PEOPLE’S COMMITTEE OF BAC GIANG PROVINCE ETHNIC MINORITIES DEVELOPMENT PLAN (EMDP) BAC GIANG PROVINCE (VILG PROJECT) (Issued with Decision No. /QD-UBND Octorber ,2019 by the People's Committee of Bac Giang) Bac Giang, 2019 1 LIST OF ABBREVIATIONS DB Database EMG Ethnic Minority Group EMDP Ethnic Minority Development Program MPLIS Multi-Purpose Land Information System RD Rural Development GDLA General Department of Land Administration NRE Natural Resources and Environment C Central PC People’s Committee VILG “Vietnam: Improved Land Governance & Database” project LRO Land Registration Office PPMU Provincial Project Management Unit 2 TABLE OF CONTENTS LIST OF ABBREVIATIONS .................................................................................................. 1 TABLE OF CONTENTS ....................................................... Error! Bookmark not defined. I. OVERVIEW ......................................................................................................................... 4 1. Project Overview ................................................................................................................. 4 2. Project components .............................................................................................................. 4 II. SUMMARY OF THE SOCIAL ASSESSMENT .................................................................. 6 1. Ethnic Minority living in Project area: ................................................................................... 6 2. Economic, social and cultural characteristics of ethnic minorities in the project area ........ 6 3. Project Impact assessment ................................................................................................... 8 4. Policy framework and legal basis ........................................................................................ 9 4.1. Current legal regulations of Vietnam for ethnic minority groups .................................... 9 III. CONSULTATION WITH AND PARTICIPATION OF EM COMMUNITIES......................... 12 1. Summary of Free, Prior and Informed consultation (FPIC) with EM communities during project preparation ................................................................................................................. 12 2. Framework for free, prior, and informed consultation with EM communities during project implementation .......................................................................................................... 13 IV. ACTION PLAN OF EMDP ............................................................................................. 14 V. ORGANIZATION OF IMPLEMENTATION .................................................................. 22 VI. DISSEMINATION OF ETHNIC MINORITY DEVELOPMENT PLAN AND EM PARTICIPATION .................................................................................................................... 23 1. Disclosure of EMDP .......................................................................................................... 23 2. EM participation ................................................................................................................ 23 VII. GRIEVANCE REDRESS MECHANISM ..................................................................... 24 VIII. ESTIMATED COST ..................................................................................................... 24 IX. MONITORING AND EVALUATION ........................................................................... 24 ANNEX 1: PARTICIPANTS IN THE COMMUNITY CONSULTATION ....................... 27 ANNEX 2: PARTICIPANTS IN THE MANAGEMENT / ECONOMIC ORGANIZATIONS IN GROUP DISCUSSIONS…………………………………………...28 3 I. OVERVIEW 1. Project Overview The project development objective (PDO) of ‘Vietnam: Improved Land Governance and Database’ Project (VILG) is to improve the efficiency and transparency in land administration services in the selected provinces in Vietnam. The PDO will be achieved through the development and implementation of the national Multi-Purpose Land Information System (MPLIS), a unified system of Land Registration Offices (LROs) and a system for the monitoring and evaluation of land use and management, both at national and sub-national levels. Specific objectives of the project To develop and operate a Multi Purpose Land Information system to better meet the needs of local businesses, enterprises and citizens - To improve the effectiveness, efficiency and transparency of land management in the project area through the completion of the land database - To complete and operate local land database (i.e. cadastral data, planning data, land use planning, land price data, statistical data, land inventory) for land management works, and with connection to the central government and to share land information with relevant sectors (taxation, notary, banks…). - To improve the public services delivery in the land sector by modernizing the central offices such as improving service standards by providing head-end equipment for the central offices and staff training. - To improve the effectiveness in disseminating and raising awareness in the communities in the project; Especially for the construction, management and operation of the land information system; monitoring and evaluation system for land management and use. 2. Project components The project would comprise three components, as follows: • Component 1: Strengthening Quality of Land Service Delivery. This component will support (I) modernizing and strengthening LROs to provide better land services; (II) training and providing communication systems and awareness raising for stakeholders, including implementation of ethnic minority development plans; and (II) establishing and operating a monitoring and evaluation (M&E) system for land-use management. The investments under this component will sponsor for quality enhancement of land service delivery by streamlining service procedures and standards, renovating facilities, and building the capacity for personnel working in LROs in project provinces. The component will also help to monitor the implementation of land use 4 management in accordance with Land Law 2013 and to progressively respond to current and emerging socio-economic demands for better access to land information and better land services. The component will support the unification of business standards and LRO working infrastructure at provincial and district levels. In addition, it will also enhance the participation of the public, corporates, and other stakeholders through communication and awareness campaigns. The activities under this component will facilitate and operationalize the technological advances that will have been brought about in Component 2 of the project and ensure better community participation. • Component 2: Establishment and Development of the Multi-Purpose Land Information System (MPLIS) and Land Database. This component will support: (I) development of a centralized and consistent MPLIS model on a national scale (setting up the information technology infrastructure, software for the system management and operation for the country); (II) development of a database with 04 national components : (1) the cadaster; (2) the land use planning and plans, (3) the land price and (4) land statistics, inventory; (III) development of a Land Portal and sharing data with the other industries, sectors based on the architectural framework of e-government issued by the Ministry of Information and Communication to strengthen the participation of the people into MPLIS • Component 3: Project management This component will (I) overall project management, (II) monitoring and evaluation (M&E) of activities and targets - Name of Project: “Vietnam - Improved Land Governance and Database Project”, Abbreviations:VILG - Name of the sponsor: World Bank. - Agency responsible for Project management: Ministry of Natural Resources and Environment. - Line agencies involved in the Project: People’s Committee of Bac Giang Province. - Owner of Project: + Proposed project owner: General Department of Land Administration, Ministry of Natural Resources and Environment + Project owner for the area invested to build land database: Department of Natural Resources and Environment of Bac Giang province - Duration of the project: from 2017 to 2022. - Location: The project will be implementated in 08 district of Bac Giang province, including: Bac Giang city, Yen Dung district, Lạng Giang district, Luc Nam district, Yen The district, Tan Yen district, Hiep Hoa district, Viet Yen district. 5 II. SUMMARY OF THE SOCIAL ASSESSMENT A social assessment was conducted by the PMU with aims to collect data and information on ethnic minority communities in the project areas. 1. Ethnic Minority living in Project area Main ethnic minority people living in the project district in Bac Giang province are Tay and Nung with the population of 41,136 and 29,937 people respectively, of which the Kinh, the majority ethnic group in Vietnam, 1,459,875 people. The districts with ethnic minorities live in Bac Giang province as show in the table below: Ethnic minority Ethnic minority Ethnic minority Other Ethnic District group 1 group 2 group 3 minority groups Name Population Name Population Name Population Name Population Bac Nung 195 Tay 337 Kinh 170,599 Other 27 Giang city Lang Nung 7,767 Tay 1,645 Kinh 212,265 Other 108 Giang Luc Nam Nung 7,701 Tay 9,661 Kinh 222,345 Other 365 Yen The Nung 23,486 Tay 6,648 Kinh 106,407 Other 226 Tan Yen Nung 1,299 Tay 1,139 Kinh 189,794 Other 203 Hiep Hoa Nung 268 Tay 386 Kinh 246,964 Other 140 Viet Yen Nung 232 Tay 232 Kinh 160,039 Other 76 Yen Nung 188 Tay 228 Kinh 151,462 Other 83 Dung Total 41,136 29,937 1,459,875 1,192 Source: Statistics ethnic minorities of Bac Giang provice in 2017, 2, Economic, social and cultural characteristics of ethnic minorities in the project area As of December 31, 2017, the average total population of the whole Bac Giang province was 1,774,421 persons, of which the Nung EM accounting for 6%, followed by the Tay EM accounting for 4%, the Kinh EM accounting for 86,1%, the San Diu accounting for 2% and the other EM accounting for 0,09%, Ethnic minorities in Bac Giang province live in 10/11 district/cities of the province, The specific characteristics of each ethnic group are as follows: 6 a) Nung EM: Nung was the first most popular ethnic people in Bac Giang province, In 2017, the population of Nung in Bac Giang was about 93,284 people, accouting for 6% of the total population of the province, Nung EM are distributed evenly in districts, cities throught the province, especially in Son Dong district, Yen The district, Lang Giang district, Luc Nam district and Luc Ngan district, Bac Giang province, The Nung settled into villages of different sizes, Village was built mainly on the hillside, The area is adjacent to the cultivated land and near the water source, Most of the Nung's houses are stilted houses with two pillars, two main roofs and two trapezoidal scales, with 3 to 5 partitions made of veneer and bamboo, but the better-off houses with planks have two bridges, stairs up and down, the floor is usually about 1,6 meters from the ground, The main living source of Nung people is rice and corn, They combine wet rice cultivation in the areas along rivers and streams and dry rice cultivation on hillsides, The Nung also cultivates many industrial and perennial fruit trees such as tangerines, persimmons, anise ,,, Anise is the most valuable tree of the people, bringing significant profits every year, The most well-developed handicraft industries are textile, carpentry and wickerwork, Each village has a village head elected by the people in the village and is responsible for capturing relevant information, guidelines and policies of the Party and the State to propagate to the people in the village, the duties of the village head, similar to the previous Village patriarchs, In general, the Nung are still a community of solidarity and solidarity among members, support, solidarity, sharing in eating and drinking New Year, the care and mutual help, The linkage between families as well as the attachment of each member to the village is based on kinship or neighborhood relations. In terms of communication language, most Tay people can hear and speak Mandarin (Vietnamese), so the implementation of the Ethnic Minority Development Plan is quite convenient. Currently, most of the Nung ethnic people in some districts of the province have been granted certificates under the GCN measurement project under the overall project or projects for land use right certificates. The people's land parcels were basically issued in accordance with the intended use and the owner. However, in the process of issuing land use right certificate, there are many difficulties as usual, ethnic minorities give their children, security, purchase, sale and transfer without paper documents as prescribed. oral or written handwritten without confirmation ... on the other hand, the loss of issued land use right certificate are also common because people still do not see it important to have the land use right certificate. also the land traditions his father left behind for a long time no one can use. However, in many forms of implementation, up to now, Bac Giang province has basically implemented the issuance of land use certificates for people in the province in general and ethnic minorities in particular. 7 b) Tay EM The Tay is the second most populous EM after the Nung EM in Bac Giang province with about 54,919 people, accounting for 4% of the provincial population, The residence of the Tay ethnic group is distributed in almost 10/10 districts and cities of Bac Giang province, Like the Nung EM, the Tay peope live in villages and the hamlets to settle down and settle in each village with about 15 to 20 households or even 80 households, mainly living in the valleys and mountain slopes, which are convenient for transportation, The Tay's house is popular for houses with 3 spaces, 2 roofs (no left), earthen walls or bamboo, surrounding wood, thatched roofs, The Tày people are agricultural residents with a tradition of wet rice cultivation, who have long known to practice intensive cultivation and widely apply irrigation measures such as acquiring and fading to get water to irrigate rice fields, In addition to the wet rice, the Tay also grow dry rice, vegetables, fruit trees, etc, Livestock has developed with a variety of cattle and poultry, but free-grazing is still common, Within the Tay village, neighbors and kinship relations coexist and dominate the life of the national cultural identity, People in the village, mostly relatives, bride- in-law far and near, interrelated with each other, Like the Nung, Tay people most of them have been granted certificates of land for measuring projects, the remaining types of land will continue to be implemented under other projects. In terms of communication language, most Tay people can hear and speak Mandarin (Vietnamese), so the implementation of the Ethnic Minority Development Plan is quite convenient. Currently, most of the Tay ethnic people in some districts of the province have been granted certificates under the GCN measurement project under the overall project or projects for land use right certificates. The people's land parcels were basically issued in accordance with the intended use and the owner. However, in the process of issuing land use right certificate, there are many difficulties as usual, ethnic minorities give their children, security, purchase, sale and transfer without paper documents as prescribed. oral or written handwritten without confirmation ... on the other hand, the loss of issued land use right certificate are also common because people still do not see it important to have the land use right certificate. also the land traditions his father left behind for a long time no one can use. c) Other EM: In addition to the Nung and Tay EM in Bac Giang province, there are also the San Diu, Hoa, San Chi, Cao Lan … the cultural identity of these EM is almost similar to that of the Nung and Tay people, 3, Project Impact assessment 3,1, Positive impact: The project is expected to mainly bring positive impacts to the communities in the project area, including the interests of ethnic minorities, as follows: - Reducing administrative time and increasing efficiency for land users: The implementation of administrative procedures through the internet will increase the 8 transparency of information in the declaration and implementation of human procedures, It saves time and efficiency in reaching out to government agencies and employees, Based on administrative reforms, travel and paper costs, along with issues of bureaucracy and distractions, will be minimized, - Improvement of the business environment: With the transparency of land information and the convenient retrieval of information, investors can obtain the information they need to serve their business (e,g, the status and information of the land plot, the requirements and the procedures of the contract without having to visit the plot), - Improved administrative procedures for public services land users: Based on the sharing of land information between related public services, such as notary offices, law enforcement agencies laws and tax authorities, This represents a significant improvement in the accelerated coordination of public settlements for land users, In particular, the link between the notary offices will avoid the overlap in the notary service as the notary can check whether the parcel is notarized in another location before they carry out notary services, This will also result in a reduction in the cost of the verification process and verification of the records as it is available on the MPLIS system, Households and individuals who can benefit from the linkage between the Notary Public offices can reduce the risks and costs involved, They can check whether their plots are in the project area, or plan for new development or in a dispute, This will minimize the risk of land transactions, 3,2, Negative impact: The project will focus on improving the legal framework, building and operating MPLIS on the basis of existing land data for better land management and socio-economic development, The project does not propose to build any civil works, so there will be no land acquisition leading to physical and economic displacement or restriction of land use, There will be no impact on the exploitation of natural resources and vice versa, so the negative impact on the implementation of the project is almost none, However, land disputes among some land users may occur when the information related to land users is clear, specific and transparent, This issue will be considered and discussed during consultation with EM community in the stage of project implementation, 4, Policy framework and legal basis 4,1, Current legal regulations of Vietnam for ethnic minority groups The Party and the State of Vietnam have always considered the issue of ethnicity as an important strategic issue in development plan of the country, All ethnic minorities in Viet Nam have full citizenship rights and are protected by fair and equitable statutes in accordance with the Constitution and the Law, The basic policy is 9 "Equality, solidarity, mutual assistance for mutual development", in which the priority issue is "ensuring the sustainable development of ethnic minority and mountainous areas", The Constitution of the Socialist Republic of Vietnam in 2013 recognizes the right to equality among ethnic groups in Viet Nam (Article 5) as follows: “1, The Socialist Republic of Vietnam is a unified nation of all ethnic groups living in Vietnam, 2, Ethnic minorities, unity, mutual respect and mutual development; All acts of stigma and discrimination are strictly forbidden, 3, The national language is Vietnamese, Ethnic groups have the right to use their own language and scripts, to preserve their national identity and to promote their fine customs, customs, traditions and culture, 4, The State shall implement the policy of integrated development and create conditions for ethnic minority people to develop their internal strength and develop together with the country, " The Constitution, amended in 1946, 1959, 1980, 1992, and by 2013, states that "all peoples are equal, united, respected and helped one another to grow together; all acts of discrimination, ethnic discrimination; Ethnic Minorities has the right to use their own language and script, maintain their identity, culture, customs, and traditions, The State shall implement the policy of comprehensive development and create favorable conditions for ethnic minority people to promote their internal strength to catch up with the national development, " Land issues are of a political nature and can have an impact on the socio- economic development of many countries, especially in developing countries, Land policy has a great impact on the sustainable development and opportunities for socio- economic development for all people in both rural and urban areas, especially the poor, Article 53 of the Constitution and Article 4 of the Land Law 2013 clearly states the ownership of land as follows: "Land is owned by the entire people and is managed by the State, The State grants land use rights to land users according to the provisions of this Law, "Under this regulation, land is owned by the entire people, the state acts as the owner's representative for management and the State grants land use rights to land users under the form of land allocation, land lease and recognition of land use rights in accordance with the provisions of Land Law, Article 27 of the Land Law 2013 stipulates that the State is responsible for development of policies on residential land and land for public activities for ethnic minorities in accordance with customs, traditions, cultural dignity and the practical situation of each region; development of policies to facilitate for ethnic minorities who 10 are directly involved in agricultural production in the countryside to have land for agricultural production, Article 28 of the Land Law of 2013 stipulates that the State shall be responsible for establishing and managing the land information system and ensuring the right of organizations and individuals to access to the land information system; To promptly announce and publicize information to organizations and individuals; Competent State agencies and people in the field of land management and land use are responsible for facilitating and providing land information for organizations and individuals in accordance with provisions of laws, Article 43, Land Law 2013 on "Collecting comments on land planning and land use planning" stipulates that state agencies shall formulate land planning and land use planning as provided for in paragraphs 1 and 2 of Article 42 This law will be responsible for collecting comments from people on land planning and land use planning, "Citizens' consultation will take place through public disclosure of the content of land use planning and planning, through conferences and direct consultations, Article 110 of the Land Law 2013 stipulates the exemption and reduction of land use fees and land rental in cases: using land for implementation of policies on houses and residential land for the people with meritorious services to the revolution, for poor households, for households and individuals of ethnic minorities living in areas with especially difficult socio-economic conditions, in bordering areas or islands; using agricultural land of households and individuals of ethnic minorities, Under the provisions of the Land Law, a population community consists of a Vietnamese community living in the same village, hamlet, residential quarter, and similar residential area with traditional, customary or common family lineage, The allocation or lease of land must give priority to households and individuals who are ethnic minorities without land or lack of productive land in the locality (Article 133), The State requires the application of socio-economic policies for each region and each ethnic group, taking into account the specific needs of ethnic minority groups, Socio-economic development plan and strategy for Vietnam's socio-economic development focus on ethnic minorities, Some of the major national programs, such as Program 135 (infrastructure for poor, remote, and remote areas) and Program 134 (removal of temporary housing) for ethnic minority have been implementing, 4,2, World Bank’s operational policy on indigenous peoples The WB’s Policy 4,10 (revised in 2013) requires the Borrower to conduct a process of free, prior and informed consultation (FPIC) with the EM communities of the potential adverse and positive effects of the project leading to broad community support for the project, FPIC will be conducted at the beginning and throughout the 11 project cycle, The purpose of this consultation is to avoid or minimize the negative impacts of the project on ethnic minority people, to ensure that project activities are consistent with local culture and customs, and to encourage local community participation in decision-making in line with the World Bank policies, WB’s safeguard policies defined that the indigenous people is group (a) self- identified as members of separate indigenous cultural group that are recognized by other groups; (b) together occupied separate habitat on geographically; or ancestral territory in the project area and shared natural resources in this environment or territory; (c) cultural regulations under a separate habits and custom in comparison with mainstream culture and society; (d) indigenous language often different with official language of the country or the region, Within the VILG project area, ethnic minority groups in the project areas are likely to receive long-term benefits from being communicated in order to be aware of the laws and have access to land information and land services, Ethnic minority development planning (EMDP) is an action plan to maximize potential positive impacts and mitigate potential negative impacts that may occur during implementation of the project activities, To ensure the reduction of poverty and sustainable development, at the same time, fully respect human dignity, human rights, economic values and cultural identity of ethnic minorities, III, CONSULTATION WITH AND PARTICIPATION OF EM COMMUNITIES 1, Summary of Free, Prior and Informed consultation (FPIC) with EM communities during project preparation Bac Giang Department of Natural Resources and Environment have coordinated with project districts to conduct consultation with ethnic minority people in the 04 communes in 03 districts (Dong Son, Canh Nau commune in Yen The district, Huong Son commune in Lang Giang district and Tam Di commune in Luc Nam district), Results of consultation are summarized as below (further details are in the annexes 1 & 2): PPMU has conducted consultations with the subjects: (1) land administration officials such as management staff in departments, sectors, offices of natural resources and environment, chairmen/ chairwomen of communal people’s committee, communal cadastral officials, and so on (2) land users including both businesses and organizations; (3) EM communities, Results of the consultation are summarized as below: Managing staff Organization EM people Contents of No, consultation good average weak good average weak good average weak 12 Managing staff Organization EM people Contents of No, consultation good average weak good average weak good average weak Status of land information supply by land 1 92 5 3 89 10 1 100 registration agencies to land users in localities IT applying and 2 100 85 15 20 50 25 using skills Dealing with land administrative by 3 95 5 95 5 80 20 land registration agencies Dealing with land 4 complaints and 95 5 93 7 85 15 disputes Knowledge disseminating and awareness raising 5 95 5 95 5 5 90 10 for communities about land information Note: Results are obtained on the basis of a majority of votes aggregated After PPMU’s introduction of the ‘Vietnam Improved Land Governance and Database’ project, its specific targets and benefits, most of the consulting people, especially EM ones, expressed the agreement and supports for the project, They proposed to have early project implementation so that necessary land information can be provided to them more conveniently, To avoid the project’s undesired impacts on the EM groups, most of consulting people accepted with the following proposed solutions: - Strengthening the land information supply to land users in multiple forms (as well as for public services) to limit the complaints and disputes in land by citizens and businesses, - Disseminating the information about the importance of land information for awareness raising for the EM groups and for the poor in multiple forms which are culturally and customarily appropriated, - Training computer skills for hamlet’s/village’s staffs and citizens, 2, Framework for free, prior, and informed consultation with EM communities during project implementation 13 PMU shall establish a consultation frame including issues on gender and intergeneration to provide the consulting opportunities and participation of EM communities, EM’s organizations, and other civil organizations in project activities during the project implementation, The consultation framework shall clarify (I) targets of consultation, (II) contents of consultation; (III) consultation methods; and (IV) information feedback, Based on the consultation framework, a consultation plan shall be developed and implemented as following: (I) Targets of consultation and fundamental information required from them; (II) determining issues needed for consultation; (III) selecting the consultation methods which are relevant for targets of consultation and culture of EM groups; (IV) selecting the locations and times for consultation appropriated with culture and custom of EM groups; (V) budgets for implementation; (VI) implementing consultation; and (VII) use of consultation results and responses, Some common and effective consultation methods are (I) community meeting or group discussion (II) interviews with the key information providers or in-deep interviews; (III) use of structured questionnaires; (IV) mobile exhibition and demonstration, The selected methods and languages shall be accordant with the cultures and practices of EM communities, Also, adequate time shall be allocated for gaining broad support from people involved, Relevant, adequate, and available project’s information (including negative and potential impact) need to be provided to EM people in the ways that are most culturally appropriated during the project implementation, IV, ACTION PLAN OF EMDP Based on results of consultation and assessment, an action plan including following activities is proposed to ensure that the EM Peoples receive a maximum of social and economic benefits of the project in culturally appropriated manner, including training to enhance the capacity of the project implementing agencies, 1, Activity 1: Establish a district-level community consultation group To build a way for disseminating information and receiving feedbacks from land users (especially the EM communities), a district-level community consultation group (DCCG) shall be established, Representatives from EM board of project district, land management and registration offices, provincial PMU, communal leader board and cadastral officials, communal fatherland front and women’s union, People’s Committee of Bắc Giang shall issue a decision to establish the group and its mechanisms of operation, The group’s tasks are to disseminate project’s information and implement meaningful consultation missions in EM communities focusing on project’s activities with aims to obtain EM’s consent and broad support and to promptly provide EM’s feedback to project’s PMU, implementing units and EM communities as below: - The needs for land information by local EM communities; 14 - The EM’s cultures and practices to be considered during the project implementation; - Customs in EM’s land use to be considered during land-related processes and land information delivery; - Constraints in disseminating information to, consulting with and getting participation of EM communities during the project implementation and the use of project’s results; - Solutions for the mentioned constraints to guarantee maintaining the EM’s broad supports for the project and the effective and sustainable use of project’s results; - Acceptances of complaints and coordination between the relevant agencies in solving complaints and responding back to complainants in a satisfactory and timely manner, Project’s PMU and relevant units shall maintain regular consultations with DCCG during the project implementation, Culturally appropriated and useable consultation methods are community meeting, target-based group discussion (i,e, women or vulnerable groups), deep interviews with major information providers (i,e, village patriarchs, heads of hamlet(s) / villages, cadastral officials, representative(s) from relevant services delivery agencies), and model exhibition, The methods shall be included with gender, intergenerational, and voluntary issues without any interferences, Consultation shall be two-way, where announcement and discussion are done together with dialogue and response, Consultations are made with goodwill, freedom, without any obligations (no people with influences shall be involved in the meeting), and with full information to people involved in the consultation for gaining consent and broad support from EM communities, Methods of access shall be guaranteed to deal with gender issues, relevant to the needs of disadvantaged and vulnerable groups, respectful to the comments from vulnerable groups, and included with other stakeholders, If land users are EM, they shall be provided with highest possible amount of information, which is culturally appropriated during the project implementation, monitoring and evaluation with aims for involvement and integration, Information are included with but not only limited to the project’s concepts, design, proposal, protection, implementation, monitoring and evaluation, All information on the project activities to be consulted with EM community shall be provided to EM people in two ways, Firstly, information shall be shared in the monthly meeting between the heads of hamlets / villages and leaders of communal people’s committees or consultation group for later transferring to hamlets’ citizens in village meeting in a culturally appropriated way and relevant EM languages, Secondly, announcements in Vietnamese and EM language(s) (if required) will be made public at 15 the communal people’s committees in at least a week before the consultation event , Early announcement is to guarantee to provide sufficient time for citizens to understand, evaluate and analyze information related to the proposed activities before consultation, Moreover, the project activities shall have active participation and instruction (either official or unofficial) of local personnels such has heads of hamlets, members in the hamlets’ teams of mediation, etc, Communal board of supervision shall closely monitor the involvement of local organizations and personnels in various VILG’s activities, Inputs for monitoring and evaluation may be the EM’s ability to acess to land information system established in the project, benefits from the receivable information, etc, By allowing different stakeholders (in EM groups) involved in making the project’s plang, implementation, monitoring and evaluation, it will be able to guarantee the EM people to receive socio-economic benefits from the project in culturally appropriated ways, With the participation of EM community, it will strengthen the transparence and efficiency of the land information established in VILG, and the project’s objectives for EM groups will be achieved, Building capacity for stakeholders, especially the consultation group, shall help avoiding the existing constraints in local community consultation such as one-way consultation, insufficient information, hasty and obligated manners, 2, Activity 2: Communication campaign using modern communication tools * Communication strategies: An appropriated communication strategy shall be established and implemented to promote the citizens’, especially EM’s and vulnerable groups’, needs for land information, At the same time, it expresses the stronger commitment of local authorities in solving the constraints in complete land information services delivery, VILG’s communication strategies (CS) and project operation manual (POM) shall consider the contents and requirements made by citizens in the local community consultations, and not miss the vulnerable groups and their benefits, Communication strategy shall establish a two-way environment for dialogue, which means it is a channel for project’s information transferred to community, and also a channel for listening, responses and feedbacks to the communities’ concerns, Given that, a comprehensive communication strategy to support the project shall be designed and implemented, A draft of communication strategy shall deal with following issues: - The service delivery parties: ✓ Ways to achieve and strengthen the commitment of both central and local authorities and staffs in reforming existing land information system, This is a social mobilization process to gain land users’ belief , As a result, the land administration agencies shall establish a favorable 16 environment with supports from VILG; the regular involvement of land users shall be guaranteed by consulting for their concerns about the benefits of land use as well as access to land information; reliable delivery of land information in localities, Moreover, local staffs shall strengthen their communicating skills; understanding, facilitating, and making forums for communities to response during the VILG project implementation, ✓ Ways to build the bases for the community participation in discussions and dialogues with land managers on different topics including their concerns and the need for an understanding of their land use rights as well as land information to be acquired from the project’s information system; ✓ Ways to build communication bases at various levels (reporting sessions for citizens, hamlet meetings, etc,) to be able to receive feedbacks on the activities of services delivery parties and their ability in solving the increasing demands on the land information services, which is also a VILG’s result, Procedures for the feedback mechanism shall be clear and transparent with special focus on the vulnerable group, E,g, Issues associated to information receiving channel and stakeholders shall be responsible for handling the feedbacks within an anticipated amount of time, Prompt guidance and satisfaction of land users’ concerns and suggestions shall be achieved by communication strategies and monitoring processes, - The users: ✓ How to strengthen the needs and maintain the use of land information services, especially in the vulnerable group, ✓ How to make changes in communicating behaviors, especially in different EM groups in the project area, Communication strategies and documents shall be designed in the way that accounted for differences in behavior cultures among various EM groups and made appropriate changes to fit with these behaviors, ✓ How to adjust the activities in local disseminating sessions in land information in the communication campaigns to solve specific needs of various EM groups in terms of languages and cultures, Strategy shall be considered with differences in information sharing among various EM group, and taking advantage of reliable communication structures and mechanisms, and both EM’s official and unofficial organizations to disseminate the project information, and allowing supports and consultation with EM’s people in land use using relevant languages and in culturally appropriated ways, Local personels are encouraged to proactively support the inaccessible group, ✓ Mechanisms for clearing constraints, barriers, and difficulties raised from EM’s practices and religions, and for responding to stakeholders’ queries, - Community accessing communication: 17 Relevant communication documents for disseminating: Making and disseminating a complete set of printed and audiovisual documents (i,e, files, flyers, posters, documentary, training programs, TV’s advertisements, radio, etc, attached with relevant logos, messages, and mottos) for the targeted groups in communication campaigns, It is necessary to guarantee transferring main messages and knowledge to VILG’s stakeholders including the vulnerable groups, This shall contribute to awareness raising for land users, changing their attitudes and behaviors in seeking for land information in long-term and making changes and maintaining encouraged behavior, Documents design shall be appropriated (both in social and cultural aspects are acceptable) for targeted groups using standards for making communication documents (clear, concise, well-organized, and completed, etc,), Documents shall be carefully developed for effective sharing with intellectual, working, and EM families where Vietnamese is their second language, Hence, a non-technical language and illustrations shall be used, These documents shall be tested in selected communities in the project areas for completeness and effectiveness assessment, Finally, it is crucial to direct and train stakeholders in the effective uses of communication documents as already determined in the communication strategies, Communication campaign: Public communication campaigns can be appropriated for one-dimensional information sharing, The campaigns shall be focused on the information in specific areas, where local television and radio can be used for broadcasting, Communal broadcasting can be an effective way for disseminating to a large group of people with relatively low cost, However, communal broadcasting may not be saved at all time and not be used in areas where people are sparsely inhabited, Pieces of music, skits or easy-to-remember mottos, if appropriately used can help to solve the mentioned issues with some level of effectiveness, Public information (including maps, planning, and procedures in an accessible way) delivery at both district and communal levels is useful, Before MPLIS implementation, the communication campaigns shall be implemented focusing on the fundamental benefits and knowledge of access and use of MPLIS’s land information and relevant fees (if any), These campaigns shall be implemented by meeting, public media or dissemination of printed or audiovisual IEC documents depending on the local social contexts, Participation of information focal persons: Local authorities are encouraged to participate and promote the village’s personnels, especially community organizations and trade union, Focal points of contact shall be village / hamlet heads since many studies demonstrated their importance and effectiveness in communication, These organizations and individuals are mainly local EM inhabitants; thus, they shall be very active in disseminating policies and programs to relevant local residents, Each locality shall decide the most relevant and effective information focal points in the local contexts, 18 Consulting: Evaluations shown that there are people with no knowledge of land laws and how to apply them in practice (legal explanation), Given that, consultants with EM communities is required along with MPLIS in some communities, Regular local meetings: regular communal (and ward) meetings including question and answer sessions might be one of the most effective ways to support the local communities in project participation by receiving and responding to their concerns, In urban area, it shall provide the citizens participating with local land administration officials in close manner, Information for the poor, however, shall be provided by direct visit to their houses or in meetings with the poor since the poor usually misses common meetings, Modern tools: PPMU shall prepare the communication contents and make use of easy-to-understand tools such as DVD with Vietnamese language, and in some VILG’s components, project’s contents might be translated into EM languages (if required), These will be prepared for use during the operation process in localities based on the DCCG, Access to and use of MPLIS and LROs’ services are some contents introduced in this communication tool, This communication tool will be archived in the communal cultural centers or PC for introducing about VILG and land information management and access, Modern equipment: PPMU shall consider to equip computers at the communal or hamlet’s offices to allow EM people to access to information (with training and instruction), PPMU shall strengthen land information access and sharing to EM people, 3, Activity 3: Training for village heads, hamlets, village patriarchs, and prestigious people in the community, In order to equip knowledge and presentation skills for dissemination, and creative use of knowledge, management skills, problem solving skills for EM communities during implementation of assignments of village / hamlet’s hea ds, etc,, mobilization of EM households participation and support for implementing the project’ objectives, PPMU shall coordinate with CPMU in organizing training courses for village / hamlet’s heads, village patriarchs, and prestigious people of communities, etc, so that they can provide supports during the project implementation, Training courses shall be organized as soon as possible and through the process of project implementation, 4, Activity 4: Organize meetings in villages, hamlets … and communes, In hamlets and villages where there are large populations of EM groups, PPMU and DCCG shall organize communal and hamlet’s meetings with EM people for responding to their questions and concerns (with translations into EM’s languages (if 19 any)), These activities shall be started before the project implementation and maintained during the project’s cycle, Channels and ways to access to land information and documents, preference policies, and information feedback policies are also introduced in these meetings with EM groups, PPMU shall coordinate with public media (local radio, television, or news) in disseminating mentioned information mechanism in the local public media, Documents used for citizen meetings and communal consultation are provided by PPMU based on CPMU’s templates, legal documents or disseminating communications, Documents and information are made in a simple way with clear mottos and illustrations, If funds can be allocated, some key contents will be translated into EM’s languages (if any) for sharing in the local EM communities, 5, Activity 5: Training for land administration officials, Training and strengthening the roles, responsibilities, and skills of personnels in state land management in localities (LROs) and to guarantee for solving land administrative procedures to meet the needs of EM’s people, Organizing orientation workshops for land managers in accessing and working with ethnic minorities, Particular attentions are paid to: (1) the special needs of EM communities, and (2) importance of the roles and responsibilities of involved personnels in the Communist Party’s strategies, guidelines, and lines, and the State’s policies and laws related to the socio-economic development in the EM’s areas, Strengthening services quality of personnels involved in services delivery in land information and administrative procedures; (3) communicating skills in working with EM people, 6, Activity 6: Establishing supporting services for accessing to land information and land registration for ethnic minorities communities, LRO’s branches shall provide support services for accessing to land information and land registration for EM groups in the rural and mountainous areas by appointing personnels to regularly work with them in the communal PC, At the same time, training the communal personnels in query, acceptance, and use of land information system in internet for providing land information to EM groups as well as for conforming land transaction contracts, Branches of LROs shall consult with the communal leaders, villages’/ hamlets’ heads and communal community participatory group (CCPG) for making regular plans and working schedules to fit with the conditions of EM groups, Villages’/hamlets’ authorities shall make these plans and working schedules public to citizens for convenient use in their own needs, 20 Project shall promote the activities of local organizations such as Youth Union, Women Union, and other civil social organizations, These organizations may strengthen the efforts in information transparence in the EM communities by getting involved in the plan making process with participation and capacity building, Supporting personnels from local organizations, especially Youth Union and Women Union, are highly encouraged for employment, Procedures for transactions and access to land information will be established in communes, Also, other land-related procedures are implemented at communal offices, Communal land managers will support local residents to avoid inconveniences, Forms for transactions and access to land information will be public in communal PC/villages (cultural offices or the meeting rooms), 7, Activity 7: Establishment of a dispute settlement mechanism, In the project’s training courses, local land administration officials shall be informed to notice PPMU about any EM-related land issues despite the results of local mediation were success or failed, Grievance redress mechanisms (GRM) are established in the EMDP and shall be implemented pursuant to POM and CPMU’s guidance, To support these mechanisms, VILG’s PPMUs shall appoint personnels in charge of tracking implementation of the GRM and reporting the results of solving and mitigating the complaints to CPMU and the Bank, To minimize potential disputes and complaints which may be raised during project implementation, the State official dispute settlement mechanism is needed, The project shall establish an official channel to receive land-related complaints and disputes through the GRM, Beside of the official channel, EM groups are encouraged to use unofficial/traditional institutions in the communities such as village / hamlet’s heads, village patriarchs, etc, for resolving their complaint and disputes, Each village and hamlet shall establish a mediation team to support the communal PC in mitigating and resolving disputes, 8, Activity 8: Monitoring and evaluation, The Project Monitoring System is designed to examine the level of acceptance and satisfaction of the communities including the Kinh and Ethnic minority people in land management services in the participating districts, Internal monitoring by the VILG Central Board and PPMUs will be monthly implemented in the project area, The internal monitoring aims to review progress of implementation of the approved EMDP and compliance issues, If any issues/problems are identified, remedies will be proposed and implemented to resolve the issues, A semiannual internal monitoring report will be submitted to the Bank for review, The World Bank project Team will also carry out supervisions to support PPMUs for implementation of the EMDP and resolve issues raised during project implementation, A final monitoring and evaluation will be conducted after completion of all activities 21 of EMDP for 6-12 months to evaluate the extent to which the objectives of the EMDP have been achieved and any necessary action need to be implemented additionally to achieve objectives of the EMDP, In addition, the Provincial VILG Committee in collaboration with the People’s Committees of districts and PPMUs to organize workshops to evaluate and draw experience in the implementation process, V, ORGANIZATION OF IMPLEMENTATION 1, CPMU is responsible for training and directing implementing agencies and monitoring the organization of implementation of local EMDPs pursuant to EMDF and project’s POM, 2, Chairman of provincial PC is responsible for approving their provincial EMDPs, directing the implementation of the plans, and allocating sufficient funds for project implementation, 3, Provincial Department of Natural Resources and Environment (DONRE) and VILG’s PPMU shall coordinate with district PCs in organizing the implementation of EMDP pursuant to project’s POM, 4, VILG’s PPMU shall appoint a staff as a social focal person, This staff is responsible for coordinating and supervising the implementation of the EMDP and preparing internal monitoring report to submit to CPMU and the Bank every 06 months, 5, Representatives from provincial/district Board of ethnic minorities, DCCGs, and communal land administration officials shall coordinate with VILG’s PPMU to organize consultation sessions; evaluating and consulting issues associated with project implementation, and EM people; monitoring the community’s acceptance and satisfaction of the land information management / access to services in project’s districts, including residents in the areas (both ethic majority and minority groups), 6, EM communities are responsible for monitoring and reporting about the status of project implementation in the communities and project’s negative impacts on the communities, 7, Regular reports from VILG’s PPMU (every 6 months) shall include status of the EMDP implementation; EM’s feedbacks on the project’s activities in the province and the plan for implementation of follow-up activities, During the implementation process, any difficulties shall be informed to the VILG’s PPMU and provincial steering committee for proper and timely responses, 22 VI, DISSEMINATION OF ETHNIC MINORITY DEVELOPMENT PLAN AND EM PARTICIPATION 1, Disclosure of EMDP PPMU has shared EMDF in technical training and EM community consultation sessions and uploaded it on the local websites, Draft EMDP was consulted with local authorities and EM communities before submitting to WB for review and approval, The approved EMDP will be promulgated to EM groups again using simple and easy-to-understand languages in the village / hamlet meetings and be archived in the communal PC, communities’ cultural offices to provide EM communities an opportunity to access to and to understand the plan, The approved EMDP will be disclosed locally and also be uploaded on the WB’s external website, During the project implementation, any changes or impacts occurred, they will be updated in the EMDP, Updated EMDP will be sent to World Bank for approval and later promulgated to EM communities in the project areas, 2, EM participation To guarantee the EM participation in the project implementation, the meaningful consultation shall be made in a free way with sufficient information provided before the implementation of project activities, PPMU has consulted EM communities including the beneficial and influencing households for evaluating their needs for the land information services delivery, The feedbacks from EM communities are guaranteed to be considered during the project design and implementation, During the EMDP preparation, community consultations were made by public meetings, individual interviews, and group discussions, Residents in hamlets from project areas including beneficiaries and affected people were participated and involved in the discussion and information sharing, Women, the vulnerable groups, and the Youth were invited and encouraged to speak up, EM groups in communes from the project areas were also consulted, Their representing organizations such as communal and hamlets’ Women Union, Co-operative, Farmer Association, and Youth Union were consulted as well, EM community consultations were made for 04 project communes focusing on following issues: a) positive and negative impacts on the households and communities, b) avoidances or mitigations of negative impacts on the communities, and c) socio- economic opportunities provided to EM households and communities by the project, Consultation meetings were organized with the participations of all stakeholders including provincial board of ethnicity, representatives from district offices such as office of ethnicity, land registration, women union, and representatives from project communes to interact with provincial board of ethnicity, district offices of 23 ethnicity and question on the released policies for EM people as well as completed and ongoing programs in the project areas related to land use, Consultation mechanism and participation of EM people in the project implementation: before implementation, voluntary participation with sufficient information provided to gain wide agreements of EM groups as well as during the project implementation with meeting minutes, Communities’ feedbacks were considered and included in the project design, Useable consultation methods and participation are group discussions, interviews with key people, prestigious people, and model demonstration, Consultation methods and participation shall be culturally appropriated with EM groups, dealt with gender and intergenerational issues, and included with vulnerable groups, VII, GRIEVANCE REDRESS MECHANISM Two-level grievance redress mechanism was established for the project including the community and the authority levels, In each project commune, a mediating team will be established to receive and deal with concerns or conflicts by traditional meditations, If complaints cannot be solved at the community level, it will then be sent to the authority level by communal, district, and provincial one-stop shops, and then to the court, Social focal person of PPMU is responsible to receive citizens’ complaints (if any) and work with local authorized agencies in solving the cases and to monitor the cases until the end, The results shall be informed in written documents to complainants, Complaints and solving results shall be reported in specific in reports of EMDP implementation and submitted to CPMU and World Bank, VIII, ESTIMATED COST Estimated costs for implementation of this Ethnic Minority Development Plan include costs for implementing activities mentioned in this report. The budget will come from the project cost. Budget to implement this plan will be taken from the budget of the local counterpart. The total estimated budget is 463,000,000 VND. (In words: Four hundred and sixty three million dong), equivalent to 20,000 USD (converted 1USD = 23,150 VND at the time of submission to the Provincial People's Committee for approval). The process will be implemented according to the estimates by the competent authority specific approval. UNIT PRICE AMOUNT NO CONTENT UNIT NUMBER (USD) (USD) 24 TOTAL 20,000 Community consultation Activity 1: group and workshops 2 5,000 times a year Remuneration for the Community Consultation Group (Officials of environmental resources Work and agency, local ethnic earn salary - minority management according to agency, local cultural concurrently agency, ethnic minority community representative,,,) Other expenses (travel, - 1 5,000 5,000 printing, ,,,) Use modern and effective Activity 2: communication tools Integrating Building media content into sub- - component (under DVD format) 1,3 - Broadcast and print DVD Training for village and hamlet leaders Organize Activity 3: 01 conference to train conference 1 3,000 3,000 village and hamlet leaders (120 people x 1 day) Organize meetings with villagers, villages and Activity 4 Meeting 15 600 9,000 communes (5 meetings / year x 3 years) Integrating Training of land managers into the (Organizing orientation project's workshops for land training Activity 5 managers to approach programs ethnic minorities) (2 and other conferences / provinces) programs of the central 25 and localities Establish services to facilitate access to land information and land Activity 6 registration in communities where ethnic minorities live, Funds from Funds to support the ROK regular to provide services to operation access land information expenditure - and land registration for sources of ethnic minority groups in registered remote areas (20 office communes * every 2 years) The land registration office trains commune-level - officials to support access and use of land information systems via the Internet Community mediation Activity 7 3,000 board Organizing training workshops on improving dispute resolution skills of - cadastral officials and Conference 3 1,000 3,000 reconciliation teams in villages (150 people x 1 day) Activity 8 Monitoring and evaluation Integrating Monitoring and evaluation into Mini- of project activities in the component - province by ethnic group, 3 poverty / near-poor / non- poor status and gender, 26 IX, MONITORING AND EVALUATION Provincial project management unit (PPMU) of VILG is responsible for internal monitoring on the EMDP implementation, Monitoring reports will be submitted to the World Bank for review and comments every 6 (six) months, Monitoring and evaluation activities should be conducted twice a year during project implementation to identify issues that may require remedy action from PPMU, Monitoring and evaluation criteria of EMDP implementation are details as below: TABLE 1: M&E CRITERIA ON THE EMDP IMPLEMENTATION Monitoring and evaluation Basic indicators activities • Implementation of free, prior and informed consent with EM people 1, Progress of the EMDP • Implementation of activities proposed in the EMDP • Any delay in implementation, reason and solutions for the delay, • Information disclosure and consultation with Ethnic minority communities, commune authorities, village and hamlet leaders, and local mass organizations; 2, Community consultation • Participation of Ethnic minority communities, and participation of EM representatives of hamlets, hamlets ,,, and local mass people organizations in implementation and monitoring of the EMDP implementation, • Participation of EM women and vulnerable group • Implementation of all measures to mitigate negative 3, Implement potential impacts from the project must be effectively negative mitigation measures implemented, 4, Implementation of specific development interventions for • Assess effectiveness of the implementation of the local ethnic minority action plan, communities • Ethnic minority communities have a clear understanding of the grievance mechanism; resolving 5, Complaints / Grievances their complaints in timely and satisfactorily and culturally appropriate manner, ANNEX 1: PARTICIPANTS IN THE COMMUNITY CONSULTATION No, Name Position/Organization Male Female 27 I, Yen The District Dong Son Commune 1 Nguyen Ngoc Kha Head of Ao Can village x Party cell secretary of Ao Can 2 Nguyen Van Vy x village 3 Luong Xuan Hoat Deputy village of Ao Can Head of Union of Farmers in Ao 4 Ngo Van Chien x Can village 5 Truong Van Thuan Head of Ho Dich village x 6 Luong Thi Phuong Party cell secretary of Ho Dich x 7 Nguyen Thi Vinh Deputy village of Ho Dich x Head of Union of Farmers in Ho 8 Hoang Van Dinh x Dich village 9 Dang Van Vuong Head of Vi Sơn village x 10 Luu Van Quyen Party cell secretary of Vi Sơn x 11 Le Van Cuong Deputy village of Vi Sơn x Canh Nau Commune 1 Ha Van Den Dong Ca village x 2 Ly Van Quang Con Trang village x 3 Hoang Ngoc Ho Ao Tuan village x 4 Ha Van Dong Doc Do village x 5 Hua Van Pet Lo Than village x 6 Luu Van Lam Co Day village x 7 Trieu Hong Hai Head of Khuon Dong village x 8 Nong Van Dung Head of Chay village x 9 Hoang Van Thai Head of Trai Song village x 10 Nong Minh Son Ban Đinh village x Total 18 02 II, Luc Nam District Tam Di Commune 1 Nong Sy Toan Ho De Village x 2 Nong Sy Tung Ho De Village x 3 Lenh Van Duong Ho De Village x 4 To Van Thanh Ho De Village x 5 To Van Duc Ho De Village x 6 To Van Do Ho De Village x 7 To Van Thuong Ho De Village x 28 8 To Van Thai Ho De Village x 9 Nong Van Dai Phu Yen 3 Village x 10 Nong Sy Hoa Phu Yen 3 Village x Total 10 III, Lang Giang District Huong Son Commune 1 Nong Van Tua Party cell secretary of Đon 20 x 2 Tran Van Tu Head of Dong U village x 3 Trieu Van Doan Head of Phu Loi village x 4 Nong Van Doy Đon 20 village x 5 Lai Van Long Tien Son village x 6 Tran Van Nguyet Dong U village x Union secretary of the Phu Loi 7 Trieu Dinh Tin village x 8 Nong Viet Son Don 20 village x 9 Nong Thi Tham Heo A village x 10 Nong Dinh Mai Đon 19 village x Total 09 01 ANNEX 2: PARTICIPANTS IN THE MANAGEMENT / ECONOMIC ORGANIZATIONS IN GROUP DISCUSSIONS No Name Title / Unit Male Female Minh Phat Contruction One 1 Enterprise 1 Member Co,, Ltd 2 Minh Hung Investment JSC Enterprise 1 3 An Huy Real Estate JSC Enterprise 1 Tien Hung Tuylen Brick Co,, Enterprise 4 1 Ltd 5 Gwin JSC, Enterprise 1 6 Pham Vu Dong Branch of LRO Lang Giang District 1 7 Dang Thai Son Branch of LRO Yen The District 1 8 Nguyen Quang Huy Branch of LRO Tan Yen District 1 9 Nguyen Van Tho Branch of LRO Luc Nam District 1 10 Nguyen Ngoc Tuan Branch of LRO Hiep Hoa District 1 11 Nguyen Tuyet Trinh Branch of LRO Viet Yen District 1 29 12 Ngo Sach Hach Branch of LRO Bac Giang City 1 13 Vu Van Tien Branch of LRO Yen Dung District 1 Total 11 03 30