SFG1561 V3 REV CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project Appendix 11. Due Diligence report for Can Tho City River Embankment Project I. OVERVIEW 1.1 Project description There is an on-going compensation and resettlement activities for the Government funded Can Tho river embankment project (hereafter called the Project) in Ninh Kieu district, the civil work of which will be included in the proposed CTUDR. The Project includes two sections (i) from Ninh Kieu harbor to Cai Son bridge of Ninh Kieu district and (ii) from Quang Trung Bridge to Cai Rang bridge of Cai Rang district. The Project that has a total length of 10, 271 m at both sides of can tho river, passes through 5 wards of An Binh, Hung Loi, Xuan Khanh, An Lac and Tan An, of which: - Embankment on the left side is 5,490 m long starting at the existing embankment located at no 2 guesthouse near Ninh Kieu Park and ending at the foot of Cai Son Bridge on Cai Son canal. The width of site clearance is 15m from the edge of embankment. - Embankment on the right side has a total length of 4,781m starting from Quang Trung bridge to Cai Rang bridge of Cai rang district. Its starting point is at the existing embankment work that is about 76m from Quang Trung bridge to the upstream and ending at the edge of old Cai Rang bridge to the downstream. The width of site clearance is 15m from the edge of embankment to the terrestrial land. Project owner: Can Tho city construction investment project management Unit. Executive agency: Can Tho City people’ committee Duration: 2008 to 2010 Fund: State budget 1.2 Scope of work Strengthening and construction of river embankments, on the left side of Can Tho River are under the Can Tho Urban development and Resilience project (CTURDP) funded by WB. Clearance already took place since 2008 in some sections of the River’s banks where civil work will be included in the proposed CTUDR. Therefore the resettlement policy which applied for the sections already cleared have to meet the objectives of the WB policy on involuntary resettlement OP4.12. To assess if clearance was conducted in compliance with WB principles, a due diligence report was prepared for this Project. The Due Diligence Report covers the scope of impacts and related issues caused by the activities of compensation and site clearance on the left banks of the Can Tho River, located in Ninh Kieu district. Construction on the Can Tho River’s embankment on the left side was divided into three sections. - Section 1: Downstream of Can Tho River, starting from the foot of Cai Son Bridge and ending at Dau Sau canal has 908bm long. Consultant: Association of CCG and PDI Page 1 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project - Section 2: Upstream of Dau Sau canal at the beginning point located at the embankment of Dau Sau food processing factory and ending point is at the embankment of water pumping station of Can Tho city military headquarter has its length of 3, 092m; - Section 3: Upstream of Can Tho river going along the river bank in parallel with Hai Ba Trung and Nguyen Thi Minh Khai roads. Its starting point is the work connecting to the embankment of Can Tho military headquarter and its ending point is the protective embankment of Guesthouse No 2. The total length is 1, 490m. Planned construction works are the following: - Constructing sidewalk combined with landscaping along the embankment to create a recreation area for residents and attractive landscapes along Can Tho River. - Lighting system: - Drainage system behind the embankment; - Water sprinkling system for trees and park - A staircase system to reach the top of the embankment; The layout of site clearance of Can Tho Embankment project is presented in Figure 1. Figure 1. Overall layout of site clearance of Can Tho Embankment Project Consultant: Association of CCG and PDI Page 2 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project II. OBJECTIVES AND DUTIES OF CONSULTING SERVICE 2.1 Objectives The main objective of the due diligence review is to assess if the resettlement activities conducted under the City-funded Project along the left bans of the Can Tho River comply with the WB OP4.12. In particular the due diligence review will assess if affected people were able to restore or improve their livelihood as before the project. In case of non-compliance, correctives actions are proposed. 2.2 Activities Conducted The Consultant worked closely with the PMU, the local authorities of the project districts, including district Compensation and Land Clearance Committees (DCLCCs), ward People Committees (WPCs), conduct site visits, meetings, discussion and interviews with project affected people (PAPs), and relevant project stakeholders to review the status of land acquisition, compensation payment and involuntary resettlement activities conducted in the Can Tho river embankment project. The consultant undertook the following tasks to conduct the due diligence: - Review OP 4.12, the government’s and the project’s involuntary resettlement policy – Review the project’s legal framework - Collect available information, reports and documents related to the project’s involuntary resettlement implementation including linked activities - Meet, discuss and interview the PMU, involuntary resettlement implementing agencies, other concerned stakeholders to obtain information and understand the project involuntary resettlement process, its implementation status, results, successes and issues. - Conduct site visits, stakeholders discussion and consultation, including focus group discussions, interviews of PAPs with sensitivity to the local context. - Review and analyze all aspects of compensation, implementation and grievance redress mechanisms; - Conduct in-depth analysis of outstanding cases of the project to propose appropriate measures, in consultation with PMU and local authorities to resolve them in a satisfactory manner. - Analyze compliance with the government policy and consistency of the project involuntary resettlement outcomes with Bank’s policy objectives - Develop action plan with recommendations in consultation with PMU - Prepare Due Diligence Report The following tasks were conducted as part of the due diligence review : Review in order to assess if: Consultant: Association of CCG and PDI Page 3 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project - Disclosure of resettlement information was appropriately done. - Consultation was appropriately carried out with affected households. - Compensation (for Land, Structures and other assets) were made at market price as regulated by the GoV’s legal framework, in a timely and appropriate manner, and provide comparison with the requirement of Bank policy of provide compensation at full replacement cost for loss of assets. - All assets have been compensated (i.e. especially structures built on non-residential land (agriculture or other type of land)); - Those losing residences or businesses were provided with appropriate and timely support for their relocation – either to government-built involuntary resettlement area, or relocate on their own but with appropriate compensation/assistance and support; - Poor and vulnerable HH received specific assistance or support; - The overall compensation/support was done in a way that allowed affected households to restore their livelihoods to the pre-project level. - A Grievance Redress Mechanism (GRM) was in place to resolve complaints/address the concerned of affected households, and this GRM is effective and useful. - Households who were severely affected (losing income sources or have to resettle) have restored their standard of living to the pre-project level. Special attention is paid to vulnerable people/groups On the basis of the findings: - Where gaps exist (between the Government’s entitlements and what affected household actually received), and if any affected households found not being able to restore or improve the livelihood, recommend how these gaps/issues could be addressed, by whom, and when to ensure the affected households fully restore their livelihood to the pre-project level. - Finally, by assessing the above criteria, confirm if the compensation/ involuntary resettlement done by the city are consistent with the requirement of Bank’s OP 4.12 (full restoration of the lost assets and livelihood). Consultant: Association of CCG and PDI Page 4 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project III. METHOD OF DUE DILIGENCE 3.1 Approach and methodology The following methods have been applied by consultant to collect information, analysis and establishment of due diligent report: a. Reviewed results of DMS and compensation plan, decisions of CT-CPC and minute meetings of public consultation to assess: (a) to which extent of negative impacts on PAHs in both physical displacement and livelihood, which is reflected in the documents of DMSs mentioned above; (b). Quality of DMSs, preparation and (c) application compensation policy to PAHs b. Reviewed the applied compensation unit rates. c. Interviewed the PAHs (individuals, Focused group discussion, and meeting) on process, awareness and satisfication of PAHs in the implementation of compensation pland. d. Interviewed local authorities, local communities, and related stakeholders to determine the awareness and participation of PAHs in the process of preparation and implementation of RP. e. Conducted separate meetings with female headed households with dependents and disadvantageous economy and other vulnerable HHs. f. Conducted in-depth interview with local staff and related agencies to appraise the implementation of the IRP if it is applicable. 3.2 Implementation plan The Consultant conducted the following activities: - Work with the PMU to collect the information and documents in need; - Work with the Compensation, Support and Resettlement Committee of Ninh Kieu district to collect information related to the implementation of land acquisition and resettlement in the district; - Work with the People’s Committees of the affected wards to collect feedback on the implementation of the compensation and site clearance as well as claims of affected households; - Conduct consultations and interviews with affected households in the wards on the compensation and site clearance. - The Consultant interviewed 100% of displaced households (175 HHs), and 45 other affected households accounting for 11% of all other affected households. Consultant: Association of CCG and PDI Page 5 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project IV. STATUS OF LAND ACQUISITION AND COMPENSATION 4.1 Scale of land acquisition and Detail measurement survey Can Tho Embankment construction project (at section (i) from Ninh Kieu harbor to Cai Son bridge of Ninh Kieu district and section (ii) from Quang Trung Bridge to Cai Rang bridge of Cai Rang district) was approved by CT-CPC under Decision No. 2605/QĐ-UBND dated 15 November, 2007. The project intended to acquire land of 5 wards: An Bình, Hưng Lợi, Xuân Khánh, An Lạc and Tân An of Ninh Kieu district. The AHs’ DMS srated on 15 July, 2010 and so far DMS was completed for 579/580; 01 AH refused DMS as he didn’t agree with his land to be acquired. Currently, the city’s land fund development center has been collaborating with the related line agencies and mass organizations to discuss with him to authorize DMS for his land. 524 compensation plans were submitted to Can Tho City PC for approval and 522 already approved; 55 compensation plans are under preparation. Table 1. Status of DMS Total of DMS Not yet Submission for Total No Ward PAHs completed DMS approval approved 1 An Bình 115 115 0 114 113 2 Hưng Lợi 204 203 1 197 196 3 Xuân Khánh 61 61 0 54 54 4 An Lạc 95 95 0 87 87 5 Tân An 105 105 0 72 72 Total 580 579 1 524 522 The total number of PAPs is 580, of which 441 PAPs have their land affected; the remaining 139 PAPs are landless and have house encroaching beyond canals, river, or on their relative lands, or on land rented from state. Types of impacts on land are presented in Table 2. Table 2. Category of PAPs Landless PAHs PAHs Total of No Ward Houses on Houses on their Rented houses have land PAHs canals relative land from state affected 1 An Bình 115 11 4 3 97 2 Hưng Lợi 204 11 10 15 168 3 Xuân Khánh 61 3 5 0 53 4 An Lạc 95 19 4 8 64 5 Tân An 105 38 0 8 59 Total 580 82 23 34 441 Among the 580 PAPs there are 175 PAPs who had to relocate, 72 PAPs are entitled to resettlement plot in a Serviced Resettlement Site (RS). The remaining 103 PAPs will be allocated a minimum Consultant: Association of CCG and PDI Page 6 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project plot of land in the resettlement site as they have no rights or claims on land. 173 out of 175 RHs received their land plots in the resettlement site through a lottery process (52 households in An Binh Ward relocated to resettlement site to build house). The remaining 2 RHs have didn’t yet receive their land plots because they are currently too busy to undertake the plot allocation process (they received compensation and had no complaint). Distance from the former residence of the households to new housing in the resettlement site is about 5 - 6km. The infrastructures at the resettlement site include: access roads, electrical systems, and lighting, water supply and sewerage systems. The status of relocated HHs are presented in Table 3. Table 1. Status of Relocated PAPs Relocated PAHs No. of Eligible for Considered to be Plots already No Ward allocated PAHs Total resettlement in allocated a minimum and resettlement site plot in resettlement site 1 An Bình 115 52 29 23 51 2 Hưng Lợi 204 25 8 17 25 3 Xuân Khánh 61 20 16 4 20 4 An Lạc 95 31 6 25 31 5 Tân An 105 47 13 34 46 Total 580 175 72 103 173 Total land area acquired by the project is 42,290m2 of which agricultural land area is 34,605m2 accounting for 81,8% and residential land area is 7,684 m2 (18,2%). Most of the land acquired (25,998m2, 61.5%) is located in Hưng Lợi ward, (residential land area: 1,016m2 and agriculture land 24,983m2). Impacts on land are presented in Table 4. Table 2. Type of land affected Affected land (m2) Total of Total affected No Ward Residential PAHs Agricultural land land land 1 An Bình 115 2,977 3,874 6,851 2 Hưng Lợi 204 1,016 24,983 25,998 3 Xuân Khánh 61 1,586 1,692 3,278 4 An Lạc 95 851 2,752 3,603 5 Tân An 105 1,254 1,305 2,559 Total 580 7,684 34,605 42,290 Consultant: Association of CCG and PDI Page 7 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project 4.2 Consultation and disclosure The compensation and site clearance process of Can Tho River embankment project complied with decision 25/2012/QĐ-UBND dated 3 October 2012 and Decision 12/2010/ QD-UBND dated 02 April 2010 of CT-CPC about implementation process of compensation, support and resettlement when land recovered by Government. Accordingly, the public consultation was conducted several times in the following process: - After the CT-CPC issued a decision of planning land for the Can Tho River embankment project, the agency which implements compensation and site clearance (i.e. the Land Fund Development Center (LFDC)) conducted consultation with affected HH to disclose the information on the land acquisition plan. The content of consultation covers: i) the reason of land recovery ii) area and location of acquired land based on the exist cadastral maps or approved detailed construction plan and relocation plan, and ii) DMS process. Many forms of land acquisition announcement has been made such as through the local mass media and posted at Ward People’s Committee (WPC) and public places where the land has to be recovered. - LFDC collaborated with the relevant functional agencies, WPCs where land is located to inform HH on General plan on compensation, support and resettlement to the affected organizations, households and individuals and collect opinions from AHs as a basis for adjusting the overall compensation plan to be suitable for approval. - After the project was approved including the Overall plan on compensation, support and resettlement in October 2010, LFDC coordinated with relevant local agencies, WPCs in the project areas. Investors announced investment projects and overall plan on compensation, support and resettlement; posted on WPC and other public places where land acquired. - After the AHs’ DMS was completed (it was conducted intermittently since October 18, 2010 until now), a copy of the DMS record was sent to the AHs to check. In case of inadequacy of assets not yet surveyed, the AHs can ask for additional checking. LFDC started to make detailed compensation plan for each AHs, draft detailed plans on compensation, support and resettlement of AH, and its results were publicly posted at WPC and residential places for further opinions. At the same time, the result of DMS was sent to affected organization, or individuals the compensation, support unit rate to check, compare and collect opinions directly on compensation unit rate and send back to LFDC to check (if necessary). Period of posting and reviewing public comments was at least twenty (20) days from the date starting posting. The posting and end of posting the DMS was recorded in writing, under the certification of representatives of WPC. Compensation plan was then adjusted, finalized and submitted for approval. - LFDC coordinated with affected WPC and Investor to conduct information discrimination and post publicly the approval decision on compensation, support and resettlement in detail at the headquarter of WPC and the residential places. At the same time, the decisions on compensation, support and resettlement was sent to AHs who have land acquisition, Consultant: Association of CCG and PDI Page 8 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project including unit rates of compensation, support, arrange houses or resettlement land (if possible), time and place of compensation, support and time for handing over land acquired to LFDC. The dissemination meetings were recorded in writing under the witness of the local government. Summary information on consultations and information disclosure are presented in Table 5. Table 5. Consultation and information disclosure No Time Locations Contents of disclosure Implement Decision No.2605/QD-UBND dated 15/11/2007 of CT- Tan An WPC 1 07/1/2008 CPC on approving investment projects construction of Can Tho (area III) River embankments. Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of Hung Loi WPC 2 11/1/2008 CT-CPC on approving investment projects construction of Can Tho (area II) river embankments Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of An Lac WPC 3 15/1/2008 CT-CPC on approving investment projects construction of Can Tho (area V and VI) river embankments Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of An Binh WPC 4 17/1/2008 CT-CPC on approving investment projects construction of Can Tho (area I and III) river embankments An Lac WPC Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of 5 17/1/2008 (area III and CT-CPC on approving investment projects construction of Can Tho IV) river embankments (Khu vực I) Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of 6 18/1/2008 Xuan Khanh CT-CPC on approving investment projects construction of Can Tho WPC (area I) river embankments Hung Loi WPC Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of 7 26/2/2008 (area I, II and CT-CPC on approving investment projects construction of Can Tho III) river embankments Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of 8 27/2/2008 Xuan Khanh CT-CPC on approving investment projects construction of Can Tho WPC (area III) river embankments Implement Decision No. 2605 / QD-UBND dated 15/11/2007 of Hung Loi WPC 9 28/2/2008 CT-CPC on approving investment projects construction of Can Tho (area II) river embankments Announced compensation unit rate at affected areas based on Hung Loi WPC 10 28/9/2010 Decision No. 12 / QD-UBND 04/02/2010 and the Decision No. 68 (area II) / QD-UBND dated 29/12/2009 of CT-CPC LFDC conducted meeting to inform the AHs as follows: - All issues on DMS of AHs would be checked and re- checked by the functioning staff to match the actual situation of AHs. Hung Loi WPC 11 29/9/2010 - For enterprises, production and business establishments have (area I) registered, when they are affected will be supported as decided. - About resettlement: project compensation council based on legal situation of AHs to consider resettlement or allow buying land Consultant: Association of CCG and PDI Page 9 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Diligence report for Can Tho City River Embankment Project No Time Locations Contents of disclosure plots for resettlement. - Announced site clearance delineation of Can Tho River embankment - Announced the land and structure compensation unit rates on Can Tho website. Xuan Khanh LFDC conducted meeting to inform the AHs the content as 12 18/10/2010 WPC (area I, follows: III and IV) - Posted Notice No. 262 / TB-UBND dated 05/8/2010 of Ninh An Binh WPC Kieu District People’s Committee the land acquisition Can Tho 13 22/10/2010 (area I and III) River embankments project and Official Letter No. 4208/UB- Tan An WPC KT dated 11/09/2010 of CT-CPC to approve the overall plan for 14 26/10/2010 compensation, support and resettlement of Can Tho River (area III) embankment in the area Ninh Kieu district. - All issues on DMS of AHs would be checked and re- checked by the functioning staff to match the actual situation of AHs. - For enterprises, production and business establishments have registered, when they are affected will be supported as decided. An Lac WPC - About resettlement: project compensation council based on legal 15 31/10/2010 (area III and situation of AHs to consider resettlement or allow buying land IV) plots for resettlement. - Announced site clearance delineation of Can Tho River embankment - Announced the land unit rate and compensation unit rate of house construction on Can Tho electronic newspaper for people to access. Posted publicly compensation, support and resettlement plan of Xuan Khanh project at WPC for AHs contribute opinions. 16 28/10/2012 WPC Public the list of HHs were relocated into Thoi Nhut resettlement area (phase 2). Announced compensation unit rate in affected areas based on 17 25/9/2012 Hung Loi WPC Decision No. 12/QD - UBND 04/02/2010 and the Decision No. 68/QD - UBND dated 29/12/2009 of CT-CPC. Consultation and disclosure was conducted in compliance with the provisions of the Government of Vietnam and World Bank’s requirements. 4.3 Approved compensation plan and payment Compensation plans were prepared for 524 out of 580 AHs and 55 are under preparation. 522 compensation plan were approved among the 524 AHs; regarding the 2 remaining HHs, their compensation plan is under review. 39 approval decisions on the compensation plans have been issued for AHs with a total cost of compensation, support and compensation and cost for setting up compensation plan is 126,262,983,273 VNĐ. Decisions from Can Tho City PC regarding approval of compensation plans for AHs are presented in Table 6. Consultant: Association of CCG and PDI Page 10 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Table 6. Compensation plans approval decision Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement 1 2 3 4 5 6 7 8 124,788,036,89 Total approval compensation funds 1,273,946,375 201,000,000 126,262,983,273 8 1 An Binh Ward 17,550,198,541 311,521,265 201,000,000 18,062,719,806 Approval detail plan on compensation 5204/QĐ- assistance and resettlement (phase 1) section at 1 17/6/2011 2,459,551,658 36,247,638 2,495,799,296 UBND An Binh Ward, Ninh Kieu District, Can Tho city Approval detail plan on compensation 5275/QĐ- 2 24/6/2011 assistance and resettlement (phase 2) part An 4,661,907,672 108,493,917 4,770,401,589 UBND Binh Ward, Ninh Kieu District, Can tho city Approval detail plan on compensation 232/QĐ- assistance and resettlement of Can Tho River 3 16/1/2012 2,720,959,945 71,493,520 2,792,453,465 UBND embankment project in An Binh Ward, Ninh Kieu District, CTC. Approval detail plan on compensation assistance and resettlement of Can Tho River embankment project in An Binh Ward, Ninh 5269/QĐ- Kieu District, CTC (Additional disparity 4 24/9/2012 1,629,095,844 28,550,574 1,657,646,418 UBND compensation, support value between QD 12/2010/QD-UBND dated 04/02/2010 and the Decision No. 15/2011 / QD-UBND of the Committee dated 06/5/2011 CT Approval additional fund disparity compensation, support value between Decision No.12/2010/QD-UBND 04/02/2010 and the 8243/QĐ- Decision No. 15/2011/QD-UBND of the Can 5 20/12/2012 59,922,314 1,232,831 61,155,145 UBND Tho City PC dated 06/5/2011 for 04 affected households from Can Tho river embankments project in An Binh ward, Ninh Kieu District, Can Tho City Consultant: Association of CCG and PDI Page 11 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement Canceled compensation assistance of 04 AHs (81,153,272) (1,713,474) (82,866,746) in Decision No. 5269 dated 24/9/2012 Approved assistance amount for temporary rent apartment (phase 1 for 09 AHs) for AHs 1448/QĐ- eligible for resettlement and are revolved to 6 19/3/2013 201,000,000 201,000,000 UBND buy a land plot in the resettlement site of Can Tho River embankment project in Ninh Kieu District, Can Tho City Approved additional compensation, support 3501/QĐ- and resettlement fund for 02 AHs from Can 7 21/6/2013 675,856,600 675,856,600 UBND Tho River embankment in An Binh Ward, Ninh Kieu District, Can Tho City Approved additional compensation, support 5185/QĐ- fund for Đỗ Phi Hùng AHs from Can Tho 8 14/10/2013 64,318,900 64,318,900 UBND River embankment project in An Binh Ward, Ninh Kieu District, Can Tho City Approved land compensation, support budget for Đỗ Phi Hùng AH from Can Tho River 64,318,900 64,318,900 46/QĐ- embankment project in An Binh Ward, Ninh 9 06/01/2014 UBND Kieu District, Can Tho City Canceled compensation in Decision 5185 (64,318,900) (64,318,900) Canceled land compensation in Decision 5204 (96,252,900) (96,252,900) Approved detail compensation, support plan 1240/QĐ- (additional – 32 HHs) for AHs from Can Tho 10 19/3/2014 214,662,924 4,190,778 218,853,702 UBND River embankment project in An Binh Ward, Ninh Kieu District, Can Tho City Approved detail plan on compensation, support and resettlement (phase 4) for AHs 2654/QĐ- 11 14/5/2014 from Can Tho River embankment project in 4,469,943,803 58,278,950 4,528,222,753 UBND An Binh Ward, Ninh Kieu District, Can Tho City Consultant: Association of CCG and PDI Page 12 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement Approved detail plan on compensation, support and resettlement (phase 5) for AHs 4689/QĐ- 12 01/08/2014 from Can Tho River embankment project in 223,197,086 3,257,804 226,454,890 UBND An Binh Ward, Ninh Kieu District, Can Tho City Approved detail plan on compensation, support and resettlement (phase 6) for Ms. Lê 5462/QĐ- 13 24/9/2014 Kim Loan AHs from Can Tho River 101,973,000 101,973,000 UBND embankment project in An Binh Ward, Ninh Kieu District, Can Tho City Approved additional compensation, support 6462/QĐ- and resettlement plan for 05 AHs from Can 14 24/9/2014 85,254,539 1,488,727 86,743,266 UBND Tho River embankment project in An Binh Ward, Ninh Kieu District, Can Tho City Approved assistance fund on relocation the water supply network of Limited Can Tho 78,298,085 78,298,085 6751/QĐ- Water supply and drainage company affected 15 11/13/2014 UBND from Can Tho River embankment project in An Binh Ward, Ninh Kieu District, Can Tho 2,000,000 2,000,000 City 230,591,899 230,591,899 Approved support fund for low voltage line in Can Tho River embankment lines of Can Tho 5,569,843 5,569,843 6045/QĐ- 16 21/9/2015 Power Company affected from Can Tho River UBND 18,482,707 18,482,707 embankment project in An Binh Ward, Ninh Kieu District, Can Tho City 1,177,894 1,177,894 Approved additional compensation, support for 02 AHs from Can Tho River embankment 6051/QĐ- 17 21/9/2015 project in An Binh Ward, Ninh Kieu District, 24,840,000 24,840,000 UBND Can Tho City. Consultant: Association of CCG and PDI Page 13 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement 2 Tan An Ward 29,194,098,356 206,569,825 - 29,400,668,181 Approved detail plan on compensation, support and resettlement (phase 01) for AHs 1239/QĐ- 1 19/3/2014 from Can Tho River embankment project in 494,113,268 17,867,287 511,980,555 UBND Tan An Ward, Ninh Kieu District, Can Tho City Approved detail plan on compensation, support for 04 HHs who are renting houses 1956/QĐ- 2 21/4/2014 from the housing Business and Development 159,187,177 159,187,177 UBND Limited Company, Tan An ward, Ninh Kieu district, Can Tho city Approved detail plan on compensation, support and resettlement (phase 02) for AHs 4408/QĐ- 3 23/7/2014 from Can Tho River embankment project in 6,580,950,889 112,661,343 6,693,612,232 UBND Tan An Ward, Ninh Kieu District, Can Tho City Approved adjust compensation support for 34 HHs approved in Decision No. 4480/PC dated 23/7/2014 of Ninh Kieu WPC, Can Tho River 4,770,866,357 109,154,620 4,880,020,977 2240/QĐ- 4 10/04/2015 embankment project in Tan An Ward, Ninh UBND Kieu District, Can Tho City Canceled compensation in Article 1 of (6,580,950,889 (112,661,343) (6,693,612,232) Decision 4480/QD - PC ) Approved compensation, support and resettlement (phase 03) for 21 AHs from Can Tho River embankment project in Tan An 2326/QĐ- 5 17/4/2015 Ward, Ninh Kieu District, Can Tho City; 23,769,931,554 79,547,918 23,849,479,472 UBND Consultant: Association of CCG and PDI Page 14 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement 3 Hung Loi Ward 49,289,375,805 371,585,584 - 49,660,961,389 Approved detail plan on compensation, support and resettlement (phase 01) for AHs 4817/QĐ- 1 15/8/2014 from Can Tho River embankment project in 6,341,583,466 33,968,586 6,375,552,052 UBND Hung Loi Ward, Ninh Kieu District, Can Tho City Approved compensation assistance and 5471/QĐ- resettlement (phase 02) for 41 AHs from Can 2 24/9/2014 10,079,256,158 70,323,707 10,149,579,865 UBND Tho River embankment project in Hung Loi Ward, Ninh Kieu District, Can Tho City Approved compensation assistance for 12 organizations Can Tho River embankment 5893/QĐ- 4,540,819,620 58,728,120 4,599,547,740 3 15/10/2014 project in Hung Loi Ward, Ninh Kieu District, UBND Can Tho City Verification cost 128,798,000 128,798,000 Approved compensation assistance and 7046/QĐ- resettlement (phase 03) from 68 AHs from Can 4 26/11/2014 13,362,507,277 130,381,845 13,492,889,122 UBND Tho River embankment project in Hung Loi Ward, Ninh Kieu District, Can Tho City Adjusted organization, enterprises names in Decision No. 5894/QD – PC dated 15/10/2014 7180/QĐ- 5 05/12/2014 of DPC on approving compensation assistance UBND for affected organizations from Can Tho River embankment project Approved compensation assistance and resettlement (phase 04) for affected HHs and 2100/QĐ- 6 06/04/2015 organizations from Can Tho River 14,582,661,998 78,039,070 14,660,701,068 UBND embankment project in Hung Loi Ward, Ninh Kieu District, Can Tho City Consultant: Association of CCG and PDI Page 15 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement Approved adjusted compensation assistance for 01 AHs from Can Tho River embankment 930,721,356 1,136,572 931,857,928 5539/QĐ- project in Hung Loi Ward, Ninh Kieu District, 7 27/8/2015 UBND Can Tho City Canceled compensation assistance in Decision (996,264,820) (1,420,716) (997,685,536) 5471 Approved compensation assistance for Vietcombank, Can Tho unit located in Hung 6046/QĐ- 8 21/9/2015 Loi Ward, Ninh Kieu District, Can Tho City 8,568,000 428,400 8,996,400 UBND affected by Can Tho River embankment project Approved additional compensation assistance 6052/QĐ- for 01 AHs from Can Tho River embankment 9 21/9/2015 310,724,750 310,724,750 UBND project in Hung Loi Ward, Ninh Kieu District, Can Tho City 4 An Lac Ward 17,247,589,656 276,947,111 - 17,524,536,767 Approved compensation for 02 organizations affected from Can Tho River embankment 5894/QĐ- 1,675,129,290 10,000,000 1,685,129,290 1 15/10/2014 project in An Lac Ward, Ninh Kieu District, UBND Can Tho City Verification cost 32,275,000 32,275,000 Approved compensation, support and 4105/QĐ- resettlement (phase 1 – 35 HHs) affected from 2 29/6/2015 5,003,562,633 107,035,573 5,110,598,206 UBND Can Tho River embankment project in An Lac Ward, Ninh Kieu District, Can Tho City Approved detail plan on compensation, support and resettlement (phase 02 – 50 HHs) 6250/QĐ- affected from Can Tho River embankment 3 01/10/2015 10,536,622,733 159,911,538 10,696,534,271 UBND project in An Lac Ward, Ninh Kieu District, Can Tho City. Consultant: Association of CCG and PDI Page 16 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Approval decision Amount (VNĐ) No Content Compensation Temporary No. Date Bonus (5%) Total assistance resettlement 5 Xuan Khanh Ward 11,506,774,540 107,322,590 - 11,614,097,130 Approved detail plan on compensation, support and resettlement (phase 01) for 21 6576/QĐ- 1 06/11/2014 AHs from Can Tho River embankment project 2,664,828,839 39,760,283 2,704,589,122 UBND in Xuan Khanh Ward, Ninh Kieu District, Can Tho City Approved detail plan on compensation assistance and resettlement (phase 2) for 16 6742/QĐ- 2 12/11/2014 AHs from Can Tho River embankment project 7,358,774,923 40,715,824 7,399,490,747 UBND in Xuan Khanh Ward, Ninh Kieu District, Can Tho City Approved compensation assistance and 814/QĐ- resettlement (phase 03) for 11 AHs from Can 3 23/1/2015 1,415,517,640 23,985,827 1,439,503,467 UBND Tho River embankment project in Xuan Khanh Ward, Ninh Kieu District, Can Tho City Approved additional compensation assistance for Mr. Nguyen Minh Thuan household 1543/QĐ- 4 18/3/2015 affected from Can Tho River embankment 7,440,000 7,440,000 UBND project in Xuan Khanh Ward, Ninh Kieu District, Can Tho City Approved additional compensation assistance 6311/QĐ- for Mr. Nguyen Van Ba affected from Can 5 09/10/2015 60,213,138 2,860,656 63,073,794 UBND Tho River embankment project in Xuan Khanh Ward, Ninh Kieu District, Can Tho City : Consultant: Association of CCG and PDI Page 17 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment The compensation payment started in June 2011. After detail compensation plans for HHs have been approved, LFDC disclosed compensation plans and informed AHs to come to get compensation money. The compensation was conducted following approval Decisions of compensation of Ct-CPC (in table 6). Currently, there are 432 out of 580 PAPs (74.5%) who have received the compensation and assistance from the project with an amount of 101 billion dong. The remaining 88 PAHs have not received compensation, due to the following reasons - Some households have not received compensation because they were not available to come and take their money. Until now, They didn’t complain; - 16 households have not agreed with the compensated price and refused compensation; - 11 Households are in land dispute about the ownership of the property; therefore local authorities have to wait the decision of the court to be able to pay for APs. The progress of compensation and assistance is presented in Table 7. Table 7. Progress of implementing compensation and assistance Compensation No of PAHs Amount No. of PAHs Total of No of PAHs No Wards plans not yet paid (Bil. handed over PAHs compensated approved compensated VND) land 1 An Bình 115 113 110 3 17 88 2 Hưng Lợi 204 196 177 18 41 0 3 Xuân Khánh 61 54 49 5 11 0 4 An Lạc 95 87 35 52 5 0 5 Tân An 105 72 61 10 28 0 Total 580 522 432 88 101 88 4.4 Current Situation of HHs Consultants interviewed 220 AHs: 175 relocated HHs and 45 HHs not relocated to evaluate their current living conditions. The assessment include: 1) The status of relocation of HHs and relocated place; 2) the current living conditions including difficulties encountered; 3) the ability to restore their livelihoods; and 4) complaint and resolving process. Survey results are presented below. 4.4.1 Relocation conditions of households and infrastructure in the resettlement site 88 out of 432 AHs who live in An Binh Ward have received the compensation and assistance amount and handed over the site to the project. 175/175 displaced households received plot of land option in the resettlement site arranged by the project. Currently, most households received compensation, support and were allocated plot of land in resettlement site. 52 households in An Binh Ward relocated to resettlement site to build house. The remaining HHs have not yet handed over the site because they were not informed when the site will be needed for construction. They committed to hand over the site to the project when required. Consultant: Association of CCG and PDI Page 18 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Table 8: Relocation and resettlement arrangement of APs Arrangement/Resettlement site Relocated to Ward Total Thới Nhật Nguyễn Văn Cừ resettlement site An Bình 52 42 10 52 Hưng Lợi 25 8 17 - Xuân Khánh 20 16 4 - An Lạc 31 1 30 - Tân An 47 13 34 - Total 175 80 95 52 Affected HH were relocated in two Resettlement Sites (RS): Thoi Nhat and Nguyen Van Cu. Thoi Nhat RS belongs to An Khanh ward, Ninh Kieu district and Nguyen Van Cu RS belongs to An Binh ward, Ninh Kieu district. Both RA are fully services with necessary infrastructures (electricity, water supply, sewage system) to ensure compliance with building standards of the Ministry of Construction of the infrastructure in new urban areas, urban resettlement. Distance from the former residence of the households to new housing in the resettlement site is about 5 – 6km. Infrastructures in the two resettlement sites are better than the former place. Figure 2. Infrastructure in Resettlement Sites Infrastructure in the Thoi Nhat RS The high school existed in the Thoi Nhat RS The Children’s hospital was constructing next to Infrastructure in the Nguyen Van Cu RS the Nguyen Van Cu RS Consultant: Association of CCG and PDI Page 19 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Consultants interviewed the 175 households relocated or to be relocated (only 52 HHs moved to RS up to now; however HH who didn’t relocated yet to the RS already visited the RS ). Survey results indicated that 100 % of households were satisfied with the RS and said that the infrastructures at resettlement site are better than their at their current/former residence (See Table below). Table 9. Satisfaction with infrastructures in the resettlement site No. of Satisfied attitude of HHs No Ward Interviewed HHs Satisfied Not satisfied 1 An Bình 52 52 0 2 Hưng Lợi 25 25 0 Xuân 3 Khánh 20 20 0 4 An Lạc 31 31 0 5 Tân An 47 47 0 Total 175 175 0 4.4.2 Current life condition The displaced households are mainly households whose house encroached on the river, canal with few infrastructure and very poor sanitation conditions. These HH could build a decent permanent house in the RS while they were living in temporary house in their former location (see Figure 3). Figure 3. New house of HHs in the resettlement site The new house of Mr. Nguyen Van Hien The old house of HHs at former location household in the Nguyen Van Cu RS Consultant: Association of CCG and PDI Page 20 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment The new house is being constructed of Mr. Nguyen The new house of Mr. Dang Hoang Linh households Van Tu household in the Nguyen Van Cu RS in the Thoi Nhat RS Some house of HHs in the Thoi Nhat RS 48/52 households who relocated at the resettlement site (92.3%) said that their living conditions is better than before. They are living in a cleaner environment with better infrastructure. 4 remaining households (7.7%) said that the living conditions at the new residence have not changed compared to the past. 4.4.3 Livelihood Restoration of affected households Interviews with 220 HH, particularly 52 HH relocated to resettlement site, show that, their main occupations are wage-earners, so their job and income were not affected (see table 10). Table 10. Impact to job of HHs due to acquired land No. of HH Change of life condition No Ward Interviewed Better No change Worse 1 An Bình 64 17 44 3 2 Hưng Lợi 32 6 26 0 3 Xuân Khánh 28 2 24 2 4 An Lạc 41 4 34 3 5 Tân An 55 8 47 0 Total 220 37 175 8 Consultant: Association of CCG and PDI Page 21 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Because their source of income was not affected, households had not plan to change of occupation. Also, when asked about the possibility of improving life in the near future, 41/52 households have expressed confidence that their lives will be better than before. 4.4.4 Complaints and resolving Until now, there are 87 affected households with complaints and grievances submitted to the relevant authorities. They mainly expressed their un-satisfaction with the compensation rates and regarding the resettlement process. Content of complaints mainly focused on the following issues: - Require additional survey to their affected land, house and structures due to mistakes in measurement; - Re-verify the affected building structures; - Request to reconsider compensation rates to be applied; - Proposed to arrange additional plot of land in the resettlement site; Status of complaint is presented in Table 11. Table 11. Complaint and resolving No. of APs who had No Ward No. of APs Resolved complaint 1 An Bình 115 19 19 2 Hưng Lợi 204 28 28 3 Xuân Khánh 61 4 - 4 An Lạc 95 13 - 5 Tân An 105 23 23 Total 580 87 70 Table 12 presents a summary of the grievance process for AHs who lodged grievances. Table 12. Summary of complaints situation and resolving results of PAPs status Recommendation resolving Agreement on 06 PAHs: Trương Văn They should be supporting the affected Vạn, Nguyễn Thị Mai, supported with structures with 100% No land, still houses affected structures; Đường Vĩnh Bình, Bùi of the structure value. built beyond canals Thị Lùn, Trương Thị and considered for before 1/7/2004 Consider for the 6 Vân and Đỗ Ngọc them to buy land in the Tuấn PAHs to buy land the resettlement site. resettlement site; 04 PAHs: Võ Thành Land without LURCs The affected land Agreement on Chơn, Dương Liễu Tố, house built on land should be compensated compensating to the Consultant: Association of CCG and PDI Page 22 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment results of PAPs status Recommendation resolving Bùi Thị Chính and Võ without LURCs, parts according to the unit affected land Văn Đạm of the houses rates of residential land accordance with the encroached beyond The affected structures unit rates of residential Can Tho river bank and houses should be land but the PAPs have assisted and arranged to follow the tax for resettlement obligation regulated by the state agreement on arranging a minimum land plot in the resettlement site Agreement on Lost all land, of which compensating to the The affected land part of lost lands being affected land should be compensated alluvial land beside accordance with the 07 PAHs: Trần Thị riverbank and without as per the unit rates of unit rates of residential Chọn, Phan Thị Hạ, LURCs residential land; land but the PAPs have Trương Thị Sương, Affected structures and to follow regulation of Bùi Thị Huê, Lý Sỳ, houses constructed on houses should be tax obligation with the Trần Thị Dân and land not LURCs, one supported and state Nguyễn Thị Năm part of the houses built resettlement should be beyond Can Tho river Agreement on considered to be bank before 15/10 arranging a minimum arranged 1993 land plot in the resettlement site. agreement on assisting Alluvial land beside The affected land on the affected land riverbanks without should be compensated 07 PAHs: Trần Thị LURCs being totally as per unit rates of with 60% the land Thu Thủy, Lê Thị affected; residential land; value simultaneously Châm, Trần Thanh PAHs have to follow Xuân, Hà Thị Tuyết houses constructed on Affected structures and the tax obligation Phương, Dư Cẩm land without LURCs houses should be regulated by the state Tuyền, Dư Cẩm Bồi and parts of them supported and Agreement on and Nguyễn Đào Bảy beyond Can Tho resettlement should be arranging a minimum riverbank before considered to be land plot in the 15/10/1993 arranged resettlement site. The affected land and The affected land Agreement on the part of its without should be compensated rested land 4.5m2 as as per the unit rate of per the unit rates of Dương Ngọc Diệp LURCs residential land and the residential land household stilt house constructed rest about 4.5m2 compensating to all beyond the riverbanks should be acquired and affected land, PAHs before 15/10/1993 compensated; have to follow the tax Consultant: Association of CCG and PDI Page 23 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment results of PAPs status Recommendation resolving Affected structures and obligation regulated by houses should be the state supported and Agreement on resettlement should be arranging a minimum considered to be land plot in the arranged resettlement site. 100% of affected structures and houses value being assisted. Agreement on the rested land 5.2 m2 as The affected land per the unit rates of should be compensated residential land as per the unit rates of compensating to all residential land and the affected land, PAHs The land without rest land 5.2m2 should lURCs being partly have to follow the tax 02 PAHs: Nguyễn Thị be acquired and obligation regulated by affected; stilt houses Anh and Nguyễn Văn compensated; the state being constructed Bửu Affected structures and beyond riverbanks Agreement on before 15/10/1993 houses should be arranging a minimum supported and land plot in the resettlement should be resettlement site. considered to be arranged 100% of affected structures and houses value being assisted The affected land Agreement on should be compensated supporting 60% the as per the unit rates of value of affected land residential land an the as per unit rates of Alluvial land beside remaining 4.3m2 of residential land for all PAH Dang Ngoc land acquired for the riverbanks without 05 PAHs: Đặng Ngọc LURCs being partly 2 Thanh) 3.3m of PAH project and PAHs have Thành, Đặng Ngọc affected; Dang Ngoc Loc, to follow the tax Lộc, Trần Hữu Trí, 2 12.9m of PAH Tran obligation regulated by Nguyễn Trung Liệt and Stilt houses Huu Tri; 10.2m2 of the state Liên Thanh Thủy constructed beyond PAH Nguyen Trung support 80% the value riverbanks before Liet and 14.6m2 of of houses and 15/10/1993 PAH Lien Thanh Thuy structures being should be acquired and affected; compensated. Agreement on Affected structures and considering for houses should be arranging a minimum Consultant: Association of CCG and PDI Page 24 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment results of PAPs status Recommendation resolving supported and land plot in the resettlement should be resettlement site. considered to be arranged All complaints and recommendations have been received and resolved in accordance with the existing redress and grievance mechanism. Survey among 87 complainants reveals that except 17 complainants being in the resolving process, 59 are satisfied and 11 unsatisfied with the results of grievance process. The details are shown in Table 12. Table 12. Satisfaction of HHs for solving complaints Satisfied of HHs No Ward No. of Interviewed HHs Satisfied Unsatisfied 1 An Bình 19 17 2 2 Hưng Lợi 28 24 4 3 Xuân Khánh 4 Being resolved 4 An Lạc 13 5 Tân An 23 18 5 Total 87 59 11 V. FINDINGS AND RECOMMENDATIONS 5.1 Comparison of the policies of the 2 projects The compensation and site clearance of Can Tho River Embankment Construction Project has complied with the provisions of the Government of Vietnam on compensation and resettlement assistance. The compensation policies have similarities and differences with the resettlement Policy Framework of CTURDP. The comparison between the two compensation policies is presented in Table 13. Consultant: Association of CCG and PDI Page 25 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Table 13. Comparison between the compensation policies of the 2 projects CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project Compensation for lost land Non compliance: Compensation price applied based on price table specified yearly by Can Tho - The project affected land-users will City People's Committee be compensated for the actually affected area in cash at 100% of the Land users affected by the Project would be replacement cost; compensated for their acquired land in cash based on the prices approved by Can Tho City - In case, PAPs losing residential land All households People's Committee and not by replacement and their remaining land is not viable whose residential costs; Residential enough for their residence (ineligible land acquired for building new house as In case, the Project acquires part of residential land is Residential acquired and stipulated), if the PAPs agree, the land, the remaining area of that land is not land is DPs are state will acquire the remaining land enough to stay (not eligible for construction of 1 and compensate for the acquired land house as prescribed), the State will acquire the permanently eligible for acquired land in cash at 100% of the replacement remaining land (if affected household want), compensatio cost; affected people will be compensated in cash for n. the entire acquired land by 100% of the price - Land-users who are eligible for approved by Can Tho City People's Committee; compensation of acquired land (legal and legalizable land-users) but their Users of acquired land are eligible to the lands are in dispute will be compensation for damage but their land is in compensated at 100% of the dispute, they will be compensated at 100% of the replacement cost and they will price approved by Can Tho City People's receive the compensation amount Committee and will receive the compensation only when their disputes are after the dispute is resolved. resolved. Consultant: Association of CCG and PDI Page 26 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project Compliance: For households and individuals whose entire Relocation houses and residential land are acquired and must relocate, they will be arranged in the Project’s Households or individuals who are resettlement site. acquired with all residential land or partial land but the remaining parts of In case, a household’s land is partially acquired land are less than the limits of local land but the remaining area of land is not sufficient to allocation (1) will be entitled to rebuild a new home according to the local resettlement arrangement and (2) in case, regulations, the State will acquire the remaining Households have the compensation for affected land is land and affected people will be arranged in the to relocate lower than the investment cost of a land Project’s resettlement site; plot in resettlement site, the households In case, the land compensation money is will be supported by the project for such insufficient to purchase a minimum plot of land difference, however, the support amount in the resettlement site, the State will subsidize will not be in excess of the difference for the difference (the subsidized amount is not between the land compensation cost and exceeding the different amount between the cost for an minimal land plot of the compensation amount that household received project resettlement site. and the value of a minimum land plot in the resettlement site as price approved by the People's Committee of Can Tho city). Consultant: Association of CCG and PDI Page 27 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project Supporting for lost land Non conpliance: The households whose land is affected will be assisted in cash with an amount at - Land: Support 30%, 50%, 60% of the value, least 60% of the land at the replacement depending on the legal value, the starting time All households cost. of the land use; the area is supported under the Land users, are acquired with actual measurement. (including Households who have house encroaching residential land those who beyond canals/rivers, the affected land - House: Support 80% according to the actual live beyond area will be calculated equal to the area area. rivers/canals of a floor of the affected house but not Residential ) whose exceed land allocation quotas stipulated land is 2 acquired by the CT - CPC. permanently residential acquired Relocation land is Compliance: Consider for purchasing land in the ineligible RPs who have no shelters in their ward, focal resettlement site. for land which is confirmed by local authorities compensatio (i) will be allocated minimum land plots n Households have in the project resettlement site for to relocate building houses and (ii) pay land-use fee; in case DPs cannot affordable, they will considered to be in debt of the land use levy. Land compensation/assistances Non compliance: Compensation for land Non- If affected lands are eligible to be Users of affected land which are eligible for agricultural compensated, PAPs will be compensated compensation will be compensated by 100% of All households land other Non- in cash at 100% of the replacement cost. the land value of the prices approved by the are acquired with residential agricultural People's Committee of Can Tho city. 3 non-agricultural If affected lands are not entitled to the land with land is land compensation, PAPs will be assisted in Users of affected land which are not eligible for structures on acquired cash with an amount of at least 60% of compensation will be assisted in cash with the land the land at the replacement cost. support of 60%, 50%, 30% of the prices approved by the People's Committee of Can Tho city. Consultant: Association of CCG and PDI Page 28 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project Relocation Compliance: In Case, affected households must relocate In case RPs who have no shelters in their without new place to stay in the wards where ward, which is confirmed by local their land is acquired by the Project, they will be Relocated authorities (i) will be allocated minimum allocated a minimum plot in the resettlement site households land plots in the project resettlement site of the Project and they must pay land use charge. for building houses and (ii) pay land-use If households can not afford to pay the land use fee; in case DPs cannot affordable, they charge, they can debit for the resettlement plot of will considered to be in debt of the land land. use levy. - If PAPs are acquired less than 20% (10% Non compliance: Compensation for affected for the vulnerable) of their total land and agricultural land according to the unit prices the remaining area is economically approved by Can Tho City People's Committee viable, PAPs will be compensated in cash and based on the legal status of owners. at 100% of the replacement cost for the Permanent acquired area. In addition, the vulnerable Supported for vocational training and job search. Households loss of arable will be entitled to take part in the project The specific levels are approved by the People’s whose land Committee of Can Tho city. agricultural PAPs are eligible income restoration program. 4 land is for compensation If PAPs have loss of 20% or more (10% acquired or more for the vulnerable) of their land permanently or the remaining area is not economically viable, PAPs will be compensated in cash at 100% of the replacement cost, while receiving income rehabilitation measures such as extension services, vocational training, access to credit or others based Consultant: Association of CCG and PDI Page 29 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project PAPs whose affected land used before 01 Non compliance July 2004 will be compensated in cash Land used before 15/10/1993 is supported 50% with 100% of the land at the replacement Households Land users are not cost. according to the unit prices approved by the whose entitled to People's Committee of Can Tho city. agricultural compensation as PAPs whose affected land used after 01 Land use from 15/10/1993 – the implementation land is per regulation at July 2004 will be assisted in cash not less time of the project plan (2008): support 30%. acquired Article 75 of Land than 60% of the land value at the permanently Law, 2013. replacement cost. The Use after the time of the plan implementation: no supported/compensated land areas are compensation or support. within the land allocation quotas under Article 129, Land Law 2013. Land users use PAPs will not be compensated of the Non compliance: Compensated for crops, trees, bidding land or acquired land, but compensated for and other assets on land based on the prices Households rent public land approved by the People's Committee of Can Tho affected crops, plant mortars, and other whose with a previous city. assets on land in cash at the replacement agricultural agreement on cost, while PAPs will be assisted in land is returning the recovering the loss of investment in the acquired land to affected land with an amount equal to permanently Government 30% of the affected land value at the time whenever it of acquisition. requests Regardless their titles to the affected land Non compliance: House/structures of affected or a construction permit for the affected households upon their legal status will be structure, compensation or assistance in considered for compensation or no compensation. Housing/str Owners of the cash will be made to the affected uctures in affected Housing/stru houses/structures at 100% of the 5 land structures are ctures replacement costs; and acquiring households and Compliance: For houses, buildings dismantled area. individuals For houses/structures being partly partly but the rest is not eligible to be affected but the remaining area is not compensated at 100% of the volume of sufficient to be used, compensation or structures. assistance in cash will be made at 100% Consultant: Association of CCG and PDI Page 30 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project of the replacement cost for the whole affected houses/structures. Compliance: For buildings/houses were In case the remaining area of affected dismantled part but the rest are eligible for, apart houses is sufficient to be repaired for from the compensation value for the area being living, PAPs will be paid in cash at 100% dismantled, the APs will support repair costs, of the replacement cost for the complete the house. dismantled area, while provided with an additional amount equivalent to 30% of the replacement cost of the dismantled portion to rehabilitte the houses/structures to be better. PAPs whose houses/structures built on Non compliance: Houses/buildings and other encroached land beyond canals/rivers assets of households built on encroached land of will be supported in cash at 100% of the affected canal/ditch will be supported by 80% of replacement cost to rebuid their new the value. houses/structures. Tenants who are leasing state houses for Compliance: People who rent State house or living will (i) not be compensated for the other organizations will be supported 60% of the land area and houses owned by the state land area and will be fully compensated for the but fully compensated in cash at the improved, repaired, upgraded structures; replacement costs for the improved, In case, there are no other houses for rent and repaired and upgraded works; (ii) will be there are no other residential houses, affected Tenants (who entitled to rent or buy plots in the project State people shall be considered to buy land in the 6 Tenants rent sate houses) resettlement area to resettle with ownership resettlement site. have to relocate minimum area; (iii) if the project has no plot in its resettlement site to them for renting/buying to resettle, APs will be supported in cash with not less than 60% replacement cost of land and house to resettle (Clause 2, Article 14, Decree 47/2014/ND-CP dated May 15, 2015). Consultant: Association of CCG and PDI Page 31 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project Tenants (who RPs will be provided with transportation Private rent private allowance for moving their assets and Non compliance: Not implemented ownership houses) have to belongings to new residential places; relocate Cash compensation at full replacement Compliance: Compensation, support for the cost will be made to PAPs at time of entire plants and animals which are present compensation for the affected trees/ before the implementation of the project Annual crops Trees and Owners of domestic animals planted/raised on the planning. and perennial domestic 7 affected trees and land. trees animals domestic animals Where affected trees/animals can be affected removed to new places, compensation will be paid for the loss of the trees/animals plus the transportation cost. Affected Loss of Those who lost Allowance for Business Loss: income and income income production/b sources and source/owners of All affected businesses and production Non compliance: The registered producers, usiness properties affected households having register business traders whose income is affected will be facilities for properties used whose income is affected will be compensated and supported for their business production/b for production compensated and/or supported for losses losses by 30% annual income after tax based on usiness /business in business equivalent to 50% of their the average income of 3 recent years verified by actual annual income approved by their the tax office. 03 years continue of tax obligations; 8 PAPs whose small business or service establishments at home without tax Non compliance: People whose small business or register are permanently affected by the service at home without declaration for tax are project will receive an allowance of VND affected will receive the support of VND 2,000,000 to 10,000,000. 2,000,000/household. PAPs whose small business or service establishments at home without tax register are temporarily affected by the project will receive an allowance of VND Consultant: Association of CCG and PDI Page 32 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project 1,000,000 – 5,000,000. Employees who have had the labor contracts for at least 12 months with the private or state enterprises/businesses or organizations that are affected by the project and have to relocate will have an allowance equivalent to the minimum salary as per the City regulations to affected employees during the transition period with a maximum of 6 months. Structures, housing, public If some public infrastructures/buildings architectures are damaged by the project, the PMU- , forests, ODA shall consult with affected Affected Villages, urban feeding communities and specify that these public zones, 9 land, other structures are restored or repaired soon to Complaince utilities/struc administration land, mitigate negative impacts on tures agencies. permanently communities, while the affected /temporarily communities do not pay for such repair affected costs. irrigation system. Compensation for the removal of Compliance: Compensation for relocation of graves/tombs will include the cost of graves including expenses for digging, filling, excavation, relocation, reburial and other relocating, reburying to new place and other Affected related costs, which is relevant to related costs. 10 Graves Families/groups customary requirements. The removal gravers option and level of compensation to the affected will be decided in consultation with the affected families/communities and based on Can Tho City Policy at the Consultant: Association of CCG and PDI Page 33 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project time of compensation. Telephone Households’ other assets are affected Compliance: The other damaged properties of system, such as: Telephone line, water meter, households/individuals including telephone lines, water meter, electric meter shall be compensated in water meters, electric meters will be electric Families/ cash as regulated; compensated according to the provisions. 11 Other assets meter, cable companies Cable TV, internet access (subscription) TV, internet affected well of households/communities are access affected by the project, PAPs shall be (subscriptio compensated in cash at the new n), well.. installation. If private or state structures are Compliance: Structures and land of inviduals or temporarily affected by contractors the public, which are temporarily affected during Assets during construction phase, contractors the construction phase of the project caused by affected Households/ shall bear all responsibilities for the Contractors, the Contractor shall be Temporarily compensation to the affected at the responsible for compensation of affected assets 12 during Organizations in affected replacement cost as those are with the prices applied as other properties construction the project areas phase permanently affected by the project. affected by the Project. Temporarily affected land shall be assisted to be rehabilitated to its original or better conditions. RPs whose multi-floor houses (two floors more) are affected will receive transportation allowance of 7,000,000 VND/household when moving within the Resettlemen city and 9,000,000 VND/household when Supporting t Relocate to new 13 moving out of the city; Compliance for relocation rehabilitatio places n RPs whose affected houses different from case (i) will have transportation assistance with 5,000,000VND/household when transporting within the city and Consultant: Association of CCG and PDI Page 34 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project 7,000,000 VND/household when transporting out of the city. i. APs who are planning to resettle in Non compliance: Households who are arranged the project resettlement site must in resettlement site of the Project but handed over hand over their land to the project, land for the Project when the resetlement site has while the resettlement area has not not been completed will be supported temporary been finished to be delivered to accommodation while waiting for new houses them, they will be supported in and 03 months during the construction of new temporary resettlement during the houses based on the unit prices approved by the waiting time plus three months for People's Committee of Can Tho city. constructing house with a renting For the case affected households choose the self- rate not exceeding twice of that resettlement plan (with written commitments of regulated by CT-CPC. Households will self-resettlement), they will be assisted as move to ii. PAPs who are acquired partial of dispersed resettlement. resettlement main houses and have to rebuild Supporting areas, free – new houses on the remaining area for Life resettlement and will be supported in temporary 14 temporary stabilization households who resettlement for 03 months with a residence are temporarily renting rate not exceeding 2 times relocated during of that regulated by CT-CPC. the time of iii. PAPs who are acquired partial of rebuilding their main houses and have to rehabilitate houses their houses will receive support in temporary resettlement for 02 months with a renting rate not exceeding 2 times of that regulated by CT-CPC. iv. RPs who choose resettlement by themselves (with written commitments for self-taking care of their relocation) will be assisted in temporary resettlement for 03 Consultant: Association of CCG and PDI Page 35 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project months with a renting rate not exceeding twice of that regulated by CT-CPC. i. PAPs whose agricultural land being cultivated is affected (confirmed by WPCs) will be supported for job training and job change with an amount of 01 to 05 times of the land price for the acquired land area of that regulated by CT-CPC. Supporting Loss of for training Severely affected ii. In case, PAPs whose agricultural Non compliance: Not implemented 15 productive land is affected need a training or on career households lands apprenticeship, they will be changes admitted to a vocational center within the city with the exemption from tuition fees for such training course for those within working ages (not applicable for those who enroll for vocational trainings outside the city). Consultant: Association of CCG and PDI Page 36 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project DPs who select self- relocation will be supported as follows: i. Those who are entitled to be provided with a lot of land in the project resettlement site will Relocated assisted in cash with an amount of persons who 1,5 times of the rate regulated by Resettlemen Non compliance: Not implemented have aspiration CT-CPC (1.3 million dong t restoration of self- according to Decision 15/2014/QĐ- relocation. UBND dated 13 November, 2014) ii. Those who are entitled to buy minimum land plots in the resettlement area will be supported Supporting in cash with an amount of 50% of 16 for life case (i). rehabilitation For households whose agricultural land is affected with 20% to 70% (10% to 70% for vulnerable households) will be supported one time by money equivalent to 30kg of rice per month for one person Households based on local average price at the time Income whose Non compliance: Not implemented of support for living stability within 6 restoration agricultural land months if not relocated and within 12 affected months if relocated; and In case, more than 70% of agricultural land affected, PAPs will be supported within 12 months if not relocated and within 24 months if relocated Additional Relocated i. DPs who belong to poor households Partial Compliance Social 17 support for vulnerable with poor certified records will wealfare - Poor households registered at commune level the households receive a support amount of Consultant: Association of CCG and PDI Page 37 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment CTUDRP Compensation/allowance The compensation policy applied to Can Tho No Type of loss Application Type of PAPs policies River Embankment Construction Project vulnerable 7,200,000 VND/household. would be supported 7,200,000 VND/household. ii. DPs who are the other vulnerable will be supported with 3,000,000 to - Other vulnerable (i.e. women head of HH 5,000,000 VND/household. with dependents, disabled head of HH) were not assisted; iii. DPs who belong to social policy families will be supported with - Households who have martyrs, policy family, VND 2,000,000 per household. families contributed to the revolutionaries, the retired families. iv. The retired and those are under the social policy assistance will be supported with 1,000,000/HH. Households handing over Incentive their affected Compliance: 5% bonus on the total value of support for Progress According to the regulation of CT-CPC, 18 land to the assets on land but would not exceed handing over bonus but not less than 1,000,000/HH. project in time or 5,000,000/household. site soon prior to regulation Consultant: Association of CCG and PDI Page 38 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment 5.2 The findings of the Due Diligence Survey The main findings of the Due Diligence Survey and the non-compliance identified with the CTURDP resettlement policy framework are presented below: - Compensation rates applied by the Can Tho funded Project are based on compensation rates issued yearly by Can Tho City People’s Committee. According local authorities representative and affected persons, the price was only equal to 60% - 70% of market price. For HH who encroached on river, canals and ditches, the Can Tho funded Project relied on the legal status (used before 15/10/1993, 15/10/1993-1/7/2004 and after 1/7/2004) to calculate the appropriate support amount from 30% to 60%. The CTURDP project policy for land encroachment cases, before cut off date, will support with as minimum as 60% of the compensation rate for land; - For the Can Tho City funded Project Households who encroached canals and are ineligible for compensation and relocation but are considered for allocation of a minimum resettlement plot in resettlement sites. However they are not allowed to postpone payment if they are unable to pay as per CTURDP. - Similar to the non-agricultural land, which is not eligible for compensation, affected households under the Can Tho City funded Project are supported from 30% to 60% of the compensation rates for land. Number of non-agricultural land cases which are not eligible for compensation and legality check based on the CTURDP project policy will be checked to identify the appropriate support. - For households whose agricultural land is affected more than 20%, HH under the Can Tho City funded Project are provided with vocational training and career change in cash. While for the Policy Framework of the CTURDP project, in addition to the compensation and support, including career change support as prescribed, the affected households will participate in the income restoration program (job training, job introduction etc.) developed by the Project. - Under the Can Tho City funded Project, agricultural land used before 15/10/1993 is supported 50% of the regulated land prices. Agricultural land used from 10/15/1993 up to now will be supported 30% of the regulated land prices. According to the CTURDP Project Policy, agricultural land used before 1/7/2004 will be supported 100% of the regulated land prices and agricultural land used after 1/7/2004 will be supported at least 60% of the regulated land prices. - Under the Can Tho City funded Project, land users or public land lease or bidding for agricultural production are compensated for trees and crops on land but are not be supported for investment cost on land. Consultant: Association of CCG and PDI Page 39 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment - Under the Can Tho City funded Project, houses and buildings built on encroached land of canals are not compensated but supported 80% of the actual area of houses based on the regulated land prices. Under the CTUDRP, compensation is at 100%. - Under the Can Tho City funded Project, affected households, when houses are partly affected and the remaining area not viable, HH are supported for repairing houses. However, the support level is not specifically mentioned. - Under the Can Tho City funded Project, affected households who rent private houses and must relocate are not supported for relocation cost. - Under the Can Tho City funded Project, households whose small business is affected will be supported as maximum as 2,000,000 VND/household but small business households who are temporarily affected are not supported. In the CTURDP project policy, both are respectively supported 2,000,000-10,000,000/household and 1,000,000- 5,000,000VND/household. - Under the Can Tho City funded Project. no job training and career change support is applied for households whose agricultural land is affected, while in the CTURDP project policy, the support will be from 1 to 5 times of the land unit prices as stipulated by the People's Committee of Can Tho city. - Under the Can Tho City funded Project, no support is applied for households who choose self-relocation, while in the CTURDP project policy, households who are eligible for resettlement will be supported 1.5 times based on the provisions of Can Tho city and households who are not eligible for resettlement will be supported equal to 50% of the level of the households who are eligible for resettlement - Under the Can Tho City funded Project, vulnerable HH other than poor and social policy households are not supported . VI. CONCLUSIONS 6.1 Conclusions According to the above assessment and findings regarding implementation of compensation and site clearance for Can Tho River Embankment Project, the Consultants’ comments and conclusions are as follows: - The implementation of the compensation and site clearance complies with the procedures prescribed by the Government of Vietnam and Decision 15/2011/QD-UBND dated 06/05/2011 and the Decision 25/2012/QD-UBND dated 10/03/2012 of People's Committee of Can Tho city, regulating the implementation process of compensation, support and resettlement when the state acquires land; Consultant: Association of CCG and PDI Page 40 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment - The Project’s public information has been fully organized via multi-time public meetings (1st meeting: disclosure of planning information, project information, compensation policy; 2nd meeting: disclosure of compensation prices, draft compensation plan; 3rd meeting: disclosure of the approved compensation plan etc.); - The application of the compensation policy complies with the provisions of the Government of Vietnam and the People's Committee of Can Tho city. The grievance redress mechanism is in place and HH receive timely answers to their grievances. - HH are generally satisfied with their new relocation place and have in general better living conditions than before. Besides the positives aspects of the above implementation process, the implementation of the compensation and site clearance for Can Tho River Embankment Project contains some points which do not comply with the World Bank's Involuntary Resettlement OP 4.12, and especially, the resettlement Policy Framework of the CTURDP project. These differences must be reviewed and adjusted to harmonize policy between the two projects. To fill the gaps between the two policies, a corrective action plan was prepared and is presented below. 6.2 Corrective Action Plan Issue 1: The compensation rates applied for affected households are based on Can Tho City rates. According to local authority and representatives of APs, these rates are only equal to 60% - 70% of the market price. Recommendation: PMU should hire an independent consultant for reassessment of the compensation rates at the time of compensation. Following the survey, they will compare and propose additional compensation rates for affected households. Issue 2: For HH who encroached on canals/River, their legal status was assessed (used before 15/10/1993, 15/10/1993 - 1/7/2004 and after 1/7/2004) to calculate the appropriate level of support from 30% to 60%. CTURDP project policy, for land encroachment cases before cut off date, requested that affected households will be supported as minimum as 60% of the compensation rate for land. Recommendations: Identify all the cases of HH encroaching on the canals/River, check the legality based on the time of the CTURDP project announcement to consider appropriate supports as per RPF (i.e. support as 60% of compensation rates for land). Issue 3: The HH who encroached on the canal/River and who are not eligible for compensation but must relocate, have been allocated a minimum plots in resettlement sites but cannot postpone payment if they are unable to pay. Recommendations: Based on the resettlement policy framework of the CTURDP, in the case of affected households cannot afford to buy the plot of land in resettlement site, APs will be considered in debt and will have several years to pay back.. Consultant: Association of CCG and PDI Page 41 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Issue 4: For HH affected through non-agricultural land, cases which are not eligible for compensation, they are supported from 30% to 60% of the compensation rates for land Recommendations: Identify all cases of all non-agricultural land which are not eligible for compensation and check the legality based on the time of the CTURDP project announcement to consider appropriate supports as per RPF. Issue 5: The households whose more than 20% of agricultural land is affected are supported for vocational training and career change in cash. While in the Policy Framework of the CTURDP project, households, in addition to their compensation and support payment, including support for job change as prescribed, will be entitled to the income restoration program (job training, job introduction etc.) developed by the Project. Recommendations: it needs to expand the eligibility criteria for severely affected households, including: 1) affected households who lost more than 20% of current agricultural area and 10% of current agricultural area of the vulnerable groups. At the same time the households will be entitled to the income restoration program developed by the CTURDP project. Issue 6: Agricultural land used before 15/10/1993 will be supported 50% of the regulated land prices and agricultural land used since 10/15/1993- now will be supported 30% of the regulated land prices. In the CTURDP Project Policy, agricultural land used before 1/7/2004 will be supported 100% of the regulated land prices and agricultural land used after 1/7/2004 will be supported at least 60% of the regulated land prices. Recommendations: Pursuant the land-use period of the resettlement Policy Framework of the CTURDP, this period will be verified again and HH will receive appropriate support based on the CTURDP Project’s Policy Framework. Issue 7: HH leasing agricultural production are compensated for trees and crops on land but are supported for investment cost on land. Recommendations: HH will be supported for investment costs on land as minimum as 30% of the land prices to offset damages to households who invested to improve land. Issue 8: Houses, buildings on encroachment canal land are not compensated but are supported 80% of the actual house areas based on the regulated unit prices. Recommendations: Houses built on canal encroachment land will be supported 100% of the affected area of houses at replacement costs and at the compensation time. Issue 9: Affected households, whose houses are partly affected and the remaining area is viable, will be supported for repairing houses. However, the support level is not specifically mentioned. Recommendations: According to the CTURDP Policy Project, affected households whose houses are partly affected but the remaining area is viable, apart from the compensation for dismantled area, will be supported for renovation costs equivalent to 30% of the value of the dismantled area of houses. Therefore, to ensure the full implementation of the project policy, the compensation unit should check again the impact levels of households to calculate additional support to comply with the CTUDRP policy. Consultant: Association of CCG and PDI Page 42 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment Issue 10: Affected households who rent private houses and must relocate are not supported for relocation cost. Recommendations: Identify the list of tenants who must relocate and provide additional support as per RPF. Issue 11: Households whose small business is affected are supported as maximum as 2,000,000 VND/household but small business households who are temporarily affected are not supported. In the CTURDP project policy, the 2 subjects are respectively supported 2,000,000- 10,000,000/household and 1,000,000-5,000,000VND/household Recommendations: Small business temporarily affected will receive support as per RPF. Issue 12: The support for temporary living is 1 time based on the unit prices stipulated by the People's Committee of Can Tho city Recommendations: Provide additional support equivalent to 2 times of the unit prices stipulated by the People's Committee of Can Tho city. Issue 13: No job training and career change support is applied for households whose agricultural land is affected, while in the CTURDP project policy, the support will be from 1 to 5 times of the land unit prices as stipulated by the People's Committee of Can Tho city. Recommendations: Apply vocational training, job change support following the project Policy Framework for the affected households who received the compensation. Issue 14: No support is applied for households who choose self-relocation, while in the CTURDP project policy, households who are eligible for resettlement are supported 1.5 times based on the provisions of Can Tho city and households who are not eligible for resettlement will be supported equal to 50% of the level of the households who are eligible for resettlement. Recommendations: Apply the support under the project Policy Framework for the affected households who opted for self-relocation. Issue 15: Only poor and social policy HH are supported under the Can Tho City policy but not other vulnerable. Recommendations: Vulnerable other than poor and social policy HH will be supported as per RPF policy for the CTUDRP. Consultant: Association of CCG and PDI Page 43 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment 6.3 Planning and measures 6.3.1 Expected plans The expected plan for the remedial measures in the compensation and site clearance of Can Tho River Embankment Project to match the CTURDP project resettlement Policy Framework as follows: Table 14. The expected plan for the remedial measures No. Activities Schedule Responsible Determine in details the entitlement that are not PMU/LFDC 1 consistent with the CTURDP Project’s resettlement 12/2015 Policy Framework; Review compensation and support policy applied to PMU/LFDC 2 12/2015 affected households; Identify affected households who need additional PMU/LFDC 3 compensation, support under the CTUDRP’s 12/2015 Resettlement Policy Framework Prepare corrective action plan, including list of HH and PMU/LFDC 4 budget, to comply with the CTUDRP’s resettlement 1/2016 Policy Framework Submit corrective action plan and budget to Can Tho LFDC 5 1/2016 City PC for review and approval 6 Disclose additional compensation plans 2/2016 LFDC Pay additional compensation, support for affected LFDC 8 4/2016 households WB’s monitoring in the implementation of remedial WB 9 1 – 4/2016 measures Independent monitoring of the implementation of the IMA 10 1 – 4/2016 correctives actions. 6.3.2 Monitoring The implementation of the mitigation measures will be monitored by the Independent Monitoring Agency (IMA) and the World Bank to ensure that the correctives actions are effectively addressed. The IMA will monitor the implementation of the mitigation measures, including: 1) identify the inappropriateness with the CTURDP Project’s Policy Framework; 2) identify the affected objects and assets in need of additional compensation and support; 3) monitor the information and disclosure about the Project’s Policy Framework and the additional compensation, support plans; 4) monitor the additional compensation and support payment; and 5) in case, the remedial Consultant: Association of CCG and PDI Page 44 CAN THO URBAN DEVELOPMENT AND RESILIENCE PROJECT (CTURDP) Due Deligence report for Can Tho river Embankment measures have not applied effectively, the Consultant will propose additional measures to help stabilize affected households’ living conditions, including the livelihood restoration programs. The monitoring issues will be summarized and reported to the World Bank for consideration. In addition to receiving information through the monitoring channels of the Employer and the independent monitoring, World Bank will have a separate monitoring channel of its experts to assess if the implementation of the remedial measures complies with the Project’s Policy Framework during review mission. Consultant: Association of CCG and PDI Page 45