SFG3445 V2 REV PEOPLE’S COMMITTEE OF BINH DINH PROVINCE BINH DINH PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT ----------------o0oo--------------- RESETTLEMENT ACTION PLAN (Final Draft) VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT (ENDR) Binh Dinh Subproject August, 2017 Tên báo cáo: PEOPLE’S COMMITTEE OF BINH DINH PROVINCE BINH DINH PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELPMENT ----------------o0oo--------------- RESETTLEMENT ACTION PLAN Binh Dinh Subproject VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT (ENDR) REPRESENTATIVE OF CLIENT CONSULTANT FIRM AUGUST, 2017 TABLE OF CONTENTS ABBREVIATIONS ............................................................................................................................. vii GLOSSARY ......................................................................................................................................... ix EXECUTIVE SUMMARY .................................................................................................................. 1 1. DESCRIPTION OF THE PROJECT ........................................................................................ 4 1.1. Background ........................................................................................................................... 4 1.2. Emergency Natural Disaster Reconstruction – Binh Dinh Subproject ........................... 4 2. OBJECTIVES AND PRINCIPLES OF RESETTLEMENT ACTION PLAN ...................... 9 2.1. Objectives of the RAP .......................................................................................................... 9 2.2. Scope of Resettlement Action Plan (RAP)........................................................................ 10 3. POTENTIAL IMPACTS ........................................................................................................... 13 3.1. Mitigation Measures Of Land Acquisition And Resettlement ....................................... 13 3.1.1. Objectives .................................................................................................................. 13 3.1.2. Measures to Minimize Negative Impacts .................................................................. 13 3.2. Scope of Land Acquisition And Resettlement.................................................................. 14 3.2.1. Overall on Land Acquisition ..................................................................................... 14 3.2.2. Statistics on Land Acquisition and Other Assets....................................................... 19 3.3. Temporary Impacts during the Construction Process .................................................... 27 3.4. Linked projects ................................................................................................................... 27 4. SOCIO-ECONOMIC INFORMATION ................................................................................. 28 4.1. Overview of Binh Dinh province ....................................................................................... 28 4.2. Socio-Economic Profile of Affected Households in the Project Area ............................ 29 4.1.1. Survey Approaches and Methodologies .................................................................... 29 4.1.2. Results of Socio-Economic Survey of Affected Households in the Project Area .......... .................................................................................................................................. 30 4.1.2.1. Survey Scope .............................................................................................................. 30 4.1.2.2. Characteristics of Household Members ...................................................................... 30 4.1.2.3. Education Level .......................................................................................................... 30 4.1.2.4. Occupation of Household Heads ................................................................................ 31 4.1.2.5. Income and Expenditure ............................................................................................. 33 4.1.2.6. Households Ownership of Commodities .................................................................... 35 4.1.2.7. Vulnerable Households............................................................................................... 35 4.1.2.8. Land Use Right Certificates (LURCs) ........................................................................ 36 5. LEGAL FRAMEWORK ........................................................................................................... 37 5.1. Legal Framework of GoV .................................................................................................. 37 5.2. World Bank Policy on Involuntary Resettlement (OP 4.12)........................................... 39 5.3. Comparison between GoV’s and WB’s Policies .............................................................. 39 iii 6. PRINCIPLES AND POLICIES FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT ............................................................................................................................. 40 6.1. General Principles .............................................................................................................. 40 6.2. Entitlements ........................................................................................................................ 41 6.2.1. Compensation Policy for Permanent Impacts........................................................... 41 6.2.1.1. Compensation Policy for Agricultural Land............................................................... 41 6.2.1.2. Compensation for Loss of Land for Non-Agricultural Production And Business...... 42 6.2.1.3. Compensation for Residential Land ........................................................................... 42 6.2.1.4. Compensation for Structures ...................................................................................... 43 6.2.1.5. For Loss of Crops, Trees and Livestock ..................................................................... 44 6.2.1.6. Compensation for Other Assets .................................................................................. 44 6.2.1.7. Compensation for Public Works ................................................................................. 44 6.2.2. Compensation Policy for Temporary Impacts During the Construction .................. 44 6.2.3. Any Other Impacts Identified During Implementation.............................................. 45 6.2.4. Livelihood Restoration Assistances .......................................................................... 45 7. ELIGIBILITY CRITERIA AND ENTITLEMENTS ............................................................. 66 7.1. Affected People (AP) .......................................................................................................... 66 7.2. Identification of Vulnerable Groups Or Households ...................................................... 66 7.3. Eligibility ............................................................................................................................. 67 7.4. New household after the Cut-Off Date ............................................................................. 67 8. RESETTLEMENT..................................................................................................................... 67 9. LIVELIHOOD RESTORATION PROGRAM ....................................................................... 68 9.1. Income Restoration and Assistance Policies .................................................................... 68 9.2. Income Restoration Measures ........................................................................................... 68 9.2.1. Subsistence support ................................................................................................... 68 9.2.2. Vocational training ................................................................................................... 68 9.2.3. Employment services ................................................................................................. 68 9.2.4. Support for Vulnerable Groups................................................................................. 69 9.2.5. Loan support ............................................................................................................. 69 9.3. Cost estimate Income Restoration Measures ................................................................... 71 10. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE.............................. 71 10.1. Objectives of Public Consultation and Information Disclosure ..................................... 71 10.2. The Process of Consultation and Participation ............................................................... 72 10.3. Public Consultation ............................................................................................................ 73 10.3.1. Public Consultation during the Preparation Phase .................................................. 73 10.3.2. Consultation during the Project Implementation ...................................................... 74 10.4. Information Disclosure ...................................................................................................... 76 11. GRIEVANCES AND REDRESS MECHANISM ............................................................... 76 iv 11.1. Responsibility ...................................................................................................................... 76 11.2. Grievance Redress Mechanism ......................................................................................... 77 12. IMPLEMENTATION ARRANGMENETS ........................................................................ 78 12.1. Institutional Framework .................................................................................................... 78 12.2. Responsibilities of Relevant Agencies ............................................................................... 79 12.2.1. Binh Dinh PPC ......................................................................................................... 79 12.2.2. Binh Dinh PMU of Agriculture and Rural Development .......................................... 79 12.2.3. District/City/District People’s Committees .............................................................. 80 12.2.4. Ward/Commune People’s Committees...................................................................... 81 12.2.5. Project Affected Household (AHs) ............................................................................ 81 12.2.6. Independent Monitoring Agency (IMA) .................................................................... 81 13. IMPLEMENTATION PLAN ............................................................................................... 82 13.1. Main Activities .................................................................................................................... 82 13.2. Implementation Schedule .................................................................................................. 82 14. MONITORING AND EVALUATION ................................................................................ 83 14.1. Monitoring .......................................................................................................................... 83 14.2. Internal Monitoring ........................................................................................................... 83 14.3. Independent Monitoring .................................................................................................... 84 15. COST ESTIMATE OF COMPENSATION AND RESETTLEMENT ............................ 86 15.1. Funding Source ................................................................................................................... 86 15.2. Replacement Cost Survey .................................................................................................. 86 15.3. Cost Estimate ...................................................................................................................... 86 ANNEXES ........................................................................................................................................... 88 Annex 1: Replacement Cost Survey ........................................................................................... 88 Annex 2: Project information leaflet .......................................................................................... 88 Annex 3: Some Minutes of Public Consultation Meetings At the Project Area ..................... 88 Annex 4: Socio-economic Survey Questionnaire for Affected Households in the Project Area .............................................................................................................................................. 88 Annex 5: Some Pictures of Consultation Meetings ................................................................... 88 Annex 6: List of Affected Households with Different Types Of Impact ................................. 88 Annex 7: TOR for Independent Monitoring.............................................................................. 88 v LIST OF TABLES Table 1: Proposed Work Items of Binh Dinh Subproject ..........................................................5 Table 2: Works items of Subproject prioritized within the first 18-month phase ....................10 Table 3: Number Of Affected Households by the Subproject’s Items within the First 18- Month Phase .............................................................................................................................15 Table 4: Summary of Impacts Magnitude of the Subproject ...................................................16 Table 5: Summary of Land Acquisition Impacts .....................................................................18 Table 6: Summary of Impacts on Residential Land .................................................................19 Table 7: Summary of Impacts on Agricultural Land ...............................................................20 Table 8: Summary of Impacts on Aquaculture Land ...............................................................21 Table 9: Summary of Impacts on Houses and Structure Works ..............................................22 Table 10: Summary of Affected Volume of Trees and Crops .................................................25 Table 11: Area, population and population density of Binh Dinh province in 2015 ...............28 Table 12: Education Level of Household Heads......................................................................31 Table 13: Occupation of Household Heads by Work Items of Subproject ..............................31 Table 14: Occupation of Household Heads by gender ............................................................32 Table 15: Average Income/Person/Month ...............................................................................33 Table 16: Average Income/Person/Month by gender ..............................................................34 Table 17: Means of Living of Households ...............................................................................35 Table 18: Information on affected Vulnerable Households in the Project Area ......................36 Table 19: Entitlement matrix ...................................................................................................48 Table 20: Income Restoration Program for AHs .....................................................................70 Table 21: Cost estimate for Income Restoration Program for AH...........................................71 Table 22: Implementation Plan ................................................................................................82 Table 23: Cost Estimate of Implementation of RAP for the First 18-Month Work Items under The Subproject .........................................................................................................................87 vi CURRENCY EQUIPVALENT (As of 05/05/2017) Unit – Dong (VND) $1.00 = VND 22,700 ABBREVIATIONS AH(s) Affected Household(s) CP Compensation Plan CPC Commune Peoples’ Committee DMS Detailed Measurement Survey DOLISA Department of Labor, invalid and Social Assistance DP(s) Displaced Person(s) DPC District People’s Committee ENDR Emergency Natural Disaster Reconstruction Project GoV Government of Viet Nam HH(s) Household(s) IDA International Development Bank of the World Bank IMA Independent Monitoring Agency IOL Inventory of Losses LDP Livelihood Improvement Plan LURC Land Use Rights Certificate LFDC Land Fund Development Centre MOLISA Ministry of Labor, Invalids and Social Assistance OP(s) Operational Policies of the World Bank PDO Project Development Objective PIB Project information booklet PC(s) Peoples’ Committee(s) PMU(s) The Project Management Unit(s) vii PPC Provincial People’s Committee RPF Resettlement Policy Framework RAP(s) Resettlement action Plan RCS Replacement Costs Survey ROW Right Of Way SES Socio-Economic Survey WB World Bank US$ US Dollar VND Vietnamese Dong viii GLOSSARY Affected persons (APs) Individuals, organizations or businesses that are directly affected socially and economically by WB-funded projects caused by the involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also. Cut-off-date Is the date when the PPC issues the Notification of Land acquisition for the relevant project (Article 67.1 of Land Law 2013) before implementation of detailed measurement survey. Affected persons and local communities will be informed of the cut-off date for each project’s component, and that anyone moving into the project component areas after that date will not be entitled to compensation and assistance under the Project. Eligibility The criteria to receive benefits under the resettlement program. Entitlements Include compensation and assistance for APs based on the type and extent of damage. Income (livelihood) A set of activities to be provided to the affected people who lost restoration income sources or means of livelihoods to restore their income and living standard, as equal to or better than pre-project level. Inventory of Losses (IOL) Is process of accounting for physical assets and income affected by project. Livelihood A set of economic activities, involving self-employment, and or wage employment by using one’s endowments (both human and material) to generate adequate resources for meeting the requirements of the self and household on a sustainable basis with dignity. Project impact Any consequence immediately related to the taking of a parcel of land or to restrictions in the use of legally designated parks or protected areas. People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood. In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access. Replacement cost The term used to determine the amount sufficient to replace lost assets and cover transaction costs. For losses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and supplies; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Resettlement In accordance with the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12), it covers the involuntary taking of land that results in (i) relocation or loss of shelter, (ii) loss of assets or access to assets; or (iii) loss of income sources or means of ix livelihood, whether or not the affected persons must move to another location. Severely Displaced Person Means DPs who will (i) lose 20% (10% for vulnerable households) or more of their total productive land and assets and/or more of their total income sources due to the Project, (ii) have to relocate. Stakeholders Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project. Vulnerable groups Groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) women headed household (single, widow, disabled husband) with dependents, (ii) disabled (loss of working ability), the elderly alone, (iii) poor people according to the criteria issued by the MOLISA, (iv) the landless, and (v) ethnic minority people. x EXECUTIVE SUMMARY Description of the Project 1. The Government of Vietnam proposed to borrow loan from the World Bank for Vietnam Emergency Natural Disaster Reconstruction Project which is implemented in five provinces of Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan. The Project Development Objective (PDO) is to reconstruct and rehabilitate infrastructure assets in disaster-affected project provinces (85 percent) and strengthen the capacity of the Government to effectively respond to future disaster events (15 percent). The PDO will be achieved by rebuilding key infrastructure assets based on a ‘build back better’ approach emphasizing all stages of infrastructure life cycle including design, construction, and maintenance and strengthening institutional capacities for climate and DRM. The Project consists of three main components: - Component 1: Resilient Reconstruction of Flood Damaged Infrastructure at the Provincial Level - Component 2: Capacity Building for Resilient Reconstruction - Component 3: Project Management Objectives of Resettlement Action Plan 2. With regard to land acquisition, of which 02 RAP will be prepared for Binh Dinh province, of which the first will prepared cover work items to be implemented in the first 18-month phase the later to be prepared for the remaining works items in Binh Dinh province. The report is prepared based on inventory of losses (IOL) in the project area, replacement cost survey, review and check entitlements set-out in approved RPF in the context of actual impacts by the Binh Dinh subproject. This Resettlement Action Plan contains scope of impacts resulting from land acquisition and resettlement, policy principles on entitlements and eligibility for compensation, implementation arrangements; monitoring and evaluation, community’s participation and consultation, grievances and grievance redress mechanism, cost estimate... Scope and Impacts of Land Acquisition 3. The implementation of works items under first 18-month phase in Binh Dinh province will affect 1,098 households, of which 953 households are directly affected by land acquisition and 145 households are indirectly or economically affected by cultivation on land area managed by commune/ward PCs. In addition, this also has negative impacts on public assets such as local roads, irrigation schemes on land area managed by 18 commune/ward PCs and 02 organizations. 4. It is estimated that 191,532 m² of land owned by 953 households, 18 commune/ward PCs and 02 organizations, will be acquired. Of which: residential land area: 20,130 m²; agricultural land area: 107,536 m²; Aquaculture land area: 30,324 m²; Land area managed by organizations: 42 m²; Public land area: 33,500 m² managed by commune/ward PCs include specialized land, river, stream land and transport land. 5. Out of 953 households affected with land and assets on land, there are 07 households affected with houses and have to be relocated, and 72 households are severely affected. Of 72 households, 61 households lose more than 61% of total agricultural land area, 11 household fall into vulnerable households. 6. Also resulted from survey, 270 households fall into vulnerable group and 07 household is affected by loss of business production. Mitigation measures 7. In the process of project designing, Binh Dinh Project Management Unit of Agriculture and Rural Development (PMU) has cooperated closely with the technical design and resettlement consultant firm to avoid or minimize scope of land acquisition. Measures to minimize the negative impacts of the project were carried out by studying the project design plans to not only promote the project investment efficiency but also minimize magnitude of the land acquisition. Simultaneously, 1 the plans to minimize the temporary impacts in the construction phase have been studied and proposed, to avoid and/ or minimize these impacts during the implementation of project. Entitlements 8. The entitlements for affected households of Binh Dinh sub-project will be complied with WB’s policy on involuntary resettlement (OP/BP 4.12) and the laws, regulations of the GoV and the Resettlement Policy Framework (RPF) which has been agreed between the Government of Vietnam and the World Bank. The basic principles applied for the preparation of this Resettlement Action Plan is that “all AHs of the project (APs) will be compensated at replacement cost and assisted with restoration measures to help them improve or at least maintain the living conditions and the capacity to make income before the project”. Livelihood Restoration Program 9. Livelihood restoration program is an important activity of the compensation, assistance and Resettlement Action Plan. In this project, a vocational training and employment services program will be provided by the Employment services Center under the Department of Labor - Invalids and Social Affairs of Binh Dinh Province, contributing to restore AH’s livelihoods and ensure their living standards at least equal to or better than the pre-project level. In addition, if at the AH’s demands, they will also get a loan from the Social Policy Bank of Binh Dinh Province for household economy development with preferential policies and specific instructions and/ or free costs of procedures and related papers. Implementation Arrangements 10. The compensation, assistance and resettlement of the project will be subject to the management and supervision of Binh Dinh PMU and implemented by the District/City Land Fund Development Center (LFDC)/ the District/City Compensation and Resettlement Committee (CRC). During the implementation process, there should have the close coordination between the members of the Compensation and Resettlement Councils. In the implementation process, these organizations should have close coordination with the relevant authorities, the authorities at wards/ commune level and the communities in the project area to ensure that the compensation, assistance and resettlement activities are performed openly, transparently, at time bound and in compliance with the approved RAP. Consultation and Participation 11. The RAP is prepared with the close coordination of the local authorities, representative of local community and affected people. Local authorities at the wards, communes and representatives of the affected households were involved in the consultations through the various forms and channels, including meetings and public consultations, questionnaire-based survey for almost of households in the project area. Information collected during the consultation will serve as a basis for preparing resettlement policy of the project, including compensation plan and income restoration program. Monitoring and Evaluation 12. This RAP will be implemented under the supervision of Binh Dinh PMU of Construction Investment Works for Agriculture and Rural Development. At the same time, the PMU will also recruit an independent monitoring agency/individual for monitoring the implementation of the RAP. 13. Upon completing the project, the independent monitoring agency (IMA) will also evaluate to determine whether the objectives of the resettlement policy have achieved. In case it is found that these objectives are not achieved, the PMU will propose the follow-up measures as the basis for the World Bank to continue the monitoring until WB finds it suitable. Grievances and Redress Mechanism 14. The Project will establish a Grievance Redress Board to support in resolving and monitoring the processes related to grievances, complaints and inquiries because of the project intervention. The mechanism established by the project aims to allow affected houses (AHs) to lodge their complaints and receive the resolutions under the project’s resettlement policy framework (RPF) and the project’s 2 operational guidelines. The Binh Dinh PMU’s officers in charge of resettlement will also work directly with AHs as an official first step of resolving complaints prior to coming up with the Grievance Redress Board. The AHs will be fully informed of the information of grievance redress mechanism via the appropriate measures. Cost Estimate 15. Cost estimate for implementing this RAP is VND 34,654,873,902 (equivalent to US$ 1,526,646 at exchange rate: VND 22,700 = US$ 1). This budget includes costs of compensation/ assistance for land, structures, assets affected by project, the income restoration program, transitional assistance, cost of monitoring and evaluation, cost of implementation management and contingency. Estimated cost for the site clearance will be updated based on the detailed design and the time of land acquisition based on the results of the independent valuation agency). 16. All costs for implementation of compensation, assistance and resettlement, replacement cost survey, resettlement training (if any), and independent monitoring will come from counterpart fund. 3 1. DESCRIPTION OF THE PROJECT 1.1. Background 17. The Government of Vietnam received a loan from the World Bank for Vietnam Emergency Natural Disaster Reconstruction Project including Binh Dinh, Phu Yen, Ninh Thuan, Quang Ngai and Ha Tinh provinces (hereafter called the ENDR1). The Project Development Objective is to reconstruct infrastructure assets in the project areas. The PDO will be achieved by rebuilding key infrastructure assets based on a “build back better” approach emphasizing all stages of infr astructure lifecycle including design, construction and maintenance and strengthening institutional capacities for climate and disaster risk management 18. The project will be completed from 2017 to 2020 with total fund of US $118 million, of which IDA loan is US $ 115 million, including 03 components: 1) Resilient Reconstruction of Flood Damaged Infrastructure; 2) Disaster Recovery Capacity Enhancement; 3) Project Management. 19. The Project Development Objective is to reconstruct infrastructure assets in the project areas. The PDO will be achieved by rebuilding key infrastructure assets based on a “build back better” approach emphasizing all stages of infrastructure lifecycle including design, construction and maintenance and strengthening institutional capacities for climate and disaster risk management. 20. Specific Objectives of the Project include: (i) Repairing, improving and upgrading of production infrastructure (including irrigation works, dykes, river embankments, sea embankments, irrigation canals, domestic water supply, etc.) to restore production, protect lives and property of the local people, reduce risks caused by natural disasters; and (ii) Overcoming damages on traffic infrastructure to facilitate travel, business and production development of the people. 1.2. Emergency Natural Disaster Reconstruction – Binh Dinh Subproject 21. The Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject will be implemented in Binh Dinh province, at locations affected by disaster, in which, the project focuses on rehabilitation of essential infrastructure works to ensure life, restore production and ensure smooth transportation. 22. It is estimated that about 71,900 households (301,980 persons) living the project districts of Binh Dinh province will benefit directly from the reconstruction and rehabilitation of works of the Subproject. Besides, agricultural production organizations in the region will also benefited from the Subproject thanks to improved irrigation works; saving time and cost of travelling in the project area thanks to improved traffic works. 23. According to preliminary estimation, total estimated investment capital of the project is US $ 58.239 million. Of which: - Preferential credit loans (IDA) from the World Bank: US $ 52 million - Counterpart fund of Government of Vietnam: US $ 6.239 million 24. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject consists of 03 components as follow:  Component 1: Resilient Reconstruction of Flood Damaged Infrastructures a. Subcomponent 1.1: Canal, embankment, dyke (estimated cost of USD 23,380,000) This subcomponent will implement rehabilitation and solidification of ditch canals, embankment, dyke along river system of Kon, La Tinh, Can and Ha Thanh. b. Subcomponent 1.2: Irrigation (estimated cost of USD 6.727.000) This subcomponent aims at repairing, upgrading irrigation system seriously damaged by flood. c. Subcomponent 1.3: Transport (estimated cost of USD 15.143.000) 1 Vietnam Emergency Natural Disaster Reconstruction Project (hereafter called ENDR) 4 This Subcomponent will finance for rehabilitation, reconstruction of damaged transport infrastructure works  Component 2: Capacity Building 25. To well manage construction works and improve the effectiveness of disaster prevention activities, the Project will finance a budget from the counterpart fund of the province to carry out some activities including training, capacity building, community communication and initial costs for O & M activities. These activities will support the sustainable operation and management of works in the future. 26. In addition, the World Bank also commits to find a number of non-refundable aids to carry out a number of research, capacity building and training activities to promote the effectiveness of funded works of the Project. The details of this component will be clarified during the preparation phase of feasibility study report.  Component 3: Project Management 27. The objective of this component is to provide support for effective project implementation, including project auditing, monitoring, mid-term and end-term evaluation, supply of equipment and technical assistance to the PMU during the project implementation process and individual consultancy services and PMU operating costs. This component will also provide reports and project management support to other components. It will provide institutional support and capacity building for project management, coordination, review and evaluation of technical, environmental and social safeguards aspects and project evaluation monitoring. This component will provide workshops to enhance the awareness of management officials and community-related to natural disasters. On the other hand, this component will also provide budget support for key project officials, including project managers, construction engineers and specialists in the field of natural disaster risk management, compliance monitoring, finance, bidding and other related fields of the Project. These key staff will be hired under Time and Scheduled Contracts of the Project. Table 1: Proposed Work Items of Binh Dinh Subproject WARDS/ No. NAME OF WORKS DISTRICTS COMMUNES WORKS PRIORITIZED WITHIN THE 18 A FIRST MONTHS I Repairing, upgrading of La Tinh river and Can river dyke systems La Tinh river embankment, section from Vinh 1 Thanh hamlet to Thai Phu hamlet, Cat Tai Cat Tai commune Phu Cat district commune Rehabilitation of Dap Quang up-downstream 2 Cat Tai commune Phu Cat district stone embankment 3 Rehabilitation of Chanh Hung dyke Cat Thanh commune Phu Cat district Repairing of overflow canals downstream 4 Cat Son commune Phu Cat district embankment of Hoi Son lake Downstream dyke of La Tinh river, Phu My My Chanh and My 5 Phu My district district Hiep communes 6 Can river dyke, Phu My district My Chanh commune Phu My district 7 Thu Tinh dyke Cat Minh commune Phu Cat district 5 WARDS/ No. NAME OF WORKS DISTRICTS COMMUNES Rehabilitation of Lach Moi drainage axis 8 My Thanh commune Phu My district erosion, My Thanh commune II Repairing, upgrading of Kon river dyke 1 Thang Cong 2 embankment Nhon Phuc commune Tay Son district Ta Dinh and Xem streams embankment, Vinh 2 Vinh Thuan commune Vinh Thanh district Thuan commune 3 Dai An river dyke, Dai Hao hamlet Cat Nhon commune Phu Cat district 4 Truong Giang dyke, Phuoc Son commune Phuoc Son commune Tuy Phuoc district 5 Queo river dyke, Binh Tan commune Binh Tan commune Tay Son district Kon river dyke, Lai Nghi hamlet, Binh Nghi Binh Nghi and Binh 6 Tay Son district and Binh Hoa communes Hoa communes 7 Kon river embankment, Vinh Thanh town Vinh Thanh town Vinh Thanh district 8 Cut river embankment, Tay Phu commune Tay Phu commune Tay Son district 9 Phu Ngoc embankment, Nhon Phuc commune Nhon Phuc commune Tay Son district 10 Anti-flood dyke of An Nhon town’s center An Nhon town An Nhon district III Repairing, upgrading and new construction of some collapsed bridges Trang bridge (Km 91+670, the provincial 1 Cat Lam commune Phu Cat district road. 639 B) Dich Nghi bridge (Km 17+415, the provincial 2 Cat Son commune Phu Cat district road 634) Suoi Can bridge (Km 1+100, the district 3 Hoai Hao commune Hoai Nhon district road.11) 4 Phu Son bridge ( Km )+600, SH.02) Hoai Hao commune Hoai Nhon district 5 Bu Nu bridge Bok Toi commune Hoai An district IV Repairing, upgrading of some seriously damaged provincial roads Ngo May town, Cat The existing provincial road 635 ( National 1 Trinh, Cat Tuong Phu Cat district Highway 1- National Highway 19B) communes Cat Chanh, My An Phu Cat district Phu The provincial road 639 (Nhon Hoi- Tam 2 communes and Hoai My district, Hoai Nhon Quan) Huong commune district The provincial road 639 B (Chuong My- Phu Cat district- Phu 3 Nhon Tan My 6 WARDS/ No. NAME OF WORKS DISTRICTS COMMUNES B REMAINING WORKS I Repairing, upgrading of Ha Thanh river dyke Luat Le dyke Dieu Tri and Tuy 1 Tuy Phuoc district Phuoc town Ha Thanh river embankment, Phuoc My 2 Phuoc My commune Tuy Phuoc district commune. Ha Thanh river embankment, Van Canh Canh Vinh and Canh 3 Van Canh district district. Hien communes II Repairing, upgrading of Lai Giang river dyke 1 Repairing of An Lao river dyke An Lao district 2 Kim Son river embankment Hoai Duc commune Hoai Nhon district Embankment of Phu Huu hamlet An Tuong Tay 3 Hoai An district commune 4 Embankment of Phu An hamlet Hoai Huong commune Hoai Nhon district Embankment of Kim Son river, Nhan Son An Nghia and Bok Toi 5 section, An Nghia commune and Tem stream Hoai Nhon district communes section, Bok Toi commune 6 Quan Dua stream embankment Hoai Son commune Hoai Nhon district III Repairing, upgrading of irrigation system Rehabilitation and expanding of Van Phong – Binh Tan, Bnh Thuan Thuan Ninh irrigation canal system communes ( Tay Son), Tay Son, Phu Cat 1 Cat Hiep commune districts ( Phu Cat) Repairing N main – box canal section – Cay Myy Hiep and My Tai 2 Phu My district Gai system communes Solidification of Quy Nhon water supply canal Phuoc Loc, Phuoc An – Thanh Hoa system communes, Diêu Tri town (Tuy Phuoc) and Quy Nhon city and 3 Nhon Binh, Nhon Phu, Tuy Phuoc district Tran Quang Dieu wards (Quy Nhon city) Repairing of drainage axis along Dong dyke An Nhon, Phu Cat and 4 Tuy Phuoc districts IV Repairing, upgrading of weirs Newly build Nha Phu weir, reinforcement of Phuoc Hoa commune Tuy Phuoc district landslide of 02 up-downstream bank 7 WARDS/ No. NAME OF WORKS DISTRICTS COMMUNES 1 Repairing, upgrading of Binh Thanh dam 2 Nhon My commune An Nhon district combined with rural transport Repairing, reinforcement of landslide of downstream bank, 02 shoulders of dam and Tuy Phuoc district and 3 increasing flood drainage capacity of Thanh Quy Nhon city Hoa I weir. Bo Can dam Cat Minh and My Cat 4 Phu My district communes Repairing, reinforcement of landslide of 5 downstream bank, 02 shoulders of Lai Giang Hoai Nhon dam Repairing, reinforcement of landslide of 6 downstream bank, 02 shoulders of Cay Gai Cat Lam commune Phu Cat dam V Repairing, upgrading and new construction of some collapsed and degraded bridges 1 Trang bridge Phuoc Thuan commune Tuy Phuoc district An My bridge (Km45+500, the provincial 2 road.639): An Xuyen bridge (Km46+020, the provincial 3 My Chanh commune Phu My district road.639) Xeo bridge (Km20+543, the provincial An Tuong Tay 4 Hoai An district road.630) commune VI Repairing, upgrading of some seriously damaged provincial roads The provincial road 629 (Bong Son – An Lao) Hoai An and An Lao 1 districts The provincial road.640 (Ong Do – Tuy 2 Tuy Phuoc Phuoc) 3 The provincial road.636B (Go Boi – Lai Nghi) Repairing of Hung Vuong road (Doi bridge – 4 Phu Tai cross road): Repairing of axis road at Nhon Hoy economic 5 zone: VII Repairing, upgrading of some seriously damaged district, inter-commune roads Upgrading, expanding of the provincial road An My, An Tin and An 1 Hoai An district 629 to An Son commune center, Hoai An Thanh communes 8 WARDS/ No. NAME OF WORKS DISTRICTS COMMUNES district Western road of district from Thinh Van 1 Canh Hiep commune 2 Van Canh district hamlet to Suoi Da village and Van Canh town Repairing, upgrading of Kim Son – Bok Toi An Nghia, BokToi 3 Hoai An district road communes Upgrading of the district road 42 Tuy Phuoc town, Phuoc 4 Quang & Phuoc Hiep Tuy Phuoc district communes. Road from Dinh Binh focal dam to Vinh Son Vinh Kim, Vinh Son 5 Vinh Thanh district commune PC communes 6 Hamlet road 1-3, An Nghia commune An Nghia commune An Lao district Road from Binh Tan commune center to M6 7 Binh Tan commune Tay Son district village O5 – Kon Tru road, Vinh Kim commune Vinh Kim, Vinh Son 8 Vinh Thanh district communes 9 Bong Son – Hoai Hai road 2. OBJECTIVES AND PRINCIPLES OF RESETTLEMENT ACTION PLAN 2.1. Objectives of the RAP 28. Decree No.16/2016/ND-CP dated 16 March 2016 of the Government on management and use of Official Development Assistance (ODA) and concessional loans from foreign donors stating one basic principles of ODA management and use is that “Comply with the applicable regulations and international treaty on ODA of which Vietnam is a member. In case of any differences between GoV’s regulations and provisions of the international treaty, the provisions of the international treaty will prevail”. The Land Law No. 45/2013/QH13, Clause 2, Article 87 states that: “For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, assistance and resettlement, the resettlement policy framework will prevail”. 29. Basic objective: The preparation of RAP was based on the Resettlement Policy Framework (RPF) which was approved by the Prime Minister and cleared by the WB before the time of Agreement negotiation to ensure harmony between the World Bank’s OP/BP 4.12 and the Vietnam's laws and regulations on compensation, assistance and resettlement. Basic objectives of RAP: (i) Involuntary resettlement should be avoided where feasible or minimized by all viable alternative technical designs; (ii) Wherever involuntary resettlement is unavoidable, resettlement activities should be conceived of and executed as sustainable development programs, providing sufficient investment sources to enable affected persons to share project’s benefits; Directly or indirectly affected persons must be consulted and participated in the process of planning and implementing resettlement programs; 9 (iii) Affected Persons should be assisted in efforts to improve their livelihoods and living standards or at least to restore them, in real terms, to pre-project levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 30. All projects affected houses (AHs) who have assets within or reside within the project area before the cut-off date are entitled to compensation for their losses. Those who have lost their income and/or livelihoods will be eligible for livelihood rehabilitation assistance based on the criteria of eligibility defined by the project in consultation with the AHs. If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures will be provided. 31. This RAP will give guidelines for implementing activities related to compensation and land acquisition during the implementation of items that involved in land acquisition, compensation and resettlement regardless of financial sources. 2.2. Scope of Resettlement Action Plan (RAP) 32. Within four components, the Component 1: Resilient Reconstruction of Flood Damaged Infrastructures, consisting of rehabilitation of 65 flood prevention, irrigation and transport related items under 09 construction packages will required taking of land. In which, 04 packages including 26 work items will be prioritized to implement in the first 18-month period. Hence, this Resettlement Action Plan is prepared for the 26 works items under 04 packages in the first 18-month period, which is summarized as following table: Table 2: Works items of Subproject prioritized within the first 18-month phase WARDS/ No. NAME OF WORKS DISTRICTS SCOPE COMMUNES I Repairing, upgrading of La Tinh river and Can river dyke systems Right bank embankment of La Tinh La Tinh river river, starting point is at Dinh Hong embankment, section Cat Tai Phu Cat stream cross road, ending point is 1 from Vinh Thanh hamlet commune district connected with Thai Phu pump to Thai Phu hamlet, Cat station, Thai Phu hamlet with length Tai commune if 2,510m. Reinforcement of Dap Quang up- Rehabilitation of Dap Cat Tai Phu Cat downstream stone embankment, Cat 2 Quang up-downstream commune district Thanh commune, including 02 stone embankment sections with total length of 810.0m. Backfilling hill earth with compaction of K95, protection of river dyke roof is to stabilize Rehabilitation of Chanh Cat Thanh Phu Cat 3 production of 70ha of farming land Hung dyke commune district and lives of 500 households in Chanh Thanh and Thang Hung hamlets, Cat Thanh commune. Backfilling sections of broken dykes Repairing of overflow by flood on 15/12/2016 and canals downstream Cat Son Phu Cat 4 reinforcement of weak locations. embankment of Hoi Son commune district Total length of embankment is lake 1,053,00m. Downstream dyke of La My Chanh and Phu My Reinforcement of 02 dykes with total 5 Tinh river, Phu My My Hiep district length of 2,234m. 10 WARDS/ No. NAME OF WORKS DISTRICTS SCOPE COMMUNES district communes Rebuild totally-eroded dyke sections Can river dyke, Phu My on Can river in Luong Thai hamlet district My Chanh Phu My 6 with length of 90m and broken dykes commune district sections by flood on Can river at An Luong hamlet with length of 65.5m. Thu Tinh dyke is built on Duc Pho river, reinforcement of 02 right and left banks, starting point is built from Cat Minh Phu Cat 7 Thu Tinh dyke Ben Do bridge at upstream towards commune district the provincial bridge 639 towards downstream. Total length of dyke is 1,414m. Rehabilitation of Lach Upgrading of 1.1 km of river bank in Moi drainage axis My Thanh Phu My My Thanh commune by leveling up 8 erosion, My Thanh commune district and expanding bank surface of 4m commune combined with infield transport. II Repairing, upgrading of Kon river dyke Backfilling earth to raise dyke Thang Cong 2 Nhon Phuc Tay Son surface is to ensure flood prevention 1 embankment commune district for main crops with length of 291.88m. Roof embankment reinforces to erosion prevention of Ta Dinh stream bank, upstream and downstream Ta Dinh and Xem Vinh Thuan Vinh Thanh sections of Ta Dinh bridge, 2 streams embankment, commune district expanding 01 span with L=7.0m of Vinh Thuan commune Ta Dinh bridge to increase flood drainage capacity. Total length is 1,200.3m. Stopping a breach of broken dyke sections, repairing of damaged Xoi Dau spillway by 2016 flood; Dai An river dyke, Dai Cat Nhon Phu Cat repairing and upgrading of right bank 3 Hao hamlet commune district dyke of Dai An river, section from Vung Thi bridge to Xoi Dau spillway. Length of dyke is 1,477.0m. Repairing of existing dyke sections from Truong Giang spillway to eroded Bo Bo culvert, repairing of Truong Giang dyke, Phuoc Son Tuy Phuoc 4 Tran Giang spillway damaged by Phuoc Son commune commune district 2016 flood to ensure safety for works, anti-erosion for river bank. Length of dyke is 467.33m. 5 Queo river dyke, Binh Binh Tan Tay Son Repairing of eroded dyke sections in 11 WARDS/ No. NAME OF WORKS DISTRICTS SCOPE COMMUNES Tan commune commune district 2016 flood, ensures stabilization of Queo river dyke of Van Phong main canal and BIS Van Phong canal. Length of dyke is 813m. The dykes aims at anti-erosion of right bank of Kon river, Vinh Loc Kon river dyke, Lai Nghi Binh Nghi and Hamlet combined with current Tay Son 6 hamlet, Binh Nghi and Binh Hoa reinforced Queo river dyke to create district Binh Hoa communes communes closed reinforcement layer for bank and spillway section erosion prevention (L=3,321.00m). Reinforcement for protection of Kon river embankment, Vinh Thanh Vinh Thanh 1,934.25m bank roof of Kon river for 7 Vinh Thanh town town district anti-erosion combined with traffic roads on embankment surface. The dyke aims at limiting river bank landslide, protecting production land, Cut river embankment, Tay Phu Tay Son ensuring safety of lives and property 8 Tay Phu commune commune district of Tay Phu commune. Combined with rural traffic roads and rescue roads in flood season. Construction of embankment to Phu Ngoc embankment, Nhon Phuc Tay Son 9 protect residential site with length of Nhon Phuc commune commune district 1,202m. Anti-flood dyke of An An Nhon Construction of embankment to 10 An Nhon town Nhon town’s center district protect residential site III Repairing, upgrading and new construction of some collapsed bridges L=2x12m, B=5m, after 2016 flood, Trang bridge (Km Cat Lam Phu Cat middle pillar gets heavy subsidence, 1 91+670, the provincial commune district cannot continue for circulation and road. 639 B) not ensure pressure capacity. Dich Nghi bridge (Km Cat Son Phu Cat L=18m, B=6.5m, bridge is totally 2 17+415, the provincial commune district collapsed after 2016 flood road 634) Suoi Can bridge (Km L=9m, B=6.5m, 1 abutment of bridge Hoai Hao Hoai Nhon 3 1+100, the district is washed away, bridge beam is commune district road.11) damaged. Phu Son bridge Slab bridge L=2x6m, B=5m has one Hoai Hao Hoai Nhon 4 ( Km )+600, route abutment collapsed, bridge surface is commune district SH.02) damaged Spillway bridge L= 2x12 m, B= 3.5 Bok Toi Hoai An 5 Bu Nu bridge m, bridge is totally collapsed after commune district 2016 flood. 12 WARDS/ No. NAME OF WORKS DISTRICTS SCOPE COMMUNES IV Repairing, upgrading of some seriously damaged provincial roads The existing provincial Ngo May town, Improving, rehabilitation of damaged road 635 ( National Cat Trinh, Cat Phu Cat 1 road surface (peeled off with many Highway 1- National Tuong district chuck holes) Highway 19B) communes Phu Cat Cat Chanh, My district Phu Upgrading of the road due to eroded The provincial road 639 An communes 2 My district, sidewalk, pavement exists many (Nhon Hoi- Tam Quan) and Hoai Huong Hoai Nhon horizontal and narrow gaps. commune district The provincial road 639 Phu Cat Upgrading of the road due to 3 B (Chuong My- Nhon district- Phu annually flooded roads causing Tan) My damaged talus slope. 3. POTENTIAL IMPACTS 3.1. Mitigation Measures Of Land Acquisition And Resettlement 3.1.1. Objectives 33. The first principle in the WB's OP4.12 requirement is to avoid or minimize impacts of land acquisition and resettlement. Wherever involuntary resettlement is unavoidable, adequate compensation for affected households should be applied. 3.1.2. Measures to Minimize Negative Impacts 34. During the project design process, the Project Management Unit of Binh Dinh Provincial Agriculture and Rural Development (PMU) has worked closely with the project preparation consultant and resettlement specialists to avoid or minimize magnitude of land acquisition and to ensure that the scope of resettlement impact is mitigated in all work items or packages in Binh Dinh province. 35. In detail, to mitigate the project impacts of land acquisition and resettlement, to both physically or directly affected households and economically or indirectly affected households, mitigation measures have been implemented as follows: (i) The Binh Dinh PMU has coordinated with the technical design consulting firms of the project to carry out survey and study on the position and scope of each works item in order to propose the best design options with the aim of minimizing level of land acquisition impacts on households. Technical options for reducing design scales, width of embankments, route alignments or intersections have been analyzed and selected. Accordingly, works items on roads and bridges will be mainly re-built or rehabilitated based on the existing ones. For embankment routes, the best design options have been selected to minimize the impacts that acquired land will be mainly public uses, i.e transport, irrigation and agricultural land. (ii) During the process of project preparation and the RAP preparation as well, many public consultations have been organized by the Binh Dinh PMU and the resettlement consultant firm in the project area to publicize (i) information on the project and (ii) expected impacts, as well as land acquisition and compensation and resettlement measures, etc. This will enable households to get information about and be aware of the location and benefits of the project as well as expected impacts. From there, it is possible to minimize impacts, in the way of participatory approach. 13 (iii) In the consultations, many issues were raised and discussed: the project assistance and compensation policies, income restoration programs for severely affected households in order to provide corrective measures. All local people are very supportive of the project and expect the project to be implemented soon. (iv) To minimize the impacts on households living on both sides of the road during the construction/rehabilitation phase, resettlement consultants firm consulted with the local authorities and the households living along the roads to propose appropriate mitigation measures to each locality. Accordingly, a number of mitigation measures during the construction process will be applied, e.g carrying out the rolling construction, finishing the construction of each section. (v) As agreed during consultation, construction time will be publicly announced according to regulations to local authorities and affected households so that AHs can arrange suitable farming plans. (vi) 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. To minimize temporary impacts during the construction process as well as when the project puts into operation. 36. Despite application of many mitigation measures as described above, the impacts of land acquisition and site clearance on the project's construction works is inevitable. The scope and impact magnitude of the project in Binh Dinh province are shown in section 3.2 below. 3.2. Scope of Land Acquisition And Resettlement 3.2.1. Overall on Land Acquisition 37. A survey, including inventory of losses, observations … was carried out for the affected people under work items or packages prioritized during the first 18-month phase with the purpose of determining the loss of land and fixed assets such as works, trees, livelihoods and access to community resources due to land acquisition for the project implementation. Out of 04 prioritized items in the first 18 months, 02 items including repairing, upgrading of La Tinh and Can river dyke and repairing, and upgrading of Kon river dyke require taking of land; but. 02 remaining items including upgrading/improving of 05 bridges and 03 provincial roads do not require land acquisition because construction is implemented or re-built on existing works bases. 38. Results of the survey show that the implementation of the subproject works items in the first 18- month phase will affect 1,098 households, of which 953 households are directly affected by physically taking of land and 145 households are indirectly affected by economically losses of cultivations (tree, crop on the land area managed by Commune People's Committee). In addition, the project implementation also affects the road and irrigation land of the 18 commune/ward PCs and 2 organizations (Water pumping station of Cat Minh and Binh Nghi communes). 14 Table 3: Number Of Affected Households by the Subproject’s Items within the First 18-Month Phase Number of affected households Number of affected househol No. of Residen No. of ds affected No. Name of works Residen tial and Agricul Aquacu affected (Cultivati organizat tial Agricul tural lture agencies on on ions land tural land land land area lad managed by CP) Repairing, upgrading of La I Tinh river and Can river 88 35 324 125 22 8 1 dyke systems La Tinh river embankment, section from Vinh Thanh 1 45 1 hamlet to Thai Phu hamlet, Cat - - - - - Tai commune Rehabilitation of Dap Quang 2 up-downstream stone 14 1 - - - - - embankment, Cat Tai commune Rehabilitation of Chanh Hung 3 22 1 dyke - - - - - Repairing of overflow canals 4 downstream embankment of 65 1 - - - - - Hoi Son lake Downstream dyke of La Tinh 5 30 125 1 river, Phu My district - - 6 Can river dyke, Phu My district 35 - 1 - 7 Thu Tinh dyke 40 75 - 1 1 Rehabilitation of Lach Moi 8 drainage axis erosion, My 18 125 - 1 - Thanh commune Repairing, upgrading of Kon II 70 51 260 0 123 10 1 river dyke 1 Thang Cong 2 embankment - - 12 - - 1 - Ta Dinh and Xem streams 2 embankment, Vinh Thuan 150 1 - - - - - commune Dai An river dyke, Dai Hao 3 16 1 hamlet - - - - - Truong Giang dyke, Phuoc Son 4 13 70 1 commune - - - - 15 Number of affected households Number of affected househol No. of Residen No. of ds affected No. Name of works Residen tial and Agricul Aquacu affected (Cultivati organizat tial Agricul tural lture agencies on on ions land tural land land land area lad managed by CP) Queo river dyke, Binh Tan 5 38 12 1 commune - - - - Kon river dyke, Lai Nghi 6 hamlet, Binh Nghi and Binh 6 123 1 1 - - - Hoa communes Kon river embankment, Vinh 7 18 1 Thanh town - - - - - Cut river embankment, Tay 8 19 1 Phu commune - - - - - Phu Ngoc embankment, Nhon 9 22 1 Phuc commune - - - - - Anti-flood dyke of An Nhon 10 5 1 town’s center - - - - - TOTAL 158 86 584 125 145 18 2 Source: IOL Survey, March/2017 39. Many AHs will lose more than one type of assets/ structures such as residential land, annual and perennial agricultural land, structures, trees and crops. Out of total 244 AHs affected by loss of residential land, 07 households are affected totally with houses and need to be relocated. The survey results show that out of 1,098 affected households, there are 150 ethnic minority Ba Na households in Vinh Thuan communes of Tay Son district affected by the project implementation. Number of affected households and organizations are summarized in detailed in the Table as follow: Table 4: Summary of Impacts Magnitude of the Subproject Affected Contents Unit volume Total number of affected households HHs 1,098 Household members People 4,614 1. Number of households affected by land acquisition HHs 953 + Households are affected with residential land HHs 158 + Households are affected with residential and agricultural land HHs 86 + Households are affected with agricultural land HHs 584 + Households are affected with aquaculture land HHs 125 16 Affected Contents Unit volume 2. Number of affected agencies, organizations - Communes/wards People’s Committee 18 - Organization, public works 2 3. Number of households are affected with house and structures HHs 51 + Partially HHs 44 + Totally HHs 7 4. Number of households are affected with trees and crops HHs 973 - No. of directly AHs by land acquisition HHs 828 - No. of indirectly AHs by land acquisition (Cultivation on land area HHs 145 managed by CP) 5. Number of households have to relocate HHs 7 6. Number of vulnerable households HHs 270 + Ethnic minority households HHs 150 + Poor households (including poor households are ethnic minority people) HHs 97 + Policy households HHs 5 + Elderly households HHs 1 + Households with woman-headed with independents HHs 17 7. Households are affected 20% or more of total agricultural land area (Vulnerable households affected 10% or more of total agricultural land HHs 72 area) + Households are affected 20% or more of total agri-land area 61 +Vulnerable households affected 10% or more of total agri-land area 11 8. Number of households are affected by loss of business HHs 7 Source: IOL Survey, March 2017) 2 40. The project will affect 191,532 m of land area owned by 953 households, managed by 18 commune/ward PCs and 02 organizations. Of which: - Affected residential land area: 20,130 m2 - Affected agricultural land area: 107,536 m2 - Affected aquaculture land area: 30,324 m2 - Land area managed by organization (Water pumping station of Cat Minh and Binh Nghi communes): 42 m2 17 - Public land area: 33,500 m2 managed by commune/ward PCs, including specialized land, stream, river land, transport land and so on. Table 5: Summary of Land Acquisition Impacts Reside Agricul Aquac Organi Public N ntial tural ulture zations Name of works land Total o land land land land (m2) (m2) (m2) (m2) (m2) Repairing, upgrading of La Tinh river and Can I 13,489 60,710 30,324 20 12,710 117,253 river dyke systems La Tinh river embankment, section from Vinh 1 - - - 2,157 7,207 Thanh hamlet to Thai Phu hamlet, Cat Tai commune 5,050 Rehabilitation of Dap Quang up-downstream stone 2 - - - 500 2,600 embankment, Cat Tai commune 2,100 3 Rehabilitation of Chanh Hung dyke - - - - 4,500 4,500 Repairing of overflow canals downstream 4 - 5,100 - - 1,000 6,100 embankment of Hoi Son lake 5 Downstream dyke of La Tinh river, Phu My district 8,401 - 30,324 - 882 39,607 6 Can river dyke, Phu My district 718 5,420 - - 1,876 8,014 7 Thu Tinh dyke 2,620 17,640 - 20 745 21,025 Rehabilitation of Lach Moi drainage axis erosion, 8 1,750 25,400 - - 1,050 28,200 My Thanh commune II Repairing, upgrading of Kon river dyke 6,641 46,826 - 22 20,790 74,279 1 Thang Cong 2 embankment - 6,144 - - 1,210 7,354 Ta Dinh and Xem streams embankment, Vinh 2 - 9,660 - - 750 10,410 Thuan commune 3 Dai An river dyke, Dai Hao hamlet - 2,522 - - 2,200 4,722 4 Truong Giang dyke, Phuoc Son commune 567 25,520 - - 840 26,927 5 Queo river dyke, Binh Tan commune 3,688 2,980 - - 650 7,318 Kon river dyke, Lai Nghi hamlet, Binh Nghi and 6 450 - - 22 12,700 13,172 Binh Hoa communes 7 Kon river embankment, Vinh Thanh town 531 - - - 650 1,181 8 Cut river embankment, Tay Phu commune 418 - - - 740 1,158 9 Phu Ngoc embankment, Nhon Phuc commune 924 - - - 500 1,424 10 Anti-flood dyke of An Nhon town’s center 63 - - - 550 613 TOTAL 20,130 107,536 30,324 42 33,500 191,532 Source: IOL Survey, March/2017 18 41. As survey result, all affected households as above mentioned are entitled to receive compensation, assistance and resettlement (if any) for land and other affected assets in compliance with approved RPF, details are shown in Section 6 of the report. 3.2.2. Statistics on Land Acquisition and Other Assets 3.2.2.1. Impact of Residential Land Acquisition 42. It is estimated that 244 households with 20,130 m2 residential land and fixed assets, in which, 07 households are totally affected with residential land and structures works, 237 households are partially affected with residential land and other structures. Magnitude of impacts magnitude on residential land for each item of the Subproject is presented as follow: Table 6: Summary of Impacts on Residential Land No. of AHs Area of Project affected No. Name of works Communes residential Partially Totally Total land (m2) Repairing, upgrading of La Tinh I 118 5 123 13,489 river and Can river dyke systems My Chanh and Downstream dyke of La Tinh river, 1 My Hiep 28 2 30 8,401 Phu My district communes My Chanh 2 Can river dyke, Phu My district 35 - 35 718 commune Cat Minh 3 Thu Tinh dyke 37 3 40 2,620 commune Rehabilitation of Lach Moi drainage My Thanh 4 18 - 18 1,750 axis erosion, My Thanh commune commune Repairing, upgrading of Kon river II 119 2 121 6,641 dyke Truong Giang dyke, Phuoc Son Phuoc Son 1 13 - 13 567 commune commune Queo river dyke, Binh Tan Binh Tan 2 38 - 38 3,688 commune commune Binh Nghi and Kon river dyke, Lai Nghi hamlet, 3 Binh Hoa 4 2 6 450 Binh Nghi and Binh Hoa communes communes Kon river embankment, Vinh Thanh Vinh Thanh 4 18 - 18 531 town town Cut river embankment, Tay Phu Tay Phu 5 19 - 19 418 commune commune Phu Ngoc embankment, Nhon Phuc Nhon Phuc 6 22 - 22 924 commune commune 19 No. of AHs Area of Project affected No. Name of works Communes residential Partially Totally Total land (m2) Anti-flood dyke of An Nhon town’s 7 5 - 5 63 center An Nhon town TOTAL 237 7 244 20,130 (Source: IOL Survey, March 2017) 3.2.2.2. Impacts on Agricultural Land 43. Agricultural land owned by 670 households will be affected area of 107,536 m2. The affected agricultural land area is mainly land for rice; perennial and annual trees. Out of total 670 households affected by loss of agricultural land, 72 households are severely affected (of which, 61 households lost 20% or more of total land holding and 11 vulnerable households lost 10% or more their total land holding, these are ethnic minority households), 598 remaining households are marginally affected. Table 7: Summary of Impacts on Agricultural Land No. of AHs Less than Total No. Items Location 20% or more agricultural land 20% or 10% or 10% for area (m2) for vulnerable vulnerable households households Repairing, upgrading of La Tinh river and Can river I dyke systems 340 19 60,710 La Tinh river embankment, section 1 from Vinh Thanh hamlet to Thai Cat Tai 39 6 5,050 Phu hamlet, Cat Tai commune Rehabilitation of Dap Quang up- 2 Cat Tai downstream stone embankment 14 - 2,100 Repairing of overflow canals 3 downstream embankment of Hoi Cat Son 63 2 5,100 Son lake My Chanh 4 Can river dyke, Phu My district - commune 35 5,420 5 Thu Tinh dyke Cat Minh 75 17,640 Rehabilitation of Lach Moi drainage My Thanh 6 axis erosion, My Thanh commune commune 114 11 25,400 II Repairing, upgrading of Kon river dyke 258 53 46,826 Nhon Phuoc 1 Thang Cong 2 embankment commune 12 - 6,144 Ta Dinh and Xem streams Vinh Thuan 2 embankment, Vinh Thuan commune commune 112 38 9,660 20 No. of AHs Less than Total No. Items Location 20% or more agricultural land 20% or 10% or 10% for area (m2) for vulnerable vulnerable households households Cat Nhon 3 Dai An river dyke, Dai Hao hamlet commune 14 2 2,522 Truong Giang dyke, Phuoc Son Phuoc Son 4 commune commune 70 13 25,520 Queo river dyke, Binh Tan Binh Tan 5 commune commune 50 - 2,980 Total 107,536 598 72 (Source: IOL Survey, March 2017) 3.2.2.3. Impacts On Aquaculture Land 44. Out of 8 works items only La Tinh river item affects aquaculture land owned by 125 household. Total affected aquaculture land area is 30,324 m2. Table 8: Summary of Impacts on Aquaculture Land Project No. of AHs Affected No. Name of works (households) area (m2) communes Repairing, upgrading of La Tinh river I and Can river dyke systems 1 La Linh river downstream dyke, Phu My My Chanh and My 125 30,324 district Hiep communes Source: IOL Survey, March 2017) 3.2.2.4. Impacts on Houses and Structure Works 45. In the design phase, optimal design solutions have been selected to avoid and mitigate impacts from land acquisition on households. However, land acquisition and site clearance impacts are unavoidable, especially residential households which are requisitioned for construction, upgrading and rehabilitation of embankments, dykes of La Tinh, Can and Kon rivers. Through survey, 51 households are affected with structures, in which 07 households are totally affected with houses (01 household with one-floor permanent house and 06 remaining households are 4-grade houses. According to regulations, the compensation unit price for affected structures will be based on the replacement cost which cover the fees for reparation of households of these AHs. Table bellowed summarizes types of secondary structures affected by the project: 21 Table 9: Summary of Impacts on Houses and Structure Works No. of AHs (households) Affected Structures Semi- T Perma Tempo Name of works Commune perma Fencin T nent rary Kitche Shed( Yard Partially Totally Total nent g wall house houses n (m2) m2) (m2) house( (m2) (m2) (m2) m2) Repairing, upgrading of La I Tinh river and Can river dyke 17 5 22 - 230 33 81 116 14 61 systems Downstream dyke of La Tinh My Chanh and My 1 11 2 13 - 128 16 34 48 - 17 river, Phu My district Hiep communes Cat Minh 2 Thu Tinh dyke 6 3 9 - 102 17 47 68 14 44 commune Repairing, upgrading of Kon II 27 2 29 44 25 99 94 371 61 156 river dyke Dai An river dyke, Dai Hao Cat Nhon 1 3 - 3 - - - - 67 - 12 hamlet commune Kon river dyke, Lai Nghi hamlet, Binh Nghi and 2 Binh Nghi and Binh Hoa Binh Hoa - 2 2 44 25 18 16 18 23 47 communes communes Kon river embankment, Vinh 3 Vinh Thanh town 7 - 7 - - 21 - 70 38 - Thanh town Cut river embankment, Tay Phu 4 Tay Phu commune 6 - 6 - - - 23 69 - 66 commune 5 Phu Ngoc embankment, Nhon Nhon Phuc 9 - 9 - - 13 55 67 - 31 22 No. of AHs (households) Affected Structures Semi- T Perma Tempo Name of works Commune perma Fencin T nent rary Kitche Shed( Yard Partially Totally Total nent g wall house houses n (m2) m2) (m2) house( (m2) (m2) (m2) m2) Phuc commune commune Anti-flood dyke of An Nhon 6 An Nhon town 2 - 2 - - 47 - 80 - - town’s center TOTAL 44 7 51 44 255 132 175 487 75 217 (Source: IOL Survey, March 2017) 23 3.2.2.5. Impacts on Trees and Crops 46. According to the preliminary inventory results, the project will affect trees, crops owned by 973 households. Of which, 828 households are directly affected with trees and crops by physical land acquisition and 145 households are indirectly affected with trees and crops by cultivation on land area managed by communes/wards PC (non-land assets). Total 228 fruit trees (longan, grapefruit, banana, etc.); 12,242 timber trees and about 14,148 bamboo trees are affected, in addition, about 107,536 m2 of rice land affected by the Subproject’s works. Table bellowed summarizes volume of trees and crops affected by project: 24 Table 10: Summary of Affected Volume of Trees and Crops No. of AHs Impacts on Trees No. of directly No. of indirectly AHs Impacts on No Name of works Fruit AHs by land by land acquisition Timber crops trees Bamboo Others acquisition (Cultivation on land trees (trees) area managed by CP) Repairing, upgrading of La Tinh river and I Can river dyke systems 447 22 101 3,161 - 1,600 60,710 La Tinh river embankment, section from Vinh 1 Thanh hamlet to Thai Phu hamlet, Cat Tai commune 45 - - 15 - - 5,050 Rehabilitation of Dap Quang up-downstream 2 stone embankment, Cat Tai commune 14 - - - - - 2,100 3 Rehabilitation of Chanh Hung dyke - 22 5 17 - - - Repairing of overflow canals downstream 4 embankment of Hoi Son lake 65 - - - - - 5,100 Downstream dyke of La Tinh river, Phu My 5 district 30 - - 32 - - - 6 Can river dyke, Phu My district 35 - 53 94 - 100 5,420 7 Thu Tinh dyke 115 - 17 13 - - 17,640 Rehabilitation of Lach Moi drainage axis 8 erosion, My Thanh commune 143 - 26 2,990 - 1,500 25,400 II Repairing, upgrading of Kon river dyke 381 123 127 9,081 14,148 3,100 46,826 1 Thang Cong 2 embankment 12 - - 50 - - 6,144 25 No. of AHs Impacts on Trees No. of directly No. of indirectly AHs Impacts on No Name of works Fruit AHs by land by land acquisition Timber crops trees Bamboo Others acquisition (Cultivation on land trees (trees) area managed by CP) Ta Dinh and Xem streams embankment, Vinh 2 Thuan commune 150 - - 100 - - 9,660 3 Dai An river dyke, Dai Hao hamlet 16 - - 120 - - 2,522 4 Truong Giang dyke, Phuoc Son commune 83 - - 70 - - 25,520 5 Queo river dyke, Binh Tan commune 50 - - 1,580 478 500 2,980 Kon river dyke, Lai Nghi hamlet, Binh Nghi and 6 Binh Hoa communes 6 123 2 3,200 13,200 - - 7 Kon river embankment, Vinh Thanh town 18 - 5 300 470 - - 8 Cut river embankment, Tay Phu commune 19 - 12 200 - 1,000 - 9 Phu Ngoc embankment, Nhon Phuc commune 22 - 7 300 - - - 10 Anti-flood dyke of An Nhon town’s center 5 - 101 3,161 - 1,600 - TOTAL 828 145 228 12,242 14,148 4,700 107,536 (Source: IOL Survey, March 2017) 26 3.2.2.6. Impacts On Agencies, Organizations And Public Works 47. In addition to impacts on land, assets owned by households, publicly used land (e.g transport land, irrigation land) managed by commune/ward PCs, the project also affect land owned by 02 organizations. Specifically: - The project construction of Thu Tinh dyke works affects 22 m2 of land of Pump station in Cat Minh commune; - The project construction of Kon river dyke, Lai Nghi hamlet, Binh Nghi and Binh Hoa communes affects 17 m2 of land of pump station in Binh Nghi commune. 3.2.2.7. Impacts on Income and Business 48. The preliminary inventory results showed that out of 1,098 affected households, only 07 household are directly affected by loss of business by land acquisition, in which 01 household currently run business with groceries, located in Binh Nghi commune of Tay Son district and be impacted resulting from land acquisition for construction Kon river dyke, Lai Nghi hamlet, Binh Nghi and Binh Hoa communes and 06 households are doing refreshment stores (coffee) close to Kon river in Vinh Thanh town, Vinh Thanh district. 49. In addition, 72 severely affected households by losing agricultural land (of which 21 households losing more than 20% of total agricultural production land area and 38 vulnerable households losing from 10% out of total existing cultivation land area), who affected by loss of income and business, in addition compensation and assistance as stipulated in the approved RPF, these households will be eligible to participate in Income Restoration Program. Details of Livelihood and Income Restoration Program are presented in the next chapter of this report. 3.3. Temporary Impacts during the Construction Process 50. The preliminary survey results showed that the project will also temporarily affect agricultural land owned by 47 households and public land managed by 18 communes/towns with total temporarily affected land area of 25,991 m2, of which affected agricultural land area is 7,320 m2, public land area is 18,671 m2. 51. During the construction process. temporarily affected land area is used mainly as gathering site of materials, bypass, and transport roads. Compensation, assistance for temporarily affected land area will be paid based on affected level and detailed time of construction of the Project by Contractor. In case if any structures, crops and trees found affected by the construction activities, it will be compensated in accordance with project policies (see Section 6.2.2). 3.4. Linked projects 52. Screening results showed that there is a no project linked or associated to the Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject. 27 4. SOCIO-ECONOMIC INFORMATION 4.1. Overview of Binh Dinh province Administrative map - Binh Dinh 53. Binh Dinh province is located in the Central province Coast of Vietnam; - It borders Quang Ngai province to the North; - It borders East sea with coastline of 134km to the East; - It borders Phu Yen province to the South; - It borders Gia Lai province to the West; 54. Binh Dinh has natural area 607,133 m2, including 11 districts, cities, in which, 01 city, 10 districts. Binh Dinh province’s population is about 1,519 million people in 2015. Table 11: Area, population and population density of Binh Dinh province in 2015 Average Population Administrative No. District/City Area (km2) Population density unit (People) (People /km2) 1 Quy Nhon city 21 286 286.3 1001.0 2 An Lao district 10 697 24.8 35.6 3 Hoai Nhon district 17 421 210.2 499.3 4 Hoai An district 15 753 86.3 114.6 5 Phu My district 19 556 173.1 311.3 6 Vinh Thanh district 9 717 28.6 39.9 7 Tay Son district 15 692 126.1 182.2 8 Phu Cat district 18 681 192.2 282.2 9 An Nhon district 15 244 182.9 749.6 10 Tuy Phuoc district 13 220 184.0 836.4 11 Van Canh district 7 804 25.2 31.3 Total 159 6,071 1519.7 250.3 (Source: Statistical Yearbook of Binh Dinh province in 2015) 28 4.2. Socio-Economic Profile of Affected Households in the Project Area 55. Emergency Natural Disaster Reconstruction Project in some Central provinces – Binh Dinh subproject consists of 04 components, within the first 18-month phase, the Binh Dinh province will take priority over investing 26 works items under under 04 contract packages, mostly with flood prevention and transport works. The first 18- month phase will be implemented in 18 communes/wards of Phu My, Phu Cat, Vinh Thanh, Tay Son, An Nhon, Tuy Phuoc, Hoai Nhon and Hoai An districts. However, as above mentioned, out of 04 construction packages within first 18- month phase only 02 packages with impacts of land acquisition, including (i) upgrading, repairing of La Tinh and Can rivers dykes systems and (ii) repairing and upgrading of Kon river dyke is carried out with socio-economic survey. 4.1.1. Survey Approaches and Methodologies  Approaches 56. The participatory approach is used in preparing the Resettlement Action Plan. Accordingly, affected people were engaged in preparatory phase of this Resettlement Action Plan by mean of in- depth interviews, focus group discussions, and observation.. The representatives of Binh Dinh PMU and Ward/Commune PCs were also invited to participate.  Methodologies 57. The RAP applied to priority investment items during the first 18 months involved in land acquisition and site clearance. The methodologies applied in the process of preparing the RAP include: Desk review 58. The Consultant collected, reviewed, studied and analyzed/assessed the documents relating to compensation, assistance and resettlement of the Project. Those documents were collected at Binh Dinh Agriculture and Rural Development PMU, the PCs of project wards/communes, including: (i) Project documents (Statement and Design Drawings of project work items; Resettlement Policy Framework, etc.); (ii) Cadastral maps, copies of maps and Socio-economic reports provided by commune/ward PCs; (iii) relevant policies of the World Bank, the Government of Vietnam and Binh Dinh PPC with aim to (1) find out procedures, regulations proposed and approved from the project documents, (2) find out technical methods proposed for each Project component; (3) review socio – economic reports of localities, (4) propose mitigation measures and guidelines for follow-up actions. Qualitative research method • Consultation and discussion with various stakeholders, including the implementation agencies, social organizations, representatives of leaders of local authorities through consultation meetings, in-depth interviews and group discussions. The minutes of working is attached to this report in Appendix 02. • Focus group discussions, in-depth interviews with affected households, such as severely affected households, relocated households and vulnerable households. The minutes of working is attached to this report in Appendix 02. • Field survey to the project area to determine the potential impacts on local residents during the project implementation. Quantitative research method • During the period from 14/03/2017 to 30/03/2017, socio-economic survey2 and survey for affected land/assets in 18 communes/wards of Phu My, Phu Cat, Tay Son and Vinh Thanh communes were carried out. • Socio-Economic Survey (SES) by questionnaire: Over 20% of total affected households whose land is acquired under works prioritized to be invested during the first 18-month period 2 Use SES questionnaire for Emergency Natural Disaster Reconstruction Project- Binh Dinh Subproject 29 were surveyed. Including: (i) 100% severely affected households (by losing from more than 20% of total agricultural land holding and 10% for vulnerable group) or by loss of residential land and require relocation; 20% of marginal affected households by loss of land and assets, non-land assets and (iii) vulnerable households (ethnic minority households, woman-headed households, poor households, households with the elderly and so on). As result, total 212 households are socio-economic surveyed by questionnaire in the project area. SES sample for affected households are attached in Annex 3 of this report. • The Inventory of Losses (IOL) is carried out with 100% affected households. 59. Entering and processing data. Information collected from the field visit will be processed by specialized software such as SPSS. 4.1.2. Results of Socio-Economic Survey of Affected Households in the Project Area 4.1.2.1. Survey Scope 60. Regarding to land acquisition for implementation of the works prioritized during the first 18- month period, results of survey showed that the project might affect 1,098 households, of which 953 households are directly affected by land acquisition and 145 households are indirectly affected by cultivation on land area managed by communes/wards PC (non-land assets).. In addition, implementation of these works also affects transport and irrigation land managed by 18 communes/wards PC, 02 public works (Pump station in Cat Minh and Binh Nghi communes). 61. Thus, from 14 to 30, March 2017, SES was carried out for 212 households out of total 1,131 affected households (accounting for 20% out of total affected households). Out of 212 surveyed households, 45 households are affected with residential land; 21 households lose more than 20% of total agricultural land area (more than 10% for vulnerable households); 37 households fall into vulnerable households, 01 household is directly affected by loss of business due to land acquisition and 108 households are marginally affected by loss of land and non-land assets. The selected households are typical households/groups for selected samples in the project area. 62. Selection of households for SES is based on magnitude of land acquisition impacts, including losing agricultural land, residential land and households permanently affected by business activities. In addition to above mentioned SES, public consultation meetings with local authorities and affected households were implemented to collect qualitative information. By that way, about 128 people were met and interviewed, of which 64 are female. 4.1.2.2. Characteristics of Household Members 63. According to survey data from 212 households directly affected with 02 items of land acquisition, the majority of households consists of from 4 to 5 members (accounting for 57.4%), followed by households with 6 - 9 members, accounting for 35.9% and households with 1 to 2 members, accounting for only 6.7%. On average, each AH household in the project area has 4.1 persons / household and the average main number of laborers per household is 2 persons. Out of communes/wards prioritized to be invested during the first 18-month period, there is presence of affected ethnic minority people (Ba Na people) in Vinh Thuan commune, Tay Son district3. 4.1.2.3. Education Level 64. According to survey data from 212 affected households, education attainment level of local people in the project area is low. The percentage of household heads with primary school level accounts for 67%; only 1.4% graduated from secondary school, 9.9% graduated from high school and 1.9% graduated from college/university. Specifically, the percentage of the illiterate/uneducated makes up 19.8%, mainly in Vinh Thuan commune where Ba Na people live. Due to economic difficulties, local people are ineligible to go to school. 3 A stand-alone EMDP is prepared. 30 Table 12: Education Level of Household Heads Male Female Total % Quantity % Quantity % Illiteracy 18 15.3 24 25.5 42 19.8 Primary school 76 64.4 66 70.2 142 67.0 Secondary school 3 2.5 0 0.0 3 1.4 High school 18 15.3 3 3.2 21 9.9 College/University 3 2.5 1 1.1 4 1.9 Total 118 100.0 94 100.0 212 100.0 Source: SES Survey, March/2017 65. Table reveals that the difference in educational attainment between male and female is minor, especially at primary level with proportion of 64.4% male and 70.2% female. However, the percentage of male in higher education level is larger than female, especially at high school, college and university level and particularly for regions where EMs reside. 4.1.2.4. Occupation of Household Heads 66. The survey results showed that affected households in the affected communes is mainly live on agricultural production, forestry and livestock activities and so on. Out of 212 surveyed AHs, 184 household heads (accounting for 86.7%) are farmers; 06 affected households with household head is a civil servant, 12 household sells grocery and 10 remaining household heads do other business, including hired labor or free labor. For vulnerable AHs, their major career is agricultural production. Occupations of surveyed householders are presented in the following table: Table 13: Occupation of Household Heads by Work Items of Subproject Occupation No. Items Public Agricultur Labor Trade/Servi servants/ e, forestry workers ce officials Repairing, upgrading of La Tinh river I 52 8 1 4 and Can river dyke systems La Tinh river embankment, section from 1 Vinh Thanh hamlet to Thai Phu hamlet, Cat 6 - - 2 Tai commune Rehabilitation of Dap Quang up- 2 downstream stone embankment, Cat Tai 1 2 - - commune 3 Rehabilitation of Chanh Hung dyke 3 1 - - Repairing of overflow canals downstream 4 6 - - - embankment of Hoi Son lake 31 Downstream dyke of La Tinh river, Phu My 5 5 2 - - district 6 Can river dyke, Phu My district 7 1 - - 7 Thu Tinh dyke 13 - 1 1 Rehabilitation of Lach Moi drainage axis 8 11 2 - 1 erosion, My Thanh commune II Repairing, upgrading of Kon river dyke 132 2 5 8 1 Thang Cong 2 embankment 6 - - - Ta Dinh and Xem streams embankment, 2 52 - - - Vinh Thuan commune 3 Dai An river dyke, Dai Hao hamlet 4 - - - 4 Truong Giang dyke, Phuoc Son commune 8 - - - 5 Queo river dyke, Binh Tan commune 7 - - - Kon river dyke, Lai Nghi hamlet, Binh Nghi 6 25 - 1 1 and Binh Hoa communes 7 Kon river embankment, Vinh Thanh town 11 - 3 4 8 Cut river embankment, Tay Phu commune 7 - - - Phu Ngoc embankment, Nhon Phuc 9 6 - - - commune 10 Anti-flood dyke of An Nhon town’s center 6 2 1 3 TOTAL 184 10 6 12 Source: SES Survey, April/2017 67. The percentage of female and male by occupations is insignificantly different. Female and male are equal to working choice, but their major career is farming with 85.6% male and 88.3% female. Modest percentage of small business is accounted for by female. Table 14: Occupation of Household Heads by gender Male Female Total % Quantity % Quantity % Agro-fisheries 101 85.6 83 88.3 184 86.8 Servant 5 4.2 1 1.1 6 2.8 Small business 4 3.4 8 8.5 12 5.7 Free labor 8 6.8 2 2.1 10 4.7 32 Total 118 100.0 94 100.0 212 100.0 Source: SES Survey, April/2017 4.1.2.5. Income and Expenditure 68. According to SES results from affected households, income level of affected households falls into group with income more than 1.5 - 3 million VND/person/month (accounting for 61.7%). Followed by rate of household with income level over 3 million VND/person/month (accounting for 9%); rate of household with income below 1.5 million VND/person/month accounts for 29.3%, these are poor households, and near poor households, households with the elderly. The poor and poor nearly households affected by the project are concentrated mainly in Vinh Thuan communes of Tay Son district. The commune has also the highest number of ethnic minority households in the project area, rate of the poor households accounting for approximately 80% out of total households in the entire commune. 69. Specific data on average income/person/month of surveyed AHs are shown in the Table as follows: Table 15: Average Income/Person/Month Income level Over 3 No. Items Below 1.5 From 1.5 - 3 million million VND million VND /month VND/month /month Repairing, upgrading of La Tinh river and Can I 7 54 4 river dyke systems La Tinh river embankment, section from Vinh Thanh 1 1 5 2 hamlet to Thai Phu hamlet, Cat Tai commune Rehabilitation of Dap Quang up-downstream stone 2 - 3 - embankment, Cat Tai commune 3 Rehabilitation of Chanh Hung dyke - 4 - Repairing of overflow canals downstream 4 1 5 - embankment of Hoi Son lake 5 Downstream dyke of La Tinh river, Phu My district 1 6 - 6 Can river dyke, Phu My district 1 7 - 7 Thu Tinh dyke 1 13 1 Rehabilitation of Lach Moi drainage axis erosion, My 8 2 11 1 Thanh commune II Repairing, upgrading of Kon river dyke 55 77 15 1 Thang Cong 2 embankment - 6 - 2 Ta Dinh and Xem streams embankment, Vinh Thuan 49 3 - 33 Income level Over 3 No. Items Below 1.5 From 1.5 - 3 million million VND million VND /month VND/month /month commune 3 Dai An river dyke, Dai Hao hamlet - 4 - 4 Truong Giang dyke, Phuoc Son commune - 6 2 5 Queo river dyke, Binh Tan commune 1 5 1 Kon river dyke, Lai Nghi hamlet, Binh Nghi and Binh 6 1 22 4 Hoa communes 7 Kon river embankment, Vinh Thanh town 2 11 5 8 Cut river embankment, Tay Phu commune - 7 - 9 Phu Ngoc embankment, Nhon Phuc commune - 6 - 10 Anti-flood dyke of An Nhon town’s center 2 7 3 TOTAL 62 131 19 Source: SES Survey, April/2017 70. Table 16 shows that the percentage of male and female with an income of more than 3 million/person/month is 10.2% and 7.4% respectively. The difference is attributed by various factors such as educational level, specification or working experience. Table 16: Average Income/Person/Month by gender Male Female Total % Quantity % Quantity % Under 1,5 27 22.9 35 37.2 62 29.2 million/person/month From 1,5 - 3 79 66.9 52 55.3 131 61.8 million/person/month More than 3 12 10.2 7 7.4 19 9.0 million/person/month Total 118 100.0 94 100.0 212 100.0 Source: SES Survey, April/2017 71. According to results from SES reports of communes/wards in the project in 2016, average income level of AHs in the project area is approximately 23.5 million VND/person/year. In which, 34 Binh Nghi commune of Tay Son district has the highest average income level per capita with 28.8 million VND/person/year, Vinh Thuan commune of Tay Son district has the lowest average income level per capita with 12.4 million VND/person/year. This is the place with precedence of Bana people. 72. Out of 270 AHs belonging to vulnerable groups, no severely AHs have to relocate, 38 EM households lose from 10% or more of agricultural area by the Embankment of Ta Dinh and Xem streams in Vinh Thuan. Survey showed that almost all households are the poor with an income of 700 thousand dong/person/month, they are all Ba Na people. 73. 17 female headed households, according to survey, gain average income from 600,000 to 800,000 dong/month which is come mainly from agricultural production, thus, they encounter into many difficulties. Moreover, most of the female headed households in the project area are the poor and the near poor. 74. Income level of households is decisive factor on their expenditure, with such income level, majority of surveyed households answered that they do not have enough money to cover their living expenses (including: eating, investment for their children education, medical treatment and so on). Their main source of income mainly depends on agriculture. Thus, during the project implementation process, poor households, ethnic minorities, policy households, etc. should be paid special attention in the case of resettlement, they have to relocate to new places, and their opportunities for restoring income and maintaining lives for these households are so difficult. 4.1.2.6. Households Ownership of Commodities 75. Value of assets in each household depends much on their economic condition. In the surveyed communes/wards areas, rate of poor households and medium-income households is majority, thus, means of living of households are mainly essential, common and low value. Specifically, 62.4% of households own bicycles, 64.8% of households own mobile phones, 45.7% of households own motorbikes, 53.5% of households own colored television and so on. Furniture ownership situation of households are presented in detailed in the Table as follow: Table 17: Means of Living of Households No. Furniture No. of HHs Rate 1 High quality wooden furniture 2 1.9% 2 Motorbike 27 45.7% 3 Bicycles 87 62.4% 4 Radio 12 11.4% 5 Colored television 35 53.5% 6 Fridge 14 13.3% 7 Washing machine 4 3.8% 8 Telephone 47 64.8% Source: SES Survey, April /2017 4.1.2.7. Vulnerable Households 76. Consultation results with local authorities and survey by questionnaire in the project area showed that, out of 1,098 households affected by works under the Subproject implemented in the first 18-month period, 270 AHs are vulnerable groups, of which: - 150 households are ethnic minority people 35 - 97 poor households (of which 94 households are ethnic minority people) - 17 household with single woman headed with dependents; - 01 household with the elderly; - 05 policy households. 77. Information of affected vulnerable households for each works under Subproject is shown in the Table as follow: Table 18: Information on affected Vulnerable Households in the Project Area No. of vulnerable households Ethnic Househol No. Items Househol minorities Poor Policy d with d with the household household household women elderly s headed I Repairing, upgrading of La Tinh river and Can river dyke systems La Tinh river embankment, section 1 from Vinh Thanh hamlet to Thai Phu 1 2 hamlet, Cat Tai commune Rehabilitation of Dap Quang up- 2 1 downstream stone embankment 3 Rehabilitation of Chanh Hung dyke Downstream dyke of La Tinh river, 4 1 2 Phu My district 5 Can river dyke, Phu My district 1 6 Thu Tinh dyke 2 4 II Repairing, upgrading of Kon river dyke Ta Dinh and Xem streams 1 150 94 1 1 9 embankment, Vinh Thuan commune Kon river dyke, Lai Nghi hamlet, 2 2 1 2 Binh Nghi and Binh Hoa communes Total 150 97 5 1 17 Source: SES Survey, April /2017 78. Out of total 270 affected households falling into vulnerable groups, none of households are severely affected and have to relocate, 11 households losing from more than 10% of agricultural land area under Ta Dinh and Xem streams embankment, Vinh Thuan commune, 25 remaining households are marginally affected. 4.1.2.8. Land Use Right Certificates (LURCs) 79. Through survey on LURCs, 89.6% of households have LURCs; 10.4% of households lease land contracts for agricultural cultivation from CPCs (Cat Thanh, Binh Nghi and Binh Hoa 36 communes). Out of 89.6% with LURCs, 42% have LURC which is named by both husband and wife, 41% households have LURC named by husband and 17% households have LURC named by wife. In the course of payment for compensation amount, support and compensation documents are signed by both husband and wife. For female headed households, female will represent for the AH to receive the compensation and assistance amount from the project. 4.1.2.9. Access to Utilities and Services 80. Use of electricity: According to consultation results, 86.7% of surveyed households use the national power grid with their own electricity meters and the average electricity consumption of a household is about 174,000 VND / household / month. 81. Use of water for eating, living and production: Out of total 212 surveyed households, 79.6% of households use digging or drill wells water; 12.5% of households use storm water and only 7.9% of households use tap water for living and eating. 82. Use of toilets: Out of total 212 surveyed AHs, 84.6% of households have their own toilets; 15.4% of households do not have toilets. In the project area, majority of households use two compartment toilet and ash toilet, the septic tank only accounts for a small rate. 83. Waste collection: Currently, waste collection is implemented in the project area, this activity is implemented quite effectively with waste collection frequency of 1 time/1 day or 2 times/day depending on conditions of each district. 5. LEGAL FRAMEWORK 84. To guide the implementation of involuntary resettlement, this section provides principles, objectives, and eligibility for AHs as well as benefits, institutional and legal frameworks for compensation and restoration measures based on the World Bank’s OP/BP 4.12 Policy on Involuntary Resettlement (amended in May 2011) and Legal Framework of the GoV. 85. The Resettlement Action Plan was prepared based on the Resettlement Policy Framework of the project has been approved by the Prime Minister and obtained No-objection from the Bank. Simultaneously, the Resettlement Action Plan will comply with the laws, circulars, decrees stipulating the land acquisition, compensation and resettlement in Vietnam, and the WB’s policy on Involuntar y Resettlement. 5.1. Legal Framework of GoV 86. The Laws and Decrees with respect to land acquisition, compensation and resettlement in Vietnam are based on the regulations of the city/province at time of preparing RPF and RAP, including:  Constitution of the Socialist Republic of Vietnam adopted in 2013.  Land Law No.45/2013/QH13 dated in 2013, effective on July 1, 2014.  Decree No. 43/2014/ND-CP dated May 15, 2014 of the GoV on detailing a number of articles of the Land Law No.45/2013/QH13.  Decree No. 44/2014/ND-CP dated May 15, 2014 of the GoV on land prices;  Decree No. 45/2014/ND-CP dated May 15, 2014 of the GoV on collection of land use levies.  Decree No. 46/2014/ND-CP dated May 15, 2014 of the GoV on collection of land rent and water surface rental.  Decree No. 47/2014/ND-CP dated May 15, 2014 of the GoV on compensation, support and resettlement upon land recovery by the State.  Decree No. 84/2013/ND-CP dated July 25, 2013 of the GoV on development and management of resettlement housing. 37  Decree No. 16/2016/ND-CP dated March 16, 2016 of the GoV and Circular No. 12/2006/TT- BKHDT dated 08 August 2016 on management and use of official development assistance (ODA) and concessional loans of foreign donors.  Decree No. 01/2017/ND-CP dated January 06th, 2017 on amendment and supplementation of a number of articles of Decree on guidelines for implementation of the Land Law.  Circulars No. 36/2014/TT-BTNMT dated June 30, 2014 of Ministry of Natural Resources and Environment on land pricing method; compilation of and adjustment to land price lists; determination of specific land prices and consultancy on land pricing.  Circular No.37/2014/TT-BTNMT of the MONRE dated June 30, 2014 on compensation, support and resettlement upon land recovery by the State.  Decision No/63/2015/QD-TTg of the Governmental Prime Minister dated December 10, 2015 on policy on assistance in vocational training and job search for workers whose land is withdrawn by the state.  Decision No.1956/2009/QD-TTg of the Governmental Prime Minister dated November 17, 2009 on vocational training for rural. 87. Other relevant laws, decrees and regulations include: the Construction Law No.50/2014/QH13 dated June 18, 2014 on construction activities, rights and obligations of organization and individual investing in civil works construction and construction activities; Decree No.102/2014/ND-CP on sanctioning of administrative violations in the field of land; Decree No.15/2013/ND-CP dated February 6, 2013 on quality management of constructions; Decree No. 12/2009/NĐ-CP dated February 12, 2009 on the management of construction investment projects; Decree No.126/2014/ND-CP on marriage and family law implementation, stipulating that all documents registering family assets and land use rights must be in the names of both husband and wife 88. Decrees relevant to protection and preservation of cultural property include Decree No. 98/2010/ND-CP Detailed regulations for implementation of some articles of the Law on Cultural Heritage and the Law on editing and supplementing some articles of the Law on Cultural Heritage requiring that sites currently recognized as cultural and historical vestiges, should be kept intact according to current legal regulations. 89. Documents relating to complaints and resolve complaints mechanisms: Complaints Law 02/2011/QH13 dated November 11, 2011; Decree No. 75/2012/ND-CP dated October 03, 2012 on specific provisions a number of articles of the Complaints Law. 90. Decisions of Binh Dinh province in relation to compensation, assistance and resettlement policies in the province to be applied include:  Decision No. 13/2015/QĐ-UBND dated 7 June, 2015 on compensation, assistance, resettlement policies when the State acquires land in Binh Dinh province;  Decision No. 32/2016/QĐ-UBND dated 15 June, 2017 on amendment and supplementation of Decision No. 13/2015/QD-UBND on compensation, assistance, resettlement policies when the State acquires land in Binh Dinh province;  Decision No.40/2013/QD-UBND dated 16 December, 2013 of Binh Dinh PPC on compensation rates for trees and crops when the State acquires land in Binh Dinh province;  Decision No. 41/2013/QĐ-UBND dated December 16th, 2013 of Binh Dinh PPC on compensation rates for houses, structures when the State acquires land in Binh Dinh province; - Decision No.34/2014/QĐ-UBND dated 22 December, 2014 on price list in 2015 in Binh Dinh province in the 5-year period (2015 – 2019). 38 5.2. World Bank Policy on Involuntary Resettlement (OP 4.12) 91. The World Bank recognizes that involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. The Bank’s Resettlement Policy OP 4.12, includes safeguards to address and mitigate the economic, social, and environmental risks arising from involuntary resettlement. 92. Objectives of the WB’s policy on involuntary resettlement are the following: (i) Involuntary resettlement should be avoided where feasible or minimized by all viable alternative project designs and selection of location where land acquisition is unavoidable but impacts are minimized; (ii) Wherever involuntary resettlement is unavoidable, resettlement activities should be conceived of and executed as sustainable development programs, providing sufficient investment sources to enable affected persons to share project’s benefits; (iii) Directly or indirectly affected persons must be consulted and participated in the process of planning and implementing resettlement programs; (iv) Affected persons should be assisted in efforts to improve their livelihoods and living standards or at least to restore them, in real terms, to pre-project levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 93. Required measures: To resolve project impacts, the Project Owner prepared a Resettlement Action Plan that includes measures to ensure that affected persons are: (a) Informed of their options and entitlements to resettlement; (b) Consulted on the offered choices and provided with technically and economically feasible resettlement alternatives; and (c) Provided with prompt and effective compensation at replacement cost for lost assets attributable directly to the project. 5.3. Comparison between GoV’s and WB’s Policies 94. There are still some differences between the Government of Vietnam’s Laws, policies, regulations related to land acquisition/resettlement, and the World Bank’s OP/BP 4.12 on Involuntary Resettlement. Comparison of GoV’s and WB’s policies on compensation, assistance and resettlement and proposed policies under the ENDR project is presented in the approved RPF. 95. Vietnam is a country member of the World Bank, the Government of Vietnam has committed that should the international agreements signed or acceded to by Vietnam and the World Bank contains provisions different from those in the existing resettlement legal framework in Vietnam, the provisions of the international agreements with World Bank shall prevail. According to Clause 2, Article 87 of the Land Law 2013: “For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, assistance and resettlement that framework policy shall prevail.” 96. The project Resettlement policy framework confirms that in approving this instrument, the Government of Vietnam and Quang Ngai Provincial People's Committee grant the waivers to the relevant provisions of the Vietnam law that contradict or are not consistent with the objectives set forth in the Resettlement Policy Framework. The measures taken to resolve these differences and compliance with the WB’s policy on involuntary resettlement are addressed under RPF and applied to this RAP. 39 6. PRINCIPLES AND POLICIES FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT 6.1. General Principles 97. All projects affected persons (AHs) who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation for their losses. Those who have lost their income and/or livelihood will be eligible for livelihood rehabilitation assistance based on the criteria of eligibility defined by the project in consultation with the AHs. If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional assistance measures will be provided. (a) The compensation rates will be determined timely and in consultation based on independent land valuation results of the Independent Valuation Unit hired by Binh Dinh PMU. Compensation rates for trees/crops/non-land assets will be applied as those issued annually by Binh Dinh PPC based on market price survey results of Binh Dinh Department of Construction. The independent monitoring agency (IMA) will assess relevance of these compensation rates. (b) All fees and taxes related to transferring land and/or housing and fee for receiving land use right certificate will be exempted for the relocated HHs who already paid fee before for receiving land use right certificate. The local authorities will ensure that AHs who will be arranged relocation on their own, will also be exempted from transaction fees like the ones who will move to the project resettlement sites. (c) Land will be compensated “land for land”, or in cash, according to PAP’s choice whenever possible. The choice of land for land must be offered to those loosing 20% or more of their productive land. If land is not available, the borrower must assure itself to meet the Ban’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. (d) 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 for residential land, and cash adjustment for difference between their lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the PAPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided. (e) 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. (f) Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure must use the highest value structure in that group (not the lowest). (g) As for the displaced households affected with shelter (displaced from existing residential land because the remaining land area is not feasible for building house or entire land acquisition), the local resettlement board needs to conduct consultations and makes agreed solutions to assist for new shelter for affected households. (h) The displaced households affected with shelter that can build a house on the remaining land (not subject to displacement) will have general policies of the project applied in accordance with the agreed entitlement matrix. (i) The PAPs will be provided with full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands and other properties. 40 (j) Compensation and rehabilitation assistance must be provided to each PAP at least 30 days prior to the taking of the assets for those who are not to be relocated and 60 days for those who will have to be relocated. Exceptions should be made in the case of vulnerable groups who may need more time. (k) If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures will be provided. (l) Additional efforts, such as economic rehabilitation assistance, training and other forms of assistance, should be provided to PAPs losing income sources, especially to vulnerable groups, in order to enhance their future prospects toward livelihood restoration and improvement. 6.2. Entitlements 98. AHs will be entitled to the compensation, assistance and resettlement policy (if any) in accordance with the regulations of Vietnam and the World Bank OP 4.12. AHs will not be considered for compensation or support from the project for the area to be occupied after the cut-off date announcement. Compensation policies of project are as below: 6.2.1. Compensation Policy for Permanent Impacts 6.2.1.1. Compensation Policy for Agricultural Land 99. For legal land users or legalizable land use rights: (i) The local agricultural land fund of wards/commune in Binh Dinh province is in available, therefore the cash compensation will be applied instead of the “land for land” compensation to affected agricultural land area and assets on acquired land at 100% replacement cost; (ii) If area of remaining land after acquisition is not enough to continue cultivation, the project will acquire the entire piece of land and compensation would be implemented in cash for the affected agricultural land area and assets on the acquired land at 100% replacement cost. (iii) In addition to cash compensation for acquired land area as stipulated above, AHs will be entitled to livelihood restoration assistances as mentioned in the RPF. (iv) In the case of acquired land exceeding the limit of local land allocation quota (except for land by inheritance, donation or receive transfer of land use rights) this land is not entitled to compensation for land but supported remaining values invested in such lands. 100. Users with temporary or leased rights to use communal/public land: (i) For AHs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for the remaining value of investments made on the land, and for all assets attached to the land at replacement cost, and these AHs will also receive additional support for income rehabilitation if they are directly involved in agricultural activities as per Government’s regulations. (ii) Where AHs receive land on a contractual basis but are other than the individuals specified as point (i) above, they shall only receive compensation the remaining value of investments made on the land and structures created on land at full replacement cost. 101. Land Users who do not have formal or customary rights to the affected land: (i) For agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production will be compensated at 100% as per Article 77.2 of the Land Law. (ii) For other cases, instead of compensation, the AHs will receive financial assistance of an amount corresponding to the remained value of investment made for the land improvement. 41 (iii) In case of a physical impediment caused by the project, AHs will receive additional compensation or supports if required to offset. 6.2.1.2. Compensation for Loss of Land for Non-Agricultural Production And Business 102. Organizations, individuals whose land for non-agricultural production and business is acquired will be compensated according to the following cases: (i) All affected households, individuals with LURC or legalizable: i) if local land fund is available and AHs choice, Compensation “land for land” is priority; ii) If land is not available or the AHs prefers to receive cash compensation, they will receive compensation in cash for loss of land and assets on the land acquisition at 100% replacement cost. (ii) Households and individuals who use leased land acquisition with annual rent payment or lump- sum rent payment but were exempted from rent will not be compensated for land but compensated equivalent to remaining values invested in such lands and assets on the land at 100% replacement cost. (iii) Valid organizations (economic organizations, public organizations in accordance with financial autonomy) using land for non-agricultural production and business with lump-sum rent payment (rent unused the state budget) with LURs or legalizable LURs will be compensated “land for land” if local land fund is available, if not, will be compensated in cash at 100% of replacement cost. (iv) Valid organizations (economic organizations, public organizations in accordance with financial autonomy) using land for non-agricultural production and business with annual rent payment or lump-sum rent payment but were exempted from rent will not be compensated for land but compensated equivalent to remaining values invested in such lands and assets on the land at 100% replacement cost. 103. In addition to the compensation mentioned above, the project will provide removal allowances of manufacturing and business facilities for affected organizations/Individuals. 6.2.1.3. Compensation for Residential Land 104. Users whose residential land is acquired will be compensated as follows: Loss of residential land without structures: (i) For legal and/or legalizable land users, all compensation for loss of land will be made in cash at 100% replacement cost. (ii) For land users who have no recognizable land use right, financial assistance will be provided corresponding to the remained investment put on the land. The amount will be determined by Provincial People’s Committee. Loss of residential land with structures built thereon, where the remaining (non-acquired) land is adequate to rebuild the structure (reorganizing AHs): (i) Compensation for loss of land will be made in cash at 100% replacement cost for legal and legalizable land users; (ii) Financial assistance of an agreed amount will be provided to land users who do not have recognizable land use rights. The amount will be determined by Provincial People’s Committee. (iii) Regardless of legal status of land use, compensation for affected structures at 100% replacement cost. (iv) If AHs have to rebuild the main house (not necessary to relocate to new area), they will also receive repair allowance as mentioned in the RPF. Loss of residential land with structures built thereon, and the remaining land is not adequate to rebuild the structure in accordance with regulations of PPC (AHs have to relocate): 42 (i) AHs with legal and/or legalizable rights to the affected land, can choose one of the following options:  If AHs choice is compensation “land for land”: AHs will be compensated land plot/apartment in the project’s resettlement site where infrastructure is fully invested and allocation of resettlement land plot/apartment land will be made according to the provisions of Provincial People’s Committee, depending on local land fund. AHs will be provided with a certificate of land/ apartment use without paying any fees.  In case that the compensation amount to be paid is more than the cost of land plot/apartment compensation in the project’s resettlement site, the difference amount will be paid in cash to AHs.  In case the compensation amount to be paid is less than the cost of a minimum land plot /apartment in the project’s resettlement site, AHs will be provided the differences.  If AHs choice is not compensation “land for land”, all compensation for loss of land will be made in cash at 100% replacement cost, plus relocation allowance prescribed by the province for self-relocation.  In case the remaining land is not large enough to rebuild a house, but in the same plot of land there is a pond/ garden/ agricultural land, households may propose converting part of the pond/ garden/agricultural land into residential use according to the provisions of the PPC to be able to rebuild house on site. (ii) The AHs, who do not have legal or legalizable rights to the affected land, are entitled to the following:  Amount of financial assistance will be reviewed and decided by Provincial People’s Committee.  If the AHs have no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site and they can either pay in installments or rent it for living. 105. In case the relocated AHs belong to poor or vulnerable groups or households, additional assistance (in cash and kind) will be provided to ensure that they can fully relocate to a new site. Binh Dinh PPC will consider making decision on assistance level for AHs. 6.2.1.4. Compensation for Structures 106. Compensation policy for structures are as follows: For Loss of Structures: (i) Owners of affected structures shall be compensated as follows:  Compensation in cash will be made for all affected private-owned houses/structures, at 100% the replacement costs, regardless of whether or not they have title to the affected land or a construction permit for the affected structure. The compensation amount will be sufficient to rebuild the affected house/structure of the same quality.  If the house/structure is partially affected, a financial assistance will be provided to enable AHs to repair the affected house/structures to restore it to the former condition, or better, at no additional cost to them.  Cash compensation will be at full replacement cost. No deductions will be made for depreciation or salvageable materials.  The calculation of rates will be based on the actual affected area and not the useable area. (ii) Tenants of state-owned or state organization-owned houses will be entitled to rent or buy a new apartment of an area at least equal to their affected ones; or provided a financial assistance equivalent to 60% of replacement cost of the affected land and houses. The 43 affected structures, crops, trees created by the AHs before cut-off date will be compensated for at full replacement costs. (iii) Tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving assets, and will be assisted in identifying alternative accommodation. For Graves: (i) Compensation for the removal of graves/ tombs will include the cost of excavation, relocation, reburial and other related costs which are necessary to satisfy customary requirements. The compensation amount will be determined by Provincial People’s Committee. (ii) For ownerless affected graves, Binh Dinh PMU will sign a contract with an independent unit for compensation and relocation of them to a new site. (iii) Household and individual graves are considered physical cultural resources (PCR) and even though the costs associated with their relocation will be covered in the Resettlement Action Plan, the WB OP 4.11 on Physical Cultural Resources should be triggered and relevant cross references should be made to the Environmental and Social Management Plan or Project Operation Manual (POM). 6.2.1.5. For Loss of Crops, Trees and Livestock 107. For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to households who cultivate the land at full replacement cost. 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. 108. For livestock (including aquatic livestock), AHs will be compensated in cash at replacement cost at the time of land acquisition. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. 6.2.1.6. Compensation for Other Assets 109. In the case that the AHs are equipped with telephone system, water meter, electric meter, cable TV, internet access (subscription), the AHs shall be compensated according to the unit price of installing new units, are offered service announcement or relocation costs due to service provider’s regulations. 6.2.1.7. Compensation for Public Works 110. In cases where public works such as schools, factories, water sources, roads, sewage systems, medical centers, distribution/transmission, communication and fiber cables are damaged and the community wishes to reuse them, the project will ensure that these are restored or repaired at no cost to the community. 111. 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. 6.2.2. Compensation Policy for Temporary Impacts During the Construction 112. In case the land is needed for temporary construction site, it will be rented following regulations stipulated by the Civil Law. 113. Compensation Policy for loss of private or public structures occurring during construction phase: (i) Damaged property will be restored to its former condition by contractors, immediately upon completion of civil works. 44 (ii) Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to repair the damages and may also be required to pay compensation to the affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project. 6.2.3. Any Other Impacts Identified During Implementation 114. Any other impacts that may be identified during implementation will be compensated in accordance with the principles of this RPF and World Bank OP 4.12. Any disruption of business will be compensated in accordance with the principles of the RPF. 6.2.4. Livelihood Restoration Assistances 115. Besides the compensation for affected assets, AHs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, considering inflation factor and price increase to be appropriate to the payment time. They include, but are not limited to:  For Loss of Residential Land 116. Transportation Allowance to relocating households: Relocating households who move to a new location will be provided financial assistance in cash. The amount will be determined by Provincial People’s Committee. 117. House Renting Allowance will be provided to AHs who may be forced to relocate from their original homes and are still awaiting the replacement land plots or apartments. In the case of replacement land plots, the rental allowance will extend to the period during which the new house is being built. The allowance amount will be determined by Provincial People’s Committee. 118. Self-relocated households which are eligible for resettlement, but self-accommodation: an amount supported for investment in infrastructure for a minimum land plot /apartment in the project’s resettlement site. The specific level of support will be determined by Provincial People’s Committee. 119. Reparation Allowance: If house/structure is partially affected and the remaining structure is viable for continued use, the project will provide a repair allowance to enable AHs to restore it to former or better conditions. The level of specific support will be determined by Binh Dinh PPC. 120. For households/individuals relocated by residential land acquisition that combines business: the project will provide an allowance for vocational training and job creation according to the provisions of the PPCs for demographic in the working age. 121. Subsistence allowance: AHs who is relocated or rebuilt house on the remaining land area will receive subsistence allowance in the transition period. The amount will be determined by Binh Dinh PPC.  For Impacts on Agricultural Land 122. Allowance for Subsistence allowance (during transition period): AHs impacted with agricultural land will be provided with an assistance in cash equal 30kg rice/person/month, specifically: (i) AHs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with compensation of 6 months if they do not have to 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; (ii) AHs losing more than 70% of their agricultural landholding will be assisted at the above rate for a period of 12 months if they do not have to relocate, and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided up to a maximum of 36 months; 45 (iii) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. 123. Allowance for production stabilization: Households, individuals who are compensated by agricultural land will be supported for production rehabilitation, including: Support for plant varieties and animal breeds for agricultural production, services such as agricultural/forestry extension, plant protection, animal health, cultivation techniques, animal husbandry and professional techniques for manufacturing, business and commercial services. Form and level of specific support according to the provisions of Binh Dinh PPC. 124. Allowance for Vocational Training and Job Creation: The maximum support will be 2 (two) times of price of agricultural land for acquired agricultural land area. 125. Assistance for agricultural, garden and pond land adjacent to, but not included in the category of residential land will be made according to the provisions of Binh Dinh PPC.  Support for Loss of Income and/or Business 126. Production and business stabilization assistance: (i) Businesses / households with business registration will be compensated or supported. The maximum compensation/support is 30% of after-tax income of 01 years based on their average annual of the last three years which have been declared to the tax authorities; (ii) Households without business license but who have met their tax obligations will be entitled to compensation equivalent to 50% of support level for businesses/households with business registration. 127. Removal Support: Organizations and AHs that are leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re-installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. 128. Allowance for interrupted employment: Employees who work in affected manufacturing facilities or businesses with labor contract will receive allowance equivalent to the minimum salary as per the regulations to affected employees during the transition period which can be for a maximum of 6 months as well as assistance in seeking job opportunity if needed.  For Loss of Public Land funds of communes, wards or townships: 129. If land belonging to public land funds of communes, wards or townships is acquired, it will be provided with an assistance of 100% of price of same-type agricultural land in accordance with the land price list issued by the PPC. The assistance amount will be paid into the state budget and allocated in annual budget estimates of communes, wards or townships people’s committee. The assistance amount should be used to invest construction of infrastructure projects used for public interest purposes of communes, wards and townships as stipulated in Article 24 of Decree 47/2014/ND-CP.  Allowances/Assistances for Vulnerable Households (i) For landless households: Assistance through provision of an apartment with either payment by installment to buy it or rent it for living (at AHs’ choice). Additional assistance will be considered if needed to ensure the AHs have a place to live. (ii) Social policy Households: Relocated Households which included heroic mothers, heroic armed force, heroic labor, war veterans, wounded or dead soldiers will be provided with support as regulated by Provincial People’s Committee (to be certified by local authority). (iii) For poor households: apart from received allowanced as regulated for the affected ones, further allowance for vulnerable groups shall be also received as follows: 46  Poor AHs who have to relocate or lose more than 10% of their agricultural landholding, poor AHs who lose less than 10% of their land but such land area is not enough to continue cultivation: will be assisted in cash equal to 30kg rice/person/month for a period of 24 months or in accordance with provincial policy; whichever is higher.  Other poor AHs: will be assisted in cash equal to 30kg rice/person/month for a period of 6 months or in accordance with provincial policy; whichever is higher. (iv) Other vulnerable groups: Female headed households with dependents, household with disabled persons, elderly without any source of support, poor households and ethnic minority households will get the same support given to poor households in accordance with the provincial policy or assisted in cash equal to 30 kg of rice per person per month for 6 months; ; whichever is higher.  Other Allowances/Assistances 130. Incentive Bonus: All AHs who vacate the affected land immediately after receiving compensation and allowances will be given an incentive allowance consistent with each province. 131. AHs who will lose income sources will be entitled to take part in Income Restoration Programs. Rehabilitation measures like agricultural extension services, job training and creation, credit access and/or other measures as appropriate will be given to AHs losing income sources to ensure their livelihood could be restored to the pre-project level. 132. Apart from the assistances mentioned above, based on the actual situation, the Project may consider other assistances to secure life stabilization, culture, production and livelihoods of AHs. 47 Table 19: Entitlement matrix Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons I – Impacts due to permanent land acquisition 1.1. Agricultural Marginal impact (<20% All AHs with LURC, or For affected agricultural land:  Affected land4 of landholding or <10% legalizable households to be (i) Compensation “land for land” if local land fund for vulnerable group) notified at least 90 is available and PAP choice. days before land The remaining area of (ii) If land is not available or the PAP prefers to recovery by the affected plot is still receive cash compensation, they will receive Project. economically viable for compensation for loss of land in cash at 100% use or meets the expected  The owner of land replacement cost5. personal yield. will hand over the (iii) If area of remaining land after acquisition is not land within 20 days (598 AHs) enough to continue cultivation, the project will from the date acquire the entire piece of land and District compensation would implement in one of two Compensation forms as defined in point (i) and (ii) of this Board fully pays section. compensation for (iv) In the case of acquired land exceeding the limit land. of local (except for land by inheritance,  In the case that donation or receive transfer of land use rights) compensation “land are not entitled to compensation for land but for land” is applied, supported remaining values invested in such the project will lands. Provincial People's Committee may approval land consider providing this support suitable to compensation in the the local realities. order of priority Compensation for assets on the land acquisition, from severely 4 Classification of agricultural land as stipulated in Article 10 of the Land Law 5 When domestic laws do not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standards. 48 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons please refer to section 1.4, 1.5, 1.6, 1.7, 1.8 of this affected households entitlement matrix. to marginal affected households. Livelihood restoration assistance will be provided, including: allowance for production stabilization;  Land compensation allowance for vocational training and job creation must meet the (please refer to item 3.1.1 of this entitlement following matrix). principles: a) equivalent to the In addition to above, for agricultural, garden and affected land area pond land adjacent to, but not included in the but not exceeding category of residential land, AHs will receive the limit of local; b) assistance according to the provisions of the PPC. same type of soil (or equal productive capacity); c) satisfactory to the AP; d) there is land use rights for the head of household and his/her wife/husband (if any); and e) non- payment of taxes, charges and fees for registration of land use rights. If land compensation size is smaller or lower quality, AHs will be entitled to compensation on 49 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons cash equivalent the differences.  If area of land acquisition is different between actual measured and recorded on Land Use Rights Certificate (LURC), land acquisition will be compensated according to actual measured area unless otherwise occupied. Land Users with (i) For the affected families are using land temporary or leased allocated by the State for purposes of rights to use land. agriculture, forestry or aquaculture (excluding special-use forest, protection forest) of State Forest Enterprises (SFEs), AHs are not compensated for land. Cash compensation at 100% replacement cost for remaining values invested in such lands and affected assets created. (ii) Users who are leased rights to use land on the basis of contracts with individuals, families, or organizations, other than the cases specified in point (i) of this section shall be compensated compensation for remaining values invested in 50 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons such lands and affected assets created at 100% replacement cost. Severe Loss ≥20% or All AHs with LURC, or  Compensation and assistances as applicable for  Rehabilitation ≥10% for vulnerable legalizable sub-item 1.1.1.1 of this matrix, priority for assistance will be groups compensation "land for land" if local land fund is applied in case if available and PAP choice. the option "land for (72 AHs) land" cannot be  In addition, they will receive assistance in cash available. The for living rehabilitation as specified in item 3.1.2 forms of assistance of this matrix. should be consulted closely with appropriate and effective measures of agricultural encouragement to assist the poor to restore their income generating capacity and income levels. 51 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons 1.2. Residential land 1.2.1. Marginal loss 1.2.1.1. Legal and/or (i) All compensation for loss of land will be made  Affected legalizable land users in cash at 100% replacement cost persons/organizatio  Loss of residential land ns to be notified at without structures (ii) Compensation for assets on the land least 180 days acquisition, please refer to section 1.4, 1.5, 1.6, Or before land 1.7, 1.8 of this entitlement matrix.  Loss of residential land recovery by the with structures built Project. thereon, where the  The owner of land remaining (non- will hand over the acquired) land is land within 20 days adequate to rebuild the from the date structure (reorganizing District AHs) Compensation Board fully pays (237 AHs) compensation for land.  If area of land acquisition is different between actual measured and recorded on Land Use Rights Certificate (LURC), land acquisition will be compensated according to actual measured area unless otherwise occupied. 52 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons 1.2.2. Relocated AHs 1.2.2.1. Relocating Relocating AHs can opt to one of the followings:  Affected AHs with LURC, or persons/organizatio (07 AHs) (i) Compensation “land for land”: AH will be legalizable ns to be notified at compensated land plot/apartment in the least 180 days project’s resettlement site where invested fully before land infrastructure and allocation resettlement land recovery by the plot/apartment land will be made according to Project. the provisions of Provincial People’s Committee, dependence on local land fund.  In case the PAP will be provided with a certificate of land/ compensation apartment use without paying any fees amount to be paid is more than the cost Or of land (ii) Compensation for loss of land in cash at 100% plot/apartment replacement cost. compensation in the Compensation for assets on the land acquisition, project’s please refer to section 1.4, 1.5, 1.6, 1.7, 1.8 of this resettlement site, entitlement matrix. the difference amount will be paid Resettlement assistance will be provided, including: in cash to AP. Transportation allowance; House renting allowance; Support for self-relocation: Subsistence  In case the allowance… (please refer to item 3.2.1 of this compensation entitlement matrix). amount to be paid is less than the cost of a minimum land plot /apartment in the project’s resettlement site, AHs will be given the support needed 53 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons to allow them to acquire the new land plot/apartment without paying any fee.  In the case of the remaining land is not large enough to rebuild house, but in the same plot of land for pond/ garden/ agricultural land, households may propose converting part uses pond/ garden/agricultural land into residential according to the provisions of the PPC to be able to rebuild house on site.  The specific provisions on allocation of land / apartment resettlement will be set after consultation with 54 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons DPs, the local government by DCRC and approved by PPC. 1.3. Houses/structures 1.3.1. Partial impact 1.3.1.1. Owners of (i) Compensation in cash for affected structures at affected structures 100% replacement cost. If house/structure is Unaffected portion of the created before the cut- partially affected and the remaining structure is house is still viable for off date regardless of viable for continued use, the project will use and could be whether or not they have provide Repair Allowance (please refer item remained from the title to the affected land 3.2.1 of this entitlement matrix). technical viewpoints, or permit to build the therefore, require no (ii) Compensation and assistance will be paid in affected structure relocation. cash, without any depreciation of the structure and without deduction for salvageable (44 AHs) materials. (iii) The compensation is calculated according to the actual area affected. 1.3.2. Full impact 1.3.2.1. Owners of Compensation and assistances as applicable for sub- (including house is affected structures item 1.4.1.1 of this matrix. partially acquired by the created before the cut- project but no longer off date regardless of viable for continued use whether or not they have or the entire structure is title to the affected land acquired). or permit to build the affected structure (7AHs) 1.4. Grave and tombs Displaced graves or Household and  Compensation for the removal of graves/ tombs  Removal grave and tombs individual have to move will include the cost of excavation, relocation, tomb is 55 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons (12 AHs) the graves or tombs reburial and other related costs which are implemented created before the cut- necessary to satisfy customary requirements. The according to local off date regardless of the compensation amount will be determined by custom, so DCRC legal status of the land Provincial People’s Committee. should arrange compensation  Household and individual graves are considered payment for AHs at physical cultural resources (PCR) and even relevant time. though the costs associated with their relocation will be covered in the Resettlement Action Plan,  For ownerless the WB OP 4.11 on Physical Cultural Resources affected graves, should be triggered and relevant cross references PMU will sign a should be made to the Environmental and Social contract with an Management Plan or Project Operation Manual. independent unit for compensation and relocate them to new site. 1.5. Crops and Trees, 1.5.1. Loss of, or Owners of affected For annual and perennial standing crops, regardless  AHs to be notified livestock damage crops and/or crops and trees created of the legal status of the land, compensation will be at least 90 days trees before the cut-off date paid to households who cultivate the land, according before land regardless of the legal to full replacement cost will be paid to the affected recovery by the (973 AHs) status of the land persons who cultivate the land. For plants which Project. The crops have not been harvested yet but can be brought to which have been another location, the transportation cost and the cultivated after cut- actual damage due to the transportation and re- off date will not be planting must be compensated. entitled any allowances. 1.6. Other assets Loss of, or damage Owners/ users affected In the case of the affected households is equipped other assets assets created before with telephone system, water meter, electric meter, the cut-off date cable TV, internet access (subscription), well shall  Such as telephone 56 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons system, water meter, regardless of the legal be compensated according to unit price of installing electric meter, cable status of the land new units offer service announcement or relocation TV, internet access… costs due to service providers regulations 1.7. Public structures Loss of, or damage to Owners/ users affected  In cases where community infrastructure such as  For public assets assets created before schools, factories, water sources, roads, sewage structures directly the cut-off date systems, medical centers, related to people’s (18 commune/town) regardless of the legal distribution/transmission, communication and livelihoods and status of the land fiber cable are damaged and the community developmental wishes to reuse them, the PPC, PMU will ensure needs will be that these are restored or repaired as the case may carried out by the be, at no cost to the community. owners prior to the start of works.  Public infrastructure directly related to people’s livelihoods and developmental needs, such as irrigation canals, school, clinic, etc. will be (i) compensated at replacement cost, as determined through consultation with the affected community; or (ii) restored/rebuilt with quality equal to or higher than the pre-project levels. II. Allowances and Rehabilitation Assistance 2.1 For Impacts on Marginal loss (<20% of Land users: i) have  Allowance for Vocational Training, Job changing Agricultural Land land holding or <10% LURC or legalizable; and Job Creation: The maximum support will be for vulnerable group) and ii) contracted by the 05 times of agricultural land price of the same State and directly kind in the local land price list for the whole The remaining area of engaged in agricultural acquired area but not exceeding the limit of local affected plot is still production allocation. The level of specific support will be economically viable for determined by Provincial People’s Committee. use or meets the expected  Allowance for production rehabilitation: 57 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons personal yield. Households, individuals who are compensated by agricultural land will be, supported production (598 AHs) rehabilitation, include: Support for plant varieties and animal breeds for agricultural production, services such as agricultural/forestry extension, plant protection, animal health, cultivation techniques, animal husbandry and professional techniques for manufacturing, business and commercial services. Form and level of specific support according to the provisions of Provincial People’s Committee. Loss ≥20% or ≥10% for Land users: i) have Compensation and assistances as applicable for  Price of rice is the vulnerable groups LURC or legalizable; item 3.1.1 of this matrix. market price at time and ii) contracted by the of compensation (72 AHs) In addition, they also receive the following State and directly allowances:  PPC based on the engaged in agricultural actual situation will production Subsistence allowance (during transition period): in determine the level cash equal 30kg of rice per person per month, in of support. particular: (i) AHs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with compensation of 6 months if they do not have to relocate, and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (ii) AHs losing more than 70% of their agricultural landholding will be assisted at the above rate 58 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons for a period of 12 months if they do not have to relocate, and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided up to a maximum of 36 months; (iii) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. 2.2 For Impacts on Marginal impact Owners of affected  Reparation Allowance: If house/structure is Residential Land house/structure created partially affected and the remaining structure is  House/structure is before the cut-off date viable for continued use, the project will provide partially affected, the regardless of the legal a repair allowance to enable AHs to restore it to remaining can still status of the land former or better conditions. The level of specific continue to use support will be determined by Provincial (44 HHs) People’s Committee. Relocated AHs Households relocated to  Transportation Allowance to relocating AH: For another place or rebuilt AHs who move to new location will be financial (7 AHs) in the remaining land. assistance in cash. The amount will be determined by Provincial People’s Committee  House Renting Allowance in cash will be provided to AHs who may be forced to relocate from their original homes and are still awaiting the replacement land plots or apartments. The allowance amount will be determined by 59 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons Provincial People’s Committee.  Support for self-relocation: Relocated households which eligible for resettlement, but self- accommodation will be supported for investment in infrastructure for a minimum land plot /apartment in the project’s resettlement site. The specific level of support will be determined by Provincial People’s Committee.  Subsistence allowance: PAP who is relocated or rebuilt house on the remaining land area will receive subsistence allowance in the transition period. The amount will be determined by Provincial People’s Committee.  For households/individuals relocated by residential land acquisition that combines business: the project will be provided an allowance for vocational training and job creation according to the provisions of the PPCs for demographic in the working age. 2.3 Loss of Income Loss of Income and/or Owners of affected Allowance for production, business rehabilitation:  After-tax income is and/or business business because of production, business determined based (i) For businesses / households with business interrupted production, establishments, on financial registration will be compensated or supported. business employees statement audited or The maximum compensation/support is 30% of approved by tax (07 AHs) after-tax income of 01 years based on their authorities; in case average annual of the last three years which it has not been declared the tax authorities; audited or approved (ii) For households without business license but by the tax 60 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons have made their tax obligations will be entitled authorities, the to compensation equivalent to 50% of support determination of level for businesses/households with business after-tax income registration. will be based on after-tax income by Removal Support: Organizations and AHs that are the unit declared in allocated or leased land by the state or are lawfully financial reports using land and have to relocate their productive which submitted to and/or business establishments are entitled to tax authorities. financial support for dismantling, relocating and re- installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. Allowance for interrupted employment: Employees who worker in affected production, business establishments with labor contract will receive allowance equivalent to the minimum salary as per the regulations to affected employees during the transition period which can be for a maximum of 6 months. 2.4 For public land Land acquisition of Communes, wards and For land acquisition of public land funds of  Financial assistance public land funds of towns manage acquired communes, wards or townships: no compensation will be included in communes, wards or land for land must be made but support will be provided. the annual budget townships The maximum support is equal compensation for estimates of the land and will be determined by Provincial People’s CPC. It is used to (18 commune/town) Committee. invest construction of infrastructure 61 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons projects, used for public interest purposes of communes, wards and townships as stipulated in Article 24 of Decree 47/2014/ND-CP. 2.5 Other Allowance / Assistance Affected vulnerable  For landless households: assistance through  The vulnerable Allowances/ targeted to Vulnerable groups regardless level provision of an apartment that PAP can either pay groups were Assistances Households of impact in installment to buy or rent it for living identified in the (depending on the choice of the AHs). Additional “Glossary” part. (270 AHs) assistance will be considered if necessary to ensure the affected people have inhabited.  Social Policy Relocated Households that include heroic mothers, heroic armed force, heroic labor, war veterans, wounded or dead soldiers families will be provided with support as regulated by the (to be certified by local authority)  For poor households: apart from received allowanced as regulated for the affected ones, further allowance for vulnerable groups shall be also received as follows: a) Poor AHs who have to relocate or lose more than 10% of their agricultural landholding, poor AHs who lose less than 10% of their land but such land area is not enough to continue cultivation: will be assisted in cash equal to 30kg 62 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons rice/person/month for a period of 24 months or in accordance with provincial policy; whichever is higher. b) Other poor AHs: will be assisted in cash equal to 30kg rice/person/month for a period of 6 months or in accordance with provincial policy; whichever is higher.  Other vulnerable groups: Female headed households with dependents, household with disabled persons, elderly without any source of support, poor households and ethnic minority households will get the same support given to poor households in accordance with the provincial policy or assisted in cash equal to 30 kg of rice per person per month for 6 months; whichever is higher. Incentive Bonus AHs move out of the Incentive Bonus: All AHs who vacate the affected affected areas on time land immediately after receiving compensation and allowances will be given an incentive allowance depending on capacity of each locality. Additional  AHs who will lose income sources will be  Income and allowances/supports (if entitled to take part in Income Restoration Livelihood necessary) Programs. Rehabilitation measures like Restoration agricultural extension services, job training and Programs will be creation, credit access and/or other measures as designed in appropriate will be given to AHs losing income combination with sources to ensure their livelihood could be current programs of the locality and with 63 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons restored to the pre-project level. the assistance of livelihoods experts.  Apart from the assistances mentioned above, based on the actual situation, the Project may  The programs will consider other assistances to secure life target the needs of stabilization, culture, production and livelihoods both men and of AHs. women. III - TEMPORARY IMPACTS DURING CONSTRUCTION 3.1 For temporary Temporary loss of Owners/ users affected  In case the project need temporary construction loss of land/assets land/assets on affected land and/or assets plan, the PMU rents the land of the owners on affected land land created where to be complying with regulations stipulated by the used as temporary Civil Law. construction plan 3.2 For impact arising Damages caused by Owners/ users affected  Damaged property will be restored to its former  In case of impacts from the construction contractors to private or land and/or assets condition by contractors, immediately upon on livelihoods of public structures created on affected completion of civil works AHs, the land contractors,  Under their contract terms and conditions, the construction units contractors will be required to take extreme care have to agree with to avoid damaging property during their the households on construction activities. Where damages do occur, payment for the contractor will be required to repair the disruption of damage and may also be required to pay business. 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 64 Application Implementation Type of Loss/Impacts Entitlements Arrangements Level of Impact Eligible Persons IV. OTHER IMPACTS 4.1 Other impacts Any other impacts that Individuals,  In case the Project causes restriction of access to may be identified organizations in the resources or residents’ establishments, such during implementation project area households will be received necessary additional compensation amount or allowances.  Entitlements to compensation and other assistance could be provided in accordance with the compensation policy.  Secondary impacts on production and business or AHs isolated from access to resources temporarily have to be compensated and supported in accordance with OP4.12 of WB. 65 7. ELIGIBILITY CRITERIA AND ENTITLEMENTS 7.1. Affected People (AP) 133. Project affected people are those who are directly affected by the Project through the loss of land, residences, other structures, business, assets, or access to resources, specifically:  Persons whose agricultural land will be affected (permanently or temporarily) by the Project;  Persons whose residential land/houses will be affected (permanently or temporarily) by the Project;  Persons whose leased houses will be affected (permanently or temporarily) by the Project;  Persons whose businesses, agricultural activities, occupations, or places of work will be affected (permanently or temporarily) by the Project;  Persons whose crops/ trees (annual and perennial) will be affected in part or in total by the Project;  Persons whose other assets or access to those assets will be affected in part or in total by the Project; and  Persons whose livelihoods will be impacted (permanently or temporarily) due to restriction of access to protected areas by the Project. 7.2. Identification of Vulnerable Groups Or Households 134. According to the definition of vulnerable group/household in the Project’s Resettlement Policy Framework and the definition of beneficiaries of social sponsorship in Decree No. 67/2007/NĐ-CP dated 13th April 2007 and the Decree No. 13/2010/NĐ-CP dated 27th February 2010 by the Government on support policies for beneficiaries under social sponsorship, the Project’s vulnerable HHs/groups shall include:  Women-headed households (without spouse, widow or inability to work) with dependents;  The disabled (unenable to work), the alone elderly;  Poor and near poor households as identified by MOLISA and according to local regulations;  Poor landholders that have limited productive land (this will be determined by the minimum amount of farm land needed to be a viable farmer in the project area);  Ethnic minority Households (if any);  Mentally and physically handicapped people or people in poor physical health; infants, children and women without assistance;  Poorest women-headed households or women-headed households with no other support;  Other PAP identified by the project management unit and who may not be protected through national land compensation or land titling; or  Any additional groups identified by the socio - economic surveys and by meaningful public consultation. 135. These are special groups that may suffer from inappropriate impacts or are exposed to the risks of further impoverishment from resettlement. Hence, the Compensation Board and the Project Management Unit, during the process of devising compensation, assistance and resettlement methods, must co-operate with the People's Committees of ward/communes to survey and update the list of vulnerable groups or HHs in order to provide timely and proper assistance. 66 7.3. Eligibility 136. The eligibility for entitlement to compensation is determined by asset ownership criteria as follows: (i) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country. In the consideration of such cases, it is also useful to document how long AHs have been using the land or the assets associated with it); (ii) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through a process identified in the RAP; (iii) Those who cannot legalize the right to land use in accordance with Vietnamese laws or have no recognizable legal right or claim to the land they are occupying. 137. Persons covered under item (i) and (ii) are provided compensation for the land they lose, and other assistance as regulated in the Resettlement Policy Framework. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (i), (ii), or (iii) are provided compensation for loss of owned or used assets other than land. 138. As defined, a cut-off-date is the date that a State competent agency issues the announcement of land acquisition before detailed measurements (Point 1, Article 67 of 2013 Land Law). However, to build a basis for designing this RAP, 30th March 2017 (completion date of IOL) is defined as the temporary cut-off-date to identify the extent of impact due to land acquisition. AHs and local communities have been informed about this cut-off date and information related to the Project so that they can work out their own production/investment/construction plans, avoiding damages or losses otherwise caused by a lack of information on the Project. 7.4. New household after the Cut-Off Date 139. Those households splitting from larger families after the cut-off-date who meet the following conditions shall be recognized as eligible AHs: (i) Households with multiple generations or many couples living together on a plot of acquired land who are eligible to separate households; (ii) Endorsement by the District authority with verification of commune People’s Committee that the household has split; (iii) Newly born children, spouses of persons named in the household registration books, people who have completed military service, and people who have just returned from schools to live with the AHs from the cut-off date to the date of compensation payment will be entitled to compensation and support outlined in the Resettlement Policy Framework. 140. In case the GoV regulations will be changed and there will be some entitlements, which are better than the ones described in the RPF, these better entitlements will be applied for the affected people (if possible). 8. RESETTLEMENT 141. According to the resettlement survey (IOL) results, the implementation of the first 18-month priority items in Binh Dinh will require relocation of seven (07) households. In which, 02 households will be relocated by upgrading of Downstream dyke of La Tinh river, Phu My district; 03 households by Thu Tinh dyke and 02 remaining by Kon river dyke, Lai Nghi hamlet, Binh Nghi and Binh Hoa communes. 67 142. During RAP preparation, these 07 households were surveyed and interviewed, that they indicated their broad supports of the project and willing to relocate. They preferred project to allocate the them land plots in the local resettlement sites. 143. As agreed, new project resettlement site will not be built by the Project due to small number of relocation. However, these relocated households will be allocated with plots of land by the local district authorities with the allocation limit in accordance with the local authorities’ regulations (average from 150-200m2/plot). 9. LIVELIHOOD RESTORATION PROGRAM 9.1. Income Restoration and Assistance Policies 144. The objective of income restoration program is to aid subjects-households incurring income damages due to project implementation: (i) changed occupations because of loss of agricultural land and (ii) terminated/affected production and business as a result of loss of premises, means of production. Incomes shall be recovered the same as those before project implementation, or incomes shall be increased further and make sure that AHs will adapt themselves to new conditions at the soonest. 145. The project ensures full compensation and assistance policies at replacement cost for the affected land, buildings and assets. Besides, policies to support income restoration for those AHs are guaranteed and stated fully in the Resettlement Policy Framework of the Project. 9.2. Income Restoration Measures 9.2.1. Subsistence support 146. Households affected by loss of agricultural land, will be supported 3.5 times (350%) of agricultural land cost for the entire acquired agricultural land area. 9.2.2. Vocational training 147. Through consultations with the commune authorities in the project area, currently, the project communes/wards are organizing training courses on agricultural development programs which are co- organized to develop by Agricultural Extension Center, the cooperatives and the Divisions of Labor, Invalids and Social Affairs of the districts. Hence, the income restoration program for affected households due to the loss of agriculture in the project area will be proposed in combination with the local vocational training programs for rural workers. 148. The project will open 15 training class on agriculture and knowledge about cattle caring and disease prevention and technology transfer about industrial trees. Accordingly, 03 separately classes will be held for more than 100 women. 149. In addition, the program will be applied to those who in the working age are directly affected on agricultural production and have the demands for vocational training, job changing, employment services, job creation loans under Decision 52/2012/QD-TTg of the Prime Minister. 9.2.3. Employment services 150. The project will prioritize children of displaced households who are workers during construction of work items. 151. Support for domestic job creation: Consulting services on apprenticeship, employment services will be provided free of charge at the Employment services Center directly under Binh Dinh Department of Labour - Invalids and Social Affairs; 30 women are provided with jobs in terms of the production line of components in local industrial zones. 152. Support for contractual abroad working: - Support 100% tuition fee of vocational training and learning foreign languages and fostering necessary knowledge; 68 - Support 100% of costs for heath examination, passport, visa and judicial records before going to work abroad; - Support for daily meals during the studying time; - Support for round-trip tickets from residence to the studying place in a distance of over 15km; - Also, support loans with preferential interest rates from the Bank for Social Policies to cover the necessary expenses for fixed-term abroad working. 153. Job introduction: The Project will give priorities for capable people, including men and women, during the project construction and operation: The Project will take into account and give priorities to members of relocated households to work as construction workers for the work items under the project. In addition, Binh Dinh province also has job introduction centers directly under Binh Dinh Department of Labor, Invalids and Social Affairs which are operating very effectively in training and job introduction for workers in the province. Namely, Binh Dinh Job Services Center. 154. Implementation arrangements: Parallel to the dissemination of information on projects, disclosure and publicly posting information relating to compensation and assistance and resettlement (if any) and site clearance, the Project will also incorporate to disseminate information on training programs to affected persons. 9.2.4. Support for Vulnerable Groups 155. Surveys showed that there are 270 vulnerable households, including 97 poor households, 05 policy households, 01 elderly household and 17 female headed households with dependents. There are 02 separately training for held for vulnerable households with 82 participants. These are special groups that might suffer disproportionately impacts or might suffer risks of impoverishment due to impacts of resettlement. The group includes poor households, policy families, families deserving for the revolutions, the single elder and woman-headed households with dependents. They may be people who can hardly be competitive on the labor market when their livelihoods depend on the land area acquired/affected by the project. Therefore, the special support programs for these groups should be carried out. These programs may coincide with the general assistance programs to all households affected by the project but there are certain priorities for vulnerable households. Specific support policies include: - Giving priority to vocational training or job creation. - Food or material assistance for extremely disadvantageous households without labor capacity (combined with the social welfare policies of locality) o For poor households: in addition assistance as regulations, households affected with land will be assisted as follow: (i) Poor households have to relocate, poor households lose more than 10% of production land area, poor households lose less than 10% of land area, but remaining land area is insufficient for cultivation: will be assisted in cash, equivalent to 30kg of rice/person/month within 24 months or as policies of the province, higher assistance level will be applied; and (ii) Other affected poor households: assisted in cash, equivalent to 30kg of rice/person/month within 6 months or as policies of the province, higher assistance level will be applied. o Other vulnerable groups: Households with women-headed, households with the disable, elderly without support sources and ethnic minority households will be additionally assisted seeds as poor households in accordance with the province’s policy or assisted in cash equivalent to 30kg of rice/person/month within 6 months, higher assistance level will be applied. 9.2.5. Loan support 156. In the recent years, the Vietnam Bank for Social Policy (VBSP) - Binh Dinh provincial branch regularly coordinated with other agencies, political and social organizations implementation of credit programs to provide preferential loans to poor households and other policy objects. With the 69 situation, many households have escaped from poverty and thus Binh Dinh is experienced with prosperous change and development. 157. Currently, 05 credit programs have been carried out by Binh Dinh social policy bank, including: loans for poor households, job creation, labor export, special loans for student, clean water- rural sanitation. In addition, there are loan programs for production development, program 135, loan as the program 22 of the GoV, loan for maintenance, repairing of irrigation works and so on. 158. During the implementation of income restoration program, the district compensation council and specialists in resettlement, income restoration and gender will carry out re-consultation with AHs, especially female headed households, vulnerable households to ensure adequate and full implementation. During the period, all female headed households and women in AHs will be specifically consulted through consultation meeting, group discussion and in-depth interview on income restoration measures: methods for cultivation, breeding or loans for production and manufacturing, etc., in line with demands of these households. 159. To maximize the efficiency of the program, the communication of the project to the people will be further implemented to provide project information as well as income restoration programs during the project implementation and following resettlement phases. In addition to the above- mentioned measures, Binh Dinh PPC will take additional support measures (if necessary) to assist households affected by land acquisition to help them with income restoration. Table below summarizes IRPs for AH by EFRD project- Binh Dinh subproject. Table 20: Income Restoration Program for AHs No. IRPs Participants Implementation Implementation Plan Agencies 1 Support for vocational Households are Site clearance Quarter III/2017 training and vocational affected with Compensation guidance by cash agricultural land and Committee or districts forestry land LFDC 2 Training on All affected households Agricultural Extension From Quarter III/2017 development of Center, the – Quarter III/2018 agricultural, livestock cooperatives and the programs Divisions of Labor, Invalids and Social Affairs of the districts 3 Employment services All affected households Employment Service From Quarter III/2017 Center of Binh Dinh – Quarter III/2018 province 4 Support for vulnerable - Poor households Site clearance Quarter III/2017 households Compensation - Policy households Committee or districts - EM households LFDC - Households with the disable - Elderly households - Female headed households with dependents 5 Loan support All affected households Social Policy Bank of From Quarter III/2017 Binh Dinh province – Quarter III/2018 70 9.3. Cost estimate Income Restoration Measures 160. Results of consultations with affected households showed that households will continue to produce on the remaining land area and shared the opinion that the Project should: (i) support households to stabilize their living standards; and (ii) study proper compensation and support plan so that AH will not be suffered from disadvantages. For 72 severely affected households who lose 20% of their agricultural land area for the subproject’s items implementation during the first 18 months. when being asked Survey about people’s needs/desires/ job options after land acquisition, results gathered are as follows: i) 66 households want to be supported with capital and farming methods to continue their cultivation on the remaining land area; ii) 14 households wished being assisted in vocational training and employment services supply for working-age members who haven’t had any stable job; iii) 2 households requested to be provided with loans to do business. 161. The total cost estimate of income restoration program for AHs by Binh Dinh Subproject is about 571,200,000 VND equivalent to 25,163 USD. This budget will be from counterpart fund provided by Binh Dinh PPC. Table 21: Cost estimate for Income Restoration Program for AH Time USD (1 USD = No Action Unit Qty Unit cost VND (Month) 22,700 VND) Agriculture 1 180,600,000 7,956 component Training class Class 15 3,000,000 3 135,000,000 5,947 Support from Agriculture Staff 1 7,600,000 3 22,800,000 1,004 Extension center Support from Staff 1 7,600,000 3 22,800,000 1,004 Farmer's Union 2 Training component 315,600,000 13,903 Short term training Class 15 3,000,000 6 270,000,000 11,894 (6 months) Support from Vocational Training Staff 1 7,600,000 6 45,600,000 2,009 Center 3 Seminars session 15 5,000,000 75,000,000 3,304 4 Total 571,200,000 25,163 10. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE 10.1. Objectives of Public Consultation and Information Disclosure 162. Disseminating information to people affected by the project and the involved agencies is an important part in the work of project preparation and implementation. The consultation with affected persons and their active participation will reduce the potential conflict and risk of slowing the project. This allows the project to design a resettlement and rehabilitation program as a general development program, in accordance with the needs and priorities of affected people and therefore, maximizes 71 economic and social efficiency of investment. Objectives of the information disclosure and public consultation include: a) To ensure that all affected persons and stakeholders will be involved in the planning and making decisions on involuntary resettlement related to them; b) Minimize the adverse impacts caused by involuntary resettlement; c) Avoid possible conflicts during project implementation. 163. The AHs need to be fully informed and consulted closely on selected areas for resettlement and compensation and assistance plans. Consulting affected persons is the starting point for all activities related to resettlement. People affected by resettlement may fear that they might lose their livelihoods and communities, or fear they do not prepare well for the complex negotiations on entitlements. AHs will be involved in the Resettlement Action Planning and management to help decrease fears and give opportunities for them to participate in making decisions on what will affect on their lives. The implementation of resettlement without consultation may lead to an inappropriate strategy and ultimately ineffective. If the affected person is consulted promptly, all conflicts related to the project can be resolved timely. 164. The following points should be focused on encouraging the relevant agencies involved in the consultation process of the Project: a. Identify and encourage all relevant agencies, and especially the affected persons participate in the consultation and participation; b. Develop strategies for relevant agencies to participate in the planning, monitoring, implementation and evaluation; c. Explain the strategy and details for the dissemination of information, and establish procedures to allow the affected persons to negotiate their entitlements; d. Attractive relevant agencies to participate in making decisions at different stages of project implementation (e.g. compensation mechanism, consulting the affected persons is consult about the compensation progress and implementation, etc.); e. Set up a schedule for activities such as providing information, compensation level and the method and establish interests, location and relocation plan; f. Establish grievance redress procedures. 10.2. The Process of Consultation and Participation 165. Responsible agencies: AHs will be notified by Binh Dinh PMU on the responsibility of organizations/ agencies and local authorities in charge of resettlement and the names and functions of the local government staff along with numbers telephone, address and working time. 166. Implementation process: The AHs will be notified of the process estimated important resettlement activities and building can only begin when the relocation is implemented and finished and the affected persons have to get out of the project area. It is necessary to emphasize that after receiving compensation for their lost property, AHs will soon relocate as stipulated. The LFDCs at all levels will be provided with maps, diagrams and statistics concerning the extent of impacts and the implementation plan. 167. Disclosure of information: The RPF will be posted for affected persons and community in public places such as Binh Dinh PMU, District/City/Ward/Commune People's Committees and even at the community household of the residential area. 168. After RAP approved by the PPC, RAP will be disseminated in public places such as Binh Dinh PMU, the District/City/Ward/Commune People's Committees, and on the website of the World Bank in Hanoi and Washington D.C. 72 10.3. Public Consultation 169. During the project preparation, information disclosure and public consultation aims to collect information to evaluate resettlement impacts by the project and give out recommendations of optimal options. This will minimize or eliminate potential negative impacts on the local residents and cope with problems arising during the implementation process. 170. The methods of information disclosure and public consultation include participatory rural appraisal (PRA) and consultation with stakeholders through visits to affected households, public meetings, group discussions, focus group discussion and socio-economic survey. 10.3.1. Public Consultation during the Preparation Phase 171. During project’s preparation stage, information disclosure and public consultation aim to gather information for assessing project resettlement impacts and clarify recommendations on possible alternative technical options. This will reduce and/or mitigate potential negative resettlement impacts on local population and to proactively address issues or problems that may emerge during the implementation. AHs have been consulted on the impacts and measures taken to minimize the negative impacts and enhance the entitlements to the community. Local authorities have also been advised of agreements and commitments to implementing the resettlement policy. 172. Binh Dinh PMU, with the assistance of resettlement consultants, conducted consultations on compensation and resettlement with relevant stakeholders, including officials from the ward/ commune People's Committees, the leaders of the hamlets and the local population in the affected area. 173. Prior to the survey, Binh Dinh Agriculture and Rural Development PMU had a meeting with the ward / commune leaders to inform the project implementation and to carry out socio-economic surveys and preliminary inventory of loss (IOL), then require the local authorities to coordinate with the proposed activities. 174. After survey and consulting, consultant team had a meeting with the local authorities to report all survey and consultancy results. At the same time, consultants collected relevant information, advantages and disadvantages, lessons, and recommend measures for the Resettlement Action Plan and establish follow-up indicators and continue to implement in the next phase. 175. In early March 2017, consultants sent documents to Communes People's Committee in the project area for localities to inform the affected households in the project area to participate in public consultation meetings. These meetings were implemented in the communes/wards at which works were implemented in the first 18 months to inform and consult with local people and communities on project policies and households’ entitlements. Consultants pay special attention to women’s participation to ensure the voice of women during the project implementation. Women accounted for 40% out of the participants in the community consultation activities. 176. Consultants conducted 17 public consultation meetings in project communes in Phu My, Phu Cat, Hoai Nhon, Hoai An, Vinh Thanh and Tay Son districts in March and April/2017. Participants of the consultation meetings include representatives of local authorities and organizations (Farmers' Association, Women's Union, Fatherland Front, Youth Union and representatives of affected households in the project area); representatives of PMU and technical consulting consultants, with total 375 participants, including 157 females. 177. The main contents of the public consultation are: (i) introduction of the project (objectives, location, scale and implementation plan, technical design options of the project and policies related to compensation, assistance and site clearance/resettlement by the Government of Vietnam, the World Bank and the Project. 178. The results of public consultation meetings with local people in the project area showed that people in the project area residents are more active in expressing their opinions on the implementation of project items. Results of the public consultation meetings with the local people showed that in the 73 project area, people actively expressed their opinions on implementation of the project items. Consultation results are shown in the following paragraph:  Firstly, local authorities and local people support the project implementation and expect the project to be implemented soon. Current, dykes/embankments along Kon, La Tinh and Can rivers are being severely eroded, affecting directly to households living and cultivating along riverbank and the public works of localities.  Secondly, authorities and local people wish the project to be implemented soon to avoid flood season at locality (floods usually occur in August and September and October).  Thirdly, authorities and local people suggest the construction works construction should be paid attention to crops harvesting time of local people to minimize damage.  Fourth, local authorities and local people expect the contractor unit to inform the plan and project implementation progress so that the AHs are informed to arrange suitable crops.  Finally, local people expect to be received fully, disclosed information about compensation and assistance policies to households so that they are informed the compensation plans and have the opportunity to choose. 179. After the survey, the meeting with the local authorities for reporting on all survey/consultation results were organized. At the same time, other related information, advantages and disadvantages, experience lessons and proposed measures were discussed and addressed in the Resettlement Action Plan and established monitoring index and continue implementing at next steps. 10.3.2. Consultation during the Project Implementation 180. During the project implementation, the PMU, with the support from the Consultant, shall undertake following tasks: (i) Providing information to relevant agencies at all levels throughout training workshops. Provide detail information on the project policies and implementation procedures. (ii) Organizing information dissemination and consultation to all affected persons during the project implementation. (iii) The CRC carries out DMS, updates the compensation rates in the updated RAP and reconfirms the scale of land acquisition and impacts on properties based on the results, consultation to affected persons, develop and complete the compensation plan for each affected household. (iv) The compensation plan finalizes affected assets and compensation entitlements of households, which must be signed by affected persons to demonstrate their concurrence with the evaluated results. Any questions of affected persons on the content of the compensation plan must be recorded at this time. (v) A letter/questionnaire about resettlement options will be given to all AHs entitled to relocation (a) to inform them about resettlement options (a clear explanation of the consequences of choosing each option will be given), (b) to request that AHs confirm their choice of resettlement option and their preliminary confirmation of resettlement site location, and (c) to propose the AHs to clarify services that they are using such as education/health/market and distance of access to those services to ensure development of the future infrastructure services. (vi) Consulting affected people about their desires for the rehabilitation plan. This will be applied for severely affected and vulnerable people. The DCRC will notify affected persons the plan and their entitlement to receive technical assistance before requesting them to make clear their desire on the rehabilitation support. 181. Public Consultation: During the preparation of the detailed compensation plan/training and job changing plans, Binh Dinh PMU or City/District CRC will organize community meetings at each 74 affected commune to provide the AHs with additional information and give them an opportunity to participate in the open discussions on resettlement policy and procedures. Invitations will be conveyed to all affected persons before the meeting is held in such place. The purpose of this meeting is to clarify the information updated at the meeting time and create opportunities for affected people to discuss the concerned issues and clarify information. In addition to notification letters addressed to affected people, other measures of information dissemination to them and the public in general like posters in prominent places in the headquarter of communes/districts where the affected people are living by means of local radio and newspapers. Both men and women of affected households as well as community members who are interested in the Project are encouraged to participate. In the meeting, there will be explanations about the Project, rights and entitlements of households, and the meeting will be an opportunity to raise related questions. Similar meetings will be organized periodically throughout the project cycle. The consulting organization must be established record of certified CPC committee representing Vietnam Fatherland Front and communal representatives who have acquired land. 182. Public meetings: Prior to the beginning of the detailed design, a public meeting will be held in each ward/commune to provide AHs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected commune. A letter of invitation will be sent to all AHs before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide AHs with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the PAP, other means will be used to inform AHs and the public such as posters in prominent locations in the communes and wards where AHs are currently residing. Radio and newspapers will also be used to convey information and elicit response. These announcements and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected households will be encouraged to attend, as well as other interested community members. The meeting will explain the Project, and households’ rights and entitlements. There will be opportunities to ask questions. Such meetings will be conducted periodically during the Project implementation. 183. Relevant information will be given to the AHs at the meetings (verbally, graphically, and/or on printed leaflets). Leaflets will be available at offices of the project district/city/commune/wards. The meetings are proposed to be implemented according to the following forms: (i) Explanations given verbally and in visual format, including written information and drawings of the proposed design for the different works supported by the Project. (ii) Adequate opportunities will be provided for AHs to respond with questions and comments. AHs will be encouraged to contribute their ideas for AH rehabilitation options. (iii) District/City LFDCs will establish a complete list of all AHs present at the meetings. (iv) District/City LFDCs will make a complete record of all questions, comments, opinions and decisions that arise during the information/consultation meetings, and present a report of all the meetings to Binh Dinh PMU. 184. The following information will be given to AHs: (i) Project components and sub-projects. This includes the places where they can obtain more detailed information about the Project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project, including explanations about the need for land acquisition for each project. (iii) AHs rights and entitlements. These will be defined for AHs. A cut-off date will be announced to establish eligibility. The rights and entitlements for different impact on AHs, including the entitlements for those losing businesses, jobs and income will be explained. Available options include for land-for-land and cash compensation, options regarding reorganizing and individual resettlement, provisions and entitlements to be provided for each 75 AH, entitlement to rehabilitation assistance and opportunities for project-related employment will all be discussed and explained. (iv) Grievance redress mechanism. AHs will be informed that the project policies and procedures are designed to ensure their pre-project living standards are restored. AHs will also be informed that if there is any confusion or misunderstanding about any aspect of the Project, the resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. AHs will receive an explanation about how to access grievance redress procedures. They will be given information with details of which office to contact and local contact points for grievance redress. (v) Right to participate and be consulted. The AHs will be informed about their right to participate in the planning and implementation of the resettlement process. The AHs will be represented in District’s resettlement committees, and the representative for the AH will be present whenever commune/district/provincial committees meet so that their participation in all aspects of the project is assured. (vi) Resettlement activities. AHs will be given an explanation regarding compensation calculations and compensation payments; monitoring procedures which will include interviews with a sample of AHs; relocation to an individual location/self-relocation; and preliminary information about physical works procedures. (vii) Organizational responsibilities. AHs will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the government officials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. AHs will receive the proposed schedule for the main resettlement activities and informed that physical works will start only after the completion of all resettlement activities and clearance. It will be clarified that they will be expected to move only after receiving full payment of compensation for their lost assets. Implementation schedules and charts will be provided to resettlement committees at all levels. 185. Project Leaflet. A Project Leaflet providing project information will be prepared and handed out to the AHs in the project preparation and implementation stages to ensure that the people are aware of the project benefits. The project leaflet will provide detail of the compensation and assistance policies mentioned in this RPF to propose social impact mitigation measures in case of land acquisition and site clearance by the sub-project. 10.4. Information Disclosure 186. As requested by WB, a Resettlement Action Plan of the Subproject was disclosed in Vietnamese at local level, especially in the office of Binh Dinh PMU of Agriculture and Rural Development, the district/city/ward/commune people’s committees, Binh Dinh province’s portal on June 19, 2017 and on the Bank’s website on June 20, 2017. 11. GRIEVANCES AND REDRESS MECHANISM 11.1. Responsibility 187. The agencies are responsible for carrying out the process for settling complaints, questions during the implementation of site clearance compensation including the CPC, the Department of relevant departments, the site clearance compensation council all levels, the local People's Committee which was affected by the project and the organization in charge of compensation and ground clearance for the construction project as well as Binh Dinh PMU. Depending on the functions and responsibilities of each level, the mechanism for settling complaints and queries of the affected households will be defined according to the legal documents issued by the State. 76 188. To ensure the affected households can present complaints related to compensation, support and resettlement, detailed complaint procedures will be established for the project. The objective is to address the complaints of affected households rapidly and right process. The mechanism will be designed to be simple, straightforward, fast, open and fair. By resolving complaints at each project level, project implementation schedule will certainly be more effective. Those who have land recovered if not agree with the decision on compensation, assistance and resettlement can present complaint in accordance with the law. 189. The grievance redress with the decision of compensation and assistance, clearance and resettlement with responsibility for redressing grievances, validity and procedures for settling complaints shall comply with the provisions of Article 204 of the Land Law 2013, articles 89 and 90 of Decree No. 43/2004/ND-CP dated 15May 2014 of the Government of Vietnam on the implementation of the Land Law. 190. Cases related to administrative decisions on land management will comply with procedures to address grievances, complaints, recommendations on civil enforcements set forth in 2011 Law on Complaints and Circular No. 02/2016/TT-BTP dated 01 February 2016 of the Ministry of Justice. 11.2. Grievance Redress Mechanism 191. All inquiries and complaints from complainants on the right of compensation, compensation policies, compensation rate, land acquisition, resettlement and the related entitlements related to restoration programs will be recorded and processed by the competent authorities. Local social organizations such as the Fatherland Front, Farmers' Association, Women’s Union, Reconciliation Council, etc. are mobilized to participate actively in the process of reconciliation and resolution of complaints and inquiries from complainants. 192. The grievance procedures consist of four steps as follows: Step 1: The aggrieved affected household can bring his/her complaint in writing or verbally to any member of the Commune People’s Committee, either through the Village Chief or directly to the CPC. It is incumbent upon said member of CPC or the village chief to notify the CPC of the complaint. The CPC will meet personally with the aggrieved affected household and will have 30 days and maximum of 45 days following the lodging of the complaint, depending on complicated case or distance, to resolve it. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles. Land fund development center and/or ward/commune People’s Committees shall be responsible for settling these complaints within 30 days from receipt of the complaints from complainants. For complicated cases, the redressing time may be longer but must not exceed 45 days from the date of receipt of the complaints. Step 2: If complainants are unsatisfied with judgment of the LFDC and/or Ward People’s Committee, they can send their grievances to the District People’s Committee Deputy Chairman of the city council chairman clearance organizations responsible for consideration and settlement of complaints of people affected with the participation of relevant agencies are participating menu board. Time to settle complaints by the Board of clearance is within 45 days of receiving the complaint. For complicated cases, the processing time may be longer but must not exceed 60 days from the date of receipt of the complaints and complaints. In the case of complaints by complainants beyond the competence of the Council of clearance, the Council will report to the city People's Committee for resolving, simultaneously notify the complainants to know. City Resettlement Council (CRC) is responsible for working with the agencies of the City/District People’s Committees to resolve complaints by people affected within 15 days. Upon receipt of the settlement of the city People's Committee, the commune/ward PCs are responsible for the fulfillment of its notification to the complainants. In the case of complaints by people affected beyond the competence of the Council of clearance, the Council will report to the city People's Committee resolved, simultaneously notify the affected know. 77 City Resettlement Council (CRC) is responsible to work with the agencies of the City/District People’s Committees to resolve complaints by people affected within 15 days. Upon receiving the opinion of the Committee resolved to Commune/Ward PCs are responsible to notify the complainants of settlement results. Step 3: If the AHs still do not satisfy with the decisions of the PPC on their appeals they can submit their cases to the district courts for review within 15 days since they received decisions from Binh Dinh province. PPC is responsible for directing City Resettlement Council (CRC) and the relevant agencies of the city resolved within 45 days of receiving the complaint PPC. PPC shall notify the complainants of settlement results. Step 4: If the complainant is still dissatisfied with the decisions of the PPC, the complainant can bring to the provincial People's Council or to the Court to be resolved according to law. In fact, according to the Law on Complaints 2011, complainants may submit to the court at any given time if they want. Where the complainants send a complaint to the City People's Council, the People's Council will direct the City/District People’s Committees to consider and settle the complaint. Dur ation resolve complaints within 45 days from the date of the City People's Council received a complaint. Pending the settlement of complaints, including the resolution of disputes in court, the people affected must hand over the site to the project on schedule. Compensation, support amount will be deposited in a commercial bank account 193. The agencies responsible for complaints and resolve complaints during site clearance and compensation are City/District People’s Committees, relevant departments. CRC at all levels and communes/ wards PCs affected by the project. All records of complaints and resolving complaints related agencies are stored at the LFDC and Binh Dinh PMU. Binh Dinh PMU is responsible for updating the list of complainants and status of complaints expressed in the internal monitoring reports. 12. IMPLEMENTATION ARRANGMENETS 12.1. Institutional Framework 194. The implementation of resettlement activities requires the involvement of agencies and organizations at national, provincial, district and commune levels. The PC of each Province engaged in the Project will take overall responsibility for the implementation of the general resettlement policy framework and specific Resettlement Action Plan of the sub-project of the province. LFDCs will be established at provincial/district levels in compliance with provisions of Decree No. 47/2014/CP. The provisions and policies of the RPF and the RAP will form the legal basis for the implementation of compensation and resettlement activities of the subproject. Agencies in charge of land acquisition and resettlement include: o Binh Dinh PPC o District/City PCs o Binh Dinh PMU of Agriculture and Rural Development o District/City LFDC o People’s Committees of project wards/communes; o Representatives of community and AHs; o Independent Monitoring Agency/Unit/Individual 195. The compensation and support for affected people are carried out within 30 days since the date of receiving the decision on land acquistion. The Compensation and Resettlement Committee will pay compensation for households with presence and agreement of both husband and wife of the 78 affected households. As for households compensated with houses and opted to relocate in the resettlement site, the District Division of Natural Resources and Environment will carry out measurement and freely provide land use right certificate for households within 2-4 weeks. 12.2. Responsibilities of Relevant Agencies 12.2.1. Binh Dinh PPC 196. Binh Dinh PPC is responsible to or authorizes the District/City PCs to establish and direct the Appraisal Board in accordance with the Project’s demands. Binh Dinh PPC or the District/City PCs (if authorized) shall be responsible for: (i) Approving the Resettlement Policy Framework (if authorized by the Government); (ii) Issuing announcements or authorizing the district/city PCs to announce information on land acquisition when the Sub-Project location has been selected; (iii) Appraising and approving RAP after their final draft is approved by the Bank; (iv) Approving land acquisition and allocation in the Project; (v) Making final decision and releasing unit prices of compensation and assistance rates, and support policies towards AHs and vulnerable groups on the basis of the Resettlement Policy Framework and the approved RAP; (vi) Directing the coordination among concerned agencies and provincial departments to implement compensation, assistance and resettlement in accordance with the approved RAP; (vii) Fully funding resettlement activities; (viii) Ensuring that the resettlement activities of the Sub-Project comply with the Policy Framework and the approved RAP; (ix) Considering resettlement locations for AHs, if requested. 12.2.2. Binh Dinh PMU of Agriculture and Rural Development 197. Binh Dinh PMU is responsible for implementation of RAP of the Subproject. Accordingly, the project staff who are qualified and experienced will be appointed or assigned to take responsibility for environmental and social safeguards under the Subproject. They will be involved in training courses in relevant policies and procedures since the first stage of implementation. The list of personnel and their CVs as well as the above-mentioned training programs should be agreed and approved by the WB. In detail, responsibilities of Binh Dinh PMU include: (i) On behalf of the Client or city to assign the specialized officials in charge of implementing and monitoring resettlement activities in line with the Subproject under the management of the PPC or DPC to prepare plans, coordinate and monitor the RAP; (ii) To prepare and/or update RAP in accordance with the approved Resettlement Policy Framework and submit it to the PPC/City PC and WB for approval before deploying the approved RAP; (iii) To guide all resettlement activities in the project city/wards/communes in conformity with the policies and guidelines of the RAP; (iv) To establish model procedures/processes regarding information disclosure and relevant consultation organization such as sending a monthly notification to the communities on the Project activities; to coordinate other agencies involved in the RAP, implementing and monitoring resettlement activities; (v) To check and advise the PPC on the compensation rates of land and other assets in coordination with other related government departments and agencies of the Province, based on the principles of the approved Resettlement Policy Framework; 79 (vi) To coordinate, supervise, and monitor the implementation of resettlement activities in the Project; (vii) To establish a contact mechanism to ensure suitable technical assistance and logistics for the implementation of compensation and resettlement; (viii) To set up database criteria on AHs for each component as well as for the entire Project; (ix) To establish procedures on internal monitoring to supervise the compliance with the project policies; (x) To establish procedures on monitoring coordination between contractors and local communities, ensuring timely and prompt identification and compensation for impacts on public and private properties during construction; (xi) To select, monitor, and implement recommendations from the independent monitoring agency and independent valuation agency; (xii) To set procedures on promptly implementing necessary measures of adjustments and advising the project owner in handling complaints; (xiii) To coordinate with related agencies to provide employment related to the Project for AHs; (xiv) To take over acquired land from HHs and hand it over to construction units; (xv) To select and mobilize the independent valuation agency to conduct land price survey as a basis for Binh Dinh PPC to make decision on land prices applied to the project and ensure the closeness to the market price. (xvi) To cooperate closely with the independent monitoring agency; and (xvii) To report periodically on resettlement activities to the WB. (xviii) Binh Dinh PMU of Agriculture and Rural Development needs a staff who oversees directly working with AHs as a first step in redressing grievances. S/he will support vulnerable groups in appealing grievances. AHs will be free of administrative and legal fees arising during the grievance redressing. Further information about his/her responsibilities are mentioned in Term of Reference for key social safeguard personnel. 12.2.3. District/City/District People’s Committees 198. District/City/District People’s Committees shall be responsible for: (i) Making announcements on land acquisition if authorized by Binh Dinh PPC; (ii) Approving compensation plans prepared by the CRC and submitting them to the PPC for endorsement; (iii) Issuing decisions on land acquisition from individuals and HHs; (iv) Handling complaints and grievances of the AHs within jurisdiction. 199. The City Compensation and Resettlement Committee (CRC) shall take responsibility for compensation and site clearance for the works in the city/districts, including: (i) Planning and implementing all daily resettlement activities within the city; (ii) Making inventories of acquired land, completing compensation lists and tables, and preparing sum-up tables to be submitted to competent authorities for approval and paying compensation directly to each affected person after receiving compensation funds; (iii) Preparing allocated land and relevant procedures for the resettlement of relocated HHs; (iv) Appointing staff for conciliation and handling of complaints by AHs on compensation policy and entitlements; 80 (v) If necessary, establishing commune/ward LFDCs and directing them in implementing resettlement activities; (vi) Paying special attention to the needs and aspirations of special groups of people (ethnic minorities) and vulnerable people (children, the elderly, female/single household heads); and (vii) Coordinating closely with independent monitoring agencies. 12.2.4. Ward/Commune People’s Committees 200. Ward/Commune People’s Committees shall be responsible for: (i) Establishing ward-level working groups and manage their operations; assigning ward/commune staff to assist the District/City LFDC and Binh Dinh PMU in preparing DMS for the Project, preparing documents on land acquisition, preparing RAP and implementing resettlement activities; (ii) Verifying AHs’ legal titles or certifying their land use or transfer to meet the requirements of compensation; (iii) Assisting other units and agencies, including Binh Dinh PMU, in posting or disseminating information; holding community meetings; and consulting AHs for comments; (iv) Assisting other units and agencies, including Binh Dinh PMU, in carrying out demographic surveys, replacement cost surveys, detailed measurement and inventory surveys, and other resettlement activities; (v) Participating in all operations of land acquisition and allocation, resettlement, recovery support, and social development support; (vi) Supporting AHs in all resettlement activities and living standard restoration; (vii) Notifying AHs on compensation schedule, monitoring compensation implementation; and signing in documents on compensation with AHs; and (viii) Ensuring full implementation of the mechanism of redressing grievances from AHs; recording all grievances and filing all documents on grievances; supporting and advising AHs; and promptly resolve grievances. 12.2.5. Project Affected Household (AHs) 201. AHs shall be responsible for: (i) Coordinating with survey teams in carefully checking and certifying affected land and other assets as well as their entitlements; (ii) Participating in all phases of the RAP preparation and implementation and giving feedback to improve the quality of the RAP and devise solutions for implementing the RAP smoothly; and (iii) Moving to new sites in a timely manner after receiving full compensation and entitlements. 12.2.6. Independent Monitoring Agency (IMA) 202. It is required to identify and hire an agency/ organization or research institute specializing in social sciences, to conduct socio-economic surveys, monitor and evaluate the implementation of the RAP. Binh Dinh PMU will sign a contract with Independent monitoring Agency. Cost for hiring IMA to carry out independent monitoring of resettlement for the subproject will come from the CF. Independent Monitoring Agency (IMA) will report periodically on progress made and to make recommendations concerning resolving the problems detected in the monitoring process. 81 13. IMPLEMENTATION PLAN 13.1. Main Activities 203. To ensure the project is successfully implemented and highly efficient, the main activities should be established through an implementation schedule with timelines. Thereby, the implementation progress of work items at certain times can be evaluated. The plan should be mapped out from the start of the project and prolong throughout the implementation process and continuously to the completion phase of the project. In the Resettlement Action Plan, the main contents needed to be done from commencement to completion phase include: a. Announcement of the cut-off-date and compensation plan: all project affected households are fully informed of the entitlements, and policies in RAP, including the eligibility, entitlements, methods and compensation rate, schedules, grievances and redress. Project Information Booklet (PIB) will be prepared by PMU and then it will be distributed to affected households or announced at the meeting in population groups, ward, district, or in the public consultation. Besides, leaflets, posters were also distributed to each household, posted at public places like Ward People's Committee/ social, cultural houses, clinics, schools, etc. Announced land acquisition policy of the project, decide the investment project approval, approval of the project design… b. Socio-economic survey in affected area c. Development of the plan on development of resettlement sites. d. Development of the livelihood restoration measures. e. Compensation, support, resettlement and livelihood restoration. f. Assessment of the project’s impacts on affected households: One year after the project ended, a social- economic survey in project area will be conducted to assess the impacts of the project on the benefited community and the project affected households. The results of this survey will be served as basis for assessment of the project’s impacts on the community and the lessons learnt for the later project operations and design and implementation. 13.2. Implementation Schedule 204. Implementation schedule for land acquisition of the ENDR - Binh Dinh province is shown in the table below: Table 22: Implementation Plan Main activities Time Resettlement Action plan Determine tentative project location and scope of the project’s impacts Quarter I – 2017 Socio-economic survey, preliminary inventory of losses (IOL), public Quarter I – 2017 consultation with affected persons and preparing RAP Submit RAP to Binh Dinh PMU for reviewing Quarter II – 2017 Submit RAP to World Bank Quarter II – 2017 Implementation of Resettlement Action Plan 82 Main activities Time Preparing cadastral dossiers and land acquisition demarcation Quarter III – 2017 Implement public consultation and information disclosure, detailed measurement survey (DMS), replacement cost survey, prepare detailed Quarter III – 2017 compensation plan Compensation payment Quarter III/2017 – Quarter II/2018 Site clearance, relocation and restoration measures (if any) Quarter III/2017 – Quarter II/2018 Post-resettlement evaluation Quarter III – Quarter IV/2018 14. MONITORING AND EVALUATION 14.1. Monitoring 205. Monitoring and evaluation activities during the implementation period and after the resettlement stage are to ensure the land acquisition and resettlement activities are to be carried out in accordance with the regulations, guidelines specified in the Resettlement Action Plan. Monitoring provides all stakeholders with continuous reflections on the implementation of land acquisition and resettlement. This activity helps assess the actual successful ability and arising difficulties as soon as possible, to facilitate remedying timely in the project operation phase. 206. Monitoring includes 2 following purposes: (i) Verify whether the project activities are completed efficiently or not, including quantity, quality and time. (ii) Assess whether these activities reach the objectives and purpose of the Project or not, and if not how much do they reach. 207. Binh Dinh PMU will hire/recruit an Independent Monitoring Agency (IMA) to regularly monitor and supervise the implementation of RAP. 14.2. Internal Monitoring 1. Internal monitoring of the RAP implementation of the Sub-project is the main responsibility of the implementation agency with the support of the project consultants. The implementation agencies will monitor the progress of RAP preparation and implementation throughout the regular progress reports. 208. Internal monitoring aims to: (i) Ensure that compensation payment for affected households for the different types of damage is implemented according to the compensation policy agreed in the RPF and RAP. (ii) Ensure that resettlement activities are implemented according to the compensation policy agreed in the RPF and RAP. (iii) Determine whether the conversion process, income restoration measures and resettlement assistance are provided on time or not. (iv) Evaluate whether the income restoration supports have been provided or not yet and propose corrective measures if targets of income restoration for households are not achieved. 83 (v) Disseminate public information and consultation procedures. (vi) Determine whether the complaint procedures have been followed or not and there is any outstanding issue needed the attention by the management level or not. (vii) Prioritize for interests and needs of affected people, especially poor and vulnerable households. (viii) Ensure transition between relocation, clearance and start of construction of civil works proceeds smoothly and that construction area will not be handed over until affected households have been compensated, supported and resettled satisfactorily. 209. The implementation agencies will collect information every month from the different resettlement committees. A database tracking the resettlement implementation of the Project will be maintained and updated monthly, including redressing of grievances (if any). 210. The implementation agencies will submit internal monitoring reports on the RAP implementation as a part of the quarterly report to be submitted to the WB. The internal monitoring reports should contain the following information: (i) Number of affected persons according to types of effect and project component and the status of compensation, relocation and income recovery for each item. (ii) The distributed costs for the activities or for compensation payment and disbursed cost for each activity. (iii) List of outstanding Complaints (iv) Final results on solving complaints and any outstanding issues that demand management agencies at all levels to solve. (v) Arisen issues in the implementation process. (vi) Updated actual schedule of resettlement activities. 14.3. Independent Monitoring 211. Independent monitoring will be conducted by the consulting organization/ non-governmental organization (NGO) experienced in monitoring and evaluation of the implementation of the socio- economic survey. The Project Management Unit will sign a contract with the independent monitoring organization. The implementation of project independent monitoring will be funded by the official development assistance (ODA) for project. The Independent monitoring organization will report every 6 months on the progress and give relevant recommendations to solve any issues arising in the process of monitoring. 212. Objectives: The general objectives of independent monitoring are to periodically supply independent monitoring and assessing results on the implementation of the resettlement objectives, on the changes of living standard and jobs, AHs’ income and social foundation restoration, effectiveness, impacts and sustainability of AHs’ entitlements, and on the necessity of mitigation measures (if any) to bring about strategic lessons for making policy and planning in the future. 213. Responsible agencies: In accordance with the World Bank’s requirements for consultant employment, Binh Dinh PMU will hire an IMA to carry out the independent monitoring and evaluation of RAP implementation. This organization is called the Independent Monitoring Agency (IMA) which specializes in social sciences and has experience in independent monitoring of RAP. The IMA should start its work as soon as the project implementation commences. 214. Monitoring indicators include: a. Compensation payment and assistance for affected households are implemented according to the entitlements agreed in the RAP. b. Technical assistance, relocation and allowance c. Income restoration and entitlements to restoration allowances. 84 d. Information disclosure and public consultation. e. Grievance redress procedures, results of resolving complaints. f. Progress of land acquisition Methodology and Approach Survey Sample 215. A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the Resettlement Action Plan. Monitoring will be on a sample basis. Scale of the survey sample may cover 50% relocated households and severely affected households, and at least 10% of the remaining households. Sample survey is implemented twice a year. 216. The sample surveys should include women, elderly, and other vulnerable groups. It should balance representation of male and female respondents. 217. Post-resettlement evaluation is implemented every 6 months, after completion of the resettlement activities. Independent monitoring agency will be responsible for: (i) reviewing the documents on compensation, assistance and (ii) work with the CRC and local authorities to collect necessary information and data, (iii) interviews with the people; and (iv) group discussions. Database collection 218. The IMA will store information on monitoring of resettlement, include the results of independent monitoring, collect and update basic information about the affected households. All the collected and updated data will be submitted to Binh Dinh PMU, the managing agency and the World Bank. Monitoring report 219. The monitoring report will be presented during the meeting between the independent monitoring agency (IMA) and Binh Dinh PMU immediately after submitting the report. Solutions will be implemented based on the arising problems are outlined in the report and discussions 220. Independent monitoring reports are made before, during and after resettlement. This report should reflect contents: - Verify the internal monitoring results - Assess whether the resettlement objectives have been achieved or not; how income resources and living standards of the project affected households are restored and improved. - Considering whether the entitlements of resettlement are appropriate with conditions of project affected households and meet the resettlement objectives or not. - Evaluate the effectiveness, impacts and sustainability of the resettlement; lessons learnt for the planning and developing the future resettlement policy Ex-post evaluation 221. In fact, this is the evaluation at a given point of time on the impact of resettlement and the achieved objectives. The independent monitoring will conduct an evaluation of the resettlement process and impacts from 6 to 12 months after the completion of all resettlement activities. The survey questionnaires for evaluation are used based on the database in the project database system and the questions used in the monitoring activities. 222. If this evaluation determines that livelihoods of severely affected households have not been restored appropriately with the objectives of the project, an additional fund will be provided to continue support for households above. The Independent Monitoring Report will be not only sent to Binh Dinh PMU, but also sent directly to the World Bank for following/supervising the progress and effectiveness of the compensation. Or in other words, when a project is not finished, the World Bank will continue monitoring until resettlement activities as mentioned in the RAP have been implemented. 85 When project is completed, the implementation completion report (ICR) will assess the achievements of the resettlement and the lessons learnt and will be incorporated in the evaluation of PMU. This requirement is stated in OP/ BP 4.12, paragraph 12.24. If this evaluation determines the objectives of the resettlement have not been achieved as expected, the ICR will assess the appropriateness of resettlement measures that could be proposed with measures in next time, include follow-up monitoring by the World Bank. The contents of the ICR for next part will be made based on the socio- economic survey of affected households, this survey was conducted at the end of the project (or completion of sub-project), and given the impacts of land acquisition and the impacts on livelihoods for affected households. 15. COST ESTIMATE OF COMPENSATION AND RESETTLEMENT 15.1. Funding Source 223. The budget for the implementation of the Resettlement Action Plan will be part of the counterpart fund of Government (budget from Binh Dinh PPC). Binh Dinh PPC will provide counterpart funds for the implementation of compensation and resettlement, and will be included in the total investment cost of the project. 224. Binh Dinh PMU will disburse funds for land acquisition, support and resettlement of the project through the City/District LFDC (District/City CRC). These agencies will be responsible for making compensation payment directly to affected households of the Project. 15.2. Replacement Cost Survey 225. As required by the World Bank’s OP 4.12 on Involuntary Resettlement, Replacement Costs Survey (RCS) will need to be done to establish basis for calculation of replacement costs for all the lands/crops/structures/assets that will be affected by the Project. An independent price appraisal consultant is specialized in assessing costs of land/assets/structures to be affected under the Project, will be engaged by Quang Ngai PMU to conduct replacement costs survey. 226. During the RAP preparation, basis for calculating compensation payment proposed to affected households is at the replacement costs (for land and structures), and at market prices (for crops/trees and aquatic livestock), based on household’s perceptions, local land transactions (for residential land), capacity of agricultural production (for agricultural land), local quotations for construction material and other assets; and referred to other current replacement cost surveys which have been carried out nearby. 15.3. Cost Estimate 227. Cost estimate for RAP implementation includes: a. Cost for the compensation, assistance and resettlement: includes of the items which were described in the entitlement matrix. b. Cost for independent monitoring:  Cost of independent monitoring of RAP implementation is estimated at 1% of total cost of stage of DMS, compensation and restoration support.  The independent monitoring consultant will prepare the technical and financial proposals for bidding. Actual cost will be decided through contract value for independent monitoring consultant. c. Cost for compensation, assistance and resettlement included costs of detailed measurement survey, land acquisition documentation, independent valuation cost, etc. It is estimated at 2% in maximum of total cost of compensation and restoration support. d. Contingency: The rate for contingency should be at about 10% of total cost of compensation and RAP preparation. The contingency will be used in cases of adjusted compensation rates due to inflation, or any adjustments during implementation of the approved RAP. 86 228. Cost estimate for implementation of RAP for the works under the first 18-month priority project is VND 34,654,873,902 (equivalent to US$ 1,526,646). Cost for implementing the RAP for each works under the Subproject is shown in the table below. Table 23: Cost Estimate of Implementation of RAP for the First 18-Month Work Items under The Subproject Total amount: exchange rate: US$ 1 = VND 22,700 No. Items VND USD I Compensation for land 15,714,460,000 692,267 II Compensation for structures 568,827,000 25,058 III Compensation for trees and crops 516,088,400 22,735 IV Assistances 15,780,880,000 695,193 V Cost estimate for IRP 571,200,000 25,163 VI Total (I+II+III+IV+V) 33,151,455,400 1,460,417 VII Independent monitoring = 1% VI 331,514,554 14,604 VIII Management cost = 2% VI 663,029,108 29,208 IX Cost estimate for RCS = 0.5% VI 165,757,277 7,302 Total (VI+VII+VIII+ IX) 34,311,756,339 1,511,531 XI Contingency (10% of total amount) 343,117,563 15,115 TOTAL COST 34,654,873,902 1,526,646 87 ANNEXES Annex 1: Replacement Cost Survey Annex 2: Project information leaflet Annex 3: Some Minutes of Public Consultation Meetings At the Project Area Annex 4: Socio-economic Survey Questionnaire for Affected Households in the Project Area Annex 5: Some Pictures of Consultation Meetings Annex 6: List of Affected Households with Different Types Of Impact Annex 7: TOR for Independent Monitoring 88 89