettlement impacts: - During the project preparation, the PMU have closely cooperated with technical consultant and resettlement consultant to conduct survey and measurement, studying on location and size of each work item to propose the most optimum solution in order to minimize household land acquisition. Technical solutions are propsed to reduce design scope and width of road on the canal bank, therefore, no households will be relocated. Details for each work item are as follows: o T1 canal embankment and construction of Lo Cuong pumping station: (i) Lining embankment along canal’s existing status; (ii) Construct Lo Cuong pumping station on the canal land. o Bach Dang river embankment: lining embankment along the river bank’s existing status, encroachment to the river bed can be possible if the river bed is wide, avoiding impact on household’s land. o Improvement of environmental sanitation: (i) location of the treatment plant is arranged on the landfill area; (ii) to use FCR technology which is a modern technology, help to save land budget; (iii) wastewater collection sewers are installed on sidewalk or under the road bed. o Rehabilitation of the drainage system in the north of the railway: maximize design options on the existing ditch area, minimize impacts on land. - During the preparation of the project and the development of the RAP, many community consultations with stakeholders, including PAPs have been organized by the PMU and the resettlement consultant in the project area. During consultations, a number of issues were Resettlement Plan Page 16 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province discussed, such as project designs, mitigation measures, compensation and assistance policies of the project, income restoration programs for severely affected HHs to provide suitable solutions. All residents supported the project and expected the project to be implemented soon. - In order to minimize impacts on HHs living on both sides of the road during the construction phase, the resettlement consultants consulted with the local authorities and the HHs living there, to bring out the mitigation measures appropriate to each local area. These mitigation measures will be applied during each step of construction to minimize negative impact on local people. - Construction schedule will be publicly informed to local authorities and affected households, so that AHs have plans to cultivate or harvest accordingly. - The resettlement consultant firm has also organized the meetings with the design consulting units of the project to discuss about location of the local works, public works and the selection of design solutions in order to avoid/minimize negative impacts on local people, etc. At the same time, develop criteria together to minimize impacts during the construction process such as establishment of occupational safety plans (in case construction is close to residential areas), arrangement of suitable materials and tools (signboards, partitions with residential areas, etc.), time, and construction schedule and so on. PART 3: OBJECTIVES OF THE RESETTLEMENT PLAN 21. The Resettlement Plan is prepared for Hai Duong subproject based on the Project Resettlement Policy Framework (RPF) which was prepared based on the World Bank’s Operation Policy (OP 4.12) on involuntary resettlement and the laws and regulations of the Government of Viet Nam on land acquisition, compensation, support and resettlement when the state recovers land. This Resettlement Plan ensures ability of the subproject to (i) avoid involuntary resettlement where is possible; (ii) minimize involuntary resettlement by alternate design solutions and compensation where land acquisition is unavoidable; (iii) improve or at least restore affected people’s living condition equal to their pre-project living standard; and (iv) improve living standard for the poor and the vulnerable households. 22. Based on these principles, main objectives of the resettlement plan include: - Determining accurately and sufficiently impacts, loss of land, houses, structure and other assets for all affected individuals and organizations. - Establising criteria, eligibilities, and entitlements for compensation, support and resettlement. - Arraranging sufficient resettlement areas for relocated households. - Implementing supportive programs to minimize difficulties for affected households during and after land acquisition and relocation, ensuring that living condition of the relocated households at their new residences to be “better or at least equal” to their pre- project living conditions. - Ensuring provision of sufficient and timely budget for payment of the compensation and assistance for affected persons. - Ensuring timely handing over land for construction as project’s general schedule. Resettlement Plan Page 17 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Promoting involvement of affected persons and community in preparation, implementation and supervision of the resettlement plan. - Establishing a grievance redress mechanism to ensure all complaints of APs will be resolved timely, satisfactorily, and transparently. - Establishing a mechanism of consultation, participation and supervision of affected people. 23. This Resettlement Plan is prepared based on the project’s basic design. Main outputs of the plan will be included in the Feasibility Study report to ensure Government’s budget allocation for the project implementation. This Resettlement Plan will be updated after completing the detailed design, detailed measurement survey and replacement cost survey. Resettlement Plan Page 18 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 4: SOCIO-ECONOMIC PROFILE OF AFFECTED HOUSHEOLDS 4.1. Socio-economic survey’s objectives and surveying method 4.1.1. Objectives: 24. Generally, the socioeconomic survey on affected households helps understand the overall context of the subproject area and current socioeconomic status of affected households. It also provides inputs for preparation of resettlement instruments and designing livelihood restoration measures more relevant to the context of affected households to ensure the sustainability of the project entitlements. 25. Specifically, the Socioeconomic Survey (SES) aims to collect, from affected households, information on a) their demographic characteristics, b) occupations, c) living standards (income, expenditure, loan/credit, health status, environmental sanitation, water access, participation of PAP in local groups, social bonds), d) vulnerability of affected households, e) project impact on people’s assets, including its cumulative impact at household level, f) consultation with PAP on the potential impact (self-assessment) and mitigation measures, g) their ability to restore their livelihoods, h) preference on resettlement options, and i) their support for project implementation. 4.1.2 Survey methods 26. The socio-economic survey (SES): was conducted to collect socio-economic information of the affected households (including information on demographic characteristics, occupation, income and livelihood, ethnicity, educational level, their accessibility to social and physical infrastructure services and their interests). The survey was carried out in October 2017 on (i) 100% severely affected households (losing 20% (10% for poor and vulnerable group) or more of agricultural land and being relocated) and (ii) 20% of remaining affected households. Total samples for the survey were 90 households (100% project affected households). 27. Besides, Consultant also studied related documents including Statistic Yearbook, Annual Socio-economic reports of the city, province, and wards …to search basic information on the project area. 28. One inventory of losses (IOL) was conducted on all affected households based on the basic design. 29. Replacement cost survey: The replacement cost survey (RCS) aims to collect market price of land and non-land assets in the project area to establish a required budget source for paying the compensation for other impacts at the market price applying at the time of compensation. Detailed replacement cost survey will be conducted during implementation of resettlement land by experienced specialists to determine unit price for each type of affected asset and submitted to the Provincial People’s Committee for approval. The approved replacement cost will apply for compensation. Resettlement Plan Page 19 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 30. Beside, qualitative methods were also applied. Numbers of focus group discussions and in-depth interviews are showed in the table: Table 5: Qualitative method Focus group discussions 5 In-depth interviews Business households 5 Head of villages 7 Representative of CPC/CPT 5 Representative of DPC 2 Total 24 4.2. Hai Duong City’s Socio-Economic Overview 4.2.1. Natural condition 31. Hai Duong city is located in the central area of Hai Duong province. It borders with Nam Sach district to the North, Kim Thanh and Thanh Ha districts to the East, Cam Giang district to the West, Gia Loc district to the South and Thanh Ha and Tuy Ky districts to the Southeast. Hai Duong city is 57km from Ha Noi capital to the East and 45km from Hai Phong city to the West. 32. The city’s natural land area is 7,265,67 ha accounting for 4.35% of the province’s total land area. Hai Duong City’s land use structure is presented in following table: Table 6: Hai Duong city’s land use structure No. Type of land Area (ha) % Land area 7,265.67 100.0 1 Agricultural land 2,333.5 32.12 2 Non-agricultural land 4,919.32 67.71 3 Un-used land 12.85 0.18 (Source: Hai Duong City Statistic Yearbook 2016) 4.2.2. Socio-economic condition a. Economic condition 33. Hai Duong city’s average GDP in 2011 – 2015 reached 11.4%, of which Service sector had the highest growth rate of 15.1%/year, Construction – Industry sector had rather stable growth rate at 10.4%/year compared with the previous year, Forestry, Agriculture and Aquaculture remained unchanged, only at 0.03%/year. 34. Hai Duong city’s average GDP per capita in 2016 was 51 million dongs/person/year and was higher than the national average GDP per capita which is 48.4 million dongs/person/year. Resettlement Plan Page 20 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Figure 2: Change in Economic structure and average GDP per capita of Hai Duong city (Source: Hai Duong City Socio-Economic Report) b. Social condition • Population 35. By the year 2016, Hai Duong city’s population are 231,662 people, equivalent to about 57,975 households, of which 209,045 are urban residents, accounting for 90.24%, and 22,618 are rural residents, accounting for 9.76%. Female population accounts for 52.69% (122,068 people) while male population accounts for 47.31% (109,595 people) Table 7: Population distribution in project ward/commune Existing population Density (people/ No Administrative unit Area (km2) (people) km2) Total 71.76 231,662 3,228 1 Cam Thuong ward 2,55 9,125 3,578 2 Phuong Binh ward 2,42 21,619 8,948 3 Ngoc Chau ward 3,16 16,734 5,292 4 Nhi Chau ward 3,18 7,215 2,267 5 Quang Trung ward 0,86 13,163 15,290 6 Nguyen Trai ward 0,58 11,782 20,395 7 Pham Ngu Lao ward 0,73 12,198 16,662 8 Tran Hung Dao ward 0,39 5,661 14,600 9 Tran Phu ward 0,45 6,920 15,511 10 Thanh Binh ward 2,77 19,364 6,999 11 Tan Binh ward 2,71 13,974 5,160 12 Le Thanh Nghi ward 1,02 8,395 8,193 13 Hai Tan ward 3,34 15,284 4,582 14 Tu Minh ward 7,16 14,176 1,980 15 Viet Hoa ward 6,31 8,964 1,420 16 Ai Quoc ward 8,19 14,094 1,715 17 An Chau commune 4,05 3,929 969 18 Thuong Dat commune 2,65 2,789 1,053 19 Nam Dong commune 8,91 8,406 944 20 Thach Khoi ward 5,34 10,425 1,953 21 Tan Hung commune 5,00 7,495 1,498 (Source: Statistical yearbook of Hai Huong city in 2016) Resettlement Plan Page 21 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province • Poverty 36. Based on the National Poverty line 2016 - 2020, the percentage of poor households in Hai Duong city is 3.26% and percentage of near poor households is 2.08%. The percentage of poor household in urban area is lower than in rural area, at 3.12% and 4.31% respectively. Detailed percentages of the poor and near poor households in wards/communes are presented in Table 8. Table 8: Percentage of poor and near poor households in Hai Duong city in 2016 Poor household Near poor household Total No Ward/commune households Number of Number of Percentage Percentage HHs HHs 1 Nguyen Trai ward 2,238 44 1.97 5 0.22 2 Hai Tan ward 4,119 90 2.18 43 1.04 3 Tran Phu ward 1,721 41 2.38 9 0.52 4 Thanh Binh ward 3,967 114 2.87 70 1.76 5 Binh Han ward 5,062 97 1.92 7 0.14 6 Tan Binh ward 3,535 80 2.26 42 1.19 7 Le Thanh Nghi ward 2,067 54 2.61 29 1.40 8 Ngoc Chau ward 4,513 184 4.08 216 4.79 9 Nhi Chau ward 1,739 83 4.77 27 1.55 10 Tu Minh ward 3,086 150 4.86 132 4.28 11 Viet Hoa ward 2,586 110 4.25 67 2.59 12 Pham Ngu Lao ward 2,930 86 2.94 37 1.26 13 Quang Trung ward 3,442 68 1.98 36 1.05 14 Cam Thuong ward 2,300 45 1.96 15 0.65 15 Tran Hung Dao ward 1,285 43 3.35 15 1.17 16 Thach Khoi ward 2,665 124 4.65 21 0.79 17 Ai Quoc 4,276 194 4.54 116 2.71 Urban city 51,531 1,607 3,12 887 1.72 18 Tan Hung commune 2,321 73 3.15 112 4.83 19 Thuong Dat commune 768 54 7.03 50 6.51 20 Nam Dong commune 2,653 125 4.71 141 5.31 21 An Chau commune 1,373 55 4.01 31 2.26 Rural area 7,115 307 4.31 334 4.69 Total 58,646 1,914 3.26 1,221 2.08 (Source: Hai Duong city People’s Committee, 2016) Resettlement Plan Page 22 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 4.3. Socio-Economic status of affected households 37. Following analysis is the result of the socio-economic survey on 90 affected households which was conducted by Consultant in October 2017. 4.3.1. Household size 38. Household size: On average, there are 3.11 members in each affected households, popular rate is 4 people/household. The biggest household has 8 members and the smallest household has one member (in this survey, household member is the number of people living in a family and sharing the same household registration book). 4.3.2. Education 39. At present, people in the project area can easily access to education and training service. School network from kindergarten to primary school is available at all wards. As reported, Hai Duong city has completed education universalization at primary level. 100% children at school age attend schools. There is no case of quitting class at primary and secondary school levels. Thus, in this report, only people from 15 years old will be analyzed in term of educational background. 40. Surveyed results show that, popular education level of the surveyed people is highschool (51.9%); then secondary school level (22.8%), vocational college (10.1%) and college/university level (11.4%). 4.3.3. Occupation and Employment 41. The occupations of surveyed heads of households are rather stable with three main types: retiredment (46.3%), hired job, freejob (25.6%), government employees (12.2%). 42. Most of members of the affected household earn living by doing hired jobs (21.3%) and working as government employees (17.1%). One small percentage of surveyed affected household member are retiredment with stable monthly income (2.1%). Number of affected households running businesses/opening shops (mainly at home) accounts for 3.7%. Students and pupils account for a relatively high percentage of 25.2%. This result shows that, on average, number of dependent people in households including people with no income (including housewives), the elderly (no pension)… accounts for a rather high percentage of 30%... Resettlement Plan Page 23 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Table 9: Employment of HH’s head and member Head of household Member Employement Frequency Percentage Frequency Percentage Government employee 10 12.2 41 17.1 Retired 41 46.3 6 2.1 Worker 7 6.1 28 10.1 Farmer 2 3.7 10 3.7 Trade/service 1 1.2 11 4.0 Hired job 27 25.6 58 21.3 Un-employment 2 3.3 46 16.5 Pupil, student 0 0.0 70 25.2 4.3.4. Household income and expenditure 43. Income: nearly 60% households have main income source from agricultural production. Average income of affected households in the survey is about 8.9 million dongs/month. However, popular income is about 4.7 million dongs/HH/month and the highest income is 20 million dongs/HH/month while the lowest income is 2.2 million dong/HH/month. 44. Expenditure: according to the survey, average monthly household expenditure is about 8.3 million dongs/HH/month but the most popular household expenditure is about 6 million dongs/HH/month, higher than the average household expenditure. 45. Saving: with mentioned income and expenditure, average saving of household in the year is around 600,000 dongs/HH/month. However, it is noted that most of households do not have savings and usually face fiscal deficit about 1 million dongs/HH/month on average. 46. Vulnerable group: Vulnerable group in the project area includes: (i) Poor household, (ii) single women as head of household with dependent people; (iii) social policy household. Screening results on vulnerable group show that no ethnic minority household was found in the project area. There is 1 poor household (according to Multidimensional Poverty Index) and 1 household with contribution to the revolution. 4.3.5. Sanitation, public health and medical service 47. Water source: At present, 100% of surveyed households use tap water for domestic purposes. 48. Sanitation: Most of surveyed households understand the importance of hygienic latrines and conditions for the construction of septic toilets (98.8%). All remaining households have plan to upgrade their toilet to septic toilets. 49. Energy: The energy source for lighting system is electric power from the national grid with 100% of households using this source of electricity. The main source of fuel for cooking is gas (96.6 %), coal (2.3%), and electric cooker (1.1%). Resettlement Plan Page 24 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 50. Disease: According to the surveyed result, 57.6% of surveyed households get respiratory diseases, 21.7% of surveyed household get water-borned and environmental-related disease such as malaria and cholera…. 51. People’s access to medical service is rather easy with average distance to ward/commune medical treatment station around 1km and 2km to the city hospital. Private clinics and drugstores also provide increased access to health care for the affected community. 4.3.6. Affected household’s asset ownership 52. House: All AHs are living in solid house. No AH lives in temporary houses. Popular types of house are two to three stories houses. 53. Assets: Households have assets such as radio (97.8%), motorbikes (80.9%), telephones (98.9%), refrigerators (91%), air conditioners (87.6%), heaters (87.8%), automobiles (2.2%). 4.3.7. Debt and utilization of credit 54. 14% of surveyed households have at least one debt at bank or their relative. The average debt is 30 million dongs. The biggest debt is 30 million dongs and the smallest debt is 10 million dongs. Household borrowing purposes are: 80% for repairing houses, 60% for children's education, 70% for medical treatment. 4.3.8. Participation in local social network 55. At present, all the surveyed affected households participate in at least one organization/union like Women’s Union, Farmer Association, Veterans Association, Youth Union… These organizations/unions help to effectively connect community. Many supportive activities for the community development are promoted by these organizations. Thus, implementation of the project in general and implementation of income restoration program are recommended to cooperate with these organizations to get the best results. 4.4. Legal land use status of affected households 56. Result of the survey showed that 100% of affected households have land use right certificates. However, There are about 7 households encroaching the land at safety corridor of Bach Dang river bank. These households will not be compensated for these encroached land area. 4.5. Gender issues 57. Gender issues referred in this report include education, land property and asset ownership and project’s gender impact. - Education: Surveyed result show that, women in the project area do not meet any difficulty in approaching education. All children at school age can attend the school disregard their gender, household economic condition and religious belief. - Land use right certificate: According to the Land Law 2013, both wife and husband hold their name on the land use right certificate. However, surveyed result show that 31.5% of Resettlement Plan Page 25 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province household’s land use right certificates bear the name of only husband and 15.3% of households’ land use right certificates bear the name of only wife. 58. Gender issue of project: - The project implementation will meet the needs for local socio-economic development. With the proposed items, men and women are equally benefited in access and use including travel and trade exchanges; environmental sanitation, development of new livelihoods. - The good transportation system also facilitates the trade and market access of women groups. However, it is possible that men will participate more deeply in the distribution and trading activities due to an increased volume of goods. For the group of women in the agricultural community, the project may facilitate the transition from farming sector to small trading or workers who have monthly income. - People participating and making decision on the project: In fact, the project policy was formed during the process of developing a common development strategy with vision 2030-2050 in Hai Duong city. At the micro level, however, local communities have the right to participate in discussions and consultation on issues related to their lives such as selection of civil works, project design, compensation policy, livelihood restoration progam. Public consultation helps the Consultant obtain information on the area including sensitive places, cultural works that need to mitigate the impacts. As a matter of fact, the number of men attending meetings is always higher than that of women. However, the number of comments from both sexes is quite similar; There were many opinions expressed by women and get high consensus from men. - Job opportunities for unskilled workers will be available for the construction. During the construction, local households have an opportunity to earn income from the project. To ensure that labour opportunities will benefit the local people and their household economy, both men and women, it should contains special requirements for contractors concerning employment of local male and female labour force in the PMU’s documents; - Aside from the potential benefits, the project may increase some women’s vulnerability to potential negative impacts as a result of land acquisition and construction work. The mitigation of these impacts are assessed in the Resettlement Plan. - The potential temporarily occurring health impacts (noise, dust etc.) on the local population during the construction period are assessed in and will be mitigated in accordance with the Environmental Management Plan. - The construction of the items will bring external, mainly male labour force to the project area. Experience shows that the spreading risk of HIV/AIDS and other sexually transmitted infections (STIs) may increase. Especially young women and girls are vulnerable for these risks. Mitigation measures for these risks were proposed in the ESIA and item c below. Resettlement Plan Page 26 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 4.6. Other social impacts a. Potential negative impacts: 59. The Social Impact Assessment (SIA) was conducted through socio-economic survey and inventory of losses (IOL) and community consultation to identify the positive and negative impacts caused by the project and at the same time to propose mitigation measures for minimizing negative impacts and increasing benefits for the people in the project area. The social impact assessments indicates that land acquisition will affect the income, livelihoods and lives of affected people. 60. During construction of the project, the contractor can mobilize a large work force from the outside. This may generate a number of social problems in the project area such as social evils, gambling, drugs, conflicts with local people and the risk of disease transmission especially for women, such as sexually transmitted diseases like HIV, syphilis ... 61. Project development can have negative impacts on local communities in general and on women in particular. However, these impacts are negligible. Moreover, mitigation measures will be considered through the process of design, compensation and resettlement. In addition, during construction, environmental pollution such as dust, noise, construction waste can affect the people. These impacts can be mitigated through mitigation measures proposed in the project EMP. b. Positive: 62. The project will bring many positive effects for local people in general and women in particular. The expected effects are: - Improve infrastructure, improve people’s living condition, increase resilience to respond to climate change, attract investor, promote Hai Duong city development to become a central city for the province development and the capital region. In addition, contribute to make Hai Duong city become Grade I city by 2020; - Improve infrastructure, stabilize city’s economic growth rate, increase social welfare and improve people’s living standard; - The project will help to increase job opportunities in the project areas, help the people to increase income, contribute into the poverty elimination in local area; - The project with work items like river embankment, drainage system, wastewater collection and treatment plant will help to improve environmental condition, reduce water-borne and environmental-related diseases, help people, particularly women to have more time and financial capacity to improve their life; - The project will help to improve institutional capacity in urban management, administrative reform, traffic, land management and response to climate change. This will lead to positive impacts on development of different sectors in the city including industry, service, trade and tourism. c. Mitigation measures of social impacts Resettlement Plan Page 27 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 63. To improve project efficiency and minimize negative social impacts, following mitigation measures need to be implemented: - During all project phases, project staff will disseminate project information and carry out extensive public consultation with local people to ensure that the affected people and beneficiaries receive maximum benefit from the project and avoiding social impacts on local people. - During construction phase, the Contractor shall prioritize the hire of local labor to carry out simple work, to properly implement the site rules and to train workers on labor safety measures, law. - To avoid environmental impacts, measures should be taken to minimize dust, noise and restore the quality of roads if construction vehicles damage roads. - Local government and Contractor need to collaborate with local social-political organizations to organize training courses on: (i) gender and equality; (ii) prevention of HIV/AISD and social evils and (iii) environmental sanitation.. Resettlement Plan Page 28 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 5: RESETTLEMENT POLICY FRAMEWORK 64. The legal framework for dealing with resettlement impacts of the project is based on relevant policies and regulations of the Government of Viet Nam and involuntary resettlement policy (OP4.12) of the World Bank. In the event of a discrepancy between the GoV policy and the Bank's policy, the Bank’s policy will apply. 5.1. World Bank’s Involuntary resettlement policty (OP4.12).. a. Objectives of OP4.12 65. The Operation policy (OP4.12) pays special attention to development objectives in resettlement activities and emphasizes the need to support vulnerable groups to achieve development goals. Hence, this policy objective is aimed at. - Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. - Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. - Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-project levels. b. Principles of involuntary resettlement - To utilize participatory methods in project design and construction to ensure that the design and construction approach integrates the needs of all population groups, especially vulnerable groups; - To ensure displaced persons and affected AHs: (i) are informed about the resettlement options and their benefits; (ii) are consulted and can select resettlement options and are provided with information on the technical and financial feasibility of options. 5.2. Legal framework on compensation, site clearance and resettlement of Viet Nam 66. The Constitution of the Socialist Republic of Viet Nam (2013) confirms the right of citizens to own and protects citizens’ ownership of house. In addition, the Government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation and resettlement. The principal resettlement documents include the Land Law No. 45/2013/QH13 dated 29/11/2013 detailing the regulations on land management in Viet Nam; the Decree No. 47/2014/ NĐ-CP dated 15/5/2014 on Compensation, Assistance, and Resettlement when the State Recovers Lands; the Decree No. 44/2014/NĐ-CP dated 15/5/2014 on land price determination method and Land Prices when the State recovers land and the Decree No. 43/2014/NĐ-CP dated 15/5//2014 on Detailed Regulations on Implementation of the Land Law; the Circular No. 37/2014/BTNMT dated 30/6/2014 on Detailed Guidance on Resettlement Plan Page 29 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Compensation and Assistance when the State Recovers Land; and Circular No. 36/2014/TT- BTNMT dated 30/6/2014 guiding the implementation of the Decree No. 44/2014/ND-CP. 67. The law, decree and regulation, decisions related to information disclosure include Article 67 of the Land Law, No. 45/2013/QH13, requiring information disclosure to affected households before commencing the acquisition of agricultural land and non-agricultural land. 68. Decisions by Hai Duong Provincial People's Committee on land acquisition and resettlement include: - Decision No.37/2014/QĐ-UBND dated 22th December 2014 by Hai Duong Provincial People’s Committee issuing the regulations on compensation, support and resettlement when the State acquires land in Hai Duong province. - Decision No.33/2014/QĐ-UBND dated 20th December 2014 by Hai Duong Provincial People’s Committee promulgating land price threshold in Hai Duong province. - Decision No. 18/2015/QĐ-UBND dated 30th October 2015 by Hai Duong Provincial People’s Committee promulgating "Replacement cost for crops, trees, aqualcutural products and excavation of aquacultural farming pond; Support for land rent; Compensation cost for relocation of grave when the State acquires land in Hai Duong province”. - Decision No.2829/2007/QĐ- UBND dated 6th August 2017 by Hai Duong Provincial People’s Committee promulgating the replacement cost for house, structures for site clearance in Hai Duong province. - Decision No.04/2017/QĐ- UBDN dated 21th March 2017 on the Price Adjustment Coefficient in Hai Duong province in 2017. - Decision No.06/2014/QĐ-UBND dated 17th February 2014 on the adjustment of replacement cost for structure and house displaced for site clearance in Hai Duong province. 5.3. Key gaps between the World Bank’s Involuntary Resettlement policy and the GoV’s laws and regulations. 69. With the promulgation of the Land Law 2013 and Decrees mentioned above, the regulations and policies on land acquisition, compensation, support and resettlement issued by the Government of Vietnam have become more consistent with the World Bank's involuntary resettlement policy (OP4.12). However, there are still some gaps between the Government's policy and the WB's policy on resettlement. The table below provides an analysis on the key differences and propose measures for filling the gaps applying to the project. Resettlement Plan Page 30 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Table 10: Key gaps between GoV’s policies and the World Bank’s policies on compensation, assistance and resettlement and policies applied for this project. Issue WB GOV Proposed solution for project Policy objectives DPs should be assisted in The law doesn’t Livelihoods and income their efforts to improve specifically mention sources will be restored their livelihoods and the policy objectives. in real terms, at least, to standards of living or at However, there is a the pre-displacement least to restore them, in provision of support levels or to levels real terms, to pre- to be considered by prevailing prior to the displacement levels or to PPC/CPC to ensure beginning of project levels prevailing prior to they have a place to implementation, the beginning of project live, to stabilize their whichever is higher. implementation, living and production. whichever is higher (Article 25 of Decree 47). Severely affected Losing 20% (10% for Losing 30% Losing 20% (10% for household vulnerable households) of productive land vulnerable households) productive land or income of productive land or generating assets income generating assets Compensation for a. Agriculture land: PAPs a.Agricultural land - Agricultural land used illegal land are provided resettlement used before 1/7/2004 before 1/7/2004 will be assistance in lieu of is compensated; Used compensated at 100% compensation for the land after 1 July 2004 is replacement cost; used they occupy, and other not compensated but after 1/7/2004 is assisted assistance, if necessary, to assisted according to for livelihood restoration achieve objectives of decision of the PPC not less than 60% of resettlement set out in OP4.12, if they occupy the compensation value at b. Residential land: project area prior to a cut- replacement cost. no compensation for off date established by the land. If PAP has not - No compensation for Borrower and acceptable to residential land or illegal residential land, the Bank; house in the project but provision of b. Non-agriculture land: commune/ward they resettlement assistance no compensation but user will be allocated a equal to 30% of land will get resettlement minimum compensation value and assistance.. plot/apartment in other supports according resettlement site and to decision of the PPC. have to pay land use For displaced cases, if levy. user has no land/house in the project commune/ward they will be allocated a minimum land plot/apartment in resettlement site with land use levy; if the land Resettlement Plan Page 31 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Issue WB GOV Proposed solution for project user can not afford to pay for land use levy, they will be debited. Compensation for Compensation at full No compensation In cases where an structure on illegal replacement cost for all affected structure has land or illegal affected structures if been constructed in structures constructed before the violation of the national cut-off date. land law applicable at time of construction and the household had been notified to cease the construction, the following applies: a) If the local authorities have recorded this notification as evidence, then support at replacement cost in lieu of formal compensation for the structure will be provided. b) If there is no evidence that the household was notified by local authorities at the time of construction that the structure violated the national land law applicable at time of construction, the Bank policy on compensation will apply Compensation rates Compensation rates for Compensation for Independent appraiser for land and non- affected land and non- land at specific land identifies replacement land assets land assets including price (market price) costs for all types of houses and structures are of affected land; lands and assets replacement costs without Compensation for affected, which are depreciation and living house at the appraised by provincial deduction of salvageable cost enough for level land appraisal materials. constructing new committee and house with similar approved by Provincial technical standard; People’s Committees to Compensation for ensure full replacement other structures at costs. current value but not exceed cost for new Resettlement Plan Page 32 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Issue WB GOV Proposed solution for project construction of the affected structure. Consultation, Consultation with and Focus mostly on PAPs should be participation and Participation of PAPs in consultation during disclosed full disclosure planning, implementation, implementation of information of the and monitoring of the resettlement project, including policy project, including (consultation on of resettlement, involved implementation of draft plan of in all stages of the resettlement. compensation, project, and consulted in support and activities and policy of resettlement and plan the project. for training, job change and facilitating job creation); information sharing and disclosure. Cut-off date Normally, the date the The date of land The cut-off date of the census begins acquisition project is the date of announcement made public land acquisition by local authority and announcement to APs. disclosed to affected At this time, the project people area has been delineated and DMS could start. All people presented and assets created in the project area after the cut-off date will not be entitled to compensation and assistance. Monitoring Internal and independent Citizens are allowed Both internal and implementation of monitoring is required to supervise and external (independent) resettlement report on breaches monitoring is to be in land use and regularly maintained management on (on a monthly basis their own (or for internal and through biannual basis for representative independent organizations), monitoring). An end-of- including land project evaluation on the recovery, implementation of compensation, resettlement is required support and and report will be Resettlement Plan Page 33 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Issue WB GOV Proposed solution for project resettlement (Article prepared to confirm 199, Land Law whether the objectives 2013). However, of OP 4.12 were there is no explicit achieved. requirements on resettlement monitoring, including both internal and independent (external) monitoring. 70. As a WB member country, the GOV has committed that the international agreements signed or acceded to by GOV with the WB contain provisions different from those in the present resettlement legal framework in Vietnam, the provisions of the international agreements with the WB shall prevail. According to Clause 2 of Article 87 of the Land Law 2013, “for the projects using loans from foreign and international organizations for which the State of Vietnam has committed to a policy framework for compensation, support, resettlement, the framework shall apply". 5.4. Cut-off date 71. Cut-off date of compensation and assistance for all works will be the date of public announcement by Hai Duong city PC to APs. At this time, the project area has been delineated and DMS could start. All assets and people who will move to the project area after the mentioned dates will not be entitled to compensation. Resettlement Plan Page 34 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 6: PROJECT POLICIES ON COMPENSATION, ASSISTANCE AND RESETTLEMENT 6.1. Eligibility 72. The eligibility for entitlement to compensation is determined by asset ownership criteria: - Those who have formal legal rights or legqalizable to land (including customary and traditional rights recognized under the laws of the country. In the consideration, it is also useful to document how long they have been using the land or the assets associated with it); - Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; - Those who have no recognizable legal right or claim to the land they are occupying. 73. Persons covered under (i) and (ii) are provided compensation for the land they lose, and other assistance. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (i), (ii), or (iii) are provided compensation for loss of owned or used assets other than land. 6.2. Resettlement principles of the project 74. The principles mentioned in the World Bank’s OP 4.12 and regulations of Government of Viet Nam are used for the preparation of the project Resettlement Policy Framework, including: - All Project Affected People (PAP) who have assets within or reside within the area of project before the cut-off date are entitled to compensation or/and assistance 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 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. - The compensation rates will be determined based on the results of independent appraisal of the land/crops/assets (associated with the land) at time of resettlement implementation in a consultative manner. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/or houses or businesses. The local authorities will ensure that PAP choosing relocation on their own, obtain, without additional costs, the necessary property titles and official certificates commensurate with similar packages provided to those who choose to move to the project resettlement sites. - Land will be compensated “land for land” if the local land fund is available, or in cash, Resettlement Plan Page 35 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province according to PAP’s choice. The choice of land for land must be offered to those loosing 20% or more of their productive land. If land is not available, the borrower must assure itself to meet the Bank’s requirements that this is indeed the case. Those loosing 20% or more of their land will have to be assisted to restore their livelihood. The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding. - PAPs who prefer “land for land” for residential land will be provided with land plots with the equivalent quality for lost lands or a combination of land (a standard land plot) in a new residential area nearby the original resident, and cash adjustment for difference between value of their lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the PAPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided. - PAPs who prefer “cash for land” will be compensated in cash at the full replacement cost. These PAPs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation. - 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) to ensure PAP can build a new structure with similar technical standard and category. - Households who have to relocate but ineligible for compensation for affected land and have not any land or house within the project commune/ward will be entitled to buying a minimum plot or house in resettlement site and resettlement assistance in cash. - PAPs will be provided with full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands and other properties.Full compensation and allowance must be provided to affected households prior to the taking of affected land and assets. - Additional efforts, such as economic recovery 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. - As RAP is one of the project components, the project will not be considered complete until the RAP has been fully implemented and met OP 4.12 policy objective. 6.3. Compensation, assistance and resettlement policies 6.3.1. Compensation for agricultural land For land users entitled to the compensation (legal and localizable land users) - If PAPs area acquired is less than 20% (10% for the vulnerable) of their total productive land and the remaining area is economically viable according to threshold identified in the province resettlement policy, PAPs will be compensated by cash at 100% replacement cost for the acquired area. Resettlement Plan Page 36 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - If PAPs have loss of 20% or more (10% or more for the vulnerable) of their total arable land holding, PAPs will be compensated by cash at 100% of the replacement cost and received income rehabilitation support such in item 6.3.8 below. For land users hiring pulic land - PAPs currently using agricultural land assigned by State-owner on a contractual basis (excluding land under special use forests and protected forests) of State-enterprise forests shall not be entitled to compensation for land but for the remaining investment value on land and for all assets attached to the land at replacement cost. - Where PAPs lease land on the basis of leasing contracts with individuals, households or organizations other than those specified as point (i) above they shall only receive compensation for the remaining investment value on land and assets created on land before the cut-off date at full replacement cost. Compensation payments for land will be made for owner of the affected land. For land users with no legal rights or claim on land - PAPs whose affected land used before 01 July 2004 will be supported in cash with 100% of the land at the replacement cost as regulated in the item 2, article 77 of the Land Law; - PAPs whose affected land used after 01 July 2004 will be assisted in cash for livelihood restoration with amount of not less than 60% of the land compensation value at the replacement cost and will be entitled to participate in livelihood restoration programs. 6.3.2. Compensation for residential land 75. Users whose residential land is acquired will be compensated as follows: Residential land without structures - For legal and/or legalizable land users, all compensation for loss of land will be made in cash at 100% replacement cost; - For land users who have no recognizable land use right, no compensation for land but compensation for the remained investment in the land based on current market price and other financial assistances will be provided corresponding to decision of 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 PAP): - For legal and legalizable land users: Compensation for loss of land and structures will be made in cash at 100% replacement cost; - For illegal and unlegalizable land users: No compensation for affected land but compensation for affected assets at replacement cost and a minimum assistance of 30% of land value at replacement cost. - In case the remaining land is not large enough to rebuild a house, but there is garden land or agricultural land adjacent with the affected land, PAP allows converting part of garden/agricultural land into residential land with exemption from conversion fee to be able to rebuild house. Resettlement Plan Page 37 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Loss of residential land with structures built thereon, and the remaining land is not adequate to rebuild the structure (relocating PAPs) - PAP with legal and/or legalizable rights to the affected land, can choose one of the following options: o Affected households can opt: (i) receive cash compensation and resettlement allowance at replacement cost and self-relocate; or (ii) receive plot/apartment in resettlement site and resettlement allowance; o In case, PAPs losing residential land and their remaining land is not viable enough for their residence, the state will acquire the remaining land and compensate cash or land plot in the resettlement area; or convert adjacent agriculture land (if land available) to residential land. o In case the compensation in cash for affected land is not enough for buying a minimum land plot in the resettlement area, the State will add up for the difference. - PAP, who do not have legal or legalizable rights to the affected land, are entitled to the following: o Get a minimum assistance amount of 30% of land value at replacement cost o If the PAP has no other land within project commune to relocate, a minimum land plot or an apartment in resettlement site will be provided and they can either pay in installment for land use fee or for rent of the apartment. o In case the relocated PAPs belong to poor or vulnerable groups or households, special assistance (in cash and kind) will be provided to ensure that they are able to fully relocate to a new site. PPCs will consider the rate of assistance for these households. 6.3.3. Compensation for house and structure Compensation for affected house/structures - Owners of affected structures will be compensated as follows: o Compensation in cash will be made for all affected houses/structures, at the replacement cost, if legally constructed before the cut-off date1. The compensation amount is sufficient to rebuild a new house/structure with similar technical standard without deduction of salvageable materials. o If the house/structure is partially demolished and the remained part is unviable, 1 In cases where an affected structure has been constructed in violation of the national land law applicable at time of construction and the household had been notified to cease the construction, the following applies: a) If the local authorities have recorded this notification as evidence, then support at replacement cost in lieu of formal compensation for the structure will be provided. b) If there is no evidence that the household was notified by local authorities at the time of construction that the structure violated the national land law applicable at time of construction, the Bank policy on compensation will apply. Resettlement Plan Page 38 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province compensation at replacement cost for the entire house/structure. Whereas the house/structure is partially demolished but the remaining part is still usable, compensation at replacement cost for the demolished part plus costs for repairing the remained part in accordance with its technical standards similar to the level-project condition. - 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 60% of replacement cost of house. - Tenants who are leasing a private house for living purposes will be provided with transportation allowance for transferring assets, and will be assisted in identifying alternative accommodation. Compensation for removing graves - 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 decided by Provincial People’s Committee. - For affected ownerless graves, PMU will hire local people for relocation of graves to the commune’s graveyard. 6.3.4. Compensation for loss of standing crops, trees and aquatic livestock - For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to affected households who cultivate on the land at full replacement cost. For trees which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated. - For livestock (including aquatic livestock) which cannot be harvested at time of land acquisition, PAPs 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. 6.3.5. Compensation for affected public structures - In cases where community infrastructure 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. - Public infrastructure directly related to people’s livelihoods and developmental needs, 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. Resettlement Plan Page 39 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 6.3.6. Compensation policy for temporary impacts during construction - In case the project need temporary land acquisition during construction duration, compensation for affected standing crops/trees and income lost during period of temporary acquisition must be paid to PAPs. - Compensation Policy for damages of private or public structures occurring during construction execution. o Damaged property will be restored to its former condition or compensated by contractors, immediately when occurred; o 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 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. 6.3.7. Compensation for transportation of assets - Households and individuals who have to relocate shall be entitled to compensation for expenses for relocation of the property as follows: o Transportation within the remaining area of the land for re-building the house: 2,500,000 dongs/household; o Transportation within the ward/commune/township: 3,500,000 dongs/household; o Transportation to other ward/commune/township within the district/city: 4,500,000 dongs/household; o Transportation to other district/city within the province and other provinces: 5,500,000 dongs/household o In special cases, the Compensation and Site Clearance Board needs to propose the plan for approval from relevant authority and the compensation will be made for specific cases. 6.3.8. Assistance for income restoration and life subsistence 76. In addition to direct compensation for damaged assets, AHs are assisted to recover their income and stabilize their lives during the transition period. Assistance include, but are not limited to: Assitance for life subsistence - For households losing agricultural land o PAPs losing 20% (or 10 % for the poor and vulnerable groups) to less than 30% of their agricultural landholding will be provided allowance of 3 months if they do not have to relocate, and 12 months in case of relocation.– o PAPs losing 30 -70% of their agricultural landholding will be provided Resettlement Plan Page 40 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province allowance 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; o PAPs losing more than 70% of their agricultural landholding will be assisted at the above allowance 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 allowance may be provided up to a maximum of 36 months. o PAPs getting compensation by agricultural land will be provided an assistance for subsitence and production stabilization. Specific assistance for each specific case will be decided by the Provincial People’s Committee for each case. - For organizations, households, individuals as business/production establishments o Affected business/production establishments having audited financial statements or verified by Tax Agency will be provided with a maximum assistance equal to 30% of one year’s after-tax income (average calculation in 3 consecutive years) but not over 50,000,000 dongs/establishment; o Affected business/production establishments having financial statement but not being audited or verified by a Tax Agency will be provided with a maximum assistance equal to 20% of one year’s after-tax income (average calculation in 3 consecutive years) but not over 30,000,000 dongs/establishment; o Affected business/production establishments which have been newly established or non-profitablly operated will be provided with a maximum assistance not over 10,000,000 dongs/establishment; o Affected business/production establishments which do not have financial statement will be provided with an assistance amount basing on the Business- Licence tax level, including: Level 1: not over 10,000,000 dongs/household; level 2: not over 6,000,000 dongs/household; level 3: not over 5,000,000 dongs/household; level 4 not over 4,000,000 dongs/household; level 5: not over 3,000,000 dongs/household; level 6: not over 2,000,000 dongs/household. - Assistance for affected labor o Labors who have their employment interrupted by the project in over one month will get assistance equal to an amount of 1.5 times of the minimum salary level applied for the project area at the time of employment interruption. o Maximum assistance is not over 6 months for labors who have labor contract over 12 months and not over 3 months for other cases. Assistance for vocational training and job creation - For households losing agricultural land: o Households and individuals directly involved in agricultural production as in Clause 1, Article 20 of Decree 47/2014/ND-CP will get an assistance equal to 2 times of the agricultural land compensation value. Resettlement Plan Page 41 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province o Households and individuals getting compensation by agricultural land will not be assisted in vocational training, vocational change and job seeking but assisted seed, young trees, fertilizer,…; o Affected people at working age who have demand to attend vocational training courses will be admitted freely into one training course. - For households and individuals losing residential land with house in combination with business and having to relocate: o Those who have business license and financial statement as regulated will get a maximum assistance amount of 15% of one year’s after-tax income (calculation average in 3 previous consecutive years) which has been veried by Tax agency or audited. The maximum assistance should not exceed 10,000,000 dongs/household; o Those who do not have financial statement will be assisted base on the Business-License Tax applicable to them. Assistance for households and individuals renting non-state house - Households and individuals renting non-state houses are displaced when the land is recovered by the State shall be entitled to the assistance for transportation of property and assets at the rate of 2,500,000 VND/HH and 1,000,000VND/individual. They shold present Renting contract and register for temporary residence as regulated by law before the land acquisition notice. Assistance for acquisition of public land - Public land under management of ward/commune/township authority when being acquired will not be compensated but will be entitled to the assistance level equal 100% of the land compensation as regulated in the PPC’s Land price list. Assistance for house rent - PAPs having no other place due to losing residential land or house or being displaced to re-build house on the remaining land area will be assisted with temporary dwelling or house rent during. The assistance period is specified by the Site Clearance and Compensation Board but not over 8 months. Assistance levels for house rent are: o At ward: Household having 1-2 members: 1,800,000 dongs/household/month; Household having 3 – 5 members: 2,500,000 dongs/household/month; Household having over 6 members: 3,000,000 dongs/household/month. o At commune: Household having 1-2 members: 1,500,000 dongs/household/month; Household having 3 – 5 members: 2,000,000 dongs/household/month; Household having over 6 members: 2,500,000 dongs/household/month. Assistance for households having contribution to the revolution and State’s policy household - People contributing to the pre-1945 Revolution, Army Hero, Vietnam Heroic Mother, Labor Hero, martyr’s family member who are getting monthly allowance, war invalids, sick soldiers, social policy people, disabled people… losing over 81% of working Resettlement Plan Page 42 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province capacity will get an assistance of 6,000,000 dongs/household; - War invalids, sick soldiers and people entitled with policy as war invalids and sick soldiers losing 61%-80% of working capacity will get an assistance of 5,000,000 dongs/household; - War invalids, sick soldiers and people entitled with policy as war invalids and sick soldiers losing 41%-60% of working capacity will get an assistance of 4,000,000 dongs/household; - Family member of martyr or people with contribution to the revolution who are entitled to a monthly assistance; war invalids and disabled soldiers from 21%-40% will get an assistance of 3,000,000 dongs/household. - Vulnerable group includes: Female-headed households (single, widow or disabled) with dependents and disabilities, the elderly without supporter and poor household. The rate for supporting this group is 2,000,000VND/HH. Incentive bonus for handing over the affected land as scheduled: - PAPs losing land or being displaced handing over the affected land as scheduled to the project will get an incentive bonus of 3% of the asset and on-land structure value under the policy for compensation and assistance approved by relevant authorities, but not over 10,000,000 dongs/HH. - PAPs losing 20% (10% for vulnerable group) to less than 30% of the agricultural land will get an assistance in cash equivalent to 10 kg of rice per person per month at the average price at the time of assistance. Assistance period is not over 6 months; - PAPs losing less than 20% of the agricultural land will get an assistance in cash equivalent to 10 kg of rice per person per month at the average price at the time of assistance. Assistance period is not over 3 months; Resettlement Plan Page 43 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Table 11: Entitlement Matrix No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level A Land A.1 Losing from 20% PAPs will be compensated in cash at replacement cost for the Affected households (10 % for acquired area; and will be notified at least vulnerable 90 days before land Allowance for vocational training/job creation households) or recovery by the Project. more of agricultural Subsistent allowance. PAPs are eligible for Compensation and land compensation allowance to be paid one Losing less than PAPs will be compensated in cash at replacement cost for the time. 20% agricultural acquired area; and PPC decided allowance land (10% for Allowance for vocational training/job creation level vulnerable households) Agricultural PAPs whose affected land used before 01 July 2004 will be Affected households to land compensated in cash at replacement cost. be notified at least 90 Land users are not days before land entitled to PAPs whose affected land used after 01 July 2004 will be recovery by the Project. compensation as per assisted in cash for livelihood restoration not less than 60% of regulation at Article 75 the land compensation value at the replacement cost. Compensation and of Land Law, 2013. allowance to be paid one The supported/compensated land areas are within the land time. allocation quotas under Article 129, Land Law 2013. PAPs currently using agricultural land assigned by State-owner on a contractual basis (excluding land under special use forests Land users with and protected forests) of State-enterprise forests shall not be temporary or leased entitled to compensation for land but for the remaining rights to affected land investment value on land and for all assets attached to the land at replacement cost. Resettlement Plan Page 44 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level Where PAPs lease land on the basis of leasing contracts with individuals, households or organizations other than those specified as point (i) above they shall only receive compensation for the remaining investment value on land and assets created on land before the cut-off date at full replacement cost. Compensation payments for land will be made for owner of the affected land. - Affected land-users will be compensated for the actually Affected households to Households are not Residential land affected area in cash at replacement cost. be notified at least 180 Residential displaced days before land A.2 eligible for No compensation for land but provision of allowance, equal to land recovery by the Project. compensation 30% of compensation value for affected land, and other allowances depending on decision of the PPC. B On-land property B.1 Housing/str For - Compensation and assistance for the affected part will be If affected house uctures houses/structures made in cash at replacement cost without depreciation and no combined with shop, being partly deduction for salvegable materials; then compensation for affected but the interruption of business - Compensation for expenses for reparing the remaining part. remaining area is will be made. viable to be used Owners of affected house/structures created Compensation for For before the cut-off date Compensation and resettlement assistance will be made in cash house/structure is houses/structures at replacement cost without depreciation and no deduction for enough to build new being entirely or salvegable materials; and transportation allowance as below: house/structure with partly affected but similar technical - Compensation for transportation as follows: standard of the affected the remaining area is not viable to be Transportation within the remaining area of the land for re- one. used building the house: 2,500,000 dongs/household; In cases where an Resettlement Plan Page 45 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level Transportation within the ward/commune/township: 3,500,000 affected structure has dongs/household; been constructed in violation of the national Transportation to other ward/commune/township within the land law applicable at district/city: 4,500,000 dongs/household; time of construction and the household had been Transportation to other district/city within the province and notified to cease the other provinces: 5,500,000 dongs/household construction, the In special cases, the Compensation and Sit Clearance Board following applies: a) If the local authorities needs to propose the plan for approval from relevant authority have recorded this and the compensation will be made for specific cases. notification as evidence, then support at replacement cost in lieu of formal compensation for the structure will be provided. b) If there is no evidence that the household was notified by local authorities at the time of construction that the structure violated the national land law applicable at time of construction, the Bank policy on compensation will apply. Compensation for the removal of graves/tombs will include the Removal of tomb is Grave to be cost of excavation, relocation, reburial and other related costs customelly implemented B.2 Grave Grave having owner displaced which are necessary to satisfy customary requirements. at the end of lunar Compensation for grave displacement is from Resettlement Plan Page 46 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level 1,600,000VND/tomb to 24,200,000VND/tomb. calendar For affected ownerless graves, PMU will hire local people for relocation of graves to the commune’s graveyard. Compensation in cash will be allocated to ward/commune PC Grave with ownerless for covering the cost of removal and reburial at new place in planned cemetary. Crops, trees Being affected Regardless legal status Cash compensation at full replacement cost for the affected Affected households and of the land crops/trees/ domestic animals planted/raised on the affected will be notified 30 days domestic land if they cannot be harvested/moved at time of land to hand over land from animals acquisition; after date compensated B.3 Where affected crops/trees/animals can be harvested/moved to Any vegetation, crops new places, compensation will be paid for the loss of the determination after the trees/animals (if any) plus the transportation cost. cut-off date will not be compensated C Assistance For households losing agricultural land: Assistance Households and individuals directly involved in agricultural for Households losing production as in Clause 1, Article 20 of Decree 47/2014/ND- vocational agricultural land, CP will get an assistance equal to 2 times of the agricultural All affected household C.1 training and losing residential land compensation value. employment land cum house introduction Households and individuals getting compensation by with business agricultural land will not be assisted in vocational training, vocational change and job seeking; Affected people at working age who have demand to attend Resettlement Plan Page 47 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level vocational training courses will be admitted freely into one training course. For households and individuals lose residential land cum production land and need to displace: Those who have business license and financial statement as regulated will get a maximum assistance amount of 15% of one year’s after-tax income (calculation average in 3 previous consecutive years) which has been veried by Tax agency or audited. The maximum assistance should not exceed 10,000,000 dongs/household; Those who do not have financial statement will be assisted base on the Business-License Tax applicable to them. C2 Public land under management of ward/commune/township Assistance in cash will authority when being acquired will not be compensated but will be transferred to the be entitled to the assistance level equal 100% of the land bank account of the Assistance compensation as regulated in the PPC’s Land price list. project commune and for Public land under will be used for acquisition Affected investing in management of of public ward/commune/townsh infrastructure, public use ward/commune/tow land ip as regulated in Article nship authority 24 of Decree 47/2014/NĐ-CP. The assistance level will be decided by PPC C3 Assistance Ward/commune - Public land under management of ward/commune PC being for Affected acquired will not get compensation but an assistance equal to public land being acquisition ward/commune 100% of the compensation for land as in the land unit price list acquired of public Resettlement Plan Page 48 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level land regulated by the PPC C4 People contributing to the pre-1945 Revolution, Army Hero, Vietnam Heroic Mother, Labor Hero, martyr’s family member who are getting monthly allowance, war invalids, sick soldiers, policy people, disabled people…losing over 81% of working capacity will get an assistance of 6,000,000 dongs/household; War invalids, sick soldiers and people entitled with policy as war invalids and sick soldiers losing 61%-80% of working Assistance for capacity will get an assistance of 5,000,000 dongs/household; households having contribution to the War invalids, sick soldiers and people entitled with policy as Social revolution and war invalids and sick soldiers losing 41%-60% of working Affected household assistance State’s policy capacity will get an assistance of 4,000,000 dongs/household; household Family member of martyr or people with contribution to the revolution who are entitled to a monthly assistance; war invalids and disabled soldiers from 21%-40% will get an assistance of 3,000,000 dongs/household.Vulnerable group includes: Female-headed households (single, widow or disabled) with dependents and disabilities, the elderly without supporter and poor household. The rate for supporting this group is 2,000,000VND/HH. C5 Households All affected households - PAPs losing land or being displaced handing over the affected handing over the land as scheduled to the project will get an incentive bonus of Incentive affected land as 3% of the asset and on-land structure value under the policy for bonus scheduled compensation and assistance approved by relevant authorities, but not over 10,000,000 dongs. PAPs losing 20% (10% for vulnerable group) to less than 30% Resettlement Plan Page 49 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province No. Type of Affected Type of PAPs Compensation/assistance policies Implementation loss level of the agricultural land will get an assistance in cash equivalent to 10 kg of rice per person per month at the average price at the time of assistance. Assistance period is not over 6 months; PAPs losing less than 20% of the agricultural land will get an assistance in cash equivalent to 10 kg of rice per person per month at the average price at the time of assistance. Assistance period is not over 3 months; D TEMPORARY IMPACTS DURING CONSTRUCTION D1 Temporary loss of Owners/users No compensation for land but compensation for non-land assets at Restore land to pre- Temporary land during are temporally replacement cost and income lost during occupying period. project condition before loss of land construction affected land returning to PAP D2 Damages caused by Land Damaged property will be restored to its former condition or if In case of impacts on contractors to owners/users impossible restoration, compensated for damaged properties by business of PAPs, the private or public are affected contractors as soon as possible following policy of the RPF and RAP. contractors have to structures agree with the households on payment Impact for disruption of arising from business. the Under their contract construction terms and conditions, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Resettlement Plan Page 50 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 7. INCOME RESTORATION PROGRAM 77. No households will be relocated or severely affected productive land, so the income restoration program is not required. PART 8: RESETTLEMENT PREPARATION 78. No resettlement area is required for the project because there is no relocated household. PART 9: COMMUNITY PARTICIPATION AND PUBLIC CONSULTATION 9.1. Objectives of information dissermination and public consultation 79. Information dissemination and public consultation are important activities of the project with following objectives: - Ensure that the community is well known about the project information; - Help the community understand the project’s importance in the local socio-economic development, create a high consensus of the community on the project; reduce the possible conflicts and minimize the risk of project delays; - Prepare plan for resettlement, compensation and assistance to meet the needs of AHs, maximize benefits of the project. 9.2. Participation and consultation procedure 9.2.1. Public consultation during project preparation Methods of implementation: 80. Information dissemination and public consultation methods include rapid assessment with involvement and consultation of stakeholders, using site-based techniques and household meetings and site visits, public meetings, focus group discussions, and socio-economic surveys. Consultation content: The consultation focused on the following main contents: (i) project’s proposed components, including objectives and proposed work items; (ii) General information on the policy framework that will be used for compensation, assistance and site clearance; (iii) public consultation on community needs for improving local infrastructure and community awareness on the project objectives Consultation results: 81. Public consultations for project preparation were conducted in October 2017 on all affected wards in the project area. There are total 5 public consultations with participation of 74 affected people, including 50 men and 24 women. 82. Public consultation in the preparation phase helps form and strengthen community consensus with the project. A summary of the public consultations and dissemination of information is presented in the following table: Resettlement Plan Page 51 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Table 12: Public consultation meetings on resettlement Date/Month Location Participants Participant Information Total Male Female Disclosed information Feedbacks Local authority's Local authority and local people totally support for the representative project implementation; 8h30 – 10h PMU's The project does not require land acquisition, only TU Minh representative some households will be affected small land area, 11 October 15 15 0 General information about WPC sometrees and crops so the site clearance is not critical 2017 Consultant's the project; issue. representative Project implementation Care should be taken when designing, constructing and Affected household plan; operating the Wastewater treatment plant. Introduction on the The project will affect some agricultural land area (rice project’s compensation 8h30 – 10h Cam field) and garden of some households. At present, there policy framework, Thuong 12 7 5 is no more agrilcultural land budget for compensation; 12 October, compensation principles 217 WPC and articles; The affected agricultural land area is not large so the household’s livelihood will not be affected. Project’s livelihood restoration program of the The project will contribute in promoting economic project; development, increase people’s income, improve people;s living condition and environmental sanitation; 8h- 10h Tran Preliminary survey results, Hung preliminary inventory of Compensation, assistance and resettlement policy 13 October, 15 8 7 loesses; Dao should be transparent, fair and reasonable for all 2017 WPC affected people; Discussion with affected people The project construction contractor should be eligible, ensuring the work’s quality and the schedule 10h-11h30 Tran Phu The project will bring many socio-economic benefits 22 13 09 and improve living condition for the project area. Local WPC 13 October, authority and people totally support and wish that the Resettlement Plan Page 52 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Date/Month Location Participants Participant Information Total Male Female Disclosed information Feedbacks 2017 project will soon be implemented; The project area was already planned in 1997, all households have got land use right certificates. Therefore the land acquisition is relatively convenient; Information dissermination should be implemented and communicated regularly between Project’s owner and Local authority Local authority and people will totally support for the project’s implementation; 14h– 16h Ngoc Compensation, assistance and resettlement should be 13 October, Chau 10 7 03 public, transparent under the agreement with affected 2017 WPC people to get high concensus; Project’s owner will cooperate with local authority to disserminate information to local people. Resettlement Plan Page 53 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 9.2.2. Public consultation during project implementation stage 83. As requested by the World Bank, the resettlement plan in Vietnamese language will be disclosed publicly at the PMU office, the town people's committee and the relevant wards/communes before and after being approved by the competent authority. The English version will be sent to the World Bank for disclosure on the Bank’s website prior to project appraisal. a. Consultation and Information dissemination 84. During the project implementation, the PMU, with the support of the Consultant, will undertake the following tasks: - Provide information for the town’s Compensation, Assistance and Resettlement Committee (CARC) and local government at all levels through workshops, and training, including detailed information on project policies and implementation procedures. - Coordinate with the town’s CARC/Land Fund Development Center (LFDC) to organize information dissemination and consultations for all affected persons during the project’s implementation. - Coordinate with the CARC/LFDC to update compensation unit costs and reaffirm the scale of land acquisition and impact on assets based on the detailed measurement survey (DMS) and conduct consultations with the affected persons. - After completetion of compensation plan preparation for affected households, the PMU/ CARC/LFDC will publicize of the plan through meeting with affected persons and send a copy of the plan to them for comment. The compensation plans will be also posted at the ward people's committees. - Send dispatches or questionnaires concerning resettlement plans to all displaced persons to (a) inform them of the resettlement plans (clearly explain the characteristics of each plan), (b) request affected persons to confirm their choice for resettlement. b Consultation content 85. During the detailed design stage, the community meetings will be held to provide additional information to the affected persons and provide opportunities for them to participate in the more detailed, open discussions about the detailed design, policies and procedures for resettlement. This information will be publicized through the mass media (such as newspapers, radios, posters, ward people's committees in the project area). The affected persons must be provided with the following information: - Project items: This includes information on the proposed works to be constructed and their benefits to people. - Project impacts: Impacts on people who live and work in the project affected area, including implementation of land acquisition demand for each specific work items of the project. Resettlement Plan Page 54 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - The rights and compensation entitlements of the affected persons: Explain clearly with the affected persons the rights and compensation entitlements for different types of impacts. - The grievance redress mechanism: The affected persons will be informed of the compensation, support and resettlement policy and livelihood restoration programs. The affected persons will be informed if they have any concerns/questions related to the project compensation, resettlement and livelihood restoration, the CARC/LFDC and the competent authorities shall consider settling their concerns/questions. The affected persons will have access to the grievance redress procedures. - The rights to participation and consultations: The affected persons will be notified of the rights to participate in the resettlement planning and implementation. The affected persons are represented at the CARC and their representatives will be present when the CARC organize meetings to ensure their participation in the project sectors. - Resettlement activities: All households affected by the project will be explained on the compensation calculations and compensation payment, monitoring procedures, and resettlement site. - Responsibilities for organization: The affected persons will be informed about the the executing arency and implementation agencies and levels of authorities relating to the resettlement and the responsibilities of each party. - Implementation progress: Affected households will be informed about the progress of the resettlement activities. It should specify that the affected persons will move only when they received full payment of compensation and allowances for their lost properties. 9.2.3. Public dissemination 86. As per the Bank’s requirement (OP 4.12, paragraph 29), the draft RP were disclosed in Vietnamese at the website and office of the PMU, District PC, Ward PCs and in English at the World Bank website. After approval by the GoV and clearance by the WB, the final RP will also be disclosed as per the draft RP. For any changes to the RP it will be updated and cleared in the same way and re-disclosed. Resettlement Plan Page 55 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 10: GRIEVANCE REDRESS 10.1. Grievance redress responsibility 87. In order to ensure that all PAPs’ grievances and complaints on any aspect of land acquisition, compensation and resettlement are addressed in a timely and satisfactory manner, and that all possible avenues are available to PAPs to air their grievances, a well-defined grievance redress mechanism needs to be established. All PAPs can send any questions to implementation agencies about their rights in relation with entitlement of compensation, compensation policy, rates, land acquisition and grievance redress. PAPs are not required to pay any fee during any of the procedures associated with seeking grievance redress, even when their cases are elevated to the Courts of Law. This cost is included in the budget for implementation of RAPs. 10.2. Grievance redress mechanism 88. The following steps can be taken by the complainants. However, the complainants maintain the right to resort to the courts at any time. First Stage - Commune/Ward/Township People’s Committee (C/W/T PC). 89. PAP may submit their complaint – either in written or verbal, to the One Door Unit of the Ward People’s Committee. A member of the One Stop Shop (OSS) will receive the complaints and will notify the C/WPC leaders of the complaint. The Chairman of the C/WPC will meet the complainant in person and will solve it within 15 days following the receipt of the complaint. Second Stage – District/Town People’s Committee (DPC): 90. After 15 days since the submission of the complaints, if the aggrieved person does not have any response from the OSS of the C/WPC, or if the aggrieved person is not satisfied with the decision taken on his/her complaint, the complainant may take the case, either in written or verbal, to the OSS of District People’s Committee. The District People’s Committee will have 30 days since the date of receipt of the complaint to resolve the case. The District People’s Committee will record all the complaints submitted and will inform the District Compensation and Resettlement Board of the District PC’s resolution/assessment result s. Aggrieved person may elevate the case to the Courts of Law if they wish. Third Stage - Province People's Committee (PPC): 91. After 30 days, if the aggrieved PAP does not hear from the District PC, or if the PAP is not satisfied with the decision taken on his/her complaint, the PAP may escalate the case, either in writing or verbal, Provincial People’s Committee, or lodge an administrative case with the District People’s Court for resolution. The PPC will have 45 days to resolve the complaint to the satisfaction of all the concerned. The PPC secretariat is also responsible for registering all complaints that are submitted. Complainant may elevate the case to the Courts of Law if they wish. Resettlement Plan Page 56 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Final Stage - Courts of Law: 92. After 45 days following the submission of the complaint at PPC, if complainant does not hear from the PPC, or if complainant is not satisfied with the decision taken on his/her complaint, complainant may take the case to a Court of Law for adjudication. Decision by the court will be the final decision. 93. Decision on solving the complaints must be sent to the aggrieved PAPs and concerned parties, and must be posted at the office of the People’s Committee where the complaint is solved. After 3 days, the decision/result on resolution must be made available at ward/commune level and after 7 days at the district level. Resettlement Plan Page 57 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 11: INSTITUTIONAL ARRANGEMENT 94. The implementation of resettlement activities requires the involvement of agencies and organizations at the national, provincial, district and commune level. Each provincial people's committee will take general responsible for the implementation of the general policy framework and specific resettlement plan of the sub-project of that province. 95. Compensation, Assistance and Resettlement Committees shall be established at district/province level according to the provisions of Decree No. 47/2014/CP. The provisions and policies of the RPF and the RAPs will form the legal basis for the implementation of compensation and resettlement activities for “Dynamic Cities Integrated Development Project- Hai Duong city, Hai Duong province”. 11.1. Assesment the capacity of stakeholdes in implementation RP 96. From the conducted consultations and obtained results, it is shown that the agencies in charge of implementing site clearance and resettlement plan in Hai Duong province in general and Hai Duong city in particular, as well as the Project Management Unit all have high experience in site clearance and resettlement preparation and implementation. - Hai Duong Provincial People’s Committee has been employers in many development projects including projects financed by KfW (German Reinfrastructure Bank) and OFID including: Hai Duong city drainage and sewerage treatment project; Hai Duong Urban transport development project… - Hai Duong People’s Committee and the District’s Committee for Compensation, Support and Resettlement have experienced the execution of site clearance and payment of compensation in many years. They have also had experience in the promulgation of information and consultation for obtaining people’s agreement during the project implementation; 97. However, Hai Duong City has not experience in implementation of resettlement for the World Bank or ADB financed projects. Trong cơ cấu tổ chức của PMU sẽ có ít nhất 1 cán bộ có chuyên môn về môi trường và xã hội. Therefore, training in RAP implementation needs to be delivered to the EA and IAs of Hai Duong province and City before implementing the project. 11.2. Responsibility of Project Stakeholders 98. Hai Duong Provincial People’s Committee (PPC) of each involved province is responsible for compensation, site clearance and resettlement. PPC will take overall responsibility as follows: - Concur with the RPF - Appraise and approve the Resettlement Action Plan - Inform or authorize DPCs to announce about land acquisition when the sub-project location is selected; - Approve the land acquisition and allocation in the Project; - Approve replacement cost identified by external appraisal consultant; Resettlement Plan Page 58 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Direct the coordination among the project city/town, concerned agencies and the provincial departments to implement the compensation, assistance and resettlement in accordance with the approved RPF and RAPs; - Provide sufficiently and timely budget for the implementation of resettlement activities; - Ensure that the implementation of resettlement activities of the sub-project complies with the Policy Framework and the approved RAPs. Ensure that the objectives of the RAP must be achieved after completion of all resettlement activities. - Resolve grievance and complaint of PAP. 99. The Project Management Unit (PMU) is responsible for the implementation of resettlement plan of the project. Their responsibilities are: - On behalf of the Project Owner or the city, prepare, implement and internally monitor all resettlement activities within the project, under the management of PPC or the city PC.; - To prepare and/or update RAPs in accordance with the approved Resettlement Policy Framework and submit them to the Provincial/city PCs and WB for approval before deploying the updated RAPs. - To coordinate with the relevant parties in implementing the approved RAP. - To recruit an independent monitoring agency for the project. - To support local competent agencies for resolving complaint/grievance of PAPs 100. Hai Duong City People’s Committees are responsible for: - Notification land acquisition to PAP if authorized by PPC; - Directing DRC and commune People's Committees in disseminating information and compensation and resettlement policies, conducting surveying, geodesy and DMS and implementing the RAP; - Approving compensation plans prepared by DRCs if authorized by PPC; - Issuing decisions on land acquisition of individuals and households; - Settling complaints and grievances of the PAPs within jurisdiction. - Cooperating closely with the external monitoring agencies 101. The District/City Compensation, Assistance and Resettlement Council (herein after referred to as DRC) shall be responsible for implementing compensation and site clearance for construction of the works in the city/district, including: - Arrange to implement the approved land acquisition, census, survey, measurement and inventory plans. - Develop, complete and submit the compensation, assistance and resettlement plans for approval and arrange to implement the approved plans. - Coordinate with the Commune People’s Committees in publicly posting the compensation plan as stipulated. Guide and respond to inquiries related to compensation, assistance and resettlement issues from land users. Resettlement Plan Page 59 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Make compensation payment in accordance with the approved compensation plan. - Synthesize the site clearance works and report the competent authorities on monthly and quarterly basis. 102. Ward/Commune/Township Level : Ward/Commune/Township People’s Committees will be responsible for the following: - Providing documents related to the origin of land use by affected households; confirming the eligibility of affected persons and affected assets; - Assisting competent authorities to resolve land disputes and complaints of affected people. - Assisting DPC, DCRC in organizing meetings, public consultations, socioeconomic survey during RAP preparation and implementation; - Establishing working groups at the Sub-ward level to support DPC and DCRC in conducting Detailed Measurement Survey, Replacement Costs Survey, Socioeconomic Survey, and provision of required information to support the preparation and implementation of RAP; - Cooperating with DRC in arranging compensation payment, resettlement and livelihood restoration implementation; - Identifying replacement land for the affected households who are eligible and propose livelihoods restoration programs appropriate to the conditions of the people and the locality; - Resolving complaints at the ward/commune level - as prescribed by the existing law; 103. Project Affected Persons (PAPs) are responsible for: - Coordinating with survey teams in measuring their affected lands and non-land assets and sign in DMS record; - Participating in all phases of the RAP preparation, implementation and monitoring and give feedback for preparing, implementing and monitoring the RAP in compliance with OP4.12; and - Hand over affected land to the project in a timely manner after receiving full entitlements. Resettlement Plan Page 60 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Figure 3: Structure of organization implementing RP Hai Duong PPC Hai Duong CPC DPI Consultants CCSCC eering Committee for the preparation PMU and implementation of projects CLFDC RP implementing WPCs Measurements, compensation payment and resettlement APs Note: : Directing lines : Collaborating lines PART 12: IMPLEMENTATION PLAN 104. The key activities of the compensation and resettlement is carried out by following steps and detailed in the expected schedule in Table 13: i. Based on detailed technical design of works, the design consultants and PMUs hand over benchmarks of site clearance to DCRC to determine AHs and carry out DMS of affected assets. Resettlement Plan Page 61 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province ii. Holding meetings with AHs to disseminate project information and principles of compensation and resettlement, including the project objectives and benefits, potential positive and negative impacts of the project, mitigation measures, and methods used to evaluate prices of affected assets restoration measures, and grievance redress mechanism. iii. Conduct detailed measurement survey (DMS) of affected HHs and their affected assets to collect information on PAPs, identifying quantities of affected assets. Consulting PAPs about mitigation measures for the project impacts and assistance measures for livelihood restoration. iv. Carrying out replacement cost survey. v. Preparing compensation plans, announcing compensation plans in public to obtain PAPs’ comments, finalizing compensation plans and submitting to DPCs for approval. vi. Paying compensation and allowances. vii. Implementing resettlement (if any) and site clearance after delivery of full compensation to PAPs. viii. Internal and external monitoring activities will be implemented during the whole process of compensation and resettlement implementation to ensure that the implementation of compensation and resettlement complies with RPF. ix. Implement GRM to resolve complaints of PAPs (if any). Resettlement Plan Page 62 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Table 13: Implementation schedule No Main action By when 1 Resettlement Plan 1.1 Project preparation 3-12/2017 1.2 Preparation of Resettlement Plan (during project preparation) 9-12/2017 1.3 Submit to the World Bank for approval 12/2017 2 Resettlement Plan implementation Prepare cadastral document and setting up benchmark for land 2.1 Q3/2018 acquisition 2.2 Public consultation and information disclosure Q3/2018 Inventory of loss and detailed measurement survey, replacement 2.3 Q3-4/2018 cost 2.4 Payment for compensation and site clearance Q4/2018 2.5 Construction commencement Q1/2019-2023 2.6 Q3/2018-2023 Monitoring Resettlement Plan Page 63 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 13: BUDGET ESTIMATION 13.1. Replacement cost survey 105. During the preparation of the Resettlement Plan, a rapid assessment on replacement cost was conducted based on market price for types of land and non-land assets including transactional fees like tax, levy, registration fee…The replacement cost survey was based on: - Decision No.33/2014/QĐUBND by Hai Duong Provincial People’s Committee dated 20th December 2014 promulgating land price in Hai Duong province; - Decision No.04/2017/QĐ-UBND by Hai Duong Provincial People’s Committee dated 21th March 2017 promulgating the price adjustment coefficient in Hai Duong province in 2017; - Consultation with leadership and local community - Reference with unit price of some other projects in the province - Real estate transaction floor - Consultation with construction contractor on local construction material price and cost 106. Results of the rapid replacement cost survey were applied for estimating the cost of RP implementation. During the implementation process, the PMU will recruit an independent appraiser for appraising the replacement cost for the project. Table 14: Results of replacement cost survey for land Residential land (Unit: 1000 VND/m2) Proposed Promulgated Work item Ward replacement price by PC cost Tran Hung Dao 4,800- 12,000 25,000 Bach Dang river embankment Trần Phú 4,800- 12,000 25,000 Ngoc Chau 4,000- 4,8000 15,000 Table 15: Replacement cost for house and structure (Unit: 1000 VND/m2) Price regulated by Proposed No Description Unit Hai Duong PPC replacement cost 1 House VND/m2 2,353 7,011 2 Breeding facilities VND/m 926 2,759 3 Fence VND/m 465 1,385 Table 16: Replacement cost for crop and vegetation Price regulated by Proposed No Description Unit Hai Duong PPC replacement cost 1 Fruit tree tree/m2 650,000 650,000 2 Timber tree tree/m2 200,000 200,000 Resettlement Plan Page 64 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 13.2. Budget estimation 107. Tentative budget for the resettlement is made based on mentioned price, including compensation for land and non-land assets, assistance and contingency, with total amount of 58,441,000,000 VND, equivalent to 2,568,844 USD. 108. Budget for Resettlement is taken from Hai Duong PPC counterpart fund and will allocated promptly and sufficiently against the resettlement schedule. Table 17: Tentative budget for the RP implementation Description Quantity Amount I. Land 19,822,792,900 1. Residential land 668.1 19,329,700,000 2. Aquacultural land 478.81 43,092,900 3. Landfill 5000 450,000,000 II. Structure 28,730,954,858 1. House 3,510 24,611,909,400 2. Fence 1,560 2,161,692,000 3. Yard 960 4,800 4. Breeding facilities 85 234,515,000 5.Compensation for underground electricity (5%) 1,230,595,470 6. Compensation for tap water (2%) 492,238,188 III. Tree 1,184,000,000 1. Fruit tree 1,200 780,000,000 2. Timber tree 2,020 404,000,000 Sub-total I 49,737,747,758 IV Assistance 2,000,120,000 1. Assistance for life subsistence 90 861,120,000 2. Assistance for business establishment 15 150,000,000 3. Assistance for vulnerable households 2 6,000,000 4. Incentive bonus 90 900,000,000 5. Transportation in the ward 18 63,000,000 6. Training cost IA/EAs 5 250,000,000 Sub-total II 51,967,867,758 V. Other cost 1. Implementation (2%) 1,039,357,355 2. Independent monitoring (1%) 519,678,678 3. Contingency (10%) 5,196,786,776 VII. Total 58,723,690,567 Rounded 58,724,000,000 Exchanged to USD 22,750 2,581,261 Resettlement Plan Page 65 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province PART 14: MONITORING AND EVALUATION 14.1. Objectives of Monitoring 109. To ensure activities and commitments described in the approved RAP is implemented fully and timely, monitoring and evaluation of the RAP implementation should be maintained by the Project Owner. While monitoring of the RAP implementation aims to collect, on a regular basis, information reflecting the RAP implementation results (See Appendix for suggestive monitoring indicators) the evaluation of RAP implementation aims to analyze the information collected throughout monitoring process, to evaluateat outcome level, to extent to which the RAP is executed in accordance with the agreed schedule and methods, and that the RAP implementation meets the objective of the World Bank’s Operational Policy 4.12 on Involuntary Resettlement. In case where gaps (between resettlement action plan and actual implementation) are identified during the implementation process, corrective measures will be proposed for timely action by PMU. Social risks posed by labor influx of contractors into the communities surrounding the project area also need monitoring regularly. 110. Specific objectives are as follows: (i) To ensure that the standard of living of PAPs are restored or improved; (ii) To monitor whether the overall project and resettlement objectives are being met in accordance with the Resettlement Plan, and if not to suggest corrective measures; (iii) To assess if compensation and rehabilitation measures are sufficient and comply with the WB’s OP4.12; (iv) Monitor and provide advice on the prevention of potential risks posed by labor influx into the communities surrounding the project area (i.e. the people living or working in the communes immediately adjacent to the project site) during construction; (v) Monitor and provide advice on the adequate protection of construction workers’ safety at the construction site and the implementation of good work-place safety practices during construction; (vi) Monitor and provide advice on the adequate implementation of the project’s Grievance Redress Mechanism (GRM); and to identify problems or potential problems and recommend remidies for problems. 14.2. Internal Monitoring 111. PMU is responsible to conduct internal monitoring on resettlement implementation. PMU will assign a specialized PMU staff to conduct internal monitoring with key assignments as below: - Coordinate with related agencies in process of RAP implementation; - Collect necessary data – as required by this RPF, to set up a database of resettlement for RAP implementation progress reports for internal monitoring purpose; - Monitor the resettlement sites, its status, progress and impact on PAPs; - Identify any pending issues/non-compliance issues during RAP implementation; Resettlement Plan Page 66 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Work closely with the External monitoring Consultant to oversee the implementation of RAP; - Receive and report complaint of affected people to competent authorities for resolving. 112. Depending on the nature and complexity of the RAP, and RAP implementation stages, the internal monitoring can be maintained weekly, monthly, and/or quarterly. A quarterly report should be prepared in the form of appendix of the progress report, as a minimum, to ensure a) RAP implementation complies with OP4.12, b) any issues that may arise so as to take timely and appropriate action. Monitoring indicators are proposed in Annex. 113. 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. 114. The implementation agencies will submit internal monitoring reports on the RP implementation as a part of the quarterly report they are supposed to submit the WB. The reports should contain the following information. - Number of affected persons according to types of effect and project component and the status of compensation, relocation and income recovery for each item. - The distributed costs for the activities or for compensation payment and disbursed cost for each activity. - List of outstanding complaints; - Final results on solving complaints and any outstanding issues that demand management agencies at all levels to solve. - Arisen issues in the implementation process and resolutions for them. - Updated actual schedule of resettlement activities. 14.3. External monitoring 115. Objectives: The general objectives of external monitoring are periodically external monitoring and assessing the implementation of the resettlement objectives, changes of living standard and jobs, income and livelihood restoration of PAPs, effectiveness, impacts and sustainability of PAPs’ entitlements, and the necessity of mitigation measures of losses (if any) in an attempt to bring about strategic lessons for making policy and planning in the future; 116. Responsible Agencies: In accordance with the World Bank requirements for consultant employment, PMU will recruit an external organization for conducting the external monitoring and evaluation of RAPs implementation. This organization is called the Independent monitoring agency (IMA) which has expertise in social science and experience in external monitoring of RAP. The IMA should start their work as soon as at the beginning of project implementation. 117. Monitoring and Evaluation: The following issues will be monitored and evaluated by the IMA, including but not limited to: Resettlement Plan Page 67 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Payment of compensation will be as follows: a) full payment to be made to all affected persons sufficiently before land acquisition; (b) adequacy of payment to replace affected assets. - Provision of assistance for PAPs who have to rebuild their houses on their remaining land, or building their houses in new places as arranged by the project, or on newly assigned plots. - Community consultation and public dissemination of compensation policy: (a) PAPs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) public awareness of the compensation policy and entitlements will be assessed among the PAPs; and (c) assessment of awareness of various options available to DPs as provided for in the RAPs. - Income and livelihood restoration of PAPs. - Construction of resettlement sites, its status, progress and impact on PAPs - Operation of the complaint mechanism and complaint settlement of PAPs. - PAPs’ satisfaction level on various aspects of the RAP will be monitoring and recorded. - Through the implementation, trends on living standard will be observed and surveyed. - The prevention of potential risks posed by labor influx into the communities surrounding the project area (i.e. the people living or working in the communes immediately adjacent to the project site) during construction; - The adequate protection of construction workers’ safety at the construction site and the implementation of good work-place safety practices during construction; - Advice on the adequate implementation of the project’s Grievance Redress Mechanism (GRM); and to identify problems or potential problems and recommend remidies for problems.. - Any potential issues in the recovering living standard are reported and suitable measures will be proposed to ensure the project objectives; 118. Methodology for External monitoring: Method of monitoring should be a combined quantitative and qualitative method with desk review, public meeting, focus group discussion, in- depth interview, site visit and sample survey. Scale of the survey sample may cover 100% displaced households and severely affected households, and at least 20% of the remaining households for each monitoring mission. The surveys should include women, elderly persons, and other vulnerable target groups. It should have equal representation of male and female respondents. 119. Monitoring Reports - The independent monitoring agency shall submit semi-annual reports which reflect the findings in the monitoring process. This monitoring report will be submitted to the PMU and then the PMU will submit to the WB. - The report should contain (i) progress of RAP implementation; (ii) deviations, if any, from the provisions and principles of the RAP; (iii) identification of outstanding issues Resettlement Plan Page 68 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province and recommended solutions so that the executive agencies are informed about the ongoing situation and can resolve problems in a timely manner; and (iv) progress of the follow-up of problems and issues identified in the previous report. 120. Post resettlement Evaluation - The external monitor will conduct an evaluation of the resettlement implementation 6 to 12 months after the completion of all resettlement activities. Report of the post resettlement evaluation will be included in Project Completion Report (PCR). - Resettlement implementation cannot be considered completed until a post evaluation and a project completion audit confirm that all the affected HHs have received fully all compensation, assistance and life restoration processes as planned. The IMA is requested to establish and maintain a resettlement database of the subproject for monitoring and reporting. The database shall be updated every month according to progress of resettlement implamentation. Resettlement Plan Page 69 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province ANNEXES Annex 1: Minutes of public consultation meetings 1. Tu Minh ward People’s Committee Resettlement Plan Page 70 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 71 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 72 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 2. Cam Thuong ward People’s Committee Resettlement Plan Page 73 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 74 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 75 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 3. Tran Hung Dao ward People’s Committee Resettlement Plan Page 76 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 77 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 78 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 4. Tran Phu ward People’s Committee Resettlement Plan Page 79 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 80 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 81 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 5. Ngoc Chau ward People’s Committee Resettlement Plan Page 82 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 83 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Resettlement Plan Page 84 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Annex 2: List of affected households Hamlet/residential Code Full name Gender Ward/commune group I Work item: Bach Dang river embankment HM2: 01 Hoàng Minh Đạo Male Zone 7 Tran Hung Dao HM2: 02 Nguyễn Mạnh Hùng Male Zone 7 Tran Hung Dao HM2: 03 Phạm Bá Trung Male Zone 7 Tran Hung Dao HM2: 04 Trần Đình Long Male Zone 7 Tran Hung Dao HM2: 05 Nguyễn Văn Sính Male Zone 6 Tran Hung Dao HM2: 06 Lê Thị Dương Female Zone 6 Tran Hung Dao HM2: 07 Vũ Văn Khải Male Zone 6 Tran Hung Dao HM2: 08 Phạm Văn Huấn Male Zone 6 Tran Hung Dao HM2: 09 Nguyễn Tiến Cường Male Zone 6 Tran Hung Dao HM2: 10 Vũ Thị Dung Female Zone 6 Tran Hung Dao HM2: 11 Nguyễn Thị Bích Female Zone 6 Tran Hung Dao HM2: 12 Nguyễn Công Thao Male Zone 5 Tran Hung Dao HM2: 13 Đào Thị Bảo Female Zone 5 Tran Hung Dao HM2: 14 Bà Phòng Female Zone 5 Tran Hung Dao HM2: 15 Mr Hoan Male Zone 5 Tran Hung Dao HM2: 16 Mr Hoàn Male Zone 5 Tran Hung Dao HM2: 17 Trần Văn Tuyên Female Zone 5 Tran Hung Dao HM2: 18 Nguyễn Kim Xuân Female Zone 5 Tran Hung Dao HM2: 19 Nguyễn Thị Thược Female Zone 5 Tran Hung Dao HM2: 20 Trần Lương Thịnh Male Zone 5 Tran Hung Dao HM2: 21 Nguyễn Thị Bốn Female Zone 5 Tran Hung Dao HM2: 22 Nguyễn Văn Tấc Male Zone 5 Tran Hung Dao HM2: 23 Nguyễn Thị Thịnh Female Zone 5 Tran Hung Dao HM2: 24 Vũ Xuân Khải Male Zone 5 Tran Hung Dao HM2: 25 Nguyễn Thị Thược Female Zone 5 Tran Hung Dao HM2: 26 Phạm Thế Huynh Male Zone 5 Tran Hung Dao HM2: 27 Mr Long Female Zone 5 Tran Hung Dao HM2: 28 Vũ Đình Chấm Male Zone 5 Tran Hung Dao HM2: 29 Mr Thuận Male Zone 5 Tran Hung Dao HM2: 30 Trần Thị Thảo Female Zone 5 Tran Hung Dao HM2: 31 Nguyễn Thị Liên Female Zone 5 Tran Hung Dao HM2: 32 Lý Thị Vận Female Zone 5 Tran Hung Dao HM2: 33 Nguyễn Văn Dũng Male Zone 5 Tran Hung Dao HM2: 34 Nguyễn Thuần Phụng Male Zone 10 Tran Phu HM2: 35 Nguyễn Tấn Hùng Male Zone 10 Tran Phu HM2: 36 Dương Viết Tước Male Zone 10 Tran Phu HM2: 37 Nguyễn Tĩnh Ca Male Zone 10 Tran Phu HM2: 38 Nguyễn Quốc Tú Male Zone 10 Tran Phu HM2: 39 Đoàn Đình Phú Male Zone 10 Tran Phu HM2: 40 Phùng Văn Dung Male Zone 10 Tran Phu HM2: 41 Phùng Văn Dương Male Zone 10 Tran Phu HM2: 42 Vũ Đức Tiến Male Zone 10 Tran Phu Resettlement Plan Page 85 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province HM2: 43 Lê Tiến Minh Male Zone 10 Tran Phu HM2: 44 Tống Thị Dấu Male Zone 10 Tran Phu HM2: 45 Bùi Ngọc Lan Female Zone 10 Tran Phu HM2: 46 Bùi Văn Hưng Female Zone 10 Tran Phu HM2: 47 Bùi Văn Quân Male Zone 10 Tran Phu HM2: 48 Nguyễn Thanh Đoài Male Zone 10 Tran Phu HM2: 49 Bùi Ngọc Sơn Male Zone 10 Tran Phu HM2: 50 Vũ Như Chung Male Zone 10 Tran Phu HM2: 51 Nguyễn Thị Gái Male Zone 11 Tran Phu HM2: 52 Nguyễn Minh Kiên Female Zone 11 Tran Phu HM2: 53 Nguyễn Quang Phái Male Zone 11 Tran Phu HM2: 54 Phan Văn Hùng Male Zone 11 Tran Phu HM2: 55 Nghiêm Thị Lanh Male Zone 11 Tran Phu HM2: 56 Nguyễn Thế Ân Female Zone 11 Tran Phu HM2: 57 Phạm Văn Trợ Male Zone 11 Tran Phu HM2: 58 Nguyễn Văn Hữu Male Zone 11 Tran Phu HM2: 59 Dương Văn Đại Male Zone 11 Tran Phu HM2: 60 Vũ Dũng Tiến Male Zone 11 Tran Phu HM2: 61 Vũ Văn Kỳ Male Zone 11 Tran Phu HM2: 62 Nguyễn Danh Tầm Male Zone 11 Tran Phu HM2: 63 Lê Hữu Luật Male Zone 11 Tran Phu HM2: 64 Phạm Đăng Quang Male Zone 11 Tran Phu HM2: 65 Nguyễn Hồng Thái Male Zone 11 Tran Phu HM2: 66 Vương Mạnh Hiệp Male Zone 11 Tran Phu HM2: 67 Trà Đức Hảo Male Zone 11 Tran Phu HM2: 68 Lê Văn Thắng Male Zone 11 Tran Phu HM2: 69 Phạm Quang Cường Male Zone 11 Tran Phu HM2: 70 Nguyễn Văn Mơi Male Zone 11 Tran Phu HM2: 71 Nguyễn Văn Bình Male Zone 11 Tran Phu HM2: 72 Nguyễn Văn Nhân Male Zone 11 Tran Phu HM2: 73 Nguyễn Ngọc Chuyền Male Zone 11 Tran Phu HM2: 74 Ngô Quang Tình Male Zone 11 Tran Phu HM2: 75 Phạm Nhật Đức Male Ngoc Chau HM2: 76 Nguyễn Mạnh Trường Male Ngoc Chau HM2: 77 Bùi Huy Thắng Male Ngoc Chau HM2: 78 Ngoc Chau II Improving drainage system in the North of the railway Resettlement Plan Page 86 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Annex 3: Proposed term of reference for independent monitoring consultant I. Introduction 1. The Project is implemented in five cities/towns, including (1) Hai Duong city (Hai Duong province); (2) Ky Anh city (Ha Tinh Province); (3) Tinh Gia town (Thanh Hoa Province); (4) Thai Nguyen city (Thai Nguyen Province), and (5) Yen Bai city (Yen Bai Province). 2. The overall objective of the project is to increase access to improved urban infrastructure services and enhance integrated urban planning and management capacity in the project cities. 3. The Project comprises of 2 components with the following contents: - Component 1: Structural component – Rehabilitation and construction of urban technical infrastructure. - Component 2: Non-structural component 4. The duration of “the Dynamic Cities Integrated Development Project” is expected to be 5 years, starting in 2018 and completed in 2023. II. Objectives of external monitoring 5. Overall objective of external monitoring is periodically external monitoring and evaluating the achievement of resettlement objectives, changes in living standards and jobs, income and livelihood restoration of affected persons, effectiveness, impacts and sustainability of APs’ entitlements, necessity for mitigation measures of losses (if any) and strategic lessons for policy making and planning in the future. III. Scope of work 1) Assignments of consulting agency - Determine whether the procedures for AHs participation and delivery of compensation and other rehabilitation entitlements has been done in accordance with approved RPF and RAP, and - Assess if the RPF and RAP objective of enhancement or at least restoration of living standards and income levels of DPs have been met. - Gather qualitative indications of the social and economic impact of Project implementation on the AHs. - Suggest modification in the implementation procedures, as the case may be to achieve the principles and objectives of this RPF and RAP. 2) Monitoring issues - Payment of compensation, against the following criteria; - Coordination of resettlement activities with construction schedule - Provision of technical assistance for house construction for AHs - The extent to which AHs are able to restore livelihoods and living standards - Public consultation and awareness of resettlement policies - The level of satisfaction of AHs with the provisions and implementation of the RAP - Trends in living standards Resettlement Plan Page 87 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province - Monitor and provide advice on the prevention of potential risks posed by labor influx into the communities surrounding the project area (i.e. the people living or working in the communes immediately adjacent to the project site) during construction; - Monitor and provide advice on the adequate protection of construction workers’ safety at the construction site and the implementation of good work-place safety practices during construction; - Monitor and provide advice on the adequate implementation of the project’s Grievance Redress Mechanism (GRM); and to identify problems or potential problems and recommend remidies for problems.. 3) Monitoring indicators - Monitoring compensation payments for AHs - Surveying women’s participation in resettlement compensation consultation process: - Restoring the civil infrastructure - Providing resettlement sites - Level of satisfaction - Information dissemination and public consultation - Income restoration - Socio-economic survey - Impact and gender strategy. - Implementation of GRM - Monitoring the contractor's labor influx IV. Monitoring method 6. The methods of independent monitoring of RAP should be implemented by combination of the quantitative and qualitative methods, community meetings, focused group discussion, in- depth interview and sample survey. Sample size for each monitoring round may be 100% of relocated households and severely affected households and at least 20% of the remaining affected households. 7. The surveys should cover women, the elderly and other vulnerable groups on the basis of gender equality. V. Completion progress and reporting 8. Independent monitoring consultant must submit the report every 6 month and reflect all findings during the monitoring. The monitoring reports will be submitted to the PMU, then the PMU will submit to the WB. The independent monitoring reports include as follows: - Inception report - Periodical report - Final report Resettlement Plan Page 88 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province VI. Compositions of Consultant Team and Requirements for Qualifications and Experiences a) Requirements for qualification and experience of key personnel for each Subproject No. Personnel Minimum qualification and experience 1 Team Leader Team Leader has bachelor’s degree in the fields related to social sciences (Resettlement expert ) (economics, sociology, land management ...), has experience working more than 15 years since graduation, experimental leader of consultants (National expert) for 03 independent monitoring consultancy packages on compensation, assistance and resettlement for projects funded by international donors such as WB and ADB. 2 Social expert Social expert has bachelor’s degree in the fields of social sciences (economics, sociology, land management, etc). (National expert) b) Requirements for capacity and experiences of consulting firm - Have working experience in social field in ODA projects for at least 03 years. - Have experience in working with government and international organizations. - Have experience and knowledge about issues that might occur during the implementation of compensation and site clearance work. VII. Monitoring schedule 9. The monitoring is expected to be implemented within 6 intermittent months, started from Quarter 2 of 2019 and finished at the end of Quarter 2 of 2022. VIII. Client’s responsibilities - Closely coordinate with the Independent Monitoring - Consultant during the Contract performance period. - Provide the Independent Monitoring Consultant with documents related to compensation and site clearance of the project. - Manage Consulting Service Contract - Arrange verification, acceptance and submission of outputs fully and timely. Resettlement Plan Page 89 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Annex 4: Tor Rp Hai Duong 1. SECTION 1 - BACKGROUND The Government approved proposal of the project "Dynamic Cities Integrated Development" on March 14, 2017 in Document No.2318/VPCP-QHQT. The project uses IBRD’s fund and WB’s fund and counterpart fund from the local budget/supporting capital from the Central. The overall objective of the project is to support dynamic cities in economic development through integrated urban solutions. Dynamic cities integrated development project covers multiple sectors and diversified investment works, including: road transport, flooding control system, wastewater drainage canals, technical infrastructure and social-welfare works, infrastructure in resettlement areas, etc. Construction option and technology will be proposed depending on specific works, technical characteristics, construction conditions and requirements. Design implementation and construction must comply with existing regulations of Vietnam. The dynamic cities integrated development project is carried out in 03 centrally-run cities: Hai Duong (Hai Duong province), Yen Bai (Yen Bai province), Thai Nguyen (Thai Nguyen province) and 02 provincially-run cities: TinhGia (ThanhHoa province), KyAnh (Ha Tinh province). Each subproject has 02 components. Specific objectives of Urban Hai Duong Sub-Project – Hai Duong Province are to (i): To raise the competitiveness of Hai Duong urban center in attracting people to come for living, attracting investors to develop services, trade and tourism (ii): Minimize damage caused by flooding by improving and maintaining existing urban drainage capacity and ensuring urban drainage in the future when urbanized under approved plans; (iii) :To promote the economic development of Hai Duong urban area; (iv): Minimize the risk of traffic accidents through the development of interconnected transport corridors; (v) Improved control of urban development through soft solutions in urban management, climate change; (vii): Step by step realizing the approved plannings and plans. 02 components of Urban Hai Dương Sub-Project are followed: Component 1: Improvement of Urban infrastructure o Develop technical infrastructure - Develop technical infrastructure on Nguyen Luong Bang road (L= 5.01km); - Develop technical infrastructure on Thanh Binh (L= 3.84km); - Rehabilitate drainage capacity to prevent inundation - Dredge and line embankment for T1 canal banks (section from Nguyen Luong Bang to Sat river (L = 1.58km); - Construct Lo Cuong pumping station with capacity Q = 11m3; o Rehabilitate drainage system in the North of the railway: - Construct Nghe Lake as the compensating lake, area F =2.4ha; - Rehabilitate the ditch system BxH =600x600 – BxH = 1000 x4000 to conduct water (L = 4.09km); - Rehabilitate drainage system in the North of the railway: Construct open channel system, BxH = 800x80 – BxH =2000x2000 along 7 sewer locations on NH5, L = 3.5km, and construct two booster pumping stations along NH 5 with capacity Q1=2.7m3/s and Q2 =1.28m3/s. Resettlement Plan Page 90 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Line the embankment for Bach Dang river banks from Tam Giang to the Dock (L - =1.4km), construct one management road from 2- 4m wide. o Improve environmental sanitation: - Construct one separate drainage system with diameter size from D300- D600 with length L =127.14km; - Construct 4 booster pumping stations with capacity Q= 238m3/day to Q= 12,000m3/day and the forced pipeline from D150 – D600, L =1.53km; - Construct the wastewater treatment plant capacity Q=12,000m3/day by 2025. Component 2: Technical Assistance and Investment Implementation The main objectives of this component are to (i) support the preparation of general development strategy of Hai Duong city; (ii) support preparation of development strategy for public transport; (iii) support preparation of plan for management of natural disaster and climate change. For each Subproject of each city/district, a Consultant who is selected for preparing reports on safeguards for assisting the appraisal of the WB so as to achieve objectives as the funding roadmap of the project. The Consultant will not be the independent Consultant of FS preparation. The objective of consulting service in this package is to Resettlement Plan (RP) for items of Urban Hai Duong Sub-Project under the Dynamic Cities Integrated Development Project. These reports must integrate adequate contents in compliance with existing regulations of the Government of Vietnam and the World Bank. For such purposes, the TOR is prepared for selecting Consultant for preparation Resettlement Plan (RP) with following detailed tasks shown below. SECTION 2 – RESETTLEMENT ACTION PLAN 2.1 Objective of the assignment The objective for the RP is to set out the policies, principles, institutional arrangements, schedules and indicative budgets that will take care of anticipated resettlements of the project. These arrangements are also meant to ensure that there is a systematic process for the different stages of the implementation of a framework that assures participation of affected persons, involvement of relevant institutions and stakeholders, adherence to both World Bank and Vietnamese procedures and requirements, and outline compensation and assistance for affected persons. 2.2 Scope of the assignment The consultant is to develop the RP taking into consideration the outlined objective and principles. The main goal of the RP is to identify the Project Affected Persons, strategies for compensation/ restoration of livelihoods and to compensate losses adequately according the correspondent legislations and safeguard policies, and to apply the project activities with the least disturbance to the communities hosting the project. The preparation of this RP shall follow the requirements of the World Bank’s OP 4.12 on Involuntary Resettlement and Vietnamese legal and institutional requirements related to land acquisition which have been integrated in the RPF. In order to achieve this goal the following tasks have to be done by the consultant: - Screening the presence of ethnic minority people in the project areas and examine whether they meet criteria as defined by the Bank in OP4.10 otherwise they could be treated as Kinh people. In case they meet criteria of OP4.10, the consultant Resettlement Plan Page 91 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province need to assess positive and negative impacts on them and recommend mitigation measures and relevant actions and include them in the RP. - Conducting socioeconomic/inventory/census survey for the PAPs to identify and quantify different categories of project affected people (PAPs) who would require some form of assistance, compensation, rehabilitation or relocation. - Describing the existing Vietnamese legal and policy framework for land acquisition; reviewing the laws, regulations that apply to reclaiming informally settled public land and involuntary eviction and resettlement. - Reviewing the World Bank policies related to involuntary resettlement in order to ensure that the RP is developed in full compliance with these policies. - Identifying the gaps between the national legislations and the World Bank policies related to involuntary resettlement and proposing practical procedures to bridge these gaps. - Identifying the key social impacts that will associate with the involuntary resettlement process and the main categories to encounter these impacts. - Preparing an entitlements matrix listing all likely effects as per relevant typologies to be developed on assets and resources. - Preparing standards for compensation and restoration of the social and economic base of the PAPs to replace all types of loss, as appropriate. - Developing clear executive time plan for the RP implementation linking the various steps to the various project components and execution plan, including institutional responsibilities, and monitoring parameters. - Documenting the various consultation activities to be conducted as part of the RP and ensuring that information has been shared transparently through an active and informative consultation process. - Developing communication and consultation plan to be adopted by the project implementation entities along the various stages of the project cycle. - Identifying the institutional responsibility for implementation and procedures for the grievance redress, arrangements for monitoring and implementation of the monitoring system. - Consulting the agencies responsible for land acquisition in the project city and the other institutes participating in the arrangement of resettlement activities in province. Their roles and responsibilities will be assessed. 2.3 Preparation of Resettlement action plan Tentative outline of the RP is provided in annex 4. Base on the outline of RP, primary and secondary data collected, the consultant will prepare RP for each project province to submit to the Bank for review and PPC for concurrence. The draft RP will be consulted with the affected people and the final RP will be disclosed to affected people and Infoshop of the Bank. 2.4 Methodologyfor preparation of resettlement pplicy frameworkd and resettlement action plan The Consultant should be employing a participatory bottom-up transparent approach in the preparation of the resettlement policy framework and Resettlement Action Plan. Various qualitative and quantitative data collection tools will be used to engage various categories of Project Affected People (PAPs). The main tools that will be deployed include but are not limited to: Resettlement Plan Page 92 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province 2.4.1. Secondary data collection method: Literature review: including laws, legislations that govern expropriation and land acquisition (both national and WB guidelines and safeguard policies) trying to highlight the gaps and how to fill the gaps with practical measures; review annual socio-economic reports and socio-economic development strategy of the project city/province. Conducting census, inventory of losses (IOL) and socio-economic survey for the RP. The main objective of the census survey for the RP is to help in establishing a comprehensive quantitative descriptive baseline for the PAPs. It also helps in providing in-depth understanding for the current socioeconomic situation related to project PAPs including their livelihoods and living conditions and the appropriate compensation tools. The census questionnaire (socio-economic survey) will be designed to investigate a number of issues in order to assist in establishing a full profile about the PAPs. It will also help in establishing baseline conditions to help in measuring the impacts of resettlement of PAPs during later stage of the project. 2.4.2. Survey tools: Different surveying tools could be employed to collect the needed data. A combination of both qualitative and quantitative data collection methods will be employed. The qualitative methods will aim to collect in-depth understanding and are generally more interactive and participatory techniques that will help in paving the way to the introduction of the structured inventory survey. The exact targeted number of focus group discussions (FGDs) and sample size will be determined before starting the survey. The Consultant should employ a gender sensitive approach with special attention to be paid to the affected women in general and the female headed households in particular. The inventory survey should be covering a case by case of the PAPs with the aim of setting quantitative baseline conditions that allows for planning the various resettlement aspects including the allocations needed for compensation. 2.4.3. Data analysis: The data collected through various surveying methods explained above will be carefully recorded on questionnaire, interviews transcripts and other data sheets. Various software for the analysis of both qualitative and quantitative data will be used, most importantly SPSS. Processed data will be included in baseline data of the project. The Consultant will also ensure thorough review for the qualitative raw information in order to extract useful opinions/experiences/quotations/lessons learnt and add to the analysis of the RP wherever applicable. 2.4.4. Field Observation The Consultant will also rely on field observations to enrich the findings on the current situation. Local surveyors (enumerators), local NGOs and natural/community leaders will be mobilized to assist in this task and field observation checklists will be designed in order for the team to fill during the field observations. 2.4.5. Consultation Resettlement Plan Page 93 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province Consultation for the draft RPF: This will aim to engage local key stakeholders, including affected people and involve them in the revision of the draft findings of the RPF. This step is very important and a key disclosure requirement for the World Bank. The requirements for arranging a public consultation including but not limited to: (i) Identification and invitation of various groups of stakeholders and ensure balanced representation (according to affiliation, gender, interests, etc) for all the groups including those who will be encountering various types of negative impacts. (ii) Selecting a venue which is neutral and convenient, provide transportation (if required) in order to encourage marginalized groups to participate. (iii) Preparation and delivering a presentation for the findings of the RPF. (iv) Recording and addressing the comments and concerns that the participants will raise during the consultation and ensure proper documentation for the event in the RPF. (v) It is crucial to adopt a gender sensitive approach with special attention to be paid to the affected women in general and the female headed households in particular. (vi) The consultant should consider local culture sensitive planning. In this regard, attention will be paid to develop alternative and plans in a culturally sensitive manner that is acceptable to the local population. Consultation for the draft RP: The consultant should employ a consultative and participatory approach that allows the stakeholders, especially affected people for feedback and facilitate the process of endorsement of the studies. A consultation meeting for presenting the RPs findings will be planned. This will aim to engage local key stakeholders and involve them in the revision of the draft findings of the RP. This step is very important and a key disclosure requirement for the World Bank. The requirements for arranging a public consultation include but are not limited to: • Identification and invitation of various groups of stakeholders and ensure balanced representation (according to affiliation, gender, interests, etc.) for all the groups including those who will be encountering various types of negative impacts. • Selecting a venue which is neutral and convenient, provide transportation (if required) in order to encourage marginalized groups to participate. • Preparation and delivering a presentation for the findings of the RP • Recording and addressing the comments and concerns that the participants will raise during the consultation and ensure proper documentation for the event in the RP. SECTION 3: REPORTS AND TIME SCHEDULE 3.1 Reports and Documents All reports and documents shall be submitted at the times shown in the table below. However, in general, the timing of submission of the reports and documentation will depend on the progress of the consultant for preparation of Feasibility Studies and Basic Designs. Reports shall be submitted initially as “Draft” for comment by the Client to PPC and the World Bank for comment. Following receipt of all comments, the Consultant shall make requested Resettlement Plan Page 94 Dynamic Cities Integrated Development Project – Hai Duong city, Hai Duong province amendments to the documents and resubmit as “Final” for approval if they meet requirements of the PPC and the Bank. In addition to the above outputs, the Consultant shall submit Monthly Progress Reports detailing the status of the Consultant’s work and comparing actual progress against the agreed work schedule, to the client and the World Bank. 3.2 Time Schedule The assignment is expected to commence in the beginning of October of 2017 and to be completed within 6 calendar months, (expectedly to be completed by April of 2018). The precise dates of the required outputs may be subject to change and shall be agreed with the client, depending on the progress of the work of the consultant preparing the Feasibility Studies and Basic Designs. Resettlement Plan Page 95