RP179 August 2003 SOCIALIST REPUBLIC OF VET NAM MNISTRY OF AGRICULTURE RURAL DEVELOPMENT -- - oO0o VIET NAM WATER RESOURCES ASSISTANCE PROJECT CENTRAL PROJECT OFFICE NIPPON KOEI'HASKONING RESETTLEMENT ACTION PLANS FOR SEVEN SUB - PROJECTS (DRAFT) - -s A., ~~~2 Socialist Republic of Vietnam (Draft) SUMMARY OF RESETTLEMENT ACTION PLANS IN VIETNAM WATER RESOURCES ASSISTANCE PROJECT August 2003 Currency Equivalents Currency Unit: Dong (VND) $1.00 = VND15,400 Abbreviations ADB Asian Development Bank CRC Communle Resettlement Committees DNl\S Detailed Measuremenit Survey DRS District Resettlement Committee EPP Emergency Preparedness Plans GOV Government of Vietnam IDA International Development Association IMC Irrigation Managemenit Company MARD Ministry of Agriculture and Rural Development MO Monitoring Organisation PAP Project Affected People PMO Project Management Office PPMU Provincial Project Management Unit PPC Provincial People's Committee PRC Provincial Resettlement Committee RC Resettlement Committee RAP Resettlement Action Plan RP Resettlement Planning RPF Resettlement Policv Framework SIO Sub-Project Implementation Office VWRAP Vietnam Water Resource Assistance Project WB World Bank 2 Summary of Resettlement Action Plans in VWRAP Contents: Page 1INTRODUCTION ........................................................................ 5 '. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ............................. 5 3. SOCIO-ECONOMIC INFORMATION ....................................................... 6 3.1. Sources of Data ............................................................ 6 3.2. Land Holdings ............................................................ 7 3.3. Population and Standard of Living................................................ 8 3.4. Gender and Poverty Conditions ......................................................... 9 4. LEGAL FRAMEWORK............................................................. 10 4.1. Vietnam Laws and Resettlement ....................................................... 10 4.2. World Bank Policy ............................................................ Ii 4.3. Government. World Bank. and VWRAP ............................................. I I 5. COMPENSATION POLICY .............................................................,,..,,12 5.1. Objectives of Resettlement .......................................... 12 5.1. Principles of Resettlement .......................................... 13 5.2. Compensation Policy for Loss of Land and Crops ................................... 15 5.3. Compensation Policy for Residential Land and Structures ......................... 15 5.4. Compensation Policy for Loss of Income and Business ............................. 16 5.5. Compensation Policy for Loss of Other Assets ....................................... 16 5.6. Compensation Policy for Loss of Communitv Assets ................................ 16 5.7. Allowances During the Transition Period .......................................... 16 5.8. Temporary, Impact During Construction .......................................... 16 5.9. Rehabilitation Assistance .......................................... 1 6 6. INSTITUTIONAL ARRANGEMENTS ............................ 17 6.1. Central Level ................................ 17 6.2. Provincial Level ................................ 18 6.3. District Level ................................ 19 6.4. Agency Responsible for External Monitoring ................................ 19 6.5. Staff and Training ................................ 19 7. PUBLIC INFORMATION, CONSULTATION, AND GRIEVANCE REDRESS ... 20 7.1. Consultation During Preparation of Resettlement Action Plans ..................... 20 7.2. Objectives of Public Information and Consultation .................................... 21 7.3. Consultation Proposed During Implementation ........................................2 91 7.4. Grievance Redress Procedures ............................................................ 24 8. BUDGET ............................................................. 25 8.1. Financing ............................................................. 5 8.2. Flow of Funds ............................................................ 25 8.3. Summarv of Cost Estimates ............................................................ 27 9. IMPLEMENTATION SCHEDULE ............................................................2 7 10. MONITORING AND EVALUATION ......................................................... 29 10.1. Internal Monitoring . 29 10.2. External Monitoring .30 10.3. Monitoring Methodology .31 10.4. Evaluation ..32 3 TABLES: 1. Resettlement Impact on People, Structures and Land .............................6; ........6 Average Landholdings and Variations in Size in Subproject Areas ..................... 7 3. Income Structures as Percent of Total Among PAP ........................................8 4. PAP Possession of Selected Material Assets as Percentage of Total ..................... 9 5. Level of Monthly Income in Subproject Area and Poverty FiguLres .................. 10 6. Difference Between Decree 22/CP. World Bank Policy. and VWRAP ................ I I 7. Summary of Compensation Costs ....................... ..........2 7 APPENDICES: I . Resettlement Costs ....................... 36 1. INTRODUCTION 1. Vietnam Water Resources Assistance Project (VWRAP) aims at improving the irriaLion sysLem and water management in seven subprojects, providing more efficient. equitable andcl reliable irrigation services to the farmers. The project is expected to improve access to irrigation water for all farmers in the system, particularly benefiting those at the tail end of the canal system. The project is designed to increase and improve farmers' including women's participation in irrigation management through strengthening the water user group in the svstem. Soclal assessments and consultation have been conducted at the provincial. district. commune and farmers' level in all seven-subproject areas. The assessments and consultation indicate that there is an urgent need to rehabilitate the degraded irrigation system and farmers expect this project to benefit them significantly. 2 The Project has seven Subprojects: six irrigation schemes in respectively in Cau Son. Yen Lap. Ke Go, Phu Ninh. Da Ban, Dau Tieng, and Quang Hue River stabilization. VWRAP will only cause minor effects on individual households but the number of affected households is substantial. and a few have to be relocated. Social Impact Assessments (SIA) have been prepared for each subproject followed bv a Policv Framework for Resettlement. a Policv Framework ftor Ethnic. Minorities, and an Ethnic Minority Development Plan for Cau Son Scheme. Only Cau Son has etlnic minorities living together and integrated with the majority Kinh people. There are verv few about more than 10 of the ethnic minority groups identified will be negatively affected. on the contrary allmost of them will only benefit from project activities by getting access to more reliable water resources. 3. This is a short summary of the seven Resettlement Action Plans prepared for Phase I of VWRAP. Phase I will consist of Headwork at the six reservoirs. restoration of the main canals. primary canals. and a pilot area consisting of a representative area of approximatelv 20% of secondary canals. In Quang Hue the project will rehabilitate the old Quang Hue River by closiln'' up the new Quang Hue River. embankments of vulnerable sections of Quang Hue and Vu Gia Rivers and construction of hydrolic regulatory works at the Quang Hue river mouth. 2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4. Table I below presents a summary of resettlement policy impact on households and land due to VWRAP. Vietnamese law makes a distinction between residential land. which includes garden land. and agricultural land. which includes forestland. VWRAP will cause temporarv loss of land during construction, and permanent loss of land due to enlargement and widening of canals. Furthermore a distinction is made between severe impact such as relocation and loss of more than 20% of land. and marginal impact on agricultural land with no relocation and less than 20% of land lost. 5 Table 1: Impact on Structures and Land Impact on People I Subproject Severe Im pact Marginal Impact Total Impact Relocation > 20% loss Residential Agricultural Households I Persons Cau Son Scheme 0 0 517 3.375 3.952 ¶ 16.913 1 Yen Lap Scheme o 10 182 1.351 1778 7.770 | | le Go Scheme 0 73 467 2.774 3358 15.049 I Quang Hue River 0 606 0 182 788 1 3.380 i Phu Ninh Scheme 0 0 4 369 37i | 3 L Da Ban Sclheme 0 10 532 469 926 4043 1 Dau Tieng I|0 31 O 7 11(09 11441 4862 ] Total I 10 730 ] 1.709 9.629 | 12.319 53,600 Impact on Land Subproject Residential Land (Iia) Agricultural Land (Iia) Total P J T Perniane ~~~~~~~Land CT Cu Son Scheme 4a0 e e.7 0.3 Tt3.0 3.3 2Tnp. r ( Ir7 Yen Lap Sclbeme I's O.S U. 28.1 21.2 6.9 29i.5 Ke Go Scheme 7.3 3.5 6.8 69.0 7.11 61.9 76.3 Quang Hue 0 0 0 744 0 1 74.4 74.4 Phu Ninh 0.05 0.03 0.02 3.3 I 0 2.3 Da Ban Scheme 11.4 2.0 9.4 23.1 32 19.9 34. Dau Tieng 02 0.1 0.1 78.8 5357 21 7. Total 24.4 4.1 20.3 300.4 89.5 211.0 | M4U6 The number of beneficiaries is 3.571.129 or 3.6 million people. The amount of land to be affected due to the Project is only 324.6 ha. but the number of hlouseholds to be affected is large by beinu 12.319 witlh 53.600 people. The question being how is the living standard of these people and h0ow will the Project affect their lives? 3. SOCIO-ECONOMIC INFORMATION 3.1. Sources of Data 5. The socio-economic information is based on census and land acquisition survevs for 100% of the Project Affected Persons (PAP) due to the identified area to be affected by the VWRAP subprojects. The local Irrigation Management Companies (IMCs) have conducted the inventory surveys. Land acquisition and resettlement requirements were estimated based on detailed land use data in each subproject area, and on technical designs. Detailed Measurement Survevs (DMS) will have to be conducted after the technical design has been completed before construction and implementation of the resettlement policy to be applied. 6. Socio-economic information has come from the following sources: (a) household socio- economic questionnaire surveys of a representative sample of households conducted by IMC: (bl group interview surveys conducted by the local consultants in two selected communes of the twvo project pilot areas in each subproject location; (c) stakeholder consultation at all levels: and (d) reviews of secondarv literature and data on subproject areas. In the area of the Cau Son Scheme where ethnic minorities (EM) are living integrated with the majoritv Kinh (e) repeated 6 consultations have taken place with EMs over a period of almost a year. and they are now familiar with the VWRAP and the resettlement policy to be applied. Documentation from these consultations are summarised in the SIAs. 7. Specific resettlement group interviews with PAPs were conducted by the local consultants in order to collect data on: (i) specific resettlement needs of affected ftarmers and v ulnerable' groups including female headed households. which my be adverselv affected by the Project: (ii) resettlement/compensation concerns and preferences of affected families: and (iii) measures to reduce impact. 3.2. Land Holdings S. Subproject covers geographically very different ecological areas. Even within the same subproject the ecological circumstances differ from one location to the other. For example in the Cau Son Scheme the ecological circumstances varies from the North mountain areas \vitlh forest and fruit trees. industry and livestock, to the relatively flat Midland area with mixed cultivation. to the Plains with mainly rice cultivation. A special area is Quang Hue River. whichi has been burden with floods. destruction of hamlets and human lives. alluvium at other places. and salinitv from the sea at the delta. and more than half the population supplement their agricultural income from fislling. Table 2 below provide the average landholding and thle v'ariation in between districts in the affected areas. Table 2: Average Landholding and Variation in Size in Subproject Areas Subproject Per Houselholdi ni! Per Person m' Mlaximuin andl MNinimurm m | iCau Son Schieme 1.212 280 n; i Yen Lap Scheme 3.978 845 62(-94S Ke Go Schleme 5.093 1.155 02 1-2.020 Quang Hue River 1.862 416 [ 369-492 Phu Ninih Scheme n.a. 753 I na. Da Ban Scheme 9.588 I.809 681-1.865 1 Dau Tieng1 6.534 1.5()1 | 9')91.6111 I Total Average | 4.711 965 658-1-387 n.a. = not available 9. Apart from Ke Go the average landholdings are larger in the South than in the North. which might be a result of Vietnam's historical development with collectivisation. In most areas farmers have several plots of land (up to six). Sometimes as in Cau Son farmers have in addition to their main land plots of upland which supplement their cultivation with other varieties than rice. In other areas such as Ke Go. Phu Ninh. Quang Hue. Da Ban. and Dau Tieng farmers have several plots in the same location. Thus if land is available for compensation (whichi data do not indicate is the case) it will not be a new pattern for farmers to have several plots, whichl are not connected. However. a trend towards moving along the road for business purposes. or to migrate for young people in order to take up other occupations have emerged. and that may' free land to others if the opportunity for compensation occurs. 10. Data in Cau Son and Phu Ninh. seems to indicates that the households affected on average have smaller landholdings than average for the area. For Cati Son the affected anlluLal crops landholdings are on average 280 m2 whereas the general for the area is 440 m In Phu Nihl 7 the affected landholding in Thang Binh district is 0.35 ha whereas the average for the area is 753 m2 Such data should be investigated further at the DMS to find out if additional land acquisition in the Project will make farming sustainable even with less impact than 20%. 3.3. Population and Standard of Living 11. Landholding is a good poverty indicator among farmers. but supplementary income fiom fishing as for example in Yen Lap. Quang Hue, and Dau Tieng, disturb landholding( as a measure of poverty. Also the number and age distribution within the families. influence the outcome from agricultural production. In Cau Son for example the Kinh people living, on the plain have on average 4.5 persons per household and 2.6 labourers, whereas the EM people living in the high areas on average have 5.9 persons per household with only 2.6 labourers. Therefore, the latter have to feed more mouth with the same number of farm labour. Relatively voung age of the head of household apart from being correlated to physical strength also have an educational dimension as data indicate that the younger the head of the household the more education the person hias. and. therefore. also better equipped to take up new production methods. Table 3 below show the origin of the affected peoples' income. Table 3: Income Structure as Percent of Total among PAPs Subpproject Agriculture Livestock Fishing | Salary/Allowance Trade ] Service Other I Cau Son n.a. n.a. n.a. na. na. 1 na. n a. N en Lap 49 23 I 12 5 T l lie Go 26 35 0 () °0 ° 39x_ l Quaing Hue 67 0 _T na. 1 6 9 1 7 Phau Nin h i 0 0 6 0 42* D Ban 50 27 0 23 0 T o Dau Tieno 49 23 . 1D2 (J na. = not available In Kc Go and Phu Ninh the total population hias been included. which meanls that the 39% and 42°% rCspectiCel\ ulldLer "Other is mainly ! oung people. students. and the elderly. who are not in the productive labourtforce. 12. Table 3 illustrate the PAP's dependence of water for irrigation: on average 49% of housellold income originates from farming. If livestock and fishing are included the farm-related income becomes even higher. The figures from Ke Go and Phu Ninh under "Other" indicate an age composition with many young people. which give a large number of dependants. Although many children may help their parents on the farm, the income categories for these two subprojects may be too board! and hide supplementary sources of income. Comparing table 3 above with information provided for table 4 below on household possessions, it turn Up that 59% of households in Quang Hue owe a boat, but fishing is not mentioned as a source of income for the area. 13. To measure the populations' standard of living possession of material g)oods provide a fairly good approximation. Table 4 below record the possession of selected items among affected households. 8 Table 4: PAP's Possession of Selected Material Assets as Percent of Total Subproject I Electricity Toilet* Television Radio/cassette N.lotorbike Phlone Cau Son 97 n.a. 39 53 HI I na. YenLap 97 to0 62 13 i i Ie Go 99 88 85 50 2 I l} Quano Hue** 100 14 77 36 27 | Phu Ninh 98 86+ n.a. n.a. I na. I _ Da Ban 90 53 70 58 5 1 IC) Dau Tieng 96 58 56 60 30 u n.a. = data not available 'toilet includes here both a flushine toilet and a latrine in the house. + only 25% ot these are in satisfactory sanitarx condition ** In Quang Hue 59% of PAPS own a boat 14. Table 4 illustrates the Government's success in electrification of the rural areas. Onlv a minority do not have electricity in their house. The infrastructure concerning roads. schools. and clinics are also reported to be in the subproject locations. althouLIh they maxv not all be wvell maintained or wvell equipped. Particularly medicine is needed in several clinics. and gynaecological diseases among women are alarmingly high in some areas accordinm to the Women's Association. 15. Figures in table 4 correspond well with Vietnam's economic developmlent as a countru rapidly improving and coming out of its status as a developing countrv. Consumer good are spread to large fractions of the population also in the ruLral areas. In addition to providing an overviewv of material standard among PAP. table 4 also illustrate the population's priorities. Television lhas verv high priority among PAP even surpassing toilet in QuaingT Hue and Da Ban. which is surprising for the latter. which on almost any other indicator is amonu the most well off area. The possession of a telephone (or lack of one) mav on the other hand not be under the control of the PAP. and more reflect a cgeneral (lack of) service availability in the area. 3.4. Gender and Povertv Conditions 16. Although there is no gender discrimination women have less education than men. lover income than men when employed. and female-headed households are generallv poorer than households headed by males. With the exception of Yen Lap where one quarter of households are headed by women, which might be an effect of the war, but generally less than ten percent of households are headed by women. 17. Income varies substantially between districts. Local statistics on povertv also differs from the national one' and both differs from the World Bank estimates. The last national statistics has not yet been published down to the district level. Based on the Ministry of Labour. Invalids. and Social Affairs' classification four income-level categories have been identified in the Subproject areas: Category 1. The poor-income per capita is < VND 100.000/month Category 2. The low-income per capita is from VND 100.000-199.000/month For Dau Tieng the Government standard statistics record 0.41% and local standard 0.16% of the urban population to be belowv the poverty line. For rural areas figures differs in the opposite direction xvith 1.97%16 bv Governmenit and 3.47% in tocal standard. 9 Category 3. The well-off income per capita is from VND 200.000-399.000/month Category 4. The wealthy-income per capita is >VND 400.000/month Table 5 below record the result of social surveys based on a sample among tlle affected peopLe and compare these figures with the national poverty estimate for the area. Table 5: Level of Monthly Income in Subproject Areas and Poverty Figures Subproject t Sample size <100 100-199.000 200-400.000 >400.000 Poverty rate Cau Son 1 141 32.4 51.6 16 l 0 Yenl Lap | 31 16 52 26 6 h 6 Ke Go 102 8.3 48.8 34.7 1 8.3 na. Qunng Hue 22 9.1 36.4 2773 1 27.3 1 PhudNinh 120 8.3 48.8 34.7 1 8 3 n a. Da Ban 40 55 33 13 [ Dau Tieng 1 31 16 52 26 j 6 j n a. = not available. these data are fiom socio-econornic survey 2002. Wlhere samiple size 's mdentilondCed data arc troiti socio- economic survey 2003. * This ligure is from vIOILISA 1999. The resultofasurve' conductedbv Hvidro Engineering Companv No. I in 2001 k as 20.1. 18. Figures on income distribution in subproject area witness the emergence of a middle- class society with the majority of the people in the middle income groups, although most are still in the lower end of the middle income groups. a few in the upper and lower end of the income scale. Only one figure. from Cau Son, is from an independent poverty studv covering a much laru4er area. and the diverging results hint at the conclusion that poverty figures depend on the focus on the investigation, and the figures are hardly reliable for comparison before the figures from the national statistics have been published. 5. LEGAL FRAMEWORK 5.1. Vietnam Laws 19. The Govemment has formulated several rules and regulations to protect the interests of displaced persons. Relevant acts and bylaws that govern various aspects of land acquisition and resettlement include: (i) The Constitution of the Socialist Republic of Vietnam, dated 15 Apr 1992. (ii) The Land Law, dated 14 July 1993, amended on 2 December 1998 (iii) Decree 87/CP, dated 17 August 1993, on the stipulation of the frame for the price of various categories of land. (iv) Decree 64/CP, dated 27 September 1993, on the distribution of anricultural land to households for long-term use. (v) Circular No.05-BXD/DT. dated 9 February 1993. on the classification of house types. (vi) Decree 22/CP. dated 24 April 1998. on compensation levels and other allowances for land and structures recovered for the national and public interest. (vii) Decree 17/CP. 4 Mav 2001. on Management and Utilization of ODA. 20. In April 1998, the Government issued a major decree regarding compensation for land acquisition. Decree 22/CP on Compensation for Damage when the State Recovers Land for Use 10 in National Defence, Security, and National and Public Interests. The Government has also issued guidelines for the implementation of this Decree (145/1998/TT-BTC). Bv issuing Decree 22/CP on 24 April 1998. the Government: (i) added new stipulations to accommodate with the major changes in compensation unit prices. objects to be affected, assistance levels. etc. in Viet Nam since 1993. Many of these stipulations have proven themselves appropriate with onroing WB. ADB and other donor-funded projects in Viet Nam: (ii) provided general provisions for compensation processes and procedures to all organizations and individuals who need to acquire land: and (iii) assigned. in detail, the responsibilities of the government agencies concermed in implementing the Decree. 21. Generallv. Decree CP/22 meets the objectives of WB's policy on involuntary resettlement. However. some discrepancies can be found regarding the compensation of PAP without legal rights. Table 6 presents the main areas of discrepancy. 4.2. World Bank Policy 29. The main objective of WB's Policy on Involuntary Resettlement is to ensure that PAP should be assisted to improve their living standards, income level and income (generatingy capacity. or at least to secure people would be as well off as without the project. This policy ainms to avoid involuntary resettlement whenever feasible, to minimize resettlemiienit .vhere population displacement is unavoidable. The policy states that lack of legal certificate on land will not be an obstacle for a part of affected people to be entitled to compensation and rehabilitation. The policy requires that compensation for all losses should be made at replacemenit cost. w%-ithout depreciation and deduction of savag,e materials. Table 6: Discrepancies Betwveen Decree 22/CP and WB Policv Decree 22/CP WB Policy Project Polick Article 7: Any person whose land is The absence of formal legal title All project affected people. irrespective recovered and who has not met one of the to land bv some affected groups of tenure status. social or economic conditions of Article 6. or wvho has violated should not prevent compensation. standing. will be equally entitled to be the plan. or wvho violates the protecting compensated or assisted for their lost corridor work. or who illegally occupies assets. incomes. and businesses at flull land shall not receive compensation wvhen replacement cost and pro\ ided x\ ith the state recovers the land. In case of rehabilitation measures sufi'licient to necessitv. the Provincial People's assist them to improve or at least restore Committee shall consider and decide on a their pre-project living standards. case-bv-case basis. income levels and productive capacity. Article 8: The compensation rates shall be Compensate all atfected persons. Replacement cost sur% ey s have to be determined on the basis of local prices for inciuding those wvithout title to carried out by the project staft to ensure land issued according to the provisions of land. for all their losses at that project rates for all categories ot the Government. and then multiplied by a replacement rates. loss will be equivalent to replacement coefficient to ensure the compatibilitx of the cost at current market value . compensation with the protfitability and the price of the assignment of the land use right in the communitv Decree 221CP WB Policy Project Policv Article 17: The total maximum level of Compensate all affected persons. 1Full compensation at replacement cost compensation shall not exceed 100% and including those %vithout title to wvill be paid tor all atfected structures Itle nitrimrn. leiel shall not be lower than land. for all their losses at without any deductionis for salvaLcable i 60% of thce value of the house or replacement rates. materials or depreciation. ! co:ts[ruction. priced according to the Con strLction7 price for newv buildings \vith techinical standards equivalent to the affected. Article 18: People without legal permit of All Project affected persons will Full coinpensation at replaceimienit cost counstruction sliall oniv receive 80% in be entitled to compensation tor all Project affectedl structures compensation rural areas and 70% in urban irrespective of the legal status in irrespective of legal entitlemieint. area. People who violate zoning area will both rural and urban areas, receive no compensation and illegal constructioni shall be forced to dismantle it. 5. COMPENSATION POLICY 5.1. Objectives for Resettlement 23. The objectives of the Vietnamese legislation governing resettlement and rehabilitation of displaced persons. and that of the World Bank concerning involuntary resettlement. have been adapted for the preparation of the Resettlement Actions Plans (RAPs). The objectives are set out below. An entitlement matrix is shown in Attachment I for reference purpose. The policies and principles adopted for the Project supersede the provisions of relevant decrees currently in fotce in Vietniaim wherever a gap exists between the World Bank (BP 4.12 and OP 4.12) and Vietnamese law. 24. The main objective of the Resettlement Action Plans (RAPs) is to ensuLe that all Project Affected People (PAP) will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain. their pre-project living standards and income eaming capacity. 5.2. Project Affected People (PAP) 25. Project Affected People (PAP) who are entitled to compensation are: (a) persons whose houses are in part or in toto affected temporary or permanently b) the Proj ect; (b) persons whose premise and/or agricultural land is in part or in toto affected (permanently or temporarily) by the Project; (c) persons whose businesses are affected in part or in toto (temporarilv or permanently) by the Project: and (d) persons whose crops (annual and perennial) and trees are affected in part or in toto by the Project. 12 5.3. Principles of Resettlement 26. The principle for resettlement policy in the project will be as follows: (a) Acquisition of land and other assets. and resettlement of people will be minimized as much as possible. (b) All PAP residing, working. doing business or cultivating land in rigzht of way (ROW) of land acquisition under the Project as of the cut-of-date are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-Project living standards, income earning capacitv and production levels. Lack of legyal riglhts to the assets lost will not bar the PAP from entitlement to such rehabilitation measures. (c) The rehabilitation' measures to be provided are: (i) compensation at replacement cost without deduction for depreciation or salvagoe materials for houses and otlher structures; (ii) agricultural land-for-land of equal productive capacitv acceptable to the PAP; (iii) replacement of premise land (if any) of equal size acceptable to the PAP: (iv) transfer and subsistence allowances. and (v) loss of income sources or means of livelihood. whether or not the affected persons must move to anotlher location, which is caused bv the Project. (a) Replacement premise and agricultural land will be as nearby as possible to the land that was lost. and acceptable to the PAP. In case of minor fractions of land cash compensation may apply. {b) The resettlement transition period will be minimiiized and thie rehabilitation mneans will be provided to the PAP no later than one month prior to the expected start-up date of works in the respective Project site. (c) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the PAP to ensure minimal disturbance. Entitlements will be provided to PAP no later than one month prior to expected start-up of works at the respective project site. (d) The previous level of community services and resources will be maintained or improved. (e) Financial and physical resources for resettlement and rehabilitation xvill be made available as when required. (1') Institutional arrangements \vill ensure effective and timelv design. plannina. consultation and implementation of the Resettlement Action Plans (RAP). 13 (g) Effective and timely supervision, monitoring and evaluation of the implementation of the RAPs will be carried out. 5.3. Compensation Policy for Loss of Land and Crops 27. PAP will be entitled to the following types of compensation and rehabilitation measures: (a) The general mechanism for compensation of lost agricultural land will be through provision of "land for land" arrangements of equal productive capacity. satisfactory to the PAP. Ho%'ever. if land is not available or the PAP prefers to receive cash compensation then the Following applies: Land users with legal or legralizable use rights: (i) if the portion of the land to be lost represents 20% or less of the total area of thie landholding. and the remaining land is still a viable economic holdino. cash compensation, at ftill replacement cost, may be provided to the PAP. or (ii) if mnore thani 20% of a houselholds agricultural land is acquired and the remiiaining holding is not viable theni the Project will acquire the entire landlholding and provicle cash compenisationi at full replacement cost in addition to a rehabilitationl assistance of VND 3.000,000 Users vith temporary or leased rights to use land: Compensation in cash or in foml of land for land equal to 30% of replacemenlt cost or to 30% of affected area of equivalenlt productivity at a location accepted to PAP. Users without long term or legal rights to use land (i) In lieu of compensationl for land. an assistance equal to remained investmiienit put on the land. (ii) For poor and vullnerable households who are landless and hlave not been allocated land before, will be assisted by local autlhoirty to obtain land of an area equal to milimum standards size, with full legal title to the land, and/or rehabilitation measures of value equal to VND 3,000,000 to assist them to restore or improve their earning capacity and income (b) PAP will be compensated for the loss of standing crops and fruit or industrial trees at market price. Productive trees will be compensated at replacement cost. (c) PAP whose land is temporarily taken by the works under the each subproject will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure. 5.4. Compensation Policy for Residential Land and Structures 14 2S. PPAP losina residential land wvithout structures: Comnpensation for loss of land in cash at replacement cost 29. P+AP losinuo residenitial land and structuires: ;(a For PAP loosing structures the mechanism for compensating loss of residenltiai ladLl and structures xvill be: ( I ) the provision of replacement residential land (1house site and garden) of equivalent size. acceptabLe to the PAP: (2) cash cormpensa[ion reflecting full replacement cost of the structures. Without deductioni for cleprceciationi or salvaue materials. (3) transportation cost and assistance. (4) livin- allow\ance ior six montih durin- relocatioln. (b) If the residential land and/or structur-e is onlv partially being affected by the Project and the remainine residential land is nlot suifficienlt to rebuilt thle residential srtrctlre lost. then at the request of thie PAP the entire resideential land and structur-e wvill be acquired at flull replacement cost. without depreciation. (c) Tenants. wlho lhave leased a house tFor residential purposes wnill be provided with a casih -rant of six months rental fee at the prevailing inarket rate in the area. and will be assisted in identifhin alternative accommodation. 5.5. Compensation Policv for Loss of Income and Business 29. For PAP losing income and businless the mechanism for compenisatinc will be: (I) the provision of alternative business site of equal size and accessibilitV to cLIstoellrs. satisf:actory to the PAP: (2) cash compenisation for lost business structure retlectilln 'ill replacemenit cost of the structures. without depreciation: and 13) cash compensation for tlhe loss of income during the transition period. 5.6. Compensation for Loss of Other Assets 3). PAP will also be provided compensation at full replacement cost. without dedLIctioll ftor depreciation anid sailvage materials for any other fixed assets affected in part or in toto by the Project. such as tombs and water wells. 5.7. Compensation for Loss of Community Assets 31. In cases where communitv infrastructure such as schools. brid_es. factories. \\ater sources. roads. sewaue svstems is damag,ed. the PMO will ensure that these 'would be restored or repaired as the case may be. at no cost to the community. 5.8. Allowvances During Transition Period 32. Relocated PAP are entitled to: (1) transportation costs from IO0Q.000-3.Q000000 VNDD and. (2) subsistence allowance of 200.000VN1D/personimonth for 6 months. 5.9. Temporary Impact During Construction '. nder- the contract specifications. the contractor will be required to take extreme care to a\oidl dlamacin> property during the construction activities. \Vhen damage do occur. the contractor will be required to pay compensation immediately to affected families. mroups. comllmunities. or government acyencies at the same compensation rates that shall be applied to all othler assets affected by the Project. In addition. damaged property will he restorede immiledliately to its former conldition. 5.1 0. Rehabilitation Assistance 34. Severely affected people are entitled to rehabilitation assistance to restore tieir livelihlood nlot below the standard before the Project. and preferable better thani before. People loosing mo-re tlhaLn 20% of agrricultural land or income sources wvill be provided with rehabilitationi assistance ot VN'D 3.000.000 per houselhold. This shouLid be adjusted annuLally with inflation. 6. INSTITUTIONAL ARRANGEMENTS 35. The implementation of resettlement activities requires the involvement of agencies at the nationial. provincial. district and communle level. The Ministrv of Auriculture and Rural Development (NIARD). will be responsible for the overall implemiienitationl ol' Rl'F and R APs. Resettlemnent committees shall be established at the provincial. and district level according to the provision of'Decree CP 22/1998. The provisions and policies of the RPI- and thle RAP \vill form the legal basis tor the implementation of resettlement activities in the V\VRAP. 6.1. Central Level A h,lisoi'r (lf-lgricudtrtre catind Roracil De velopment (MAL RDi) 36. NIARD is responsible for the realization of VWRAP on behalf of the Government. A Project Mvlanagement Office (P%MO) in coordinationi with relevant agencics will maniage andc supervise the overall project. including, resettlement activities and land acquisition. SuccessfUl updatingu and implementation of the RAPs will require close coordination between MARD anid other ministries and agencies as well as between PMO implementing agencies. and all local resettlement committees. Resettlement capacity will be established within the PMO to coordinate all resettlement activities wvith full-time assistance of consultants. Similar capacity will be established within the implementing agencies to implement resettlement for each componenit. Resettlement specialists will provide technical assistance to strengthen the social capacity within the PMO and implementine agencies. The PMO. wvith assistance of the consultants. will take overall responsibility as follow-s: (i) Providing overall planning. coordination. and supervision of thle resettlement program. ( ii) Guidin_ implementing agencies in updating andlor preparin- RAPs and implementing resettlement activities in accordance with the approved RAPs and 16 Resettlement Policy Framework (RPF): and if anv mistakes or shortcominu(s aLe identified througih internaL and,or external monitoring of RAP implementation. ensuire that the objectives of the RAPs are met. (iii) Finalizinuo RAPs and obtaininru, Government and %Vorld Banik appru\al abefore implementing approved RAPs. iV I Coordliiatinu- completecd implementation of approved RAPs Cor each comonolellt Wvith the award of civil works contracts for eaclh componenit. (V 1 ProvidinL resettlement trainingi to imiplenmentino agencies. all Provincial Project Managlerneent Units (PPMIU) and the Subproject [mplemenltation OOffice (SlO) staif and resettlement committees (RC) at all levels. and to [he external mionitolrinly oruanization. (vi) Providing, the budget for resettlement activities. (vii) Providing inicome restorationi and other social support as part of thle reablilitation assistance (viiiM Coordinating project-related emplovment for PAPs IconsulILin- contractors ahbouit emplovment opportunities for local people. informing PAPs about oppor.tunities and how to avail of the opportunities). (ix) Establishing standard procedures for information meetingis and stakeholder consultation. suchi as monthlv newsletters to communities on project activities. Providin- coordination with other componenits anid variouLs agencies inVOlved in RAP. implementation and monitoring x) Establishinm liaison meeclhaniisms to ensure proper technical and logistical SuppoIt to implementin- agencies: (xi I Establishing standardized PAP databases for eachi componenit. as well as lob- the Project as a whole. txii Establishing procedures for ongoing internal monitoringLt and reviewv ol' project level progiress reports and tor tracking compliance to project policies. (xiii) Establishing procedures for monitoring coordination between conltractors andl local communities and for ensuring prompt identification and comiipenlsationi of impacts to public and private assets during construction. (xiv) Recruiting. supervising. and acting upon the recommenidations of thle externtl monitoring organization. (xv) Establishinu procedures for the prompt implementation of corrective actions anld the resolution of grievances. (xv i) Reporting periodically on resettlement activities to the World Bankl 6.2. Provincial Level Prov inc icil People s Cotmnintee (PPC) 37. The PPC is the principal authoritv at the provincial level. The PPC in each involved prov ince is responsible for settingJ up and directing a council of compensation. wvhich will be called the Provincial Resettlement Committee (PRC). The PPCs are also responsible for review in= and approving the RAPs. Each PPC is responsible for the Final decision on compensation unit costs. subsidies. allowances. and supportinu policies for RAPs and vulnerable affected groups. in accordance with the RPF. Each PPC is responsible for the approval of project land acquisition and replacement land sites. if required. Each PPC is responsible for organizilln 17 the coordination between the rela[ed institutions and provincial departments for tlhe implementation of the RAPs. and to execute compensation. Prol -ic ial Pio[ieI M .anclaelnemi +'ilils (PPA IU) and Suhprojeci h71pleC7ze1e1itwP (i/fCSx (.I()J 38. Provincial Project Management Uniits (PPM4U) and;or thie Subproject Implementation Otfice (SIO) will be responisible for implementing the RAPs. Responsibilities \-ill incIIlde thle i') implementing. on behalf of the PN4O. all resettlement activities within the provincial territorV under the PPCs' and SIO management. and siunin_ contracts 'or the implementation of some resettlement components: diil ciuidinet all resettlement activities of provinces, districts and commaunes in accordance with tile project policies and directives: iii) establishing compensation unit prices for land and structures in collaboration \With otlhle provincial departmenrts folloving the rules of the RPF: settingL up procedures f-or lancd acquisition and allocation and submitting thenm to the PPC for approval: coor-dinatine. supervising, and monitoring, the implemaentation of resettlement activities in thle province: (iv) directing and monitoring the DMS process. finalizing compensation form1s. preparing1 compensation charts to suLbmit to the PPC for approval: (v) acceptino and handing over the sites to the implementinu, agencies: and (vi) cooperatini- fully wvith the external monitoring organization. 6.3. District Level District Peolple .s Committee (DPC) 3( The District People Committees are responsible for identiFIcatioll of land and structures and appointing members of the DRC and assininm fuinctional task-s for the DRC, Disivitu Resettlement Committees (DRC:s 40. The DRCs will be responsible for: ii) planning and implementation of for all resettlement acttivities in their districts under the direct professional ouidance of the PRCs. If authorized by the PPC to be completely responsible for the resettlement activities in the district in the case that no PRC is established. the DRC will play the same role as the PRC: (ii) [finding adequate land for individual relocations: dii') being responsible for DMIS. finalizing compensation forms. preparing compensation charts to submit to the PPC for approval and paving compensation directlv to eachi PAP after receivina the ftunds: (iN) establishin inspectors to redress P.AP grievances on resettlement policies and entitiements: (v) establishinm, if necessarvy commune resettlement committees (CRC) and directine their operations dungn the implementation of the resettlement activities: 18 vi) paying special attention to the needs and demands of specific groups (ethllnic minorit- groups) and vulnerable people (children. the elderly. womanisingle headed 11ouseholdsi: vsii) cooperating ftflly with the external monitoring organiza[ion. 6.4. Agency Responsible for External ItMonitoring 41. (Dne- agency specialized in the social sciences must be identitlied in order to carry out indiependent monitorinLi and eVaiuation ot RAP implemnentationi For ihe 'v'vRAP. Thex xviil submit periodic reports on the implementation prooress and makie recommendations reuardhinl( the issues identified. The terms of reference and methodolouv tor monitoringL are presentecd in Section 10. 6.5. Staff and Training 42. One ftull-time specialized resettlement staff vill be recruited for eaclh PP%'IL'.Sl0 anid the consultant teamn to assist them in fulfilling!performingu their resettlement responsibilities. Tllese peopLe should lhave background in the social sciences. .have Computer skills and good experienices, or will be trained on resettlement issues. preferably be proficiency in spoken anci written English. Depending on the scale of resettlement impacts of each subproject. a ftull time or par-t time resettlement staff will be required for local resettlement instituitions. 43. All fuill time and part time staff and decision makers involved in project resettlemiient implementiation wvill be trained on thie World Bank. Vietniam Government projecL's resettlemellt policy. methods of public consultationi. resettlement implementatiotn procedUres. techniClues uni'ied DiMS forms. managrement of PAP database. neaeotiations and mediation. 7. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS 7.1. Consultations During Preparation of Resettlement Action Plans 44. Stakelholder meetings hav'e been oruanized at the provincial. district. commune. and hamulet level.2 The consultant provided information about the Project reglary. Actions taken were as folloxvs: (i) Stakeholder meetings with the provincial and district authorities were conclucted throug,hout Project preparation. The consultants have -one back to each province and district to discuss resettlement issues. The PPCs have agreed to follow the Stakehoider interviewvs involved 5-10 people from the provincial administration. 10-20 at rhe district le-xe and from 15-30 at the commune level. At these consultations people represented grouos DSroni the National Front. Chairperson from the Father Land. Veteran Association. Women's Union. Farmer's .Association. Agricultural Expansion Union. Elderly People's Oraanisation. Extension Clubs. Youth Union. the Secretary Vice Secretarx trom the local administration. President or Vice President of CPC. Secretarx or deputy of Pary Commirtee. Head or Vice- Head of Hamlet. Commune Land Manacement Office. Commune Cadastral staff. Head of Cooperatixes. Heads of Commune's A2riculture-trricyation group. and in Cau Son .wvhere there are ethnic minorities. severai meetinus \\ere held with ethnic minorirv leaders and others. Project's resettlement policy. which reflects the WB's and GO\' resettlement objectives and principles. (ii) A Socio-Economic Household survevs were conducted for the beneficiarx and people living, in all Subproject affected areas. The HHs qILLestionnaire surveys were carried out by I[MC in 2002. iiil In each subproject area group interviewvs were conducted in at least tWO Sielectec project-affected communes. Thie consulitants in May-June 2003 conIdLuctedt 55 SUChI group interviews. The surveys and group interviewvs combined the different needs of different Fields (agriculture. social. economy. resettlement) and provided useful socio-economic information. (iv) In addition specific resettlement group interview-s with affected persons were conducted at each location desiuned to collect data on: (a) general assessmlent ot project benefit and resettlement impacts: (b) resettlement needs. preferences andl prioritv of the severely affected families: (c) vulnerable rroups which maV be adverselv affected bv the Project. and (d) measures to reduce impacts. A fter meetinus. women usually asked to be gathered to discuss in separate groups. Tllis surveys were part ot Objectives of Public Infomnation and Consultation 7.2. Objectives of Public Information and Consultation 45. Int'ormation dissemination to Project affected persons and involved agencies is an importanL part of Project preparation and implementation. ConsUltation with PAP an1d ensurinn their active participation will reduce the potential for conflicts and minimize the risk of project delavs. This will also enable the Project to design the resettlem21ent anld rehabilitation prorarm las a comprelhensive development program to suit tlhe'needs and priorities of tlle aftThcted people. and thereby maximizine the economic and social benefits of investmenets. The objectives of the public ilformation and consultation program are as follows: (i) To ensure that local authorities. as well as representatives of PAP. will be included in the planning and decision-makinz processes. The PIN10. PPMIUs anidor the SIO will continue a dialogue wvith the Provincial People's Committee and the District People's Commilittee during project implementarionl. PAP involvement in implementation wilL be continued thereafter by requestina eaclh district to invite PAP representatives to be a member of the PRC and the DRC and take part in the resettlement activities (propertv evaluation. compensation. resettlement. and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP. as wvell as receivina information about their reactions to proposed policies and activities. (iv) To ensure that PAP are able to make fully informed decisions that dill directlv affect their incomes and livinu standards. and that they wvill have the opportUtnitv to participate in activities and decision-makinu, about issues that wxill direclyN affect them. Coniclusions from these consultations are documented in the Social Impact Assessments and Summarized in the Summary of Social Imnpact Assessment in VWRAP. 20 (v) To obtain the cooperation and participation of the PAP and communities in activities necessarv for resettlement planning and implementation. (vi) To ensure transparencv in all activities related to land acquisition. resettlement. and rehabilitation. 7.3. Consultation Proposed During Implementation 4. Inlormationl Dissemination and Consultation 46. DuLinnr project implementation. PPMU/SIO. assisted bv the project consultants. will undertake the followincz: (i) Provide information to resettlement committees at all levels through training workshops. Detailed information on project policies and implementation procedures will be provided. (ii) Conduct information dissemination and consultation for all PAP throulhout the li'fe of thle project. (iii) Update the provincial unit prices. and confirm land acquisition and impact on1 properties throuLh a Detailed Measurement Survey (DMS) in conisultation with PAP. iv) The PRC/DRC will then applv prices. calculate compensation entitlements. and complete the Assets Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to PAP in the DMS folloXV-up visit to each household. (v) The Asset Compensation Form. showing the household's affected assets .nd compensationi entitlement. will then need to be signed bv the PAP to indicate their agzreement with the assessment. Any complaints the PAP have about the contenits of the form will be recorded at this time. (vi) A letter/questionnaire about resettlement options will be given to all PAP entitled to relocation (a) to inform them about resettlement options (a clear explanation of the consequences of choosing each option will be given). (b) to request that PAP confirm their choice of resettlement option and their preliminary confirmation of resettlement site location. and (c) to request that PAP indicate services such as education/healtli/markets that thev are currentlv using and their current distance from such services. (vii) Consultation regarding PAP preferred option for rehabilitation assistance. This applies to severelv affected and vulnerable PAP. The resettlement committee will infomi PAP of options and entitlement to rehabilitation assistance before askin(u them to indicate preferences for such rehabilitation assistance. B. Putblic Meetings 47. Prior to the beginning of the detailed design a' public meeting will be held in each commune to provide PAP with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected commune. A letter of invitation will be sent to all PAP at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAP with the opportunitV to discuss issues of concern and obtain clarification. In addition to a letter informing the PAP. other means will be used to inform PAP and the general public such as posters in prominent locations in the communes and districts where PAP currentlv reside: radio. newspaper and public poster 21 annouLncements. The letter and notices xwiII advise the time and location of the meetinu. and wvlho can attend. Both men and women from affected households will be encouraged to attend. as well as other interested communitv members. The meeting xvill explain the Project. and houselholds' riuhts anid entitlements. and there will be opportunities to ask questiolns. Such meetint-s %%ill he conIduclted periodically during_ the life of the Project. 48. Relevant intformation will be civen to the PAP at the meetinus (verbally. -raphicallv. an1d on printed informationi sheets). Extra copies of the printed information sheets will he availahle at towVnsIhip and district offices tilrouLlout the project area. The meetings is proposed to have tile followingt format: (i) Explanationis given verbally and in visual format. including written infor-llmationi anld draxxings oft he proposed design for the different component of the Project. ii ) Adequate opportunities will be provided for PAP to responid with questions and comments. PAP will be encouraged to contribute theil- ideas tOr PAP rehabiliation optiolls. (iii) Thle DRC xvill establish a complete list of all PAP present at the meetilns. (iv) The DRC will make a complete record of all questions. commllenits. opinions and decisions that arise durin, the information/consultation meetingts. and present a report of all the meetings to the relevant PPM/1U and/or SIO. 49. Infor-mation about the folloxving xvill be -iven to the PAP: (i) Project comp()nents. Tlis includes the places wvhere they can obtain moree detailed information about the Project. (ii) Project impacts. Impacts on the people living and workline in tile affected areaLs of the project including expianationis about the need ftor land acquisitioll for the reservoir. the canal netwvork. and other project components. (iii) PAP rights and entitlements. These will be defined for PAP (with the cut-off date). The rights and entitlements for different impact on PAP. including, the entitlements for those losing btIsinesses. jobs and income xvill be explained. Options for land-for-land and cashi. Options regarding reorganizing and individual resettlemenit. and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance anld opportunities for project-related employment. (iv) Grievance mechanism and the appeal process. PAP will be informed that project policies and procedures are designed to ensure their pre-project living standards are restored. PAP will also be inforrmed that if there is any confusion or mistinderstandin} abotit any aspect of the Project. the resettlement committee can help resolxve problems. If thev have complaints about any aspect of the land acquisition. compensationi. resettlement. and rehabilitation process. including the compensationi rates beinu offered for their losses. thev have the right to make complaints and to have their complailts heard. PAP will receive an explanation about how to access eTrievance redress procCdures. (v) Right to participate and be consulted. The PAPs will be informed about their rilht to participate in the planning and implementation of the resettlement process. The P.AP xx ill be represented on commune resettlement committees. and the representative for the PAP 22 will be present whenever commune/district/provincial committees meet to ensuLe their participation in all aspects of the project. (vi Resettlement activities. PAP will be uhven an explanation regarding coimipcisatioln calculationis an(d compenisationi payments: moniitorin- proceduLres N VhiCh Mxill incilude interviews with a sample of PAP: relocation to an individual locationiiself'-relocLtioll and preliminary information about physical works procediures. ii) Organizational responsibilities. PAEP will be iniformedl about Lhe' oranizaLtions and levels of Government involved in resettlement and the respolisibilities of eacih as wvell as the names and positions of the government officials with phone numbers. office locations. and office hiours if available. (viii) Implementation schedule. PAP will receive the proposed schedule for the main resettlement activities and informed that phiysical works will start onlv after the completion of all resettlemilent activities and clearanice from the project area. It will he claritled that ihev will be expected to move onlv after ftull paviymenit of comilpensaLtioni for their lost assets. [mplementation schedules and charts will be provided to resettleient committees at all levels. C. Compensation LciiCl Reh/abililtwioni 50. A letter of notification will be sent to each PAP with the time. location, and p-oceduLre t'or receiving compensationi pavment. Severelv affected and vulnerable PAP will be personally contacted to conrirm their preferences for reliabilitation assistance. D. Public Injfoinaution Booklet (PIP) 51. To ensure that PAP. their representatives. and local governments in tile affected areas fulilyV understand the details of the resettlement prog,ram. andi are also intformedl about the compensation and rehabilitation packages applicable to the Project. a Public lnformation Booklet (PIB) will be prepared bv the PN40. in consultation with the World Bank. This booklet will be distributed to all PAP in the project area. General contents oftthe PIB will include the followine: Brief Description of the Project. Implemenitation Schiedule. Project impacts. Entitlllelmets and Riuhts of PAP. Resettlement and Rehabilitation Policies for All Types of Impacts. Institutions Responsible for Resettlement. Information Disseminationi to and Consultations withi -Project Affected People. What To Do if PAP Have a Questioni or a Problem. Grievance Procedure. and Independent Monitoring. E. Diselosure 52. In addition to disclosure to affected people and communities. the Resettlemilent PolicV Framework and the RAPs will be available at the PMO in Hanoi. in PPMU and or the SIO and at Project districts. 7.4. Grievance Redress Procedure 53. PAP can lodge their complaints regarding anv aspect of compensation policy. rates. land acquisitioni. resettlement and entitlements relating to rehabilitation assistance programs. 23 Complaints bv PAP can be lodged verbally or in written form. but in case they are lod-ed Velballv. the committee to which it is lodged wvill write it down during the first meetino with the PAP. PAP vill be exempted from administrative and letgal fees. 54. A fi'our-stage procedure for redressing grievances is proposed as follo%xs: Stage 1- Complaiints from PAP onl any aspect of the resettlemenit programn. or losses nlot previous!y addressed shall first be lodged verbally or in written form to the people's committee at commune level. The complaint can be discussed in an informal meetilnl with thie plaintiff and the chairman of the people's committee at commune level. The people's committee at commune level will be responsible For resolving the issue wVithil I 5 days fi-om the day it is lodged. Sta-e 2 - If no understanding or amicable solutioll can be reaclhed. or it' no response froIll the people's committee at commune level is received by the PAP within 15 days of registering the complaint. he/slle can appeal to the District Resettlemenit Committee. The complaint must be settled within txvo montlhs of registering the original comiiplainit. The DRC wvill provide a decision within I month of the registering of the appeal. Stage 3 - If the PAP is not satisfied with the decision of the DPC or its representative. or. in the absence of any response bv the DPC. the PAP can appeal to the Provincial People's Committee. The Provincial People's Committee together with the representative of tllc PRC will provide a decision on the appeal wvitlin 30 days from the day it is lodued xwith thle PPC. Sta,ge 4 - If the PAP is still not satisfied with the decision of the PPC or PRC onl appeal. or in absence of any response from the PPC wvithin the stipulated timie. the PAP as a last resort. mav submit his/her case to the district court. 8. BUDGET 8.1. Financing 55. Central Government will pav resettlement costs related to land acquisitioni caused by the Subproject. 8.2. Flow of Funds 56. The PMO and PPMU/SIO will be responsible for channelling funds for land acquisitioll and resettlement to the DRC who will be responsible for the payment of compensation directly to affected persons for land. crops. trees. and for the rehabilitation assistances. The PNMlO will also be responsible for contractingi an external institution that will be engaged for independent monitorinu. 8.3. Adjustments for Inflation 24 57. Tlhe cost estimates in these RAPs are based on PPC's issued prices (to be updated btfore compe-nsation pa-meni. The rates for compensation and cash entitiements for rehabliHtation as well as allcxxances orwvable :o affected persons ^swill be adrsteied nnually. based on tlhe actual ifnnuali inflation rate. The PPMIJ/SIt) tcoether u ih ilte provinces nill determine [lte anniial inl1arion rate aind ensLure tile necessarx LIyILI ann aCdjustments are made to compenisatllon rates arid to all clash entitlements. 9.4- Compensation Prices 58. The prices used for cost estimates of land acquisition and resettlements ace based on wrst of ail thie prices issued iby tihe PPC in decision1s regulatring compensation prices for iarnd and different affec-ed assets!properties. Thie crmpensation amonunts in the detjiie-d cosi esnimalres n Tuo ie 7 and Appendi x 2 include a 2%- c cntLrlcency. l i' The curre-nt compenisation and resettlement cosrs are based on: Ia) land acctuisition and census surveys conducted in May-June, 2003- (b) identificatioln of ditferent cateTories of itnpacts. resenlemenat p.oLicis. and eimto:at:s decsc;bed in Section 5: Ic) provision of Decree 22/ 993 on compensalion and resettdew lemIt: (d) compensation prices issued by the provinces for simriLar reLeant pro acts; zind 'te assessnment of replacernment cost trade by consuLltalts, based an vailable information will 1-be specialized in the Social Sciences and experienced in resettlement monitorinM. The NO1 siouldi start their wvork as sooIn as the updated RAPs have been approved. 83. M1ftonitoring and Evalualion Indaricors. The followinu indicators will be moniitor-ed anld evaluated bv the MO: {i) Pavment oC compeilsationi Vvill be as follows: (a) full payment to be made to all affected persons sufficientlv before land acquisition: ib) adeqLuacv of payment to replace affected assets. tii) Provision of technical assistance for house construction to PAP w% ho are rebuilding their structures on their remaining land. or buildinu, their own structures in new places as arranged by the project. or on new-ly assigned plots. (iii) Provision of income restoration assistance. (iv) Public consultation and awareness of compensation policv: (a) PAP should be fully informed and consulted about land acquisition. leasing, and relocation activities: (b) the monitoringl team should attend at least one public consultation meetingl to monitor public consuitation procedutres. probtlems and issues that arise durino lhe meetings. and solutions that are proposed: (ci public awvareness of the compensation policy and entitlements will be assessed jmonue the P.AP: and (d) assessment of awareness of various options available to P.AP as providecd for in the RAPs. 29 (v) Affected persons should be monitored regarding restoration of productiVe activities. (-i) The level of satisfaction of PAP *with various aspects of the RAP will be monitored and recorded. The operationi of the mechanisms for rievance redress. and the speed of grievance redress will be monitored. vii') Throuuhl-out thie implementation process. the trendcls of 1ivin- standalds %\ill be observed and surveyed. AAnv potential problemiis in the restoration of livinlo standaLrdls will be reported. 111.4. Monitoring Nlethodology .A. Swnple S'urvex1 85. A socio-economic survey will be required before. duringu and after- resettlemlelnt implemenitation to provide a clear comparison of success/failure of thie resettleiiiemet plan. Nilonitoring will be on a sample basis. The sampie size should be 100% oi relocating hou0selholds and severelv affected farmers, and at least 10% of all other households. The samplpi surey should be conducted tWice a year. 86. The survev should include women. elderlv persons. and other vulnerable target gnroupS. It should hiave eqLual representation of male and feimale respondents. 87. A Post-Resettlemnent Evaluation will be carried out 6 to 12 months after comlpletion of all resettlelmienit activities. B. DowhL/ase Stortzge 88. The MO will maintain a database of resettlement monitoring informationl. It vill conltailn files on eaclh affected househlold and will be updated based on informationi collected in successive rounlds of data collection. All databases compiled will be fully accessible by implementing agencies and the PMVO. U. Reporiung 89. The MO will be required to submit the Findings of the periodical monitorino everv 6 months. These monitoring reports shall be submitted to the PN4O. whicih in turn will submit the reports to the World Banlk as an annex of its progress report. 90, The report should contain (i) a report on the progress of R-AP implementation: (ii) deviations. if any, from the provisions and principles of the RAP: (ii) identification of problem issues and recommended solutions so that implementinu agencies are informed about the onuoinsi situation and can resolve problems in a timelv manner: and (iv} a report on progress ot the follow-up of probl-ems and issues identified in the previous report. D. .1lonl7ioring Repot-t Followt,- Lp 30 91. The monitorintu reports will be discussed in a meetinu between the MNIO. PNO and implementing agencies held immediatelv after submission of the report. Necessary IolloW-up actioni will be taken based on the problems and issues identified in the reports and follox\-up LiSC LISSiMOS. I 0.5. Evaluation 92'. EValuation is an assessmenit at a (iven point of time ol the impact of resettlemiienit and whether stated objectives have been achieved. The external monitor will conduct an evaluaLtion of the resettlement process and impact 6 to 12 monthls after comIIpletioll ot all resettlement activities using the same survey questionnaire and sample as used during the moniorlin_ aclivities. 31 \PPENDIX 2: SUNMiMlARY OF ESTIMATED RESETTLEMENT COSTS Uss Caiu Soio N c L;ip) Ke Gee Quaw-, Hue Phu Ninuh Da) 13Ban Diul Tieno2 C) n pe nsatio ll (o Farmers 327.129 511.971 430.9)74 1.244.057 4.516 432.1l05 536.883 .\Administration 5% 16.356 25.599 64.646 62.203 3.726 21.,615 26.844 Vlonitoriwig 3" 9.814 15.359 12.929 37.323 2.235 12.963 16.1(17 Trainint, IlI.0i 1(1.001 ) 10.0100 I ((.0(M I 0.010) I0.001) Contin-lencv 1 0 36.330 51,197 51.855 124.406 7.452 43.211 53.688 Total 399.629 614.126 570.40)4 1.477.988 97.929 5>19.884 643.52" VNI) 6.154.292 9.457.540 8.784.223 22.761.017 I.51)8.106 8.0016.2)7 9.9111.2301 VND USS Compensation to Farmers 49.749.506 3.230.5i)6 Adminnistrative Costs 3.40)3,077 2.2i)9.97' Mlonitorin-. Costs 1,643.642 I1.)16.731) Triainiing Costs 1,078,000 70.00() Conti e nccv 5.669.341 368.139 Total 65.i073.501 4.323.482 The Socialist Republic of Vietnam Ministry of Agriculture and Rural Development (Draft) Vietnam Water Resource Assistance Project (VWRAP) RESETTLEMENT ACTION PLAN For CAM SON - CAU SON SUBPROJECT August 2003 Resettlement Action Plan for Cam Son - Cau Son Table of Contents I INTRODUCTION ........................ ..... 4 11 SCOPE OF LAND ACQUISITION AND RESETTLEMENT .....4......... . 4 Ill SOCIOECONOMIC INFORMATION ...... ........ 7 A. Source of Data. 7 B. Impact on Land and Structures... ............ . .... ... 7 C. Landholdings ........................ ............ ..... 7 D. Population ........................8 ..... 8 E. Income ................,.,.,... 7 F Living Conditions . .9 G. Gender and Poverty ............... ...,,.,.,,.,., ...,, 9 IV LEGAL FRAMEWORK ............................... ...10 A. World Bank's Resettlement Policy . . 10 B. Vietnam Laws . . .....-10 V COMPENSATION POLICY .. 11 A. Objectives for Resettlement . ................... .. .....11 B. Project Affected People. . 12 C Prin-ciples of Reseltlement ... ..... .. ........ . 12 D. Compensaticn Policy for Loss of Land and Crops. ...1 3 E. Cornpensat1on Policy for Residential Land and Structures.. . ,13 F Compensation Policy for Loss of Income and Business. .. .14 G. Compensation for Loss of Other Assets ........................ 14 H. Compensation for Loss of Community Assets . ........... .14 I ~ Allowances During Transition Period ................ . ............... .......... 14 J. Temporary Impact During Construction . ........... 14 K. Rehabilitation Assistance . .................................... ......... 14 VI INSTITUTIONAL ARRANGEMENTS . . . .. ........... ..14 A. Central Level. ........................ 15 B. Provincial Level ........................ .. 16 C. District Level......................... 16 D. Agency for External Monitoring . ........................:.,.,.,,.,.,.,.. . .... 17 E. Staff and Training ........................ 17 VIl PUBLIC INFORMATION, CONSULTATION. and GRIEVANCE REDRESS.. .17 A. Consultation During Preparation of the Resettlement Action Plan . . 17 1. Public Information During RAP Preparation .......... ..... .. 1 7 2. Objective of PLiblic Information and Consultation. . ... 18 B. Consultation Proposed During Implementation ...........1...............9..... . 1 1. Information Dissemination and Consultation ... .... 19 2. Public MAeetings. ... .. 19 3. Compensation and Rehabilitation . .. .21 4. Public Information Booklet . . .................... .21 5. Disclosure . . .21 C( Grievance Redress Procedure .. . . . . .................... ..- 21 Vllf BUDGET ..... 22 A. Financing., ... , 22 B. Flow of Funds . ....................... . . 22 C. Adjustment for Inflation . . . ..................... 22 D. Compensation Prices ................... . . . 22 E. 'mplementation Costs Defined ....................................................... 23 F. Cost Estimates ........................ 24 IX IMPLEM=ENTATION SCHEDULE .............................. . 25 X MONITOIRING A ND EVALUATION .... ....... .. 26 2 A. M onitoring ................... 26 B. Internal M onitoring ... .. .. ....2.. ........ ..........7............ .... 27 C . E xternal M onitoring ........................ ........ .............. . . . ... .... .27 D. Moniitoring M ethodology .................. ....... . 28 E . E valuation .................... ............. .. . ... 29 APPENDIX Entitlement Matrix ............. 30 3 1. INTRODUCTION 1 Cam Son - Calu Son Irr[gation System is one of the largest irrigation schenies in Vietnam anid plays an important role in development of agriculture in the country. The system was constructed in the late of the 70s at a timie with a shortage of investment capital and inadequate technical conditions/environmient. After about thiree decades the capacity of the system has bDeen considerably reduced. It has been seriously damaged due to poor maintenance. lack of financial resources, and poor management. The water service has worsened both in quantity and quality. The headwork has been seriously damaged. with dam safety problem at the same timie as mitigation actions have been taken at the expense of reduced irrigation water supplied for downstream agriculture and aquaculture as well domestic use. Presently, the Cau Son system can only provide irrigation water for 10,300 ha and provides water for local domestic and industral use. The water provision is only about 42.7% of the designed irrigation capacity. 2 The Cam Son - Cau Son Irrigation System Modernization Subproject is to improve the water service provided by Cam Son - Cau Son IMC to local users in both quality and quantity through investment for rehabilitation and upgrading the irrigation infrastructure wherever needed and introduction of modern irrigation management technologies. The Subproject will contribute to increased water provision for irrigation, domestic and other uses, and improved efficiency of water use and use of land and humnan resources, while reduce flood and disaster risk of the system. iniproved operation and financial sustainability of the scheme would increase agricultLiral prodLictivity and invigorate the local economy. 3. The Subproject will inclide two components: (i) rehabilitation and upgrading of physical infrastruicture of the irrigation system, starting with headwork and finishing by irrigated fields Further, rehabilitation and upgrading of existing and construction of new, so far missed, canals and works, combined with access management roads, management stations, (ii) modernization _' .e management system. Development of the first component will cause resettlement impacts due to perrmanent or temporarily acquisition of land for infrastructure construction or for civil works. 4. Investment and modernization of Cam Son - Cau Son Irrigation system will: Ensure safety, reliability and efficiency of the system's operation and service, Make cost of operational management to be low, ease the operation of the system and make it flexible to maintain, * Satisfy all reasonable water requirenlients of agriculture, domestic, industry and improve natural environment and environment for tourism development, * Create favorable conditions for utilization of labor resources: contribute to poverty aileviation, econonmic development in subproject's areas. At its completion up to the year 2010 the Subproject Cam Son - Cau Son Irrigation System will provide irrigation water for 22,416 ha of agricultural land and supply water of 0.02m3Is or 600,000 m3lyear, for domiestic and industrial uses of 8ac Giang province,. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5. The Project will have resettlement impacts in province Bac Giang, districts Lang Giang, Luc Nam and Yen Dung and Bac Giang town with the total 48 communes, which are both beneficiaries and impacted. This resettlement action plan (RAP) applies to Phase 1 with headwork. main canals including canals Giua, Yen Lai and Tay and canals of the two pilot areas. This RAP is prepared to deal with compensation and rehabilitation of affected people. At project's implementation stage, when detailed technical designs will be available and project marks indicating its recovered areas can be fixed, then will be possible for a detailled 4 rneaSUrernent survey (DMS) to precisely record all details of losses of the affected people Such DMS data will serve as final legal basis for implementation of the subproject compensation. rehabilitation and resettlement activities. Each component is describecd as follows: (i) Headworks. Rehabilitation of headwork structures of Cain Son - Cau Son stibproject involves rehabilitation and reinforcement of exislina infrastructure and dcesn I iiiipI:cate new acquisitioni of land. (ii) Canal system. The identified canals for investment of Cain Son - Cau Son Irrigation Scheme includes main canals and the canal subsysterns of two pilct areas M*an canals of Cam Son - Cau Son scheme includes four main canals Kenh Chinh Bao Son, Kenh Giua, Kenh Tay and Kenh Yen Lai with the length of-1O.Qkm: 34.8 kri: 28.0 and 12.8 km respectively. All of them so far are earthen made canals and have unstable bank conditions, easily subject to erosion and siltation. They are all in poor conditions and need investment to improve and reach the designed capacity. Pilot area: Two selected pilot areas includes subsystems of the canal Y2 feedJing from Yeni La, canal and and Nui Sui canal, secondary canals of the Giua canal, located in Lang Giang and LLic Nam districts and partially covering Yen Dung district. a Generally. fhe canals are in poor conditions, seriously eroded, broken due to poor management, maintenance, and lack of capital for investment. The width (cross sections) usually are wider than the designed parameter as resulits of erosion while the bed has been ti led Up wJth silts, which hindering the water fow to pass through All these result in reduction of water conveyance to 40-45% of their designed discOarge. 7. The rehabilitation and upgrading of canal system of the pilot area involve following subcomponents: (a) rehabifitate the existing, damaged irrigation and drainage canals, widening 'he narrowed sections, construct new, additional canais wherever they are lacking, and ehabilitate and construct supplement irrigation works of the canals; (b) rehabilitate existing and zonstruct complement drainage canals and works; (c) rehabilitate and upgrade water control 3nd delivery works: (d) r'*habilitate and upgrade imanagement access roads. Development of hese subcomponents may cause both permanent and tetnporary acqLuisition of land for lining of existing or buLilding of so far missed canals of different levels, irrigation works and access roads The Inventor-y of Losses (IOL) for all idenfified areas in Phase 1 has bee-n carried oul by the Cam Son - Cau Son IMC in May 2003, According to results of the IOL, there are 21 coMMLnes of Bac Giang province (Canal Systeml) and 1 commuLne of Huu Lung district of Lang Son province (Headwork:, will be affected by the identified subproject components, which include headworks (access road to headwork), four main and primary canals and canal subsystems of the two pilot areas. 9 The Project wit cause total loss of 27.5 ha land of 3375 HHs, of which only 4 D ha will be permanently lost and 23.7 ha is temporary lost. Among the total 3375 HHs affected, there are only 269 H.Hs with 3.2 ha of agricultural land, and 55 HHs with 0.8 ha of residential land, which will be permanently affected. The rest of the project affected people (PAP) will only be temporarily affected. There is no HHs to be severely affected. Most of the PAP have legal status and small part of PAP have temporary use right to their affected land. 10. Tablel presents a summary of the impacts on the land and structures for subproject components: Table 1: Summary of Imipacts on Land and Structures 5 for Cam Son - Cau Son Irrigation System Modernization subproject f Severe nmpact j Marginal Impact Total Impact ' Nameofvvorks|- - wrShopt Agric R Id HH. Resid. HH F Houises (>20%). esle Agric HH Persons HH... FHH (<20%A) Hend works 0 0 0 2 27 37- 151) Canal Tay 0 0 __ 15 227 248" 1 w, I Canial Giua 0 0 0 227 1065 1290 5521 Canal Yen Lai -0 0 0 103 928 1051 -19"i Canal Y2--____.__ tPilot area of _ 0 0 15 110 126 C area of 0 0 0 155 1022 1200 5135 5 Canal Nui5Sui --- __ ___ - ___ __ + _ _ - _ . _ - _. . Total 0 0 0 517 3.75 3_952 16,913 Total Loss of Land (ha) Residential Agrc. Forest Unused Other Total tHead works _ 01 2_ 0 0 - _ 2.8 ICaiial 1ay 0 13 0.9 O 0 O 1.2 t Callai Giu-a- ____- 1.0°4 . _°° ___ 12.0 Canal Yen Lai _ 0.6 5.1 0 _ 0 5.7 CaiFoaleao 0 6 0 0 0.6 Pilotareaof 01.2 40 0.0 0 0 5.2 Canal_N4ui Sui 1° - - - °- ----- ----_ Total 319 23 0.3 0 G 27.5 Total Permranent Loss of Larci (ha) Residential Agric. Forest Unusee Other I otal | lead works 0.1 3.3 0 .0 C I 04 CanalTay 0.1 0 0 0 0 0.1 Catial Giua 0.5 2.1 0 0 0 2.6 F - -- -- -.-- _ _ _ _ _ _.. - _-.-._… -..--t _ __---... -.- F- - --.. . -- I Canal Yen Lai 0.2 0.8 0 0 0 1.0 Pilot area of I 0 Caral Y2 I Pilot area of 0 0 0 ! Canal Nti Sui i _ i Total 0.8 3.2 | 0.0 0 0 4.0 Sowuie Car,1 Son - Cat Sgo; tMC (OL of May, 2003 IlI 7cltdwio of all types impacts, permanent loss. toss of ln7d, loss of crops/trees. Total number of PAPs may be nof a honsontal sum f1p 11 The purpose of this RAP is to prepare a plan of actions and measures dealing wrth compensation and rehabilitation of project affected people, ensuring that all project affected people (PAP) will be at Feast as wefl off after the project as they would have been in thle absence of the Project. This RAP is based on (i) a census and Inventory of Losses (IOL) of 100% of PAP in the headworks. main/primary canals and all canals and access management roads identified in the pilot area: (ii) on a sample HHs socio-economic surveys in the project 6 affected comm-unes, conducted by Cain Son - Cau Son IMC in 2002 arid the consullants n 2003: (iii) on group interviews and discuss ons in project affected comnmlunes, coliducted by hle consultarts during the feasibility study. May 2003. Policies for compensatlon. relocation, anrd rehabilitation have been estabSsheo based on these surveys, applying Vlietnam's existing Saws and decrees regulating resettlement and the World Bank Operative Directives OP 4 12 on Involuntary Resettlenient, OD 4 20 on Indiqenous People and OPN 11 03 on Cultural Property Following detailed design of these miain comilponients, this RP will be updated by Carn Son - Cau Soai PPMU/SIO to include revised nutmbers of PAP and updated compensation Lunit rates for all categories of lost assets and allowances, and following approval by WB and the Government The updated RAP will be implemenlecl by the resettlenient coimmrnitlees (RCs) under the guidance of the people's coninittees of each district and MARD. Careful coordination between all the agencies and ministries will be necessary to complete the different resettlement activities successfully. The provisions and policies of this RAP will form the legal basis for the implementation of resettlement activities for the Cam Son - Cau Son Subproject. III. SOCIOECONOMIC INFORMATION A. Source of Data 12. This RAP has been based on census and land acquisition surveys for 100% of PAP due to identified main canals and canals of tihe pilot irrigation areas. The Cam Son - Cau Son IMC conducted the inventory survey in May 2003. Land acquisition and resettlement requirements were estimated based on detailed land use data in each sLibproject's area, and on technical designs. New census and detailed measLirenient surveys will be necessary during the iniplenientation phase to precisely identify households affected by the Project. 13. Socioeconomic information has come froni several sources: (i) household socio- economic questionnaire survey of 141 HHs conducted by the IMC in 2002: (ii) group interview surveys conducted by the consultants in two selected commnunes of the two project pilot areas in 2003 (iii) Stakeholder consultation at all levels and review of secondary data/literature on subproject areas, conducted by consultants in 2003. 14. Specific resettlement group interviews with PAP were conducted to collect data on (i) specific resettlement needs of affected farmers and vulnrerable groups which may be adversely affected by the Project, (ii) resettlement/conipensation concerns and preferences of affected families, and (iii) measures to reduce impacts. B. Impacts on Land and Structures 15 Reehabilitation of the headworks, main canals and canals of the pilot areas and other related irrigation works of Cani Son - Cau Son) schenile for phase -1, will recover- about 27.5 ha of land aniong which there only 4.0 ha will be acquired permanently. In total, resettlement impacts will be posed on 3952 HHs with 16913 people impacted. No HIs will have to be relocated and no HHs loses niore than 20% of their agricultural land holding. The total residential land affected are 3.9 ha with 517 HHs affected. Oiily 08ha belonging to 55 Il-Is will be lost permanently and other 3.2 ha wvill be lost temporarily. C. Lanc holdings 16. The avserage annual crop land (flat field) is epqal to 1,212 m2/H-it for all the PAP registered: 2.634 m2/HH for the pilot area of canal Y2 and 1416m2/HH for the pilot area of canal Nui Sui. The low per capita arable (annual crops) land is due to the geographical conditions, where the hilly and miore or less intersected relief may be domiinated in the upland areas. 7 However, besides the flat annual crop land, the local people usually have upland, slope fieds and/or forest land which could be an important source of the HHs income. (see Table 2) Table 2: Average land holding (arable land) (m2) I Average land holding Per capiata arable | l _________________l________ (m2/HH) land (m2/pers) Subsystem of pilot area canal Y2 (Luc Noan disatricti 1 2634 573 Subsystem of pilot area of canal 1 Nui Sui (Luc Noan district) 1416 307 All the PAPs identified 1212 280 Source: Results of Inventory of losses of PAPs. 2003 D. Population: 17. The almost PAPs of the identified canals are of Kinh group. Although there are different ethnic minority people living in the project area who are benefited from it, the survey results of PAP show that there are very few ethnic minority HHs (about ten Tay HHs) will be affected by the canal Giua among identified project components. 18. The average HH size in the project districts is 4.9, the average number of HH's labor is 2.14. The female makes up 50.8% of the total population and they accounts for 19.3 % of the HH's Heads surveyed. During the last decade, the population growth has been considerably decreased, achieving the rate of 1.05% by the year 2000, thanks to the successfull realization of the State Family Planning Program. E. Income 19. Agriculture is the most important source of HHs income of the PAP surveyed. It is almost the only source of income for the considerable part of the project population. Agriculture includes cultivation of wet rice, mostly, and upland rice, partly, upland crops and fruit trees; and livestock including buffalo, cow, pig and poultry. The non-farm activities are very limited within the project area, but an increasing part of the local youth labor is now leaving the region in seeking for jobs in the big cities. Cultivation of fruit trees such as litchi, longan, custard-apple, persimmon have been well developed in the areas to supply fruits for the urban population, which makes up more than a half of income for the majority of the HH surveyed. The average income is 5,350 VND/HH/year or 64,326 VND/year per capita. The level of per capita income varies considerably among the HHs suveyed of different communes. Table 3: Levels of Monthly per capita Income (%) l Average yearly Average per capita income (IOOOVND) HH income 200- <100 100-199 1 400 > >400 Long Gians | 5,536 I 28.6 50.2 21.2 0 Yen Dunt e 10,518 20 60 20 0 Luc.Namr 5,185 17 83 0 0 Total 7.075 I 32.4 516 16 0 Source: Socioeconomic survey 2002. F. Living Conditions 0. Social infrastructure is available in all communes: all the surveyed communes have primary schools, health care center, connection to telecommunication etc. However the access road to the commune center still is lacking or in relatively poor conditions in some communes. The HHs' facilities are shown in the Table 4 below. Table 4: Households facilities (in % to total HHs surveyed) Lighting Source of domestic water Tradition El.ectrici other Pumpin i Rainy Pond/ ty energy g!Neil Earthen watrer river _ _ __ ._ _ _ _ _ _ _ _ w ell Lang Giana 100 . 0 3___ 86 12 L_I YenDunq ! oo o' ! °! 5_ 90o 31 2 Luc Nam 92.31 7.71 121 86j 1 E o Source: Socioeconomic survey 2002. 21. The ownership of assets by the PAPs surveyed shows an average living standards of living where a half of the HHs surveyed: 90% of HHs have furniture, (38.5%) possess TV, mostly color TV; 53.2% have radio-casset; 9.5% have motorbike; 5% have tractor; 85.6% of HHs have bicycles. G. Gender and Poverty 22. Table 5 below shows the poverty rate of the selected project districts. The general trend of the local poverty is decreasing, but only slightly. The main problems of the poor are lack of capital for investment in production, shortage of land, labors and employments. Thus, the main concerns of the poor are that they prefer to be compensated in form of land for land. The poor are particularly interested in involvement in working for the project as an opportunities to earn cash and improving their HH income. Table 5: Poverty rate of project affected district (%) Source of information Total | Lana Giang district Yen Dung district I Luc Nam district I MOLISA, 1999 -24.8 20.7 38.6 35.3 Results of survey conducted by 20.1 13.1 29.3 35.3 HydroEngineering Company Nol. 2001 23. Generally no discrimination towards women. However, to ensure gender equality participation in the subproject training/capacity building scheme/plans and employment opportunities should have high priority. Special attention and allocation of equal resources and opportunities, especially employment opportunities to local women should ensure women's equal participation in the whole subproject's cycle. 9 E. Implementation Costs Defined 65. Costs for land acquisition and compensation will be fully funded by the Government. Resettlement administrative cost include performing resettlement activities by PPMUISIO and resettlement consultant, and managrement fees for various resettlement committees. implementing agencies. It consists of cost for the payment of salaries, per diem, logistics. management fees, etc: cost for Detailed Measurement Survey (DMS) of losses, evaluation of assets lost, pricing application; public information and dissemination, preparation Project Information Booklet, posters. materials and dissemination of information: cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 66. A budget will be provided for training of fuil time and/or part time staff involved in the project resettlement activities. Contents of the training will cover such topics as resettlement policy of the project, of WB and the Vietnam current resettlement policy; outstanding resettlement issues, stakeholders participation; methods of public information and consultation. Specific resettlement topics and skills, for example, the DMS and compensation forms, evaluation of lost assets, identification of entitlements. Training will be provided to particular groups of resettlement officials and consultants. Training of staff and consultants for capacity building is set to VND 154,000 (5 1 0,000). 67. Monitoring costs includes costs for internal and external monitoring, which is set to 3%. A contingency cost is set to 10%, as shown in table 7 below. G. Cost Estimates 68. The estimated costs of resettlement for the all land and crops/trees cost affected by project's identified components in Phase 1 is VND 6,154,292 (USS399,629), as shown in Table 7 below. Table 7: Compensation Costs Project Perm Land acqstion impacts/ Unit Quantity Unit Total cost Total component Acquisition entitlements of rate ('lCC VND) cost reqdo {ha) severely losses ('C00 (US$) affected VNO) Headwork 0.2 Lane agr.(annual crops, m2 1,923 30 57,690 3,746 0 permanently lost) Land agr.(annual crops. m2 9.828 4 39.312 2.553 tempor lostl Crops m2 30.857 4 123,428 8.015 Land (Aquacult.. permanently m2 1.206 30 36.180 2.349 lost) Shnmfilsh m2 1.206 5 6,030 392 Trees Tree 32,676 2,848,000 184,935 . I~~~~~~~~~~~~~~~~~~~~~~~~~~~ Main canals 3.8 Land agr.)annual crops. m2 21,742 30 652,260 42,355 (including permanently lost) Chinh,Tay, Giua and Yen Lai) 0 l Land agr.)annuai crops, m2 87.262 4 349.048 22.665 temporarily lost) Land nerenial caops lana m2 3.229 20 64,580 4,194 Lana (Aquacult., permanently m2 964 30 28,920 1,878 lost) _ _ _ _ _ _ _ Lana (ApuacuLit. temporarily m2 9,757 5 48.785 3.168 Land (resic., permanenly lost) m2 5,992 38 227 696 l14,735 Land (Resid., temooran y ostl rn2 13,256 6 79.536 5,155 Crops (an-nual) m2 5,071 4 20.284 1,3 7 S-,rmifish rn2 6 5,114 5 30.5703 1,Th5 23 opportunities, especially employment opportunities to local women should ensure women's equal participation in the whole subproject's cycle. IV. LEGAL FRAMEWORK A. World Bank's Resettlemenit Policy 24. The main objective of WB's Policy on Involuntary Resettlement is to enSure that PAP should be assisted to iniprove their living standards, income level and income generating capacity. or at least would be as well off as without the project The policy aims to avoici involuntary resettlement whenever feasible, to minimize resettlement where population displacement is unavoidable. The policy stipulates that lack of legal certificate on land will not be an obstacle for a part of affected people to be entitled to compensation and rehabilitaticn. The policy requires that compensation for all losses should be made at replacenment cost, without depreciation and deduction of savage materials. B. Viet Namn Laws 1. Relevant Vietnamese Acts and Bylaws 25. In recent years, the Government has formulated several rules and regulations to protect the interests of displaced persons. Relevant acts and bylaws that govern various aspects of land acquisition and resettlement include: (i) The Constitution of the Socialist Republic of Viet Nam, dated 15 Apr 1992. (ii) The Land Law, dated 14 July 1993, amended on 2 December 1998 (iii) Decree 87/CP, dated 17 August 1993, on the stipulation of the frame for the price of various categories of land (iv) Decree 64/CP, dated 27 September 1993. on the distribution of agriculltural land to households for long-term use. (v) Circular No.05-BXDI/DT, dated 9 February 1993, on the classification of house types. (vi) Decree 22/CP, dated 24 April 1998, on compensation levels and other allowances for land and structures recovered for the national and public interest. (vii) Decree 17/CP, 4 May 2001, on Management and Utilization of ODA. 2. Decree 22/CP 26. In April 1998, the Government issued a major decree regarding compensation for land 3cquisition. Decree 22/CP on Compensation for Damage when the State Recovers Land for Jse in National Defense, Security, and National and Public Interests. The Government has also ssued guidelines for the implementation of this Decree (145/1998/TT-BTC). By issuing Decree 72/CP on 24 April 1998, the Government: (i) added new stipulations to accommodate with the major changes in compensation unit prices, objects to be affected, assistance levels, etc. in Viet Naam since 1993 Many of these stipulations have proven appropriate with ongoing WB, ADB and other donor-funded projects in Viet Nam: (ii) provided general provisions for compensation processes and procedures to all organizations and individuais who need to acquire land: and (iii) assigned, in detail, the responsibilities of the government agencies concerned in implementing the Decree. 10 27. Generally, Decree CP/22 meets the objeciives of WB's policy on involuntary resettlement, however, some discrepancies can be found regarding the compensation of PAP without legal rights. Table 6 presents the main areas of discrepancy. Table 6: Discrepancies Between Decree 22/CP and WB Policy r Decree 221CP WB Policy Project Policy Article 7 Any personi whose land is The absence of formal legal All project affected people, recovered aiid who lias not met one of title to land by some affected irrespective of tenure slattis, social [he conditions of Article 6. or who has groups shoLIld not prevent or econoniric slanding. will he violated the plan. or who viol;ltes the comnpenisalirn entitledJ lo he corm pernsatiorn or p Fotecting corridor work, or who illegally assitance lor Ihoir In,s aIsets occupies land shall iret receive inlcomies, and businesses at fill compensation wvheti [lie state recovers replpneirient cost ancl provided wit h tile land )In case of niecessity, the rehabililation measuires sufficienit to X Provincial People's Committee shall assist tiem to improve or at least onsider anid cecide on a case-by-case restore thieir pre-protect living basis. stanJaris. inconie levels and L-- __ __ ____ produ ctive capacity. Arlicle 8 The compensalioni rates shiall Comiperisate all affecled Replacernenl cost siurveys have lo be determinted on Ihe basis of local persois, includinig those be carried olut by the prclect to prices for land Fssued according to the without title to land, for all their ensure that project rales for all provisions of the Government. and then losses at replacement rates. categories of loss vjill be equivalent multiplied by a coefficient to enSLire the to replacement cost at cLirrent compatibility of the compensation with market value to be updaled at the the profitability and the price of the time of comnensation. assignment of the land use right in the community ere____ __ _ _____ _ _ Article 17: The total maximum level of Compensate or assist alt F ll compensation at replacement compensation shall not exceed 100% affected persons, including cost wilt be paid for all affecled arid the minimum level shalt not be those without title to land, for structures without any deductions for lower than 60% of the value of the all Iheir losses at replacement salvageable materials or lioLise or construction, priced according rates. depreciation to Ihe construction price for new builidilIgs wilh lechnical standards equivalent to the affected. Article 18: People witilout legal per-mit of All Project affectecd petsons Full cormpenisation at replacement constniction shall only receive 80% in will be enlitlecl Io cost or assistance for all Project compensation rtural areas and 70% in compenisation irrespective of affected Structuires irrespective of urban area, People who violate zoning the regal status in both rural legal entittlemenit. area will (eceive no compensation and and urba n areas. illegal construction shall be forced to dismantle it. V. COMPENSATION POLICY A. Objectives for Resettlement 28. The objectives of the Vietnamiiese legislation governing resettlement and rehabilitation of displaced persons, and that of the World Bank concerning involuntary resettlement, have been adapted for the preparation of this Resettlement Action Plan (RAP). The objectives are set out below. A recommended entitlement matrix is shown in Attachment 1 for reference purpose. The policies and principles adopted for the Project supersede the provisions of relevant decrees currently in force in Vietnam wherever a gap exists between the World Bank (BP 4.12 and OP 4.12) and Vietnamese law. 29. The main objective of the RAP is to ensure that all Project Affected People (PAP) will be compensated for their losses at replacement cost and provided with rehabilitation measures to 1 1 assist them to improve, or at least maintain, their pre-project living standards and income earning capacity. B. Project Affected People (PAP) 30. Project Affected People (PAP) who are entitles to compensation are: people whose houses are in part or in toto affected temporary or permanently by the Project; people whose premise and/or agricultural land is in part or in toto affected (permanently or temporarily) by the Project; (c) people whose businesses are affected in part or in toto (teinporarily or permianently) by the Project; and (d) people whose crops (annual and perennial) and trees are affected in part or in toto by the Project. C. Principles of Resettlement 31. The principle for resettlernent policy in the project will be as follows: (a) Acquisition of land and other assets. and resettlement of people will be minimized as much as possible. (b) All PAP residing, working, doing business or cultivating land in right of way (ROVW) of land acquisition under the Project as of the cut-of-date are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre- Project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost will not bar the PAP from entitlement to such rehabilitation measures. (c) The rehabilitation measurcs to be provided are: (i) compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land-for-land of equal productive capacity acceptable to the PAP; (iii) replacement of premise land (if any) of equal size acceptable to the PAP: (iv) transfer and subsistence allowances, and (v) loss of income sources or means of livelihood. whether or not the affected persons must move to another location, which is caused by the Project. (d) Replacement premise and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the PAP. In case of minor fractions of land cash compensation may apply. (e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the PAP no later than one month prior to the expected start-up date of works in the respective Project site. (f) Plans for acquisition of land and other assets and provision of rehabiiitation measures will be carried out in consultation with the PAP to ensure minimal disturbance. Entitlements will be provided to PAP no later than one month prior to expected start-up of works at the respective project site. (g) The previous level of community services and resources will be maintained or improved. 12 (e) Financial and physical resources for resettlement and rehabilitationi will be made available as when required. (f) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of the Resettlement Action Plans (RAP). (g) Effective and timely supervision, monitoring and evaluation of the implementation of the RAP will be carried out. D. Compensation Policy for Loss of Land 32. As all PAPs losing agricultural land are marginally affected. For arable land that will be permanently affectecl, the PAPs will be entitled as follows Land Users with Permanerit or Legalizable Use Rights (i) Cash compensation for crops and trees at market prices. AND (ii) Cash compensation for acquired land at 100% of replacement cost. Land Users With Temporary or Leased Rights to Use Land (i) Cash compensation for loss of crops and trees at full market prices: AND (ii) Cash compensation for;acquired land equivalent to 30% of land replacement cost PAP whose land is temporarily taken by the works under the each subproject will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure E. Compensation Policy for Residential Land 35. There is only one type of permanent loss of residential land: Loss of residential land without structures built thereon. There are in total 55 PAPs losing 6,885 m2 of residential land permanently. In such cases of residential land loss permanentily without structuresbuilt thereon, the PAPs will be entitied to compensation in cash at 100% of the replacement cost of the affected land, AND, Cash compensation at full market price/replacement cost for all attached movable assets. Loss of Standing Crops and Trees 4. For annual and perenial standing crops, compensation will be paid to households who cultivate the land according to the full market value of the affected crops, regardless of the legal statLis of the land. For perenial crops, if the plants are not yet ready for harvest, compensation will include the total cost of initial investment and care until the time of the land acquisition. in case perennial plants can only be harvested once, compensation will be paid for the total cost of investments and care calculated until the time of the land acquisition. Compensation will be in cashI G. Compensation for Loss of Other Assets 13 35. PAP will also be provided compensation at full replacement cost, without deduction for depreciation and salvage materials for any other fixed assets affected in part or in toto by the Project, such as tombs and water wells. H. Compensation for Loss of Community Assets 36. In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, CPO of the MARD will ensure that these would be restored or repaired as the case may be, at no cost to the community. I. Atlowances During Transition Period 37. Relocated PAPs are entitled to: (1) transportation costs from 1.000.000-3.000.000 VND, (2) sLubsistence allowance 30 kg. rice/person/month up till 6 inonths, and (3) house rent at mnar-ket price for up to 6 montlhs. J. Temporary Impact During Construction 38 Under the contract specifications, the contractor will be required to take extreme care to avoid damaging property during the construction activities. When damage do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored iminediately to its former condition. C. Allowances During the Transition Period 5. As there no severely affected HHs, the provision of allowances may be restricted to special to the vulnerable/disadvantaged PAPs who specially are in need of assistance and/receive special social support. For these PAPs, the project wilt provide with a special social assistance not less than D1,000,000 to assist them rehabilitate their living standards. At the time of compensation, allowances will be adjusted to account for inflation. VI. INSTITUTIONAL ARRANGEMENTS 40. The implenientation- of resettlemiient activities requires the involvetment of agencies at the national, provincial, district and commune level. The Ministry of Agriculture and Rural Development (MARD), will be responsible for the overall impiementation of the RAPs Resettlement committees shall be established at the provincial, and district level according to the provision of Decree CP 22/1998. The provisions and policies of the RPF and the RAP will form the legal basis for the implementation of resettlement activities in the \VVRAP. A. Central Level Ministry of Agriculture and Rural Deve/opment 41. MARD is responsible for the realization of VWRAP on behalf of the Government. A Project Management Office (PMO) in coordination with relevant agencies will manage and sLipervise the overall project, including resettlemlient activities and land acquisition. Successful updating and implementation of the RAPs will require close coordination between MARD and other ministries and agencies as well as between PMO implementing agencies, and all local resettlement comiimittees. Resettlement capacity will be establislhed within the PMO to coordinate all resettlement activities with full-time assistance of consultants. Similar capacity will be established within the implementing agencies to implement resettlement for each 14 component. Resettlement specialists will provide technical assistance to strengthen the social capacity within the PMO and implementing agencies. The PMO. with assistance of the consultants, will take overall responsibility as follows: (i) Providing overall planning coordination, and supervision of the resettlement program. (ii) Guiding implemnenting agencies in updating and/or preparing RAP and implemnenting resettlement activities in accordance with the approved RAP and Resettlement Policy Framework (RPF): and if any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensure that the objectives of the RAP is met. (iii) Finalizing RAPs and obtaining Government and World Bank approval before implem-lenting approved RAPs. (iv) Coordinating completed implementation of approved RAPs for each component with the award of civil works contracts for each component. (v} Providinig resettlemilent training to implementing agencies, all Provincial Project Managem-nent Units (PPMU) and the Subproject Implementation Office (SIO) staff and resettlement committees (RC) at all levels, and to the external monitoring organization. (vi) Providing the budget for resettlemilent activities. (vii) Providing income restoration and other social support as part of the rehabilitation assistance (viii) Coordinating project-related employment for PAP (consulting contractors about employment opportunities for local people, informing PAP about opportunities and how to avail of the opportunities). (ix) Establishing standard procedures for information meetings and stakeholder consultation, such as monthly newsletters to communities on project activities. Providing coordination with other components and various agencies involved in RP, implementation and monitoring (x) Establishing liaison mechanisms to ensure proper technical and logistical support to implementing agencies; (xi) Establishing standardized PAP databases for eachi component, as well as for the Project as a whole. (xii) Establishing procedures for ongoing internal monitoring and review of project level progress reports and for tracking compliance to project policies. (xiii) Establishing procedures for monitoring coordination between contractor and local communities and for ensuring prompt idenitification and compensation of impacts to public and private assets during construction. (xiv) Recruiting, supervising, and acting upon the recommendations of the external monitoring organization. (xv) Establishing procedures for the prompt implementation of corrective actions and the resolution of grievances. (xvi) Reporting periodically on resettlement activities to the World Bank B. Provincial Level Provi/ncial People's Committee (PPC) 42. The PPC is the principal authority at the provincial level. The PPC in each involved province is responsible for setting up and directing a council of compensation. which will be called the Provincial Resettlement Committee (PRC). The PPCs are also responsible for reviewing and approving the RAPs. Each PPC is responsible for the final decision on compensation unit costs, subsidies, allowances, and supporting policies for RAPs and vulnerable affected groups, in accordance with this RPF. Each PPC is responsible for the approval of project land acquisition and replacement land sites, if required. Each PPC is 1 5 responsible for organizing the coordination between the related institutions and provincial departments for the implementation of the RAPs, and to execute compensation Provincial Project Managemerrt Units (PPMU) and Stibproject Implementation OfficeF (StO) 43. Provincial Project Management Units (PPMU) and/or the Subproject Implementation Office (SlO) will be responsible for implenmenting the RAPs. Responsibilities will include the following: (i) implementing, on behalf of the PMO, all resettlement activities within the provincial territory under the PPCs' and SIO management, and signing contracts for the implementation of some resettlement components; (ii) guiding all resettlement activities of provinces, districts and communes in accordance with the project policies and directives; (iii) establishing compensation unit prices for land and structures in collaboration w,th other provincial departments following the rules of this RPF; setting up procedures for land acquisition and allocation and submitting them to the PPC for approval: coordinating, supervising, and monitoring the imnplenmentation of resettlement activities in the province; (Iv) directing and monitoring the DMS process, finalizing compensation forms, preparing compenisation charts to submit to the PPC for approval: (v) accepting and handing over the sites to the implementing agencies: and (vi) cooperating fully with the external monitoring organization. C. District Level District People's Committee (DPC) 44. The District People Comnmittees are responsible for identification of land and structures and appointing members of the DRC and assigning functional tasks for the DRC. District Resettlement Committees (ORCs) 45. The DRCs will be responsible for: (i) planning and implementation of for all resettlement activities in their districts under the direct professional giiidqnce of the PRC.s. If aiithorized hy the PPC to be completely responsible for the resettlement activities in the district in the case that no PRC is established, the DRC will play the same role as the PRC; (ii) being responsible for DMS, finalizing compensation forns, preparing compensation charts to submit to the PPC for approval and paying compensation directly to each PAP after receiving the funds; (iii) establishing inspectors to redress PAPs grievances on resettlement policies and entitlements: (iv) paying special attention to the needs and demands of specific groups (ethnic minority groups) and vulnerable people (children. the elderly, woman/single headed households); (v) cooperating fully with the external monitoring organization. D. Agency Responsible for External Monitoring 46. One agency specialized in the social sciences must be identified in order Lo carry out independent monitoring and evaluation of RAP implementation for the VWRAP. They will submit periodic reports on the implementation progress and make recommendations regarding the 16 issues identified. The terms of reference and methodology for monitoring are presented in Section 9. E. Staffing and Training 47. One full-time specialized resettlement staff will be recruited for each PPMU/SIO The PMO and the consultant team will assist them in fulfilling/performing their resettlement responsibilities. These people should have background in the social sciences, have computer skills, proficiency in spoken and written English, good experiences arid be wiiling to be trained on resettlement issues. Depending on the scale of resettlement impacts of each subproject, a full tinme or part time resettlement staff will be required for local resettlement institutions, 48 All full time and part time staff and decision making involved in project resettlement implementation will be trained on the WB, GOV and project's resettlement policy, methods of public consultation, negotiation, etc. Specific resettlement skills training will be given to nLrmerators, implementation staff in resettlement implementationi procedures, techniques, unified DMS forms, management of PAP database. VIl. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations Dluring Preparation of the Resettlement Action Plan 1. Public Information During RAP Preparation 49. The consultant provided information about the Project regularly. Actions taken were as follows: (i) Group interview surveys were conducted in four project affected communes. Specific resettlement group interviews with affected persons were also conducted, In addition, stakeholder meetings have been organized at all admisnitrative levels, including Bac Giang PPC, Bac Giang DARD, Lang Giang and Luc Nam District's PCs, Xuong Lam, Xuong Giang, My Thang and Huong Son Commune's People Comniittees (ii) A Socio-Eonomiic HHs surveys were conducted for the beneficiary and affected areas of the Calm Son - Cau Son Subproject. The group interview surveys were conducted in the four affected communes. The surveys have combined the different needs of different fields (agricultLrre, social, econotny, resettlement) arid provided useful socioeconomic information, Each meeting involved from 10 to 25 persons. The majority of these persons were affected households of different categories, farmers from the villages of the communes of the headworks and pilot areas. Representatives of local farmer groups and other organizations, as well as officials from district and commune's levels also attended the meetings. After common meetings, women usually asked to be gathered to discuss in separate groups. The HHs questionnaire surveys were carried out by IMC in 2002 and the group interviews were conducted by the consultants in May of 2003. (iii) Specific interviews of affected farmers of the pilot area of Canal Y2 and Canal Nui Sui were conducted in Xuong Lam, Xuong Giang communes. The group interviews have also been carried out. This surveys, conducted in May 2003, were designed to collect data on: (a) general assessment of project benefit and resettlement impacts; (b) resettlement/compensation needs, preferences and 17 priority of the severely affected families; (c) vulnerable groups which may be adversely affected by the Project, and (d) measures to reduce impacts. (iv) Stakeholder meeting witlh Bac Giang PPC was also focusecl on resettlemnent issues, on possibility anid commitments of the PPC to follow a projeci's Resettlement policy which reflecting the WB's and GOV resettlement objectives and principles. 2. Objectives of Public Information and Consultation 50 Informiation dissemination to, in consultation witli and with the participation of, affected persons and involved agencies will reduce the potential for conflicts arid nminimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of investments. The objectives of the public information campaign and PAP consultation program are as follows: (i) To ensure that local authorities as well as representatives of PAP will be included in the planning and decision-making processes. The PMO and PPMU Camii Son - Cau Son will continue a dialogue Witlh the Provincial People's Committee and the District People's Committee dLuring Project iniplementation. PAP involvement in implementation will be continued thereafter by requesting each district to invite PAP representatives to take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP, as well as information about their reactions to proposed policies and activities. (iv) To ensure that PAP are able to make fully informed decisions that will directly affect their incomes and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them. (v) To obtain the cooperation and participation of the PAP and communities in activities necessary for resettlement planning and implementation. (vi) To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. R Consultations Proposed During Implementation 1. Informatiun Dissemination and Consultation 51. During project im-plenientation, the implenienting agency responisible for resettlement assisted by the project consultants, will undertake the following: (i) Provide information to resettlement committees at all levels through training workshops. De'ailed information on project policies and implementation procedures will be provided. (ii) Conduct information dissemination and consultation for all PAP throughout the life of the Project. (iii) Update or establish provincial unit prices, and confirm land acquisition and impact on proper'ies through the Detailed Measurement Survey (DMS) in consultation with PAP. (iv) The PRCIDRC will then apply prices, calculate compensation entitlements, and complete the Assets Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to PAP in the DMS follow-up visit to each household. 18 (v) The Asset Compensation Form, showing the household's affected assets and compensation entitlemlient will then need to be signecl by the PAP to indicate their agreement with the assessment. Any complaints the PAP have about the contents of the form will be recorded at this time. (vi) A letter/questionnaire about resettlement options will be given to all PAP entitled to relocation (a) to inforim- thiemil about resettlemnent options (a clear explanation of the consequences of choosing each option will be given), (b) to request that PAP confirm their choice of resettlement option and their preliminary confirmation of resettlement site location, and (c) to request that PAP indicate services suchi as education/ health/markets that they are currently using and their current distance from such services. 2. Public Meetings 52. Prior to the beginning of the detailed design a public meeting will be held in each commune to provide PAP with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected commune. A letter of invitation will be sent to all PAP after the DMS has been completed at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAP with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the PAP, other means wiil be used to inform PAP and the general public such as posters in prominent locations in the communes and districts where PAP currently reside: radio, newspaper and public poster announcements. The letter and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected hou.'seholds will be encouraged to attend, as well as Gther interested community members. The meeting will explain the Project, and households' rights and entitlements, and there will be opportunities to ask questions. Such meetings will be conducted periouically during the life of the Project. 53. Relevant information will be given to the PAP at the meetings (verbally, graphically, and on printed information sheets). Extra copies of the printed information sheets will be available at township and district offices throughout the project area. The meetings is proposed to have the following format: (i) Explanations given verbally and in visual format, including written information and drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will be provided for PAP to respond with questions ancl comments. PAP will be encouraged to contribute their ideas for PAP rehabilitation optiolls. (iii) The DRC will establish a complete list of all PAP present at the ineetings. (iv) The DRC will make a complete record of all questions, comiments, opinions and decisions that arise during the information/consultation meetinigs, and present a report of all the meetings to the relevant PPMU and/or S10. 54. Information about the following will be given to the PAP: (i) Project components. This includes the places where they can obtain rnore detailed information about the Project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project including explanations about the need for land acquisition for the reservoir, the canal network, and other project components. (iii) PAP rights and entitlements. These will be defined for PAP (with the cut-off date). The rights and entitlements for different impact on PAP, including the entitlements for those losing businesses, jobs and income will be explained. Options for land-for-land and cash. Options regarding reorganizing and individual resettlement, and provisions and 19 entitlements to be provided for each. Entitlement to rehabilitation assistance and opportunities for project-related employment. (iv) Grievance mechanism and the appeal process. PAP will be infornied that project policies and procedures' are designed to ensure their pre-project living standards are restcred. PAP wi!l also be informiied thaif there is any confLusion or misunderstanding aboLut any aspect Of the Project. (lie resettlement cormml,ittee can 1help resolve proilems If they have complaints about any aspect of the land acqlUisitionr compensation, resettlement. and rehabiLtation process, including the compensation rates beino offerecd for their losses, they have the right to make coniplaints and to have th eir complaints heard PAP will receive an explanation about how to access grievance redress procedures. (v) Righit to participate and be consulted. The PAPs will be informed about their right to participate in the planning and implementationi of the resettlemnent process The PAPs will be represented on commune resettlement committees, and the representative for the PAPs will be present whenever conimune/districtiprovincial comimiittees meet to ensure their participation in all aspects of the project. (vi) Resettlement activities. PAP will be given an explanation regarding compensation calculations and compensation payments; monitoring procedures which will include interviews with a sample of PAP: relocation to an individual location/self-relocation: and preliminary information about physical works procedures. (vii) Organizational responsibilities. PAP will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the government officials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. PAP will receive the proposed schedule for the main resettlement activities and inforned that physical works will start only after the completion of all resettlement activities and clearance from the project area. It will be clarified that they will be expected to move only after full payment of compensation for their lost assets. Implementation schedules and charts will be provided to resettlement committees at all levels. 3. Compensation and Rehabilitation 55. A letter of notification will be sent to each PAP with the time, location, and procedure for receiving compensation payment. Severely affected and vulnerablr PAP will be personally contacted to confirm their preferences for rehabilitation assistance. 4. Public Information Booklet (PIP) 56 To ensLure that PAP, their representatives, and local governments in the affected areas fully understanid the details of the resettlement program, and are also informed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (P)B) will be prepared by the PMO, in consultation with the VVorld Bank. This booklet will be distributed to all PAP in the project area. General contents of the PlB will include the following: Brief Description of the Project, implementation Schedule, Project Impacts. Entitlements and Rights of PAP. Resettlement and Rehabilitation Policies for All Types of Impacts, Institutions Responsible for Resettlement, Information Dissemination to and Consultatiors wii(h Project Affected People, What To Do if PAP Have a Question or a Prcblerm, Grievance Proceoure, and Independent Monilcrirno 5. Disclosure 57 In addition to disclosure to affected people and communities, this Resettlement Policy Framework and the RAPs will be available at the PMO in Hanoi, in PPMU and /or the SIO and Project districts. C. Grievance Redress Procedure 58 PAP can lodge their complaints regarding any aspect of compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs. Complaints by PAP can be lodged verbally or in written form, but in case they are lodged verbally, the committee to which it is lodged will write it down during the first meeting with the PAP. PAP will be exempted from administrative aind legal fees 59. A four-stage procedure for redressing grievances is proposed as follows: Stage 1- Complaints from PAP on any aspect of the resettlement program, or losses not previously addressed shall first be lodged verbally or in written form to the people's committee at commune level. The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the people's committee at commune level. The people's committee at commune level wilt be responsible for resolving the issue within 15 days from the day it is lodged. Stage 2 - If no understanding or amicable solution can be reached, or if no response from the people's committee at commune level is received by the PAP within 15 days of registering the complaint, he/she can appeal to the District Resettlement Committee. The complaint must be settled within two months of registering the original complaint. The DRC will provide a decision within 1 month of the registering of the appeal. Stage 3 - If the PAP is not satisfied with the decision of the DPC or its representative, or, in the absence of any response by the DPC, the PAP can appeal to the Provincial People's Committee. The Provincial People's Committee together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC. Stage 4 - If the PAP is still not satisfied with the decision of the PPC or PRC on appeal. or in absence of any response from the PPC within the stipulated time, the PAP as a last resort, may submit his/her case to the district court. VIII. BUDGET A. Financing 60 The Central Government will pay resettlement cost related to land acquisition of primary and secondary canals while compensation for the tertiary and on-farm canals will come from local budget or by contribution of the direct beneficiaries. The latter will be based on intensive discussion and consUltation with farmers to find the ways for farmers/beneficiary equitable contribution to development of the tertiary on-farm small canals and adequate options have been presented as compensation for the involved losses. B. Flow of Funds 61. The PMO will be responsible for channeling funds for land acquisition and resettlement to the PRC which will be responsible for the payment of compensation directly to affected persons tor land, crops, trees, houses, other structures, and for the various allowances. The 21 PMO will also be responsible for contracting an external organization or other institution that will be engaged for independent monitoring. C. Adjustments for Infiatidn 62 The cost estimates in this RAP are based on 1999 prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually. based on the actual annual inflation rate. The PMO, together with the provinces, will deternine the annual inflation rate and ensure the necessary annual adjustimienits are made to compensation rates and to all cash entitlements. D. Compenisationi Prices 63 The prices used for cost estimates of land acquisition and resettlement are based on fist of all the prices issued by Bac Giang PPC in decisions reguilating compensation prices for land and different affected assets/properties. The compensation cost in Table 7 includes a 10% contingency. (i) The current compensation and resettlement costs are based on: (a) land acquisition and census surveys conducted in May-June, 2003; (b) identification of different categories of impacts, resettlement policies, and entitlements described in Section 5; (c) provision of Decree 22/1998 on compensation and resettlement: (d) compensation prices issued by Bac Giang provinces for similar relevant projects; and, (e) assessment of replacement cost made by consultants, based on available information gathered in May 2003. (ii) According to Decree 22 (Article 8), the prices for compensation shall be decided by the Provincial People's Committee for each specific project. For present purposes, the price lists issued by Bac Giang province in the Decision 200/2001/QD-UB, issued on 17 April, 2001, concerning unit prices for land applied as base for calculation of fees of land transaction, land use conversion, land use allocation, evaluation of land and for evaluation of compensation in case of land acquisition for public, national security, safety, national and public interests in the province; the Decisions 1249/1999/QD-UB of Bac Giang PPC. concerning Unit compensation prices for crops and trees and the PPC's Decision 552/2001/QD-UB, dated on 14th August 2001, amendment to the Decision No1249, applied for compensation of crops and trees in case of land acquisition for public, national security, safety, national and public interests in the province and validated and/or adjusted by the consultants during preparation of the pre- feasibility study, have been applied for preparation of this RAP. (iii) In order to avoid complaints and to ensure fair compensation prices for affected persons, compensation prices used for cost estimates in the RAP have been based not only on prices issued by the provinces, but also on the result of a rapid assessment of market price conducted by the consultant in the affected areas. However, to comply with the unit prices issued by the province, for cost estimates the consultant has take those provided as a base and used the higher unit prices for land and other categories of losses. (iv) During the detailed design of the Project, the subproject will revise compensation unit prices for all categories of loss (land, crops, and trees) to ensure PAP receive actual replacement cost at current market value at the time of compensation. PAP and local authorities will be consulted on the proposed rates before they are finalized. 22 E. Implementation Costs Defined 65. Costs for land acquisition and compensation will be fully funded by the Government. Resettlement administrative cost include performing resettlement activities by PPMU/SIO and resettlement consultant, and management fees for various resettlement committees. implementing agencies. It consists of cost for the payment of salaries, per diem, logistics. management fees, etc: cost for Detailed Measurement Survey (DMS) of losses, evaluation of assets lost, pricing application; public information and dissemination, preparation Project Information Booklet, posters, materials and dissemination of information; cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 66. A budget will be provided for training of full time and/or part time staff involved in the project resettlement activities. Contents of the training will cover such topics as resettlement policy of the project, of WB and the Vietnam current resettlement policy; outstanding resettlement issues, stakeholders participation; methods of public information and consultation. Specific resettlement topics and skills, for example, the DMS and compensation forms, evaluation of lost assets, identification of entitlements. Training will be provided to particular groups of resettlement officials and consultants. Training of staff and consultants for capacity building is set to VND 154,000 ($ 10,000). 67. Monitoring costs includes costs for internal and external monitoring, which is set to 3%. A contingency cost is set to 10%, as shown in table 7 below. G. Cost Estimates 68. The estimated costs of resettlement for the all land and crops/trees cost affected by project's identified components in Phase 1 is VND 6,154,292 (US$399,629), as shown in Table 7 below. Table 7: Compensation Costs Project Perm Land acqstion impactsl Unit Quantity Unit Total cost Total component Acquisition HHs entitlements of rate ('000 VND) cost req d ( ha ) saseverely losses ('000 (USS) affected VND) ____ Headwork 0.2 Land agr.(annual crops. m2 1,923 30 57,690 3,746 O permanently lost) Land agr.(annual crops. m2 9,828 4 39,312 2,553 tempor lost)IIII I crops m2 30.857 4 123.428 8,015 Lana (Aquacult., permanently m2 1,206 30 36,180 2.349 _ _ _ _ _ _ lost)__ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Shrirm/fish m2 1,206 5 6,030 392 Trees Tree 32,676 2,848,000 184,935 Main canals 3.8 Land agr-(annual crops, m2 21,742 30 652,260 42,355 (including permanently lost) Chinh,Tay, Giua and Yen Lai) 0 _ l Lana agr.(annual crops, m2 87,262 4 349,048 22,665 temporanly lost) l Lana pereniai crops land m2 3.229 20 64,580 4.194 Land (Aquacult.. permanenty m2 964 30 28.920 1,878 ______________ ~~~~~~~~lost) Land (Aquacuit., temporarily m2 9,757 5 48.785 3.168 lost)_ __ _ __ _ Lana (resio.. permanently lost) m2 5,992 38 227,696 14,785 Land (Resia.. temporanly lost) m2 13,256 6 79,536 5,165 CroDs (annual) m2 5,071 4 20,284 1,317 Shnm-fsn ms2 [ 6.114 5 30-570 1.985 23 Project Perm Land acqstion impactsl Unit Quantity Unit Total cost Total component Acquesition HHs entitlements of rate ('000 VND) cost severely losses ('000 (USS) affectea VN D) Pilot area 1 -0 Land (perenmalal crops) m2 5,277 4 21,108 1,371 Subsystem Otemoorary lcss canal Y2 0_ _ _ _ _ _ _ _ _ _ _ Land (residerital) lemPorary m2 446 5 2.2_0 145 ______________ _____________loss Lana forest :err.corarY lost rn2 234 4 936 61 Croos m2 5,143 4 20. 572 1.336 Pilot area 2 - 0 Land (annual croos) temporary m2 39.061 4 156,244 10.145 Subsystem loss canal Nuj Land acquaic tempor loss m2 1.326 5 6,630 431 Lana (residenual) temporary m2 12,301 5 61,505 3,994 _____ _____ ___ _ _____ _____ _____ ____ lo ss I__ __ _ _ _ _ _ _ _ _ _ _ _ Crops m2 39.061 4 | 156,244 10.146 4.0 0 Total base compensation cost 5.037.78 327.1298 Total base compensation cost 5,037,788 327,129 Exchange rate: 1 USD=1 5,4000VN0 Administration cost (5%) 251t889 16,356 Monitoring cost (3%) 151,134 9,814 Training cost 154.000 10,000 Contigency Cost (10%) 559.481 36.330 Grand Total Resettlement cost 6,154,292 399.629 IX. IMPLEMENTATION SCHEDULE 69. Approval of the RAP. The Government will send this RAP to the World Bank and it has to be approved as a precondition for appraisal. 70. Information Dissemination Prior to Detailed Design. Prior to the commencement of detailed design, MARD will provide information about the Project throughout the project area. Information meetings will be held in all potentially affected commune to inform the communities about (i) the project scope, (ii) impacts, (iii) entitlements for all categories of loss, (iv) schedule of activities beginning with the detailed design survey, (iv) institutional responsibilities, and (v) the grievance mechanism. The PIB will be prepared and distributed to all affected communities during the meetings. 71. Establishment of Resettlement Committees. All provinces will establish their resettlement committees at provincial and district level as soon as the Project has been approved. 72. Training for Resettlement Staff. Within 2 months of mobilization of the resettlement consultants for the PMO, all iocal resettlement staff at PPMU/ SIO, PRC, DRC, and commune levels will be trained by the PMO assisted by the consultants. Training subjects will include (i) procedures for preparing the RAPs; (ii) consultation and information dissemination methods; (iii) principles, policies, and entitlements of the RAPs; (iv) implementation steps, procedures, and schedule; 24 (v) grievance redress mechanism; and (vi) powers and obligations of individuals/agencies involved in the process of resettlement programs. 73. Updating Compensation Rates. During the detailed design process, the PPCs will update unit rates at replacement cost for all categories of loss and adjust allowances to account for inflation. This will be done in consultation with PAP and local government agencies. 74. Detailed Measurement and Census Survey. Before each new phases of the V\RAP new DMS will be conducted in each subproject area after completion of the detailed design. These surveys will serve as a basis for compensation and new RAPs. Data will be computerized by PMO. 75. Pricing Application arid Compensation to PAP. Resettlement committees at all levels will be responsible for pricing application and preparing compensation charts for each affected commLItune/distr-ict. These will be subject to verification by PPMU/SIO, PPCs, and PMO of Linit prices, qualntity of affected assets, PAP entitlements, etc. before posting them at each commune for the people to review and comment. All compensation forms must be checked and signed by the PAP to indicaite their agreement. 76. Compensation and allowances will be handled at commune level under the supervision of representatives of DRCs and PPMU. Guidance will be given by PPMUs to aid local resettlement committees in making payments to PAP. 77. Monitoring. Internal and external monitoring shall start as soon as the updated RAP has been approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external monitoring organization prior or during DMS to update and advice PPC on compensation rates. A post-resettlement evaluation will also be undertaken by the external monitoring organization 6 to 12 months after completion of all resettlement activities. X. MONITORING AND EVALUATION A. Monitoring 78. Monitoring is the continuous process of assessment of project implementation. in relation to agreed schedules, the use of inputs, infrastructure and services by the Project, Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problenis as early as possible to facilitate timely correction during project operation. 79. Monitoring has two purposes: (i) To verify that project activities have been effectively completed including quantity, quality, and timeliness; and (ii) To assess whether and how well these activities are achieving the stated goal and purpose of the Project. 80. Regular monitoring of the RAP implementation will be conducted by the implementing agencies (PPMU/SIO, and PMO) as well as by an independent external monitoring organization hired by the PMO. B. Internal Monitoring 25 81 Internal monitoring of the implementation of the subproject RAPs will be the responsibility of the implementing agencies, with the assistance of the project consultants. The implementing agencies will, oversee the progress in resettlement preparation and implementation through regular progress reports. 82. The main indicators that will be monitored regularly are: (i) payment of compensation to PAP in varioLus categories, according to the compensation policy described in the RAP; (ii) delivery of technical assistance, relocation, payment of sLubsistence, and moving allowances: (iii) delivery of income restoration and rehabilitation assistance entitlements: (iv) public information dissemination and consultation procedures; (v) adherence to grievance procedures and outstanding issues requiring management's attention: (vi) priority of PAP regarding the options offered: and (vii) coordination and completion of resettlement activities and award of civil works contract. 83 The implementing agencies will collect information every month from the different resettlement committees. A database of resettlement monitoring information regarding the Project will be maintained and updated every month. 84. The implementing agencies will submit to the PMO a monitoring report on the progress on implementation of the RAPs. These reports will be forwarded to the World Bank as part of their regular quarterly report to the World Bank. The internal monitoring reports shall include the following topics: (i) The number of PAP by category of impact per component, and the status of compensation payment and relocation and income restoration for each category. (ii) The amount of funds allocated for operations or for compensation and the amoLint of funds disbursed for each. (iii) The eventual outcome of complaints and grievances and any outstanding issues requiring action by management. (iv) Implementation problems. (v) Revised actual resettlement implementation schedule. C. External Monitoring 85. Objectives. The general objective of the external monitor is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the organizational effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for future policy formulation and planning. 8S. Agency Responsible. In accordance with the World Bank requirements for consultant procurement, PMO will hire an organization for the independent monitoring and evaluation of RAPs implementation. This organization, to be called the Monitoring Organization (MO) will be specialized in the Social Sciences and experienced in resettlement monitoring. The MO should start their work as soon as the Lipdated RAPs have been approved. 26 87 Monitoring and Evaliationi Indicators. The following indicators will be monitored and evaluated by the MO: (i) Payment of compensation will be as follows: (a) full payment to be made to all affected persons sufficiently before land acquisition: (b) adequacy of payment to replace affected assets. (Ii) Provision of technical assistance for house construction to PAP who are rebuilding their structures on their remaining land, or building their own structures in new places as arranged by the project, or on newly assigned plots. (iii) Provision of income restoration assistance. (iv) Public consultation and awareness of compensation policy: (a) PAP should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the monitoring team should attend at least one public consultation meeting to monitor public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed; (c) public awareness of the compensation rpolicy and entitlements will be assessed among the PAP; and (d) assessment of awareness of various options available to PAP as provided for in the RAPs. (v) Affected persons should be monitored regarding restoration of productive activities. (vi) The level of satisfaction of PAP with various aspects of the RAP will be monitored and recorded. The operation of the mechanism-ns for grievance redress, and the speed of grievance redress will be monitored. (vii) Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported. D. Monitoring Methodology Sample Stirvey 88. A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. Monitoring will be on a sample basis. The sample size should be 100% of relocating households and severely affected farmers, and at least 10% of all other households. The sample survey should be conducted twice a year. 89. The survey should include women, elderly persons, and other vulnerable target groups. It shoLlld have equal representation of male and femnale respondents. 90. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of all resettlement activities. Database Storage 91. The MO will maintain a database of resettlement monitoring information. It will contain files on each affected household and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by mplementing agencies and the PMO. Reporting 92. The MO will be reqLlired to submit the findings of the periodical monitoring every 6 months. These monitoring reports shall be submitted to the PMO, which in turn will submit the reports to the World Bank as an annex of its progress report. 27 93 The report should contain (i) a report on the progress of RAP implementation, (ii) deviations, if any, from the provis.ins and principles of the RAP: (ii) identification of probletmn Issues and recommended solutions so that implernenting agencies are informedi about the ongoing situation and can resolve problems in a timely manner: and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. Monitoring Report Follow-Up 94. The monitoring reports will be discussed in a meeting between the MO, PMO and implementing agencies held immediately after submission of the report, Necessary follow-up action will be taken based on the problems and issues identified in the reports and follow-up discussions. F. Evaluation 95. Evaluation is an assessment at a given point of time of the impact of resettlement and whether stated objectives have been achieved. The external monitor will conduct an evaluation of the resettlement process and impact 6 to 12 months after completion of all resettlement activities USillg the same survey questionnaire and sample as used during the monitoring activitie 28 ENTITLEMENT MATRIX for Cam Son - Cau Son subproject TYPE OF DEFINITION OF COMPENSATION ITEM J LOSS APPLICATION ENTITLED PERSON POLICYI IMPLEMENTATION ISSUES 1 2 { 3 4 5 6 Permanent Less than 20% of total Legal user with PAP will be entitled to: HH without LURC but their name listed in loss of arable affected assets lost due permanent rights to use (i) Cash compensation for acquired land at 100% of the land book of the commune and still land to acquisition of arable the affected land, and replacement cost, and now using that land are considered as land. temporary user who will (ii) Cash compensation for crops and trees at market fully legal users. be legalized before price. Marginal impact on compensation as a If the viability of the remaining land is less household income and permanent user. than the minimum viable economic unit, living standards. then the entire piece of land would be acquired and the AP would fall under the i_ ____________________ next category. Land Users With (i) Cash compensation for acquired land equivalent to I Temporary or Leased 30% of land replacement cost; AND Rights to Use Land that (ii) Cash compensation for loss of crops and trees at full can not be legalized as market prices; !______ ________________ j long term land user I (i) In lieu of compensation for land, an assistance ! illegal land users equal remaining investment put on the land (ii) Compensation for crops and trees at 100% of market prces. ; I 34 i TYPE OF i DEFINITION OF COMPENSATION I ITEM LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 1 j 2 F 3 0. 4 5 i 6 l 2 Permanent Loss of residential land Legal user with (i) PAP will be entitled to cash compensation for land In case a multi-generation HHs need to loss of without structures built permanent rights or at 100% replacement cost of the land; I subdivided to net family. the remaining residential thereon leagelizable rights to land is not enough for building house, the land use the affected land. ~~~~~~(ii) Compensation for trees /crops if yes at full market PAP will be entitled to optioni Marginal impact on prices I compensating land for land as priority, household income and land living standards Cash in lieu of land wjill be offered only as l a last resort or at the informed request of i __________________ I the AP. Household who PAP are entitled to compensation in cash at market PAP will be given notice several months 3 Loss of Crops located within APcultivates the land. value. ntn advance regardi evacuation Crops standing crops the ROW of the canal t l value ad eregangevautio Crops network or affected by ~~~~~~~~~~~~~~~~~~~grown after issuance of the deadlirie will network or affected by :Inobecm nstr not be compensated , ~~~~other projectll component. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 35 r | TYPE OF ' DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON POLICY j IMPLEMENTATION ISSUES 1 L 2 3 4 5 6 4 | Loss of trees Trees located within Household who PAP are entitled to compensation in cash at market I an rdcie Particular crops that have special high the ROW of the canal I occupies the land value on the basis of type, age, and productive value will be considered to be assess for network or affected by where trees are located value. other project i irrespective of land . compensation rate case by case. component. tenure status. PAP who have been noticed by | competent authority not to use the land i within the ROW of the canal network will not be compensated for violation and ______ i______________ ______________________________________ ________________________damage on irrigation network Temporary Temporary loss of Land users with (i) Compensation for one harvest of crops/trees at full If the quality of land will be radically impacts arable- land legal/legalizable rights j market prices I changed when return to PAP, requiring or temporary land use (ii) Compensation for loss of net income from PAP to change in the types of land use, right | subsequent crops that cannot be planted for then PAP should be compensated for all I the duration of project temporary use, AND envisaged cost of losses (iii) Restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified. AND (iv) If the duration of project's use the land exceed more than one year. then the PAP have option to: 1) Continue use of the remaining land, keeping with the legal user's agreement, OR, 2) 'Sell" it to the Project at 30% of replacement costs('), Temporary loss of Land users with (i) Compensation for movable assets and standing residential land (without legal/legalizable rights crops/trees at full market prices structures built thereon) or temporary land use | (ii) Restoration of land to its previous or better I right t quality by providing measures to improve land quality () This remaining land then will be transferred by the project to local land use/management organizations 36 Socialist Republic of Vietnam Ministry of Agriculture and Rural Development (Draft) Vietnam Water Resource Assistance Project (VWRAP) RESETTLEMENT ACTION PLAN For YEN LAP SUBPROJECT August 2003 0 Table of Contents I. INTRO DUCTION .. ....... .........3-....... 3 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .4 III. SOCIOECONOMIC INFORMATION .6 A. Source of Data. 6 B. Impacts on Land and Strtu rctures 6 C. Population: 6 D. Occupation and Income 9 E. Land Holding 10 F. Living Conditions 11 G. Gender and Poverty Conditions 11 IV LEG A L FRA M EW O R K ......... ..... ... ...... ................ . .... ....... . .............. 11 A. World Bank's resettlement Policy 11 B. Viet Nam Laws 12 1. Relevant Vietnamese Acts and Bylaws ............... ............... ................................ 12 2. Decree 22/CP ....12 V. COMPENSATION POLICY 13 A Objectives for ResettCement 13 1 . Minimize the Adverse Impacts from the Project ..... 13 2. CmestoanAsitne.......................... Compensation and A ssistance. ................ 14 3. Compensation at Replacement Cost . . . . . 14 4. Community Participation and Consultation . . . . .14 B. Principles of Resettlement .......... ........................................................... 14 C. Compensation Policy for Loss of Land .. . ,.......... 15 1. Land Users with Permanent or Legalizable Use Rights .....15 2. Land Users with Temporary or Leased Rights to Use Land ..... 16 3. Land Users without Permanent or Legalizable Rights to Use Land .....16 4. Loss of Standing Crops and Trees. . . . . 1 6 5. Loss of Residential Land .....1 7 6. Secondary PAPs . ............ , ................... ,....... . 17 D. Compensation Policy for Structures ..17 1. Loss of Structures ............... ................................ 17. ............ .... 17 2. Loss of Graves ............ ..............1..... 7.. 17 E. Temporary Impact during Construction ., , , 17 F. Allowances during the Transition Period .. 17 VI. INSTITUTIONS INVOLVED IN RESETTLEMENT . . . 18 A. General Organization ........................ 18 B. Ministry of Agriculture and Rural Development . .18 C. Provincial People's Committee ............. ............ 19 D. District People's Committee ........................ 19 E. Implementing Agency ......................... ,, , ,19 1. Yen Lap Subproject Implementation Unit (PPMU) ..... 19 2. Provincial Resettlement Committee ....................................... . 20 3. District Resettlement Committees (DRCs) ..... . .......................................... 20 F. Agency Responsible for External Monitoring .. .. . 21 G . S taff an d T rain in g ................. ............... ......... ........... ............. 2 1 VII. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS .. 21 A. Consultations during Preparation of Resettlement Plan 21 1. Public Information during RP Preparation 21 2. Objectives of Public Information and Consultation ....... .............. ................... 22 B. Consultations Proposed Dtiring Implementation., ...... 23 1. Inform ation Dissem ination and Rehabilitation ....... ... ................................... 23 2 . P u b lic M e e tin g s .... ... ..................................................................P............ . ..... .... Mg 2 3 0 3. Compensation and Rehabilitation ............................ 25 4. Public Information Booklet (PIB) 25 5 Disclosure 25 C. Grievance Redress Procedure 25 1. Contents of Grievances ............. 25 2. Grievance Procedures.... ... ...... 26 V ill. B U D G E T ...... .. ........................ ... .......... 26 A. Financing 26 B. Flow of Funds . . .26 C. Adjtistment for Inflation . . .26 D. Compensation Prices ..................,.,,., . 27 E. Income Restoration and Rehabilitation Assistance . . . 28 F. Implementation Costs . . . 28 G. Costs Estimates . . .28 IX IMPLEMENTATION SCHEDULE ...... ..... . ............... ............................. 31 X MONITORING .... 32 A. Internal Monitoring . . . 32 B. External Monitoring ....... ................................. .33 C . E valuation ...... ......... .... , , . , . ....... .35 I. INTRODUCTION 1. Yen Lap Irrigation System is among the largest irrigation schemes in Vietnam and plays an important role in development of agriculture in the country. The system was constructed in the late of the 70s dutring which there was investment shortages and inadequate technical capacity. After three decades of existence, the system's capacity has been considerably reduced. The system has been seriously damaged and it is poorly maintained due to the lack of financial resources and poor management. The water service has been worsened both in quantity and quality. The headwork has been seriously damaged; dam safety reduced and mitigation actions have been taken at the expense of reduced irrigation water supplied for downstream agriculture and aquaculture as well as for domestic use. 2. Presently, the Yen Lap system can only provide irrigation water for 4,023 ha and 2.4x103 m3/s of water. The water provision is only 40% of the designed irrigation capacity of the system, and it satisfies just one fourth of the designed target set for domestic and industrial water uses. 3. The Yen Lap Irrigation System Modernization Subproject aims to improve the water service provided by Yen Lap IMC to local users in both quality and quantity through investment for rehabilitation and upgrading the irrigation infrastructure wherever needed and introduction of modern irrigation management technologies. The SLubproject will contribute to increased water provision for irrigation, domestic and other uses, and improved efficiency of water use and use of land and human resources, while reduce flood and disaster risk of the system. Improved operation and financial sustainability of the scheme would increase agricultural productivity and invigorate the local economy. 4. The Subproject will include two components: (i) rehabilitation and upgrading of physical infrastructure of the irrigation system, starting with headwork and finishing by irrigated fields. The Project will rehabilitate and upgrade existing and construct new, so far missing canals and works, combined with access nmanagement roads, and mariagement stations; (ii) modernization of management system. Development of the first component will cause resettlement impacts due to permanent or temporarily acquisition of land for infrastructure construction or for civil works. 5. Investment and modernization of Yen Lap Irrigation system aimed to: * Ensure safety, reliability and efficiency of the system's operation and service, Make cost of operational management to be low, the system to be easy to operate, and easy and flexible to maintain, * Satisfy all reasonable water requiremiients of agriculture, domestic, industry and improve the natural environment for development of ecological tourism. * Create favorable conditions for utilization of labor resources, poverty alleviation, and economic development in subproject's areas. 6. At completion the Yen Lap Irrigation System will provide irrigation water for 6,320 ha of land for cultivation, including 7,070 ha of rice and 1,250 ha of upland crops, supply domestic water for 30,000 rural people, serve water for 1,500 ha of aquaculture, and supply water for domestic and industrial uses for three districts Yen Hung, Uong Bi town, and Ha Long city all in Quang Ninh province. I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 7. The Project will affect 15 commiinp.s This resettlement action plan (RAP) applies to the components for which there is sufficient level of design at the time of project appraisal to be able to prepare a RAP. So far the feasibility technical design is only available for headworks, main canals and canals and the pilot area all to be part of Phase 1 in the Subproject. This RAP is prepared to deal with compensation and rehabilitation of affected people for loss of land and other assets due to Project activities. At project's implementation stage a detailed measurement survey (DMS) wili be able to precisely record all details of losses of the affected people. Such DMS data will serve as finai legal basis for implementation of the subproject compensation, rehabilitation and resettlement activities. 8. The main components are as foilows: Headworks. Rehabilitation of headwork structures of Yen Lap subprojec! involves permanent acquisition of 2.12 ha and temporary acquisition of 5.6 ha of residential and garden land for construction of one additional flood spillway in addition to temporary civil work spaces. Canal system. The identified canals for investment of Yen Lap Irrigation Scheme includes the joint section main canal, Ha Bac and Ha Nam main canals, primary canals and the canal subsystems of two pilot areas. Main canals of Yen Lap scheme includes the joint main canal of 4._ km length and two separate main canals Ha Bac and Ha Nam at the length of 14.3 km and 25.8 km respectively. Recent rehabilitation works has involved about 2 km of Ha Bac canal and 12 km of Ha Nam canals. The canals have been investigated by Yen Lap IMC. Primary canals: Primary canals have a total length 95 km, of which 42.9 km have been recently rehabilitated. They all have been included in the Inventory of Losses survey by the local IMC. Pilot area: 2 selected pilot areas include subsystems of Song Khoai and Lien Hoa I and 2 with command areas of 800 m each. These irrigation subsystems belong to the command area of the Main canals at Ha Bac and Ha Nam. 9. Generally, the canals are in poor conditions. Many sections have the width (cross sections) narrower than the designed width, while its bed has been filled up with silts, All primary _anals have been included in the inventory of Losses conducted by the Yen Lap i1MC in May - June 2003 10. Phase 1 involves: (a) rehabilitation of the existing, damaged irrigation canals, widening the narrowed sections, construct new. additional canals wherever they are lacking, and rehabilitation and construction of supplementary irrigation works of the canals: (b) rehabilitation of existing and construction of additional drainage works: (c) rehabilitation and upgrade water control and delivery works: (d) rehabilitate and upgrade management access roads. Development of these subcomponents will cause both permanent and temporary acquisition of the land for lining or for building new so far missed canals at different levels of irrigation works and access roads. (iii) Water supply for Cat Hai Island: The technical option selected involves installation of a pipe conveying raw water from the Yen Lap reservoir to the Water Treatment Plant built at commune Van Phong. 11, The Inventory of Losses (IOL) for all identified canals and the pilot areas has been carried out by the Yen Lap IMC. According to results of the IOL, there are I district Yen Hung, a town Uong Bi and City Ha Long with 15 communes/wards will be affected by the identified subproject components which include headworks. main and primary canals and canal subsystems of the two pilot areas. 12. The Project will cause permanent loss of agricultural and aquaculture land with 146,591 m2 of 1768 HHs, and temporary loss with 7610 m2 of 77 HHs for canal system, and 7.8 ha of permanent loss and 5.57 ha of temporary loss, with 10 HHs to be relocated for Headworks, and 1.5 ha of permanent loss for Cat Hai water supply component. There are 141 HHs losing 11.858 mn2 permanently (of which 10 HHs relocating per 400m2/HH), and 51 HHs losing 3,068 ha temporarily No HHs loses more than 20% of their agricultural land holding. Most of the PAP have legal status to their affected land Tablel presents a summary of the impacts on land and strLictures for all subproject components Table 1: Summary of Impacts on Land and Strtictures For Yen Lap Irrigation System Modernization Subproject Severe Impact Marginal Impact Total impact Name of works __ Shop/ Agric Resid. HH Resid. HH" Houses (>20%). HH Agric HH Persons _________ ___| HH _ ____H_ 1<20%) Head woris 10 0 0 0 0 10 45 access roads0. Main canal 0 0 0 125 1097 1322 5776 Primary & I Second. Canals 0 0 0 57 25 4 _949 Total 10 0 6 182494 1351476 1778926 77704908 Total Loss of Land (ha) N2T Residential Agric. Forest Unused Other Total Hlead works 0.4 7 4 5.6 0 0 13.4 Ma icanas _ 12.1 0 0 0 13.0 Second. Canals01 3.0 0 0 0 3.1 S ec o n d C a a_ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ Total 1.4 22.5 5.6 0 0 29.5 Source: Yell Lap IMC IGL of May. 2003 13. The purpose of this RAP is to prepare a plan of actions and measures dealing with compensation and rehabilitation of project affected people, ensuring that all project affected people (PAP) will be at least as well off after the project as they would have been in the absence of the Project. This RAP is based on (i) a census and Inventory of Losses (IOL) of 100% of PAP in the headworks, main/primary canals and ail canals and access management roads identified in the pilot area: (ii) on a sample HHs socio-econornic surveys in the project's affected communes, conducted by Yen Lap 'MC in 2002 and the consultants in 2003: (iii) on grouip interviews and discussions in project affected communes, conducted by the consLiltants during the study, May 2003. Policies for comnpensation, relocation, and rehabilitation have been established based on these surveys, applying Vietnam's existing laws and sub-laws regulations and the World Bank Operative Directives OD 4.30 on Involuntary Resettlement, OD 4.20 on Indigenous People and OPN 11.03 on Cultural Property. Following detailed design of these main components, this RAP will be updated by Yen Lap Provincial Project Management Unit (PPMU) to include final numbers of PAP and updated compenisation unit rates for all categories of lost assets and allowances. After approval by the Government and the World Bank the Lupdated RAP will be implemented by the resettlement committees (RCs) under the guidance of the people's committees of each district and MARD. Careful coordination between all the agencies and ministries will be necessary to complete the different resettlement activities successfully. The provisions and policies of this RAP will formi the legal basis for the implementation of resettlement activities for the Yen Lap Subproject in Phase 1. Ill. SOCIOECONOMIC INFORMATION A. Source of Data 14. This RAP has been based on census and land acquisition surveys for 100% of PAP due to the flood spillway, identified main and primary canals and canals of the pilot irrigation areas. The Yen Lap IMC conducted the inventory survey in April-May 2002. Land acquisition and resettlement requirements were estimated based on detailed land use data in each subproject's area, and on technical designs. The detailed measurement survey (DMS) will be necessary during the implementation phase to precisely identify households affected by the Project, following which the RAP will be updated to reflect the current information. 15. Socioeconomiiic information has come from several sources: (i) household socio- economic questionnaire survey of 77 HI-Is condiicled by the IMC in 2002 and 31 PAP in May 2003; (ii) group interview surveys conducted by the consultants in two selected communes of the two project pilot areas, including Song Khoai and Hlep Hoa Yen Hung district, in April 2003; (iii) Stakeholder consultation at all levels and review of secondary data/literature on subproject areas. 16. Specific resettlement group interviews with PAP were conducted to collect data on (i) specific resettlement needs of people to be relocated and vulnerable groups, which may be adversely affected by the Project, (ii) resettlement concerns and preferences of affected families, and (iii) measures to reduce impacts. B. Impacts on Land and Structures 17. Rehabilitation of the headworks, main, primary and secondary canals and canals of the pilot areas and other related irrigation works of Yen Lap scheme, will recover 29.5 ha of land amnong which there 25.2 ha will be acquired permanently. In total, resettlement impacts is posed on 1768 HH or 7725 persons There are 10 HHs which have to be relocated to devote the land for construction of one flood spillway in the Headworks The total residential land affected are 1.1 ha with 192 HHs affected. There are 1.2 ha residential land of 141 Hhsto be lost pernmanently and 0.3 ha of 5 1 HHs to be lost temporarily. There is no HH which will experience loss of more than 20% of their total land holding. C. Land holding 18. It is common among farmers to have several plots of land. The average agricultural land holding equals to 5112 m2 for Uong Bi and 5076 m2 for Yen Hung district. The average HH's land holding in the affected comrnmunes surveyed is lower than their district's average (see Table 2). Table 2: Average land holding farable land) (m2) FK Total (in') Average land Per capila arable L_________________ fioldino (rn2/HH) land (m2ipers) H 5on_Khoai conmmune 04.82t) 4I123 X4g I.lerl Hoa m COilric S 2 5 l 3.5o, r Utl Total I P.O vx XI Soirce Resulis of Socro-ecoonmir survey of PAPs 2003 D. Population 19. All PAPs are of the majority Kinh ethnic group. The survey results of PAP again confirmed that there are no ethnic minority people in the Project area The average size of the surveyed PAPs is 4.7 people/HH Males are 50 3% of the total surveyed HH. and they make up the main part of their HH's heads Only 8 of 31 HH (25.8 %) are headed by women The average age of the HH's Heads (HHHs) are 53.1 and their average education is 6.0 (see table 3 and 4). Table 3: Population characteristics of PAPs surveyed Sample T H size Ethnic 1%) Sex ratio Active -- - (HHs) rolal I Size ____ labors __________ _________ (pets) (pers/HH) Kinh Other Male Female lpers!HH) Song Klhoai 23 48 43 100 0 50.3 49 7 26 Hjip Hoa 8 46 5 8 100 0 50 3 497 21 Total [_ 3 1 94 _ 4.7 100 . 50 3 49 7 2.5 Source: HHs socio-economic survey. 2003 Table 4: Characteristics of HH Heads surveyed Sample HHill sex Average EdLIc _ _._ (HIHs) . - - age iGrade) Male (/o Song Khoai 23 87.0 50 7.0 Hiep Hoa 8 37.5 62.6 3.9 _Toltal _ 31 74.2 53.1 6.0 Source: HHs soclo-econiomic suirvey, 2003 E. Income 20 Agriculture is the most important source of HHs income of the PAPs surveyed. The table 5 below shows the dominant role of agricuttural activities in HHs inicome. The aquaculture contributes up to 10.5% of HH's average income, while non-farm activities (including salary works and hired works) count up for 15% of the HH's income Table 5: Average Household monthly income and its composition (%) Average per captta Farmiwn Liversto Aquacullu eI Trade, hired Oth Total |monihly 9 ck re aary works Oers average income _Song Kloai (VND) __ 394 88 E 209 117 1 __7 0 856 222 (% to Ioil HHurcoine,_ 4(3 __24.4 11.4 _ 13 7 6 0 100 | HiepHoa 407 135 75 31 13 ___ 696 121 (% lootal HH income) 58 20 11 5 2 8L 100 _ Total 396 223 85 95 38 10 815 196 ._ _ _ _ _ ___ 49... 23 . 1 12 _ _i . .._ (% to totalHHirncome) 49 23 _ 11_ 1 _2 51 1001 l a Source: Socioeconomic surveys 2003. 21. Based on the Ministry of Labor Invalids and Social Affairs classification. four income- level categories have been identified: (i) Category i The poor-income per capita is < D100,000/month (ii) Category II- The low-incomne per capita is from D100,000-D199,000/month (iii) Category IlIl: The well-off-income per capita is from D200.000- 0399 .000/month (iv) Category IV: The wealthy-income per capita is > D400,000/month 22 Results indicate that less than a fifth of PAPs surveyed blelong to the poor income group with per capita monthly income helow 100.000 VND The well off qroup is 26% of the total populationi suiveyed. I lie wealthiy groups count for 9'S of the HHs of Song Khoai commune, but are not observed in Hiep Hoa commune. Table 6: Levels of Monthly Income (%) Sample T 1o0 100-199 200-400 >400 Sonq Khoai 23 13 43 35 9 Hiep Hoa 8 25 __ 75 Total __ 31 16 52 26 6 Source Socoeconomic survey 2003. F. Living Conditions 23. All the surveyed communtines have access roacd with asphalt surface to the comrnune atid electricity. The rural road network is well developed and concreted The social infrastructure is availanble in all commiunes: the surveyed communes have primary schools, health care center, and connection to telecommunication. HHs' facilities are showni in the Table 7 followed Table 7: Households facilities Lighting Source of domestic water Toilet at home other Rainy Other No El.ectricity energy Well water source Flushing Latrine toilet Song Khoai 100 0 _22 43 35 17.4 82.6 0 Hiep Hoa 87 13 5__ 25 _ 75 25 75 0 Total 97 3 52 28 19.3 80.7 0 Source: Socioeconoimic su('vey 2003 24. The ownership of assets by the PAPs surveyed shows an average living standards of living where mor-e than a half of the HIFIs sUrveyed (62%) possess TV, mostly color TV 6.4%M, have telephone, refrigerator: 20% have motorbike, 13% have pumping machine: 10% have sewing machine. The most of them have wooden furniture, 13% have radio cassettes and 3% have milling machine. G. Gender and Poverty 25. The poor count up for 16% of the affected HHs surveyed. This figure is higher than the communes average (3-5%) The main problems of the poor are perceived as the lack of capita for investment in production and shortage of labors. Thus. their concerns regarding the project is fairness of compensation at replacement cost so that they could restore their income generation capacity. 26. Generally there is no discrimination against women. However, to ensure gender equality in Project participation special attention should be paid to training and capacity building of women. IV. LEGAL FRAMEWORK A. VVorld Bank's resettlement Policy 27. The main objective of WB's Policy on Involuntary Resettlement is to ensure that PAPs should be assisted to improve their living standards, incomne level and income generating capacity, or at least would be as well off as without the project. This policy aims to avoid involuntary resettlement whenever feasible, to minimize resettlement where population displacement is unavoidable The policy stipulates that lack of legal certificate on land will not be an obstacle for a part of affected people to be entitled to compensation and rehabilitation. The policy requires that compensation for all losses should be made at replacement cost, without depreciation and deduction of savage materials. B. Vie' Nam Laws 1. Relevant Vietnamese Acts and Bylaws 28. In recent years, the Government has formulated several rules and regulations to protect the interests of displaced persons. Relevant acts and bylaws that govern various aspects of land acquisition and resettlement include: (i) The Constitutioni of the Socialist Republic of Vietnam, dated 15 Apr 1992. (ii) The Land Law, dated 14 July 1993, amended on 2 December 1998 (iii) Decree 87/CP, dated 17 August 1993, on the stipulation of the frame for the price of various categories of land. (iv) Decree 64/CP, dated 27 September 1993, on the distribution of agricultural land to households for long-term use. (v) Circular No.05-BXD/DT, dated 9 February 1993, on the classification of house types. (vi) Decree 22/CP, dated 24 April 1998, on compensation levels and other allowances for land and structures recovered for the national and public interest. (vii) Decree 17/CP, 4 May 2001, on Management and Utilization of ODA. 2. Decree 22/CP 29. In April 1998, the Government issued a major decree regarding compensation for land acquisition, Decree 22/CP on Compensation for Damage when the State Recovers Land for Use in National Defense, Security, and National and Public Interests. The Government has also issued guidelines for the implementation of this Decree (145/1998/TT- BTC). By issuing Decree 22/CP the Government: (i) added new stipulations to accommodate with the major changes in compensation unit prices, oblects to be affected. assistance levels. etc. in Viet Nani since 1993. Many of these stipulations have proven themselves appropriate with ongoing WB, ADB and other donor-funded projects in Vietnam: (ii) provided general provisions for compensation processes and procedures to all organizations and individuals who need to acquire land: and (') This remaining land then will be transferred by the protect to local land use/management organizations 9 (iii) assigned, in detail, the responsibilities of the government agencies concerned in implementing the Decree. 30. Generally. Decree CP/22 meets the objectives of WB's policy on involuntary resettlement, however, some discrepancies can be found regarding the compensation of PAPs without legal rights. Table 8 presents the main areas of discrepancy. Table 8: Discrepancies between Decree 22/CP and WB Policy Decree 22/CP World Bank Policy Project Policy land is recovered and whio has to land by some affected people Irrespective of tenure status, not met one of the conditions of should not prevent compensation social or economic standing, Article 6, or who hqs violqtedf will be entitled to be the plan, or who violates the compensated or assisted for protecting corridor work, or who their lost assets, incomes. and illegally occupies land shall not businesses at full replacement receive compensation when the cost and provided with state recovers the land. In case rehabilitation measures of necessity, the Provincial sufficient to assist them to People's Committee shall improve or at least restore their consider and decide on a case- pre-project living standards, by-case basis. income levels and productive capacity. Article 8: The compensation Compensate or assist all affected Replacement cost surveys rates shall be determined on people, including those without have to be carried out by the the basis of local prices for land title to land, for alt their losses at project to ensure that project issued according to the repincemient rates rales for all categories of loss provisions of the Government, will be equivalent to and then multiplied by a replacement cost at current coefficient to ensure the market value, to be updated at compatibility of the the time of compensation compensation with the profitability and the price of the assignment of the land use right in the community Article 17: The total maximum Compensate all affected people. Full compensation at level of compensation shall not including those without title to replacement cost will be paid exceed 100% and the minimum land, for all their losses at for all affected structures level shall not be lower than replacement rates. without any deductions for 60% of the value of the house salvageable materials or or construction, priced depreciation according to the construction price for new buildings with technical standards equivalent to the affected 10 Decree 22/CP World Bank Policy TProc iTcy __ _ _ . _ _ ___ __ __ __ I~.___________- Article 18: People without legal All Project affected people will be Full compensation at permit of construction shall only entitled to compensation replacement cost fur all Project receive 80% in compensation in irrespective of the legal status in affected structures irrespective rural areas and 70% in urban both ruiral and Lirban areas. of legal entitlement area. People who violate zoning area will receive no compensation and illegal construction shall be dismantled V. COMPENSATION POLICY A. Objectives for Resettlement 31 The objectives of the Vietnamese legislation governing the resettlement and rehabilitation of displaced persons and of WB's policy concerning involuntary resettlement have been adapted for the preparation of this RAP for the Yen Lap Irriaation System Modernization Subproject. They are set out below. An entitlement matrix is shown in Appendix 1. The policies and principles adopted for the Project supersede the provisions of relevant Government decrees currently in force in Vetnam wherever a gap exists between WB's Policy on Involuntary Resettlement and Vietnamese law. 32. The main objective of the Resettlement Plan is to ensure that populations affected by the Project should be at least as well-off, if not better-off, than they would have been without the Project. Affected populations should be able to maintain and preferably improve their standard of living and quality of life. 1. Minimize the Adverse Impacts from the Project 33. Considerable attention has been diiected, during the Project's technical design stage and through modifications to various design parameters, to minimizing adverse impacts as well as the number of households that would be severely affected due to the loss of agricultural land. Related actions are the following: (i) Alternative options with modification of technical design have been taken into consideration to avoid or reduce permanent land acquisition wherever possible. (ii) All the canals will be lined on that side of canals where the less of land currently in use would be affected. (iii) The time of closing water for civil works will be based on PAPs' recommendation, which correspond to their needs and cultivation calendar. 2. Compensation and Assistance 33. Compensation and assistance will be provided to ensure that the economic and social conditions of the PAP are at least as favorable as they were in absence of the Project The compensation policy, which encompasses compensation for all affected assets. along with rehabilitation measures as suggested in this RAP, will ensure that all PAP are able to. at minimum, restore their income, standard of living, and productive capacities to pre-project levels. Specific measures to ensure restoration of incomes and living standards of PAP include compensation for lost assets based on: (i) Land-for-land of equivalent productive capacity and at a location suitable and acceptable to the PAP, or (ii) at thie request of an PAP, who has been informed regarding the options, cash for land or a combination of the two. 3. Compensation at Replacement Cost 34. Compensation for all types of affected assets, including residential and commercial structures as well as standing crops and trees, will be paid at replacement cost. Compensation for affected land will be made either in the form of a trade, land-for-land of equal productive capacity at a location acceptable to the PAP, or at the specific request of the PAP, in cash at replacement cost to ensure that PAP can restore their income generating capacity and income levels. 4. Community Participation and Consultation 35. The preparation and implementation of the RAP is to be carried out with the full participationi of, and in consultation with, the affected households and their representatives. Intensive public consultations have been carried ouit in the prepiration of the RAP. Ten group interviews were conducted at commune level in the project areas to inform local populations and to identify their needs and requirements. In addition, four resettlement group interviews were conducted in the project pilot communes in order to collect data on (i) vulnerable groups which may be adversely affected by the Project, (ii) resettlement preferences of affected families, (iii) measures to reduce impacts, and (iv) adequacy of compensation prices issued by the provinces. Further public consultations will be carried out during the implementation stage with a focus on specific activities including assessment of compensation, acquisition of land, and design of rehabilitation assistance planning. The Public Information Campaign and Consultation Program is described in Chapter 7 of this RAP. The PAP will also have well defined avenues for redressing their grievances as described in Chapter 7. B. Principles of Resettlement 36. The following basic principles have been adopted for the Project: (i) The populations affected by the Project are defined as those who may stand to lose, as a consequence of the Project, all or part of physical and nonphysical assets. including homes, homesteads, productive lands, commercial properties, tenancy. income-earning opportunities, social and cultural activities and relationships, and other losses that may be identified during the process of resettlement planning. (ii) Involuntary resettlement will be minimized by identifying possible alternative project designs, and appropriate social. economic, operational and engineering solutions that have the least impact on populations in the project area. (iii) The cut-off date for compensation eligibility for physical assets affected due to rehabilitation, Llpgrading of existing and construction of new, so far missed of the system. canals/irrigation works will be the date of completion of the detailed measurement survey and census after detailed technical design will be completed for these components. (iv) A census and detailed measurement survey and baseline socioeconomic survey will be carried out for all subproject components after detailed design of each and in updating of the RAP (v) All PAP will be entitled to be compensated for their lost land and standing crops/trees at full replacement cost to assist them to improve or at least 12 restore their pre-project living standards, income levels, and productive capacity. (vi) All affected populations will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status. social or economic standing, and any such factors that may discriminate against achieving the objectives outlined above. (vii) Preparation of the RAP and its implementation is to be carried out vvith the full participation of affected people. PAP comments and suggestions will be duly taken into account during the design and implementation phases of the resettlement plans. (viii) Adequate budgetary support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period. (ix) WB shall not approve of any civil works contract for any subproject to be financed from the loan proceeds unless the Government has completed satisfactorily and in accordance with the approved RAP for that subproject compensation payment and ensured rehabilitation assistance is in place prior to obtaining possession and rights to the land. (x) The detailed RAP for implementation will be translated into the loca! language anld placed in project and commttne offices for the reference of affected people as well as any interested groups. (xi) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Evaluation of the land acquisition process and the final outcome will be conducted independent of the executing agency. C. Compensation Policy for Loss of Land 37. The Project will acquire some land acquisitions. There are two types of land use rights found in the project affected area: permanent or leagizable and temporary land use rights. Below are set out principles of compensation: 1. Land Users with Permanent or Legal Use Rights 38. For arable land that will be permanently affected, the PAPs will be entitled as follows: (i) Marginally affected PAP. PAP with losses less than or equal to 20% of their total agricultural landholdings, will be entitled to cash compensation for crops and trees at market prices, AND cash compensation for acquired land at 100% of replacement cost. (ii) Severely affected PAP. PAP with losses of more than 20% of their total agricultural landholdings, will be entitled to cash compensation for crops and trees at market prices AND first priority for land-for-land of equivalent productive capacity at a location acceptable to the PAP or, if requested. cash compensation for the lost land at 100% of replacement cost AND rehabilitation assistance (skills training for one family member in a current or new occupation and a training allowance, provision of agricultural extension services to increase the productivity of remaining land, and priority for project- related job opportunities. 2. Land Users with Temporary or Leased Rights to Use Land 39 For arable land will be permanently affected. the PAPs having Temporary or Leased Rights will be entitled as follows: (i) PAP are marginally affected: PAP with losses less than or equal to 20% of their total productive capacity will be entitled to cash compensation for acquired land equivalent to 30% of land replacement cost: AND cash compensation for loss of crops and trees at full market prices; (ii) Severely affected PAP: PAP with losses of more than 20% of their total prodiuctive capacity, will be entitled to cash compensation for crops and trees at rnarket prices, AND first priority for land-for-iand equal to 30% of affected area of equivalent productivity at a location acceptable to PAP, or. if requested, cash compensation for the lost land corresponding to 30% of replacement cost. For poor and vulnerable, including landless, PAPs, who prefer to continue farming but have land less than of a standard size provided by Decree 64/CP, the local authority to assist them to obtain land of area equal to minimal standard size. with permanent land use right, OR training rehabilitation measures, including job training and training allowance for its working member/s if no land available for provision; 3. Land Users without Permanent or Legal Rights to Use Land 40. HoLuseholds occupying and using land without permission from the commune wili be entitled to compensation for crops and trees at 100% of market prices. They will not be compensated for land but will receive assistance corresponding to the investment in the land. 41. For poor and vulnerable farmers affected who are landless and have not been allocated land before will be entitlec to: (i) assistance by local authority to obtain land of an area equal to the minimum standard size, with full legal title to the land, and/or (fi) transition assistance and rehabilitation measures, including social assistance aillowance, job Iraining and training allowance for its working member(s) if no land available for provision; 4. Loss of Standing Crops and Trees 42. For annual standing crops, compensation will be paid to households who cultivate the land according to the full market value of the affected crops, regardless of the legal statLis of the land. For perennial plants. comnpensation will be paid according to the full market value of the affected plants, regardless of the legal status of the land. If the plants are not yet ready for harvest, compensation will include the total cost of initial investment and care until the time of the land acquisition. In case perennial plants can only be harvested once. cornpens~ation will be paid for the total cost of investments and care calculated until the time of the land acquisition. Com1lpernsation will be in cash. 5. Loss of Residential Land 43. There are no structures on the affected residential land, and PAPs will be entitled to compensation in cash at 100% of the replacement cost of the affected land. 6. Secondary PAPs 44 This applies to those affected by acquired areas needed for construction or for individual resettlement or group resettlement sites. Because all secondary PAPs are likely to be affected through loss of agricultural land, they wilt be entitled to compensation and rehabilitation assistance in accordance with the same provisions for all other PAP Id D. Compensation Policy for Structures 1. Loss of Graves 45. The level of compensation for the removal of graves will be for all costs of excavation, relocation, and reburial Compensation in cash will be paid to each affected famnily. E. Temporary Impact during Construction 46. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families. groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored immediately to its former condition. 47. For arable land that will be temporary affected, all PAPs are entitled to compensation for loss of crops and trees at market prices, AND compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use; AND restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified, AND if duration of temporary land use is equal or exceeds two years, then the PAPs are compensated as for permanent loss of land. F. Allowances during the Transition Period 48. The following allowance amounts are indicative only. At the time of compensation, allowances will be adjusted to account for inflation. For severely affected farmer HHs, rehabilitation assistance of amount not least than VND 3,000,000 per HH will be given. The concrete form of assistance to the farmers will be precisel- identified in the project implementation stage through investigation and intensive consultation with the entitled PAP to ensure adequacy and effectiveness of rehabilitation assistance in meeting with actual needs of PAP. In may be in form of training plus training subsistence allowance or in cash which combined with relevant technical assistance. In addition, HHs having special social support will be provided with a special social assistance not less than VND 1,000,000 to rehabilitate their living standards. VI. INSTITUTIONS INVOILVED IN RESETTLEMENT A. General Organization 49. The implementation of resettlement activities requires the involvement of agencies at the national, provincial. district and commune level. Under the responsibility of MARD, resettlement committees shall be established at the provincial and district level according to the provision of Decree CP 22/1998. The provisions and policies of the RAP will form the legal basis for the implementation of resettlement activities for the Yen Lap subproject. Q3. Ministry of Agriculture and Rural Development 50. MARD is responsible for the realization of the VWRAP Project, on behalf of the Government. A Central Project Management Office (PMO) will be established in MARD, at MARD's Department, which is responsible for Management and Modernization of Hydraulic works The PMO has responsibilities for overall project management and implementation For each VWRAP Subproject will be established a Provincial Project Management Unit 1', (PMMU) or a Subproject Implementation Unit (SlO). The PMO with the PPMUlSIOs will, in coordination with relevant agencies. manage and supervise the overall Project including resettlement activities and land acquisition Successful updating and implementation of the RAPs will require close coordination between MARD and other ministries and agencies as well as between PMO, implementing agencies. and all local resettlement committees. Resettlement capacity will be established within the PMO to coordinate all resettlement activities with fill time rnssistancr of cotisiit;irnts ^,imilar capacity will he established within the implementing agencies to implement resettlement for each subproject. The consultants will provide technical assistance to strengthen the social capacity within the PMO and implementing agencies. The PMO. with assistance of the consultants, will take overall responsibility as follows: (i) Providing overall planning, coordination, and supervision of the resettlement program. (ii) Guiding implementing agencies in updating and/or preparing RAPs and implementing resettlement activities in accordance with the Policy Framework and the approved RAP: and if any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation. ensure that the objectives of the RAPs are being met. (iii) Finalizing RAPs and obtaining Government and WB approval before impleme[ntinig approved RAPs. (iv) Coordinating completed implementation of approved RAPs for each component with the award of civil works contracts for each component. (v) Providing resettlement training to inplementing agencies, all PPMU/SlO staff and RCs at all levels, and to the external monitoring organization. (vi) Providing the budget for resettlement activities. (vii) Establishing standard procedures for information campaigns and stakeholder consultation such as monthly newsletters to communities on project activities. (viii) Providing coordination with other components and various agencies involved in resettlement planning and implementation. (ix) Establishing liaison mechanisms to ensure proper technical arid logistical support to implementing agencies and RCs. (x) Establishing standardized PAP databases for each component, as well as for the Project as a whole. (xi) Establishing procedures for ongoing internal monitoring and review of project level progress reports and for tracking compliance to project policies. (xii) Establishing procedures for monitoring coordination between contractors and local communities and for ensuring prompt identification and compensation of impacts to public and private assets duiring construction. (xiii) Recruiting, supervising, and acting upon the recommendations of the external monitoring organization. (xiv) Establishing procedures for ihe prompt implementation of corrective actions and the resolution of grievances (xv) Reporting periodically on resettlement activities to the WB. C. Provincial People's Committee 51 The PPC is the principal authority at the provincial level. The Quang Ninh PPC is responsible for setting up and directing a council of compensation, which will be called the Provincial Resettlement Committee (PRC). The PPC is also responsible for reviewing and approving the RAP The PPC is responsible for the final decision on compensation unit costs, subsidies, allowances, and supporting policies for PAP and vulnerable affected groups. in accordance with this RAP. The PPC is responsible for the approval of project land qrquisition. Quang Ninh PPC is also responsible for organizing the coordination between the 1 r related institutions and provincial departments for the implementation of the RAP, and to execute compensation and resettlement plans effectively. D. District People's Committee 52. The District People Committees are responsible for identification of land and structure legality, a'icl appoinling meniheis of thie ORC ancd assigninilg functional tasks for the DRC. E Implementing Agency 1. Yen Lap Subproject Implementatiorn Unit (Yen Lap PPMU) 53. Yen Lap PPMU will be responsible for implementing this RAP. Responsibilities will include the following: (i) Preparation, implementation, and monitoring of RAP. (ii) Guiding the resettlement committees at all levels in implementing the approved RAP and implementing resettlement activities in accordance with the resettlement policies specified in the RAP. If any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensuring they are addressed so that the objectives of the RAP are met; ensuring proper technical and logistical support to the Quang Ninh's and its districts' RCs (iii) Guiding and supervising the RCs while they carry out the Land Acquisition and Census Survey (LAS) to identify exactly the number of affected households and the extent of losses to be compensated, guiding local RCs in following compensation entitlements and procedures as defined in the approved RAP, and submitting compensation/ assistance costs for approval. (iv) Implementing information campaigns and stakeholder consultation in accordance with established project guidelines, supervising the compensation payment process and the implementation of the RAP, and redressing grievances concerning resettlement activities in collaboration with RCs. (v) Coordinating with other line agencies to ensure delivery of mitigation and support measures. (vi) Providing income restoration and other social support under the Rehabilitation Assistance Program. (vii) Implementing established procedures for internal monitoring, establishing and maintaining a PAP databases for each subproject in accordance with established project procedures and providing regular reports to the PMO and all data to the external monitoring organization (viii) Implementing prompt corrective actions in response to internal and external r-nonitoring, and resolution of grievances. (ix) Coordinating project-related employment for PAP (consulting contractors about employment opportunities for local people. informing PAP about opportunities and how to avail of the opportunities). (x) Implementing established project procedures for monitoring coordination between contractors and local communities and for ensuring prompt identification and compensation of impacts to public and private assets during construction. 2. Provincial Resettlement Committee 54. The PRC of Quang Ninh will be responsible for 17 (i) implementing, on behalf of PMO, all resettlement activities within the provincial territory under the PPC's management. and signing contracts for the implementation of some resettlement components: (ii) establishing and strengthening resettlement committees at district and commune levels: (ii) guiding all resettlement activities of provinces, districts and communes in accordance with the project policies and directives: (iii) establishing compensation unit prices for land and structures in collaboration with other provincial departments; setting up procedures for land acquisition and allocation and submitting them to the PPC for approval. coordinating, supervising, and monitoring the implementation of resettlement activities in the province: (iv) issuing guidelinies aboLit resettlement activities within their power, namely (a) conmpensationi prices for land, structures, crops, etc. (b) identification of land and structure legality: (c) procedures of land acquisition and allocation; and (d) approval of compensation charts for PAPs and affected public facilities, etc.; (v) directing and monitoring the DMS process, finalizing compensation forms. preparing compensation charts to submit to the PPC for approval; (vi) accepting and handing over the sites to the implementing agencies; and (vii) cooperating fully with the external monitoring organization. 3. District Resettlement Committees (DRCs) 55. The DRCs will be responsible for (i) planning and implemeniting, on behalf of the District People's Committees, all resettlement activities in their districts under the direct professional guidance of the PRC. If authorized by the PPC to be completely responsible for the resettlement activities in the district in the case that the PRC svill not be established, the DRC will play the same role as the PRCO (ii) planning and implementing all resettlement activities in the district; (iii) finding adequate land for individual relocations; (iv) being responsible for LAS, finalizing compensation forms, preparing compensation charts to submit to the PRC, and paying compensation directly to each AP after receiving the funds; (v) establishing inspectors to redress PAPs grievances on resettlement policies and entitlements: (vi) establishing, if necessary, commune resettlement committees (CRC) and directing their operations during the implementation of the resettlement activities; (vii) cooperating fully with the external monitoring organization. F. Agency Responsible for External Monitoring 56 One agency specialized in the social sciences must be identified in order to carry out socioeconomic surveys, monitoring, and evalLiation of RAP implernentation for the Project They will submiiit periodic reports on the implemnentation progress and make recommendations regarding the issues identified. The terms of reference and methodology for monitoring are presented in Section 10. G. Staff and Training 57. One full-time specialized resettlement staff will be recruited for each PPMU/SIO. The PMO and the consultant team will assist in fuffilling/performing their resettlement responsibilities. These people should have background on social sciences or anthropology. computer skills, good experiences or will be trained on resettlement issues, preferably be proficiency in spoken and written English. Depending on the scale of resettlement impacts of each subproject, a full time or part time resettlement staff will be required for local resettlement institutions. 58. As Quang Ninh subproject poses both marginal and severe resettlement impacts on PAP and involves three different of district level units, namely Quang Ninh town, Thach Ha and Cam Xuyen districts, there will be needed a resettlement council at provincial level, ie Quang Ninh PRC, to ensure implementation of a unified resettlement policy throughout project affected areas. -his PRC will focus in assisting the PPC on decision-making of the issues related to subprojects resettlement policy and problems arising under Quang Ninh PPC competence and within its administrative boundaries At town and district level, thlere will be established town and District RCs, which will be the implementation bodies r esponsible for implementation of day-to-day resettlement activities within their district's boundaries and authorization. 59. All full time and part time staff and decision making involved in project resettlement implementation will be trained on the WB's and GOV project's resettlement policy, methods of public consultation, negotiation etc. Specific resettlement skills training will be provided to numerators, implementation staff in resettlement implementation procedures, techniques, unified DMS forms, and management of the PAPs database. VII. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations during Preparation of Resettlement Plan 1. Public Information during RAP Preparation 60. The consultant provided information about the Project regularly. Actions taken were as follows: (i) Group interview surveys were condLIcted in 4 communes affected by Phase 1 project activities. Specific resettlement group interviews with affected persons were also conducted. In addition, stakeholder meetings have been organized at the provincial level with Quang Ninh PPC. Quang Ninh DARD, IMC. (ii) A Socio-Eonomic HHs surveys were conducted both for the benefited and, specifically, affected areas of the Yen Lap Subproject. The group interview surveys were conducted in 4 affected communes of the project pilot area. The surveys combined have provided useful socioeconomic information on agriculture, socioeconomic, cultural, etc. Each meeting involved from 7 to 30 persons. The majority of these persons were farmers from the different villages in the communes. Representatives of local farmer groups and other organizations, as well as officials from municipal and district levels attended the meetings. Women were also represented in common meetings and also discussed in separate groups The Hi-is questiotnnaire surveys were conducted in 2002 and 2003, and the group interview surveys were conducted in April 2003. (iii) Specific resettlement group interviews with affected persons were conducted in the four mentioned communes. 10-30 persons potentially affected by the project attended these meetings. This survey. conducted in April 2003, was designed to collect data on (a) vulnerable grcups which may be adversely affected by the Project, (b) resettlement preferences of affected families, (c) measures to reduce impacts, and (d) adequacy of compensation prices 19 issued by the provinces. (iv) A stakeholder meeting with Quang Ninh PPC also focused on resettlement issues, on possibility and commitment of the PPC to follow a project's approved resettlement policy, which reflecting the WB's and GOV resettlement objectives and principles. (v) In addition. affected households' preferences regarding resettlement and relocation were investigated through socioeconomic surveys (300 questionnaires). 2. Objectives of Public information and Consultation 61. Information dissemination to, in consultation with and with the participation of, affected persons and involved agencies will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of investments. The objectives of the public information campaign and PAP consultation program are as follows: (i) To ensure that local authorilies as well as representatives of PAPs will be included in the planning and decision-making processes. The PMO and the PPMU/SIO in Yen Lap will continue a dialogue with the Provincial People's Committee and the District People's Committee during Project implementation. PAP involvement in implementation will be continued thereafter by requesting each district to invite PAP representatives to take part in the resettlement activities (property evaluation, comrpensation, resettlement, and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP, as well as information about their reactions to proposed policies and activities. (iv) To ensure that PAP are able to make fully informed decisions that will directly affect their income and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them. (v) To obtain the cooperation antd participation of the PAPs and communities in activities necessary for resettlement planning and implementation, (vi) To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. B. Consultations Proposed During Implementation 1. Information Dissemination and Rehabilitation 62. During project implementation. the implementing agency responsible for resettlement (Yen Lap PPMU), assisted by the project consulitants, will undertake the following' (i) Provide information to resettlement committees at all levels through training workshops. Detailed information on project policies and implementation procedures will be provided (ii) Conduct informiation dissemination and consultation for all PAPs throughout the life of the Project. (iii) Update or establish provincial Linit prices, and confirm land acquisition and impact on properties througlh the DMS. (iv) The PRC/DRC will then applies prices. caiculate compensation entitlements. 20 and complete the Assets Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to PAP in the Land Acquisition and Census Survey follow-up visit to each household. (v) The Asset Compensation Form, showing the household's affected assets and compensation entitlement will then need to be signed by the PAPs to indicate their agreement wilh the assessment. Any complaints the PAPs have about the contents of the form will be recorded at this time. (vi) Consultation regarding PAPs preferred rehabilitation assistance program. This applies to severely affected and vulnerable PAPs. The social support team will inforiml PAPs of their entitlement to rehabilitation assistance under the Rehabilitation Assistance Program, before asking them to indicate their preferences. 2. Public Meetings 63. Prior to the beginning of the detailed design, a pLiblic meeting will be held in each hamlet to provide PAPs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected hamlet. A letter of invitation will be sent to all PAPs after the LAS has been completed at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAPs with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the PAPs, other means will be used to inform PAPs and the general public such as posters in prominent locations in the communes and districts where PAPs currently reside: radio, television, and newspaper announcements. The letter and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected households will be encouraged to attend, as well as other interested community members. The meeting will explain the Project, and households' rights and entitlements, and there will be opportunities to ask questions. Such meetings will be conducted periodically during the life of the Project. 64. Relevant information will be given to the PAPs at the meetings (verbally, graphically, and on printed information sheets). Extra copies of the printed information sheets will be available at municipal and district offices throughout the project area. The meetings will follow the following format: (i) Explanations given verbally and in visual format, including written information and drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will be provided for PAPs to respond with questions and comments. PAPs will be encouraged to contribute their ideas for PAP rehabilitation options. (iii) The DRC will establish a complete list of all PAPs present at the meetings. (iv) The DRC will make a complete record of all questions, comments, opinions. and decisions that arise during the information/consultation meetings. and present a report of all the meetings to the S10. 65. Information about the following will be given to the PAP: (i) Project components. This includes the places where they can obtain more detailed information about the project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project including explanations about the need for land acquisition for the reservoir, the canal network. and other project components. (iii) PAP rights and entitlements. These will be defined for PAP (with the cut-off 21 date). The rights and entitlements for different categories of PAP, including the entitlements for those losing businesses, jobs and income Options for land-for-land and cash. Options regarding reorganizing and individual resettlement, and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance (iv) Grievance mechanism arid the appeal process PAP will be informed that project policies and procedures are designed to ensure their pre-project living standards are restored. PAP will also be informed that if there is any confusion or misunderstanding about any aspect of the project, the commune or district resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compersation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. PAP will receive an explanation about how to access grievance redress procedures. (v) Right to participate and be consulted. The PAP will be informed about their right to participate in the planning and implementation of the resettlement process. The PAP will be represented on commune resettlement committees, and the representative for the PAP will be present whenever commune/ district/provincial committees meet to ensure their participation in all aspects of the project. PAP will be consulted about the training and training preferences in current or new occupations for all PAP whose income levels and living standards are adversely affected due to loss of agricultural land or other assets. (vi) Resettlement activities. PAP will be given an explanation regarding compensation calculations and compensation payments, rnonitoring procedures (which will include interviews with a sample of PAP), and preliminary information about physical woFks procedures. (vii) Organizational responsibilities. PAP will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the Government officials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. PAP will receive the proposed schedule for the main resettlement activities and informed that physical works will start only after the completion of all resettlement activities and clearance from the project area. It will be clarified that they will be expected to move only after full payment of compensation for their lost assets has been allocated to them. Implementation schedules and charts will be provided to resettlement committees at all levels. 3. Compensation and Rehabilitation 66. A letter of notification will be sent to each PAP with the time, location, and procedure for receiving compensation payment. Severely affected and vulnerable PAPs will be personally contacted to confirm their preferences for rehabilitation assistance to take necessary actions to respond to their specific needs. 4. Public Information Booklet (PIB) 67. To ensure that PAP, their representatives, and the local government in the affected areas fully understand the details of the resettlement program. and that they are informed about the compensation and rehabilitation packages applicable to the Project. a Public Inforimiation Booklet (PIB) will be prepared by the PMO, in consultation with WB. This booklet will be distributed to all PAP in the project area before DMS. General contents of the PIB wilt include the following: Brief Description of the Project. Implementation Schedule, Project Impacts, Entitlements and Rights of PAP, Resettlement and Rehabilitation Policies for All Types of Impacts, Institutionis Responsible for Resettlement, Information Disseminationt to and Consultations with Project Affected People, What To Do if PAP Have a Question or a Problem, Grievance Procedure, and Independent Monitoring. 5. Disclosure 68. In addition to disclosure to affected people and communities, this RAP or a summary will be displayed at public place such as at the PMO, Yen Lap PPMU (SIC), local provincial and district RCs, Provincial Information Center to disseminate information about the Project to all interested parties/stakeholders. C. Grievance Redress Procedure 69. In order to ensure that PAP grievances and complaints on any aspect of land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner a grievance redress mechanism needs to be established. Such a mechanism will ensure that all possible avenues are available to PAP to air their grievances and that theory is well defined. It is also important that all PAP become aware of the established procedures for the proposed grievance redress mechanism The detailed procedures for both redressing grievances and the appeal process will be publicized among all PAPs through an effective public information campaign. The grievance redress mechanism and the appeal procedures will also be explained in the public information booklet distributed to all PAPs. 1. Contents of Grievances 70 PAPs can lodc,e their complaints regarding any aspect of compensation entitlement, compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs. Complaints by PAP can be lodged verbally or in written form, but in case they are lodged verbally, the committee to which it is lodged will write it down during the first meeting with the PAP. PAPs, who present their case to the PMO, District People's Committee (DPC), or PPMU, will be exempted from paying any fees. In addition, PAPs lodging complaints and appeals to district courts will be provided with free legal representation. 2. Grievance Procedures 71. A four-stage procedure for redressing grievances is proposed. This includes: Stage 1 - Complaints from PAPs on any aspect of the resettlement program, or un- addressed losses shall first be lodged verbally or in written form to the People's Committee at commune level. The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the people's committee at commune level. The People's Committee at commune level will be responsible for resolving the issue within 15 days from the day it is lodged. Stage 2 - If no understanding or amicable solution can be reached, or if no response from the people's committee at commune level is received by the PAP within 15 days of registering the complaint. he!she can appeal to the District Resettlement Committee. The vice-chairman of the DPC will hear PAP in person, and PAP will be invited to produce documents, which support his/her claim. The complaint must be settled within 2 months of registering the original complaint. The DRC will provide a decision within 1 month of the registering of the appeal. Stage 3 - If the PAP is not satisfied with the decision of the DPC or its representative, or in the absence of any response by the DPC, the PAP can appeal to the Provincial People's Committee The Provincial People's Comnmittee together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC. Stage 4 - If the PAP is still not satisfied with the decision of the PPC or PRC on appeal. or in absence of any response from the PPC within the stipulated time, the PAP, as a last resort, may submit his/her case to the district court. Vill. BUDGET A. Financing 72 The Central Government will pay resettlement cost related to land acquisition of primary and secondary canals while compensation for the tertiary and on-farm canals will come from local budget or by contribution of the direct beneficiaries. The latter will be based on intensive discussion and consultation with farmers to find the ways for farmers/beneficiary equitable contribution to development of the tertiary on-farm small canals and adequate options have been presented as compensation for the involved losses. B. Flow of Funds 73. The PMO will be responsible for channeling funds for land acquisition and resettlement to the PRC which will be responsible for the payment of compensation directly to affected persons for land, crops. trees, houses, other structures, and for various other allowances. The PMO will also be responsible for contracting and external institution to be engaged in external monitoring. C. Adjustments for Inflation 74. The cost estimates in this RP are based on PPC's issued prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually, based on the actual annual inflation rate. The SIO together with the provinces will deterrnine the annual inflation rate and ensure the necessary annual adjustments are made to compensation rates and to all cash entitlements. 0. Compensation Prices 75 The prices used for cost estimates of land acquisition Rnd resettlement are based first of all on the prices issued by Quang Ninh PPC in decisions regulating coripensation prices for land and different affected assets/properties. The cost estimates in Table 8 include 10% contingency costs. (i) The current compensation and resettlement costs are based on: (a) land acquisition and census surveys conducted in May-June. 2003: (b) identification of different categories of impacts. resettlement policieS, and entitlements described in Section 5; (c) provision of Decree 22/1998 on compensation and resettlement; (d) compensation prices issued by Cuang Ninh provinces for relevant projects: and, (e) Assessment of replacement cost made by consultants, based on available information gathered in May 2003. (ii) According to Decree 22 (Article 8), the prices for compensation shail be decided by the Provincial People's Committee for each specific project. For present purposes, the orice lists issued by Quang Ninh province in the Decision 2899/QD-UB, issued on 24 November, 1999, concerning unit prices for land in case of land acquisition for public, national security, safety, national and public interests in Quang Ninh province; the Decisions of Quang Ninh PPC, concerning Unit compensation prices for crops and trees, houses and structires, applied for its other similar and recent projects such as "Rehabilitation of National Highway No 18A Project", " Cai Lan Industrial Zone Development Project"...and validated and/or adjusted by the consultants during preparation of the study, have been applied for preparation of this RAP (iii) In order to avoid complaints and to ensure fair compensation prices for affected persons, compensation prices used for cost estimates in the RAP have been hased not only on prices issued hy the provinces, but also on result of rapid assessment of market price conducted by the consultant in the affected areas. However, to comply to the unit prices issued by the province, for cost estimates the consultant took those provided as a base and use the higher unit prices for land and other categories of losses. (iv) During the detailed design of the Project, the subproject will revise compensation unit prices for all categories of loss (land. crops, and trees) to ensure PAP receive actual replacement cost at current market value at the time of compensation. PAP and local authorities will be consulted on the proposed rates before they are finalized. E. Income Restoration and Rehabilitation Assistance 76. Relocated household and vulnerable households will be entitled to restore or improve their pre-project conditions. These costs will be updated at the time of compensation tc adjust for inflation. F. Implementation Costs Defined 77. Costs for land acquisition and compensation will be fully funded by the Government. Resettlement administrative cost includes performing resettlement activities by PPMU/SIO and resettlement consultant, and management fees for various resettlement committees, implementing agencies. It consists of cost for the payment of salaries, per diem, logistics, management fees, etc; cost for Delailed Measurement Survey (DMS) of losses, evaluation of assets lost, pricing application; public information and dissemination, preparation Project Information Booklet, posters, materials and dissemination of information; cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 78. A budget will be provided for training of full time and/or part time staff involved in the project resettlement activities. Contents of the training will cover such topics as resettlement policy of the project. of WB and the Vietnam current resettlement policy outstanding resettlement issues, stakeholder participation; methods of public information and consultation. Specific resettlement topics and skills. for example, the DMS and compensation forms, evaluation of lost assets, identification of entitlements. Tramning will be provided to particular groups of resettlement officials and consultants. Training of staff and consultants for capacity building is set to VND 154.000 ($ 10.000). 25 79. Monitoring costs includes costs for internal and external monitoring. which is set to 3%. A contingency cost is set to 10%, as shown in table 8 below. G. Cost Estimates 80. The estimated cost of resettlement for the all land and crops/trees cost affected by is VND 9,457,544 ($ 614,125). Detailed cost estimates for this resettlement action plan are presented in Table 8 below. Table 8: Compensation Costs Project component Permanent Land acqtuisition Unit Otiantity Unit Total cost Total Acqtiisiiort FIllts illipacts/ of rate (/000 VNO) cost reqd (ha) severely cntitlements losses 1'000 (USS) affected VND) All Canals 15.4 I.nLed (anmt1al m2 140.673 19 3 2.714.989 1 76 298 croprs. 0 w( nv11nntly lost) L anld (amimraal 980 4 3.020 255 cropsl lernporary loss m2 _ . _ _ _ _ .. . Landt ~__ J_ 5828 40 2-3 3 120 __ 138 I arttlnci illi,, _PIIIe' fIl 1iss) nn2 _ _ _ _ __ _____ _ _ _ .. _______ _ pir aimIls m _______ __ _ _ _ __ Land 3.562 8 28.496 1.850 (aquaculture, lelnporary loss) m2 .________ _ ______Annual Crops m2 6.808 4 27.232 1.768 ________ .____________________ ._________ Shrimp/lish m2 9_390 8 75.120 4.878 Trees Tiees 788.472 5 t 1 99 Spiilway 7.8 I10 Lanid periarnei m2 113500 t9 3 2.190.550 142.244 Lanid permanent m2 8700 19.3 167,910 10.903 _ ____._ _ _ _ ____.__ ____ .700 ____ L.and Tempo m2 F75 0 4 223.000 14 481 H-ot Ise/sIlrrcl-tjres Mi2 - - 265.550 17 244 Crops/trees 111.071 7 212 Managemenii m2 251 road&House ILand 200 19.3 3.860 ____________________ ___________ Land lemporarily [12 1000 4 4.000 260 _ Trees Trees 1.540 100 Homise/structures m2 Slphon SChanh lan d m2 1960 40 78.400 5,091 1960 4 7.840 509 Cat Hal Water supply 2.2 ____ Land m2 _ 15300 40 612.000 39 740 . _ ___ . _ __ _ ____ . _ _ _ __ 15300 19 3 295.290 19 175 _ _ .. _ --_- __ _ _ _ - __T Shrimp m2 6500 8 52.000 3 3 7 7 oTlal Base cost _ 7,884.360 511971 Total base coinpensatiori 511.971 Exchantge rale I USD = 15 41n0 VNP cost 7.884.360 Administration cost (5%) 394 218 25.598 Moniitoring cost 236 530 15,359 Trainiing cost 154.000 10 000 Continigency Cost (10%l 786 419r) 51 19. Grand Total Resettlernent cost 9,457,544 614.125 26 I. IX. IMPLEMENTATION SCHEDULE 81 Approval of the RAP. The Governnment will sencd this RAP to the World Bank and it has to be approved as a precondition for appraisal. 82. Information Dissemination Prior to Detailed Design. Prior to the commencement af detailed design, MARD will implement an information campaign throughout the project area. Information meetings will be held in all potentially affected hamlets to inform the communities about (i) the project scope. (ii) impacts, (iii) entitlements for all categories of loss, (iv) schedule of activities beginning with the detailed design survey, (iv) institutional responsibilities, and (v) the grievance mechanism. The project implementation brochure will be prepared and distributed to all affected communities during the meetings. 83. Establishment of Resettlement Committees. All provinces will establish their resettlement committees as soon as the Project has been approved. This will be followed by establishment of resettlement committees at district and commune levels. 84. Training for Resettlement Staff. Within 2 months of mobilization of the resettlement consultants for the CPO/PMO all local resettlement staff at PPMU/SIO, PRC, DRC, and CRC levels will be trained by the PMO assisted by the consultants. Training subjects will incILide (i) procedures for updating the RAP; (ii) consultation and information dissemination methods; (iii) principles, policies and entitlements of the RAP: (iv) implementation steps, procedures, and schedule: (v) grievance redress mechanism; and (vi) powers and obligations of individuals/agencies involved in the process of resettlement programs. 85. Updating Replacement Cost Unit Rates. During the preliminary detailed design process, the PPC will update unit rates at replacement cost for all categories of loss and adjust allowances to account for inflation. Prior to formal issuance of the project compensation unit rates, with the assistance of the project resettlement consultants, the implenmenting agencies and PRCs will validate the unit rates through consultation with PAPs and the local government. 86. Detailed Measuremenit Survey. An updated DMS will be conducted after completion of the detailed design. The updated surveys will serve as the basis for compensation. 87. Data will be computerized by MARD and CPO/PMO. 88. Information Dissemination and Consultation. This will be implemented as described in Chapter 7. 89. Updating of the RAP. This RAP will be updated after detailed design and approved by WB before commencement of any resettlement activities. 90. Pricing Application and Compensation of PAPs. Resettlement committees at district or provincial level will be responsible for pricing application and preparing compensation charts for each affected commune/district. These will be subject to verification by the PPMU/SIO, PPC and CPO/PMO and of unit prices, quantity of affected assets. PAP entitlements, etc. before posting them at each commune for the people to review and This temaininig laind then will he tiinsferie d by the project to local fala(n Is/lnger nerd orgarizations comment. All compensation forms must be checked and signed by the PAPs to indicate their agreenient. 91 Compensation and allowances will be handled at commune level under the supervision of representatives of the PRC, DRCs, PPMU/SIO and CPO/PMO. Guidance will be given by the PPMU/SIO to aid local resettlement committees in making payments to PAPs. 92. Award of Civil Works Contract. After all PAPs affected for one component have been compensated in accordance with the approved RAP. approval can be given for award of civil works contract for that component. 93 Income Restoration and Rehabilitation Assistance. In order to provide adequate economic rehabilitation measures, PAPs entitled to rehabilitation assistance shall be consulted on rehabilitation options and shall be assisted to participate in the relevant activities. 94. Monitoring. Internal and external monitoring shall start as soon as the updated RAP has been approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external Monitoring organization prior or during DMS to update and advice PPC on compensation rates. A post-resettlement evaluation will be undertaken by the external monitoring organization 6 to 12 months after completion of all resettlement activities. II. X. MONITORING 95. Monitoring is the continuous process of assessment of project implementation, in relation to agreed schedules, the use of inputs, infrastructure and services by the Project. Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible to facilitate timely correction during project operation. It provides systematic and continuous coliection and analysis of information on the progress of the project. It is a tool to identify strengths and weaknesses and to enable timely decisions for corrections. 96. Monitoring has two purposes: (i) To verify that project activities have been effectively completed including quantity, quality, and timeliness. (ii) To assess whether and how well these activities are achieving the stated goal and purpose of the Project. 97. Regular monitoring of the RP implementation will be conducted by the PMO and WB. as well as by an independent external monitoring organization hired by the PMO. A. A. Internal Monitoring 98. Internal monitoring of the implementation of the subproject RAP for the main components will be the responsibility of the Yen Lap PPMU. with the assistance of the project consultants. The implementing agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. 99. Monitoring Indicators. The main indicators that will be monitored regularly are: (i) Payment of compensation to PAPs in various categories. according to the 28 compensation policy described in the RAP. (ii) Delivery of technical assistance, relocation, payment of subsistence and moving allowances. (iii) Delivery of income restoration and rehabilitation assistance. (iv) Public information dissemination and consultation performance (v) Adherence to grievance procedures and outstanding issues requiring managernent's attention (vi) Priority of PAPs regarding the options offered (vii) Coordination and completion of resettlement activities and award of civil works contract. 100. The implementing agencies will collect information every month from the different resettlement committees. A database of resettlement monitoring information regarding the Project will be maintained and updated every month. 101. The Yen Lap implementing agency will subnmit to the PMO, and the PMO assisted by the project consultants will submit to the WB as part of PMO's regular quarterly progress report to WB, a monitoring report on the progress of implementation of the RAP every 3 months. The internal monitoring reports shafl include the following topics? (i) The number of PAPs by category of impact per component, and the status of compensation payment and income restoration for each category. (ii) The amount of funds allocated for operations or for compensation and the amount of funds disbursed for each. (iii) The eventual outcormie of coinplaints and grievances and any outstanding issues requiring action from management. (iv) Implementation problems (if any) (v) Revised actual resettlement implementation schedule. B. B. External Monitoring 1. 1. Objectives 102. The general objective of the external monitor is to provide an independent periodic review and assessment of achievement of resettlement oLUectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for future policy formulation and planning. 2. 2. Agency Responsible 103 In accordance with WB requirements for consultant procurement, the Project Management Office will hire an organization for the independent monitoring and evaluation of RAP implemiientation. This organization. to be called the Monitoring Organization (MO) will be specialized in the social sciences and experienced in resettlement monitoring. The MO should start their work as soon as the updated RAP has been approved. 3. 3. Monitoring and Evaluation Indicators 104. The following indicators will be monitored and evaluated by the MO: (i) Payment of compensation will be as follows: (a) Full payment to be made to all affected persons sufficiently before land acquisition, adequacy of payment to replace affected assets: 29 (ii) Coordination of resettlement activities with construction schedule the completion of land acquisition and resettlement activities for any component should be completed prior to award of the civil works contract for that component. (iii) Provision of income restoration assistance under Rehabilitation Assistance Program. (iv) Public consultation and awareness of compensation policy (a) PAPs should be fully informed and consulted about land acquisition, leasing and relocation activities: (b) The monitoring team should attend at least one public consultation meeting each month to monitor public consultation procedures, problems and issues that arise during the meetings, and soluticns that are proposed: (c) Public awareness of the compensation policy and entitlements will be assessed among the PAP: (d) Assessment of awareness of various options available to PAP as provided for in the RAP (v) Affected persons should be monitored regarding restoration of productive activities. (vi) The level of satisfaction of PAPs with various aspects of the RAP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored. (vii) Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported. C. C. Monitoring Methodology 105. The methodology for conducting mornitorinig and evaluation of the RP implementation will include the following activities: 1. Sample Survey 106. A socio-economic survey will be reqLlired before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. Monitoring will be on a sample basis. The sample size shouild be 100% of relocating households and severely affected farmers, and at least 10% of all other households. The sample survey should be conducted twice a year. 107. The survey should include women, elderly persons, and other vulnerable target groups. It should have equal representation of male and female respondents. 108. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of all resettlement activities. 2. Database Storage 109 The MO will maintain a database of resettlement moritoring information. It will contain files on each affected household and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implementing agencies and the PMO. 3. Reporting 110. The MO will be.required to submit the findings of the periodical monitoring every 6 months. These monitoring reports shall be submitted to the PMO, which in turn will submit the reports to the World Bank as an annex of its progress report. 30 111. The report should contain (i) a report on the progress of RAP implementation: (ii) deviations, if any, from the provisions and principles of the RAP: (ii) identification of problem issues and recommended solutions so that implementing agencies are informed about the ongoing situation and can resolve problems in a timely manner: and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. 4. Monitoring Report Follow-Up 11 2. The monitoring reports will be discussed in a meeting between the MAO, PMO and implementing agencies held immediately after submission of the report. Necessarv follow-up action will be taken based on the problems and issues identified in the reports and follow-up discuissions. D. Evaluation 113. Evaluation is an assessment at a given point of time of the impact of resettlement and whether stated objectives have been achieved. The external monitor will conduct an evaluation of the resetilement process and impact 6 to 12 months after completion of all resettlement activities using the same survey questionnaire and sample as used during the monitoring activities. 31 ENTITLEMENT MATRIX TYPE OF DEFINITION OF COMPENSATION ITEM | LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 2 3 ! 4 5 6 1 _Tfemporary Loss of use of the land 1User of land Cash compensation for loss of crops and trees at market There should be measures to improve loss of arable for a period equal or; irrespective of legal prices, and land quality in cases of land being land less than one year rights or not. (ii) Compensation for loss of net income from adversely affected. subsequent crops that cannot be planted. (iii) Restoration of land to its previous or better quality Note: If more than one year. PAP has an option to 'i) continue the temporary use arrangements or til oermanent land acquisition at full replacement cost Permanent Less than 20°Oa5 of total |User of affected land ?AP will be entitled to: If the viability of the remaining land is less p loss of arable affected assets lost due can be legalized as a in Cash compensation for acquired land at 100::- of than the minimum viable economic unit, land to acquisition of arable permanent user replacement cost, and then the entire piece of land would be land. ii) Cash compensation for crops and trees at market acquired and the PAP vvould fall under price. the next category. Marginal impact on household income and living standards. User with temporary or ) Cash compensation for acquired lano at 30% of its leased rights to affected replacement cost after another 70% paid to its legal land, but can not be user, and legalized as long-term Ji) Cash compensation for crops and trees at market legal land users once. 32 | TYPE OF ! )DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON POLICY i IMPLEMENTATION ISSUES i 2 3 4 5 6 User without legal rights (i) In lieu of compensation for land, an assistance to use land equal to remained investment put on the land. (ii) cash compensation for crops ano trees at market price More than 20a,' of total Legal or legalizable PAP will be entitled to cash compensation for crops Priority will be given to land compensation affected assets lost due i long term land user and trees at market price, in addition to one of the of equal area and productivity within the to acquisition of arable following options: same or surrounding comnmunes. land. |i) As a priority, full title to land of equal area and productivity acceptable to PAP in tne same or Cash in lieu of land will be offered only as The approach taken is I surrounding communes. or a last resort or at the informed request of restoration of income ii) Cash co. ipensation for lost land at t002 the PAP loss. replacement cost. at the informed request of PAP and a rehabilitation package of allowances of VND Severe impact on . 3.000.000 household income and living standards. i Userwithout legal rights (i) In lieu of compensation for land an assistance If no reserved land available, the forms of to use land equal to remained investment put on the land. rehabilitation assistance for poor ana (ii) For poor and vulnerable househoids w,no are landless PAPs will be made in closE landless and have not been allocated ,ano before, will consultation with the PAP to meet ;hep be assisted by local authoritv to obtain land of an area needs and assist them able to restore equal to minimum standards size, with iult legal title to their earning capacity the land, and/or rehabilitation measures of value equal to VND 3,000,000 to assist thern to restore or improve their earning capacity and income (iii) Cash compensation for crops and trees at market price. 33 TYPE OF DEFINITION OF COMPENSATION LITEM L *LOSS APPLICATION ENTITLED PERSON POLICY ' IMPLEMENTATION ISSUES 1j | 2 3 4 1 , 2 Loss of Land acquired wilhout I l IILI I'ICr 1 PAP will be entitled to cash compensation for land at residenilal , structures built therein. 100% of replacement cost of the land acquired land (no structures affected) _ I, Loss of t PAP who has t User of the affected 1 1 \PIs\ will he nijtillrd tQ 1hke i nuii:' F residential residential land beyond land. I (i) Cash compensation for land acquired at 100%/- of land Ivvith project area replacement cost, and structures oii) Reorganisation on remaining land behind beyond affected) the Prolect area 3 1 Structures I Structures located in User of Project affected PAP with the affeGted structure will be erntitled to the protect area structure compensation at 100% of replacement cost of the affected structure. No deduction will be rnade for aepreciation or salvageable materials 4 Loss of Lcss of business Relocating owner of the PAP will be entitled to: productive income and other affected business. (i) Compensation for structure at full replacement cost At the time of compensation, allowances assels productive assets No deduction shall be made for depreciatiort or will be adjusted to account for inflation. I salvageable materials. F tlii A special incorne transition allowance of VND PAlls k ill he\i i%u priti l6i rht ii,ic>s * F 1.400,000 to facilitate restoration of income. ,irIlic:tiuo1 0 altoi lftier o t fia .'oililtiiiiiiIl t 1;ikii (iii) Transport allowance. uiidll 0I11 .:;,,s C eU r the hiCiL'V 111' kiv) Priority to relocate to a place with equal or better l'001hrl&i2N Ill orktil. t NIIUI,C ilieii i)ii.ti _ . ._________ .__________ _._______________ ... ___|__ _,, com m ercial potential. _____________uiii iom er ia Inotnti l. 11'0111 lLi ll rie 5 Allowances Materials transport Relocating PAP \ltlii ,-Coc)ae I'Alls \lU or enfilil it 13i,:1iZ'Ii ii0111 I )t'(> I, \t tlle '!ne teiii i pem.tluii. ,mllm\.iiees l *ll allowance. wiiimso1lurt limISi hOlm d IC\k . Ib5. ..il Ii\.l'l hiiml ' x - , li .IIit )cc I ii ll l Intlhit ill . iit.ii.nl; iio rclneu;tiLt mItCO,, It etlL.. soiitp'. Cli liii ii i ic l corlStruCtiOn I public structures or land affected area -, ,eritl.nittt aLcicits. til) Damaged property will be restored immediately to its former condition. 35 Projecl ''VnH',,v Resot('ce Stiu;peft 7'i,ifb.ir,i'7 Cririn ent 2 {te f'n',;0inr nf hnrpot.'n '4 tpn; " ,ef;,t r ,-Jxvp 4 ie R(e Go migarton Svslenm tModewizatfol, SubpyojeCl 020%). HH Agric HH Persons |H ____ (<20%) | Headw;vorks 0 0 0 O O O Canals&access 0 0 37 467 2774 3358 15049 roads Main canal 0 0 7 47 309 373 1,678 Primary canal 0 0 _ 395 1250 1736 7751 Ni_ _ _0 0 0 252 615 844 3,738 N2 _____ __ _ _ _ _ 0 _0 0 0 246 322 _ 1,449 N7 0 0 30 0 173 203 913 N8- 0 0 0 0 85 85 382 N9_ 0 0 0 143 131 282 1269 Pilot area 0 0 36 25 1215 1249 5620 Subsystem of 0 n 36 25 256 290 1,305 canal N3 ___ _ _ _ _ Subsystem of 0 0 0 0 318 318 1431 canal N4 iSubsystem of o 74 74 333 canal N5 SubsysTern of r (? () 0 5C7 5637 2,551 kcanal N 6_ Total - ° 73 467 2774 3358 15,049 Total Loss of Land (ha) Residential _ Agric._ Forest _Unused Other Total Head works 0 0 0.6 0 0 0.6 Canals&access roads 7.3 68.4 00 0 0 75.7 Main canal 1.1 7.3 0 0 0 8.4 Pririmary canal 5.8 27.2 0 0 0 33.0 _. Ni 4 1 15.4 0 0 0 195 N2 0 4.8 0 --- 0 0 4.8 N7 0 4.2 0 0 0o 4.2 NR ttt0 1.( 0 O O 1.0| N9 1 7 l 8 0 0 ( 3 5 |_Pilot area 0.2 33.9 0 __° 0 0 34.1 SLbsystem of canl I N3 0 2 7 3 0 0 0 75 Subsystetem of I canal N j 0 1 9.I 0 0 0 19 1 Subsyslenm of 0 36 canal N5 0 0_ 0 3.6 Subsystem of 0 3n canal N6 0 0 ___ 0 3.9 Total 7.3 68.4 06 0 0 76.3 Source Inventory of tosses by Ke (30 IMC _ _. Key HH = household, ha hectares Includes Shop/Houses, ''Cormbined shop/houses are also included in tIhe column tor Residenlia!. Persons is calculated based on average number of mnenihre; per household op Table 2: SLImmary of Permanent Impacts on Land and attached property ProLect 'Water ReSouirCe Suipporl - V,ettna;7 Comnponcn/t 2 A,fodpint7a(,on of l,moation SYSten's" Resettlenent Ac/ion P/a;, fol Ke Go Irrigation Systenm Modermizatiotn Sutbpio)ec_O(Ke Go RAPI for Ke GoJIrrigation System Modernization Suibproject - Severe Imnpact Marginal Impsct Total Impact Name of works -- slhoPl Ag-ric Resid. HH" Ho uses (>2O'/). Rei.HHAg Persons _____ ~~~~~~~~HH... HH 2/) I Head works 0 oj 0 0 01 0 0 Canals&accessoof777 69 76 3,2 roads 0 3-7 69- -3,2 Main canal o ~ ~~~ ~~ o 7 - 22 Is 36 161 Primary canal 0 0L 30 44 284 338 1,491 Nl _____ oj 0 24 37 41 184 rN 2 0 00 0 74 74 326 N7 0 ~~ ~~~~~ ~~~~~0 30 0 173] 203 893 iN8 0 0 0 0 0 0 __ 0 N9 __0 0 20 0] 20 88 Pilot area __-U-0 - 0 36 11 357j 395 1,769 Sub1systemr of 00 36 ii 731il 440 canal N30 Suibsystem of 1 )81 7 Subsysqtemn of 0 00 0 47 47 207 -canal N5 SLubsystemT of0000 151369 canal N6 1513 9 Tota I 0 0 -73 - 77_ _6591 - 769 3,421 Permanent Loss of Land (ha) Residential Agric. Forest Unuised Other T'otal Head works 0 0 0.6 0 0 0.6 fCanals&access roads ___ 0.5 6.5 00 0 0 7.0 Main canal 0.3 0.4 0 0 0 0.7 Primary canal 0.1 2.9 0 0 _ 0 _ 3.0 NI ~~~~~ ~~~~0.06 0.2 0 0 0 0.3 N 2 ___0 -12 _ 0 _ 0- 0 1.2 N7 _ _ _ _ _ _ _ 0 1.5 0 0 __ _ 0 __ 1.5 N9 nOn 1) 0 0 o0 1 LPilot area 0.06 3.2 0 0 03.3 SI bsyskam ol :,I/N3 0 0)" tI 1) 1 7 Suibsystemi ofI canal N4 0 l.2 ~ 0 0 - 0, 0 2 Subsystemi of0 canalN N5 0 I Suibsystenmof 0 07~ .0 canal N6 - .-- _0 0 _ 0i 07 Total 0.5 6.51 061 0 o 7.6 9. The purpose of this RAP is to prepare r-neasLtres dealing with compensation and rehiabilitation of project affected people. enistirirng ttiat all project affected persons (PAPs) will be at least as well off after the project as thepy wotuld have been in the absence of the Project. This RAP is hased oni (i) a cCnsus- anti Itiventory of Losses (IOL) of 100% of PAPs in the nm,tn/primary canal area and All canals andl access mianaq enernt roads identified in) the pilot Ptolec1 Water Resouice Support - Viptn )" Coinpr(er'nt ' "MAA(rter7,ation of troqatreio SVyqt'i' RPsetitte,nont Action Plan fnr Ke Go Irligatiot System Modeinizatioii Subploject (Ke Go RAP) area: (ii) on1 a sample HHs socio-econoinic surveys in the project s beneficiary ancl affeclted comm1ulnes, conducted by Ke Go IMC; a nd (iii) on group interviews and discussions in project affected commuines. condtICled by tMe constillanis duiirng the feasibility studcy April 2003. 10. Policies for compensation. relocalinr. n(d rehabilitation have been establisthed based on these surveys. applying Vietnam's existing laws and sLib-laws regulations and the World Bank Operative Directive OD 4.12 on Involuntary Resettlement, OD 4.20 on Indigenous People and OPN 11.03 on Cultuiral Property. Following detailed design of these main components, t his R AP w ill be u pdated b y K e Go S ubproject M anagement Unit t o i nclude revised numbers of PAPs and revised, updaited compensation unit rates for all categories of lost a ssets and allowances. Following a pproval by WB a nd the Government. t he u pdated RAP will be implemented by the resettlement committees (RCs) under the guidance of the people's crommittees of eact district and MARD. Careful coordination between all the agencies and m inistries w ill be necessary t o c omplete t he d ifferent resettlement a ctivities successfully. The provisions and policies of this RAP will form the legal basis for the implementation of resettlement activities for the Ke Go Subproject. Ill. SOCIOECONOMIC INFORMATION A. Source of Data 11. This RAP has been based on census and land acquisition surveys for 100% of PAPs due to the main and identified primary canals including canals of the pilot irrigation subsystems I and 2. The Ke G o IMC c onducted t he i nventory s urvey in April-May 2 003. Land acquisition and resettlement requirements were estimated based on detailed land use data in each subproject area, and on technical design. A DMS will be necessary during the implementation phase to finalize the figures on identified households affected by the Project, 12. Socioeconomic information has come from several sources: (i) household questionnaires (40 HHs) in subproject affected area in 2002. and HH socio-economic questionnaire survey of 102 affected HHs conducted by Ke Go IMC in April- May 2003; (ii) group interview surveys conducted by the consultants in communes over the whole project area in April 2003. and (iv) resettlement grouip interview surveys carried out by the consultant in the 4 affected communes of the Project pilot area in April 2003. 13. Specific resettlement grouip interviews with PAPs were rondtucted to cnllelt data on (i) specific resettlement needs of vulnerable groups which may be adversely affected by the Project. (ii) resettlement concernsr anrd preferences of affected families, and (iii) merIsures to reduce impacts. B. Impacts on Land and Structures 14. Rehabilitatiorn of about 117 km of the main and primary canals and other works, and of the lower levels canals of the pilot areas will recover about 76.3 ha of land among which there only 7.6 ha will be acquired permanetntly. In total. resettlement impacts are posed on 3358 HHs. However, only about a fourth of the total number (769 HHs) will experience permanent land losses. The number of severely affected HHs include 73 farmers, who wilt lose equal or more than 20% of ttheir tolal lanid holdings due to construction and rehabilitation canals in thie pilot areas. No HH will lose house or structures. Some public electric columns and graves are to be relocated. Some other HHs are losing part of their residential land permaniently and/or temporarily (mainly). Project 'Water Resowitce Supporl - V,elnari" Comnponent 2 "Modernizatton of iltpgation Systpers Resett'ernent Act0on Plan fc" Ke Go Irrigalion System ModetnI7lio7 Stlrp),ojer.l (Ke Go RAP) C. Population: 15. All PAPs surveyed are of the Kinh ethnic grotip. There is no ethnic minority group surveyed. The average size of the stirveyed PAPs are 4.4 persons/HH. The overwhelming majority of stirveyed HH are male headed. Among the total 102 H-Is, only 5 HHs are heaided by females. The average age of the HH's Heads (HHHs) are 47.8 and their average eduIcation is 9.1 (see table). Table 3: Population characteristics of PAPs surveyedf C'_ 1l 1V1ky I 1:1.,l.h | 1.I1 .-l| I.al | (al h c .il | rarn Total, | Xin | fini Thai- Pinh V:n | Ti,-mr | flinli r,nr1 av!r:8qo P'opulalion 82 76 43 49 65 23 31 44 37 450 Elhnic(%). - Kinh 100.0 100.0 1000 moon 100.o 100.0 100.0 100.0 100,0 100.0 HH size (pers/HH) 5.5 4.5 4.3 4.1 4.6 2.9 3.9 4 4 4.6 4.4 Age of HHH 45.3 45.5 45.4 41,6 42.2 51.9 48.5 44.9 47.8 47.8 Eoucation 8.9 9.9 6 8.1 9.6 4.3 6.3 8 1 7.0 9.1 Source: HHs socio-economic survey. 2003 D. Occupation and Income 16. Resulls of the two separate Socio-economic surveys of HHs as for the project beneficiary areas and of PAPs showed the same occupation pictures, indicating the important role of agriciulttire in HHs incom1e. All Ithe active labors of the HHs surveyed of the first survey are engaged in, farming. (See Table 4). Table 4: Main Occupations of Household members (%) Farmer Pupils, students Othersa Total Men 58.4 41.6 0.0 100.0 Women 63.3 35.4 1.3 100.0 Average 60.7 38.7 1.4 100.0 " Others include indusril workers, etirehd, smaill services, a_nd housekeepers. Soturce: Socioeconomic surveys 1999-2000. 17. The results of socio-economic survey of the PAPs, conducted in 2003 in 9 communes shows the same with the survey of 2002 occupation picture: Among the 102 HHH surveyed. only two have income derived fromn other than agriculture, while all the rest 100 HHs are engaged in agricultural sector and are pure farmers. 18. Boltl cultivatiorn anid farm1iing contribute important part to l he H Hs inconme, I n m ost commuiiiiines stirveye(t. the averaqge r;ilio of c Illivltion anid livestock varies arourt 35%, of the HHs total income. Levels of incomr vary considlerahly in the project area as shown in Tahble 4 below. Based on the Ministry of Labor Invalicis and Social Affairs classification. four income- level categories have been identified: (i) Category l: The poor-incomne per capita is < D100000/month. (ii) Category II: The lo.v-income per capita is from D100.000-D199.000/month. (iii) Category IlIl: The well-off-income per capita is from D200.000- D399.000/ m onth. (iv) Category IV The wealthy-income per capita is > D400,000/month. Projecl ''Warer Rearni r-n S ,irior- Vproiomr ('. prrrrninin , 2 A4nrfr,n-,71inrln rf lrrntnfm)n SR-ornr 1 1-,n Al ArWlon P1ki,. NtC ,! I"k, 11011 Sy.k'wl _,4fio'nu.d, iI norljp)r,rpc ) t(r' CtGo VAj 'l Table 5: Levels of Monthly Income (¾) Category I Catcgory Category III Category IV < D100.000 DI 00.000- D200.000- > D400,00 Project Compilionenits per t D100t00 D199,000 D399,000 per > mon per morithi month per month Number of HHs 10 59 42 10 Average 8.3 48.8 34.7 8.3 Source: Socioeconomic survey 2002. Table 6: Levels of per capita Monthly Income l%). Cam My Thach Thach Cam Thc C hacGh Can Cam | Total __ __ Xuarn _-Bnh T Thanh Binh Vinh Thong Binh LDuong average Sampe) 15 17 10 12 14 8 8 10 8 102 (HH) __ <100 20 59 80 42 43 0 13 0 0 32 100-200 53 35 2n 50 50 20 8a 70 q8 53 -200- 2(0 6 , 0 33 ii 2r) 13 12 399 >400 7 0 0 ft 7 0 Ii i) s0 3- Souirce ResLilts Of Soio-ecnonoic siurvey ol PAPs, 2(103 Table 7: Average HH income by commune (100OVDN/HH) Can; Thach Thach Cam Thact, Cam Thach Can, Cam My_____ Xuan 83inh t Thanh B3inh | Vinh , Thang Bint' j Duong Average monthly income 11422 498t 1 i401l 56 .13 (,157 7625 5,13 II r135 7 93 0 Ratio of livestock in totail Hs 40 18 39 17 36 14 38 39 26 income (%) __________ Sotirce: Restilts ol Socio-ecorionic survey ol PAPs. 2003 E. Land holding 19. Farmers LIsually hiave several plols of larid (up to six). The average agricultural land holding in the affected project area is ahotit 0.51 ha. Per capita agricultural land is 1135 m2. The average HH's land holding varies considerably from commune to commun1e (see Table 7). The majority of land is tjincler legal, long-terfim uiser righits. A small part of the affected landl is operated by temporary tisers. Fromi Ithese suirveyed figures on HH's average landholdings per capita it can be concltided that no HHs is losing more than 20% of tlheir land holding dtle to the subproject development, although the resulls derived from the presently available data of IOL presenting 144 HHs to be severely affected due to loss of more than 20% of arable land. It seems that the information on the total PAPs land holding provided by the IMC is not accurate. It rather indicates the total areas of the affected plc's than the total HH's holding. In most identified cases of severely a ffected f armers, the t otal H H land h olding is less than 1000 m2, even less than 500 m2. This needs to be checked carefully to identify more reliable level of impacts on PAPs to apply entitlements adequately to PAPs. Project "Water Resoorce Suppori - ViEtnRm' ComlponPlr 2. "Moziernizalion of Wlrnoaion Systenms Resettiement ACItaIn P?ar? for Ke Go Irrigalion System Moderni7attioI Suobproject (Ke Go RAP) Table 8: Average land holding (arable land) (m2) Care My Thach -Tc C;am Th Cam hac7Tah C Car) Total _ Xriin Rinlh Tlm'lfh Rinh I Vinh lhang | ,nh DOira,Ig average Fer capital I (m2I!erS) I . ;,,1 1111 1162 2 11)21 6-72 'J 1-11' Ii1 Average land holding(m2NHI4 1 5228 7604 7292 4136 6397 5808 2607 6344 2870 5093 Source: Resulls ol Socio-econorc suirvey ro PAPs. 2003 F. Living Conditions 20. All the surveyed communes have access road with asphalt surface and electricity. The rural road network is well developed wilh concrete. The social infrastruicture is available in al commuines: newly constructed primary schools, health care center, post and cultural office. The offices of CPC all are in rlood conditions or newly constructed. The most of HHs have semi-perma-ent, brick made hoLises. The local conditions of living are improving rapidly. 21. Otit of 102 PAJP stirvcy'ul, 9)9YX ,ll Il I; itse frI(r:1rir:ily frnr lighllirig, orlly 1 '/, ir;r: battery. All of them have own, ht.tt simple latrine toilet. 8 8% 1H Hs use water derived from eartlhen, and 16% use ptuinpin,r wells. The majority of the HHs surveyed (85%) has TV, 50% has radio or radio/cossels, but only 2 HI-Is has ri molorbike. G. Gender and Poverty Conditions 22. Regardless the fact that the living standards are improving and income levels of the local population has rapidly improved for the last decade with economic growth being accelerated thanks to the improved irrigation and introduction of new agricultural techniques, lhe ratio of HHs having per capita monthly income lower than 100,000 VND still is high (32% of the HHs surveyed). The reasons for poverty are: lack of labor and capital for investment, health problem, lack of experiences and production know-how, single HHs. The result of survey in the beneficiary area indicates no discrimination against women in term of access to education. The figures even show a higher level of education among women than among men. However, women still experience a harder HH-s workload than the mern do, and they usually suffer from the waterborne diseases. IV. LEGAL FRAMEWORK A. World Bank's resettlement Policy 23. The maini objective of WB's Policy on Ilvolunltary Resettletnemet is to ensure that PAPs should be assisted to improve their living standards, income level and income generating capacity, or at least would be as well off as without the project. This policy aims to avoid involuntary resettlement whenever feasible, to minimize resettlement where population displacement is Unavoidable. The policy stipulates that lack of legal certificate on land will not be an obstacle for a part of affected people to he entitled to compensation and rehabilitation The policy requires lhat compensation for all losses should be made at replacement cost, without depreciation and deduction of savage materials. Project WVaetr Resoirrc- Support - Vietoon," Cnmponennit ? '4orIPr(izaIion of mrir,otiin SYVtem` RestIlemPnf Artizon PItn to Ke Go Irfngalon Systenl Modeirvzatboo Stiubpiojecl (Ke Go RAP) B. Viet Nam Laws 1. Relevant Vietnamese Acts and Bylaws 24. In recent years, the Government has formtilated several ruiles and regulations to protect the interests of displaced persons. Relevant acts and bylaws that gove.n various aspects of land acquisition and reseltlement include: (i) The ConstituItion of the Socialist Republic of Vietnam, dated 15 Apr 1992. (ii) The Land Law. dated 14 JLIIY 1993, amended on 2 December 1998 (iii) Decree 87/CP, dated 17 August 1993, on the stipulation of the frame for the price of varioLus categories of land. (iv) Decree 64/CP. dated 27 September 1 993, on the distribution of agricultural land to households for long-term tuse. (v) Circular No.05-BXD/DT. dated 9 Febriuary 1993, on the classification of house types. (vi) Decree 22/CP, dated 24 April 1998, on compensation levels and other allowanices for laud(I amd structures recovered for the national and public intfrr.let (vii) Decree 17/CP. 4 May 2001, on Management andt Utilization of ODA. 2. Decree 221CP 25. In April 1998, the Government issued a major decree regarding compensation for land acquisition, Decree 22/CP on Compensation for Damage when the State Recovers Land for Use in National Defense, Security, and National and Public Interests. The Government has also issued guidelines for the implementation of this Decree (145/1998/TT- BTC). By issuing Decree 22/CP the Government: (i) added new stipulations to accommodate with the major changes in compensation unit prices, objects to be affected, assistance ievels. etc. in Viet Nam since 1993. Many of these stipulations have proven themselves appropriate with ,rngoing WR, ADR3 tnd rlnher donor-ftnded projects in Vietnam: (ii) provided general provisions for compensation processes and procedures to all organizations and individuals wh,o need to acquire land: and (iii) assigned. in detail, thr respnwrisihilities nf tlhe governmilent agencies concerned in implementing the Decree. 26. Generally, Decree CP/22 meets the objectives of WB's policy on involuntary resettlement, however, some discrepancies can he found regarding the compensation of PAPs without legal rights. Table 9 presents thie main areas of discrepancy. Table 9: Discrepancies Between Decree 221CP and WB Policy Decree 22/CP WB Policy = Project Polcy = 1 Article 7: Any person whose land is The absence of lormal legal All project affected people. recovered and who has not met one of title to land by some affected irrespective of lenure status, social the conditions of Arlicle 6, or who has groLips shouild not nre. enl or economic stanidirig, will be entitled violated the plan. or who violates the compensationi to he compensation or assistance for I protecting corridor work. or who itlegally Ihetr lost assetS. incomes. and occuipies land shall not receive buisiniesses at tutI reptacement cosi comnpensation when the state recovers and provided wilh rehabilitation the land In case ofi necessity. the measures sutlicielt to assist thiem to I Provinnial People's Commitlee shall inrnve or at least restore their pre- coniider and decide on a case-by-case project living staiclards. income hasis | I levels ariid r)1rtluive cap-city 12 Protject "W,ter Resoutrce Suppoit - ViOtnam" Component 2 "Modeiniza tion of irrroaliric SySvem;" Resentlerent Achton Plan for Ke Go Irrigation System Modetnization, Subprojecf (Ke Go RAP) Decree 22/CP WB Policy Project Policy Article 8: The compensation rates shall Compeisate all affecied Replacement cost surveys have be determined on the basis of local persons. incliiding those been carried out and will be carried prices for land issued according lo the WithouLt title to land. for all their ouit by the project sta.f to ensure that provisions of the Government. annd then Insses ,t roplartcmenl rates rroject rates fnr all categories of lnss nmultiplied by a coefficient to ensure ttie will he equivalenl to replacement compatibility of the compensation with1 cost at cLirrent market value to be the profitability and the price of the updated at the time of compensation assignment of the land use right in Ihe community _____ Article 17: The total maximum level of Compensatre all affected Puill compensationi at replacement coriipensation shall not exceed 100% persons. Including those cost will be paid for all affected and Ihe minimum level shall not be without title lo land. foI all their structures withotit any deductions for tower than 60% of the value of the losses at replacement rates. salvageable materials or house or construcLtion, priced according depreciation. to the construction price for new buildings with technical standards equivalent to Ithe affected Article 18 People withouit legal lermiit of All orrij ct aftected persons Full compensalion at rent acement construcLtion shall only receive 80% in will be entitled to cost for alf Project affected structtires compensation in imil citeas or id 7M)Y. in. t riirs:r t nil irires pective ot iiresiecl ive iof legal erritilernenl irban area People. wthn viol tat ;,nninrl tthn IlmIA -tatiir, in hoth iirrtl rrirŽa will lccilve 1in coiiil.eiisatllii 11d rdt ri 111diti FlilmU S illegal construction shall he forced lo dismantle it. V. COMPENSATION POLICY A. Objectives for Resettlement 27. The objectives of the Vietnamese legislation governing the resettlement and rehabilitation of displaced persons and of WB's policy concerning involtntary resettlement have been adapted for the preparation of this RAP for the Ke Go Irrigation System Modernization Subproject. They are set out below. An entitlement matrix is shown in Appendix 1. The policies and principles adnpted for the Project stopersede the provisions of relevant Governement decrees currently in force in Vietnam wherever a gap exists between WB's Policy on Involuntary Resettlement and Vietnamese law. 28. The main objective of the Resettlemient Plan is to ensure that popijlations affected by the Project should be at least as well-off, if not better-off, thani they would have been without the P roject. A ffected p opulalions shotild hb a ble to m aintain a nd p referably improve their standard of living and quality of lite. 1. Minimize the Adverse Impacts from the Project 29. Considerable attentiotn has been directed, during the Project's technical design stage and throLigh modifications to various design parameters, to minimiiizinlg adverse impacts as well as the number of households that wotild be severely affected due to the loss of agricultural land. Related actions are the following: (i) Alternative options with modification of technical design have been taken into consideration to avoid or reduce permanent land acquisition wherever possible. (ii) All the canals will be lined on ttiat side of canals where the less of land cLlrrently in Ltse woLtld be aitecled. (iii) The timenr of c.losing wantor for civil works wil' b? i);,)dsel oi t AP',' recommenldation, which cormrspruit-I lo their neecds n rnl cilivrition calendar P'oc Vl '"Water Resotlrce Suppoll - V/e,trinai Component 2 AModeinl7alion of /Ira,otio:i Systnems Re 2e teeniet 4 (inn Pl/n to, Ke Go Irrigation System Modernization Subptoject (Ke Go RAP) 2. Compensation and Assistance 30. Compensation and assistarice will be provided to ensure that the economic and social conditions of the PAP are at least as favorable as they were in absence of the Project. The compensation policy. which encompasses compensation for all affected assets, along with rehabilitation measures as suggested in this RAP, will ensure that all PAP are able to. at minimum, restore their income, standard of living, and productive capacities to pre-project levels. Specific measures to ensure restoration of incomes and living standards of PAP includes compensation for lost assets based on: (i) Land-for-land of equivalent productive capacity and at a location suitable and acceptable to the PAP, or (ii) at the request of an PAP. who has been informed regarding the options, cash for land or a combination of the two. 3. Compensation at Replacement Cost 31. Compenisation for all types of affecte(d assets, includingcl residential and commercial struictuires as well as standing crops anm trres, will he pairt at replaceiment cost. Cnmpnnsrition for nffnclr>te lind will h) fii;idl( e!illier in) the lorli of a tr;ufi. lmld-for-ltarfl of equal productive capacity at a location acceptable to the PAP, or at the specific request of the PAP, in cash at replacement cost to ensure that PAP can restore their income generating capacity and income levels. 4. Community Participation and Consultation 32. The preparation and implementation of tthe RAP is to be carried out with the full participation of, and in consultation with, the affected households and their representatives. Intensive public consultations have been carried out in the preparation of the RAP. Ten group interviews were conducted at commune level in the project areas to inform local populations and to identify their needs and requirements. In addition, four resettlement group interviews were conducted in the project pilot communes in order to collect data on (i) vulnerable groups which may be adversely affectecl by the Project, (ii) resettlement preferences of affected families, (iii) measures to reduce impacts, and (iv) adequacy of compenisation prices issued by the provinces. Further public consultations will be carried out durinig the implementation stage withi a focuis on specific activities including assessment of compensation, acquisition of land, andl design of rehabilitation assistance planning. The Public Informationi Campaign ancr C onsultation P rogram i s d escribed in Chapter 7 o f t his RAP. The PAP will also have well defined avenues for redressing their grievances as described in Chapter 7. B. Principles of Resettlement 33. The following basic principles have been adopted for the Project: (i) The populations affected by the Project are defined as those who may stand to lose, as a consequenice of the Project, all or part of physical and nonphysical assets. including homes, homies uads, productive lands, commercial properties, tenancy. income-earning oppor-tunities, social and cultural activities and relationships, and other losses that may be identified durinig the process of resettlement planning. (ii) Involuntary resettlement will be minfimized by identifying possible alternative project designs. and appropriate social. economir.. operational and engineering solutions thai have the least impact on populations in the project area. I4 ProJect 'Wal'e, RCsor,tic:u S rpJpo/I - ViCt, orm'i Co>mJpurrrIt 2 MoOe,n,zatlon of Itmrrlorxltr SvY rolrs' Resetilement 4 c-ton Plh,, for Ke Go Irrioation System Modernmzation Subliproject (Ke Go RAP) (iii) The cut-off date for compensation eligibility for physical assets affected due to rehabilitation, upgrading of existing and construction of new, so far missed of the system. canals/irrigation works will be the date of completion of the detailed measurement survey and census after detailed technical design will be completed for these components. (iv) A census and detailed measturement survey and baseline socioeconomic suirvey will be carried ouit for all suLbproject components after detailed design of each and in updating of the RAP. (v) Alt PAP will be entitled to be compensated for t heir lost land a nd s tanding crops/trees at fuill replacement cost to assist them to improve or at least restore their pre-project living standards, incomen levels, and prodtirtive capacity. (vi) All affectecd populations will be equally eligible for comperisation and rehabilitation assistance, irrespective of tenure status, social or economic stanidiig, an d any such factors that m ay d iscriminate against a chieving the objectives otillineci above. (vii) Preparation of the RAP and its implementation is to be carried out with the full participation of affected people. PAP comments and suggestions will be duly taken into account during the clesign and implementation phases of the resettlement plans. (viii) Adequate budgetary support will he fully committed and be made available to cover the costs of land acquisition and resettlemenit and rehabilitation within the agreed implementation period. (ix) WB shall not approve of any civil works contract for any subproject to be financed from the loan proceeds unless the Government has completed satisfactorily and in accordance with the approved RAP for that subproject compensation payment and ensuired rehabilitation assistance is in place prior to obtaining possession and rights to the land. (x) The cletailed RAP for implernentation will be translated into the local language arid placed in project anrd comrini-ine offices for the reference of affected people as well as any interested groups. (xi) Appropriate reporting, monitoring anid evaluationi mechanisms will be identified and set in place as part of the resettlement management system. Evaluation of thie land acqtuisition process and the final outcome will be conducted indepencdent of the executing agency. C. Compensation Policy for Loss of Land 34. The Project will acquire sonie lan(d acqtuisitions. There are two types of land use rights found in the project affected area: permanent or leagizable and temporary land use rights. Below are set ouIt principles of compensation: 1. Land Users with Permanent or Legal Use Rights 35. For arable land that will be permanently affected, the PAPs will be entitled as follows: (i) Marginally affected PAP. PAP with losses less than or eclual to 20% of their total agrictilti rat landholdingjs. will he entitled to cash coropenpation for c.rops and trees at market prices. AND cash compensation for acquired larci at 100% of replacement cost. (ii) Severely affected PAP. PAP witth losses of morc than 20% of their total agriculttiral landholrdinIs, will he entitled to cash cnmpensatinn for crops and trees at niarket prices AND first priority for land-for-lancl of equivalent produIctive capacity at a location acceptable to the PAP or. if ieqruested, cash conipensation for the lost land at 100(% of replacement cost AND rehabilitationi assistance (skills Iraining for one family rnember in a ceirrent or new Pioject "Water Resource Suppoil - V,etnat' Component 2 Modrlerniztion of lImoalson Svstenms Resettlement Action Plan fct Ke Go liiigationi Systemii Modelnizatfon Subproject (Ke Go RAP) occupation and a training allowance. provision of agricultural extension services to increase the prodLctivity of remaining land, and priority for project- related job opportunities. 2. Land Users With Temporary or Leased Rights to Use Land 36. For arable land will be permanently affected, the PAPs having Temnporary or Leased Rights will be entitled as follows: (i) PAP are marginally affected: PAP with losses less than or eq(ual to 20% of their tolal prodticti' e crpacily will be entitledl to cash cornmpensation for acqruire(1 laud equjivalent to 30% of lancl replacement cost: AND cash compenisation for loss of crops and trees at full market prices: (ii) Severely affected PAP: PAP withi losses of imore thian 200$ of their total prodtictive capacity, will he entitled to cash compensation for crops and trees at market prices, AND first priority for land-for-land equal to 30% of affected area of equivalenit productivity at a location acceptable to PAP. or, if requested, cash compensation for the lost land corresponding to 30n of replacement cost. For poor and vulnerable, including landless, PAPs, who prefer to continue farming but have land less than of a standard size provided by Decree 64/CP, the local authority to assist them to obtain land of area equal to minimal standard size, with permanent land use right, OR training rehabilitation measures, including job training and training allowance for its working member/s if no land available for provision; 3. Land Users Without Permanent or Legal Rights to Use Land 37. Households occupying and uising land without permission from-n the commtjne will he entitled to coml)enlsalion for crops arid trees at 100% of nmarket prices. They will not be compensated for laricn but will receive assistance corresponding to the investiment in the land 38. For poor and vulinerable farmiers affected who are lanciless and have not been allocated land before will he entitlecl to: (i) assistance by local authority to obtain land of an area equal to the minimum stanclard size, with full legal title to the land, and/or (ii) transition assistance a nd rehabilitation m easures. i ncluding s ocial assistance allowance, job training and training allowance for its working member(s) if no land available for provision: 4. Loss of Standing Crops and Trees 39. For annual standing crops, compensation will be paid to householcds who cultivate the land according to the full market value of the affected crops, regardless of the legal status of the land. For perennial plants, comnpensationi will be paid according to thle full nmarket value of the affected plants, regardless of the legal status of the land. If the plants are not yet ready for harvest, compensation will inclide the total cost of initial investment and care until the time of the land acquisition. In case perennial plants can only he harvested once, compensation will be paid for the total cost of investments ancd care calculatecd until the time of the land acquisitionl. Compenisationi will be in cash. 5. Loss of Residential Land 40. There are no structures on thio affcte(d residential lanr, and PAPs will he entilled to compensation in cash at 100% of the replacement cost of the- affected lanld. Project "Water Resource Stipport - Vietnam Component 2 "Modernization of Irrigation Systems". Reststtlernent Acilori P/ran for Ke Go /luiyation System Mociemization Subproject (Ke Go RAP) 6. Secondary PAPs 41. This applies to those affected by accirrired areas nenderl for constrtiction or for individual resettlement or grouLp resettlement sites. Because all secondary PAP are likely to be affecled tihrouighl loss of aiciricillural laud. lthcy will be ertitled to corripernsatiori arid rehahilitation assistance in n-.cor(-.nrce willh the srrrue provisions for Mll other PAP. D. Compensation Policy for Structures 1. Loss of Graves 43. The level of compensation for the removal of graves will be for all costs of excavation, relocation, and reburial. Compensation in cash will be paid to each affected family. E. Temporary Impact During Construction 44. Under their contract specifications, the contractors will be reqtuired to take extreme care to avoid damaging property duiring their construction activities. Where damages do occtur. the contractor will be required to pay compensation immerdiately to affected families, groups, comrnminities. or government agencies at thie same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored inimediately to its forner coniditionl. 45. For arable land that will be temporary affected, all PAPs are entitled to comnpensation for loss of crops aicl trees at market prices, AND compensation lor loss of net income from subsequent crops that cannot be planted for thc duration of project temporary u se; A ND restoration of land to its previous or better quality by providing measures to irnprove land quality in cases of land being adversely affected or acidified, AND if duration of temporary land use is equal or exceeds two years. then thie PAPs are compensated as for permanent loss of land. F. Allowances During the Transition Period 46. The following allowance amounts are indicative only. At the time of compensation, allowances will be adjusted to account for inflation. For severely affected farmer HHs, rehabilitation assistance of amount not least than VND 3,000,000 per HH will be given. The concrete form of assistance to the farmers will be precisely identified in the project implementation stage through investigation anid interisive consuiltation with the entitled PAP to ensure adequacy arid effectiveness of rehabilitation assistance in meeting with actual needs of PAP. In may be in form of traininc pIlns training subsistence allowance or in cash which combined with relevant technical assistance. In addition. HHs having special social support will hle provi(ledl will; ) ;puci;nt s;ocil a1 c;Gisltalrc tiot lss ItaII<_ V ND 1 .000.000 to rehabilitate their living standards. VI. INSTITUTIONS INVOLVED IN RESETTLEMENT A. General Organization 47. The iniplementation of resettlenient activities requires the involvement of agencies at the national. provincial, district and contimune level. Under thle responsibility of MARD. resettlement comniittees shall be established at the provincial and district level according to the provision of Decree CP 22/1998. The provisions and policies of the RAP will form the legal basis for the implementation of resettlement activities for the Ke Go subproject. Promecf XWalW f Resc,lfr Scipporl - Vrolr1mn Conpnn ri - Modfw,i7.,ir,cn of (,ropifirin RsP'srhi'n-W 1,0i9r. PI;, I(, He Go IruigaWto,i Sysremi Modernizration SobljroJ-le (Ke Go RAP) B. Ministry of Agriculttire and Rtiral Development 48. MARD is responsible for [lie realization ot the VWRAP Project, on behalf ot tthe Government. A Ceniral Project Management Office (PMO) will he established in MARD. at MARD's Department, which is re5spourirhl(lc l( M;irim( nmnliift ;rimrl M)rr,iotrt _jr)F I lydroijr: works. The PMO has responsibilities for o veratl project management and implementation. For each VWRAP Subproject will be established a Provincial Project Management Unil (PMMU) or a Subproject Implementation Unit (S10). The PMO wilh the PPMUlSIOs will in coordination with relevant agencies, manage and supervise the overall Project including resettlement activities and land acquisition. Stuccessful ujpdating and implementation of the RAPs will require close coordination hetween MARD and other ministries and agencies as well as between PMO. implementing agencies. and all local resettlement committees. Resettlement capacity will be established within the PMO to coordinate all resettlement activities with full-time assistance of consultants. Similar capacity will be established within the implementing agencies to implement resetliement for each suLbproject. The consultants will provide technical assistance to strengthen the social capacity within the PMO and implementing agencies. The PMO, with assistance of the consultants, will lake overall responsibility as follows: (i) Providing overrll planining, conri-inalion, and sqipirvisinn of Ilte resettirnnint program. (ii) Guliding implementing agenicies in ujpdating ancl/or preparing RAPs and implementing resrttlemr-ent activilies in accordancc withi tihe Policy Framework and the approved RAP; and if any mistakes or shortcomings are identified throughi internal and/or external monitoring of RAP implementation, ensure that the objectives of the RAPs are being met. (iii) Finalizing RAPs and obtaining Government arid WB approval before implementing approved RAPs. (iv) Coordinating completed implementation of approved RAPs for each component with lhe award of civil works contracts for each component. (v) Providing resettlement training to implementing agenicies, all PPMIU/SiO staff and RCs at all levels, and to tile external monitoring organization. (vi) Providing the budget for resettlement activities. (vii) Establishing standard procedLures for information campaigns and stakeholder consultation suIch as monthly newsletters tn commntnities on project activities. (viii) Providing coordinationi with otther components and various agencies involved in resettlemenit plannig an'id inmplementation. (ix) Establishing liaison merhanisms to ensure proper technical and logistical support to implementing agencies and RCs. (x) Establishing standlarrlized PAP databases for eacti component. as well as for the Project as a whole. (xi) Establisling procedLrres for ongoinig internal mionitoring and review of project level progress reports and for tracking compliance to project policies. (xii) Establishing procedtires for monitoring coordination between contractors and local communities and for ensuiring prompt identification and compenisation of impacts to ptublic and private assets during constriuction. (xiii) Recruiting, suipervising, and acting uLpon lhe recommendations of the external monitoring organizalioni. (xiv) Establishing procedtires for the pronipt iriplenientation of corrective actions and the resolution of grievances. (xv) Reporting periodically on resettlemer' activities to the WB. C. Provincial People's Committee 19. The PPC is thie prirnipl;rl rhffrirv A li ,h pravincia7 lnvOl. 7rhr l:i l in!h PP(r rc^sponsib}l lorr seltingl mi) ;m(ll (ii7e f tifim .i , (,milr (l if *r,mpellesrllion. "'hIichl v.Iff }X{] r.;f111~ rih,,- Project "Walter ResojrCe SVVpCrn - Vielnam` Ccrnponpnl 2 WModernmzfion of lmpition Systems". Resettlemeni Artioo Plpn for Ke Go Irrrgtion Sy-stem Modernization Sutprojeci (Ke Go RAP) Provincial Resettlemeit Commiltee (PRC). The PPC is aiso responsible for reviewinr aridc approving the RAP. The PPC is responsible for the final decision on compensation unit costs, subsidies, allowances. and supportinig policies for PAP and vulnerable affected groups. in accordance with this RAP. The PPC is responsihie for thp approval of pronect iand aicqtiisitionl. n Tiiliu Pr is (fls() w uIn-h0iti0tut f irq; i i flu ! hm uv)ordirialinti b(r-lwferi1 h related institutions and provincial departments for the implementation of the RAP, and to execute compensation and resettlement plans effectively. D. District People's Committee 50. The District People Committees are responsible for identification of land and struclure legality, and appointing members of the DRC and assigning functional tasks for the DRC. E. Implementing Agency 1. Ke Go Subproject Implementation Unit (Ke Go PPMU) 51. Ke Go PPMU will be responsible for implementing this RAP. Responsibilities will include the following: (i) Preparation. ililplemelitation, afId rioniloring of RAP. (ii) Guiding the resettlement cormmittees at all levels in implementing the approved RAP and implementing resettlement activities in accordance wilh the resettlement policies specified in tihe RAP. If any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation. ensuiring they are addressed so that the objectives of the RAP are met: ensuring proper technical and logistical support to the Ha Tinh's and its districts RCs. (iii) Guiding and supervising the RCs while they carry out the Land Acquisition and Census Survey (LAS) to idenlify exactly the number of affected households and the extent of losses to be compensated, guliding local RCs in following compensation entitlements and procedures as defined in the approved RAP, and submitting compensation/ assistance costs for approval. (iv) Implementing information campaigns and stakeholder consultation in accordance withi established project guidelines, supervising the comPensation payment process andc the implementation of the RAP, and redressing grievances concerning resettlement activities in collaboration with RCs. (v) Coordinating with other line agencies to ensure delivery of mitigation and sutpport iniiensiros. (vi) Providing inconme restoration and other social support Linder the Rehabilitation Assistance Proclrami. (vii) Implementing estahhlshed pror.cdures for internal mornitoring, establishing and mainitaining a PAP databases for each subproject in accordance with established project procedures and providing regular reports to the PMO and all data to the externat moenitorinig organization. (viii) Implementing prompt corrective actions in response to internal and external monitoring. and resolutio n of grievances. (ix) Coordinating project-related employment for PAP (consulting contractors about emptoyment opportunities for local people, informing PAP about opportunities and how to avail of the opportunities). (x) Implementing established project procedures for monitoring coordination between contractors andr local communities and for ensuring pronipt identification and compensation of impacts to pLthlic and private assets during construction. PItoj'c I lict RoNo,/ (' S ll t VwN m ,'ii Com)i mcf .' 'Al ulemhfo roltio of I,f,tg;1h(oi Sy0t ?r?T fesetlif riii1 Acticn PRla o rn Ke Go Irrigatiot' SySfenl Moderem7,aron Sub;pcnyct (tRo Gn RAP) 2. Provincial Resettlement Committee 52. The PRC of Ha Tinh will be responsible for (i) implementing, on behalf of PMO, all resettlement activities within the provincial territory under the PPC's management. and signing conlracts for the implementation of some resettlement components: (ii) establishing and strengthening resettlement committees at district and commuine levels: (ii) guiding all resettlement activities of provinces, districts and communes in accordiance witlh thle project policies and (lirectives: (iii) establishing complelnsaliont rnir lprices for land anrl sid mtires itn collaboralion with other provincial departmnents; setling up procedures for land acquisition and allocation and submitting them to the PPC for approval: coordinating, suLpervising. an co nitoiiorinrg tie impleinentatiorn of resettlernent activities in the province; (iv) issLuing guidelines abotit resettlement activities within their power, namely: (a) compensation prices for land, structtures, erops. etc. (b) identification of land and struictire legality: (c) procediures of larid acquisition and allocation; ancl (d) approval of compensation charts for PAPs and affected public facilities, etc.: (v) directing and monitoring the DMS process, finalizing compenlsation forms. preparing compensation charts to stibmit lo the PPC for approval; (vi) accepting and handing over the sites to the implementing agencies: and (vii) cooperating fUlly with the external monitoring organization. 3. District Resettlement Committees (DRCs) 53. The DRCs will be responsible for (i) planniniig and impleiletilicj, ont behalf of thie Dislirrt People's Committees, all resettlemenit activities in their cfistricts under the direct professional guidance of the PRC. It authorized by the P PC to be completely responsible for t he resettlement aclivities in the clistrict in the case that the PRC will not be established, lihe DRC will play Ihe same role as the PRC; (ii) planning and implementing all resettlement activities in Ihe district; (iii) finding adequate land for inicdividual relocations; (iv) being responsible for LAS, finalizing compensation forms, preparing compensation charts to suibmit to the PRC, and paying compensation directly to each AP after receiving the funds: (v) establishing inspectors to redress PAPs grievances on resettlement policies and entillements; (vi) establishing, if necessary, commune resettlement committees (CRC) and directing their operations during the implementation of the resettlement activities; (vii) cooperating fully with the external monitoring organizationi. F. Agency Responsible for External Monitoring 54. One agency speciali;tl in Ilnp social scien(-n.s mu5st be irlentifiedt in ordor to carry miln socioeconomic stirveys, nininilolrig. armrl fvwiluatiou of RAP implementation for the Project. They will suibnmit periodic reports on thie implementation progress and make recommienidations regardinc the issuies identified. The terms of reference and methodology for nonitorinig are lpresentecd in Section 10. 20 Project "Water Resourrce Support - Vmentnn71 Co01in1j (tL "A'fo(odpirwat(,on nf Ittigatin SYs(enis" RpesPIletrtwnt Action Platn fr Ke Go Irrigation System Modernization Subploject (Ke Go RAP) G. Staff and Training 55. One full-time specialized resettlement stafi will be recruited for each PPMU/SIO. The PMO and the consultant teamii will assist in fhilfillirig/perforning thileir resettlement responsihilities. These people shliol(i have ick rotu(n on sociail scirnces or anthropology. Compilter s kills. g ood experiences or will be trained on resettlement issues, preferably be proficiency in spokern and written English. Depending on the scale of resettlement impacts of each subproject, a full time or part time resettlement staff will be required for local resettlement institutions. 56. As Ha Tinh suproject poses both marginal and severe resettlement imp2cts on PAP and involves three different of district level units, namely Ha Tinh town, Thach Ha and Cam Xuyen d istricts, t here will be needed a resettlement council at provincial level, ie Ha Tinh PRC, to ensure implementation of a unified resettlement policy throughout project affected areas. This PRC will focus in assisting the PPC on decision-making of the issues re 3ted to subproject's resettlement policy and problems arising under Khanh Hoa PPC competence and within its administrative boundaries. At town and district level, there will be established town and District RCs, which will he the implementation bodies responsible for implementation of day-to-day resc`tllcnucrul 1ctiyifios within lltir district's bOuucdaries and aulhorization. 57. All full time and part time staff ancd decision making involved in project resettlement implementation will be trainet on Ilte WB's and( GOV project's resettlemenl policy, methocds of public consultation, negotiation etc. Specitic resettlement skills training will be provided to numerators, implemenitationi staff in resettlement implementatiorn procedures, techniques, unified DMS forms, and management of the PAPs database. VIl. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations During Preparation of Resettlement Plan 1. Public Information During RAP Preparation 58. The consultant provided information about the Project regularly. Actions taken were as follows: (i) Group interview surveys were conduLcted in 4 communes affectecd by Phase 1 project activities. Specific resettlement grouIp interviews with affected persons were also conducted. In addition. stakeholder meetings have been organized at tlie provincial level withi i ia -rin,h rrrc I In Tirtft lown's ancl Carn Xtryen anrd Thacl H -t Disirict's Pcuoplt Commtittees, H-la Tihli DARD, IMC. (ii) A Socio-Eonomnic HHs surveys were conducted both for the benefited and. specifically, affected areas of the Ke Go Suihproject. The grouip interview surveys were concluced in 4 affected communes of the project pilot area. The surveys cornbiried have provided useful socioeconomic information on agricultuire, socioeconomic, cIltural, etc. Each meeting involved fromn 7 to 30 persons. The majority of these persons were farmers from the different villages in the communes. Representatives of local farmer groups and other organizations, as well as officials from municipal and district levels attended the meetings. Women were also represented in common meetings and also discussed in separate groups. The HHs questionnaire surveys were conducted in 2002 and 2003. ancl the group interview surveys were conducted in April 2003. (iii) Specific resettleent d.roinip interviews with affected persons vere rcondltirterl il) ttie tour 1 entlitO ild (tut t it itw s 1(1-3(0 persots I ol(ftfl Inilly ;iI'r(Ati( hy hii! 21 Pro/ect 'Walter Resour:e Supnod - Vletnarmn' Cornlfoeilf 2 "Mor`er niZiplo, of Irrigntiorr SVsimn.s' Resertt/ment Act,oro Pxt l,c' Ke Go Irrigation Syslemn Modernization Suhpriqect (Ke Go RAP) project attended these meetings. This suirvey, conducted in April 2003. was designed to collect data on: (a) vulnerable groups which may be adversely affected by the Project. (b) resettlement preferences of affected families. (c) measuires to reduce impacts, and (d) adequacy of compensation prices issued hN ihe .prnvincos {iv; A stakeholder rmeetiicJ withi Ha Tinh PPC also Incusecl on resettlement issues, on possibility and coimmlitment of the PPC to follow a project's approved resettlement policy, which reflecting the WB's and GOV resettlement objectives and principles. (v) In addition, affected households preferences regarding resettlement and relocation were investigated through socioeconomic surveys (300 questionnaires). 2. Objectives of Public Information and Consultation 59. Information dissemination to, in conslttation with and with the participation ofr affected persons and involved agencies will reduce the potentlial for con flicts and minimiiize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program lo suit the needs and priorities of the affected people, therehy niaxityiizing thie economic and social benefits of investments. The objectives of the public information campaign and PAP consultation program are as follows: (i) To ensuire that local authorities as well as representatives of PAPs will he included in the planning and decision-making processes. The PMO and the PPMU/SIO in Ke Go will continue a dialogue with the Provincial People's Committee and the Disirict People's Committee during Project implementation. PAP involvement in inmplementation will be continued thereafter by requecting each district to invite PAP representatives to take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP, as well as information about their reactions to proposed policies anrd activilies. (iv) To ensure that PAP are able to make fully informed decisions that will directly affect their income and living standards, and that they will have the opportunity to participate in activities and decision-making about issuLes that will directly affect them. (v) To obtain the cooperation and parlicipation of tihe PAPs and communities in activities necessary fnr resotffloment planning inrl implementalion. (vi) To ensure transparency in all activities related to land acquisition, resettlement and rehabilitationi. B. Consultations Proposed During Implementation 1. Information Dissemination and Rehabilitation 60. During project implemenitation. the implementing agency responsible for resettlement (Ke Go PPMU), assisted by the project consultants, will undertake the following: (i) Provide information to resettlement committees at all levels throi igh trainiig workshops. Detailed information on project policies and implementation procedures will be provicled- (ii) Conduct information dissemiination and consullation for all PAPs IhrougJhotJt the life of lhe Pmnjr*ul ,,2 Project "Water Resource Support - Vfetnani` Coniporiepn 2 "Modemizat,on of Ir9galioo Syslemsn. Resettlerrenl Action PIan for Ke Go Irrmpation Systern Modrerr;717llon Suthltrolcct (Kr Go RArP) (iii) Update or establish provincial unit prices, and confirm I and a cquisition and impact on properties through the DMS. (iv) The PRC/DRC will then apply prices, calculate compensation entitlements, and complete the Assets Compensation Forms for each affected household. inforniatiorn on entillements will then he presentedi on an individcual basis to PAP in the Land Acquisitioni andc Census Survey follow-up visit to each- household. (v) The Asset Compensation Form, showing the household's affected assets and compensation entitlement will then need to be signed by the PAPs to indicate their agreement with the assessment. Any complaints the PAPs have about the contenits of thie formi will be recorded at this time. (vi) Constiltation regarding PAPs preferred rehabilitation assistance program. This applies to severely affected and vulnerable PAPs. The social support team will inform PAPs of their rntitlement to rehabilitation assistance under the Rehabilitation Assistance Program, before asking them to indicate their preferences. 2. Public Meetings 61. Prior to the beginning of the detailed design, a public meeting will be held in each hamlet to provide PAPs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected hamlet. A letter of invitation will be sent to all PAPs after thie LAS has been completed at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to clate and to provide PAPs with the opportunity to disutiss isstues of concern and obtain clarification. In addition to a letter informing thie PAPs, other means will be used to inform PAPs and the general public such as posters in promiinent locations in the communes and districts where PAPs currently reside: radio, television, and newspaper announcements. The letter and notices will advise the time and location of the rneeting, and who can attend. Both men and women from affected houselholds will be encouraged to attend, as well as other interested community members. The meeting will explain the Project, and households' rights and entitlements, and there will be opportunities to ask questions. Such meetings will be conducted periodically during the life of thie Project. 62. Relevant infori,ation will be given to the PAPs at the meetings (verhally, graphically, and on printed information slheets). Extra copies of the printed information sheets will be available at municipal and district offices throughouit the project area. The meetings will follow the following format: (i) Explanations given verbally andl in visual format, including written information and drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will he provided for PAPs to respondl with questions and comments. PAPs will he ennotiraged to contributte their irleas for PAP rehabilitation options. (iii) The DRC will establish a coimplete list of all PAPs present at the meetings. (iv) The DRC will make a complete record of all cluLestions. comnments. opirnionrs. and decisions that arise duijrinrg tIle information/consultation nmeetings, nrid present a report of all the meetings to the SIO. 63. Information about the following will be given to the PAP: (i) Project components. This includes thie places where they can obtain more detailed information about the project. Pwject 'Water Rescffnep Suppoil - OuInrin' Componenl 2 'A4cdrtnin,7r1fnf, of Imaphoor Sv.ft'm, Rospflle'ent Action POn, 1c, Ke Go Irrgation System Modernization Subo'ojecf (Ke Go RAP) (ii) Project impacts. Imrpcts on thie en prie livimm(; r d workinrj inf Ihn ; ffr,r(irl areas of the project includinig explanations ahout the need for land acquiisition for the reservoir, the canal network, andc other project components. (iii) PAP rights and entitlements. These will he (lefined for PAP (with the cut-off dale). The righits anrd entitlemenrts for diffnrent caternrips nf PAP. inr.liring t Ihe entitlemilenits for those losing businesses, jobs and income. Options for land- for-land and cash. Options regarding reorganizing and individual resettlement. and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance (iv) Grievance mechanism and the appeal process. PAP will be informed that project policies and procedures are designed to ensure their pre-project living standards are restored. PAP wilt also be informed that if there is any confusion or misuinderstanding abouit any aspect of the project, the comniiLne or district resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compensation, resettlenient, and rehabilitation process. including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. PAP will receive an explanation about how to access grievance redress procedUres. (v) Right to participate and be consuilted. The PAP will he informied about their right to participate in the planning and implementation of the resettlement process. The PAP will be represented on commune resettlement committees, and the representative for the PAP will be present whenever commune/ clistrict/provincial comiilittees imeet to ensure their participationi in all aspects of the project. PAP will be consulted about the training and training preferences in current or new ocCupations for all PAP whose income levels and living standards are adversely affected duLe to loss of agricultural land or other assets. (vi) Resettlement activities. PAP will be given an explanation regarding compensation calculationis and compensation payments, monitoring procedures (which will include interviews with a sample of PAP), and preliminary information about physical works procedures. (vii) Organizational responsibilities. PAP wiil be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the Government officials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. P AP will receive t he p roposed s chedule for the main resettlement au:livilihs ai n( inforrnied Ithil physical works will start only after the completion of all resettlement activities and clearance from the project area. It will h(. clarilired Iliat llit:y will b.te expected to move only after fu ll paymenl of compeusalion for tIleir lost assets has beer) a located t o t hero. Implementation schedules and charts will be provided to resettlement committees at all levels. 3. Compensation and Rehabilitation 64. A letter of not;ication will be sent to each PAP with the time. location. and procedure for receiving compensation payment. Severely affected and vilnerable PAPs will be personally contacted to confirm thieir preferences for rehabilitation assistance to take necessary actions to respond to their specific needs. 4. Putblic Information Booklet (PIB) 6l5 To ensure that PAP, Ilfii f rmdmft;ftiiIs. .fm(l Il1e lov.anl 9/Ylerfirlmft ifi f IIIar.trA HlOm.m: {flilly mlndteslolfd III(,, Itijl,il:. ( 111/: p::.:llf'tlff:ml lOyrmil mf. anmld t hlm l l Ife fff tffmfmjld -' , ..: ". Di:n- V \ .e line 'n ':'cni; :: ' j,r; 'za,',on ol /mnqaN,1v SystemS-. Reesett/lenm(; AcI/Ln Pfinif tcli t s .; @ .... ., '; L .'.o- t.:.n,&r- S.imr ''t-,e..- ;r&i G. CA-PI aaoout `he compens.-ion anr; rehalhilitation packages applic-ifble to the Project. a Public or,ormation Booklet (PiS) will hbe prepared by thie PMO, in consuiltation withi WB. This booklet will be distributed to all PAP in the project area before DMS. General contents of the PIB will nilude tihe f-.. - DrtaF escrption of the Prolecc, Implementation ScIledle, Project Impacts. ,ntitlements and Rights of PAP, Resettlement ancl Rehabilitation Policies for All Types of impacts, instittitions Responsible for Reseillernent, Information Dissemination lo and Consultations wilh Project Affecte(l People, What To Do i[ PAP Have a Question or a Problem, Grievance Pror.ediure, ancl Independent Monitoring. 5. DisclosuLIrl oi.. tiln adciitionl to dicsclosure to at'lectucd pHc,Qole runci com-miunities, this RAP or a suimmafry will biv ciisplayecr at public placxe such as at the PMO, Klianh Hoa PPMU (SlO). local provictal anld district RCs. Provii iciali iliorniaioeu Center to disseniriate information about ihe Project to all inlerested parties/siakeholdlers. C,.. Grievance Rcdress Procedure 67 in order to ensure that PAP grievances and complaints on any aspect of land acquisition, comnpensation, and resettlement are addressed in a timely and satisfactory manner a grievance redress nmechaniism needs to be established. SuIChI a mechanism will ensure that all possible avenues are available to PAP to air their grievances and that thery are well definec. It is also important thial all PAP become aware o.f the established procedures for the proposed grievance redress mechanism. The detailed procedures for both rerdressing grievances and the appeal process will be publicized amnong all PAPs throuLgh an etfecive public information campaign. The grievatice redress mechanism ancd the appeal procedures will also be explained in the pLublic informationi booklet distributed to all PAPs. 1. Contenits of Grievances 68. PAPs can lodger their comlints reoqairring any aspect of comprensation entitlenient. corn i.cnsation pr.loy. rales, iar a acquiislinin, resettlement anci entitiements relating !o ;er.aDilitatian ass,starcu, prorti-ams Complaints bv PAP can be lodged verbally or in written fccrm. bul in case triey are Indiged verbally, tihe committee lo which it is lodged will write it down dUrinr th first meetinig with thc PAP. PAPs, who present their case to the PMO. District People's Comimlittee (DPC), or PPMU will be exempted from paying any tees. In addition, PAPs locigirig coniplaints ailnd appeals to district courts will be provicied with tree leg,-al representation. 2. Grievance ProcrCCures 6;5. A fou;r-stage procedure Ior redrc!essiuqm grievances is proposed. This incluicdes: StagLe 1 - CorMl a1ts trom PAPRs on any aspect oJ the resettlement program. or un- dOO resseci losses shtliist t! lojrdci verbally or iin wrilteii form to the People's Commlliitc t at cm n iln: 1:v.- n Tule CoiiYPp;-111: cani1 he discuIssecC in an informanl meeting wilth, tIhe nlalnti; ainr thu. ci; irni; (n nt the people's committee at comomine level The .oo.ie's Com)mitteu: cic colillnlmii ii vi:l will be res ponsihie lor resolving the isstue within 5 ia a*.s fronm tht_ clay it Is locicy!i. Stage 2 - in i io crsta iiline ii ;-Iii,lC' soliition can he. reanl'cr. nr it ni npSe rumil tVie peuple s cuimilele , (I.i (ini illvel Is receivecl y tvhe PAP within 15 clays of regiclerine :he complaint. i( i sit cani appeia l lo tle District Resettlefnent C_ nmtttee. Tht Vl'c-c.lati; , 1 r ,i ; ..'c'ill kii PAP in 1ijr son. anct PAP will 1)0 25 Pro)ect "Water Resource Support - Vrernam Component 2: 'Modernization of Irrgatton Systems'. Resettlement Action Plan for Ke Go Irrigation System Modernizafeon Subptoject fKe Go RAP) invited to produce documents, which support his/her claim. The complaint must be settled within 2 months of registering the original complaint. The DRC will provide a decision within 1 month of the registering of the appeal. Stage 3 - If the PAP is not satisfied with the decision of the DPC or its representative, or in the absence of any response by the DPC, the PAP can appeal to the Provincial People's Committee. The Provincial People's Committee together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC. Stage 4 - If the PAP is still not satisfied with the decision of the PPC or PRC on appeal, or in absence or any response fromii the PPC witthin the stipulated time, the PAP, as a last resort, may submit his/her case to the district court. Vil. BUDGET A. Financing 70. The Central Government will pay resettlement cost related to land acquisition of primary and secondary canals while compensation for the tertiary and of field levels canals will come from local budget, or by contribution of the direct beneficiaries. The latter will be based on intensive discussion and consultation with farmers to find out the ways for farmers/beneficiary to obtain equitable contribution to development of the tertiary/on-farm small canals, and adequate options has been presented as compensation for the involved losses. B. Flow of Funds 71. The PMO will be responsible for channeling funds for land acquisition and resettlement to the PRC which will be responsible for the payment of compensation directly to affected persons for land, crops, trees, houses, other structures and for the various allowances. The PMO will also be responsible for contracting an external organization or other institution that will be engaged for independent monitoring. C. Adjustments for Inflation 72. The cost estimates in this RAP are based on 2003 prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually, based on the actual annual inflation rate. The PMO, together with the provinces, will determine the annual inflation rate and ensure the necessary annual adjustments are made to compensation rates and to all cash entitlements. D. Compensation Prices 73. The compensation amounts in the detailed cost estimates in Table 10 include a 10% contingency. (i) The current compensation and resettlement costs are based on: (a) land acquisition and census surveys conducted in April-May, 2003; (b) identification of different categories of impacts, resettlement policies, and entitlements described in Section 5: (c) provision of Decree 22/1998 on compensation and resettlement; (d) compensation prices issued by Ha Tinh provinces in 2002; and, (e) rapid asscssniont of replacement cost as conducted by consultants in April 2003. 26 Piocect Avaler Resou,rce Suppo;( - Vtelaam` C't'jponenl 2 "Moder!nzatio1 of linigaion Systems". Resettlement Action Plan for Ke Go irmgation Systeoi k1o6errization Subproject (Ke Go RAP) (ii) According to Decree 22 (Article 8), the prices for compensation shall be decided by the Provincial Peoples Committee for each specific project. For present purposes, the price lists issued by Ha Tinh province in the Decision 2800/2002/QD/UB-NL. on 23 December 2002, concerning Unit compensation prices for residential. agricultural and forest land within Ha Tinh province, and Price list atta-hed to the Decision 542/20021QD/UB-XD, on 12 March 2002, regulations on unit compensation prices for houses, structures, crops and trees and assistances, allowances within Ha Tinh province in case of land acquisition for public, national security, safety, national and public interests, and for its other similar and recent projects, and validated and/or adjusted by the consultants during preparation of the feasibilily study, have been applied for preparation of this RP. (iii) The main findings of the consultants were the following- (a) prices for structures were close to the market price, however, due to inflation, they need to be adjusted at timne of compenisation payment to reflect current market/replacement cost. In fact, the PPC Ha Tinh often revise and update compensation prices for structures/houses and other movable assets to match their current market prices. (b) The prices for compensation of agricultural land is fair. in ruiral area even hirgher than the market price, but rates for residential land and garden land have some gaps from the real market prices. Unit compensation rate for trees were below current market prices. (iv) In order to avoid ,omplaints and to ensuie fair compensation prices for affected persons, compensation prices used for cost estimates in the RAP have been based not only on prices issued by the provinces, but also on price surveys conducted in the affected areas. However, to comply to some extent with the unit prices issued by the province, for cost estimates the consultant used the higher unit price for agricultural land and residential land as well as for trees. (v) During the detailed design of the Project, the subproject will revise compensation unit prices for all categories of loss (land, crops, and trees) to ensure PAPs receive aclual replacement cost at current market value at the timne of compensation. PAP and local authorities will be consulted on the proposed rates before they are finalized. E. Income Restoration and Rehabilitation Assistance 74. Severely affected farnmers and other vulnerable households will be entitled to assistance to restore or improve their pre-project conditions. These costs will be updated at the time of compensation to adjust for inflation. F. Implementation Costs 75. Costs for land acquisition and com1pensation will be fully ftinded by the Government. Resettlement administrative cost inciudes perfornming resettlement activities by PPMUISIO and resettlement consultant. and management fees for various resettlement committees, and implementing agencies. It consists of cost for the payment of salaries, per diem, logistics, managerment fees, etc: cost for Detailed Measurement Survey (DMS) of losses, evaluation of assets lost, pricing application: pNhlic information andc dissemination, preparation Project Information Booklet, posters. materials and dissemination of information; cost for organizing and performing public consultation and grievanice redress. The administrative costs are set to 5%;. 76. A budget will be providierl for lr~iiniig of till ti-ne ancl/or part time staff involved in the project resettlenirn: nctivitir- Cc,nlriv.)f llc-h lrrilinr; will r.rvwr r tirl lripir is m'.nflllirit policy ol tile p)roJecl, ot Wl; aoni lii, Viulijain cur-rent reseltlemiienl policy, outstalding 27 Project "Water Resouirce Sulpport - Vietnam" Component 2: 'Modernization of Irrgation System5s. Resettlemenl Action Plan for l'e Go lrngiation System Modernization Subproject (Ke Go RAP) resettlement issues, stakeholder participation; methods of ptthlic information and consultation. Specific resettlement topics and skills, for example, the DMS and compensation foris. evaliuationi of lost assets, identification of entillenients. Training will be provided to particular groups of resettlement officials and consultants. Training of staff and consuiltants for capacity building is set to VND 154,000 ($ 10.000). 77. Monitoring costs includes costs for internal and external monitoring, which is set to 3%. A contingency cost is set to 100%, as shown in table 7 below. G. Cost Estimate 78. The estimated cost of resettlement for the all land and crops/trees cost affected by identified canals is VND 6,636,998 ($430,974). Detailed cost estimates for this resettlement plan are presented in Table 10. For estimating baseline costs of compensation, all compensation amounts include a 10% contingency. The total cost for the RAP is VND 9,582,789 ($622,259) Table 10: Total Resettlement Costs in Ke Go Subproject rPoj ct HPrrmn tHs Land acqstioni impacts/ Unit Quantity Unit rate Total cost Total cost component Acrpis severely entitlements of ('000 (;000 VND) (USs$ reqd allected losses VND) (h a) Ia Headw ork 0.6 Lzmd (lorws. poironroll m2 6,000 10 60.000 3.896 T,ces m2 6.000 1 6,000 390 Main 7 Land (resi6elti.a permanent m2 3,228 100 322,300 20.961 canals o,7 loss) L.and tesidciin,.- r tcnrnoinry m2 7.780 10 77,800 5,052 to ss) Lanid (annutial crops, pemanenl m2 1,33 Xi 30 101,400 6,584 loss) Lant linrrl ctolaps. temporary m2 6.;,Xi(6h 2 131,612 8.546 InqTss Crops fO. I 6 3 207,558 13,478 Land (perenial crops) m3 1.680 15 25,200 ,636 Trees trees 14.893 325.180 21,116 Land (lenlhoraly toss recovery nl2 75.266 2 150.532 9.775 COSt) R etrrrilil ai, lin;i;St;sOanrce HH 7 3,000 21,000 1.364 Elecim. collorms rtenm 4 10,000 40.000 2.597 Canal 1 I n r, I ,. ,,,. 11 .i 2 1481 30 44.430 2.885 0 3 ki,r -. ,.., Il l'-. i1 i G23 1 5 9,345 6(7 ipenrrinlil loss Lanw (Annual crnts) ti-inpworv i n2 137580 2 275.160 17,868 Land1 tPrerunil crops1 mrr2 1,540 2 3.080 200 I lmrrpoDy IDCC RicC'ariuuiial croe, 10,783 3 32.348 2.101 Fish'shrrm rn2 14785 10 147.850 9,601 i I Trrcs tree 11.185 227.415 14.767 Land (rncidC4t,al ltIia,mrnntl 11m2 580 100 58.000 3,766 Lanid (uostQe at tlr'iiornrs m2 39.916 2 79.832 5,184 loss) Canal 2 1 2 land iarinULAIl crom0) permanenl rn2 12,279 30 368.370 23,920 . J~~~ossI Land on,iuruil cmiu'. lmiuioriry rn2 35,888 2 71.776 4.661 I I Crosn nl2 48.167 3 144 501 9.383 F,h n12 580 7 4.060 264 I T,.r ..' I ri 17.5fr.1 .377.75n 2 .250 28 Project 'Water Resource Supporl - V,etnarn' Component 2: "Modernizalton cf Irnration Systems". Resettlemenl Aclion Ptan for Ke Go Irrigation Syslerm Modern.zalbon SUiboOJoec (Ke Go RAP) Project Permran HHs Land acqstinn irnpactsl Unit Qujantity Unit rate Total cost Total cost component Acqiws severvly entitlements of ( 000 ('000 VND) (USS) reqd attected tosses VNO) Canal 7 T .S 30 Land t rn2 15,308 30 459.240 29.821 7 ?7,78n .l R1.i4 n 5,314 _r4:. n112 42.588 3 127.764 8,296 Rr.h.tnliln,o'r nsslst;rlrcc (30) HHI 30 3,000 90.000 5,844 HHsl Canal 8 0 Land iTemporay loss) m2 10.442 2 20,884 1,356 I____________ -I CroDS m2 10.442 3 31.326 2.034 Canal 9 ! 0.1 Land (residential, permanent m2 693 100 69.300 4,500 loss) Land lresidential, temporary m2 16.795 10 167.950 10,906 loss) Land )annual crops) tenlporary m2 18,104 2 36.208 2,351 '555 Crops m2 18,104 3 54,31 2 3.527 Trees Tree 1,369 95.360 6.192 Canal 3 1.66 36 Lard lanruL,al ciops. ve,manenl rn2 16,201 30 486.03r' 31,560 I. ~~~~~~lossi tln t.r rrl mr,rl..lr.nrnr,ry t,2 54.377 2 108.754 7,062 I ~~~~~~loss) Rice, annc rrop m2 70.578 3 211,734 13,749 Land (perenn,all m2 3,470 15 52.050 3.380 Trees tree 2,259 51.280 3.330 Re) t.ltit.nson r ll Iswl..r.,iir I-iiI 36 3.000 108.000 7.013 Canal N4 0.2 1andl1anOiral Crnps) r.-rrn,nenrl m2 2.454 30 73.620 4.781 subsystem loss iand (annual crops) temporary m2 10.695 2 21,390 1.389 055 R,ce, anriual crops m2 26.597 3 79,791 5.181 Trees Tree 2.711 20 54.220 3,521 Canal N5 0.9 Land (l anntl crops) m2 9,060 30 271.8on 17.649 subsystem permanenl loss Land larnual crops) terrtporary rn2 22.895 2 45.790 2.973 loss Crops annial n2 31.955 3 95,865 6.225 Land (Perenat craps) m2 4,458 15 66,870 4.342 Trees tree 1,181 28,980 1,882 Canal 6 0.7 Land l.rual Pc,r.9nrnrr1 loss m2 6.868 30 206.040 13.379 Inr tlnnnrnlt Irnrrrtrr;uy lrrss rn2 31.634 2 63,268 4,108 C-lt. *?2 38.502 3 115,506 7,500 La) nlpr! pinmrnll rrr2 159 15 2,385 155 lass Lalrdi linier'mnni) enriprrorry Inss n)2 636 2 1.272 83 Treers Tree 1.803 61.670 4.005 Totst land i 6.636,998 430,974 acqstion 7.86 73 Total base compensation cost (ha) . Esxchange rale. I USD = 15,400 Total base compensation cost 6,636,998 430.974 VND Administration cost (15%) 5% 995,550 S 64.646 Monitoring cost 154.000 S 10,000 Training cost (3%) 3% 199.110 S 12.929 Contrgency Cost (10°3%) 0% 1.597.132 S 103.710 Granrd Totol Resettilercnt cost 9,582.789 $ 6 2,259 29 Project Water Resource Support - VOetnarn" Cnmporicnt 2 `Mndeitwatinl of IrWigation Systenms"' Resettlement Action Pian for Ke Go Irrigation Syslem Modernization Sulbproject (Khe Go RAP) IX. IMPLEMENTATION SCHEDULE 79. Approval of the RAP. The Government will send this RAP to the World Bank and it has to be approved as a precondcition for- appraisal. 80. Information Dissemination Prior to Detailed Design. Prior to the commencement of detailed design, MARD will implement an information campaignthroughout the project area. Informationi meetings will be held in all potentially affected hamlets to inform the communities about (i) the project scope, (ii) impacts, (iii) entitlements for all categories of loss, (iv) schedule of activities beginning with the detailed design survey, (iv) institutional responsibilities, and (v) the grievance mechanism. The project implementation brochure will be prepared and distributed to all affected communities during the meetings. 81. Establishment of Resettlement Committees. All provinces will establish their resettlement committees as soon as the Project has been approved. This will be followed by establishment of resettlement committees at district and commune levels. 82. Training for r.esettlement Staff. Within 2 months of mobilization of the resettlement consultants for the Ct-O/PMO all local resettlement staff at PPMU/SIO, PRC, DRC, and CRC levels will be trained by the PMO assisted by the consultants. Training subjects will include (i) procedures for upclatinlq Ihu RAP; (ii) consultation and information dissemination methods; (iii) principles, policies and entitlements of the RAP; (iv) implementation steps, procedures, and schedule; (v) grievance redress mechanisiml: and (vi) powers and obligations of individuals/agencies involved in the process of resettlement programs. 83. Updating Replacement Cost Unit Rates. During the preliminary detailed design process, the PPC will update unit rates at replacement cost for all categories of loss and adjust allowances to account for inflation. Prior to formal issuance of the project compenisation unit rates, with tue assistance of the project resettlement consultants, the implementing agencies and PRCs will validate the unit rates through consultation with PAPs and the local government. 84. Detailed Measurement Survey. An upclated DMS will be conducted after completion of the detailed design. The updatecl surveys will serve as the basis for compensation. 85. Data will be computerized by MARD andl CPO/PMO. 86. Information Dissemination and Consultation. This will be implemented as described in Chapter 7. 87. Updating of the RAP. Thi-s RAP will bu updated atter letailed design and approved by WB before commencement of any resettlement activities. 88. Pricing Application and Compensation of PAPs. Resettlement committees at district or provincial level will be responsible for pricing application and preparing compensation charts for each affected comimiune/district. These will be subject to verification by the PPMU/SIO. PPC and CPO/PMO and of unit prices, quantity of affected assets, PAP entitlements, etc. before posting them at each commune for the people to review and comment. All compensation forms must be checked and signed by the PAPs to indicate their agreement. 30 Project Water Resource Support - V,etnnn" Comnnent 2: "Moderinzation of lrrgation Systems". Resettlement Action Plan for Ke Go irrigation System Modernization Subprojecl (Ke Go RAP) 89. Compensation and allowances will be handled at commune level under the supervision of representatives of the PRC, DRCs, PPMU/SIO and CPO/PMO. Guidance will be given by the PPMU/SIO to aid local resettlement committees in making payments to PAPs. 90. Award of Civil Works Contract. After all PAPs affected for one component have been compensated in accordance with the approved RAP, approval can be given for award of civil works contract for that component. 91. Income Restoration and Rehabilitation Assistance. In order to provide adequate economic rehabilitation measures, PAPs entitled to rehabilitation assistance shall be consulted on rehabilitation options and shall be assisted to participate in the relevant activities. 92. Monitoring. Internal and external monitoring shall start as soon as the updated RAP has been approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external Monitoring organization prior or during DMS to update and advice PPC on compensation rates. A post-resettlement evaluation will be undertaken by the external monitoring organization 6 to 12 months after completion of all resettlement activities. X. MONITORING 93. Monitoring is the continuous process of assessment of project implementation, in relation to agreed schedules, the use of inputs, infrastructure and services by the Project. Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible to facilitate timely correction during project operation. It provides systematic and continuous collection and analysis of information on the progress of the project. It is a tool to identify strengths and weaknesses and to enable timely decisions for corrections. 94. Monitoring has two purposes: (i) To verify that project activities have been effectively completed including quantity, quality, and timeliness. (ii) To assess whether and how well these activities are achieving the stated goal and purpose of the Project. 95. Regular monitoring of the RP implementation will be conducted by the PMO and WB, as well as by an indepenclent external nioniitoririg organization hired by the PMO. A. Internal Monitoring 96. Internal monitorinig of the implementation of the subproject RAP for the main components will be the responsibility of the Ke Go PPMU. with the assistance of the project consultants. The implementing agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. 97. Monitoring Indicators. The main indicators that will be monitored regularly are: (i) Payment of compensation to PAPs in various categories, according to the compensation policy described in the RAP. (ii) Delivery of technical assistance, relocation. payment of subsistenice and moving allowances. (iii) Delivery of income restoration aridc rehabilitation assistance. 31 Project "Water Resource Support - Veolnamn Com7ponenl 2: "Morlernmzalon of rimgationi Systems' Resettlement Action Pianl for Ke Go lingation System A4odemnizalion Sulproject (Ke Go RAP) (iv) Public information dissemination and consultation performance. (v) Adherence to grievance procedures and outstanding issues requiring management's attentioni. (vi) Priority of PAPs regarding the options offered. (vii) Coordination and completion of resettlement activities and award of civil works coniract. 98 The implementing agencies will collect information every month from the different resettlement committees. A database of resettlement monitoring information regarding the Project will be maintained and updated every month. 99. The Ke Go implementing agency will submit to the PMO, and the PMO assisted by the project consultants will submit to the WB as part of PMO's regular quarterly progress report to W B, a monitoring report o n the progress of implementation of the RAP every 3 months. The internal monitoring reports shall include the following topics: (i) The number of PAPs by category of impact per component, and the status of compensation payment and income restoration for each category. (ii) The amount of funds allocated for operations or for compensation and the amount of funds disbursed for each. (iii) The eventual outcome of complaints and grievances anct any outstanding issues requiring action from mnaniagement. (iv) Implementation problems (if any) (v) Revised actual resettlemen-t implementation schedule. B. External Monitoring 1. Objectives 100. The general objective of the external monitor is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for future policy formulation and planning. 2. Agency Responsible 101 In accordance with WB requirements for consultant procurement, the Project Management Office will hire an organization for the indepencient monitoring and evaluation of RAP implementation. This organizatioin, to be called thie Monitoring Organization (MO) will be specialized in the social sciences and experienced in resettlement monitoring. The MO should start their work as soon as the upcdated RAP has been approved. 3. Monitoring and Evaluation Indicators 102. The following indicators will be monitored and evaluated by the MO: (i) Payment of compensation will be as follows: (a) Full payment to be made to all affected persons sufficientily before land acquisition; adequacy of payment to replace affected assets; (ii) Coordination of resetileinenit activities with constnuction schedule: the completion of land acquisition and resettlement activities for any component should be completed prior to award of the civi' works contract for that component. (iii) Provision of income restoration assistance under Rehabilitation Assistance Programn. 2 Project "Water Resouice SuppoPl - Vietnam" Component 2 "Modernization of trngation Systems" Reselilement Action Plan for Ke Go lrrgation System Mocernization Subpiocect (Ke Go RAP) (iv) Public consultation and awareness of compensation policy: (a) PAPs should be fully informed and consulled about land acquisition, leasing and relocation activities: (b) The monitoring team should attend at least one public consultation meeting each month to monitor public consultation procedures, problems a nct issiies that arise cr itrinic the meetings. and solutions that are proposed: (c) PIlIC aW;rfcriess of tile compensation policy and entitlemernts will b e a ssessed among t he P AP; (d) Assessment of awareness of various options available to PAP as provided for in the RAP. (v) Affected persons shiould be moniitored regarding restoration of productive activities. (vi) The level of satisfaction of PAPs with various aspects of the RAP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored. (vii) Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported. C. Monitoring Methodology 103. The methodology for conducting monitorinig and evaluation of the RP implementation will include the following activities: 1. Sample Survey 104. A socio-economic survey will he reCluired before, during and after resettlement implementation to p rovide a clear comparison of success/failure of t he resettlement p lan. Monitoring will be on a sample basis. The sample size should be 100% of relocating households and severely affected farmers, and at least 100% of all other households. The sample survey should be conducted twice a year. 105. The survey should include women, elderly persons, and other vulnerable target groups. It should have equal representation of male and female respondents. 106. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion ot all resettlement activities. 2. Database Storage 107 The MO will maintain a database of resettlemnent moniitoring information. It will contain files on each affected household and wil, be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implenmenitinig agencies and the PMO. 3. Reporting 108. The NMO will be recluirecd to sol)itt the fiidings of the periodical monitoring every 6 months. These monitoring reports shall be subnmitted to the PMO, which in turn will submit the reports to the World Bank as an annex of its progress report. 109. The report should contain (i) a report on the progress of RAP implementation: (ii) deviations, if any. from the provisions and principles of the RAP: (ii) identification of problem issues and recommended solutions so that implementing agencies are informed about the ongoing situation and can resolve problems in a timely manner: and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. 33 Project Vln/Iter Rosouice Suppoit - Vbetnain7 Contxnoient 2. 'Modernizalion of Irrgationi Systems Resettlement Action Plan for Ke Go Irrigatlon System Mtodernization Subopolect (Ke Go RAP) 4. Monitoring Report Follow-Up 110. The m onitoring reports will be discussed in a meeting between the MO, PMO and implementing agencies held immediately after submission of the report. Necessary follow-up action will be taken based on the problems and issues identified in the reports and follow-up discussions. D. Evaluation 111. Evaluation is an assessment at a given point of time of the impact of resettlement and whether stated objectives have been achieved. The external monitor will conduct an evaluation of the resettlement process ancl impact 6 to 12 months after completion of all resettlement activities using the same survey questionnaire and sample as used during the monitoring activities. 34 Piuject Valer Resocuice Suippot - Vietoat" C ipnnent 2: "Modernizatonr' ci I"' altluoi I Syste'rs ". setUenie,t Actiorn Platt fuI Kl Ga If ,I 1;it'f'l Syst' I! Mlodem alion Stubptojec (Ke Go RAP) ENTITLEMENT MATRIX FOR KE GO SUBPROJECT _ DEFINITION OF COMPENSATION YPE OF LOSS APPLICATION ENTITLED PERSON POLICY ______ IMPLEMENTATION ISSUES PermTanent Less than 20%/of total Legal user with HH- without LURC but their name listed in loss of arable a.fected assets lost due permanent rights to use Cash compensation for acquired land at 100% of the land book of the commune arid still land to acquisition of arable the affected land, and replacement cost, and now using that land are considered as land ternporary user who will Cash compensation for crops and trees at market fully legal users. be legalized before price. Niargirial impact on compensation as a If the viability of the rernaininig larid is less household income and permanent user. than the minirnum viable economilic unit, liring standards then the entire piece of larid would be acquired and the PAP would fall under the next categonyl Land Users Wi1h (i) Cash compensation for acquired land equivalent to Temporary or Leased 30% of land replacement cost: AND Rights to Use Land tha: (ii) Cash cormpensation for loss of crops and trees at can not be legalized as full market prices: long term land user .__ (i) In lieu of compensation for land, the PAP will receive assistance corresponding to the remaining investment in the land. (ii) Compensation for crops and trees at 100% of _______________________________________________ , Imarket prices. 35 Picjdc 'Wlcll R;Cf?AilT e Stu1polt - V-t1;1ni" Component 2: rThr l,7ii of hiig, lion Sy3litnis'. Resettlement Act,rn i 'l.uf ful K; Co !hij;ilu,n Sy1tnr? AdMdrnmiznb,n SuWpfojocl (Kc Go P_APJ) ___________________ EENTITLEMENT MATRIX FOR KE GO_SUBPROJECT DEFINITION OF COMPENSATION _ frYPE OF LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 5 6 Perman:ent Less than 20%'of total Leaal user with HH without LURC but their name lisled in loss ol arable affected assets lost due permnanenit rights to use Cash compensation for acquired land at 100% of the land book of the commiiuine and still land to acquisition of arable the affected land, and replacement cost, and now using that land are considered as land. temporary user who will Cash compensation for crops and trees at market fully legal users. be legalized before price. iMarginal impact on r compensation as a If the viability of the remaining land is less household income and permanent user. than the rninimurn viable econ1omoiic unit, living standards then the entire piece of land would be acquired and the PAP vwould fall under -_---- the next categ_. _____ _- Land Users 'Nith (i) Cash compensation for acquired land equivalent to Temporary or Leased 30% of land replacement cost: AND Richts to Use Land that (ii) Cash compensation for toss of crops and trees at can not be legalized as full market prices; I long term lard user | (i) In lieu of compensation for land. the PAP will j receive assistance corresponding to the remaining investment in the land. (ii) Compensation for crops and trees at 100% of _______ _______ ________ ________________________________ aretprce. _______market prices. 36 1'uJu:;l X'; i?esurt e Support - Vietnam" Conrr cipei It 2 'ut Iqjizajt,ui; G tu;ugotlor Systerns" Re2S; tW, ,, iTt AL tlrl Ph11 tit P; (;o It/i(;t:Oun SySti I t t lu nz,;di,n SubpwjT'cl (Ke Go RAP) ___________ _ ENTITLEMENT MATRIX FOR KE GO SUBPROJECT _ ___ fj DEFINITION OF COMPENSATION |TYPE OF LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 5 6 Pennanent Less than 20%3of total Legal user with Hit withiout LURC but their name listed in loss of arable affected assets lost due I perrnanent rights to use Cash compensation for acquired land at 100% of the land book of tle comunurie and still land to acquisition of arable I the affected land, and replacement cost, and now using that land are considered as land. temporary user who will Cash compensation for crops and trees at market fully legal users. I be legalized before price. Marginal impact on . compensation as a If the viability of the remaining land is less household income an,d i permanent user. than the minimum viable economnic unit. living standards. then the entire piece of land would be acqLlired and the PAP would fall under _________._.__ _________________ __________________________________________ the next categoryy Land Users With (i) Cash comnpensation for acquired land equivalent to Temporary or Leased 30% of land replacement cost: AND | Ricnts to Use Land that (ii) Cash compensation for loss of crops and trees at car not be legalized as full market prices, . __ _ ___ i~~~~~~ors term land user o (i) In lieu of compensation for land, the PAP vill i receive assistance corresponding to the l remaining investment in the land. l (ii) Compensation for crops and trees at 100% of l _____________ market prices. Pt t 'Wa.ltcr Resource Suppot - Vierinam" Comiponvnl 2. "Aloderni7ation of Irrigaliun Sy.;tycnis'. Huscttcilr(uit A'-ttor Plan for Ku Go i,dio.,to Sys i,;n f;A.ritiLflh,Otio Subptoject (Ke Go RAP) ____________________ ENTITLEMENT MATRIX FOR KE GO SUBPROJECT _ _ I DEFINITION OF COMPENSATION _ TY]f EOF LOSS __ APPLICATION | ENTITLED PERSON POLICY __ IMPLEMENTATION ISSUES l ~~~~~~~~~~~~5 6 L.-__ _ ___ __ 5 ____ _ _ _6 Pernanent Less than 20%oof total Legal user with HH without LURC but their namne listed in loss of arable affected assets lost due permanent rights to use Cash compensation for acquired land at 100%/O of the land book of the commune and stilt land to acquisition of arable the affected land, and replacement cost, and now using that land are considered as land. temporary user who will Cash compensation for crops and trees at market fully legal users. be legalized before price. Marginal impact on compensation as a If the viability of the remaining land is less household income and I permanent user. than the minimum viable economic unit, living standards then the erntire piece of land would be acquired and the PAP would fall under the next category. Land Users Wi..i (i) Cash compensation for acquired land equivalent to T Temoporary or Leased 30% of land replacement cost; AND Rights to Use Land that (ii) Cash compensation for loss of crops and trees at can not be legalized as full market prices: lon zermn land user (i) In lieu of compensation for land, the PAP will receive assistance correspcr.ding to the remaining investment in the land, (ii) Compensation for crops and trees at 100% of _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ m arket prices. 38 Proqjct "Watei Rcsorce Suppuit - Vieinmnm Ciipoiinent 2 "Modeini ;1tll, Of huiiqitull Sysiw'` Resrelluient ActioIn Plo,u ii/ fr Cc L.n iliHi i SyQ, Modernizationi SuhbiiOject (KC Go RAP) ________ ENTITLEMENT MATRIX FOR KE GO SUBPROJECT DEFINITION OF COMPENSATION TYPE OF LOSS APPLICATION ENTITLED PERSON POLICY ____ IMPLEMENTATION ISSUES 5 6 Perrmanent Less than 20%/of lotal Legal user with HH without LURC but their name listerl in loss of arable affected assets lost due permanent rights to use Cash compensat.on for acquired land at 100% of the land book of the commune arid still land to acquisition of arable the affected land, and replacement cost, and now using that land are considered as land. temporary user who wilt I Cash compensation for crops and trees at market fully legal users. be legalized before price. Marginal impact on I compensation as a If the viability of the remaining laud is less household income and permanent user than the minimum viable economilic unit, living standards then the entire piece of land would be acquired and the PAP ioutrl fail under ._____.__._.____._____ ____ the next categora . _____ __ Land Users With (i) Cash compensation for acquired land equivalent to Temporary or Leased 30% of land replacement cost; AND Rights to Use Land that (ii) Cash compensation for loss of crops and trees at can not be legalized as full market prices: t | ~~~~~~~~~~~long term Iland Luser l---{----------~~----~- t . - long term land user (i) In lieu of compensation for land. the PAP will receive assistance corresponding to the remaining investment in the land. (ii) Compensation for crops and trees at 100% of l______________ ____________________________________market prices. P:o;ecI 'WVatot ReSuOircC Suppott - Virenam" Comnjponunlt 2. "Mndcdeuizatio,n otf h lion;ri Systems". Resettleniv,id Ac.t imrr 1 'hir fur e; K I: rir(;Irtin SysICtemI Ml odJ-inizationr Supt)ojecI (KC Go RAP) _ __ __ TYPE OF DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLEDPERSON ____ _ __POLICY _ IMPLEMENTATION ISSUES 2 3 r 4 5 6 More than 20%aof total Legal user with (i) Compensation for loss of trees and crops at full Skill training with training allowance will affected assets lost due permanent rights to use market price be applied in case if the option "land for to acquisition of arable the affected land, and .. . . land" cannot be available land. legalizable as a (ii) As prority, compensation 'land for landl a . permanent user. equivalent productive capacity at a location A combined extension assislance should Severe impact on acceptable to the PAPs or, if requested, cash be taken to help tl.e poor and household income and compensation for the lost land at 100% of disadvantaged PAPs to improve their living standards. replacement cost; AND farming techniques and productivity on their remaining land (iii) Rehabilitation assistance of not least than VND 3,000,000, which may be in forms of: -skills training and training allowance, I combination of cash and provision of- - agricultural extension services, and - priority for project-related job opportunities. _ _ _ j_ _ _ ~ ~_. _ _ _ ____ I _ _ _ _ _ _ _ _ _ :'.__ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ I__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Land Users with (i) As priority, compensation "land for land" equal If the value of remaining investment put I Temporary orLeased 30%of the PAP's affected area, or Cash by PAPs on the affected land is i Rights to Use Land that compensation equivalent to 30% of land undoubtedly higher than the can not be legalized as replacement cost AND compensatina value, which is equal to long term land user (iii) Cash compensation for loss of crops and trees at 30% of the land, the PMIO anid RCs will full market prices; . revise and adjust adequately case by t t ~~~~~~~~~~~~~~~~~~~~~~~~~~~case. Illegal land users (i) Cash compensation for loss of crops and trees at Training assistances will be provided to . l full market prices: poor and disadvantaged PAPs if the cash (ii) In lieu of compensation the PAP will receive compensation option will be applied. assistance corresponding the remaining investment in the affected land A combined extension assistance would (iii) For the poor and disadvantaged farmers who be relevant to assist the poor and have not been allocated land by Decree 64/CP, disadvantaged farmers to improve their the local authority will assist them to obtain land of farming productivity an area equal to the minimum standard size with full legal title without any PAP cost, OR, if requested, cash compensation plus full I I ! | rehabilitation assistance packages of 3,000,000 i 1 I _ _ _ I l__ _ _ _ l _ _ _ _ _ _ I V N D - -_l_l 40 FIl orCl - 'atre Rvn,oulrcre Support - Vietnamr" Compionent 2.'dri,7;ltm;i of lil igation Systflii-SI !' .w, .em, in AC Ii.; li, ,, fr K9 Go hrnigatioi Syslrl Mocfvrrm'irtiorr Suibptojecl (Ke Go RAP) ___________ T'YPE OF DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON ___ POLICY IMPLEM ENTATION ISSUES 2 3 1 4 5 6 3 Polinaruiil Loss of residential land Legal user with (i) PAPs will be entitled to cash comnpensation for land In case a niulti-generationi HH-s need to loss of without structuL-es built I permanent rights or at 100% replacement cost of the land, subdivided to net family, the remaining residential thereon leagelizable rights to (ii) Coapensation for trees /crops at full market pries land is not enough for building house, the lanid use the affected land. (i)Cmesto o re cosa ulmre rcs PAP wilt be, entitledJ to option l\arginal impact on compe.,sating land for land as priority. house incorme an.' a anr !living standards I ~Cash in lieu of land wil' be offered ornly as a last resort or at the informined reqLuest of l_ bthe PAP 4 d StluciLlres Structures located i Legal owner of the PAP with legal right to build the affected structure will In rural areas. right to use 'arid implies within the RO'.v o' the i affected structure be entitled to compensation at 100% of replacement right to build a str-u-ture No building l caralet nwore or c:her cost of the affected structure in material, cash cr a permit is requ-ed oro,ecl c --pF'er;s. combination of the two. No deduction will be made for I . Secunniy PAP at_ectee ny land Legal user withdepreciation or salvageable materials. 5 I Secundiny ,PAP affe-ec :)y landcl Le-gal user with Because all secondary PAPs are affected through 1oss l PAPs I accuisitioln for Sorrlow permanenit or ternporary of arable land, the provision of Section 1 (Loss of j areas or individLia use rights who are arable land) will apply to these secondary PAPs I relocat:cn legalizable. r G Allowances t Rehabilitation Severely affected All severely affected farmers are entitled to a Concrete form of assistance wilt be i [ assrsta:1ce farmer PAPs rehabilitation assistance at least of VND 3,000,000 to defined during resettlement I RAPs restore their income generating capacity. implementation through intenisive consultation with PAPs to respond to l _ _ _ _ _ I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ RP A P s' needs.ed s_ Allowance for persons Beneficiary of socia! Beneficiary of social allowance who are relocated are who receive social i allowance who severely entitled to a special allowance not less than allowance from the affected. VND1,000,000 state. L7 -1~oss ot Crops located within I Household who PAPs are entitled to compensation in cash at market PAPs will be given notice several months standing crops the ROW of the canal i cultivates the land. value, in advance regarding evacuation. Crops network or affected by I grown after issuance of the deadline will other projec; not be compensated. cornponent. 41 riu,yo l ?,ii, Pt u 'ic Suip;Joll - Vleinrii Cini-wIn'n 2 (.LirloiL;,O'of atio ,o Syt5c ', P. rUn ,i '1 :1!' ', 'I; i' t l r liGation Gy' A in- I .iut') SF I I /i ItiLJVGCt (RKe Go RA)P) TYPE ~ j DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON POLICY IhIPLEMEN rATION ISSUES .1 ~2 3 I4 5 6 Loss of trens Trees located within Household who PAPs are entitled to compensation in cash at market Crops that have special high value will be the ROW of the canal occupies the land value on he bsis of type ae and prouctive value. network or affected hy wheie tiees are located considered to bc assessed for otther project irrespective of land compensation rate case by case. comnponent tenure status. PAPs who have been noticed by competent auttiority riot to use the land I w vithin the ROW of the canal network will not be comperisated for violation and _ _ _ I _ _ __ __ __ _ _ __ _ . ~~~~~~~~~~~threaten damage orl irrgation netwvolk Loss of craves Graves located in the Househild who own the ! PAPs are entitled to cash compensation for all costs of affected areas I graves j excavation, movement, and rebuiial. 10 Loss o! Commilunity buildings. )Villaae. Ward, (i) Restoration of affected community buildings and F cumnii'l 7 structlues. co0mr`unit ; Governmern! Unit I structures to at least previous condition, or asset-. forest.c azing/or other i (ii) Replacement in areas identified in consultation wmih land' irrication systemns affected communities and relevant authorities, or affectez by temporary (iii) Compensation at replacement cost for affected or perr-anenit land community land l l acquisi: on or spoil I Note: If income loss is expected (e.g irrigation. disposai community forest, community grazing land). the village is entitled to compensation for the total production loss (over 3 years): this compensation should be used collectively for income restoration measures and/or [ _ _ - ________________ _________________i______________ new infrastructure. 42 PWJ;'?Ct WVVaer Resource Sup-ir I - Vm,;Iti; w Cornp ewen,, 2. "Mudlefuzntion of hi:r.lwo Sy,'i an "'uso :,.,,; Ardtun Plan tot Kr (;, I, Oiiai Sy'.i' n Veiumnw,athon Subpiojecl (Ke Go PAP') _~~~~~ _f_ __ __ __ _ _ COMENSTIO I'YPE OF l l DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 1 2 3 4 5 6 i -~- Temporary Damages by Owner or person with (i) The contractor will be required to pay impact during contractors to private or user rights compensation irnmediately to affected families. construction public structures or groups, communities or government agencies. landl (ii) Damaged property will be restored immediately to its former condition. ___ ____ __. Temporary loss of | Land users with (i) Compensation for one harvest of crops/trees at full If the quality of land will be rtadically arable land . t legatllegalizable richts market prices changed when return to PAP, requirirng or temporary land use (ii) Compensation for loss of net income fronm PAP to change in the types of land use, right subsequent crops that cannot be planted for then PAP should be compensated for all the duration of project temporary use, AND en'. saged cost of losses. (iii) Restoration of land to its previous or better quality by pruviding measures to improve land quality in cases of land being adversely affected or a6dified, AND (iv) If the duration of project's use the land exceed more than one year, then the PAP have option to: 1) Continue use of the remaining land, keeping with the legal user's agreement. OR, 2) "Sell" it to the Project at 30% of replacement cost('); (') This remaining land then will be transferred by the project to local land use/management organizatiols 43 The Socialist Republic of Vietnam Ministry of Agriculture and Rural Development (Draft) Vietnam Water Resource Assistance Project (VWRAP) RESETTLEMENT ACTION PLAN For QUANG HUE RIVER SUBPROJECT August 2003 Table of Contents I. INTRODUCTION ...................................................... 4 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .............. ................. 5 III. SOCIOECONOMIC INFORMATION ..................................................... 7 A. Source of Data 7 B. Impacts on Land and Structures 7 C. Land holding: 8 D. Population: 8 E. Occupation and Income 9 F. Living Conditions 10 G. Gender and Poverty 10 IV. LEGAL FRAMEWORK .11 A. World Bank's resettlement Policy 11 B. Viet Nam Laws 11 I. Relevant Vietnamilese Acts and Bylaws .. I1 2. Decree 22/CP .. II I . Minimize the Adver-se Impacts friom tihe Pr-oject .. .................. i 3 2. Conmpcinsation antd Assistance..1 3 3. Coni sacitsaion at Rcplaelmcnicii Cost ..13 4. Commllulnily Part-icipalionl all(l ConsuIltation.. 13 B. Principles of Resettlement 14 C. Compensation Policy for Loss of Land 15 1 . LaLid Users withi Perimantcit or Lgcal Usc Rights. .15 2. Land Users With Temporary or Lcascd Righits to Use Land .15 3. Land Users Without Permianent or Legal Rights to Use Land .16 4. Loss of Standing Crops and Trees .16 5. Loss of Residential Land . 16 6. Secondary PAPs ..16 D. Compensation Policy for Structures 16 1. Loss of Graves ..16 E. Temporary Impact During Construction 16 F. Allowances During the Transition Period 17 V. INSTITUTIONAL ARRANGEI\AENTS .17 A. General Organization 17 B. Ministry of Agricultur-e and Rural Development 17 C. Provincial People's Committee 18 D. District People's Comiltiliee 19 E. Implementing Agency 19 1. Qtlluang I-ILIC SLibprojcct Inipicnicnltioll Ullit (Qu.LIan I-Ilc PPMU). . 19 2. Provincial Rcseitlelimenit Comititec ..19 3. District Rescttlement Comimittecs (DRCs) ..20 F. Agency Responsible for External Monitoring 20 VI. PUBLIC INFORMATION. CONSULTATIONS AND GRIEVANCE REDRESS. 21 A. Consultations During Preparation of Resettlement Plan 21 1. PuLblic Informi-ation During RP Preparation ..21 2. Objectiecs of Public In formiation allnl Consultation . .22 B. Consultations Proposed During Implementation 23 1. Iniforimiationi Disseminii ationi and Rehabilitation .......................................................... 23 2. Public iMeetings ... 2 3. Comlipensationi and Relhabilitation ................................... 25 4. Public Inforimiationi Booklet (PIB).................. ........... 25 5. Disclosure ................................. 25 C. Grievance Redress Procedure 25 l. Contenits of Grievances ............................. . 26 2. Grievanice Procedures ............................. 26 C. Adjustments for Inflation 27 D. Compensation Prices 27 E. Income Restoration and Rehabilitation Assistance 28 74. Severely affected farmers and other vulnerable households will be entitled to assistance to restore or improve their pre-project conditions. These costs will be updated at the time of compensation to adjust for inflation. 28 F. Implementation Costs 28 G. Cost Estimates 28 IX. IMPLEMENTATION SCHEDULE ............... ..................................................... 29 X. MONITORING ............................ 30 D. Internal Monitoring 31 E. External Monitoring 32 1. Objectives. .................................. 32 2. Argency Responlsibic l............................ 32 3. Monitorinig and Evaluation Incdicators ............................ 32 F. Monitoring Methodology 32 3 I. INTRODUCTION 1. The VWRAP includes fouL project components, where the Thu Bon Basin Integrated Planning (TBIP) is the third one. The scope of the TBIP is to icdentify and select the feasibility for identified subprojects, which are essential for the formation of a River Basin Integrated Planning. 2. Quang Hue is a small river connecting Vu Gia and Thu Bon rivers, and plays a role as a water regulator for Vu Gia River. Severe floods occurred in the years 1999 and 2000 which created a new Quang Hue flow in the upstream of Vu Gia river, of about 1700 m from the old Quang Hue. The new Quang Hue "river brought radical changes in the hydrological regime and posed serious threats to river bank morphology wh.ch can be listed as follows: (i) Created severe bank erosions and destroyed all cultivative land of hamlets 8, 9 and On Gla Bac of Dai Cuong commune; (ii) Increased flood flows, from 17-25% in the past to 73-76% presently diverted from Vu Gia river into Thu Bon through the new Quang Hue river. This resulted (iii) in severely increased floods along the whole areas downstream of Thu Bon river, particularly in Hoi An ancient town during the flood season, while (iv) creates a severe shortage of water for irrigation of 10,000 ha of agricultural land and domestic and industrial needs of Da Nang city, as well as (v) creating severe threats of salinity intrusion upstream of Vu Gia river. 3. The Vu Gia - Thu Bon Integrated Planning Project (Component) has given a high priority to Quang Hue River stabilization, calling for an investment subproject within the VWRAP. The subproject aims (a) to restore the former balance of water discharge diverted from Vu Gia to Thu Bon, and take control over it, (b) reduce severity of floods in Hoi An and the Thu Bon's downstream during the rainy season, (c) protecting local population from flood dangers/damages, and (d) increase water provision for domestic and irrigation needs in addition (e) to protect water quality through reduced salinity intrusion from the sea upstream of Vu Gia In the dry season. This will be achieved through: (i) rehabilitation of the old Quang Hue River through dredging and cleaning of the river bed; (ii) closing the new Quang Hue low (dry season) flow through land filling and embankments; (iii) embankments of vulnerable sections of Quang Hue and Vu Gia rivers; (iv) construction of hydraulic regulatory works (intake) at the Quang Hue river mouth. 4. The proposed investment is planned to be restricted to Quang Hue river area and includes the river- bank plrolecting works and water intake regulating works at Quang Hue river mouth to take control over water discharge from Vu Gia to Thu Bon river. 5. All these listed works will pose certain resettlement impacts on the local population of two communes, Dai Cuong and Dai Hoa, of Dai Loc district, Quang Nam province. 6. The proposed subproject for Quang Hue river stabilization will bring following benefits: e Increase of fresh water availability will allow to satisfy irrigation needs for 10,000ha of agricultural land downstream of Vu Gia River, * Improved drainage and reduced flood threats will protect the population of Dai Cuong commune from possible flood damages and losses caused by severe river bank erosion; * Prevent/protect the downstream area from marine salinity intrusion; • Rehabilitate Vu Gia downstream flow and reduce river bed sedimentation; 4 Favor water provision for diverse, multi-purpose, uses, including urban domestic use, irrigation, and aquaculture, maintaining river flows. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 7. This resettlement action plan (RAP) applies to the components according to the present technical design. The RAP is prepared to deal with compensation and rehabilitation of the project affected people, which can be identified at this project preparation stage. It will be updated before implementation through a detailed measurement survey (DMS) to precisely identify compensation requir-ement according to the final technical design. Each component is described as follows: (i) Rehabilitation of the old Quang Hue River will involve dredging and cleaning of the old riverbed. Land acquisition will be required for disposal of the dredged and/or cleaning materials. In principle, the acquisition of land may consider as being temporary because the land would be returned to users when the civil works will be completed. However, our experience shows that due to the fact that a relatively big volume of dredged and materials (mostly sandy materials) will be disposed in the relatively restricted area (which is currently under annual crops). Such an action will result in considerable increase in elevation of the land sulrface (0.5 -1 m or higher) by dredged materials, which is the poorly nutritious, composed mainly of sand. Thus the temporarily acquired land may either not be suitable for cultivation, particularly regarding annual crops, for some years with relatively high cost in order to restore the soil to the original quality. Therefore, the overall negative impacts posed by the disposal of dredged materials on the agricultural land may be considerable and the cost of restoration so high that the impacts on land acquisition should be considered as permanent. The major part of such land belongs to Dai Hoa commune and only about a fifth of the area will come from the land of Dai Cuong commune. (ii) Closing up the new Quang Hue River, achieved through land filling of the new river bed and embankments of Vu Gia river bank with sediment materials taken from the opposite river side of Vu Gia. These activities may create new, but rather restored, land area (which is acquired temporarily) in the place (that is to be filled) of the new river, which in the future will be suitable for cultivation. The borrow area, from where the most part of necessary soils needed for filling the new Quang Hue River including improvement of river bank base will be taken, is the annually flooded land in the opposite, left bank, sediment side, of Vu Gia river. The materials dredged from the old Quang Hue riverbed will be partially used as the materials for filling the new Quang Hue flow. Actually, that's called "borrow" area of flooded land in the left bank of Vu Gia river will in fact be acquired permanently as it is planned that this place will become a new part of Vu Gia river widene-d bed. The proposed widening of Vu Gia riverbed to the left side is planned to make a change of the current direction of river flow. All the land required for this component currently belongs to Dai Cuong commune. (iii) Embankments of vulnerable sections of Quang Hue and Vu Gia rivers: So far this is not identified land acquisition required for this component, but there may be certain area which will be acquired temporarily during civil works. (iv) Construction of hydraulic regulatory works (intake) at the Quang Hue River mouth: So far ii is not identified land acquisition required for this component. There may be certain area, which will be acquired temporarily duuring civil works. 8. The Inventory of Losses (IOL) of all acquired land and assets identified at this preparation stage and the number of people affected has been carried out by the local authorities of communes Dai Cuong and Dai Hoa. 5 9. The Project will cause both permanent and temporary impacts on agricultural land, which is currently used for annual crops. In total, there are 72.9 ha agricultural land of 785 HHs (including two commune PCs) which will be affected. Among these there are 14.5 ha land and 148 HHs with permanentl losses due to acquisition of the 'borrowed" area, while the remaining 58.3 ha land used by 639 HHs will be lost 'temporprily" due to disposal of dredged materials. 606 HHs will be severely affected duc to loss of more than 20% of their agricultural land holding. There no HH losing their house due to the subprroject intervention. Most of the land to be acquired from project affected people (PAP) is under legal, long-term user rights. About 19.1 ha (of which 3.3 ha of Dai Cuong and 15.8 ha of Dai Hoa communes) are under commune's management. Tablel presents a summary of the impacts on the land and structures for all subproject components. Table 1: Summary of resettlement Impacts of Quang Hue river Stabilization Subproject Severe Impact Marginal Impact Total Impact works Shop/ Agric Resid. HH Resid. HH** Houses (>20%). HH Agric HH Persons HH-*' HH (<20%) Rehabilitation of the old O O 447 O 72 519 2226 Quang Hue river Closing of the new Quang 0 0 159 0 110 269 1154 Hue river 0 0 606 0 182 788 3380 Total Loss of Land (ha) Residential Agric. Forest Unused Other Total Rehiabililaliior of the old O 52.0 O O O 52.0 Qua ng Hue river Closing of the new Quang 0 22.4 0 0 0 22.4 Hue river .__ _ _ _ _ _ _ _ _ _ _ _ _ .__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 4 .4 Sources Inventory of losses by'Dai Cuong and Dai Hoa CPCs Key: HH = household; ha = hectares. " Includes Shop/Houses; '''Combined shop/houses are also included in Uie column for Residenlial, Persons is calculated based on average number ot members per household 1 0. The purpose of this resettlement action plan (RAP) is to deal with compensation and rehabilitation of the people affected by Quang Hue river Stabilization Subproject, ensuring that all project affected people will be at least as well off after the project as they would have been in the absence of the Project. This RAP is based on (i) a census and Inventory of Losses (IOL) of 100% of PAP in the area covered by the project for disposal of dredged from river materials and borrowed areas for taking filling-materials and widening the river bed of Vu Gia River; (ii) a sample HHs socio-economic survey o1 PAP, conducted by Ihe consultants in 2003, (iii) group inteiviews and discussions in ploject affccled communes, conducted by lhe consultants during the study, May 2003. Policies for compensation, relocation, and rehabilitation have been 6 established based on these suiveys, applying Vietnam's existing laws and sub-laws regulations and the World Bank Operative Directives OD 4.30 on Involuntary Resettlement, O 4.20 on Indigenous Peopie and OPN 11.03 on Cultural Property. Careful coordination between all the agencies and ministries will be necessary to complete the different resettlement activities successfully. The provisions and policies of this RAP will form the legal basis for the implementation of resettlement activities for the Quang Hue Subproject. Ill. SOCIOECONOMIC INFORMATION A. Source of Data 11. This RP has been based on census and land acquisition surveyed for 100% of PAP due to the disposal of dredged materials of the old Quang Hue River and the widening Vu Gia river bed in the opposite side of new Quang Hue River. The local communes Dai Loc and Dai Hoa have carried out the inventory survey in May 2002. Land acquisition and resettlement requirements were estimated based on detailed land use data in each subproject's area, and on technical designs. A DMS will be carried out betore implementation of Phase 1. 12. Socioeconomic information has come from several sources: (i) household socio- economic questionnaire survey of 22 affected HHs conducted by the consultant in June 2003; (ii) group interview surveys conducted by the consultants in both project communes in iMay and June, 2003; (iii) stakeholder consultation at all levels, and (iv) review of secondary data/literature on subproject areas. 13. Specific resettlement group interviews with PAP were conducted to collect data on (i) specific resettlement needs of vulnerable groups which may be adversely affected by the Project, (ii) resettlement concerns and preferences of affected families, and (iii) measures to reduce impact. B. Impacts on Land and Structures 14. Rehabilitation of the old Quang Hue River and closing its new one of the Quang Hue Su! hproject will recover about 74.4 ha of land. In total, resettlement impacts is posed on approximately eight hundreds households with 3,694 people. Despite the land acquisition of existing annual-crop-land. which is required for disposal of dredged materials, is temporary, it is anticipated that the impacts may rather be radical, involving either change in cropping patterns or change of types of land use. It can be explained as follows: according to estimation made by the technical consultant, the elevation of the annual crops fields may be increased by 0.5-1 m higher or more. Thus, it's difficult to continue using the land for annual crops at least for several years due to the increased level of ground water, as the consequence of the elevalion. Further, the change of the soil structure towards heavy domination of the sand materials will make land unsuitable for normal cultivation. There no HHs losing residential land and no PAP will lose shops or business. The most of affected HHs will likely experience severe impacts due to loss of more than 20% of their total land holding, counting for 660 HHs out of the total 788 PAP. C. Land holdiing: 15. The average number of plots possessed by affected farmers is about 3.5. The average agricultural land holding is 1862 m2 for all PAP. The amount of land per HH varies between communes with 2254m2 for Dai Cuong commune and lower, 1671 m2, for Dai Hoa as shown in table 2 below, 7 Table 2: Average land holding (arable land) (m2) Average Per capiata Total (m2) land holding arable land I(m2IHH) (m2/pers) Dai Cuomg 568102 2254 492 Dai Hoa 867170 1671 369 Total 1435272 1862 416 Source: Results of Invenlory of losses, 2003 Table 3: Composition of HH land holding (%) Commune Composition of ag icultural land % garden land % rice land % upland crop land Dai Cuong 8 51 42 Dai Hoa 25 21 54 Total __ 18 32 50 Source: Results of HH socio - economic survey D. Population: 16. All PAP surveyed are of the majority Kinh ethnic group. There no ethnic minority living in the area. The average size HH for the population is 4.45 persons/HH, but the average HH size of the surveyed PAP is much higher, equal 5.26 persons/HH. The sex ratio of the surveyed population is 51% of male and 50% of female, but the male HHHs make up 95% of the total surveyed. The average age of the HH's Heads (HHHs) are 53.9 and their average education is 5.5 years (see table 4 and 5). The result of the census reveals a general trend that the younger HHH the higher is their educational level. Table 4: Population characteristics of PAP HH size | Ethnic (/0/) Sex ratio % Active Cotimmutne Total Size labors (pers) I (pers/IOH) KiP Oiher Male Female (pers/HH) Dai Cuong 1153 4.3 100 0 52 48 3.0 Dai Hoa 2335 4.5 100 0 51 49 3.3 Total 3488 4.45 100 0 51 49 3.3 Source: results of the IOL of PAPs, 2003 Table 5: Characteristics of HH Heads surveyed Sample HHH sex Average Educ. Main Occupation I(H-Hs) age (Grade)IP i (1-11-s M.lt a /Ga | Farmer Salary Dai Cuong 10 100 48 5.8 100 0 Dai Hoa 12 92 59 5.3 100 0 Total 22 95 54 5.5 100 0 Source. HHs socio-oconomic survcy, 2003 8 E. Occupation and Income 17. Agriculture is the most important source of HHs income of the PAP surveyed. Out of the total 22 HH Heads, there was only one who had the main income derived from the non- agricultural sector. However, among the labor active population in the two communes, the non- farm income involves a considerable part of the members surveyed, and it contributes an important portion of the HHs income, especially for Dai Hoa commune: Table 6: Occupation structure of the active labors surveyed n-cr.prtipfnn .stniwjctIrn (1%) Per cap Salary ~~~monithly Total Ar tiraolture Tra(ln Service Salary Others income . I ~~~~~~~work Dai Cuonc 100 73 0 9 9 0 Dai Hoa 100 66 8 8 11 8 Total 100 67 5.1 8.5 10.2 _ 6.8 Others include industrial workers, retired, small services, and handicrafts. Source: Socioeconomic surveys 2003. 18 Survey results indicate that only 9.1% of PAP have per capita monthly income below 100,000 VND. The well off group and wealthy-income per capita group each counts for 27.3 % of the total HHs surveyed, indicating a relatively fair economic situation in the communes. Based on the Ministry of Labor Invalids and Social Affairs classification, four income-level categories have been identified: (i) Category l: The poor-incorne per capita is < D100,000/month. (ii) Category Il: The low-income per capita is from Dl 00,000-Dl 99,000/month. (iii) Calegory IlIl: The well-off-income per capita is from D200,000-D399,000/month. (iv) Category IV: The wealthy-income per capita is > D400,000/month. Table 7: Levels of Monthly Income (%) Sample <1OO | 100-199 | 200-400 | >400 Dai Cuong 10 10 40 20 30 Da i I to; 12 8.3 33 33 25 Total 22 9,1 36.4 27.3 27.3 Source: Socioeconomic survey 2003. F. Living Conditions 1 9. All the surveyed communes had access road with asphalt surface and electricity. The rural road network was well developed and concreted. Social infrastructure was available in all communes wilh primany schools, health care center andi connection to telecommunication. Possessions of HH facilities ate shown in tahlle 8 below. 9 Table 8: Households facilities (%) Lighting Source o, domestic Toilet at home water other El.ectricity energy Well UNICEF Dig well Flushing No toilet Dai Cuong 100 0 90 11) n) l(1 Dai Hoa 100 0 92 8 25 75 Total 100 0 91 9 14 86 Source: Socioeconomic survey 2003. 20. The ownership of assets by the PAPs surveyed shows that Dai Hoa commune is relatively more whealthy than Dai Cuong commune. This fact can be explained by the more favorable location and more diverse economic activities in Dai Hoa than in Dai Cuong, which is located in a more remote area. Possessions of HH assets are shown in table 9 below. Table 9: Possession of HHs assets Conim une Fuimic | Ri | I \' I iiinoi ttoi,t | lecpltoiic , I M ltorbikc RfrigcriaIor C;encrator hike | ;s Cllill: rycles Oai Cuong X( 2(0 610 9() 8(X (1 2(0 () 1() 9(1 Dai Hoa 1(1 0 5(1 91 X3 4(0 0 33 () 0 100 Total 91 36 77 X6 59 0 27 0 5 86 G. Gender and Poverty 21. The poor are 11% of total population in Dai Cuong and Dai Hoa commune. The ratio of HH having per capita monthly income lower than 100,000 VND of the HHs surveyed were lower than the poverty rate average for the communes, equal to 10% for Dai Cuong and 8.3% for Dai Hoa. 22. The ratio of HHs headed by women is relatively high in the both communes, between one and two thir-d of the total HHs. The reasons were the consequences of the war during which many of the men died and left the family burden to women's shoulders. 23. Although there was no general social discrimination against women, the women headed HHs still face many disacivantages in life where the shortage of labor is among the most challenging. Special attention and equal allocation of development resources and opportunities to the women headed and poor HHs should be given throughout project's cycle. IV. LEGAL FRAMEWORK A. World Bank's resettlement Policy 24. The main objective of WB's Policy on Involuntary Resettlement is to ensure that PAP should be assisted to improve their living standards, income level and income generating capacity, or at least would be as well off as without the project. This policy aims to avoid involuntary resettlement whenever feasible, to minimize resettlement where population displacement is unavoidable. The policy stipulates that lack of legal certificate on land will not be an obstacle for a part of affected people to be entitled to compensation and rehabilitation. 10 The policy requires that compensation for all losses should be made at replacement cost, without depreciation and deduction of savage materials. B. Viet Nam Laws 1. Relevant Vietnamese Acts and Bylaws 25. In recent years, the Government has formulated several rules and regulations to protect the interests of displaced persons. Relevant acts and bylaws that govern various aspects of land acquisition and resettlement include: (i) The Constitution of the Socialist Republic of Viet Nam, dated 15 Apr 1992. (ii) The Land Law, dated 14 July 1993, amended on 2 December 1998 (iii) Decree 87/CP, dated 17 August 1993, on the stipulation of the frame for the price of various categories of land. (iv) Decree 64/CP, dated 27 September 1993, on the distribution of agricultural land to households for long-term use. (v) Circular No.05-BXD/DT, dated 9 Febnuary 1993, on the classification of house types. (vi) Decree 22/CP, dated 24 April 1998, on compensation levels and other allowances for land and structures recovered for the national and public interest. (vii) Decree 17/CP, 4 May 2001, on Management and Utilization of ODA. 2. Decree 22/CP 26. In April 1998, the Government issued a ma',r decree regarding compensation for land acquisition, Decree 22/CP on Compensation for Damage when the State Recovers Land for Use in National Defense, Security, and National and Public Interests. The Government has also issued guidelines for the implementation of this Decree (145/1998/TT-BTC). By issuing Decree 22/CP on 24 April 1998, the Government: (i) added new stipulations to accommodate with the major changes in compensation unit prices, objects to be affected, assistance levels, etc. in Viet Nam since 1993. Many of these stipulations have piroven themselves appropriate with ongoing WB, ADB and other donor-funded projects in Viet Nam; (ii) provided general provisions for compensation processes and procedures to all organizatiorns and individuals who need to acquire land; and (iii) assigned, in detail, the responsibilities of the government agencies concerned in implementing the Decree. 27. Generally, Decree CP/22 meets the objectives of WB's policy on involuntary resettlement, however, some discrepancies can be found regarding the compensation of PAP without legal rights. Table 10 presents the main areas of discrepancy. Table 10: Discrepancies Between Decree 22/CP and WB Policy Decree 22/CP WB Policy Prolect Policy Article 7: Any person whose land is The absence of formal legal All project affected people, recovered and who hias not met one of title to land by some affected irrespective of tenure status, social the conditions of Article 6, or who has groups should rot prevent or economic standing, will be equally violated the plan, or who violates the compensation. entitied to be compensated for their protecting corridor work, or who illegally lost assets, incomes, and occupies land shall nol reccive lusinesscs at tull replacecncril cost compensation when the state recovers and provided with rehabilitation 11 Decree 22/CP WB Policy Project Policy the land. In case of necessity, the measures sufficient to assist them to Provincial People's Committee shall improve or at least restore their pre- consider and decide on a case-by-case project living standards, income basis. levels and productive capacity. Article 8: The compensation rates shall Compensate all affected Replacement cost surveys have be determined on the basis of local persons, including those been carried out and will be carried prices for land issued according to the without title to land, for all their out by the project staff to ensure that Drovisions of the Government, and then losses at replacement rates. project rates for all categories of loss multiplied by a coefficient to ensure the will be equivalent to replacement compatibility of the compensation with cost at current market value to be the profitability and the price of the updated at the time of compensation. assignmcnt of the land use righlt in thc community Article 17: Th-e total maximum level of Compensate all affectecl Full compensation at replacement compensation shall not exceed 100% persons, including those cost will be paid for all affected and the minimum level shall not be without title to land, for all their structures without any deductions for lower than 60% of the value of tihe losses at replacement rates, salvageable materials or house or construction, priced according depreciation. to the construction price for new buildings with technical standards equivalent to the aflected. Article 18: People without legal permit of Alt Project affected persons Full compensation at replacement construction shall only receive 80% in will be entitled to cost for all Project affected structures compensation rural areas and 70% in compensation irrespective of irrespective of legal entitlement. urban area. People who violate zoning the legal status in both rural area will receive no compensation and and urban areas. illegal construction shall be forced to dismantle it. V. COMPENSATION POLICY A. Objectives for Resettlement 28. The objectives of the Vietnamese legislation governing the resett ement and rehabilitation of displaced persons and of WB's policy concerning involuntary resettlement have been adapted for the preparation of this RAP for the Quang Hue River Subproject. They are set out below. An entitlement matrix is shown in Appendix 1. The policies and principles adopted for the Project supersede the provisions of relevant Governement decrees currently in force in Vietnam wherever a gap exists between WB's Policy on Involuntary Resettlement and Vietnamese law. 29. The main objective of the Resettlement Plan is to ensure that populations affected by the Project should be at least as well-off, if not better-off, than they would have been without the Project. Affected populations should be able to maintain and preferably improve their standard of living and quality of life. 1. Minimize the Adverse Impacts from the Project 30. Considerable attention has been directed, during the Project's technical design stage and through modifications to various design parameters, to minimizing adverse impacts as well as the number of households that would be severely affected due to the loss of agricultural land. Related actions are the following: 12 (i) Alternative options with modification of technical design have been taken into consideration to avoid or reduce permanent land acquisition wherever possible. (ii) All the canals will be lined on that side of canals where lhe less of land currently in use would be affected. (iii) The time of closing water for civil works will be based on PAPs' recommendation, which correspond to their needs and cultivation calendar. 2. Compensation and Assistance 31. Compensation and assistance will be provided to ensure that the economic and social conditions of the PAP are at least as favorable as they were in absence of the Project. The compensation policy, which encompasses compensation for all affected assets, along with rehabilitation measures as suggested in this RAP, will ensure that alE PAP are able to, at minimum, restore their income, standard of living, and productive capacities to pre-project levels. Specific measures to ensure restoration of incomes and living standards of PAP includes compensation for lost assets based on: (i) Land-for-land of equivalent productive capacity and at a location suitable and acceptable to the PAP, or (ii) at the request of an PAP, who has been informed regarding the options, cash for land or a combination of the two. 3. Compensation at Replacement Cost 32. Compensation for all types of affected assets, including residential and commercial structures as well as standing crops and trees, will be paid at replacement cost. Compensation for affected land will be made either in the form of a trade, land-for-land of equal productive capacity at a location acceptable to the PAP, or at the specific request of the PAP, in cash at replacement cost to ensure that PAP can restore their income generating capacity and income levels. 4. Community Participation and Consultation 33. The preparation and implementation of the RAP is to be carried out with the full participation of, and in consultation with, the affected households and their representatives. ,,,i&.isive public consultations have been carried out in the preparation of the RAP. Ten group interviews were conducted at commune level in the project areas to inform local populations and to identify their needs and requirements. In addition, four resettlement group interviews were conducted in the project pilot communes in order to collect data on (i) vulnerable groups which may be adversely affected by the Project, (ii) resettlement preferences of affected families, (iii) measures to reduce impacts, and (iv) adequacy of compensation prices issued by the provinces. Further public consultations will be carried out during the implementation stage with a focus on specific activities including assessment cf compensation, acquisifion of land, and desion of rehabililation assistance planning, The Public Information Campaign and Consultation Program is described in Chapter 7 of this RAP. The PAP will also have well defined avenues for redressing their grievances as described in Chapter 7. B. Principles of Resettlement 34 The following basic principles have heen adopted for the Project: (i) Th-e populations atleclold bjy INu: Project are defined as those who may stand to lose, as a consequence of the Project, alt or part of physicat and nonphysical 1 3 assets, including homiles, homesteads, productive lands, commercial properties, tenancy, income-earning opportunities, social and cultural activities and relationships, and other losses that may be identified during the process of resettlement planning. (ii) Involuntary resettlement will be minimized by identifying possible alternative project designs, and appropriate social, economic, operational and engineering solutions that have the least impact on populations in the project area. (iii) The cut-off date for compensation eligibility for physical assets affected due to rehabilitation, upgrading of existing and construction of new, so far missed of the system, canals/irrigation works will be the date of completion of the detailed measurement survey and census after detailed technical design will be completed for these components. (iv) A census and detailed measurement survey and baseline socioeconomic survey will be carried out for all subproject components after detailed design of each and in updating of the RAP. (v) All PAP will be entitled to be compensated for their lost land and standing crops/trees at full replacement cost to assist them to improve or at least restore their pre-project living standards, income levels, and productive capacity. (vi) All affected populations will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing, and any such factors that may discriminate against achieving the objectives outlined above. (vii) Preparation of the RAP and its implementation is to be carried out with the full participation of affected people. PAP comments and suggestions will be duly taken into account during the design and implementation phases of the resettlement plans. (viii) Adequate budgetary support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period. (ix) WB shall not approve of any civil works contract for any subproject to be financed from the loan proceeds unless the Government has completed satisfactorily and in accordance with the approved RAP for that subproject compensation payment and ensured rehabilitation assistance is in place prior to obtaining possession and rights to the land. (x) The detailed RAP for implementation will be translated into the local language and placed in project and commune of.ices for the reference of affected people as well as any interested groups. (x,) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Evaluation of the land acquisition process and the final outcome will be conducted independent of the executing agency. C. Compensation Policy for Loss of Land 35. The Project will acquire some land acquisitions. There are two types of land use rights found in the project affected area: permanent or leagizable and temporary land use rights. Below are set out principles of compensation: 1. Land Users with Permanent or Legal Use Rights 36. For arable land that will be permanently affected, the PAPs will be entitled as follows: 14 (i) Marginally affected PAP. PAP with losses less than or equal to 20% of their total agricultural landholdings, will be entitled to cash compensation for crops and trees at market prices, AND cash compensation for acquired land at 100% of replacement cost. (ii) Severely affected PAP. PAP with losses of more than 20% of their total agricultural landholdings, will be entitled to cash compensation for crops and trees at market prices AND first priority for land-for-land of equivalent productive capacity at a location acceptable to the PAP or, if requested, cash compensation for the lost land at 100% of replacement cost AND rehabilitation assistance (skills training for one family member in a current or new occupation and a training aliowance, provision of agricultural extension services to increase the productivity of remaining land, and priority for project-related job opportunities. 2. Land Users With Temporary or Leased Rights to Use Land 37. For arable land will be permanently affected, the PAPs having Temporary or Leased Rights will be entitled as follows: (i) PAP are marginally affected: PAP with losses. less than or equal to 20% of their total productive capacity will be entitled to cash compensation for acquired land equivalent to 30% of land replacement cost; AND cash compensation for loss of crops and trees at full market prices; (ii) Severely affected PAP: PAP with losses of more than 20% of their total productive capacity, will be entitled to cash compensation for crops and trees at market prices, AND first priority for land-for-land equil to 30% of affected area of equivalent productivity at a location acceptable to PAP, or, if requested, cash compensation for the lost land corresponding to 30% of replacement cost. For poor and vulnerable, including landless, PAPs, who prefer to continue farming but have land less than of a standard size provided by Decree 64/CP, the local authority to assist them to obtain land of area equal to minimal standard size, with permanent land use right, OR training rehabilitation measures, including job tiaining and training allowance for its working member/s if no land available for provision; 3. Land Users Without Permanent or Legal Rights to Use Land 38. Households occupying and using land without permission from the commune will be entitled to compensation for crops and trees at 100% of market prices. They will not be compensated for land but will receive assistance corresponding to the investment in the land. 39. For poor and vulnerable farmers affected who are landless and have not been allocated arnd before will be entitled to: (i) assistance by local authority to obtain land of an area equal to the minimum standard size, with full legal title to the land, and/or (ii) transition assistance and rehabilitation measures, including social assistance allowance, job training and traininp allowance for its working member(s) if no land available for provision; 4. Loss of Standing Crops and Trees 40. For annual standing crops, complwnsalion will he paid to households who cultivate the land according to the full market value of the aflected crops, regardless of the legal status of the 1 5 land. For perennial plants, compensation will be paid according to the full market value of lhe affected plants, regardless of the legal status of the land. If the plants are not yet ready for harvest, compensation will include the total cost of initial investment and care until the time of the land acquisition. In case perennial plants can only be harvested once, compensation will be paid for the total cost ol investiments and care calculated until the time of the land acquisition. Compensation will be in cash. 5. Loss of Residential Land 41. There are no structures on the affected residential land, and PAPs will be entitled to compensation in cash at 100% of the replacement cost of the affected land. 6. Secondary PAPs 42. This applies to those affected by acquired areas needed for construction or for individual resettlement or group resettlement sites. Because all secondary PAP are likely to be affected through loss of agricultural land, they will be entitled to compensation and rehabilitation assistance in accordance with the same provisions for all other PAP. D. Compensation Policy for Structures 1. Loss of Graves 43. The level of compensation for the removal of graves will be for all costs of excavation, relocation, and reburial. Compensation in cash will be paid to each affected family. E. Temporary Impact During Construction 44. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored immediately to its former condition. 45. For arable land that will be temporary affected, all PAPs are entitled to compensation for loss of crops and trees at market prices, AND compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use; AND restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified, AND if duration of temporary land use is equal or exceeds two years, then) the PAPs are compensated as for permanent loss of land. F. Allowances During the Transition Period 46. The following allowance amounts are indicative only. At the time of compensation, allowances will be adjusted to account for inflation. For severely affected farmer HHs, rehabilitation assistance of amount not least than VND 3,000,000 per HH will be given. The concrete form of assistance to the farmers will be precisely identified in the project implernentation stage through investigation and intensive consultation with the entitled PAP to ensure adequacy and effectiveness of rehabilitation assistance in meeting with actual needs of PAP. In may be in form of training plus training subsistence allowance or in cash which comibined with relevant technical assistance. In addition, HHs having special social support will 16 be provided with a special social assistance not less than VND 1,000,000 to rehabilitate their living standards. V. INSTITUTIONAL ARRANGEMENTS A. General Organization 47. The implementation of resettlement activilies requires Ihe involvement of agencies at the national, provincial, district and commune level. Under the responsibility of MARD, resettlement committees shall be established at the provincial and district level according to the provision of Decree CP 22/1998. The provisions and policies of the RAP will form the legal basis for the implementation of resettlement activities for the Quang Hue subproject. B. Ministry of Agriculture and Rural Development 48. MARD is responsible for the realization of the VWRAP Project, on behalf of the Government. A Central Project Management Office (PMO) will be established in MARD, at MARD's Department, which is responsible for Management and Modernization of Hydrolic works. The PMO has responsibilities for overall project management and implementation. For each VWRAP Subproject will be established a Provincial Project Management Unit (PMMU) or a Subproject Implementation Unit (SlO). The PMO with the PPMU/SlOs will, in coordination with relevant agencies, manage and supervise the overall Project including resettlement activities and land acquisition. Successful updating and implementation of the RAPs will require close coordination between MARD and other ministries and agencies as well as between PMO, implementing agencies, and all local resettlement committees. Resettlement capacity will be established within the PMO to coordinate all resettlement activities with full-time assistance of consultants. Similar capacity will be established within the implementing agencies to implement resettlement for each subproject. The consultants will provide technical assistance to strengthen the social capacity within the PMO and implementing agencies. The PMO, with assistance of the consultants, will take overall responsibility as follows: (i) Providing overall planning, coordination, and supervision of the resettlement program. (ii) Guiding implementing agencies in updating and/or preparing RAPs and implementing resettlement activities in accordance with the Policy Framework and the approved RAP; and if any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensure that the objectives of the RAPs are being met. (iii) Finalizing RAPs and obtaining Govemmen' and WB approval before implementing approved RAPs. (iv) Coordinating completed implementation of approved RAPs for each component with the award of civil works contracts for each component. (v) Providing resettlement training to implementing agencies, all PPMU/SIO staff and RCs at all levels, and to the external monitoring organization. (vi) Providing the budget for resettlement activities. (vii) Establishing standard procedures for information campaigns and stakeholder consultation such as monihly newslette.s to communities on project activities. 17 (viii) Providing coordination with other components and various agencies involved in resettlenment planning and implementation. (ix) Establishing liaison mechanisms to ensure proper technical and logistical support to implementing agencies and RCs. (x) Establishing standardized PAP databases for each component, as well as for the Project as a whole. (xi) Establishing procedures for ongoing internal monitoring and review of project level progress reports and for tracking compliance to project policies. (xii) Establishing procedures for monitoring coordination between contractors and local communities and for ensuring prompt identification and compensation of impacts to public and private assets during construction. (xiii) Recruiting, supervising, and acting upon the recommendations of the external monitoring organization. (xiv) Establishing procedures for the prompt implementation of corrective actions and the resolution of grievances. (xv) Reporting periodically on resettlement activities to the WB. C. Provincial People's Committee 49. The PPC is lhe principal authority at the provincial level. The Quang Nam PPC is responsible for setting up and directing a council of compensation,-which will be called the Provincial Resettlement Committee (PRC). The PPC is also responsible for reviewing and approving the RAP. The PPC is responsible for the final decision on compensation unit costs, subsidies, allowances, and supporting policies for PAP and vulnerable aflected groups, In accordance with this RAP, The PPC is responsible for the approval of project land acquisition. Quang Nam PPC is also responsible for organizing the coordination between the related institutions and provincial departments for the implementation of the RAP, and to execute compensation and resettlement plans effectively. D. District People's Committee 50. The District People Comimlittees are responsible for identification of land and structure legality, and appointing members of the DRC and assigning functional tasks for the DRC. E. Implementing Agency. 1. Quang Hue Subproject Implementation Unit (Quang Hue PPMU) 51. Quang Hue PPMU will be responsible for implementing this RAP. Responsibilities will include the following: (i) Preparation, implementation, and monitoring of RAP. (ii) Guiding the resettlement committees at all levels in implementing 'he approved RAP and implementing resettlement activities in accordance with the resettlement policies specified in the RAP. If any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensuring they are -addressed so that the-objectives of the RAP are met; ensuring proper technical and logistical support to the Ha Tinh's and its districts' RCs. (iii) -Guiding and supervising the RCs while they carny out the Land Acquisition and Census Survey (LAS) to identify exactly the number of affected households and the extent of losses to be compensated, guiding local RCs in following compensation entitlernonts and Jprocedures as defined in the approved RAP, and submitting compensation! assistance costs for approval. 1 8 (iv) Implementing information campaigns and stakeholder consultation in accordance with established project guidelines, supervising the compensation payment process and the implementation of the RAP, and redressing grievances concerning resettlement activities in collaboration with RCs. (v) Coordinating with other line agencies to ensure delivery of mitigation and support measures. (vi) Providing income restoration and other social support under the Rehabilitation Assistance Program. (vii) Implementing established procedures for internal monitoring, establishing and maintaining a PAP databases for each subproject in accordance with established project procedures and providing regular reports to the PMO and all data to the external monitoring organization. (viii) Implementing prompt corrective actions in response to internal and external monitoring, and resolution of grievances. (ix) Coordinating project-related employment for PAP (consulting contractors about ermployment opportunities for local people, inforrning PAP about opportunities and how to avail of the opportunities). (x) limplementing establishecd project procedures for monitoring coordination between contractors and local communities and for ensuring prompt identification and compensation of impacts to public and private assets during constiruction. 2. Provincial Resettlement Committee 52. The PRO of Quang Nam will be responsible for (i) implementing, on behalf of PMO, all resettlement activities within the provincial territory under the PPC's management, and signing contracts for the implementation of some resettlement components; (ii) establishing and strengthening resettlement committees at district and commune levels; (ii) guiding all resettlement activities of provinces, districts and communes in accordance with the project policies and directives; (iii) establishing compensation unit prices for land and structures in collaboration with other provincial departments; setting up procedures for land acquisition and allocation and submitting them to the PPC for approval; coordinating, supervising, and monitoring the implementation of resettlement activities in the province; (iv) issuing guidelines about resettlement activities within their power, namely: (a) compensation prices for land, structures, crops, etc. (b) identification of land and structure legality; (c) procedures of land acquisition and allocation; and (d) approval of compensation charts for PAPs and affected public facilities, etc.; (v) directing and monitoring the DMS process, finalizing compensation forms, preparing compensation charts to submit to the PPC for approval; (vi) accepting and handing over the sites to the implementing agencies; and (vii) cooperating fully with the external monitoring organization. 3. District Resettlement Committees (DRCs) 53. The DRCs will be responsible for (i) planning andt implementing, on behalf of the District People's Committees, all rcscilllcnlcnt aclivitics in th (ii (li! iicls uncler the cliroci professional guidancr of the PRC. If authorized by the PPC to be completely responsible for the 19 resettlement activities in the district in the case that the PRC will not be established, the DRC will play the same role as the PRC; (ii) planning and implementing all resettlement activities in the district; (iii) finding adequate land for individual relocations; (iv) being responsible for LAS, finalizing compensation forms, preparing compensation charts to submit to the PRC, and paying compensation directly to each AP after receiving the funds; (v) establishing inspectors to redress PAPs grievances on resettlement policies and entitlem ents; (vi) establishing, ii necessary, commune resettlement committees (CRC) and directing their operations during (he implementation of the resettlement activities; (vii) cooperating fully with the external monitoring organization. F. Agency Responsible for External Monitoring 54. One agency specialized in the social sciences must be identified in order to carry out socioeconomic surveys, monitoring, and evaluation of RAP implementation for the Project. They will submit periodic reports on the implementation progress and make recommendations regarding the issues identified. The terms of reference and methodology for monitoring are presented in Section 10. G. Staffing and Training 55. One full-time specialized resettlement staff will be recruited for each PPMU/SIO. The PMO and the consultant team will assist in fulfilling/performing their resettlement responsibilities. These people should have background on social sciences or anthropology, computer skills, good experiences or will be trained on resettlement issues, preferably be proficiency in spoken and written English. Depending on the scale of resettlement imDacts of each subproject, a full time or part time resettlement staff will be required for local resettlement institutions. 56. As Quang Hue suproject poses both marginal and severe resettlement impacts on PAP and involves two different of communes level units, namely Dai Hoa and Dai Cuong Commune under Dai Loc District, there will be needed a resettlement council at provincial level, Quang Nam PRC, to ensure implementation of a unified resettlement policy throughout project affected areas. This PRC will focus in assisting the PPC on decision-making of the issues related to subproject's resettlement policy and problems arising under Quang Nam PPC competence and within its administrative boundaries. At town and district level, there will be established town and Dlstrict RCs, which will be the implementation bodies responsible for implementation of day-to- day resettlement activities within their district's boundaries and authorization. 57. All full time and pait timne staff and decision making involved in project resettlement implementation will be trained on the WB's and GOV project's resettlement policy, methods of public consultation, negotiation etc. Specific resettlement skills training will be provided to numerators, implementation staff in resettlement implementation procedures, techniques, uLnifiedi DMS form-s, and m.lanyIml(n( uol Ihe PAPs datlalasc. 20 VI. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations During Preparation of Resettlement Plan 1. Public Information During RP Preparation 58. Actions during which the consultant provided information about the project and the resettlement policy were as follows: (i) Group inteiview surveys were conducted in the two communes of the project affected area. Specific resettlement group interviews with affected persons were also conducted. In addition, stakeholder meetings have been organized at the provincial level with Quang Nam PPC, Dai Loc district's and Dai Cuong and Dai Hoa commune's People Committees, Quang Nam DARD, (ii) A Socio-Eonomic HHs surveys were conducted for the affected areas, which also benefited of the Quang Hue Subproject. The groups interview surveys were conducted in both affected communes. The surveys provided information on the different needs of different fields (agriculture, social, economy, resettlement) and provided useful socioeconomic insight. Each meeting involved from 15 to 25 persons. The majority of these persons were farmers from the villages of the communes, that is the most threatened by flood impacts and related to the project. Representatives of local farmer groups and other organizations, as well as officials from district and commune levels also attended the meetings. After meetings, women usually asked to be gathered to discuss in separate groups. The HHs questionnaire surveys and the group interviews were conducted in May and June of 2003. (iii) Specific HH resettlement inteiviews with Households relocated in recent flood years were conducted in Dai Cuong commune. The group interviews have also been conducted. The surveys, conducted in May 2003, were designed to collect data on: (a) general assessment of project benefit and resettlement impacts; (b) evaluation of the past resettlement efforls after the severe floods; (c) vulnerable groups which may be adversely affected by the Project, (d) resettlement preferences of affected families and (e) measures to reduce impacts. (iv) Stakeholder meeting with Quang Nam PPC was also focused on resettlement issues and commitments of the PPC to follow a project's Resettlement policy, which reflecting the WB's and GOV resettlement objectives and principles. (v) In addition, affected households' preferences regarding resettlement and relocation were investigated through socioeconomic surveys (300 questionnaires). 2. Objectives of Public Information and Consultation 59. Information dissemination to, in consultation with and with the participation of, affected -,--ons and involved agencies will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to (lesign the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of investments. The objectives of the public information campaign and PAP consultation program are as follows: (i) To ensure that local authorities as well as representatives of PAPs will be included in the planning ancd decision-making processes. The PMO and the PPMU/SIO in Ke Go will continue a dialogue with the Provincial People's 21 Committee and the District People's Committee during Project implementation. PAP involvement in implementation will be continued thereafter by requesting each district to invite PAP representatives to take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP, as well as information abouIt their reactions to proposed policies and activities. (iv) To ensLire that PAP are able to make fully informec decisions that will directly affect their income and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect themr. (v) To obtain the cooperation and participation of the PAPs and communities in activities necessary for resettlement planning and implementation. (vi) To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. B. Consultations Proposed During Implementation 1. Information Dissemination and Rehabilitation 60. During project implementation, the implementing agency responsible for resettlement n qang Hue PPMU), assisted by the project consultants, will undertake the following: (i) Provide infornation to resettlement committees at all levels through training workshops. Detailed information on project policies and implementation procedures will be provided. (ii) Conduct information dissemination and consultation for all PAPs throughout the life of the Project. (iii) Update or establish provincial unit prices, and confirm land acquisition and impact on properties through the DMS. (iv) The PRC/DRC will then apply prices, calculate compensation entitlements, and complete the Assets Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to PAP in the Land Acquisition and Census Survey follow-up visit to each household. (v) The Asset Compensation Form, showing the household's affected assets and compensation entitlement will then need to be signed by the PAPs to indicate their agreement with the assessment. Any complaints the PAPs have about the contents of the form will be recorded at this time. (vi) Consultation regarding PAPs preferred rehabilitation assistance program. This applies to severely affected and vulnerable PAPs. The social support team will inform PAPs of their entitlement to rehabilitation assistance under the Rehabilitation Assistance Program, before asking them to indicate their preferences. 2. Public Meetings 61. Prior to the beginning of the detailed design, a public meeting will be held in each hamlet to provide PAPs with additional information and an opportunity for open discussion about resettlement policies and procedures in each affected hamlet. A letter of invitation will be sent to all PAPs after the LAS has been completed at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAPs with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter 22 informing the PAPs, other means will be used to inform PAPs and the general public such as posters in prominent locations in the communes and districts where PAPs currently reside: radio, television, and newspaper announcements. The letter and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected *Iouseholds will be encouraged to attend, as well as other interested community members. The meeting will explain the Project, and households' rights and entitlements, and there will be opportunities to ask questions. Such meetings will be conducted periodically during the life of the Project. 62. Relevant information will be given to the PAPs at the meetings (verbally, graphically, and on printed information sheets). Extra copies of the printed information sheets will be available at municipal and district offices throughout the project area. The meetings will follow the following format: (i) Explanations given verbally and in visual format, including written information and drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will be provided for PAPs to respond with questions and comments. PAPs will be encouraged to contribute their ideas for PAP rehabilitation options. (iii) The DRC will establish a complete list of all PAPs present at the meetings. (iv) The DRC will make a complete record of all questions, comments, opinions, and decisions that arise during the information/consultation meetings, and present a report of all the meetings to the S10. 63. Information about the following will be given to the PAP: (i) Project components. This includes the places where they can obtain more detailed information about the project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project including explanations about the need for land acquisition for the reservoir, the canal network, and other project components. (iii) PAP rights and entitlements. These will be defined for PAP (with the cut-off date). The rights and entitlements for different categories of PAP, including the entitlements for those losing businesses, jobs and income. Options for land-for- land and cash. Options regarding reorganizing and individual resettlement, and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance (iv) Grievance mechanism and the appeal process. PAP will be informed that project policies and procedures are designed to ensure their pre-project living standards are restored. PAP will also be informed that if there is any confusion or misunderstanding about any aspect of the project, the commune or district resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. PAP will receive an explanation about how to access grievance redress procedures. (v) Right to participate and be consulted. The PAP will be informed about their right to participate in the planning and implementation of the resettlement process. The PAP will be represented on commune resettlement committees, and the representative for the PAP will be present whenever commune/ districUprovincial committees meet to ensure their participation in ail aspects of the project. PAP wi.; be consulted about the training and training preferences in current or new occupations for all PAP whose income levels and living standards are adversely affected due to loss of agricultural land or other assets. 23 (vi) Resettlement activities. PAP will be given an explanation regarding compensation calculations and compensation payments, monitoring procedures (which will include interviews with a sample of PAP), and preliminary intormalion about physical works procedures. (vii) Organizational responsibilities. PAP will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the Government olficials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. PAP will receive the proposed schedule for the main resettlement activities and informed that physical works will start only after the complelion of all resettlemenl activities and clearance fromn the project area. It will be clarified that they will be expected to move only after full payment of compensation for their lost assets has been allocated to them. Implementation schedules and charts will be provided to resettlement committees at all levels. 3. Compensation and Rehabilitation 64. A letter of notification will be sent to each PAP with the time, location, and procedure for receiving compensation payment. Severely affected and vulnerable PAPs will be personally contacted to confirm their preferences for rehabilitation assistance to take necessary actions to respond to their specific needs. 4. Public Information Booklet (PIB) 65. To ensul-e that PAP, their repiresentatives, ancl the local government in the affected areas fully understand the details of the resettlement program, and that they are informed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (PIB) will be prepared by the PMO, in consultation with WB. This booklet will be distributed to all PAP in the project area before DMS. General contents of the PIB will include the following: Brief Description of the Project, Implementation Schedule, Project Impacts, Entitlements and Rights of PAP, Resettlement and Rehabilitation Policies for All Types of Impacts, Institutions Respcnsible for Resettlement, Information Dissemination to and Consultations with Project Affected People, What To Do if PAP Have a Question or a Problem, Grievance Procedure, and Independent Monitoring. 5. Disclosure 66. In addition to disclosure to affected people and communities, this RAP or a summary will be displayed at public place suchi as at the PMO, Quang Nam PPMU (SIO), local provincial and district RCs, Provincial Information Center to disseminate information about the Project to all interested partlies/stakeholders. C. Grievance Redress Procedure 67. In order to ensure that PAP grievances and complaints on any aspect of land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner a grievance redress mechanism needs to be established. Such a mechanism will ensure that all possible avenues are available to PAP to air their grievances and that they are well defined. It is also important that all PAP become aware of the established procedures for the proposed grievance redress mechanism. The detailed procedures for both redressing grievances and the appeal process will be publicized among all PAPs through an effective public information 24 B. Flow of Funds 71. The PMO will be responsible for channeling funds for land acquisition and resettlement to the PRC which will be responsible for the payment of compensation directly to affected ,U,sons for land, crops, trees, houses, other structures, and for the various allowances. The PMC will also be responsible for contracting an external organization or other institution that will be engaged for independent monitoring. C. Adjustments for Inflation 72. The cost estimates in this RAP are based on 2003 prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually, based on the actual annual inflation rate. The PMO, together with the provinces, will determine the annual inflation rate and ensure the necessary annual adjustments are made to compensation rates and to alt cash entitlements. D. Compensation Prices 73. The prices used for cost estimates of land acquisition and resettlement are first of all based on the prices issued by Quang Nam PPC in decisions regulating compensation prices for land and different affected properties and assets. The compensation amount in the detailed cost estimates in Table 11 includes a 10% contingency. The current compensation and resettlement costs are based on: (i) (a) land acquisition and census surveys conducted in May-June, 2003; (b) identification of different categories of impacts, resettlement policies, and entitlements described in Section 5; (c) provision of Decree 22/1998 on compensation and resettlement, (d) compensation prices issued by Quang Nam provinces in; and, (e) rapid assessment of replacement cost made by consultants, based on available information gathered in May- June 2003. (ii) According to Decree 22 (Arlicle 8). the prices for compensation shall be decided by the Provincial People's Committee for each specific project. For present purposes, the price lists issued by Quang Nam province in the Decision 07/2000/QD-UB, issued on 03 February, 2000, concerning unit prices for land, the Decision 2424/1998/QD-UB, on 28 August 1998, concerning Unit compensation prices for crops and trees within Ouang Nam province, and Decision 2425/1998/1D-UB, on 28 August 1998, concerning Unit compensation prices for houses and structures, within Quang Nam province in case of land acquisition for public, national security, safety, national and public interests, and for its other similar and recent projects, and validated and/or adjusted by the consultants during preparation of the study and applied for preparation of this RAP. (iii) In order to avoid complaints and to ensure fair compensation prices for affected persons, compensation prices used for cost Pstimates in the RAP have been based not only on prices issued by the provinces, but also on result of rapid assessment of market price conducted by the consultant in the affected areas. However, to comply with the unit prices issued by the province the consultant has taken those provided as a base and used the higher unit prices for land and other categories of losses. (ih) During the detailec design of the Project, the subproject will revise compensation unit prices for all categories of loss (lancl, crops, and trees) to ensure PAP receive actual replacement cost at cunent mnarket value at the time of compensation. PAP and local authorities will be consulted on ihe proposed rates before they are finalized. 26 E. Income Restoration and Rehabilitation Assistance 74. Severely affected farmers and other vulnerable households will be entitled to assistance to restore or impr-ove their pre-project conditions. These costs will be updated at the time of compensation to adjust for inflation. F. Implementation Costs 75. Costs for land acquisition and compensation will be fully funded by the Government. Resettlement administrative cost includes performing resettlement activities by PPMU/SIO and resettlement consultant, and management fees for various resettlement committees, and implementing agencies. It consists of cost for the payment of salaries, per diem, logistics, management fees, etc; cost for Detailed Measurement Survey (DMS) of losses, evaluation of assets lost, pricing application; public information and dissemination, preparation Project Information Booklet, posters, materials and dissemination of information; cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 76. A budget will be provided for training of full time and/or part time staff involved in the project resettlement activities. Contents of the training will cover such topics as resettlement policy of the project, of WB and the Vietnam current resettlement policy; outstanding resettlement issues, stakeholder paiticipation; methods of public information and consultation. Specific resettlement topics and skills, for example, the DMS and compensation forms, evaluation of lost assets, identification of entitlements, Training will be provided to particular groups of resettlement officials and consultants. Training of staff and consultants for capacity building is set to VND 1 54,000 ($ 10,000). 77. Monitoring costs includes costs for internal and external monitoring, which is set to 3%. A contingency cost is set to 10%, as shown in table 11 below. G. Cost Estimates 78. The estimated cost of resettlement for the all land, crops/trees and other assets affected by the project including administrative, training cost and contingency is VND 22,761,018 (S1,478,053). Detailed cost estimates for this resettlement plan are presented in Table 11 below. Table 11: Compensation Costs Project Acquisiti HHs Land acqstion Unit Ouantity Unit rate Total c03t Total cost component on reqd severely Impacts/ of losses ('000 ('000 VND) (USS) (ha) affected entitlements VN D) Dai Cuong commune 22.4 159 Land (annual crrns) m2 223839 19.3 4,320,093 280,580 Crops m2 223839 4 895,356 58,140 Rehabilitation HH 159 3,000 477,000 30,974 assistance Dai Hoa Land (innnul l',!- .) m2 520388 19 3 10,043,488 652,175 Crops m2 520388 4 2,081,552 135,166 Rehabilitation 1,341,000 27 assistance HH 447 3,000 87.078 Total land 5.3 Total base compensation cost . lacgstion (ha) *. Exchanoe rate: 1 USD = 15.400 Total base comspensation cost 19,158,489 1,244,113 VND _ _ _ _ Administration cost (5O1/) 957,925 62,206 Monitoring cost (3%) 574,755 37,323 Training cost 154,000 10,000 Contingency Cost (10%) 1,915.849 124.411 Grand Total Resettlemer-t cost 22,761,018 1,478,053 IX. IMPLEMENTATION SCHEDULE 79. Approval of the RAP. The Government will send this RAP to the World Bank and it has to be approved as a precondition for appraisal. 80. Information Dissemination Prior to Detailed Design. Prior to the commencement of detailed design, MARD will provide information about the Project throughout the project area. Information meetings will be held in all potentially affected commune to inform the communities about (i) the project scope, (ii) impacts, (iii) entitlements for all categories of loss, (iv) schedule of activities beginning with the detailed design survey, (iv) institutional responsibilities, and (v) the grievance mechanism. The PIB will be prepared and distributed to all affected communities during the meetings. 81. Establishment of Resettlement Committees. All provinces will establish their resettlement committees at provincial and district level as soon as the Project has been approved. 82. Training for Resettlement Staff. Within 2 months of mobilization of the resettlement consultants for the PMO, all local resettlement staff at SIO, PRC, DRC, and commune levels will be trained by the PMO assisted by the consultants. Training subjects will include (i) procedures toi pI-eparing the RAPs; (ii) consultation and information clissemination methods, (iii) principles, policies, and entitlements of the RAPs; (iv) implementation steps, procedures, and schedule; (v) grievance redress mechanism; and (vi) powers and obligations of individuals/agencies involved in the process of resettlement programs. 83. Updating Compensation Rates. During the preliminary detailed design process, the PPC will update unit rates at replacement cost for all categories of loss and adjust allowances to account for inflation. Prior to formal issuance of the project compensation unit rates, with the assistance of the project resettlement consultants, the implementing agencies and PRCs will validate the unit rates through consultation with PAPs and the local government. 28 84. Detailed Measurement and Census Survey. Before each new phases of the VWRAP new DMS will be conducted in each subproject area after completion of the detailed design. These surveys will serve as a basis for compensation and new RAPs. Data will be computerized by PMO. An updated DMS will be conducted after completion of the detailedc design. The updated surveys will serve as the basis for compensation. 85. Data will be computerized by MARD and CPO/PMO. °o. Information Dissemination and Consultation. This will be implemented as described in Chapter 7. 87. Updating of the RAP. This RAP will be updated after detailed design and approved by WB before commencement of any resettlement activities. 38. Pricing Application and Compensation of PAPs. Resettlement committees at district or provincial level will be responsible for pricing application and preparing compensation charts for each affected commune/district. These will be subject to verification by the PPMU/SIO, PPC and CPO/PMO and of unit prices, quantity of affected assets, PAP entitlements, etc. before posting them at each commune for the people to review and comment. All compensation forms must be checked and signed by the PAPs to indicate their agreement. 89. Compensation and allowances will be handled at commune level under the supervision of representatives of the PRC, DRCs, PPMU/SIO and CPO/PMO. Guidance will be given by the PPMU/SIO to aid local resettlement committees in making payments to PAPs. 90. Award of Civil Works Contract. After all PAPs affected for one component have been compensated in accordance with the approved RAP, approval can be given for award of civil works contract for that component. 91. Income Restoration and Rehabilitation Assistance. In order to provide adequate economic rehabilitation measures, PAPs entitled to rehabilitation assistance shall be consulted on rehabilitation options and shall be assisted to participate in the relevant activities. 92. Monitoring. Internal and external monitoring shall start as soon as the updated RAP has been approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external Monitoring organization prior or during DMS to update and advice PPC on compensation rates. A post-resettlement evaluation will be undertaken by the external monitoring organization 6 to 12 months after completion of all resettlemiient activities. X. MONITORING 93. Monitoring is the continuous process of assessment of project implementation, in relation to agreed schedules, the Use ol inputs, intrastructure and services by the Project. M/'onitoring provides all stakeholde-s with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible to facilitate timely correction during project operation. It provides systematic and continuous collection and analysis of information on the progress of the project. It is a tool to identify strengths and weaknesses and to enable timely decisions for cor-ections. 29 941. Monitoring has two purposes: (i) To verify that project activities have been effecti"ely completed including quantity, quality, and timeliness. (ii) To assess whether and how well these activities are achieving the stated goal and purpose of the Project. 95. Regular monitoring of the RP implementation will be conducted by the PMO and WB, as well as by an independent external monitoring organization hired by the PMO. D. Internal Monitoring 96. Internal monitoring of the implementation of the subproject RAP for the main components will be the responsibility of the Quang Hue PPMU, with the assistance of the project consultants. The implementing agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. 97. Monitoring Indicators. The main indicators that will be monitored regularly are: (i) Payment of compensation to PAPs in various categories, according to the compensation policy described in the RAP. (ii) Delivery of technical assistance, relocation, payment of subsistence and moving allowances. (iii) Delivery of income restoration and rehabilitation assistance. (iv) Public information dissemination and consultation performance. (v) Adherence to grievance procedures and outstanding issues requiring management's attention. (vi) Priority of PAPs regarding the options offered. (vii) Coordination and completion of resettlement activities and award of civil works contract. 98 Th,- implementing agencies will collect information every month from the different resettlement committees. A database of resettlement monitoring information regarding the Project will be maintained and updated every month. 99. The Ke Go implementing agency will submit to the PMO, and the PMO assisted by the project consultants will submit to the WB as part of PMO's regular quarterly progress report to WB, a monitor-ing report on the progress of implementation of the RAP every 3 months. The internal monitoring reports shall include the following topics: (i) The number of PAPs by category of impact per component, and the status of compensation payment and income restoration for each category. (ii) The amount of funds allocated for operations or for compensation and the amount of funds disbursed for each. (iii) The eventual outcome of complaints and grievances and any outstanding issues requiring action from management. (iv) Implementation problems (if any) (v) Revised actual resettlement implementation schedule. 30 E. External Monitoring 1. Objectives l 00. The gener-al objective of the external monitor is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for future policy formulation and planning. 2. Agency Responsible 1 01 In accordance with WB requirements for consultant procurement, the Project Management Office will hire an organization for the independent monitoring and evaluation of RAP implementation. This organization, to be called the Monitoring Organization (MO) will be specialized in the social sciences and experienced in resettlement monitoring. The MO should start their work as soon as the updated RAP has been approved. 3. Monitoring and Evaluation Indicators l 02. The following indicators will be monitored and evaluated by the MO: (i) Payment of compensation will be as follows: (a) Full payment to be made to all affected persons sufficiently before land acquisition; adequacy of payment to replace affected assets; (ii) Coordination of resettlement activities with construction schedule: the completion of land acquisition and resettlement activities for any component should be completed prior to award of the civil works contract for that component. (iii) Provision of income restoration assistance under Rehabilitation Assistance Program. (iv) Public consultation and awareness of compensation policy: (a) PAPs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) The monitoring team should attend at least one public consultation meeting each month to monitor public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed; (c) Public awareness of the compensation policy and entitlements will be assessed among the PAP; (d) Assessmnent of awareness of various options available to PAP as provided for in the RAP. (v) Altected persons should be monitor-ed regarding restoration of productive activities. (vi) The level of satisfaction of PAPs with various aspects of the RAP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored. (vii) Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported. F. Monitoring Methodology 1 03. The methodology for conducting monitoring and evaluation of the RP implementation will include the following activities: 1 Sample Survey 31 1 04. A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. Monitoring will be on a sample basis. The sample size should be 100% of relocating households and severely affected farmers, and at least 10% of all other households. The sample survey should be conducted twice a year. 1 05. The survey should include women, elderly persons, and other vulnerable target groups. It should have equal representation of male and female respondents. 105. A Post-Resetl01i7emen Evaluation will be carried out 6 to 12 monihs after completion of all resettlement activities. 2. Database Storage 1 07 The MO will maintain a database of resettlement monitoring information. It will contain files on each affected household and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implementing agencies and the PMO. 3. Reporting 1 08. The MO will be required to submit the findings of the periodical monitoring every 6 months. These monitoring reports shall be submitted to the PMO, which in turn will submit the reports to the World Bank as an annex of its progress report. 1 09. The report should contain (i) a report on the progress of RAP implementation; (ii) deviations, if any, from the provisions and principles of the RAP; (ii) identification of problem issues and recommended solutions so that implementing agencies are informed about the ongoing situation and can resolve problems in a timely manner; and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. 4. Monitoring Report Follow-Up 110. The monitoring reports will be discussed in a neeting between the MO, PMO and implementing agencies held immediately after submission of the report. Necessary follow-up action will be taken based on the problems and issues identified in the reports and follow-up discussions. D. Evaluation 111. Evaluation is an assessment at a given point of time of the impact of resettiement and whether stated objectives have been achieved. The external monitor will conduct an evaluation of the resettlement process ancl impact 6 to 12 months after completion of all resettlement activities using the same survey questionnaire and sample as used during the monitoring activities. 32 ENTITLEMENT MATRIX for Quang Hue subproject TYPE OF DEFINITION OF COMPENSATION I TEM LOSS APPLICATION ENTITLED PERSON POUCY IMPLEMENTATION ISSUES 2 3 4 5 6 Permanent Less than 20%a of total Legal user with PAP will be entitled to: HH without LURC but their name listed in loss of arable affectedl assets lost due permanent rights to use (i) Cash compensation for acquired land at 100% of the land book of the commune and still lancl to acouisition of arable the affected land, and replacement cost, and now using that lancl are considered as land temporary user who will (ii) Cash compensation for crops and trees at market fully legal users. be legalized before price Marginal impact on compensation as a If the viability of the .emaining land is less household income and permanent user, than the minimum viable economic unit, living standards. then the entire piece of land would be acquired and the AP would fall under the _ ..._______________________._________________ _ next category. Land Users With (i) Cash compensation for acquired land equivalent to Temporary or Leased 30%. of land replacement cost; AND Rights to Use Land that (ii) Cash compensation for loss of crops and trees at full can not be legalized as market prices: long term land user Illegal land users (i) No compensation for land, (ii) Compensation for crops and trees at 100°' of market prices. They will not be compensated for land but will receive assistance .. , _ _~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~L TYPE Cl- DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMiENTATION ISSUES 2 ~~~~~~3 4 5 6 More than 20%3 of total Legal LISOr v;ith (i) Compensation ior loss ot trees and crops at lull Skill training with training atlowvinrce will affected assets lost due permianent rights to use market price be applied in case if thc option "land for to acquisition of arable the altected land, and landc" cannot be available. land temporary user who will (ii) As priority, compensation "land for land" equivalent be legalized before productive capacity at a location acceptable to A combined extension assistance should Severe impact on compensation as a the PAP or if requested, cash compensation be taken to help the poor and household income and permanent user. for the lost land at 1 00%/0 of replacement cost; disadvantaged PAP to improve their living standards. AND tarmeig techniques and productivity on (iii) Rehabilitation assistance: - Skills training and training allowance, Provision of agricultural extension sernices, and - Priority for project-related job opportunities. Land Users with (i) As priority, compensation "land for land" equal If the value of rernained investment put by Temporary or Leased 30%of the PAP affected area, or PAP on the affected land is undoubtedly Rights to Use Land that (iCahcmestoeqilnto 0.flndhigher than the compensating value, can not be legalized as (ii) Cash compensation equivalent to 30n of land which is equal to 30% of the land, the long tern land user replacement cost and training assistance (tees CPO and RCs wilt revise and adjust (iii) Cash compensation for loss of crops and trees at adequatefy by case. full market prices: Illegal land users (i) Cash compensation for loss of crops and trees at Training assistances will be provided to full market prices; poor and disadvantaged PAP if the cash (ii) No compensation for land if the user have been compensation option will be applied. allocated land followed Decree 64/CP A combined Extension assistance would (iii) For the poor and disadvantaged PAP having no be relevant to assist the poor ancl land for cultivation or those have not been disadvantaged farmers to improve their allocated land by Decree 64/CP, the local fangeductivity authority will allocate them land with full legal title aming productvity without any fmm PAP cost, or, if requested, cash compensation plus full training assistance .__________.__________ ______________________ packages 35 ITYPE OF DEFINITION OF COMPENSATION It EM LOSS APPLICATriON ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 2 3 4 5 6 3 Periancnt Loss of residential land Legal user with (i) PAP will be entitled to cash compensation for land In case a mnultigenerationial Hi Is necd to loss of without structures built permanlent rights or at 100% replacement cost of the lancd: subclivicled to net family, the re-maining resntiuseateiaffecte ln (ii) Compensation tor trees /crops if yes at full market land is not enough for buiklirig house, the land- use the affected land. )Copriensainfrtes/opIfystfulmkt PAP will be entitled to option Marginal impact on prces compensating land for land as priority, house income and and living standards Cash in lieu of land will be offered only as a last resort or at the informedi request of the AP. Illegal land users (i) No compensation for land, but will be provided without rights use to the assistance corresponding the remained value of affected land. investment on land, 1 1 Temporary Damages by Owner or person with (i) The contractor will be required to pay impact cluririg contractors to private or use rights compensation immediately to affected families, construction public structures or groups, communities or government agencies. land (ii) Damaged property will be restored immediately to its former condition. 36 TYPE OF DEFINITION OF COMPEN ;ATION _I EM LOSS __ APPLICATION ENTITLED PERSON POLI YY _ IMPLEMENTATION ISSUES 1 2 3 4 5 6 Termporary loss of Land users with ( i) Compensation for one harvest of crops/trees at full tt the qIuality of lakid vill he radically arable lari(r legal/legalizable rights market prices changed vwhen return to PAP, reaquiring or temporary land use (ii) Compensation for loss of net income fromn PAP to change in the types ot lanrt Lse, right subsequent crops that cannot be planted for then PAP should he compensated for all the duration of project temporary use, AND envisaged cost ot losses (iii) Restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified, AND (iv) If the duration of project's use the land exceed more than one year, then the PAP have option to: 1) Continue use of the remaining land, keeping with the legal user's agreement, OR. 2) "Sell" it to the Project at 30% of replacement cost ('); This remaining land then will be transferred by the project to local land u se/managernent organizations 37 The Socialist Republic of Vietnam Ministry of Agriculture and Rural Development (Draft) Vietnam Water Resources Assistance Project (VWRAP) RESETTLEMENT ACTION PLAN For DA BAN SUBPROJECT August 2003 Resettlement Action Plan for Da Ban Subproject Table of Contents: I. INTRODUCTION ..................................................................... 4 i. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .................... 4 III SOCIOECONOMIC INFORMATION .......................................................... 8 A. Source of Data .................................................... 8 B. Imnpact oni LaUind and) St Irclures . .................................................... 8 C. Landholdings .................................................... 8 D. Population .................................................... 9 E. Occupation and Income ............9................................... .... 9 F. Living Conditions .................................................... 10 G. Gender and Poverty .................................................... 11 IV LEGAL FRAMEWORK ................................ . 11 A. World Bank's Resettlement Policy ................................ 11 B. Vietnam Laws ................................ 12 V COMPENSATION POLICY .. .............................. 13 A. Objectives for Resettlement ............................................. 13 B. Project Affected People ............................................. 13 C. Principles of Resettlement .............................................. 14 D. Compensation Policy for Loss of Land and Crops ............................ ........ 15 E. Compensation Policy for Residential Land and Structures ........................ 15 F. Compensation Policy for Loss of Income and Business ............................ 15 G. Compensation for Loss of Othier Assets ............................................. 16 H. Compensation for Loss of Community Assets .......................... ............... 16 I. Allowances During Transition Period ... .......................................... 16 J. Temporary Impact During Construction ............................................. 16 K. Rehabilitation Assistance ............................................. 16 VI INSTITUTIONAL ARRANGEMENTS ........... .. ............... 16 A. Central Level ....................... 16 B. Provincial Level ............................ 18 C. District Level ....................... 18 D. Agency for External Monitoring ....................... 19 E. Staff and Training ....................... 19 .................................................................................................................. VIl PUBLIC INFORMATION, CONSULTATION, and GRIEVANCE REDRESS .......... 19 A. Consultation During Preparation of thie Resettlement Action Plan ... 19 1. Public Information During RAP Preparation ................................... ..... 19 2. Objective of Public Information and Consultation ................................. 20 B. Consultation Proposed During Implementation . ......................................... 20 1. Information Dissemination and Consultation .............................. -- ...... 20 2. Public Meetins .................................................... 21 3. Compenisation and Rehabilitation ................................................... 22 4. Publfc Infornmationi Booklet .................... ............................... 22 5. Disclosure. ................................................... 23 C. Grievance Redress Procedure ....... ................................ 23 VIiI BUDGET ....... 24 A. Financing ... ...... 24 B. Flow of Funds ......... 24 C. Adjustiiienti for Ini.lltioii ... . 24 D. Compensationi Prices ......... .............. 24 E. Rehabilitation Assistanice ....................... 25 F. Implementation Costs Defined ....................... 25 G. Cost Estimates ....................... 25 IX IMPLEMENTATION SCHEDULE ............ .............. 27 X MONITORING AND EVALUATION .......... ................ 29 A. Monitoring .......................... 29 2 XICON-=ddV 1:...... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ............ . . . .....-.- u o ije n je A :g .£6uoUOWleflIaBx D~ 6Z.AOIOPOIIGN 5LIoOHLIOLaJ C o ................ ............................buuOiiLuOn~ IeUJ8IX3 *3 I. INTRODUCTION 1. Da Ban Irrigation System is among the largest irrigation schemes in Vietnam and plays an important role in development of agriculture of the country. The system was constructed in the late of the 70s at a time with shortage of investment capital and inadequate teclhnical capacity. After working more than two decades the capacity of the system has been considerably reduced. It has been seriously damaged and poorly maintained due to the lack of financial resources and poor management. The headwork has been seriously damaged with reduced dam safety and caused reduced irrigation water supplied for downstream agriculture, aquaculture as well domestic use. Presently, Da Ban system can only provide irrigation water for 6.300 ha. Areas with shortage of water count up for about 1,500 ha. 2. The Da Ban Irrigation System Modernization Subproject aims to improve water services to be provided by Da Ban IMC through investment for rehabilitation and upgrading the irrigation infrastructure wherever needed, and the introduction of modern irrigation management technologies. The Subproject will contribute to increased water provision for irrigation, domestic and other uses, and improved efficiency of water use and use of land and human resources. The Project is expected to reduce flood and disaster risk from the system. 3. The Subproject will include two components: (i) rehabilitation and upgrading of physical infrastructure of the irrigation system, starting with headwork and finishing by irrigated fields, rehabilitation and upgrading of existing and the construction of new, so far missed, canals and works, combined with access management roads and management stations; (ii) modernization of the management system. Development of the first component will cause resettlement impacts due to permanent or temporarily acquisition of land for infrastructure construction or for civil works. 4. Investment and modernization of Da Ban Irrigation system aims to: * Ensure safety, reliability and efficiency of the system's operation and service, * Make cost of operational management to be low, the system to be easy to operate, easy and flexible to maintain, * Satisfy all reasonable water requirements of agriculture, domestic, industry and improve natural environment and prepare for ecological tourism development, * Create favorable conditions for utilization of labor resources, poverty alleviatioln, arid economic development in subprojects areas. 5. At completion the Da Ban Irrigation System will provide irrigation water for 7,8 00 ha and supply water for 6,000 rural people and water for 350 ha of aquaculture, 54 mln m3 water for Thach Khe industrial and mining zone. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 6. The Project will benetil one provilice. Klanh Hoa, 2 districts, Ninth Hoa anC Van Ninti, anci 25 communes. This resettlement action plan (RAP) is based on the present design and covers only works to be undertakeni in Phase 1. which is headworks, main canals and canals of Ite pilot area. This RAP is prep,ared to cieal with compensation and rehabilitation of affected people. It will be Llpgracied when the technical design has been identified. At project's imnplementation stage. when cietailed technical designs will be available, and project marks can indicate the areas to be recovered then tihe detailed measurement survey (DMS) will able to record all details of losses of the affected people. Such DMS's data will serve as final legal basis for implenmentation of the subproject compensation. rehabilitation and resettlement activities. 4 7. Each component is described as follows: (i) Headworks. Rehabilitation of headwork structures of Da Ban subproject doesn't involve permanent land.acquisition. (ii) Canal system. The identified canals for investment of Da Ban Irrigation Scheme includes the main canal, two primary canals and the subsystems of the pilot area. Main canal of Da Ban scheme is of 1 km length only. Generally, the canal is in good conditions and doesn't require land acquisition. Primary canals: Four primary canals have identified design parameters and have been included in the inventory of Losses survey conducted by the local, Da Ban's, IMC Pilot area: The selected pilot area inclucles subsystems of the two secondary canals N3 and N4 with command areas of 813 ha and 900 ha respectively. Both of these irrigation subsystems belong to the command area of the East Primary canal (Kenh chinh Dong). Their total irrigation areas count for 22% of the whole command area of Da Ban system. 8. The rehabilitation and upgracling of canal system of the pilot area involve following subcomponents: (a) rehabilitate the existing, damaged irrigation canals, construct new, additional canals wherever they are lacking, and rehabilitate and construct supplement irrigation works of the canals; (b) rehabilitation of existing canals and construct additional drainage works; (c) rehabilitate and upgrade water control and delivery works; (d) rehabilitate and upgrade management access roads. These subcomponents are envisaged to require both permanent and temporary acquisition of the land for lining of existing canals or building of new ones so far missing canals of different levels, irrigation works and access roads. 9. The Inventory of Losses (iOL) for all identified canals and the pilot area has been carried out by the Da Ban IMC. Accordinig to results of the IOL, there are 7 communes of 1 district Ninh Hoa of Khanh Hoa province which will be affected in the pilot area. 10. The Project will only cause insigiiiticant resettlement effects: Out of the total 34.4 ha agricultural land lost with 926 affected HHs there is only about 4.2 ha of 291 HHs which will be lost permanently, while the remaining 30.2 ha land of 635 HHs with attached crops/trees will be lost temporarily. Very few (10) HHs will be severely affected due to loss of more than 20% of their agricultural land holding and no HHs will lose their houses due to the subproject. Most of the PAPs have legal status to their affected land. Some HHs have no legal title to the affected farm land. Tablel presents a suInmary of the impacts on the land and structures for all subproject componenits 5 Table 1: Summary of Impacts on Land and Structures for Da Ban Irrigation System Modernization subproject Severe Impact Marginal Impact Total Impact Name of works i Shop/ Agric Red [ H H Resid, HH'- Houses (>20%). RHHsi Agric HH Persons ' ___________ _____ _ j HH... HH (<20%) _ : Head works 01 O! 0 0 0 0 ' Main canal 01 0 3j 8 218 223 974 Wes! Main canal _ °|_ __° 01 3_ _ 8 84 89 389 I Eas: Main canal ! 0 | 0 0 0 134 134 585 Primary Canials I 0 0 5 200 13 289 1261 NiT 0 n -o 2 78 1]; 116 506 I N2T I 0 0 2 87 61 118 515 'N-IT 0 -35 32 -- 55 240 ___-_____ I ______ _ ___ 1_ _- ______ _ ____ I Pilotarca 0 0 2 324 112 414 1808 N3 0 0 2 177 30 191 834 _ _ _ _ _ _ _ _ _ - _ _ _ __ _ _ _ _ _ _ _ _ _ I _ _ _ N4 |0 0 0 147 82 223 974 Total 0 0 10 532 469 926 4043 ________________ Residential Agric. Total Loss of Land (ha) i sResidential Agric est Unused Other Total Head works 0 01 0 0 0 0 Main canal 0.04 13.3 0 0 0 13.3 Wes: main canal' 0.04 5.1 0 0 0 5.1 I East main canal 0 82| 0 0 0 8.2 Primary Canals 4.1 5.3 0.7 0 0 10.1 ~~~I I _ _ _ _ _ _ _ : . _ _ NiT _14 4 1.4 0.5 0 0 3.3 [ N2T t 1.8 2 2i 0.2 0 0 4.2 | N4T [ 0.9 1 7 0 ___ 0 2.6 I Pilot area 7.3 3.7 0 0 11.0 N3 ' 37 j_ 097 - 0 0 0 4.6 _N_ _ _j 36 ! 2.8 0 0 0 6.4 Total 114| 22.3 0.7 01 0 344 Source. invenlory of losses by Da Ban IMC !Key HH household; ha = hectares. L Incljuies ShopiHouses: "'Coinbinee shop/fnities nre nlso inclii(ed in Ithe columnn for Residenlial. Persons is calculated based on average nunmber of mnembers per liouseholdof Thang Binh district and I Tarn Ky towmn Table 2: Summary of Permanent Impacts on Land and attached property for Da Ban Irrigation System Modernization subproject Severe Impact Marginal Impact Total Impact Name of works SIiollp Arric R 1d HH Resid. HH" Houses (>20%). RiH. Agric HH Persons l I HH*-- _ ~~ ~ ~~~~~~HH H (<20%) Head works !o o H o |<20%o o Main canal I0 __- ° 3 it 21 21 92 West Main canal 0 1 ° 3 1 21 1 21 92 i East Main canal 0 0 0n 0 0 Primary Canals o 0 °5 114 103 212 925 IT 0| 0 21 76 44 113 493 N2T _ 0 0 2 25 38 64 279 N4T |0 0 1 13 21__ 35 153 Pilot area 0 0 2 55 5 58 253 N 3 o 0 2 55 7 58 253 N4 _ __ _ _ 1 _ 0 ___ 0 0 Total 0 1 0 10 170 129 291 1270 Total Loss of Land (ha) Residential Agric. Forest Unused Other Total Head works 0 0 0 0 0 0 Main canial 01 02 0 0 0 0.2 West main canal I 0 0.2 0 0 0 0.2 East main canal | _ 01 0 0 0 _ o l Primary Canals 1.3 2.0 0.0 0 0 3.3 NlT .51 0.S 0 0 1.1 | N2T H 0.5 0.9 0 0 0 1.4 fN4T 0'3 | 0 0 0.9 Pilotarea 0.6 0 0 0 0.7 | _N3 _ 0.6 0.1 0 0 0 0.7 I _N4 _ 0 (J 0 0 0 0 | Total , 1.9 | 2.3 | 0.1 o o 4.2 Source: Invenlory ol losses by Da-EBan IMC Kev HH = houisehold, ha - hectares. IncILides Shop'Houses. "'Comnb,ned shop/hoiises r:n aiso includlecl in thIe colimn or Resicential, Persons is calculated based on average niuimber o0 memehrs per househnid of Thang Binh rlistricl and 11. The purpose of this Resetllemeiit Actioni Plani (RAP) is to secure that all project affected people (PAP) will receive compensation for loses dLoe to the Project, and to ensure that the PAP will be at least as well off after thie project as they would have been in the absence of the Project. This RAP is basecl on (i) a census and Inventory of Losses (IOL) of 100% of PAPs in the main/primary canals and all canals and access management roads iclentified in the pilot area; (ii) on a sample HHs socio-economic surveys in the project's affected communes, conducted by Da Ban IMC in 2002 and the consultants in 2003; (iii) on group interviews and discussions in project affected communes, conducted by the 7 consultants during the study in April 2003. Policies for compensation, relocation. and rehabilitationi have been established based on these surveys, applying Vietnam's existing laws and SLib-laws regulations and the World Bank Operative Directives OD 4.30 on Involuntary Resettlement, OD 4.20 on Indigenous People and OPN 11.03 on Cultural Property. Following detailed design of these main components, this RAP will be updated by Da Ban Provincial Project Management Unit (PPMU) to include revised numbers of PAP and updated compensation unit rates for all categories of lost assets and allowances, and following approval the Government and the World Bank, the updated RAP will be implemented by the resettlement committees (RCs) under the guidance of the people's committees of each district and MARD. Careful coordination between all the agencies and ministries will be necessary to complete the different resettlement activities successfully. The provisions and policies of this RAP will form the legal basis for the implementation of resettlement activities for the Da Ban Subproject. II. SOCIOECONOMIC INFORMATION A. Source of Data 12. This RAP has been based on census and land acquisition surveys for 100% of PAP identified at the main and primary canals, and canals of the pilot irrigation areas. Da Ban IMC conducted the inventory survey in April-May 2003. Land acquisition and resettlement requirements were estimated based on detailed land use data in each subproject's area, and on technical designs. A detailed measurenment survey (DMS) will update the findings during the implementation phase. 13. Socioeconomic information has come fromn several sources: (i) household socio- economic questionnaire survey of 40 affected HHs conducted by the IMC in April 2003; (il) group interview surveys conducted by the consultants in all three communes of the project pilot area, including Ninh An, Ninh Dong and Ninh Tho of Ninh Hoa district, in April 2003; (iii) Stakeholder consultation at all levels and review of secondary data/literature on subproject areas. 14. Specific resettlement group interviews with PAPs were conducted to collect data on (i) specific resettlement needs of vulnerable groups which may be adversely affected by the Project, (ii) resettlement concerns and preferences of affected families, and (iii) measures to reduce impact. B. Impacts on Land and Structures 15. Relhabilitation of the main canal, two primary canals and canals of the pilot areas and other related irrigation works of Da Ban scheme will recover about 34.4 ha of land among which only 4.2 ha will be acquired permanently. In total, resettlement impact is posed on four thousand. However, among them only 291 HH (1,270 people) will experience impacts caused by permanent land loss. It includes 170 HHs losing residential land (1.9 ha residential in the total) and 139 HHs losing arable land permanently (in total 2.4 ha arable land). The majority of affected HHs will experience marginal impact due to permanent loss of small part of land or temporary loss of land. The number of severely affected HHs include only 10 farmers who will lose more than 20% of their total land holdings. There is no HHs, which will lose their main house, or any PAP who have to move to other site due to construction and rehabilitation in Phase 1. C. Land holding: 1o. armers usually have several plots of land. The average agricultural land holding in ;he aifected p roject area is ratlihe hi1gh, comparing to the national average: about 0.96 ha 8 comoared to 0.4. However, it varies greatly between the communes surveyed. The poorest in term of arable land is Ninh Dong, where per capita arable land is about 0.3 thousand square meters only, while this indicator in Ninh An is more than 1.8 thousand m2. (see Table 3). Table 3: Average land holding (arable land) (m2) _Averaqe Per capiata Total (m2) land holding arable land __ __ _ _ __ . (rn2/HH) l__m 2er s) Ninh Tho 40ss 408 6 | Ninh Dong 1.1(1 1313 113 Ninh An I(ilc17 lSi. Total _X5) ;s 9X5 _ 18tl) SouJrce: ResIllts 01 Socio-econiomic sulrvey of PAPs, 2003 D. Population: 17. All PAPs surveyed are of the majority Kinh ethnic group. The average number of people in PAP households is 5.3 persons/HH. 50% of the total surveyed were males, and among a total of 40 HHs, only 3 HHs (7%) were headed by women. The average age of the HH's Heads (HHHs) were 50.9 years and their average years of education were 7.0 (see table 4 and 5). Table 4: Population characteristics of PAP surveyed Sample | HH siz Ethnic % Sex ratio 0/0 Active (HHs) tal |Sze 1_ (() labors |__ _ (pers (perslHH) Kinh Other Male Female tpers/HH) Ninh Tho 1 6 6 100 0 67 33 4 Ninh Dong 10 42 42 100 0 43 57 3.0 I Ninh An 29 164 5.7 100 0 51 49 3.3 I_Total l_ __40 _ 212 ___5.3 _ 100 0 50 50 3.3 Source: HHs socio-economic survey, 2003 Table 5: Characteristics of HH Heads surveyed | Sample | HHFi sex Average EdUc. Occupation (HHs) Icjo (Grarlc) _ i.~n Tho Male l.) Farmer Salary } Ninh Tho 1 100 73 3 100 0 Ninh Dong 10 90 57 6.4 100 0 Ninh An 29 93 48 7.3 98 2 Total 40 93 51 7.0 98 2 Source: HHs socio-economic survey, 2003 E. Occupation and Income 18. AgricultLure is the most important source of HHs income of the PAPs surveyed. Out of the total 40 HH Heads. only 1 person had income derived from the non-agricultural sector while the rest 39 were engaged in farmiing as their main source of income (table 6). However, other sources of incomiie supplemented many of the HHs income, of which salary and handicraft was the most common. Table 6: Average Household income and its composition (%) Monthly Income i(1rO0VNOrHHI CHoHos)hon of Income (5) Per cap monthly Total Farming I Liverstock Others' Total Farming Liverslock Salary income Ninh Tho 8000 5000 3000 0 100 63 38 0 111 Ninh _Dong 3392 1047 505 1840 100 31 15 54 67 Ninh An 7849 4138 2238 1473 100 53 29 19 116 Total 6676 3325 1824 1528 100 50 27 23 105 Others include industrial workers, retired, small services, and handicrafts. Source: Socioeconomic surveys 2003. 1 as. Survey results show that there are only 3 PAP who had monthly income below 100,000 VND/person and belong to the poor income group. The well off group was 40% of the total surveyed. Average per capita income was much higher in Ninh An commune than in Ninh Dong. This may be caused by greater involvement of various non-farm activities in Ninh An than in Nonh Dong. Based on the Ministry of Labor Invalids and Social Affairs classification. four income-level categories have been identified: (i) Category I: The poor-income per capita is < D100,000/month. (ii) Category II: The low-income per capita is from D100,000-D199,000/month. (iii) Category Ill: The well-off-income per capita is from D200,000- D399,000/ month . (iv) Category IV: The wealthy-income per capita is > D400,000/month. Table 7: Levels of Monthly Income (%) Sanmple 100 100-199 200-4001 >400 Ninh Tho | 1 0 100 0 0 Nlmh i)'N,. 10 10 50 40 0 NinlhAni 29 6.8 37.9 41.3 13.7 Total 40 7.5 42.5 40.0 10.0 Source: SocioecoFnomiiic survey 2003. F. Living Conditions 20. All the surveyed comnilunes hacd access road with asphalt surface to the commune and electricity. The rural road network was well connected and developed. The social infrastructure was available in all comn unes: al' the surveyed communes had primary schools, health care center and v as connected to telecommunication. HHs' facilities are shown in the Table 8 followed Table 8: Households facilities Lighting Source ot domestic water Toilet at home ,_~~ _ ._._ ___ _ ollier X L From Rainv . El.ectricitv ericroy \Nrl ( C".Ins nihrir i-ilis w.ior Flujshing j lnlririe No ilet Nmnl Tho 100 0) II I t 0 w t Nmnh Doaci I 90 lO 1 (1 10 30 0 20 30 -10 \mhl] \I | _ l 93 3 7- 61 b 0 3 21 31 4 1 Total 90 5 28 6 b 8 3 23 30 38 Sourco Socioecoomirc 5urve'y u0uJ 10 21. The ownership of assets by the PAPs surveyed shows a relatively whealthy picture of their living standards. A large numher of the surveyed HHs possess valuable, somehow luxury for the rural areas such as telephone. motobikes and refrigerators. Up to a third of the HHs surveyed have pumping machine, while some HHs have ploughing, sewing machine and generators. Table 9: Fossession of HHs assets Co.-gune | Fi I Nh. 7I' I IR pin T,,, i T ..,.,, ol,l,hikc t,'fi ivl | C 1.0-m I .i l.... l l | ~~~c.Isse lllCiIe l |urv n,nchlinc NinhTho I()() () 1t)() 1()) 1) () 1(1(1 () (I (I Ninh Dong S() Sl) 1I 211 I) 1) 111 It) I) i NmhAi, 93 55 7(1 41 1 ( 14 59 1 0 10 24 1Total 9') 58 70 38 10 10 55 8 8 15 G. Gender and Poverty 22. According to the Ninh Hn rlistricls statistics, the average poverty ratio is 5.91%, or 2,515 HHs whose per capita income was below standard poverty line set by MOLISA. The commune's authorilies reported thlat the poverty ratios in the communes surveyed was 3.6% for Ninh Dong commune, 6.9% for Ninh An commune and 5.3% for Ninh Tho commune. The results of the survey confirmed about the relatively low poverty level in the communes surveyed. According to the PAP the main reasons causing poverty was lack of arable land for cultivation, lack of capital for investment, unemployment or health problem, poor education, lack of experiences and production know-how, and single HHs. 23. Generally there was no discrimination against women. According to the survey, there was around one quarter of the local administration staff including leadership was occupied by women. However, women still experienced disadvantages compared to men. They are the ones who bear main family workloads after the same working ours earning income as like men. Single mothers and HHs headed by women are facing more difficulties than other ones in term of labors, capitals and voice. Still, the women were not adequately involved in the decision making process. To improve gender equality, the subproject should provide training/capacity building and make sure that special attention will be paid to local women and ensure women's equal participation in the whole subproject's cycle, including the implementation process. Ill. LEGAL FRAMEWORK A. World Bank's resettlemenit Policy 24. The main objective of WB's Policy on Involuntary Resettlement is to ensure that PAPs should be assisted to irnpro-e their living standards, income level and income generating capacity, or at least would be as well off as without the project. This policy aims to avoid involuntary resettlement whenever feasible, to minimize resettlement where population displacement is unavoidable. The policy stipulates that lack of legal certificate on land will not be an obstacle for a part of affected people to be entitled to compensation and rehabilitaLtion. The policy requires that compensation for all losses should be made at replacement cost, without depreciation and deduction of savage materials.. 111 B. Viet Nam Laws 1. Relevant Vietnamese Acts and Bylaws 25. In recent years. the Governmnent has formulated several ruLies and regulations to protect the interests of displaced persons Relevant acts and bylaws that govern various aspects of lanid acquisition ancd resettiucnlut iniclude: (i) The ConstitUtion of the Socialist Republic of Vietnani, dated 15 Apr 1992. (ii) The Land Law. dated 14 .July 1993, amended on 2 December 1998 (iii) Decree 87/CP, dated 17 August 199.3, on the stipulation of the frame for the price of various categories of land. (iv) Decree 64/CP, dated 27 September 1993, on the distribution of agricultural land to households for tong-term use. (v) Circular No.05-BXD/DT, dated 9 February 1993, on the classification of house types. (vi) Decree 22/CP, dated 24 April 1998, on compensation levels ancd other allowances for land and structures recovered for the national and public interest. (vli) Decree 17/CP, 4 May 2001. on Management and Utilization of ODA 2. Decree 221CP 26. In April 1998, the Governient issueld a major decree regarding compensation for land acquisition. Decree 22/CR on Compensation for Daniage when the Stale Recovers Land for Use in National Defense, Security, National and Public Interests. The Government has also issued guidelines for Ihe implementation of this Decree (145/1998/TT-BTC). By issuing Decree 22/CP the Government: (i) added new stipulations to accommodate with the major changes in compensation unit prices, objects to be affected. assistance levels, etc. in Viet Nam since 1993. Many of these stipulations have proven themselves appropriate with ongoing WB, ADB and other donor-funded projects in Vietnam; (ii) provided general provisions for conipensation processes and procedures to all organizations and individuals who need to acquire land; and (iii) assigned, in detail, the responsibilities of the government agencies concerned in implementing the Decree. 27. Generally, Decree CP/22 meets the objectives of WB's policy on involuntary resettlemnent, however, some discrepancies can be founcd regarding the compensation of PAPs withoLut legal rignts. Table 9 presenlts itle main areas of discrepancy. Table 10: Discrepancies Between Decree 22/CP and WB Policy Decree 22/CPP | WB Policy | Project Policy Article 7: Any person whosc latnnr is 1- he ,bs ine it lormal if clpl All projert aftected people, recovered and who has not met one of title lo anId by some allected irrespective of tenure status, social the conditions of Arniclc 6, or who has JioiipS shouid Ilot prevent or economic standing. will be entitled violated the plan. or wiho violates the compensation. lo be compensation or assistance for protecting corridor work, or wno iliegally their lost assets. incomes, and occupies land shall not receive businesses at full replacement cost con;censation when the slate recovers and provided wilh rehabilitation the iand In case of necessity, the measures sufficient to assist them to Prov:ncial Peorle's Comrritiee shalt improve or at least restore their pre- consider and decide on a case-by-case proqect livinia standards, income uasis, _ . _ _levels and productive capacity. 12 Decree 221CP i WB Policy Project Policy AriicLe °: The compensation rates shall Compensate all affected Replacement cost surveys have oc deterrnined on the basis of local persons, including thiose been carried oult and will be car-ied Drices for land issued accoroing to the without title to land, for all thcir out by the project staff to eiisure that Provisions of the Government. and then losses at replacement rales | project rates tor all categories ot loss multiplied by a coefficient to ensure the will be equivalent to replacement collmpatibillty of hl coCoipensation wilt cosl at rurrent mArket valuie tn he the proitlabililva ml Ic Iic 1_1ric: oti u1dr u led at Ille lime ut coiripeusaltiii assignment of the lanid use right in thie commUnrlty MI IICI : I 1t Iou H l nadXlrrtiTm L le ol criniponsalo all atlecled FuIll compensation at replacenment comnpensation shall not exceed 100% persons, inctuding those cost will be paid for all affected and tnt minimum level shall not be Without title to land, for all tiheir structures without any deductions for low.er than 60% of the value of the losses at replaceterlt rates. salvageable materials or nouse or constructic 1, pricea according depreciation. to the construction price for new buLildings with technical stanidards eouLvalent to the affected. Article 18 People without legal permi-t n Alt -rotect affected persons Full coirpensation at replacement construction shall only receive 80% in will be entitled to cost for all Project affected structures compensation in rural areas and 70°/n in compiensation irrespective of irrespective of legal entitlement. urban area. People who violr-e zoning the legal status in both rural area will receive no compensation and and urbani areas. illegal construction shall be forced to disantle it._ _ _ V. COMPENSATION POLICY A. Objectives for Resettlemenit 28. The objectives of the Vietnamilese legislation governinig the resettlement and rehiabilitation of displaced persons and of WB's policy concerning involuntary resettlement have been adapted for the preparation of this RAP for the Da Ban Irrigation System Modernization Subproject. They are set out below. An entitlement matrix is shown in Appendix 1. The policies and principles adopted for the Project supersede the provisions of relevant Governement decrees currently in force in Vietnam wherever a gap exists between WB's Policy on Involuntary Resettlement and Vietnamese law. 29. The main objective of the Resettlemenit Plan is to ensure that popttlations affected by the Project should be at least as well-off, if not better-off, than they would have been without the Project. Affected populations shoItld be able to maintain and preferably improve their standard of living and quality of life i. Minimize the Adverse Impacts from the Project 30. Considerable attention has hleei dlirectedl duiring the Project's techinical clesign stage and througih modifications to various design parameters. to minimizing adverse imDacts as well as the niuiLiber of houselholds that wouldc be severely affected due to thie loss of agricULliura1 land. Related actions arc the followincj: (i) Alternative options withi ifOC9itication of technical desicin have beetn taken tito consideration to avoici or reciuce permanent land acquisition wherever possible. (ii) All the canals will be linete on that side of canals where the less of land currently in use woulIc be affected. (iii) The time of closing water for civil works will be based on PAPs' recommendation, which correspond to their needs and cultivation calendar. 13 ii. Compensation and Assistance 31. Compensation and assistance will be provided to ensure that the economic and social conditions of the PAP are at least as favorable as they were in absence of the Project. The compensation policy, which encompasses compensation for all affected assets, along with rehabilitation measures as suggested in this RAP, will ensure that all PAR are able to, at minimum, restore their income, standard of living, and productive capacities to pre-project levels. Specific measures to ensure restoration of incomes and living standards of PAP includes compensation for lost assets based on: (i) Land-for-land of equivalent productive capacity and at a location suitable and acceptable to the PAP, or (ii) at the request of an PAP, who has been inforned regarding the options, cash [or land or a combination of tIe two. iii. Compensation at Replacement Cost 32. Compenisationi for all types of affectecd assets, including residential and commercial strLlctures as well as standing crops and trees, will be paid at replacement cost. Compensation for affected land will be made either in the form of a tracle, land-for-land of equal productive capacity at a location acceptable to the PAP, or at the specific request of the PAP, in cash at replacement cost to ensure that PAP can restore their income generating capacity and income levels. iv. Community Participation and Consultation 33 The preparation and implementation of the RAP is to be carried out with the full participation of, and in consultation with, the affected households and their representatives. Intensive public consultations have been carried out in the preparation of the RAP. Group interviews were conducted at commune level in the project areas to inform local populations and to identify their needs and requirements. In addition, four resettlement group interviews were conducted in the project pilot communes in order to collect data on (i) vulnerable groups whlich may be adversely affected by the Project. (ii) resettlement preferences of affected families, (iii) measures to reduce impacts, and (iv) adequacy of compensation prices issued by the provinces. Further public consultations will be carried out during the implementation stage with a focus on specific activities including assessment of compensation, acquisition of land, and design of rehabilitation assistance planning. The Public Information Campaign and Consultation Program is described in Chapter 7 of this RAP. The PAP will also have well defined avenues for redressing their grievances as described in Chapter 7. B. Principles of Resettlement 34. The following basic principles have been adopted for the Project: (i) The populations affected by thie Projec. are defined as thiose who may stand to lose, as a consequence of the Project, all or part of physical and nonphysical assets, incliding homes, homesteads, productive lands, commercial properties, tenanicy, income-earning opportunities, social and cultural activities and relationships, and other losses that may be identified during the process of resettlement planning. (ii) Involuntary resettlement will be minimized by icdentifying possible alternative project designs, and appropriate social, economic. operational and engineering solutions that have the least impact on populations in the project area. (iii) The cut-off date for comrpepisatinn eligibility for physical assets affected rlie to rehabilitation, upgrarlinc of existing and construction of new. so far missed of the system, canals/irrigation works will be the date of completion of the detailed measuLremi-ent survey and census after detailecJ technical design will be completed for these components. (iv) A census and detailed mneasurement survey and baseline socioeconomic survey will be carried Out for all subproject components after detailed design of each and in updating of the RAP. (v) All PAP will be entitled to be compensated for their lost land and standing crops/trees at full replacement cost to assist them to improve or at least restore their pre-project living stancdards, income levels, and productive capacity. (vi) All affected populations will be equally eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing, and any such factors that may discriminate against achieving the objectives outlined above. (vii) Preparation of the RAP and its implementation is to be carried out with the full participation of affected people. PAP comments and suggestions will be duly taken into account during tihe design and implementation phases of the resettlement plans. (viii) Adequate budgetary support will be fully committecd and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implemnenlation period. (ix) WB shall not approve of any civil works contract for any subproject to be financed from the loan proceeds unless the Government has completed satisfactorily and in accordance with the approved RAP for that subproject compensation payment and ensured rehabilitation assistance is in place prior to obtaining possession and rights to the land. (x) The detailed RAP for implementation will be translated into the local language and placed in project and commune offices for thIe reference of affected people as well as any interested groups. (xi) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Evaluation of the land acquisition process and the final outcome will be conducted independent of the executing agency. C. Compensation Policy for Loss of Land 35. The Project will acquire some land acquisitions. There are two types of land use rights fotiind in the project affected arca: permianrent or leagizable and temporary land use rights. Below are set out principles of comp)ensation: 1. Land Users with Permanent or Legal Use Rights 36. For arable land that will be permaniently affected, the PAPs will be entitled as follows: (i) Marginally affected PAP. PAP with losses less than or equal to 20% of their total agricultural lanrlholdinigs, will be entitled to cash compensation for crops and trees at market prices, AND cash compensation for acquired land at 100% of replacement cost. (Ii) Severely affected PAP. PAP with losses of more than 20% of their total agricultural landholdirngs, will be entitled to cash compensation for crops and trees at market prices AND first priority for land-for-land of equivalent productive capacity at a location acceptable to the PAP or, if requested, cash compensation for the lost land at 100% of replacement cost AND rehabilitation assistance (skills training for one family member in a rurrent or new occupation and a training allowance, provision of agricultural extension services to increase the prodticlivity of remaining land, an d priority for project- related job opp)ortLillies. 15 2. Land Users With Temporary or Leased Rights to Use Land 37. For arable land will be permanenfly affected, thie PAPs having Temporary or Leased Rights will be entitled as follows: (i) PAP are marginally affected: PAP wilh losses Ilss than or equal to 20% of their total productive capacity will be entitled to cash compensation for acquired land equivalent to 30% of land replacement cost; AND cash compensation tor loss of crops and trees at full market prices; (ii) Severely affected PAP: PAP with losses of more than 20% of their total productive capacity, will be entitled to cash compensation for crops and trees at market prices, AND first priority for land-for-land equal to 30% of affected area of equivalent productivity at a location acceptable to PAP, or, if requested, cash compensation for the lost land corresponding to 30% of replacement cost. For poor and vulnerable, including landless, PAPs, who prefer to continue farming but have land less than of a standard size provided by Decree 641CP, the local authority to assist them to obtain land of area equal to minimal standard size, with permanent land use right, OR training rehabilitation measures, including job training and training allowance for its working memberis if no land available for provision; 3. Land Users Without Permanent or Legal Rights to Use Land 33. Households occupying and uising land without permission from the commune will be entitled to compensation for crops and trees at 100% of market prices, They will not be compensated for land but will receive assistance corresponding to the investment in the land. 39. For poor and vulnerable farmers affected who are landless and have not been aliocated land before will be entitled to: (i) assistance by local authority to obtain land of an area equal to the minimum standard size, with full legal title to the land, and/or (ii) transition assistance and rehabilitation measures, including social assistance allowance, job training and training allowance for its working member(s) if no land available for provision; 4. Loss of Standing Crops and Trees 40. For annLial standing crops, compenisation wilt be paid to households who r.ultivate the land accordinig to the luIll market value of lIhe allected crops, regardless of the legal status of tile land. For perennial plants, compiensation will be paid according to the full market value of the affected plants, regardless of the legal status of the land. If the plants are not yet ready for harvest, compensation will include the total cost of initial investment and care uritil the time of the land acquisitiorl. In case perennial plants can only be harvested once, compensation will be paid for the total cost of investmients and care calculated ulitil the time of the {and acquisition. Compensation will be in cash. 5. Loss of Residential Land 41,. Tnere are no structures on the affected residential fand, and PAPs will be entitled to compensation in cash at 100%k, of the replacement cost of the affecled land. 16 6. Secondary PAPs 42Q. This applies to those affectecd by acquired areas needed for construction or for individual resettlement or group resettlement sites. Because all secondary PAP are likely to be arfected through aoss of agricultural land, they wili be entitled to compensation and rehabilitation assistance in accordance with the same provisions for all other PAP. D. Compensation Policy for Structures 1. Loss of Graves 43. The level of compensation for the removal of graves will be for all costs of excavation, relocation, and reburial. Compensation in cash will be paid to each affected fam i;y. E. Temporary Impact During Construction 44. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occiur, the contractor will be required to pay compensation immediately to affected families, groups, communities. or qnvernment agenries at the same cnmpensalion rates that shall be applied to alt olher assets aflected by thie Project. In addition. dlamaged property will be restored im mediately to its formier conditioni. 45. For arable land that will be temporary affected, all PAPs are entitled to compensation for loss of crops and trees at market prices, AND compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use: AND restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified, AND if duration of temporary land use is equal or exceeds two years, then the PAPs are compensated as for permanent loss of land. F. Allowances During the Transition Period 46. The following allowance amounts are indicative only. At the time of compensalion, allowances will be adjusted to account for inflation. For severely affecled farmer HHs, rehabilitation assistance of amount not least than VND 3.000,000 per HH will be given. The concrete form of assistance to the farmers will be precisely identified in the project implementation stage throtigh investigation andi intensive consultation with the entitled PAP to ensure adequacy and effectiveness of rehabilitation assistance in meeting with actual needs of PAP. In may be in form of trainin1g plus training subsistence allowance or in cash which combined with relevant technical assistance. In addition, HHs having special social support will be provided wilh a special social assistanice not less than VND 1,000,000 to rehabilitate their living standards. IV, INSTITUTIONS INVOLVED IN RESETTIEMENT A. General Organization 47. The implementation of resettlemicnit activities requires the involvement of agencies at the national, provincial, district and comrmtune level. Under the responsibility of MARD, resettlement committees shall be established at the provincial and district level according to the provision of Decree CP 22/1998. The provisions and policies of the RAP will form the legal bases for the implementation of resettlement activities for the Da Ban suhproject. 1 7 B. Ministry of Agriculture and Rural Development 48. IslARD is responsible for the realization of the VWRAP Project, on behalf of the Government. A Central Project Management Office (PMO) will be established in MARD. at iNiARD's Department. which is resl)onsible for Management and Modernization of Hydrolic works. The PMO has responsibilities for overall project management and implementation. For each V/vRAP Subproject will be established a Provincial Project Management Unit (PMMU) or a Subproject Implementation Unit (SO). The PMO with the PPMU/SiOs will, in coordir,ation with relevant agencies, manage and supervise the overall Project including resettlement activities and land acquisition. Successful updating and implementation of the RAPs will require ciose coordination between MARD and other ministries and agencies as well as between PMO, implementing agencies, and all local resettlement committees. Resettlement capacity will be established within the PMO to coordinate all resettlement activities with full-time assistance of consultants. Siniilar capacity will be established within the implementing agencies to implement resettlement for each subproject. The consultants will provide technical assistance to strengthen the social capacity within the PMO and implementing agencies. The PMO, with assistance of the consultants, will take overall responsibility as follows: (i) Providing overall planning, conrdination, and supervision of the resettlement program. (ii) Guiding implementing agencies in updating and/or preparing RAPs and implemilenting resettlemenit activities in accordance with the Policy Framework and the approvedl RAP; and if any mistakes or shortcomings are identified ttirough internal and/or external monitoring of RAP implementation, ensure that the objectives of the RAPs are being met. (iii) Finalizing RAPs and obtaining Government and WB approval before implementing approved RAPs. (iv) Coordinating compleied implementation of approved RAPs for each component with the award of civil works contracts for each component. (v) Providing resettiemnent training to implementing agencies, all PPMU/SIO staff and RCs at all levels, and to the external monitoring organization. (vi) Providing the budget for resettlement activities. (vii) Establishing standard procedures for information campaigns and stakeholder consultation such as monthly newsletters to communities on project activities. (viii) Providing coordination with other components and various agencies involved in resettlement planning and implementation. (ix) Establishing tiaison mechanisms to ensure proper technical and logistical support to implemilenitinig agencies and RCs. (x) Establishing standardized PAP databases for each comiponent, as welt as for tie Project as a whole. (xi) Establishlitig procedures tor oncloing internal monitoring and review of project level progress reports ntd for tracking compliance to project policies. (xii) Establishing procedures for monitoring coordination between contractors and local communities and for ensuring. prompt identification and compe:asation of impacts to public and private assets during construction. (xiii) Recrliting, supervising, and acting upon the recommendations of the external monitoring organization. (xiv) Establishing procedures for the prompt implementation of corrective actions and the resolution of grievances. (xv) Reporting periodically on resettlement activities to the WB. C. Provincial People's Committee 49. The PPC is the principal auithority at the provincial level. Khanh Hoa PPC is responsible for setting lup ancl rlirectinig a coLuncil of compensatiorn, which will be called the Provincial Resettlement Committee (PRC). The PPC is also responsible for reviewing and 18 approvin,c the RAP. The PPC is responsible for the final decision on compensation Lnit costs, subsidies, allowances, and supporting policies for PAP and vulnerable affected groups, in accordance with this RAP. The PPC is responsible for the approval of project land acqtisition. Khanh Hoa PPC is also responsible for organizing the coordination between the related institLutions and provincial departments for the implementation of the RAP, and to execute compensation and resettlemnent plans effectively. D. District People's Committee 50. The District People Comrnmittees are responsible for identification of land and structure legality, and appointing members of the DRC and assigning functional tasks for the DROC. E. Implementing Agency 1. Da Ban Subproject Implementation Unit (Da Ban PPMU) 51. Da Ban PPMU will be responsible for implementing this RAP. Responsibilities will include the following: (i) Preparation, implementation, and monitoring of RAP. (ii) Guiding the resettlement committees at all levels in implementing the approved RAP and imptlein enting resettlemerit activities in accordance wilh the resettlement policies specified in the RAP. If any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensuring they are addressed so that the objectives of the RAP are met; ensuring proper technical and logistical support to the Khanh HIoas and its districts' RCs. (iii) Guiding and supervising the RCs whiie they carry out the Land Acquisition and Census Survey (LAS) to identify exactly the number of affected households and the extent of losses to be compensated, guiding local RCs in following compensation entitlements and procedures as defined in the approved RAP, and submitting compensation! assistance costs for approval. (iv) Implementing informiation campaigns and stakeholder consultation in accordance with established project guidelines, supervising the compensation payment process and the implementation of the RAP. and redressing grievances concerning resettlemilent activities in collaboration with RCs. (v) Coordinating with olher line agencies to ensure delivery of mitigation and support measuL-es. (vi) Providing income restoration and other social support under the Rehabilitation Assistance Program. (vii) Impementing estabfished procedures for internal monitoring, establishing and maintaining a PAP databases fcr each subprojecl in accordance with estab ished project procedures and providing regular reports to the PMO and ali data to the externmai monitoring organization. (viii) Imrplemnenting prompt corrective actions in response to internal and external monitoring, and resolulion of grievances. (ix) Coordinating project-relaled employment for PAP (consulting contractors about employment opportunities for local people, informing PAP about opportunities and how to avail of the opportunities). (x) Implementing established project procedures for monitoring coordinationi between contractors and local communities and for ensuring prompt icdentification and conipunstitiori of imipacts to puLblic anC private assets during construiction. 2. Provincial Resettlement Committee 52. The PRC of Khanh Hoa will be responsible for (i) implenmenting, on behalf of PMO, all resettlement activities within the provincial territory tinder tlhe PPC's management. andi signing contracts for the implenmentation of some resettlemilent components; (ii) establishing and strengthening resettlement committees at district and commLine levels: (ii) guiding all resettlement activities of provinces, districts and communes in accordance with the project policies and directives; (iii) establishing compensation unit prices for land and siructures in collaboration with other provincial departments; setting up procedures for land acquisition and allocation and submitting them to the PPC for approval; coordinating, supervising, and monitoring the implementation of resettlement activities in the province: (iv) isstuing guidelines aboul resettlement activities within their power, namely: (a) compensationi prices for land, structures, crops, etc. (b) identification of land and structure legality: (r) procedlures of land acquisition and allocation; and (d) approval of compensation charts for PAPs and affected public facilities, etc.: (v) directing andl monitoring the DMS process, finalizing compensation forms, preparing com pensation charts to submit to the PPC for approval: (vi) accepting and handing over the sites to the implementing agencies: and (vii) cooperating fully with the external monitoring organization. 3. District Resettlement Committees (DRCs) 53. The DRCs will be responsible for (i) planning and implementing, on behalf of the District People's Committees, all resettlement activities in their districts under the direct professional guidance of the PRC. If authorized by the PPC to be completely responsible for the resettlement activities in the district in the case that the PRC will not be established, the DRC will play the same role as the PRC; (ii) pianning and implementing all resettlement activities in the district; (iii) finding adequate land for individual relocations; (iv) being responsible for LAS, finalizing compensation forms, preparing compensation charts to submit to the PRC, and paying compensation directly to each AP after receiving the funds: (v) establishing inspectors to redress PAPs grievances on resettlement policies and entitlements: (vi) establishing, if necessary, commune resettlement committees (CRC) and directing their operations during the implementation of the resettlement activities; (vii) cooperating fully with the external monitoring organization. F. Agency Responsible for External Monitoring 54. One agency specialized in the social sciences must be identified in order to carry out socioeconomic surveys, monitoring, ancd evaluation of RAP implementation for the Project. Thev will submit periodic reports on the implementation progress and make recommnendations regarding the issues icrentified. The terms of reference and rmethodology for monitoring are presented in Section 10. 20 G. Staff and Training 55. One full-lime specialized resettlerienit staff will be recruited for each PPMU/SIO. The PM`vO and the consultant team will assist in fulfilling/performing their resettlement responsibilities. These peopie should have background on social sciences or anthropology, computer skills. qood experiences or will be trained on resettlement issues, preferably be proficiency in spoken and written Encglish. Depending on the scale of resettlement impacts of each subproject, a full time or part lime resettlement staff will be required for local resettlement institutions. 56. As Khanh Hoa suproject poses both marginal and severe resettlement impacts on PAP 'nd involves three different of clistrict level units, there will be needed a resettlement council at provincial level, ie Khanh Hoa PRC, to ensure implementation of a unified resettlement policy throughout project affected areas. This PRC will focus in assisting the PPC on decision-making of the issues related to subproject's resettlement policy and probIems arising under Khanh Hoa PPC competence and within its administrative boundaries. At town and district level, there will be established town and District RCs, which will be the implementation bodies responsible for implementation of day-to-day resettlement activities within their district's boundaries and authorization. 57. All full tlile and part time staff anidl decision making involved in project resettlement implementation will be trained on the WB's and GOV projects resettlement policy, methods of public consultation, negoliatioin etc. Specific resettlement skills training will be provided to numerators. impiementation staff in resettlement implementation procedures, techniques, unifed DMS forms, and management of the PAPs database. V. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations During Preparation of Resettlement Plan 1. Public Information During RAP Preparation 58. The consultant provided information about the Project regularly. Actions taken were as follows: (i) Group interview surveys were conducted in communes affected by Phase 1 project activities. Specific resettlement group interviews with affected persons were also conclucted. In addition, stakeholder meetings have been organized at the provincial level with Khanh Hoa PPC, district people committees, lKhanh Hoa DARD, IMC (ii) A Socio-Eononiic HHs surveys were conducted both for the benefited and, specifically, affecled areas of the Da Ban Subproject. The group interview surveys were conducted in 4 affectecl communes of the project pilot area. The surveys combined have provided useful socioeconomic information on agriculture, socioeconomiiic, cuilturat, etc. Each meeting involved from 7 to 30 persons. The majority of tlhese persons were farmers from the different villages in the commiunes. Representatives of local farmer groups and other organizations, as well as officials from municipal and district levels attended the meetings. Women were also represented in common meetings and also discussed in separate groups. The HHs questionnaire surveys were conducted in 2002 and 2003, and the group interview surveys were conducted in April 2003. (iii) Spec6fic resettlement group interviews with affected persons were conducted in the four mentionecl communes. 10-30 persons potentially affected by the project attendecl these rneetings. This survey. conducted in April 2003. was designed to collect data on: (a) vulnerable groups which may be adversely 21 affected by the Project. (b) resettlement preferences of affected families, (c) measures to reduce impacts, and (d) adequacy of compensation prices issued by the provinices. (iv) A stakehiolder meeting with Khanh Hoa PPC also focused on resettlement issues, oni possibility and commitment of the PPC to follow a project's approved resettlement policy, whicih reflectinr' the WB's and GOV resettlement objectives ancl principles. (v) In addition, affected households preferences regardiing resettlement and relocation were investigated through socioeconomic surveys (300 questio inaires). 2. Objectives of Public Information and Consultation 59. information dissemination to, in consultation with and with the participation of, affected persons and involved agencies will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive deve:opment program to suit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of investments. The objectives of the puiblic information campaign and PAP consultation program are as follows: (i) To ensure that local authorities as well as representatives of PAPs will be included in the planning and decision-making processes. The PMO and the PPMU/SIO in Da Ban will continue a dialogue with the Provincial People's Committee and the District People's Committee during Project implementation. PAP involvement in implementation will be continued thereafter by requesting each district to invite PAP representatives to take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP, as well as information about their reactions to proposed policies and activities. (iv) To ensure that PAP are able to make fully informed decisions that will directly affect their income and living standards, and that they will have the opportunity to participate in activilies and decision-making about issues that will directly affect then. (v) To obtain the cooperation and participation of the PAPs and communities in activities necessary for resettlement planning and implementation. (vi) To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. B. Consultationis Proposed Durincg Implementation 1. Informnation Dissemination and Rehabilitation 60. During project implementation, the inmplementing agency responsible for resettlement (Da Ban PPMU), assisted by the project consultants, wiill undertake the following: (i) Provide information to resettlement committees at all levels through training workshops. Detailed information on project policies and implementation procedures will be provided. ii) Conduct information dissemination and consultation for all PAPs throughout the life of the Project. (iii) Update or establish provincial unit prices, and confirnm land acquisition and impact on properlies throLIgh the DMS. (IV) The P.RC/DRC will then apply prices, caiculate compensation entitlements, and complete the Assets Compensation Forms for each affected household. InFormation on entillements will then be presented on an individual basis to PAP n ihe Land Acquisition and Census Survey fol1ow-up visi: ¶o each household. (v) The Assei Compenisation Fornn, shovwing (Ihe household's affected assets and conpvensa.ilOn enltIlenienr wili lhbn neeld to be s gine( by the PAPs lo indicate their agreement with the assessment. Any complaints the PAPs have about the contents of the fhrn. will be recorded at lhis timne. (vi) Consultationi regarding PAPs preferred rehabilitation assistance program. This applies to severely affected and vulnerable PAPs. The social support team will inform PAPs of their entitlement to rehabilitation assistance under the Rehabilitation Assistance Program, before asking them to indicate their preferences. 2. Public Meetings 51, Prior to the beginning of the cletailed design, a public meeting will be held in each harmiet to provide PAPs with additional information and an opportunity for open disctussion abotut resettlement policies and procedures in each affected hamlet. A lelter of invitation will 'Do sent to all PAPs after the LAS has been completed at least 2 weeks before the meeting in lhei- reDa t.s rmeelir. is rierded to cziar fy infcrrra-ion that nas been g-ven to date anrd to provide A0s witll the c;pportlunily to discuss isszes c:- ccncerrm arid obtain claril calionr. In addition to a lettur informinig the PAPs, other mneans will be used to inforn PAPs and thie general public suich as posters in prominent locationis in the communes and districts where RAPs currently reside: radio, television, and newspaper annoLincements. The letter and notices will advise the tirne ancd location of the mneeting, and who can attend. Both men and women frorn affected hoLseholods will be encouraged to attend, as well as other interested co-nmmnit'y members. The meeting witl explain the Project, and households' righis and enti:lemen-s. and there will be opportunities lo ask questions. Such meetings will be conducted ceriodically curing the life of the Project. 62. Relevant information will be given to the RAPs at the meetings (verbally, graphically, ar,d or, printec information sheets). Extra coples of the printed information sheets will be available at municipel and district offices throughout the project area. The meetings will follo. tIhe 'olJowirg farm ra': (O Explanations given verbally and ir, visual formal. including written information and draw,ngs of the proposed desgign for the differenl component of the Projec:. (ii) Adeqtia-:o orporn-i-tires ji. lh prov.clVicrld for PAFs to respunt. witlh questiccns and commerints. PAPs w,l be encouraged tc contribute their ideas for PAP rehabitalaDn oplions. (iii) The DRC will estal)listh ai omieinlet list ol ilt PAPs present at thle meelings. (iv) The D.RC will make a complete record of all qLuestionis, comments, opinions. and decisions that arise ciuring the inforination/consultation meetings. and present a report of all Ithe meetilngs ho tlhe S10. 63. Informationi about the follovsinrj will be given to the PAP: ( ) Pro,oct components. This incldes the places where they can obtain more detailed information abULut the project. (ii) Project impacts. Impacts on the people living and working in the affected areas oF the project inCldCing expalinations aboLit Ilie niee(d for land acquisition for the reservoir, thie canal network, and other project components. (iii) PAP richts and entitierments. These vilt be defined for PAP [vi;h the cul-off dale). The rignts and enl.tlemenits For clifferent categories of PAP, including 2'2 the entitlemenits for nhose los rig tbusinesses, jobs and income. ODptions for and-tcr-lanc and cash. Options rega;rding reorganizing and individual resettlernient. and provisions and entitlerments to be provided for each, Entitlerment to rehabi itation assistance (;v) Grievance mechanism and the appeal process. PAP will be informed that project policies a;n(I procecdires are designecd lo ensure their pre-project livinig standards are restoredl. PAP will also be informecl that if there is any confusion or misundierstancding about any aspect of the project, the commLine or district resettlement committee can help resolve problems. If they have complainis about any aspect of the land acquisition, compensation, resettlement, and rehabilitation proceSS, includillg the cormpensation rates being offered for their iesses, they have the right to make complaints and to hiave tlieir coinplaints heard. PAP will receive an explanation about how to access grievance redress procedures. (v) Right to participate and be consulted. The PAP will be informed about their right to participate in the planning and implementation of the resettlernent process. The PAP will be represented on commune resettlement committees. andc the representaltive for tthe PAP will be present whenever communulle! district/provincial committees meet to ensure their participation in all aspects of the project. PAP will be consulted about the training and training preferences in current or new occupations for all PAP whose income levels and living standards are adversely affected due to loss of agricultural land or other assets. (vi) Resettlement activities. PAP will be given an explanation regarding compensatiotn calculations and compensation payments, monitoring procedures (whichi will include interviews wilh a sample of PAP), and prelimina-y information aboul phiysical works procedures. vii~ Organizational responsibilities. PAP will be informed abou.tl the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as Ihe names and positions of the Government officials with phione numbers, office locations, and office hours if available. (viii) Implementation schedille. PAP will receive the proposed schedule for the main resettlement activities and informed that physical works will start only after the completion of all resettlement activities and clearance from the projnct area. It will be clarified thal they will be expected to move only after lull payment of compensation for their lost assets has been allocated to them. Implementation schedules and charts will be provided to resettlement committees at all levels. 3. Compensation and Rehabilitation 64. A letter of notificationi will be senit to each PAP with the time, locationI, atnd proceduire for receiving compensation payment. Severely affected and vujlnerable PAPs will he personally contacted to confirm their preferences for rehabilitation assistance to take necessary actions to respond to their specific needs. 4. Public Informationi Booklet (PIB) 65. To ensuire that PAP. ltheli repirrscntatives, ainc the local government in thie affected areos fully ulnderstand tihe details of Ite roselttlenienl progran. and that they are informed atoout the compensation and rphahilitation packages applicable to the Project, a Ptiblic Infornmation Booklet (P18) will be prepared by the PMO, in consultation with WB. This booklet wilt be distributed to all PAP in the protect area before DMS. General contents of the PIB will include the followtnq: 2C Brief Description of the Project. Implementation Schedule, Project Impacts, Entitiements and Rights of PAP, Resettlement and Rehabilitation Policies for All Types of Impacts, Institutions Responsible for Resettlement. Information Dissemination to and Consultations with F'roject Affected People, What To Do if PAP Have a Question or a Problem, Grievance Procedure, and Independent Monitoring. 5. Disclosure 66. In addition to disclosure to affected people and communities, this RAP or a summary will be displayed at public place such as at the PMO, Khanh Hoa PPMU (SO), local provincial and cristrict RCs, Provincial Information Center to disseminate information about the Project to all interested parties/stakelholders. C. Grievance Redress Procedure 67. In order to ensure that PAP grievances and complaints on any aspect of land acquisition, com,pensatioO, and resettlemetnt are addressed in a tim1ely and satisfactory manner a grievance redress mechanisimi needs to be established. Suich a mechanism will ensure that all possible avenues are available to PAP to air their grievances and dhat thery are well defined. It is also important that all PAP become aware of the established procedUres for the proposed grievance redress mechanism. The detailed procedures for both redressing grievances and the appeal process will be publicized among all PAPs through an effective public information campaign. The grievance redress mechanism and the appeal procedures will also be explained in the public information booklet distributed to all PAPs. 1. Contents of Grievances 68. PAPs can lodge their complaints regarding any aspect of compensation entitlement, compensation policy, rates, land acCliisition. resettlement and entitlements relating to rehabilitation assistance procranms. Complaints hy PAP can be lociged verbally or in written form, but in case they are lodgecl verbally, the commnittee to which it is lodged will write it down during the first meeting wilh the PAP. PAFs, who present their case to the PMO, District People's Committee (DPC), or PPMU will be exempted from paying any fees. In addition, PAPs lodging complaints and appeals to district courts will be provided with free legal representation. 2. Grievance Procedures 69. A four-stage procedure for reciressing grievances is proposed. This includes: Stage 1 - Complaints from PAPs on any aspcrt nf the resettlement program, or un- addressed losses shall first be lodcgerd verbally or in written form to thie People's Comim1ittee at communc level. The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the people's cominittee at commuine level. The People's Committee at commune level will he responsible for resolving the issuie within 15 clays from the clay it is lodged. Stage 2 - If no undclers landiuq1i or aMi icble solution can be reached, or it rio response from the people's commi1ittee at c ouitnune level is received by the PAP withinr 15 days ot registering the complaint. lie/shie can appeal to the District Resettlement Committee, The vice-chairiman of the DPC will hear PAP in person, and PAP will be invited to produce documents, whiCh support his/her claim. The complaint muist be settled within 2 months of registering the original complaint. The DRC will provide a decision withini, month of the registering of the appeal. 25 Stage 3 - If the PAP is not satisfiecd wilh the decision of the DPC or its representative, or in the absence of any response by the DPC, the PAP can appeal to the Provincial People's Committee. The Provincial People's Cornmittee together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC. Stage 4 - II t'ie PAP is stiltl not salisfiecl wilh the clecision of the PPC or PRC on appeal, or in absence of any response from the PPC within the stipulated lime, the PAP, as a last resort, may sLibmit his/her case to the district coLrt. Vtll. BUDGET A.Financing 70. The Central Governinent will pay resettlement cost related to land acquisition of primary and secondary canals while comnperisation for the tertiary and of field levels canals will coyne from local biudget, or by contribution of the direct beneficiaries, The Tatter will be based on intensive ciscussion and consultation with farmers to find out the ways for farmers/beneficiary to obtain equitable contribution to development of the tertiary/on-farm small canals, and adequate options has been presented as compensation for the involved losses. B. Flow of Funds 71. The PMO will be responsible for channeling funds for land acquisition and resettlement to thie PRC which will be responsible for the payment of compensation directly to affected persons for land. crops, trees, houses, other structures and for the various allowances. The PMO will also be responsible for contracting an external organization or other institution) that will be engaged for independent monoitoring. C. Adjustments for Inflation 72. The cost estimates in this RAP are based on 2003 prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually, based on the actual annual inflation rate. The PMO, together with the provinces, will determine the annual inflation rate and ensure the necessary annual adjustments are made to compensation rates and to all cash entillements. 73. D. Compensation Prices 73. The basis of prices used for land acquisition andl resettlemenit indicate the prices issued by the PPC and the prices tused for cost estimites at the tinme of the study in 2003. The compensation amount in the detailed cost estimates in Table 11 includes a 10% contingency. (i) The current conipeis-iion i and reselilemenli costs are based on: (a) land acquisition and censub surveys conducted in April-May, 2003: (b) identification of dlifferent ca.tegories of impacts, resettlement policies, and entitlemiients described in Section 5: (c) provision of Decree 22/1998 on compensation and resettlemilent: (d) compensation prices issued by Khanh Hoa provinces in1998: and. (e) rapid assessment of replacement cost made by consultants. based on avaMtable intorimiation gathered in April 2003. (iii According to Decree 22 (Article 8) the prices for compensation shall be decided by tie Provifncial People's Commi1ittee For each specific project. For 26 prosent purposes, tlIe price lists issued by Khanh Hoa province in the Decision 2424/1998/QD-UB, on 28 August 1998. concerning Unit comnpensation prices for crops and trees within Khanh Hoa province, and Decision 242511998/QD-UB, on 28 August 1998, concerning Unit compensation prices for houses and structuLres within Khanh Hoa province in case of land acquisition for public, national security. safety, national and public interests, and for its other similar and recent projects, and validated and/or adjusted by the consultants during preparation of the study, have been applied for preparation of this RAP. (iii) In order to avoik complaints and to ensuire fair coinpensation prices for affectecd persons. compensation prices used for cost estimates in the RAP have been based not only on prices issued by the provinces, but also on price suirvey conducled in the affected areas. However, to comply to some extent with the Linit prices issued }by the province, for cost estimates the consultant used the higher unit prices, than those provided, for land and other categories of losses. (iv) During the detailed design of the Project, the subproject will revise compensation unit prices for all categories of loss (land, crops, and trees) to ensLire PAP receive actual replacement cost at current market value at the time of compensation. PAP and local authorities will be consulted on the proposed rates before they are finalized. E. Rehabilitation Assistance 74. Severely affected farmers and other vulnerable households will be entitled to assistance to restore or improve their pre-project conditioris. These costs will be updated at the time of compensation to a4djust for inflation. F. Implementation Costs Defined 75. Costs for land acquiisition and compensation will be fully funded by the Government. Resettlem7ent administrative cost includes performing resettlement activities by PPMU/SIO and resettlement consultant, and management fees for various resettlement committees, implementing agencies. It consists of cost for the payment of salaries, per diem, logistics, management fees, etc; cost for Detailed Measurement Survey (DMS), evaluation of assets lost, pricing application; public information and dissemination. preparation Project Information Booklet, posters, milaterials anid dissemination of information; cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 76. A budcget will be provided for trainingi oF full time and/or part time staff involved in the project resettlement activities. Contents of the training will cover such topics as resettlement pol.cy of the project, of WB -.nd the Vietnamii current resettlement policy; outstanding reseltlement issues, stakeholder participation; methods of public information and consultation. Specific resettlement topics and skills, for example, the DMS and compensation fornis, evaluation of lost assets, identificationi of entitlements. Training will be providedi to particular groups of resettlinmenl officials ancl consultants. Training of staff and consultants for capacity building is set to VND 154,000 (E 10). 77. Monitoring costs inclurtes CostS br inIteinal a,nd extern7al monitoring, which is set to 3%jo. A contingerncy. cost is set to 1 0"o, as shown in table below. 27 G. Cost Estimates 78. The estimated costs of resettlement fot the all land and crops/trees cost affected by project's identified components in Phase 1 is VND 8.006,207 ($519,883) as shown in Table 1 1 below. Table 11: Estimated Costs Project Perrmanent Land acqstion Unit Quantity Unit rate Total cost Total cost componen; Acqu isition lHHs impactsJ of losses (1000 1i000 VND) 1USS) reqd (ha) severely entitlements VND) _ aftected East NMain Land lannual crops) cania n; 1 O lerniporrny loss n2 9.050 2 18.100 1.175 C..rops m2 9,050 2 18.100 1 175 Land ti!renirwil crops) 1cl1i1Js .lvy 51:1. ni2 72,638 2 145,276 9.4341 Trees Trees 2,087 843.550 54.776 Land (Ar.LNIacllR, r1m2 leiipoeiary) 160 2 320 21 Acquaculltire m2 160 7 1.120 73 k1.est hlain Lannd )Annual crops) m2 3,930 20 78,600 5,104 canalt 0.2 permanenl loss Land (Perenial crops) m2 3.260 10 32.600 2.117 permanent loss Land (Annual crops) mn2 2 13.840 899 temporary loss 6920 Lane iPerenial cropS) m2 35.525 2 71,050 4.614 temporary loss Ricelainnual crops m2 10,850 2 21.700 1.409 Lannn (acquaculture) m2 1,700 50 85.000 5.519 pernlnlent) Laiind (acliactiloure) m2 135 5 675 44 trlipora F,ish/s1rr-n nm2 IR35 7 12.845 834 1rees Iree 3.702 227.415 14.767 Rehtahild.tollu ii t 3 3.000 9.000 584 Assistance NiT t_iad (Arinu2l crops) m2 5.442 20 108,840 7.068 1 .1 pernmanenl loss Lanicd (Annual crops) mr2 8.939 2 17,878 1.16 1 lemporary loss Land (resiclenizil mn2 5.350 100 126,000 8,182 Ipermalleni oss) Lind rU;SICdriLtuOl 1112 8.bt6 2 6,600 429 (temporary loss) Lantt Forest 112 1.260 10 143,810 9.338 permanent loss Laild (torest) mt2 3,300 2 1.292 84 lemporary lobs Crops imm2 14.381 2 28.762 1.868 Trees i1n2 SIM 227.050 14.744 Rch trlnrlias.on1 [Htf 2 3.000 6.000 390 ilsssl,'I c.o Conal N2- 14 k-.l,l tAilul,\ 1jlSi ii? 9.219 20 18.1.380 1 1,973 dnt, it,rnaral rlirpsI Ii2 13.141 2 26,282 1.707 Irl;'..: tJm (/CrIii,l,, S.l it"'' I (Do, 6a I P', ENTITLEMENT MATRIX for Da Ban subproject 7 YPE OF DEFINITION OF COMPENSATION ITEM LOSS APPtIICA'FION ENTITLED EPESON POLICY _IAPLEtMENT'ATION ISSUES 2 3 4 5 6 1 1 . 2 _ _ - ~~~~~~~ ~ ~~~ ~ ~ ~ ~~~~~~~~~_ ___ _ 5 1 Pcrninnnzlit Less thar 20%'.of total Legai user with PAP vill be erititled to: FIH vtitnout LURC but their nartie lisled in Iloss nf oi ah!e affected assets lost due permanerit rights to use (i) Cash compensationi for acquired land at iou'; of the land boov'- of tthe corrm1nwe and st" no.s j tokn'l I to acquisitaon of arable the affected land, and replacement cost, and using that la'd are considered as fully letOla lordt: temporan uSer v.who will (k) Ca;h cormpenisation for crops and trees at mjnr't users be legalized before prcs Klerenl imnpact on compensation as a , i the viahit' of ttie renain i ng land is less hoaiseb-ofct wcole and permanient u ser Ithan the ni'iinuin viable econonmic unit hv,no S,andzlrds I then [tle e" re piece of land would be acquired anc the PAP v;ould fall undeo the _____ _ I ___________ _ _____ _ ____________ _ _ _ _ j nextcae c_ I Land Users With (ii Cashl compensation for- acquired land equiva!ent to I Tenrorniry or Leased 3C',-. of land replacement cost AND Rtghts to Use Land thiat (li Casax compensation for loss of crops a id trees at full can not be legalized as mar'et prices: ___________________ ____________________ long term land user - i I Illegal laidusers I (i i\io cnmpensatiori for land, but will receive assistance equal remained investment on the land 1 !' I (ii) Compensation for crops and trees at 1 00% of rn | Perrnafierit v)a.e phan 20°% of total |Legal user with t (i) Compensation for loss of trees and crcos at futli |SkillNraining *uith trainiri19 allowancewill1 be I loss of arable affecreo assets lost due t permanent rights to use 1 market price appiied in case if the option "land for larid lanid to acau:sition io arable Ithea;ffe_ied laiid and ..caninot be ava,lable. ait auserwho will (il) As priority, compensation "land for land' be legazed before equivalent productive capacity at a location A combined extension assistance should . Se :ere!rmoact on compensation as a acceptable to the PAP or, if requested, cash I be taken to help the poor and household incor-ne and permanent user. 2 compensation for the lost land at 100% of disadvantaged PAP to improve their replacement cost: AND ~~~~farming techniques arid productivity on their lvinlg standards. replacernent cost: AND eangia remaininig lai'd (iii) Rehabilitation assistance: I |-| - skills training and training allowance. provision of agricultural extension services, and - priority for project-related job opportunities. 34 i-;njii V~iii'~ &Suppoii - V, f'".1r', ( 'e;onlii? ur ?t,n inn;n ytn P~-'i.re' 'i'' La B 1n :. gatJion syut';bt ;IxuK Sflit' TYPE OF DEIIINO ICOMPENSATION I ITEMI LOSS APPLICATION [ENTITLEU PERSO1` POLICY IMPLEMENTATION ISSUES I3 1-4 -5 LandUic a vJwit (i) AIs priority, comipensationi 'land for land" equ If ltite value of rerrinoiiid investmient put Tein orary or [.ea,ed 30%of the PAP affected area, or IPAP on the affected landl is trndouLbtOdlI1,~ FRigh'ts to 'Use Land that (i)~ cmesto qiaet~~~higthnr than the comptusating valuc,: whict can not be legaaUzed as rIepla,shcmpentcsatiand trainieng tsois0% ol la is eq,ual to 300% of the l-and, thec PMvO and( long termi lann, user r0 lceen ANDt an riigRssfn,- fe C will revise andl adljost adiequately cns,t (iii) Cash compenisationi for- toss of urops an by- case full miarket prices; Illegal lard users (i) Cash compensationi for loss of crolps and trees at Rehabilitation) assistanice. will be provided I t fL!l market prices: Ipoor and disadvantaged PAP it thIcf (ii) N~o com-pensation for land if theo user have be=en comipenisation optboii will be appled a ocated land followed Decree 6-1tOP A comlbinied Extenisioni assistance wvold hie (rit Fur the poor and disadvantaged PAPs having r-a, relevant to assist the poor ard lalr, for cultivation or those have not bee n alloca'ed disadvantaged farmTers to impl;rOve thtei ta--J by Decree 64/CPR the local authority AIll farming productivity allocate thiem land with full legat title wittIOLut anl'. frenti PAPs cost, or, if requested, cashi compensation plus full rehabiliataion assistance Perm nent -. ____ ___ ____ ___ __ _ ___ ____ ___ ____ ___ pa:kages]_ _ _ _ _ _ _ _ _ _ _- loss of oso eidnilln Legal user wih i PAP will be entitled to cash compensation for land In case a rmultigenierational HFIIs need to residenill without structures bolil! permanent rights or at 1 00% replacement cost of the land; sujbdividied to net family, the remiaining land land thlereorn leagelizable rights to is not enough for building house, the PAP use the affected land - (ii) ComTpensation for trees /crops if yes at full market will be entitled to option compensating land Marginal impact on ~~~~~~~~~prices for land as priority, and house incom-e and Cash in, lieu of land will be offered only as a living standards last resort or at the informied request of the _ _ _ _ A P _ __ _ a Loss of . iCrops located within Household who PAD are entitled to compensaUion in c-ash at market PAP will be given niotice several months in stanoinig crops withiin project areas cultivates the land. value. advance regarding evacuation. Crops recoveredJ for canals growni alter issuance of the dleadline wilt and the ROW of the not be coniipensated- Icanal network or affected by other prjc t cooiiiponnnt_ _ _ 35 V *.q-cWt L ;I:tr Hcsotl;cc uplic.it - tp, ii r O ':inen( 2: ,,!Mild,imztat)toi of fitigatiofi Sy-Izcrus Res' tltui;elt A(:', n Pr.'i, fT! Da Bait Ir'iyar,,;Sy.t,ti rWc , a,.'. inn Si l ent | TYPE OF DEFINITION OF COMPENSATION l ITENI LOSS _APPLICATION ENTITLED PERSON POLICY - IMPLEMENTATION_ISSLES 1 + 2 3 4 5 b 5 t Loc; i(, tlr-is Trees lunated within Household who PAP are entilled to compensation in cash at markt.v prolect areas recovered occupies tile L.ind value on the basis of type, age, and productive value valParticular crops tltat htave specinr. fr,h for canals and the where trees are located valLpe wil be case be ase ROYW of the canal irrespective of laicic netrvoror- affected oy tenure status PAP who have beeii noticed by conimletrit other pr oe,-rt authnrity not to use the land %ithiw !hit I colmlponiint. ROW/ of the canal netwvork will not he compensated for violation and thresten - _ ^ X t ___ damage on Irrication neNvork _ Ir I renolpoll I Damagres by OOwiieror person with (i) The contractor will be required to pay 11ii1) 'l dtirinur I contractors to private or use rirahts compensation immedia'ely to affected fanitties. ICn':stlrl1S i pU-'L!C s'uctLlres or groups, communities or government age9tce-s I am I (il) Darnaged property will be restored initnerfiate I to I ______________________________ _____ !its torm er condition.i Te-iporary loss o' Land users '..'rth (i) Corraensation for one harvest of crops/bees at ,ull If the quality of land will be radically arasle land legalitegalizable rights maket prices cnanged when returrn to PAP. requ'rI!tu or temlporary lanid use (it) Compensation for loss of net income from i PAP to change in the types of land usr, ! I , righlt subsequent crops that cannot be planted for then PAP should be compensated for 3ll the duration of project temporary use, AND envisaged Cost of losses (iii) Restoration of land to its previous or better quality by providing measures to improve land I I quality in cases of land being adversely * , | affected or acidified, AND (iv) If the duration of project's use the land exceed more than one year, then the PAP have option Il f to: 1) Continue use of the remaining land, keeping with the legal user's agreement, OR, 2) "Sell' it to the Project at 30% of replacement cost ('); (I) This remaining land then wili be transferred by the project to local land use/management organizations 36 Ministry of Agriculture and Rural Development (D raft) Vietnam Water Resource Assistance Project (VWRAP) RESETTLEMENT ACTION PLAN For DAU TIENG SUBPROJECT August 2003 Resettlement Action Plan for Dau Tieng Subproject Table of Contents: INTRODUCTION .................................................. 4 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT . .................................. 4 Ill SOCIOECONOMIC INFORMATION . ................................................ 7 A. Source of Data ......................... . 7 B. Impact on Land and Structures .......... .. 7 C. Landholdings ........... .. 7 D. Population ........... .. 8 E. Incom e ........................ ..................................................................... 8 F. Living Conditions. ....................... 9 G. Gender and Poverty ................ ,., 9 IV LEGAL FRAMEWORK .................................... 9 A. World Bank's Resettlement Policy .................................. 9 B. Vietnam Laws .................................. 10 V COMPENSATION POLICY . .................................. 11 A. Objectives for Resettlement ...................... . 11 B. Project Affected People .........................,,..... 11 C. Principles of Resettlement .. 12 D. Compensation Policy for Loss of Land and Crops . .13 E. Compensation Policy for Residential Land and Structures. . 13 F. Compensation Policy for Loss of Income and Business . . 13 G. Compensation for Loss of Other Assets . .14 H. Compensation for Loss of Community Assets . .14 I. Allowances During Transition Period ..14 J. Temporary Impact During Construction . ................................ 14 K. Rehabilitation Assistance ..14 VI INSTITUTIONAL ARRANGEMENTS . . .14 A. Central Level ..14 B. Provincial Level ..16 C. District Level ......... 16 D. Agency for External Mvonitoring ..17 E. Staff and Tr-aining ..17 VIl PUBLIC INFORMvlATION, CONSULTA-TION, and GRIEVANCE REDRESS 17 A. Consultation During Preparation of the Resettlement Action Plan .. 17 1. Pubiic Information Durincg RAP Preparation ......................................... 17 2. Objective of Public Information and Consultation .18 B. Consultation Proposed During Implementation . ......................................... 18 1. Information Dissemination and Consultation .18 2. Public Meetings .18 3. Compensationi and Rehabilitation .20 4. Public Information Booklet. 20 5. DIsclosure ......... 21 C. Grievance Redress Procedure. ........... .. ............. .............. 21 VIII BUDGET ..... 22 A. F;nancinci ....... .........2.............2....................................... ...................... 22 B. Flow of Funds ......... 22 C. Adjustmen t for i nflation ................... ........................................................ 22 D. Compensation Prices .....2.. ....... ................................................... 22 E. Rehabilitation Assistance .................. ......2............................ ....... ... 23 F. Implementotion Costs Defined ....................... ....................... 23 G. Cost Estimates ....................... ............. ...................... 23 IX IMPLEMvlENTATION SCHEDULE ........................... 24 X MONITORING AND EVALUATION ........................... 26 A. Monitoring ................. 26 B. Internal Monitoring ............. .... 26 C. External Monitoring .....................................................2............... 27 D. Mvlonitoring Miethodology ...................... ........ 28 E. Evaluation.............. ............. 28 APPENDIX Entitlement Matrix ................................................................. .................. ........ 29 I. INTRODUCTION 1. DaLi Tieng Irrigation System is one of the largest irrigation schemes in Vietnam and it plays an important role in aevelopment of agriculture in the country. The system was construc'ed in the late of the 70s at a time with shortage of investment capital and inadequate technical ability. After about three decades of existence, the capacity of the system has been considerably reduced. It haLs bIeen scriously damnaged, poorly maintained dLue to the lack of tinancial resources and poor management. The water service has been worsened both in quantity and quality. The headwork has been seriously damaged, reducing dam safety and mkni:igation actions have been taken at the expense of reduced irrigation water for downstream agric.ulture and aquaculture as well clomestic use. Presently, Dau Tieng system can only provide ir-igation water for 63,000 ha and 3.0rnii:5 of water for domestic and industrial uses. The water provision is about 40% of the designed irrigation capacity of the system only, and it satisfies the current doinestic and industrial watei uses with 43%0 of its designed target only. The big gap between service and demand has been the results of the incomplete canal system. 2. The Dau Tieng Irrigation System Modernization Subproject aims to improve the water service provided by Dau Tieng IMC to local users in both quality and quantity through investment for rehabilitation and upgrading the irrigation infrastructure wherever needed, and introduction of modern irrigation management methods. The Subproject will contribute to increased water provision for irrigation, domestic and other uses, and improve efficiency of water use. The Project will also reduce flood and disaster risks. Improved operation build on financial sustainability of the scheme would increase agricultural productivity and invigorate the local economy. 3. The Subproject wiNl ilucitIde Itwo components: (i) rehabilitation and upgrading of physical infrastructure of the irrigation system, starting with headwork and finishing by irrigated fields. Rehabilitation and upgrading of existing and construction of new, so far missed, canals and works, combined with access management roads and management stations will also be part of this component; (ii) modernization of the management system. Development of the first component will cause resettlement impacts due to permanent or temporarily acquisition of land lor infrastructure construction or ior civil works. 4. Investment and modernization of Dau Tieng Irrigation system is aimed to: • Ensure safety, reliability and efficiency of the system's operation and service, * Make cost of operational management to be low, the systenm to be easy to operate, easy and flexible to maintain, * Satisfy all reasonable water requirements of agriculture, domestic, industry and improve the natural environment and open for ecological tourism development, * Create favorable conditionis for utilization of labor resources, poverty alleviation, economic developmnent in subproject's areas. At completiorn expected in 2010 tihe Dati Tiennq Irriqalion System-n will provide irrigation water for 111,080 ha of agricullural land and supply waler of 19.6 m3/s for domestic and industrial uses '1or 1,6 millioni people in seven districts in ilay Ninh piovince and one district under Ho CHi Minh City. 11. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 5 T he Project will have resectliemeni impacts on 8 communes of 2 districts: Chau Thanh and Trang Bang, province Tay Ninh and one district under Ho Chi Minh City. This resettlement action plan (RAP) applies to Ihe components of Phase 1 of the Subproject, which includes 4 headworks, main canais, and c.anals ot the pilot area. This RAP is prepared to deal with compensation and rehabilitation of affected people of the currently identified components of the Scheme. When detailed technical design become available and project marks indicate its recovered areas, a detailed measurement survey (DMS) will be undertaken and serve as the final leaal basis for implementation of the subproject compensation, rehabilitation and resettlement activities- Each component is described as follows: (i) Headworks. Rehabilitation of headwork structures of Dau Tieng subproject involves reinforcement of existing infrastructure and doesn't implicate acquistion of new land. (ii) Canal system. The identified canals for investment of Dau Tieng Irrigation Scheme includes main canals and the canal subsystems of three pilot areas. Main canals of Dau Tieng scheme includes three main canals: Kenh Chinh Dong, Kenh Chinh Tay and Kenh Tan Hung with the length of 45.2km; 38.4km and 29.0km respectively. All of them are earthen made canals and have unstable bank conditions, easily subject to erosion and alluvium. Pilot area: Three selected pilot areas includes subsystems of the canal N17 routed from the Main West Canal (Kenh Chinh Tay); the Canal N20 routed from the Maion East Canal (Kenh Chinh Dong) and the Canal 31-A and N31A-27 belonged to subsystem of Cu Chi district. 6. Generally, the canals are in poor conditions, seriously eroded, broken due to poor maintenanice and lack of capital for investment. The width (cross sections) is usually wider Ihan the designed parameter as a result of erosion. The bed has been filled up with silts, hindering the water flow to pass through. All these result in reduction of water, which convey only 40-50% of the designed discharge. All priimary canals have been included in the Inventory of Losses conducted by the Dau Tieng IMC in May - June 2003 7. Rehabilitation and upgrading of the canal system in the pilot area involve the following: (a) rehabilitate the existing, damaced irrigation canals, widening the narrowed sections, construct new, construct additional canals wherever they are lacking, and rehabilitate and construct supplement irrigation works of the canals; (b) rehabilitation of existing and construct drainage works; (c) rehabilitate and upgrade water control and delivery works; (d) rehabilitate and upgrade management access roads. Development of these subcomponents requires both permanent and temporary acquisition of the land for lining of existing or building of so far missed canals of different levels, including land for irrigation works and access roads S. The Inventory of Losses (IOL) for all identified canals and the pilot areas has been carried out by the Dau Tieng IMC. According to results of the IOL, there are 8 communes of 2 districts: Chau Thanh and Trang Bang, province Tay Ninh, which will be affected by the subproject. 9. The Project will cause total loss of 79.1 ha land of 1144 HHs, of which 53.8 ha of are lost permanetilly and 25 2 ha amo lnsl leimpmj.-raily. Among o tIc tolal 1144 HHs affecled, there are 1139 HHs losing 53.8 ha agricultural land, and 7 HHs losing 0.1 ha residential land permanently. There are 31 farmninig HHs losing more than 20% of their agricultural land holding, but no HH will be severely affecteac ue to loss of residential land. Most of the PAP have legal us to their affected land. Tablel presents a summary of the impact on the land and structures for all suproject components. 5 Table 1: Summary of Impacts on Land and Structures for Dau Tieng Irrigation System Modernization subproject Severc Impact Marginal Impact Total Impact Name of works Shiop/ Agric R Rid1 HH Rcsicl. HH. HOuSCS (>20°0/%). H Agric HH Persons ______________ HH~~~~~~~~ HH ~ HH Agi H esn ; HH-i' ' _HH _ (c20%) Head works 0 ° 7 16 20 45 Pilot area of 0 437 468 1989 _i i_o_t are_a of 0 0 __ 0 656 656 2788 Canal N20 I__ Total o 31 7_ 1109 1144 4862 __ __ _ I_ 0L __ _ 0 Total Loss L of Land W2T R ~~~(ha)_ _ _ _ _ N12Ta woksesidential i gric. Foreost Unused Other Total _ _________ 02 0 0 0 1.3 - . _ _ ____ _---- , , . r-nIot arca of 0.) ; CanaIN___ -- - 0 38.2 C a n alI N 2 0 0 _ _ 3 9 6 o n - _ _ _ 396 Total | 02 78.9 0 0 0 79.1' Source: Dau Tieng IMC IOL of May, 2003 * Ir7cluding both permanent and temporary impacts 10. The purpose of this RAP is to deal with compensation and rehabilitation of project affected people ensuring that all project affected persons (PAP) will be at least as well off after the project as they would have been in the absence of the Project. The RAP is based on (i) a census and Inventory of Losses (IOL) of 100% of PAPs in the headworks, main/primary canals and all canals and access management roads identified in the pilot area; (ii) on a sample HHs socio-economic surveys in the projects affected communes, conducted by Dau Tieng IMC in 2002 and the consultants in 2003; (iii) o00 group interviews and discussions in project affected conmmunes, conducted by the consultants during the study, May 2003. Compensation, relocation, and rehabilitation have been established based on these surveys by applying Vietnam's existing laws and sub-laws regulations and the World Bank Operative Directives OD 4.30 on Involuntary Resettlemiient, OD 4.20 on Indigenous People and OPN 11.03 on Cultural Property. Following detailed design of these mairn components, this RAP will be updated by DaLu Tieng SLibproject Implementation Offices (SIO) to include revised numbers of PAP and updated comnpensation unit rates for all categories of lost assets and allowances. Following approval by the Government and the World Bank, the upclated RAP will be implemented by the resettlement committees (RCs) under the guidance of the people's committees of each district and MARD. Careful coordination between all the agencies and ministries will be necessary to complete the different resettlement activities successfully. The provisions and policies of this RAP will form tne legal basis for the implenmentation of resettlemnent activities for the Dau Tieng Subproject. RB Ill. SOCIOECONOMIC INFORMATION A. Source of Data 11. This RP has been based on censu.s andi land acqcuisition surveys for 100% of project affected people (PAP). The Dau Tienyg IMC conducted the inventory survey in May 2002. Land acquisition and resettlement requirements were estimated based on detailed land use data in each subproject's area, and on the technical design. New census and detailed measurement surveys will be necessary during the implementation phase to update the number of people affected by the Project. 12. Socioeconomic information has come from several sources: (i) househ'old socio- economic queslionnaire survey of 141 HHs conducted by the IMC in 2002; (ii) group interview surveys conducted by the consultants in two selected communes of the two project pilot areas, including Dong Khoi commune of Chau Thanh district and Loc GHung of Trang Bang district, in May 2003; (iii) Stakeholder consultation at all levels, and (iv) review of secondary data/literature on subproject areas. 13. Specific resettlement group interviews with PAP were conducted to collect data on (i) specific resettlemnent needs of severely affected farmers and vulnerable groups, which may be adversely affected by the Project, (ii) resettlemenl concerns and preferences of affected families, and (iii) find measures to reduce impacts. B. Impacts on Land and Structures 14. Rehabilitation of the headworks, main, primary and secondary canals and canals of the pilot areas and other related irrigation works of Dau Tieng scheme, will recover about 79.1 ha of land among which 53.8 ha will be acquired pernanently. Permanent and temporary impact on --ririjltuiral land in total will be posed on 1,140 HHs with 4,862 people impacted. No HH will have to be relocated, but there are 31 HHs losing more than 20% of their agricultural land. The total residential land affected are 0.24 ha with 7 HHs affected. Of these only 0.1 ha of residential land of 7 HHs will be lost permanently and other 0.1 ha will be lost temporarily. C. Land holding: 15. It is common for farmers to have several plots of land. The average agriculItural land holding was 4.279 m2 for the Pilot area ol Caal N20. Trarng Bang district, and 9,703 m2 for the PAP of the pilot area of the canal N17, Chati Thanh district. (see Table 2). Table 2: Average land holding (arable land) (m2) lol, (n12) Avorers Iand 7 Per capiata arable , ; i hokiiing (m2/Hi) | land {ni2/pers)_ iarea N 17 (C.l au 'SIS .I I 1.2 (e7 9(*9 E i nanh disalrict)_ Subsystem oi pilot area N20 (TranO ' .-.l';( ').70i I .611 Banj district) I Total [ 7.31 1. 176 6_534 1.5011 Source: Resuits oi Invenilorv. of ios,sr- (i iAiAs, 2003 I" D. Population: 1 E. All PAP are of tne majority Kinh ethnic group. The survey results of PAP again conifiti'med that no ethnic mininority group) is living in the subproject area. According to results of HHs socio-economic survey conductecd by Dau Tieng MC, the average HHs size is 5.0 persons/HH. The males are 51.1 °/n compared to the 48.9% of female. E. Income 17. Agriculture is the most important source of HHs income of the PAP surveyed. Table 3 below shows the dominant role of agriculture in HHs income. Aquaculture contributes up to 10.5% of HH's average income, while non-farm activities (including salary works and hired works) count up for 15% of the HH's income. Table 3: Average Household monthly income and itF composition (%) Average I L. _ - - ~ per capita Fafimin | Liverso ! ACJuncI:rlt Trade, hired Total monthly i n ir.k | re Salary works Others average income Sonq Khoai (VND) 394 88.0 209 117 47 0 856 222 t>; to ilal HH Income) 46 24.4 11.4 13.7 6 0 100 Hiep Hoa 407 135 75 31 13 55 696 121 0 to tt1al HH inco,nr ._) 58 20 11 5 2 8 100 Total 396 223 85 95 38 10 815 196 (%to total HH income) 49 23 11 12 5 1 100 Source: Socioeconomic surveys 2003. 18. Based on the Ministry of Labor Invalids and Social Affairs classification, four income- level categories nave been identified: (i) Category I: The poor-income per capita is < D100,000/month. (ii) Category Il: The low-income per capita is from D100,000-D199,000/month. (iii) Category Ill: The well-off-incomile per capita is from D200,000-D399,000/month. (iv) Category IV: The wealthy-income per capita is > D400,000/month. Results of the survey show that less IhnIn onie litlih ol PAP surveyecd lhave per capita monthly income below 100,000 VND, hDeloricnirjg lo iltin pror income group. The well off group count up for 26% of the total surveyed. Thie wealthy group was 9% of the surveyed HHs of Song Khoai comm11une, but is none was in the wealthy group in Hiep Hoa commune. Table 4: Levels of Monthly Income (%) Sampic- -I (C. 100-199T 200-400 >-400 K**zI iul-,, _ _23 13 43 35 9 , lI,kiu Ho., _,8 25 75 olaotl 31 I 52 26 6 Source Socioeconornic suive; 2033 F. Living Conditions 19. All the surveyed communes have access road with asphalt surface to the commune and electricity. The rural road network is well developed, concreted. The social infrastructure is available in all communes: all the surveyed communes have primary schoots, health care center, and connection to telecommtunication. HHs facilities are shown in the Table 5 below. Table 5: Households facilities (in % to lotal HHs suirveyed) Lightiing Source of domestic water Toilet at home - ~ 1~ - l - -l- -~ - - 1on other I PUmL IIng Traditional Rainy Pond/r Fitis water t El eciric.ly jenergy Vefl j CErlhen watrer iver hing Lain strfac Others ________ ________ d____ _ _ ,__ well n_ _ L r ._e _ jPilo area of 1 - canal N17 95 5 59 36 5 5 20 50 201 10 pio la area of l anaIl N 0 98 22 81! 16 _ 0 11 34 37 18 Total 96 | 4 28____ 28 _3 3 16 35 28 _21 Sourc;e: Socioecono,nic sLurvey 2Q02. 20. The PAP surveyed shows that half of the HHs (56%) possess a TV, mostly color TV: 60% had radio- cassette; 30% had a motorbike: and 3%, had a tractor. All of them had wooden furniture, 13% have radio cassettes and 1 1% have milling machine. G. Gender and Poverty Conditions 21. The poverty ratio for the project area was 7%. The poor anticipate their main problem to be lack of capital for investment in production and shortage of labors. Thus, their concerns regarding the project was fairness of compensation at replacement cost so that they could restore their income generation capacity, and be sure not to be worse off after project completion. 22. Generally there was no discrimiration against women. However to ensure gender equality and participation of womnen training and capacity building should be provided with special attention to ensuring the vulnerable groups throughout the project cycle. IV. LEGAL FRAMEWORK A. World Bank's resettlonment Policy 23. The main objective of WBs Policy on Involuntary Resettlement is to ensure that PAP should be assisted to improve their livinqg standards, income level and income generating capacity. or at least wouid be as well oft as without the project. This policy aims to avoid involuntary resettlement wnenever feasible. to minimize resettlement where population displacemen: is unavoidable. The policy states that lack of legal certificate on land will not be an obstacle for a part of affected people to be entitled to compensation and rehabilitation. All persons affected by the Project should be included in the compensation, resettlement, and rehabilitation package and special attention should be paid to the poor and the vulnerable 9 people. The policy requires that conmpensation for all losses should be made at replacement cost, without depreciation and deduction of savage materials. B. Viet Nam Laws 1. Relevant Vietnamese Acts and Bylaws 24. In recent years, the Government has formulated several rules and regulations to protect the interests of displaced persons. Relevant acts and bylaws that govern various aspects of land acquisition and resettlement include: (i) The Constitution of the Socialist Republic of Viet Nam, dated 15 Apr 1992. (ii) The Land Law. dated 14 July 1993, amended on 2 December 1998 and 1 October 2001 (iii) Decree 87/CP. dated 17 August 1993, on the stipulation of the trame for the price of various categories of land. (iv) Decree 64/CP, dated 27 September 1993, on the distribution of agricultural land to households for long-term use. (v) Circular No.05-BXD/DT, dated 9 February 1993, on the classification of house types. (vi) Decree 22/CP. dated 24 April 1998, on compensation levels and other allowances for land and structures recovered for the national and public interest. (vii) Decree 17/CP, 4 May 2001, on Management and Utilization of ODA. 2. Decree 22/CP 25. In April 1998. the Government isstied a major clecree regardling compensation for land acquisition, Decree 22/CP on Compensation for Damage when the State Recovers Land for Use in National Defense, Security, and National and Public Interests. The Government has also issued guidelines for the implementation of this Decree (145/1998/TT-BTC). By issuing Decree 22/CP on 24 April 1998, the Government: (i) added new stipulations to accommocdate with the major changes in compensation unit prices, objects to be affected, assistance levels, etc. in Viet Nam since 1993. Many of these stipulations have proven themselves appropriate with ongoing WB, ADB and other donor-funded projects in Viet Nam; (ii) provided general provisions for compensation processes and procedures to all organizations and individuals who need to acquire land; and (iii) assigned, in detail, the responsibilities of the government agencies concerned in implementing the Decree. 26. Generally, Decree CP/22 meets the objectives of WB's policy on involuntary resettlem-ienl, however, some discrepancies can be found regarding the compensation of PAP without lecjal rights. Table 6 presents the maini areas of discrepancy. Table 6: Discrepancies Between Decree 22/CP and WB Policy Dec-ce 22/CP Wf3 Policy Project Policy Ar:icle 7 Any pCrs- n whosc ini s I 1 . I, l .ui1ciŽ oi ioiI;il lr:njnl All proijcl allecled people. recovered and who has not met one ot iilil in lInd tny some afocrterd irrespeclive of tenure status. social the conditions of Article 6. or who t;is iroupips should iint prevent or econonmic standing, will bie equally violated the plan. or who violates the ceopinlic il io o. entitledt to be compensated for their protecting corridor work, or who illegally lost assets, inicomes. and occupies land shall not receive businesses at full replacement cost compensalioni when the state recovers ; and provided with rehabilitation the land. In case of necessity, the measures sufficient to assist them to 10 Decroe 22/CP WB Policy Project Policy Provincial People's Committee shall I improve or at least restore their pre- consider and decide on a case-by-case project tiving standards, income basis. - levels and productive capacity. .ricle 8: The compensation rates shall Compensate or assist all Replacement cost surveys have be determined on the basis of local affected persons. incliding been carried out and will be carried prices for land issued according to the I those without title to land, for out by the project to ensure thal provisions ot the Government, and then all their losses at replacement project rales for all categories of loss multiplied by a coefficient to ensure the rates. will he equivalent to replacement compatibility of the compensation with cost at current market value to be i the profitability and the price of the lupdated at the time of compensation. assignment of the land use right in the Ar-ticle 17: .he total maximumII Icvel (t iA ml iln;telt ;iltctlo FulI coinpensition at replarcement I compensation shall not exceed 100% | lwrson,,, includinq those cost will be paid for Rll affected and the mininmumn level shalt not he will i itill lil. t nd, for ;fll thoir sIteihiirns withiotit any dedtictions Inr lower than 60n% of the value of the t losses at replacement rates. salvageable materials or house or construction, pricedl accorrting depreciation. to the construction price for new buildings with technical standards ecLuialent to the affected. _ l ____ Artic.le 13: People without legal permit of J All Project allfeced persons Full compensation at replacement construction shall only receive 80% in wili be entitled to cost for all Project affected structures compcnsation rural areas and 70% in I compensation irrespective of irrespective of legal entitlement. urban area. People who violate zonincg the legal status in both rural area will receive no compensation and and urban areas. illegal construction shall be forced to dismantle it. V. COMPENSATION POLICY A. Objectives for Resettlement 27. The objectives of the Victnamese legislation governing resettlement and rehabilitation of displaced persons, and that of the World Bank concerning involuntary resettlement, have been adapted for the preparation of this RAP In agreement with the Resettlement Policy Framework (RPF). The objectives are set out below. The policies and principles adopted for the Project supersede the provisions of relevant decrees currently in force in Vietnam wherever a gap exists between the World Bank (BP 4.12 and OP 4.12) and Vietnamese law. 28. The main objective of the RAP is to ensure that all Project Affected People (PAP) will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity. B. Project Affected People (PAP) 29. Project Affected People (PAP) who ate cntillecd to comlpensation are: (a) people whose houses are in p.rl or into .affectecd temporary or permanently by the Project. (D) people whose premise and/or acricultural land is in part or into affected (permanently or temporar-tly) by the Project; 1 1 (c) people whose businesses are affected in part or into (temporarily or permanently) by the Project; and (d) people whose crops (annual and perennial) and trees are affected in part or into by the Project. C. Principles of Resettlement 30. The principle for resettlement policy in the project will be as follows: (a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. (b) All PAP residing, working, ctoinic business or cultivating land in right of way (ROW) of land acquisition under the Project as of the cut-of-date are entitled to be provided with rehabilitation measures sufficient lo assist them to improve or at least maintain their pre- Project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost will not bar the PAP from entitlement to such rehabilitation measures. (c) The rehabilitation measures to be provided are: (i) compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land-for-land of equal productive capacity acceptable to the PAP; (iii) replacement of premise land (if any) of equal size acceptable to the PAP; (iv) transfer and subsistence allowances, and (v) loss of income sources or means of livelihood, whether or not the affected persons mnust move to another location, which is caused by the Project. (d) Replacement premise and agricultural land will be as nearby as possible to the land that was lost, and acceplablc to the PAP. In case of minor fractions of land cash compensation may apply. (C) The resettlement transitioni puiOtl will be riiniiiized and the rehabilitation means will be provided to the PAP no later tIhan one imonith prior to the expected start-up date of works in the respective Project site. k:) Plans for acquisition of land and other- assets and provision of rehabilitation measures will be carried out in consultation with the PAP to ensure minimal disturbance. Entitlements will be provided to PAP no later than one month prior to expected start-up of works at the respective project site. (g) The previous level of community services and resources will be maintained or improved. (h) Financial and pIlysical resources for resettlement and rehabilitation will be made available as when required. (i) Institutional arrangements will ensure effective and timiiely cdesign, planning, consultation and implementation of tic Re ;eillkmnwnt Aclion-I Plans (RAP). (j) Effective and timelv supervision. monitorinlg and evaluation of the implementation of the RAP wi,l be carrieci out. 12 D. Compensation Policy for Loss of Land and Crops 31. PAP will be entitled to the foilowing types of compensation and rehabilitation measures: (a) The general mechanism for compensation of lost agricultural land will be through provision of "land for land" arrangements of equal productive capacity, satisfactory to the PAP. However, if land is not available or the PAP prefers to receive cash compensation then the following applies: (i) if the portion of t;e land to be lost represents 20% or less of the total area of the landholding, and the remaining land is still a viable economic holding, cash compensation, at full replacement cost, may be provided to the PAP, or (i) f more than 201Y. of a households agricultural land is acquired and the renmaininig holding is nlot viable then the Project will acquire the entire landholding and provide cash compensation at full replacement cost in addition to a rehabilitation assistance of VND 3,000,000 (b) PAP will be compensated for the loss of standing crops and fruit or industrial trees at market price. Productive trees will be compensated at replacement cost. (c) PAP whose land is temporarily taken by the works under the each subproject will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure. E. Compensation Policy for Residential Land and Structures 32. PAP losing residential land and structures: (a) For PAP loosing structures the mechanism for compensating loss of residential land and structut-es will be: (1) the prcvision of replacement residential land (house site and garden) of equivalent size, satisfactory to the PAP; (2) cash compensation reflecting full replacemnent cost of the structures, without deduction for depreciation or salvage materials, (3) transportation cost and assistance, (4) living allowance for six month during relocation, and (5) house rent during transition. (b) If the residential land and/or structure is only partially being affected by the Project and the remainiing residential land is not sufficient to rebuilt the residential structure lost, then at the request of the PAP the entire residential land and structure will be acquired at full replacement cost, without depreciation. (c) Tenants, who have leased a house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area, and will be assisted in identif ing alternative accommudation. F. Compenisation Policy for Loss of Incomi-e and Business 33' For PAP losing income and business the mechanism for compensating will be: (1) the provision of alternative h1uslness sile of equal size and accessibility to customers, satisfactory to the PAP: (2) cash compensation for lost business strjcture reflecting fLll replacement cost o, the structures, without depreciation; and (3) cash compensation for the loss of income during the transition period. G. Compensation for Loss of Other Assets 34. PAP will also be provided compensation at full replacement cost, without deduction for depreciation and salvage mftoriats fOr nny nllicr fixeci assets affecled in part or in toto by the Project, such as tombs and water wells. H. Compensation for Loss of Community Assets 35. In cases where community infrastructure such as schools, bridges, factories, water sources. roads, sewage systems is damaged. MPO/SIO of the MARD will ensure that these would be restored or repaired as the case may be, at no cost to the community. Ailowances During Transition Period 36. Relocated PAP are entitled to: (1) .,-ansportation costs from 1.000.000-3.000.000 VND, (2) subsistence allowance VND 200,000. rice/person/month up till 6 mnonths, and (3) house rent at market price for up to 6 months. J. Temporary Impact During Constructioni 37. Under the contract specifications, the contractor will be required to take extreme care to avoid damaging property during the construction activities. When damnage do occur, the contractor will be required to pay comnpensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored immediately to its for-ner condition. K. Rehabilitation Assistance 3°. Severely affected people are entitled to rehabilitation assistance to restore their livelihood not below the standard before the Project. and preferable better than before. People loosing more tnan 20% of agricultural land or income sources will be provided with rehabilitation assistance of VND 3.000.000 per household. This should be adjusted annually with inflation. VI. INSTITUTIONAL ARRANGEMENTS 39. The in-,plemlentation of resettlement activities requires the involvement of agencies at the national, provincial. districl - and comlu11_ne level. The Mvlinistry of Agriculture and Rural Deve;opment (IvIARD) witl be responsiblo for the overall implementation of the RAP. Resettlement committees shall be established at the provincial, and district level according to the provision of Decree CP 22/1998. The provisions and policies of the RPF and the RAP will form the legal basis for the implementation of resettlenment activities in the VWRAP. A. Central Level AMJinistly of Agr'iculture and Rural Dcvelopment 40. MARD is responsible for the reaiization of VWRAP on behalf of the Government. A Project M0anagement Office (PfvM1O) in coordination with relevant agencies will manage and supervise tne overall project, Including resutilemunl aczivities and land acquisition. Successful I .1 updating and implementation of the RAP will require close coordination between MARD and other ministries and agencies as well as between PMO implementing agencies, and all local resettlenment committees. Resettlement capacity will be established within the PMO to coordinate all resettlement activities with full-time assistance of consultants. Similar capacity will be established withiin the implementing agencies to implement resettlement for each component. Resettlement specialists will provide technical assistance to strengthen the social capacity within the PMO andc implementing agencies. The PMO, with assistance of the consultants, will take overall responsibility as follows: (i) Providing overall planning, coordination, and supervision of the resettlement program. (ii) Guiding impiementing agencies in updating and/or preparing RAP and implementing resettlement activities in accordance with the approved RAP and the Resettlement Policy Framework (RPF); and if any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensure that the objectives of the RAP is met. (iVi) Finalizing RAPs and obtaining Government and World Bank approval before implementing approved RAPs. (iv) Coordinating completed imnplementation of approved RAPs for each component with the award of civil works contracts for each component. (v) Providing resettlenient training to implementing agencies, all Provincial Project Management Units (PPMU) and the Subproject Implementation Office (S10) staff and resettlement committees (RC) at all levels, and to the external nionitoring organization. (vi) Providing the budget [or resettlement activities. (vii) Providing income restoration and other social support as part of the rehabilitation assistance. (viii) Coordinating project-related employment for PAP (consulting contractors about employment opportunities for local people, informning PAP about opportunities and how to avail of the opportunities). (ix) Establishing standard procedures for information meetings and stakeholder consultation, such as monthly newsletters to communities on project activities. Providing coordination with other components and various agencies involved in resettlement planning, implementation and monitoring (x) Establishing liaison mechanisms to ensure proper technical and logistical support to implementing agencies; (xi) Establishing standardized PAP databases for each component, as well as for the Project as a whole. (xii) Establishing procedures for ongoing internal monitoring and review of project level progress reports and for tracking compliance to project policies. (xiii) Establishlinig procedul-cs for r1noiiilc)ring coordination between contractor and local communities and for ensuring prompt identification and compensation of impacts to public and private assets during construction. (xiv) Recruiting, supervising, and acting upon the recomnmendations of the external monitoring organization. (xv) Establishing procedures for the prompt implementation of corrective actions and the resolution of grievances. (xvi) Reporting periodically on resettlement activities to the World Bank .1 K) B. Provincial Level Provincial People s Commitec (PPC) 41. The PPC is the principal authority at the provincial level. The PPC in each involved province is responsible for setting up and directinrg a council of compensation, which will be called the Provincial Resettlement Conmmittee (PRC). The PPCs are also responsible for reviewing and approving the RAPs. Each PPC is responsible for the final decision on compensation unit costs, subsidies, allowances, and supporting policies for RAPs and vulnerable affected groups, in accordance with the RPF. Each PPC is responsible for the approval of project land acquisition and replacement land sites, if required. Each PPC is responsible for organizing the coordination between the related institutions and provincial departments for implementation of the RAPs, and to execute compensation. Sub)projecl Implementation Offices (SI) 42. Dau Tieng Subproject involves two provinces and will therefore be overall managed by MARD through a Subproject !mplementation Office (SlO), which will be responsible for implementing the RAPs. Responsibilities will include the following: (i) implementing, on behalf of hp PMO, all res9tllement activities within the provincial territory under the PPCs' and SIO management signing contracts for the implementation of some resettlemenit componenits; (ii) guiding all resettlement activities of provinces, districts and communes in accordance with the project policies and directives; (iii) establishing compensation Linit prices for land and structures in collaboration with other provincial departments following the rules of this RPF; setting up procedures for land acquisition and allocation and submitting themn to the PPC for approval; coordinating, supervising, and monitoring the implementation of resettlement activities in the province; (iv) directing and monitoring the DMS process, finalizing compensation forms, preparing compensation charts to submit to the PPC for approval: (v) accepting and handing over the sites to the implementing agencies; and (vi) cooperating fully with the external monitoring organization. C. District Level Disttict People's Comn7ittee (DPC) 43. The District People Committees are responsihle for ide6tification of land and structures and appointing memnbers of the DRC and issicqning lunctional tasks for the DRC. District Resettlement Committcee. (DPCs) 44. The DRCs will be responsible for: (I) planning and implementation of all resettlement activities in their districts under the direct professional guidance of the PRCs. If authorized by the PPC to be completely responsible for the resettlement activities in the district in the case that no PRC is established, the DRC will play the same role as the PRC; tii) finding adequate land for individual relocations; (iii) being responsible for DMS. finializiing compensation forms, preparing compensation charts to submit to the PPC for approval and paying compensation directly to each PAP after receiving the funds; (iv) establishing inspectors to renress PAP grievances on resettlement policies and entitlements; (v) establishing. if necessary, comm11une resettlement committees (CRC) and directing their operations during the implementation of the resettlement activities; (vi) paying speciai attention to the needs and demands of specific groups (ethnic minority groups) and vulnerable people (children, the elderly, woman/single headed households); (vii) cooperating fully with the external monitoring organization. D. Agency Responsible for External Monitoring 45. One agency specialized in the social sciences must be identified in order to carry out independent monitoring and evaluation of RAP implementation for the VWRAP. They will submit periodic reports on the implementation progress and make recommendations regarding the issues identified. The terms of reference and methodology for monitoring are presented in Section 9. E. Staffing and Training 46. One full-time specialized resettlenment staff will be recruited for each SIO. The PMO and the consultant team will assist them in fulfilling/performing their resettlement responsibilities. 1These people should have background in the social sciences, have computer skills, proficiency in spoken and written English, good experiences and be willing to be trained on resettlement issues. Depending on the scale of resettlement impacts of each subproject, a full time or part time resettlement staff will be required for local resettlement institutions. 47. All full time and part time staff and decision making involved in project resettlement implementation will be trained on the WB, GOV and project's resettlemnent policy, methods of public consultation, negotiation, etc. Specific resettlement skills training will be given to numerators, implementation staff in resettlement implementation procedures, techniques, unified DMS forms, management of PAP database, etc. V. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations During Preparation 1. Public Information During RAP Preparation 48. During RAP preparation the actions mentioned below was taken and the consultant proviciec iniormation about the Project and the resettlement policy to be followed. (i) Group interview surveys were conducted in two project affected commlLunes. Specific resettlemnent group interviews with affected persons were also conducted. In addition, stakeholder mneetings have been organized at all admisnitrative levels, including Tay Ninh PPC, Tay Ninh DARD, Chau Thanh and Trang Bang District's PCs. Dong Khoi and Loc Hung Commune's People Committees. (ii) A Socio-Eonomic HHs surveys were conducted for the beneficiary and affected areas of the DaLi Tienrc Subprolect The groups interview surveys were conducten in both thie affecidci comimunes. Through the surveys information was gathereci on different neerts of different fields (agriculture, social, economy. r esettlement) and ProviCec usefuLl socioeconomic information. Each meeting 17 involved from 10 to 25 persons. The majority of these persons were households to be affected in Phase 1, Representatives of local farmer groups and other organizations, as well as officials from district and commune's ievels also attended the meetings. After general meetings, women usually asked to be gathered to discuss in separate groups. The HHs questionnaire survey was carried out by IMC in 2002. and the consultants conducted the group interviews in May of 2003. (iii) Specific interviews of severely affected farimiers of the pilot area of Canal N17 were conducted in Dong Khoi commune. The group interviews have also been conducted. This surveys, conducted in May 2003, were designed to collect data on: (a) general assessment of project benefit and resettlement impacts: (b) resettlement needs, preferenices and priority of the severely aflected families; (c) vulnerable groups which mnay be adversely affected by the Project, and (d) -neasures to reduce impacts. (iv) Stakeholder meeting with Tay Ninn PPC was also focused on resettlement issues and commitments of the PPC to follow a project's Resettlement policy, which reflects the WB's and GOV resettlement objectives and principles. 2. Objectives of Public Information and Consultation 49. Information dissemination to, in consultation with and with the participation of, affected persons and involved agencies will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of investments. The objectives of the public information campaign and PAP consultation program are as follows: (i) To ensure that local authorities as well as representatives of PAP will be included in the planning and decision-making processes. The SIO will continue a dialogue with the Provincial People's Comm-nittee and the District People's Cornmittee during Project implementation. PAP involvement in implementation will be continued thereafter by requesting each district to invite PAP representatives to take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain information about the needs and priorities of the PAP, as well as information about their reactions to proposed policies and activities. (iv) To ensure that PAP are able to make fully informed decisions that will directly affect their incomes and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them. (v) To obtain the cooperation and participation of the PAP and communities in activities necessary for resettlement planning and implementation. (vi) To ensure transpar-ency in all activities related to land acquisition, resettlement and rehabilitation. B. Consultations Proposed DuL-ing Implementation 1. Information Dissemination and Consultation 50. During project implementation. the implementing agency responsible for resettlement ass bted by the project consultants. will undertake the following: ti) Provide information to resettlement committees at all levels through training workshops. Detailed information on project policies and implementation procedures will be provided. (ii) Conduct information dissemination and consultation for all PAP throughout the life of the Project. (iii) Update or establish provincial unit prices, and confirm land acquisition and impact on properties through the Detailed Measurement Survey (DMS) in consultation with PAP. (iv) The PRC/DRC will then apply prices, calculate compensation entitlements, and complete the Assets Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to PAP in the DMS follow-up visit to each household. (v) The Asset Compensation Form, showing the household's affected assets and compensation entitlement will then need to be signed by the PAP to indicate their agreement with the assessment. Any comnplaints the PAP have about the contents of the form will be recorded at this timile. (vi) A letter/questionnaire about resettlement options will be given to all PAP entitled to relocation (a) to infor-n them about resettlement options (a clear explanation of the consequences of choosing each option will be given), (b) to request that PAP confirm their choice of resettlement option and their preliminary confirmation of resettlement site location, and (c) to request that PAP indicate services such as education/ health/markets that they are currently using and their current distance from such services. 2. Public Meetings 51. Prior to the beginning of the technical design a public meeting will be held in each commune to provide PAP with additional information and an opportunity for cpen discussion about resettlement policies and procedures in each affected commune. A letter of invitation will be sent to all PAP at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAP with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the PAP, other means will be used to inform PAP and the general public such as posters in prominent locations in the communes and districts where PAP currently reside: radio, newspaper and public poster announcements. The letter and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected households will be encouraged to attend, as well as other interested community members. The meeting will explain the Project, and households' rights and entitlements, and there will be opportunities to ask questions. Such meetings will be conducted periodically during the life of the Project. 52. Relevant information will be given to the PAP at the meetings (verbally, grapnically, and on printed inforimiation sheets). Extra copies of the printed information sheets will be available at township and district offices throughout the project area. The meetings is proposed to have the foliowing format: (i) Explanations given verbally and in visual formnat, including written information and drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will be provided for PAP to respond with questions and comments. PAP will be encouraged to contribute their ideas for PAP rehabilitation options. (iii) The DRC will establish a complete list of all PAP present at the meetings. (iv) The DRC will make a complete record of all questions, comments, opinions and decisions that arise durinig the information/consultation meetings, and present a report of all the meetings to the SIO. 53. Information about tie lollowingc will te given to the PAP: 19 (i) Project components. This includes the places where they can obtain more detailed information about the Project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project including explanations about the need for land acquisition for the reservoir, the canal network, and other project components. (iii) PAP rights and entitlements. These will be defined for PAP (with the cut-off date). The rights and entitlements for different impact on PAP, including the entitlements for those losing businesses, jobs and income will be explained. Options for land-for-land and cash. Options regarding reorganizing and individual resettlement, and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance and opportunities for project-related employment. (iv) Grievance mechanism and the appeal process. PAP will he informed that proiect policies and procedures are designed to ensure their pre-project living standards are restored. PAP will also be informed that if there is any confusion or misunderstanding about any aspect of the Project, the resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. PAP will receive an explanation about how to access grievance redress procedures. (v) Right to participate and be consulted. The PAP will be informed about their right to participate in the planning and implementation of the resettlement process. The PAP will be represented on commune resettlement committees, and the representative for the PAP will be present whenever commune/district/provincial committees meet to ensure their participation in all aspects of the project. (vi) Resettlement activities. PAP will be given an explanation regarding compensation calculations and compensation payments: monitoring procedures which will include interviews with a sample of PAP; relocation to an individual location/self-relocation; and preliminary information about pthysical works procedures. (vii) Organizational responsibilities. PAP will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the government officials with phone numbers, office locations, and office hours if available. (viii) Implementation schedule. PAP will receive the proposed schedule for the main resettlement activities and infortned that physical works will start only after the completion of all resettlement activities and clearance from the project area. It will be clarified that they will be expected to move only after full payment of compensation for their lost assets. Implementation schedules and charts will be provided to resettlement committees at all levels. 3. Compensation and Rehabilitation 54. A letter of notification will be sent to each PAP with the time, location, and procedure Dr receiving compensation payment. Severely affected and vulnerable PAP will be personally contacted to confirm their preferences for rehabilitation assistance. 4. Public Informatiotn Booklet (PIP) 55. To ensure that PAP, their representatives, and local governments in the affected areas fully understand the details of the resettlement program, and are also informed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (PIB) will be prepared by the PMO, in consultation with the World Bank. This booklet will 20 be distributed to all PAP in the project area. General contents of the PIB will include the following: Brief Description of the Project, Implementation Schedule, Project Impacts. Entitlements and Rights of PAP, Resettlement and Rehabilitation Policies for All Types of Impacts, Institutions Responsible for Resettlement, Information Dissemination to and Consultations with Project Affected People, What To Do if PAP Have a Question or a Problem, Grievance Procedure, and Independent Monitoring. 5. Disclosure 56. In addition to disclosntre to afferctid people and commimnilies, the Resettlement rolicy cramework and the RAPs will be availahle at Ihe PMO in Hanoi, in PPMU and /or the SiO and Project districts. C. Grievance Redress Procedure 57. PAP can lodge lheir complaints regarding any aspect of compensation policy, rates, land acquisition, resettlement and entitlemients relating to rehabilitation assistance programs. Complaints by PAP can be lodged verbally or in written form, but in case they are lodged verbally, the committee to which it is lodged wilt write it down during the first meeting with the PAP. PAP will be exempted from administrative and legal fees. 58. A four-stage procedure for redressing grievances is proposed as follows: Stage 1- Complaints from PAP on any aspect of the resettlement program, or losses not previously addressed shall first be lodged verbally or in written form to the people's committee at commune level. The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the people's committee at commune level. The people's commitlee at commune level wilf be responsible for resolving the issue within 15 days fronr. the day it is lodged. Stage 2 - If no understanding or amicable solution can be reached, or if no response from the people's committee at co-nmune level is received by the PAP within 15 days of registering the complaint, he/she can appeal to the District Resettlement Committee. The complaint must be settled within two months of registering the original complaint. The DRC will provide a decision within 1 month of the registering of the appeal. Stage 3 - If the PAP is not satisfied with the decision of the DPC or its representative, or, in the absence of any response by the DPC, the PAP can appeal to the Provincial People's Committee. The Provincial People's Committee together with the representative of the PRC will provide a decision on the appeal within 30 days from tlhe day it is lodged with the PPC. Stage 4 - If the PAP is still not satisfied with the decision of the PPC or PRC on appeal, or in absence of any response from the PPC within the stipulated time, the F-AP as a last resort. may submit his/her Cos< tn thre district couirt. 21 Vill. BUDGET A. Financing 59. The Central Government will pay resettlement cost related to land acquisition of primary and secondary canals while compensation for the tertiary and on-farm canals will come from local budget or by contribution of the direct beneficiaries. The latter will be based on intensive discussion and consultation with farmers to find the ways for farmers/beneficiary equitable contribution to development of the tertiary on-farm small canals and adequate options have been presented as compensation for the involved losses. B. Flow of Funds 6D. The PMO will be responsible for chanrneling funds for land acquisition and resettlement to the PRC which will be responsible for the payment of compensation directly to affected persons for land, crops, trees, houses, other structures, and for the various allowances. The PMO will also be responsible for contracting an external organization or other institution that will be engaged for independent monitoring. C. Adjustment for Inflation 61. The cost estimates in this RAP are based on PPC's issued prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually, based on the actual annual inflation rate. The SIO together with the provinces, will determine the annual inflation rate and ensure the necessary annual adjustments are made to compensation rates and to all cash entitlements. D. Compensation Prices 62. The prices used for cost estimates of land acquisition and resettlement are based on fist of all the prices issued by Tay Ninh PPC from decisions regulating compensation prices for land and different affected assets/properties. The compensation amounts in the detailed cost estimilates in Table 7. The current compensation and resettlement costs are based on: (i) (a) land acquisition and census surveys conducted in May-June, 2003; (b) identification of different categories of impacts, resettlement policies, and entitlements described in Section 5; (c) provision of Decree 22/1998 on compensation and resettlement: (d) compensation prices issued by Tay Ninh provinces for similar relevant projects; and, (e) assessment of replacement cost made by consultants, based on available information gathered in May 2003. (ii) According to Decree 22 (Article 8), the prices for compensation shall be decided by the Provincial People's Committee for each specific project. For present purposes, the price lists issued by Tay Ninh province in the Decision 200/2001/QD-UB, issued on 17 April, 2001, concerning unit prices for land applied as base for calculation of fees of land transaction, land use conversion. land use allocation, evaluatiotn of land and for evaluation of compensation in case of land acquisition for public, national security, safety, national and public interests in the province; the Decisions 1249/1999/QD-UB of Tay Ninh PPC, concerning Unit compensation prices for crops and trees and the PPC's Decision 552/2001/QD-UB, dated on 14th August 2001, amendment to the Decision (') This remaining land then will be transferred hy the pioject to local land use/management organizalions 22 No1249, applied for compensation of crops and trees in case of land acquisition for public, national security, safety, national and public interests in the province and validated and/or adjusted by the consultants during preparation of the study have been applied for preparation of this RAP. (iii) In order to avoid complaints and to ensure fair compensation prices for affected persons, compensation prices used for cost estimates in the RAP have been based not only on prices issued by the provinces, but also on result of rapid assessment of market price conducted by the consultant in the affected areas. However, to comply with the unit prices issued by the province, for cost estimates the consultant has taken those provided as a base and use the higher unit prices for land and other categories of losses. (iv) During the detailed design of the Project, the subproject will revise compensation Linit prices for all categories of loss (land, crops, and trees) to ensure PAP receive actual replacement cost at current market value at the time of compensation. PAP and local authorities will be consulted on the proposed rates before they are finalized. t. Rehabilitation Assistance 63. Vulnerable hou_eholds will be antitled to assistance to restore or improve their pre project conditions. These costs will be updated at the time of compensation to adjust for inflation. F. Implementation Cost Defined 64. Costs for land acquisition and compensation will be fully funded by the Government. Resettlement administrative cost includes performing resettlement activities by SIO and the resettlement consultant, management fees for various resettlement committees and implementing agencies. It consists of cost for the payment of salaries, per diem, logistics, management fees, elc; cost for Detailed Measurement Survey (DMS), evaluation of assets lost, pricing application; public information and dissemination, preparation Project Information Booklet, posters, materials and dissemination of information; cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 65. A budget will be provided for training of full time and/or part time staff involved in the project resettlement activities. Training will be provided to particular groups of resettlement officials and consultants. Training of staff and consultants for capacity building is set to VND 154,000 ($ 10,000). 66. Monitoring costs includes costs for internal and external monitoring, which is set to 3%. A contingency cost is set to 10%, as shown in table 7 below. H. Cost Estimates 67. The total estimated cost of resettlement for the all land and crops/trees cost affected by Project components in Phase 1 is VND 9,910,230 ($ 643,522). The detailed cost estimates for each component are shown in table 7. 23 Table 7: Estimated Compensation Costs Project Permanent Land acqstion Unit Quantity Unit Totat cost Total component Acquisition HHs Impacts, of rate ('000 VND) cost reqd Iha) severely entitlements losses ('000 (US$) affected VND) _ Main canals Land agr.(annual m2 5,534 12.0 66.408 4.312 crops, permanenlly lost) __ Land agrJannual m2 5.651 2.5 14.128 917 crops. ______________ ___________ ______ temporarily lost) _ __ _ _ Land (Aquacult.. m2 3.057 24.0 73,368 4 7r;a ___ _ _ ____ __ __ ___.,_ permanently lost)_ _ __ _ _ _ Land (Ar(iaicull . m2 3.057 5.0 15.265 993 -lenmporarily lost) La_d (ilesid.. m2 1.07B 30.0 32.343 2.100 pertanenlly lost) Land (Resid., m2 1,344 6.0 8,065 524 _______ _ __ _ . __ emporarily st) _ _ ___ . _ _ __ ___ Crops (annual) m2 5.071 1.2 6.085 395 Shrirn/fish m2 6.114 5.0 30,570 1.985 Pilot area 1. Land (annual 284,805 12.0 3,415.260 221.770 Subsystem crops) canal N17 peTmanent loss m2 _ - Lnndl (annual 97,080 2.5 242,700 15,760 crops) temporary loss m2 Crops rn2 381.685 1.2 458,022 29.742 Rehabilitation 31 3.000 93.000 6,039 ____________ _______ assistance HH Pilot area 2 - Lanrd (annual 247.264 12.0 2,967.168 192.673 Subsystem crops) canal N20 pe0imnnl ml lons mn2 Land (anlnuat 148,344 2.5 370,860 24.082 crops) temporary loss m2 _____________Crops ____ m2 395,608 1.2 474,730 - 30,827 Total Base cost 8,267,991 536,883 Total base compensation 536.883 Exchange rate: 1USD=15,4000VND cost 8,267,991 -'AdmfnIstrstion cost (5%) 413,400 26.844 Monitoring cost (3%) 248,040 16,107 Training cost 154,000 10,000 Contingency Cost (10%) 826,799 53.688 Grand Total t 9,910,230 643,522 IX. IMPLEMENTATION SCHEDULE 68. Approval of the RAP. Ttie Goverrrimlernl will send Ihis RAP lo the Worlcd Bank ancd it has to be approved as a precondition for appraisal. 69. Information Dissemination Prior to Detailed Design. Prior to the commencement of detailed design, MARD will provide infornmation about the Project throughouLt the project area. Information meetings will be held in all potentially affected commune to inform the communities 24 about (i) the project scope, (ii) impacts, (iii) entitlements for all categories of loss, (iv) schedule of activities beginning with the detailed design survey, (iv) institutional responsibiiities, and (v) the grievance mechanism. The PIB will be prepared and distributed to all affected communities during the meetings. 70. Establishment of Resettlement Committees. All provinces will establish their resettlement committees at provincial and district level as soon as the Project has been approved. 71. Training for Resettlement Staff. Within 2 months of mobilization of the resettlement consultants for the PMO, all local resettlement staff at SIO. PRC, DRC, and commune levels will be trained by the PMO assisted by the consultants. Training subjects will include (i) procedures for preparing the RAPs; (ii) consultation and information dissemination methods; (iii) principles, policies, and entitlements of the RAPs; (iv) implementation steps, procedures, and schedule; (v) grievance redress mechanism; and (vi) powers and obligations of individuals/agencies involved in the process of resettlement programs. 72. Updating Compensation Rates. During the preliminary detailed design process, the PPCs will update unit rates at replacement cost for all categories of loss and adjust allowances to account for inflation. This will be done in consultation with PAP and local government agencies. 73. Detailed Measurement and Census Survey. Before each new phases of the VWRAP new DMS will be conducted in each subproject area after completion of the detailed design. These surveys will serve as a basis for compensation and new RAPs. Data will be computerized by PMO. 74. Pricing Application and Compensation to PAP. Resettlement committees al all levels will be responsible for pricing application and preparing compensation charts for each affected commune/district. These will be subject to verification by SIO, PPCs, and PMO of unit prices. quantity of affected assets, PAP entitlements, etc. before posting them at each commune for the people to review and comment. All compensation forms must be checked and signed by the PAP to indicate their agreement. 75. Compensation and allowances will be handled at commune level under the supervision of representatives of DRCs and the SlO. Guidance will be given by the SIO to aid local resettlement committees in rnaking payments to PAP. 76. Monitoring. Internal and external monitoring shall start as soon as the updated RAP has been approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external monitoring organization prior or during DMS to update and advice PPC on compensation rates. A post-reseltlement evaluation will also be uindertaken by the external monitoring organization 6 to 12 months after completion of all resettlement activities. 25 X. MONITORING AND EVALUATION A. Monitoring 77. Monitoring is the continuous process of assessment of project implementation, in relation to agreed schedules, the use of inputs, infrastructure and services by the Project. Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible to facilitate timely correction during project operation. 78 Monitoring has two purposes: (i) To verify that project activities have been effectively completed including quantity, quality, and limeliness: and (ii) To assess whelher and how well these aclivities are aclhieving the staled goal and purpose of the Project. 79. Regular monitoring of the RAP implemnentation will be conducted by the implementing agencies (PPMU/SIO, and PMO) as well as by an independent external monitoring organization hired by the PMO. B. Internal Monitoring 80. Internal monitoring of the implementation of the subproject RAPs will be the responsibility of the implementing agencies, with the assistance of the project consultants. The implementing agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. 81. The mnain indicators that will be mon-iitored regularly are: (i) payment of compensation to PAP in various categories, according to the compensation policy described in the RAP: (ii) delivery of technical assistance, relocation, payment of subsistence, and moving allowances; (iii) delivery of income restoration and rehabilitation assistance entitlements; (iv) public information dissemination and consultation procedures; (v) adherence to grievance procedures and outstanding issues requiring management's attention; (vi) priority of PAP regarding the options offered; and (vii) coordination -and completion of resettlement activities and award of civil works contract. 82. The implementing agencies will collect information every month from the differernt resettlement committees. A database of resettlement monitoring information regarding the Project will be maintained and updated every mnonth. 83. The implementing agencies will submit to the PMO a monitoring report on the progress on implementation of the RAPs. These reports will be forwarded to the World Bank as part of their reguilar quarterly report to the World Bank. The internal monitoring reports shall include the following topics: 26 (i) The number of PAP by category of impact per component, and the status of compensation payment and relocation and income restoration for each category. (ii) The amoLint of funds allocated for operations or for compensation and the amount of funds disbursed for each. (iii) The eventLial outcorne of complaints and grievances and any outstanding issues requiring action by management. (iv) Implementation problems. (v) Revised actual resettlement implementation schedule. C. External Monitoring 84. Objectives. The general objective of the external monitor is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the organizational effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for fulture policy formulation and planning. 85. Agency Responsible. In accordance with the World Bank requirements for consultant procurement, PMO will hire an organization for the independent rnonitoring and evaluation of RAPs implementation. This organization, to be called the Monitoring Organization (MO) should be specialized in the Social Sciences and experiei.ced in resettlement monitoring. The MO should start their work as soon as the updated RAPs have been approved. 86. Monitoring and Evaluation Indicators. The following indicators will be monitored and evaluated by the MO: ti) Payment of compensation will be as follows: (a) full payment to be made to all affected persons sufficiently before land acquisition; (b) adequacy of payment to rep!ace affected assets. (ii) Provision of technical assistance for house construction to PAP who are rebuilding their structures on their remaining land, or building their own structures in new places as arranged by the project, or on newly assigned plots. (iii) Provision of income restoralion assistance. (iv) Public consultation and awareness of compensation policy: (a) PAP should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the monitoring team should attend at least one public consultation meeting to monitor public consultation proceduires, problems and issues that arise during the meetings, and solutions that are proposed; (c) public awareness of Ihe compensation policy and entitlemnents will be assessed among the PAP; and (d) assessment of awareness of various options available to PAP as provided for in the RAPs. (v) Affected persons should be monitored regarding restoration of productive activities. (vi) The level of satisfaction of PAP with various aspects of the RAP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored. (vii) Throughout Ihe implementation process, the trends of living standards will be observed and surveyed. Any potential problenis in the restoration of living standards will be reported. 27 D. Monitoring Methodology Sample Survey 87. A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. Monitoring will be on a sample basis. T-he sample size should be 1 00% of relocatiria households and severely affected farmers, and at least 10% of all other households. The sample survey should be conducted twice a year. 88. The survey should include women, elderly persons. and other vulnerable target groups. It shouIld have equal representationi of male and female respondents. 89. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of all resettlenient activities. Database Storage 90. The MO will maintain a database of resettlement monitoring information. It will contain files on each affected household and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implementing agencies, the MO and the PMO. Reporting 91. The MO will be required to submit the findings of the periodical monitoring every 6 months. These monitoring reports shall be submitted to the PMO. which in turn will submit the reports to the World Bank as an annex of its progress report. 92. The report should contain (i) a report on the progress of RAP implementation; (ii) deviations, if any, from the provisions and principles of the RAP; (ii) identification of problem issues and recommended solutions so that implementing agencies are informed about the ongoing situation and can resolve problems in a timely manner; and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. Monitoring Report Follow-Up 93. The monitoring reports will be discussed in a meeting between the MO, PMO and implementing agencies held immediately after submission of the report. Necessary follow-up action will be taken based on the problems and issues identified in the reports and follow-up discussions. F. Evaluation 94. Evaluation is an assessment at a given point of time of the impact of resettlement and whetlher stated objectives have been achiieved. The external monitor will conduct an evaluation of the resettlement process and impact 6 to 12 months after completion of all resettlement activities using the same survey questionnaire and sample as used during the monitoring activities. 28 Project Water Resoujrce SuIDpon - Vietnani" Componer; 2 "Moderrization of trrigaiuon ysly'eMSt Resettlemient ACh0f) RPA wor Dau Theng Irrngalncn System Modernrzalicn Sutopioect (Dau Tieni RAP_ ENTITLEMENT MATRIX for Dau Tieng sutbproject TYPE OF. DEFINITION OF COMPENSATION ITEM i LOSS APPLICATION i ENTITLED PERSONC POLIICY IMPLEMENTATION ISSUES 2 3 4 5 6 I i________ _ . -,- _T_ I Piermaneril Less tnan 200C,I% of totai Legal user wivl- PAP will be entitled to HH without LURC but their name listecl in l o arble afectedasseoslosisdue pemanentriglhtstouse 'i) Cash compensat on tor acquiresd landi at 100% of the land book of tne coinmune and still land to acquisitioni ofarable the affected land, and1 i replacement cost, and noW using thai land are cons oered as lanc temporary user who will iii) Cash compensation for crops and trees at mnarket fully legal users. i be legalized before price. Marginal imract or compensaton as a If the viabiliiy of Mte remaining land is less nousenhold incone aind permanent user. than tne minimum viable economic unit, living standaros then tne entire Piece of land would be acquired and the rkp woulId fall under the _~~~~~~~~~~~~~~~~~~~~~~~ next ca2-1 , j_ ___ ___ _ ____ __ __, __ Land Users With (i) Cash compensation for acquired land equivalent to Temporary or Leasec 30D of land repiacernent cost; AND Rights to Use Land that i 1ii) Casni compEnsation for loss of crops arnd trees ;at full i can not oe legalized ais market prices ..__ ________ 4long term land user ! _ _ ltlega at landf users | (i) No compensaticon for laind, Illegal land use I (ii) Compensation for crops and trees at 1000% of market prices. They will not be compensated for land but will receive assistance More tnar 20d,, of total Legal uset with I (i) Compensation for loss of trees and crops at full Skill Iraininc with training allowance will i afiected assets lost due permanent nghts to use market price be applied in case if the option "land for to acquisitioOn Oa arable the affected and anc ... . . . equivalent land" cannot be available. i land temporary user who vill ii) As priority, compensation"landfcrland equvlent |Ii |[ be legalized before I productive capacity at a location acceptable to A combined extension assistance should Severe impact on compensation as a the PAP or, if reiquested, cash compensation be taken to help Inh poor and nousenold income and permanent uster. for the lost land at 100% of replacement cost; da. nvantaued prove tir living standardis. AND) farm ng techiniques and productivity on I j Iving standarcis. ! , AND their remaining lan:c (iii) Rehabilitation assistance: - Skills training and training allowance, - Provision of agricultural extension services, i' i z ~~~~~~~~~~~~~~and I * i ! I - Priority for project-related jolb opportunities. () This remaining Land then will be translerred tby the protect to local land uselmanagement organizations 29 Project Water Resource Support - Vietnam Component 2: 'Modernizat,on ot itrigation Systetms ". Resettlement Action Plan rDO.u ceng /rragation Systemn Modernization Subproject (Dau Tieng RAP) TYPE OF D DEFINITION OF COMPENSATION ITEM LOSS _ APPLICATION ENTITLED PERSON POLICY I IMPLEMENTATION ISSUES 2 3 4 5 6 Land Users with i) As priority, compensation land for land" equal If the value of remained investment put by Temporary or Leased 30%of the PAP's affected area. or PAP on the affected land is undoubtedly Rights to Use Land that higher than the compensating value, l I can not be legalizedas ' (ii) Cash compensation equivalent to 30% of land high is equal th 30% of theilandg the l | long term land user i replacement cost and training assistance (fees and RCs will revise and adjust and allowance): AND adouately by case (iii) Casn compensation for loss of crops and trees at j full market prces: 2 Permanerit Loss of residential land Legal user with (i) PAP will be entitled to cash compensation for land In case a multigenerational HHs need to loss of without structures built permanent rights or at I 00% replacement cost of the land: subdivided to net family, the remaining residential thereon leagelizable rghts to ,ano is rot enough for building house. the ! land . use the affected land. (ii) Comoensation for trees /crops if yes at full market PAP will be entitled to option Ma'ginal impact on pnces comoensatirig land for land as priority, hc. ;e income and ; and tpv-g stanidards Cash in lieu of land will be offered only as a last resort or at the informed request of i____ ! PAP .heAP. : Loss o | Creos located within Household who PAP are entitled to Compensation in cash at market PAP vill be given notice several months 3 ! LOSS dif Ccos s located withinal cultivatas the land. value. in advance regarding evacuaiion. Crops standinig ciops the ROW of the canal b i grown after issuance of the deadline will network or affected by Inobecm nstd other protect lno be compensated. ComoOnerit 30 Project 'Water Resouce Support - Vietnarr Crniponent 2: "Modemizairon of lmgatioui Systems" Resettteui gnt Actiofn Plat fol Dau Tieng irrigat1tot Systerii Modernization Subptoject (Dau Tierig RAP) TYPE OF DEFINITION OF COMPENSATION I ITEM _ LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES _ I 2 3 4 5 6 4 | Loss of trees Trees located wvthin Household who PAP are entitled to compensaton in cash at market the ROW of the canal occupies the land value on the basis of type. age, and productive Particular crops that have special high network or affected by where trees are located value, value will be considered for compensation other prolect irrespective of land (ate case by case. component. tenure status. PAP who have been noticed by competent authority not to use the land within the ROW of the canal network will not be compensated for violation and __ .r| __ ____ _ _ | _ _ _ damege on Irrigation network Temporary Temoorary loss of Land users with (i ) Comoensation for one harvest of craps/trees at fui If the quality of land will be radicallyl irmpacts arable or residenral I tegam/legalizable ughts market prices changed when return to PAP, requiring l larid ;or temporary land use | (i,, Compensation for loss of net income from PAP to change in the types of land use. Iri nght | subsequent crops that cannot be planted for then PAP should be compensated for all 'I, ;he duration of project temporary use. AND envisaged cost ot losses (ii Restoration of land to its previous or better auatity by providing measures to improve land quality in cases of land being adversely affected or acidified. AND (i'!l If the duration of project's use the iand exceed I more than one year, then the PAP have option l to: ') Continue use of the remaining land. l Keeoing with the legal user's agreement. OR 2) "Sell it to the Project at 30% of replacement cost () Temoorary loss of Land users with (i) Compensation for standing crops/trees at full market residential land (without legal/legalizable rights onces structures built thereon) or temporary land use (i) Restoration of land to its previous or better nght Quality by providing measures to improve land quality i3) This remaining land then wilt be :ransterred by the protect to local land use/management organizations 3-1 Socialist Republic of Vietnam Ministry of Agriculture and Rural Development (Draft) Vietnan, Water Resources Assistance Project (VWRAP) RESETTLEMENT ACTION PLAN For PHU NINH SUBPROJECT August 2003 Table of Contents 1. IN TRO D UCTIO N .. ........ . ....... ............... ........ 4 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT . . . 4 III. SOCIOECONOMIC INFORMATION. . . 7 A. Source of Data 7 B. Impacts on Land and Structures 7 C. Occupation and Income 7 D. Land holding 8 E. Ethnic Minority Groups 8 F. Living Conditions 8 G. Gender and Poverty Conditions 8 IV. LEGAL FRAMEWORK ................................ .8 A. World Banks resettlement Policy 8 B. Viet Nam Laws g 1. Relevant Vietnamese Acts and Bylaws 9 2. Decree 22/CP 9 V. COMPENSATION POLICY ...........0.............10. ..............................1................ _... .10 A. Objectives for Resettlement 10 1. M inim ize the Adverse Im pacts from the Project ...... ........................................ ............... 10 2. Compensation and Assistance. .11 3. Compensation at Replacement Cost . . .11 4. Community Participationi and Consultatio . . .11 B. Principles of Resettlement 11 C. Compensation Policy for Loss of Land 12 1. Land Users with Permanent or Legal Use Rights .12 2. Land Users With Temporary or Leased Rights to Use Land .13 3. Land Users Without Permanent or Legal Rights to Use Land .13 4. Loss of Standing Crops and Trees .13 5. Loss of Residential Land .13 6. Secondary PAPs .13 -D. Compensation Policy for Structures 1 4 1. Loss of Graves .......... .... . ........ ......... ........... ... .. .14 E. Temporary Impact Dnring Construction 14 F. Allowances During the Transition Period 14 VI. INSTITUTIONS INVOLVED IN RE2FTTLEMENT .................................... .......... . 14 A. General Organization 14 B. Ministry of Agriculture and Rural Development 14 C. Provincial People's Commnittee 15 D. District People's Committee 15 E. Implementing Agency 16 1. Phu Ninl Subproject Implementatiorn Unit (Phu Ninh PPMU) ........ ........ ....... ...... .. 16 2. Provincial R esettlem ent C om m ittee ........................................... .................... ... 1... ..16 3. District Resettlement Committees (DRCs) . . . .17 F. Agency Responsible for External Monitoring 17 G. Staff and Trainin1g 17 VII. PUBLIC INFORMATION. CONSULTATIONS AND GRIEVANCE REDRESS .18 A. Consultations During Preparation of Resettlement Plan 18 1. Public Information During RAP Preparation 18 2. Objectives of Public Information and Consultation 18 B. Consultations Proposed During Implementation 19 1. informnatiorn Dissemination and Rehabilitation .......9............................ ....... 19 2. Public Meetings ...................................... . 19 3. Compensation and Rehahilitaiinn ............................... 21 4. Public Information Booklet (PIB) .............. ........................... 21 5. D isclosure . ........................ ... .21 C Grievanice Recrress Procedi ie 21 1. Contents of Grievances ........ . . 2......................... 2 1 2 2 G rievance Procedures . . . . .. ............................ .. ..21 VIII. BUDGET[ ...... . ... 22 A Finanicing 22 B. Flow of Funds 22 C. Adjustments for Inflation 22 IX. IMPLEMENTATION SCHEDULE ............................. .. 25 X. MONITORING AND EVALUATION ..26 C. External Monitoring 27 3 I. INTRODUCTION 1. Phu Ninh Irrigation System is one or the largest irrigation schenmes in Vietnanm and plays an important role in development of agricultujre of the country. However, since it has been constructed in 1986, the system has never achieved the capacity and effectiveness for which it was designed. The quality of services has been poor, the irrigation infrastructure has been damaged, outdated, and it is badly in needs of relhabilitalion and modernization. The irrigated areas was designed for 15,320 ha. but in reality the scheme could serve irrigation for 7,200 ha only, and provide water supply for domestic use at 0.3 m3/s, equal to 18.6% of its designed capacity. 2. The Phu Ninh Subproject aims to improve water service. in botlh quality and quantity, to be provided by Phu Ninh IMC to local users through investment for rehabilitation and upgrading the irrigation infrastructure wherever needed in addition to introduction of modern irrigation management technologies. The Subproject will contribute to increased water provision for irrigation, domestic and other u ses, and iniprove efficiency of water use. and use of land and human resources, at the same time as reducing flood and disaster risk of the system. The Subproject will also improve operation and financial sustainability of the scheme, increase agricultLiral productivity, and invigorate the local economy. 3 The Subproject will iucclti(te Iwo comipoeienls: (i) rehabilitatiorn and upgrading of techinlical infrastrnrtuire of the irrigation system, starling withi headwork and finishiing by irrigated fietcrs- It anticipates rehabilitation and upgrading of existing and construction of new, so far missed, canals arid works, combined with access-management-roads, and management-stations: (ii) modernization of the management system. Development of the first component will cause resettlement impacts due to permanent or tenmporarily acquisition of land for infrastructure construction or for civil works. 4. Investment and modernization of Phli Ninh Irrigation system aims to: * Ensure safety, reliability and efficiency of the systetn's operation and service, * Lower operational management costs, make the system easy to operate, and make it flexible to maintain, * Satisfy all reasonable water requirements for agriculture, domestic, industry, improve the natural environment, and provide for development of environmental tourism, and * Create favorable conditions for utilization of lahor resources, and contribute to poverty alleviation, and proole economic development in subproject's areas. 5. Phu N inh S ubproject i s designed In provide irrigation watlr for 18.000 ha anrd supply water of 1,6 m3/s for irnduirial. domestic aw wl oIlier uses. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 6. The Project will affect 43 communes/lowri of 4 district and 1 provincial town (Tarn I0) eid HH0-. Agi ir Persons I I HH...~( 1-..11- 00 CHenadwrks 0 0 0 0 0 0 0 Cnals 0 01 0 4 569 573 24583 KIII-N16 0 ~ ~ ~~~ ~ ~ ~~oj O 0 5- 5 21 ChinI Nam12 __ 0 0 0 0 4 17 KillI-N16-1-3 0 0 0 0 5 5 21 KillI-N18 0 0 0 0 113 113 474 KIII -N18/10 0 0 -0 0 58 58 243 Killl- N18/12 0 0 0 4 ___125 129 559 Total 0 0 0 4 369 373 `1,583 Loss of Land (ha) _______________Residential _Agric. _Fore_st Unused Other Total Head works 0 0 0 0 0 _ 0 -Canals 0.02 3.2 0.0 0.0 __ 0.0 3.3 Chinh Bac 0.0 ___0.0 0.0 _ 0.0 0 0 0.0 Cthinh Narni 0.0 _ 0.0~ 0. 00 .0 0.0 0.0- - N12_______0.0 0.3 0.0 0.0 0.0 0.3 KIIIl-N16 0~0 0.2 00 0.0 0.0 0.2 Kill - N16-1-2 0.0 __0.2 0.0 0.0 0.0 0.2 Kl _1--3 0.0 _ _0.2 0.0 0.0o 0.0 0.2 Kill - N18 0.0 _0.7 0.0 0.0 0.0 0.7 Kill -_N18/10 0.0 0.6 0.0 0.0 0.0 0.6 Kill - N18/12 0.02 1.0 0.0 0.0 0.0 1.0 Total 0.02 3.2 0.0 0.0 0.0 3.3 Source. lneento of losses by_ hu Ninh PMC__ Kroy iIH =hous0lr01d. Irci = hclares InIcludes ShoplHouises. "'Comnbirred s!i1p2!houses are also, irncltded in Ithe columFin for Residenlia?. _____ Pvrsons is rnctlcisled bas-d on averacle,,-r Are 1n--In- 1- hrm ni ,e-l0,1 T I n, Rintk I itrc nd lanm Ky low m _______ 10. The pLurpose of this RAP is to enSLure lihat all pr-oject affected persons (PAPI) w ill he, comipensalecl at replacemienit cost for tIheir losses and provided withi rehabilitation mieasujres so they are at least as, well oiff as thiey wourld have bpeen in the absence of the Project. Thiis RAP is based on (i) a censtis andI inventory of lo~s s-c of 100%/nof PAPs in tlipe main ca,na-:ls and F.ll ca2nals atidi access nmanagtement roadsq idenlified in thep pilot area: (ii) oni a sa,mple -ocio-econonnni survey of hiousehiolds of the prnjecl's hernefiledi a,reas: both were conducted by Phi; Ninh IMC: andc (iii) oni gr'oup initerviews anid diSCUSSIOns ini project affectecd communes, conducted by the consultanits during the feasibility study in 2003. 11. Policies for compenisation, relocation, and r-ehabilitationt have been established based on these surveys, on Vietnam's existinig laws and SUib-laws reguilations anid the World Banik Operative Directives OD 4.30 on lnVOILuritar-y Resettlemnent, OD 4.20 on Indligenou-s People anid OPN 11.03 on Cuiltural Property. Followirng rlelailed design of these main components. this RAP 6 will be updated by PhLi Ninh SubProject Management Unit to include revised numbers of PAPs and updated compensation unit rates for all catepgories of lost assets and allowances, and following approval by the Government and the World Bank. 12. The updated RP will be implemented by the resettlement commiltees (RCs) under the guictance of the people's committees of each district and MARD. Careful coordination between all the agencies and ministries will be necessary to complete the different resettlement activities successfully. The provisions and policies of this RAP will form the legal basis for the implementation of resettlement activities for the Phu Ninh Suhproject. Ill. SOCIOECONOMIC INFORMATION A. Source of Data 13. This RAP has been b ased o n c ensus a nd l and acquisition s urveys for 100% of PAP aloncg the main canals and canals idenltifiedt in the pilol areas. The Phiu Ninihi IMC coniducted the inventory survey in April-May 2002. Lanci acquisition and resettlement requirements were estimated based on detailed land use data in each subproject area, and on the technical designs. A DMS will be undertaken before implementation phase to precisely identify households affected by the Project to update the current information. 14. Socioeconomic information has come from several sources: (i) househlold questiorinaires (120) conducted by the IMC in the whole siLhproiect affected area in 2002, (ii) grouip interview surveys conducted by the consultant in 4 communes over the whole project area in April 2003, and (iv) in April 2003 resettlement group interview surveys was carried out by the consultant in the communes affected by Phase 1. These specific resettlement group interviews with PAP were conducted to collect data on (i) specific resettlement needs of vulnerable groups which may be adversely affected by the Project, (ii) resettlement concerns and preferences of affected families, and (iii) measures to reduce impact. B. Impacts on Land and Structures 15. There are no severely affected farmers. who will lose more tilan 20% of their total land holdings. No houses will be lost and no business will he affected. The picture does not inclurte area possibly borrowed during civil work since locations are not yet known. All HHs are marginally affected. C. Occupation and Income I 6. There is an equal gendcle distributioll withl 511% of men working in agriculitire and 53%O women. Salary workers counts up for 4% of men andt 3% of women. About 1% men and 2% women work in education as shown in table 2 below. Table 2: Main Occupations of Household members (%') Salary Teachiers Government Pupils, Farmer Worker Officer students Others' Men 51.0 4.0 0 . 37.0 6.0 Women -i n 3n rn f10 3 n 'I 0 Average 52.0 4 0 1.0 1.8 38.0 4.0 O iaciric-Itrl- indtiqtcrinl vworkpr-rc writrp d z)l sl i )rrE nlhlr krrpr Source RSoeoecn,romric stirvevs 1900q-?n00 7 17 The main source of income for PAPs is agriculture. Levels of income vary considerably in the project area as shown in table 3 below. Basecl on the Ministry of Labor Invalids and Social Affairs classification, four income-level categories have been identified: (i) Category l: The poor-income per capita is < D100,000/month. (ii) Category II: The low-income per capita is frorn D100,000-D199,000/month. (iii) Category IlI: The well-off-income per capita is from D200,000-D399.000/rnonth (iv) Category IV: The wealthy-income per capita is > D400,000/month. Table 3: Levels of Monthly Income Category I Category tI Category Itt Category IV < D100,000 D100.000-D199 000 D200,000- > D400.000 Project Components per month per montti 399000 per monti of ~~~~~ ~ ~~~~~~~~month ermot Number of HHs 10 59 42 10 Average 8.3 48.8 34.7 8.3 Source: Socioeconomic survey 2002. D. Land holding 18. Farmers usually have several plots of land (tip to six). The average agricultural land holding in the whole project area is about 0.32 ha, of which about 0.24ha is of annual crop land. Rice land makes up to 0.17-0.2 ha per HH. Per capita agricultural land is 753 m2. The average land holding of the affected Thang Binh district is about 0.35 ha. All the affected Hi-is have legal land use right to their cultivated land that is subject to be recovered by the Phu Ninh subproject. E. Ethnic Minority Groups 19. There are no ethnic minority gfroups in the project area. All the populaition living within the project pilot area, in lieadwork and along the miaini canals of the scheme are of Kinh group. The results of the survey have confirme(d this fact where all tihe HHs surveyed in 5 district and town were of Kinh origin. F. Living Condicions 20. Most the affected households (98°%) are connected to thie electric supply network. Thiere is only 2% of HHs, which use kerocine for lighting. Up to 98% Of the surveyed HHs use water derived from earthen or pumping wells. Only 2% has tap water. Up to 86% of HI-Is have toilet in house, but only 25% of HHs have toilets of satisfying sanitary conditions. G. Gender and Poverty Conditions 21. The social analysis showed that the womeni in the project area have lower education than the men. They also suffer from waterborne ctiseases Households headed by women usually have lower monthly income comparect to male-headed houisehioldts. IV. LEGAL FRAMEWORK A. Worlcd Bank's resettlement Policy 22. The miaini objective of WB's Policy on Involuntary Resettlement is to ensure thal PAPs should be assisted to improve their livinc standards. income level and income generating ,apacity, or at least would be as well off as without the project. This policy aims to avoicl involuntary resettlemenit whenever feasible, to minimize resettlenment where population 8 displacement is unavoidable. The policy stipulates that lack of legal certificate on land will not be an obstacle for a part of affected people it he entitled to compensation and rehabilitation. The policy requires that compensation for all losses should be mnacde at replacement cost. without depreciation and dedtiction of savage materials. B. Viet Nam Laws 1. Relevant Vietnamese Acts and Bylaws 23. In recent years, the Government has formujlated several ruIles and regulations to protect the interests of displaced persons. Relevant acts andi bylaws that govern various aspects of lancd acquisition and resettlement include: (i) The Constitution of the Socialist Reptiblic of Vietnam, dated 15 Apr 1992. (ii) The Land Law, dated 14 July 1993. amended on 2 December 1998 (iii) Decree 87/CP. dated 17 AUgulSt 1993, on the stiptlation of the frame for the price of various categories of land. (iv) Decree 64/CP, dated 27 Septemher 1993, on thra distrihution of agrictiltuiral land to households for long-term uise. (v) Circular No.05-BXD/DT, dated 9 February 1993, on the classification of house types. (vi) Decree 22/CP. dated 24 April 1998, on compensation levels and other allowances for land and structures recovered for the national and ptiblic interest. (vii) Decree 17/CP, 4 May 2001, on Mattagenierit and Utilization of ODA. 2. Decree 22/CP 24. In April 1998, the Government issued a major decree regarding compensation for land acquisition, Decree 22/CP on Compensation for Damage when the State Recovers Land for Use in National Defense, Security, and National and Public Interests. The Government has also issued guidelines for the implementation of this Decree (145/1998/TT-BTC). By issuling Decree 22/CP the Government: (i) added new stipulations to accommodate withi the major changes in compensation unit prices, objects to be affected, assistance levels, etc. in Viet Nam since 1993. Many of these stipulations have proven themselves appropriate with ongoing WB, ADB and other donor-funded projects in Vietnam; (ii) provided general provisions for compensation processes and procedures to all organizations and individtials who need to acquire land: and (iii) assigned, in detail, thie respousibilities of the government agencies concerned in implementing the Decree. 25. Generally, Decree CP/22 nieets the oh)jec tives of WB's policy ol involuintary resettlement, however, some discrepancies can he fouind regarding the compensation of PAPs withiout legal rights. Table 9 presents ihe main areas of discrepancy. Table 9: Discrepancies Between Decree 22/CP and WB Policy Decree 22/CP WB Policy Project Policy Article 7 Anyv erson whose land is ihe absence of fownrml egal tlitle Att projecl affected people, irrespeciive recoverecd and who has not niet one oi the to land hy some affecled oroups of tenure staltis, social or economnic conditions of Article 6. or who has violated shotuldt nol prevent standing, will be entitled to be the plan, or who violates the protecting compensation. compensation or assislance for theii corridor work, or who illegally ocCupies lost assets, incomes, and bhisinesses land shall not receive compensation when at fLull replacement cost and provided Ihe slate recovers the land. In case of iwlth rehabilitation measures stfficient necessity, the Provincial People's to assist tihem to improve or ait least Committee shall consider and decide orn a restore their pre-project livinco case-bv-case basis, slandards, income levels and Decree 22/CP We Policy Project Policy _ __ ~~~~~~~~productive capacity. Article 8: The compensation rates shall be Comnpernsale all affected Replacement cost stirveys have beefn determined on the basis of local prices for persons. incltidinig those without carried out and wilt be carried out hy land issued according to the provisions of title to land. for all their losses at the project staff to ensture !hat project the Government. and then mulftiplied by a replacement rates. mtes for ;alt categories of loss will he coefficient to eisure tile coil1polibility of equivalent to replacement cost SI the comrpensation will the hprofitrilnhiiv orirt irrilr rni mkel valiiq tn hfo iprtrilnr rnt ttile price of the assignmrent of tlie land use the time of compensation right in the conillunity Article 17: The total maximum level of Comrensate all affecrled Full compensation at replacement rn t comn p0 isition shall riot rexceerl 100` rind 1 t,!srilas. im ct (iif ig Irise willhoii will be p;air for all atfecterl s trictur[s the minimum level shall not be lower than title to land. for aII thieir lossec at withouit any deductions for saivaaeahlo 0130 of ilie vriliie of the holise or iniplacei lellt rates. uiialeiials or depreciation. conslrticriono priced according to the construction price for new buildings with technical standards equivalent to the affected. Article 18: People without legal permit of All roject affected persons wilt Ftull compensatiotn at repla;erinent cost construction shalt only receive 80% in be entitled to compensaiion for all Project affected sirucLtures compensation in rural areas and 70% in irrespective of ihe leqal stattis in irrespective of legal entilement. urban area. People who violate zoning boll, rural and uirban areas. area wilt receive no compensation and illegal construction shall be forced to dismantle it. V. COMPENSATION POLICY A. Objectives for Resettlement 26. The objeclives of the Vietnamese legislation governing the resettlement and rehabilitation of displaced persons and of WB's policy concerning invoLurttary resettlement have been adapted for the p reparation o f t his R AP f or t he Phu N inh I rrigation S ystem M odernization Subproject. They are set out below. An entitlement matlrix is shown in Appendix 1. The policies anid principles adopted for the Project supersede the provisions of relevant Govrnmient decrees currently in force in Vietnam wherever a gap exists between WB's Policy on Involuntary Resettlement and Vietnamese law. 27. The main objective of the Resettlement Plan is to ensure that populations affected by the Project should be at least as well-off, if not better-off, than they would have been without the Project. Affected populations should be able to maintain and preferably improve their standard of living and quality of life. 1. Minimize the Adverse Impacts from the Project 28. Considerable attention has been direciecl, during the Project's technical design stage andc throuighi modificationis to various clesigit patnl nulers. lo n-iirniiizing adverse irnpacts as well as the number of households that would be severely affected dLte to the loss of agricultural land Related actions are the following: (i) Alternative options witli modification of technical rtesigo have been taken into consicderation to avoid or reduice pernianent liiand acquisition wherever possible. (ii) All the canals wilt be tilled on thaIl iide of c noims where tihe less of ainrd clurrently in LIso would be affected. (iii) The time of closing water for civil works will be based on PAPs' recommendation, which correspond to their needs and culitivation calendar 10 Decree 22/CP WB Policy Project Policy _ ___________-___ ~productive capacity. Article 8: The compensation rates shall be Compensate all affected Replacement cost suirveys have bpen determined on the basis of local prices for persons. incliding tllose witlhout carried oult and wilt be carried out hv lanid isstied according to the provisions of title to land, for all their losses at the project staff to ensure that project the Government. and then multiplied by a replicement rates. rates for all caitegories of loss will h- coefficient to onsure Ihe comrpatibility of equivalent to replacenteol cost at the comrperisnlton wilh the rntithitiiiy i d ci tirront malrkpl valm in lh'- urprint,,or] -t the price of (lie assigmriient ol Irhe Ian' use the lime of compensation right in the community Artidce 17 The totaI maximukm levei CF nmprnsale all affe-rtert Ftll comipensation at replacement cnn t cnrtimpensnlinr shall nut vxccerl 100% .,i pf!lsrl. . mrni1. lidm. tlhose witlhout will he pairl for all ;atfecrer strlclUreos the minimtini level shall not be lower thran tilr to lanrl. Ir atl their losses at withoua it a)ny deductions for salv;aoahh1 60 . of Ilie vahlif- of [lie htrouse or Ir tloc eient rates. mataerials or depreciation construICtion. priced according to the construlction price for new huildings with technical standards equivalenl to the affected. _ __ ___ __ Article 18: People without ltega permit of All ProjIect afectrt persons will Futl1 comnpensation at replacerrinent co.st construction shall only receive 80% in be entitled to compensatiour for all Project alfected strorrlures compensation in rural areas and 70% in irrespective of the tenial slalos in irrespective of legat entitlement urban area. People who violate zoning hotii nrral and tirban areas. area will receive no compensation and illegal construction shall be forced to dismantle it. V. COMPENSATION POIICY A. Objectives for Resettlement 26. The objectives of the Vietriamnese legislation governing ihe resettlemenit an(i rehabilitation of displaced persons and of WB's policy concerrting involuntiary resettlement have been adapted for the p reparation o f t his R AP f ort he Phu N inh I rrigation S ystern M odernizaiion SubproJect. They are set out below. An entitlement mn-atrix is stlown in Appendix 1. The policies Ftnd principles adopted for the Project supersede tihe provisions nf relevant Government decrees ctrirrently in force in Vietnam wherever a gap exists between WB's Policy on Involuntary Resettlement and Vietnamnese law. 27. The main objective of the Resettlement Plan is to enstire that populations affectedi by the Project should be at least as well-off, if not better-off, than they wouldt have been without the Project. Affected populations should be able to maintain and preferably improve their stanicdard of living and quality of life. 1. Minimize the Adverse Impacts from the Project 28. Considerable attention has been directed, during tiie Ptroject's technical design stage anrl Iilrotiyl nmodificatiotis to variotis desigin patlaritets. to niinitrizing adtverse irnpacts as welt as the number of households that would be severely affected due to the loss of agricultural land Related actions are the foltowing: (i) Alterniative options with morlifirntilon of iechnical design have been taken into consideration to avoid or redtuce pertmanient larirt acqtuisition wherever possible. (ii) All the carnals will be linedt our Ih t;ir- r ofd nrrmnrlr whomrr? tihe less of Itnrl ctirrernFily in Urcr would be affected. (iii) The time of closing water for civil woirks will be based on PAPs' recommeendation, which correspond to their needs ancl cuiltivationi calendar 10 2. Compensation and A>sistance 29. Compensation and assistance will be provided to ensure that the economic and social conditions of the PAP a re a t least as favorable as they were in absence of the Project. Tihe compensation policy, which encompasses compensation for all affected assets, along with rehabilitalion measures as suggestert in Ihis RAP, will ensure that all PAP are able to. at minimtim, restore their income, standarcd of living, and productive capacities to pre-project levels. Specific measures to ensure restoration of incomes and living standards of PAP includes compensation for lost assets based on: (i) Land-for-land of equivalent productive capacity and at a location suitable and acceptable to the PAP, or (ii) at the request nt an PAP, who has been informed regarrding the options. csh for land or a combination of the two. 3. Compensation at Replacement Cost 30. Compensation for all types of affected assets, including residential and commercial structures as well as standing crops andt trees, will be paid at replacement cost. Conipensatiorn for affected land will be made either in the form of a trade, land-for-land of equal produictive capacity at a location acceptable to the PAP, or at the specific reqtuest of the PAP, in cash at replacement cost to ensure that PAP can restore their income generating capacity and income levels. 4. Community Participation and Consultation 31. The preparation and implementation of the RAP is to be carried otit witti the full participation of, and in consultation with, the affected households and their representatives. Internsive public consultationls have been carried out in the preparation of the RAP. len group interviews were conducted at comminUle level in the project areas to inform local populations arnd to identify t heir n eeds and requiremnents I n a ldilion, four resettlemrnPnt group interviews were conducted in the project pilot cornn rones itn orrer to collect data on (i) vulnerahle grornps which may be adversely affected by the Project. (ii) resettlernent preferences of affected families, (iii) measures to reduce impacts, and (iv) adequacy of compensation prices issued by the provinces. Further public consultations will be carriecl out during the implementation stage with a focus on specific activities including assessment of compensation, acquisition of land, and design of rehabilitation assistance planining. The Public Information Campaign and Constltation Program is described in Chapter 7 of this RAP. The PAP will also have well defined avenues for redressing their grievances as descrihed in Chapter 7. B. Principles of Resettlement 32. The following basic principles have been adopted for the Project: (i) The populations affected hy the Project are defined as those who may stand to lose, as a conseqUence ot the Project, all or part of physical and nornphysicat assets, including homes. hnmeseadts. productive taricss, commercial properties, tenancy, income-earning opportunilies, social andi cultuiral activities and relationstiips, andt other losses tihat may he identified durinig the process of resetilemenl t plan rinig. (ii) Involutltary reseltlermuenl will hi rmirilrmized by identifying possihlr! altermiralive project designs, and appropriate social, economic, operational and engineering solutions that have the least impact on population1s in the project area. (iii) The cut-off date for corrmpensation eligibility for physical assets affected due to rehabilitation, upgrading of existing and construction of new, so far missed of the system, canals/irrigation works will be the date of completion of the detailed 1 1 measurement survey and census after detailed technical design will be completed for these compnerents. (iv) A census and detailed rneasurernent survey and baseline socioeconomic survey will be carried out for all subproject cornponents after detailed design of each and in updating of thie RAP. (v) All PAP will he entitled tn he cornpensaled for their inst land and stpnding crops/trees at full replacement cosl to assist them to improve or at least restore their pre-project livinrg standards, income levels, and productive capacity. (vi) All affected populations will be equally eligible for compensation and rehb3bilitation assistance, irrespective of tenure status, social or economic standing. and any such factors that rnay discriminate against achieving the objectives outlined above. (vii) Preparation of the RAP and its implementation is to be carried out with the fult participation of affected people, PAP comments and suggestions will be duly taken into account during the design and implementation phases of the resettlement plans. (viii) Adequate budgetary support will be fullycommitted and be made available to cover the costs of land acquiisilion and resettlement ard rehabilitation within the agreed implementation period. (ix) WB shall not approve of any civil works contract for any subproject to be financed from the loan proceeds uLnless the Government has completed satisfactorily and in accordance withi the approved RAP for that subproject compensation payment and ensured rehabilitation assistance is in place prior to obtaining possession and rightis to thie land. (x) The delailed RAP for implementation will he translated into the local lanquaqge and placed in pioject and comrunine offices for the reference of affecled people as well as any interested groups. (xi) Appropriate reporting, rnonitoring ard evaluation mechanisms will be identified and set in place as part of the resettlerment management system. Evaluation of the land acquisition process and the final outcome will be conducted independent of the executing agency. r. Compensation Policy for Loss of Land 33. The Project will acquire some land acqglisitions, There are two types of land tise rights found in the project afferted area: permanent or leagizable and temporary land use rights. Below are set out principles of compensation: 1. Land Users with Permanent or Legal Use Rights 34. For arahie land that will he permarnenlly aiferterl, the rAPs will he entitled as fnllnws (i) Marginally affected PAP. PAP with losses less than or equlal to 20/nn of their total agrictiltural landholdings, will he enlitird to cash rniripensalion for crops Rnd ltees a market prices, AND cash compensation for acqtuired land at 1000% of replacement cost. (il) Severely affected PAP. PAP w ith losses of m ore t han 2 0%o/f t heir total agricultural landhokr3ings, will be entitled to cash compensation for crops and trees at market prices AND first priority for land-for-tanri of equivalent productive capacity at a locatioln acceptable to the PAP or, if requesler, cash cnmpensation for thie lost lanrd at 100%/M of replacement cost AND rehabilitalion assistance (skills training for one family member in a current or new occupation anc3 a tr rining nllowance. provision of agricultural extensioui services to increase the productivity of remaining land, and priority for project-related job opportunities. 12 2. Land Users With Temporary or Leased Rights to Use Land 35. For arable lancd w ill be permanently affected, t he PAPs having Temporary or L eased Rights will be entitled as follows: (i) PAP are marginally affected: PAP with losses less than or equal tc 20% of their total productive capacity wi!l be entitled to cash compensation for acquired land equjivalent to 30% of land replacement cost; AND cash compensation for loss of crops and trees at fuill market prices: (ii) Severely affected PAP: PAP with losses of more than 20% of their total productive capacity, will be entitled to cash compensation for crops and trees at market prices, AND first priority for land-for-land equal to 30% of affected area of equivalent prodtuctivity at a location acceptable to PAP, or, if requLested. cash compensation for the lost land corresponding to 30% of replacement cost. For poor and vulnerable, including landless, PAPs, who prefer to continue farming but have land less than of a standard size provided by Decree 64/CP, the local authority to assist them to obtain land of area equa! to minimal standard size, with permanent land use right, OR training rehabilitation measures, inclucding job training and training allowance for its working memher/s if no land available for provision; 3. Land Users Without Permanent or Legal Rights to Use Land 36. Households occupying and using lalnd without permission from the commune will he entitled to compensation for crops and trees at 100% of market prices. They will not be compensated for land but will receive assistance corresponding to the investment in the land. 37. For poor and vulnerable farmers affected whio are landless and have not been allocated ienrd before will be entitled to: (i) assistance by local authority to obtain land of an area equal to the minimum standard size, withi full legal title to the land, and/or (ii) transition assistance and rehabilitation measures, includling social assistance allowance, job training and training allowance for its working member(s) if no land available for provision; 4. Loss of Standing Crops and Trees 38. For annual standing crops, compensation will be paid to households who cultivate the land according to the full maraket valuie of the affected crops, regardless of the legal statuLs Of the land. For pereninlial plants, compensatiorn will be paid according to the full market value of the affected plants, regardless of tlhe legal status of the Innd If Ihe plants are not yet rearly for harvest, compenisation will include thie total cost of initial investment and care Lintil the time of the land acquisitioll. In case perennial plants can only he harvested once, compensation will be paid for the total cost of investments and care calculated until the time of the land acquisition Compensation will be in cash. 5. Loss of Residential Land 39. There a re no structures o n t he a ffecled r esidential I and, and P APs w ill he entitled t n compensation in cash at 100% of the replacement cost of the affected land. 6. Secondary PAPs 40. This applies to those affected hy acquired areas needed for constrtictionl or for individual resettlement or group resettlement sites. Because all secondary PAP are likelv to he affected through loss of agricultuiral land. they will be entitled to compensation and rehabilitation assistance in accordance with Ihe same provisions for all nther PAP. 13 D. Compensation Policy for Structures 1. Loss of Graves 41. The level of compensation for the removal of graves will be for all costs of excavation, relocalion. and rebmjrial. Compensation it rcash will be pai1 lo eacih arlectedJ Farnily. E. Temporary Impact During Construction 42. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during tiheir construction activities. Where damages do occur. the contractor will be required to pay cnmpensation immediately to affected families. groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property wiHl be restored immediately to its former condition, 43. For arable land that will be teriporary affected, all PAPs are entitted to compensatiOn for loss of crops and trees at market prices, AND compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use; AND restoration of land to its previous or better quality by providing measLIres to improve land quality in cases of land being adversely affecled or acidified. AND if duration of temporary land use is equal or exceeds two years. Ithen the PAPs are compensated as for permanent loss of land. F. Allowances During the Transition Period 44. The following allowance amounts are indicative only. Al the time of compensation. allowances will be adjusted to accourit for inflation. For severely affecled farmer HF-is, rehabilitation a ssistance of amount not least Ihan VND 3 000,000 per H H will b e given. T he concrete form of assistance to the farmers will be precisely identified in the project implementation stage through investigation ancl intensive consultation with the entitled PAP to ensure adequacy and effectiveness of rehabilitation assistance in meeting with actual needs of PAP. In may be in form of training plus training subsistence allowance or in cash which cornbined with relevant technical assistance. In addition, HHs having special social support will be provided with a special social assistance not less than VND 1,000,000 to rehabilitate their living standards. VI. INSTITUTIONS INVOLVED IN RESETTLEMENT A. General Organization 45. The implementation of resettlement activities reqlirtes the involvement of ageicies aIt tihe natioial, provinicial, district ;nd conimiune level. Llnrier- the responsihility of MARD. reseltleizenit committees shall be estahlished al the pinvincial and district level according to the pinvisinoi of Decree CP 22/1998. The provisionis anrcl policies of Ihe RPAP will form the legal basis for the implementation of resettlemenit activities fot the Phul Ninhi subproject. B. Ministry of Agriculture and Rural Development 46t MARD is responsible for thie rrnli7ntioln nf the VWRAP Project. o n hr halt of 1eIm Government. A Central Project Manageirient Office (PMO) will be established in MARD. at MARD's Department, which is responsible for Managemlient and Modernization of Hydrauilic works. The PMO has responsibilities for overall project management and implementalion For each VWRAP Subproject will be establishied a Provincial Project Management Unil (PMMU) or a Subproject Implementation Unit (SbO). The PMO with the PPMU/SlOs will, in coordination with) relevant agencies, manage and supervise the overall Project including resettlement activities and land acquisition. Successful updating and implemientation of Ihe RAPs will require close r l coordination between MARD and other ministries and agencies as well as between PMO. implementing agencies. and all local rese1llemenl commillees. Resettlemenl capacity will he established within the PMO to coordinate all resettlerient activities with full-time assistance of consultants. Similar capacity will be established within the implementing agencies to implement resettlemilenit for- each subproject. The consultants will provide technical assistance to strengthen the social capacity within the PMO and implernentinr aiqencies. The PMO. withl assistance of (h-e consultants, will take overall responsibility as follows: (i) Providing overall planning, coordination, and supervision of the resettlement program (ii) Guiding i mplemenling a gencies i n updating a nd/or preparing RAPs a nd i mplementing resettlement activities in accordance with the Policy Framework and the approved RAP; and if any mistakes or shortcomings are identified through internal and/or external monitoring of RAP implementation, ensure that the objectives of the RAPs are being met. (iii) Finalizing RAPs and obtaining Government and WB approval before implementing approved RAPs. (iv) Coordinating completed implementation of approved RAPs for each component with the award of civil works contracts for each component. (v) Providing resettlement training to implementing agencies, all PPMUISIO staff and RCs at all levels, and to the external monitoring organization. (vi) Providing the budget for resettlement activities. (vii) Establishing standard procedures for information campaigns and stakeholder consultation such as monthly newsletters to communities on project activities. (viii) Providing coordination with other comnponenits and various agencies involved in resettlemnent plannirig and iniplemenitatiori. (ix) Establishing liaison mechanisms to enstire prnper trehniral anct logistic_l siippnrt It implementing agencies atnd RCs. (x) Establishing standardized PAP dalabases for eacth comnponeit, as well as for thle Projer as a whole. (xi) Establishing procedures for ongoing internal monitoring and review of project level progress reports and for tracking comnpliance to project policies. (xii) Establishing procedures for monitoring coorv ination between contractors anid local communities and for ensuring prompt identification and compensation of impactzs to public and private assets during construction. (xiii) Recruiting, supervising, and acting Uponl the recornmendations of the external monitoring organization. (xiv) Establishing procedures for the prompt implementation of corrective actions and the resolution of grievances. (xv) Reporting periodically on resettlement activities to the WB. C. Provincial People's Committee 47. Thle PPC is the principal authority at the provincial level, The Quang Nam PPC is responsible for selling tip niil rdireclir9g - coincil of cnmpcnsalionn which will he calleld tli' Provinciaf Resettlement Committee (PRC ) Thte PPC is aisn responsihle for reviewing arirt approving the RAP. The PPC is responsible for Ilie final decision on compensation unit cosls, subsidies, allowances, and supporling policies for PAP and vulnerable affected groups, in accordance with this RAP. The PPC is responsihle fnr the approval nf project land acqUmi-itinn Quang Nam PPC is also responsible for organizing the coordination between the related institutions and provincial departments for thie impleientation of the RAP, and to execute compensation and resettlenient plans etfertiv-ly D. District People's Committee 48. The District People Committees are responsible for identificationi of land and structlilf legality, and appointing members of thle DRC and assigrning finctional tasks for thie DRC. 1 5 E. Implementing Agency 1. Phu Ninh Subproject Implementation Unit (Phu Ninh PPMU) 49. Phu Ninh PPMU will be responsible for implementing this RAP. Responsibilities will include the following: (i) Preparation, implementation, and monitoring of RAP. (ii) Guiding the resettlement committees at all levels in implementing the approved RAP and implementing resettlement activities in accordance with the resettlement policies specified in the RAP. If any mistakes or shortcomings are dentified through internal and/or external monitoring of RAP implementation, ensuring they are addressed so that the objectives of the RAP are met; ensuring proper technical and logistiral support to the Quang Nam's and its districts' RCs. (iii) Guiding and supervising the RCs while they carry out the Land Acquisition and Census Survey (LAS) to identify exactly thie number of affected househiolds and the extent of losses to be compensated, guiding local RCs in following compensation entitlements and procedures as defined in the approved RAP, and submitting compensation/ assistance costs for approval. (iv) Implementing information campaigns and stakeholder consultation in accordance with established project guidelines, supervising the compensation payment process and the implementation of the RAP, and redressing grievances concerning resettlemenit activities in collaboration with RCs. (v) Coordinating with other line agencies In ensure delivery of mitigaticn and support measures. (vi) Providing i nconie r estoration a nd other social support under the Reha-hilitation Assistance Program. (vii) Implementing established procedures for internal monitoring, establishing and maintaining a PAP databases for each subproject in accordance with es'ablished project procedures and providing regular reports to the PMO and all data to the external monitoring organization. (viii) Implementing prompt corrective actions in response to internal and external monitoring, and resolution of grievances. (ix) Coordinating project-related employment for PAP (consulting contractors about employment opportunities for local people, informinig PAP about opportunities and how to avail of the opportunities). (x) Implementing established project procedures for monitoring coordination hetween contractors and local communities and for ensturing prompt identificationi and compensation of impacts to ptublic and private assets dtiring constIiction. 2. Provincial Resettlemenit Committee 50. The PRC of Quang Nam will be responsible for (i) implementing, on behEalf of PMO, all resettlemen-it activities withint thie provinlcial territory under the PPC's management. and signing contracts tor- the implementation of some resettlement components; (ii) establishing and strengtheninig resettlement cornmittees at district and communle levels; (ii) guiding all resettlement activities of provinces, districts and communes in accordance with the project policies and dlirectives; (iii) establishing compensation Ltnit prices for land and structtires in collaboration wilh other provincial departments: setting up procedures for land acquisition and allocation and submitting thiemii to the PPC for approval: coordinating, supervising, and monitoring the implementation of resettlement activities in the province: (iv) issuing guidelines about resettlement activities within their power, namely: (a) compensation prices for land. structujres. crops, etc (b) identification of land and I G structure legality; (c) procedures of land acquisition and allocationl; and (d) approval of compensation charts for PAPs and affected public facilities. etc.: (v) directing and monitoring the DMS process, finalizing compensation forms. preparing compensation charts to siihmit to the PPC for approval; (vi) accepting and handing over the sites to the implementing agencies; and (vii) cnoperatinq filly withi the nxIeilnt monitnring nrgaini7atinn 3. District Resettlement Committees (DRCs) 51. The DRCs will be responsible for (i) planning and implementing, on behalf of the District People's Committees. a 11 resettlement activities in their districts under the direct professional guidance of the PRC. If authorized by the PPC to be completely responsible for the resettlement activities in the district in the case that the PRC will not be established, the DRC will play the same role as the PRC; (ii) planning and implementing all resettlement activities in the district; (iii) finding adequate land for individual relocations; (iv) being responsible fcr LAS, finalizing compensation forms, preparing compensation charts to submit to the PRC, and paying compensation directly to each AP after receiving the funds; (v) establishinrig inspectors to rediress rAPs grievances on resettletnenit poiicies andcl entitlements; (vi) establishing, if necessary, commune resettlement committees (CRC) and directinig tiheir operations durinc the implementation of the resettlement activities; (vii) cooperating fuilly with the external monitoring organization. F. Agency Responsible for External Monitoring 52. One agency specialized in the social sciences must be identified in order to carry o0t socioeconomic surveys, monitoring, and evaluation of RAP implementation for the Project. They will submit periodic reports on the implementation progress and make recommendations regarding the issues identified. The terms of reference and methodology for monitoring are presented in Section 10. G. Staff and Training 53. One full-time specialized resetilement staff will he recrulited for each PPMU/SIO. Thie PMO and the consuitant teamn will assist tIhem in fulfillirng/perforrimirig their resettlement responsibilities. These people should have background in the social sciences, have computer skills, prnficiency in spokeni and written English. good experiences and be willing io be trainerd ot- resettlemrient issues Deperndini en ihe scale of resettlement impacts of each siiprmoject, a lull timne or part time resettlenierut staff will be requlired for local resettlemneit institutions 54. All fu1ll time and part time staff and decision makinq involved in project resettlemeut implementationi will be trairned on the WB, GOV and project's resettlement policy. methods of public consultation. uiegotiation. etc. Specific resettlerimen-it skills traininfg will be given to numerators. implernentation staff in resettlement implementation procedures, techniques, unifiedl DMS forms, managenmenit of PAP datahase. 1 7 ViI. PUBLIC INFORMATION, CONSULTATIONS AND GRIEVANCE REDRESS A. Consultations During Preparation of Resettlement Plan 1. Public Information During RAP Preparation 55. The consultant provided information about the Project regularly. Actions taken were as follows: (i) Group interview surveys were conducted in 4 communes in the area of Phase 1. Specific resettlement group interviews with affected persons were also conducted. In addition, stakeholder meetings have been organized at the provincial level with Quang Nam PPC, Tam Ky town's and Thang Binh District's People Committees, Quang Nam DARD, IMC. (ii) A Socio-Eonomic HHs survey was conducted in all project districts/town of Phu Ninh Subproject. The groups interview surveys were conducted in 4 affected communes. The surveys have provided useful information on agriculture, social, economic, and cultural. Each meeting involved 20 to 30 persons. rhe majority of these persons were farmers from the different villages in the communes. Representatives of local farmer groups and other organizations, as well as officials from munlicipal and disirict levels also attended the meetings. Womenl were also represented in tI hese rn eelings. The H Fis questionnaire survey w as conducted in 2002, and the groUp interview surveys were conducted between 1 to 7 April 2003. (iii) Specific resettlement group interviews with affected persons were conducted in the four mentioned communes. Twenty to thirty persons potentially affected by the project attended these meetings. This survey, conducted in April 2003. was designed to collect data on: (a) vulnerable groups which may be adversely affected by the Project, (b) resettlement preferences of affected families, (c) measures to reduce impacts, and (d) adequacy of compensation prices issued by the provinces. (iv) Stakeholder meeting with Quang Nam PPC was also focused on resettlement issues, on possibility and commitment of the PPC to follow a project's approved Resettlement policy which reflecting the WB's and GOV resettlement objectives and principles. (v) In addition, affected households preferenices regarding resettlernent and relocationi were investigated thrnugh socioeconomic surveys (12 1 qu estionnaires). 2. Objectives of Public tiiformation and Consultation 56. Infornation dissemination to, in consulta ion with and with the participation of, affected persons and involved agencies will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the affected people, thereby maximizing the econonoic and social benefits of investments. The objectives of the public information campaign and PAP consultation program are as follows: (i) To ensure that local authorities as well as representatives of PAPs will he included in the planning and rlecision-makino processes. The PMO and the PPMU/SIO in Phu Ninh will continue a dialoguLe with the Provincial People's Committee and the District People's Comnmittee durinig Project implemelitation. PAP involvement in implemenitation will be continIued ihereafter by requesting each district to invite PAP representatives to take part in the resettlement activities (property evaluation. compensation, resettlement. and monitoring). (ii) To fully share information about the proposed project components and activities with the PAP. (iii) To obtain infoirmation about the needs and priorities of the PAP, as well as information about their reactions in proposed policies annt activilies (iv) To ensure that PAP are able to make fully informed decisions that will directly affect their income and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them. (v) To obtain the cooperation and participation of the PAPs and communities in activities necessary for resettlement planning and implementation. (vi) To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. B. Consultations Proposed During Implementation 1. Information Dissemination and Rehabilitation 57. During project implementation, the implementinig agency responsible for resettlement (Phui Ninh PPMU). assisted by the project consultants, will undertake the following: (i) Provide information to resettlemenit committees at all levels througih traininlg workshops. Detailed inforimiation on project policies and implementation procedures will be piovided. (ii) Concluct informationi dissemrin-ation and consUltation for all PAPs thlrouighiout the life of the Project. (iii) Update or establish provincial unit prices, and confirm land acquisition and impact on properties throughl the DMS. (iv) The PRC/DRC will then apply prices, calcUlate compensation entitlements, and complete the Assets Compensation Forms for each affected houIsehold. Information on entitlements will then be presented on an individual basis to PAP in the Land Acquisition and Census Survey follow-up visit to each household. (v) The A sset Compensation F orm, s howing t he h ousehold's a ffected a ssets a nd compensation entitlement will tlhen need to be signed by the PAPs to indicate their agreement with the assessment. Any complaints the PAPs have aboui the contents of the form will be recorded at this time. (vi) Consultation regarding PAPs preferred rehabilitation assistance program. This applies to severely affected and vulnerable PAPs. The social support team will inform PAPs of their entitlement to rehabilitation assistance unrder the Rehabilitation Assistance Program, before asking them to indicate their preferences. 2. Public Meetings 58. Prior to the beginning of the deailetd design, a ptiblic meeting will be held in each hamlet to provide PAPs with additional inforniition anrc ani opportinily for oper discuission about resettlement policies and procedures in each affected hamlet. A letter of invitation- will he sent to all PAPs after the LAS has been completed at least 2 weeks before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide PAPs with the opportunity to discuss issuLes of concern and obtain clarification. In addition In a letter informing the PAPs, other means will he used to inform PAPs and the general public such as posters in prominent locations in the communes and districts where PAPs currently reside: radio, television, and newspaper announcements The letter and notices will advise thie time and location of the meeting, and who can attend Both men and womnen from affected hotiseholds will be encouraged to attend, as weli as other interested community members. The rneeting will explain the Project, and households' rights and entitlements, and there will be opportuniiies to ask questions. Such meetings will be condcicted periodically during the life of the Project 59. Relevant information will be qiveni to the PAPs at the meetings (verbally, graphiically, and on printed information sheets) Extra copies nf Ihe pr-inted informatiol) sheets will be available at 19 municipal and district offices thiroughout the project area. The meetings will follow the following format: (i) Explanations given verhatly and in visual format. including written informatiorn and drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will be provided for PAPs to responcl with questions and comments. i APs will be encouragecl to contribute their ideas for PAP rehabilitation options. (iii) The DRC will establish a complete list of all PAPs present at the meetings. (iv) The DRC will make a complete record of all questions, comments, opinions, and decisions that arise during the information/consultation meetings, and present a report of all the meetings to the SIO. 60. Information about the following will be given to the PAP: (i) Project components. This includes the places where they can obtain more detailed information about the project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the project incliding explanations about the need for land acquisition for ihe reservoir, the canal network, and other projec: components. (iii) PAP rights and entitlements. T-hese will be defined for PAP (with the cut-off dale). The righis and entitlements for differerit categories of PAP, including the enlitlements for those losing businesses, jobs and income. Options for land-for-land and cash, Optiolis regarding reorganizing and individLial resettlement, and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance (iv) Grievance mechanism a nd t he a ppeal p rocess. PAP will be informed tlhat project policies and procedures are designed to ensure their p re-project living s tandards a re restored. PAP will also be informed that if there is any confusion or misunderstanditng about any aspect of the project, the commune or district resettlement committee can help resolve problems. If they have complaints about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. PAP will receive an explanation about how to access grievance redress procedures. (v) Right to participate and be consulted. The PAP will be informed about their right to participate in the planning and implementation of the resettlement process. The PAP will be represented on commune resettlement committees, and thIe representative for the PAP will be present whenever communne/ district/provincial committees meet to ensure their participation in all aspects of tIhe project. PAP will be consulted abotit Ithe itraining and trainiing preferences in current nr riew occupations for all PAP whose income levels and living standards are adversely affected due to loss of agriculltiral land or other assets (vi) Resettlement activities. PAP will he given an explanation regarding compensation calculaliorrs and uompcrrtsaioun poymrewrls, iournitoriing procedlures (WhiCih will irCrhl,icJ interviews with a sample of PAP), arid preliminary information about physical wolks procedures. (vii) Organizational responsibilities. PAP will be informed abotit Ihe organizationis and levels of Government involved in resettlement arid the responsibilities of eacrh. as well Rs the names and positions of the Goverrirrient officials with phone numbers, office locations, arid office hours if availahlp (viii) Implementation schedule. PAP will receive the proposed schedule for the main resettlement activities and inform-ned that physical works will start only after the ccmpletiorn of all resettlement activities and clearance from the project area. It will be clarified that they will be expected to move only after full payment of compensation for their lost assets has been allocated to them. Implementation schedules and charts will be provided to resettlement commiitees at all levels 3. Compensation and Rehabilitation 61. A letter- of notificationi will be sent to each PAP with thie time, location, and procedure for receiving compensation payment. Severely affected and vulnerable PAPs will be personally contacted to confirn their preferences for rehabilitation assistance to take necessary actions to respond to their specific needs. 4. Public Information Booklet (PIB) 62. To ensure that PAP, their representatives, and the local government in the affected areas fully understand the details of the resettlement program, and that they are informed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (PIB) will be prepared by the PMO, in consultation with WB. This booklet will be distributed to all PAP in the project area before DMS. General contents of the PIB will include the following: Brief Description of the Project, Implementation Schedule, Project Impacts, Entitlements and Rights of PAP, Resettlement and Rehabilitation Policies for All Types of Impacts, Institutions Responsible for Resettlement, Information Dissemination to and Consultations with Project Affected People, What To Do if PAP Have a Ouestion or a Problem, Grievance Procedure, and independent Monitnring. 5. Disclosure 63. In addition to disclosure to affected people and communities, this RAP or a summary will be displayed at public place suchi as at the PMO, Phti Ninh PPMU (S10), local provincial and district R Cs, Provincial Information Center to d isseminate information about the Project to all interested parties/stakeholders. C. Grievance Redress Procedure 64. In order to ensure that PAP grievances and complaints on any aspect of land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner a grievance redress mechanism needs to be established. Such a mechanism will ensure that all possible avenues are available to PAP to air their grievances and that they are well defined. It is also important that all PAP become aware of thie established procedures for the proposed grievance redress mechanism. The detailed procedures for b oth redressing g rievances a nd t he a ppeal process will be publicized among all PAPs through an effective public information campaign The grievance redress mechanism and the appeal procedures will also be explained in the public information booklet distributed to all PAPs. 1. Contents of Grievances 65. PAPs can lodge thieir complaints regarcding any aspect of compensation entitlerment, compensation policy, rates, land acqUisition, resettlement and entitlements relating to rehabilitation assistance programs. Complaints by PAP can he lodged verbally or in written form. but in case they are lodged verbally, the committee to which it is lodged will write it dowrn during the first meeting with the PAP. PAPs, who present their case to the PMO, District People's Committee (DPC), or PPMU will be exempted from paying any fees. In addition, PAPs lodging complaints and appeals to district courts will be plrovided with free legal representation. 2. Grievance Procedures 66. A four-stage procedure for redressing grievances is proposed. This includes: Stage 1 - Complaints from PAPs on ally aspect of the resettlement program, or un- addressed losses shall first be lodgecd verbally or in written fornm to the People's Committee at commLine level. The complaint can be discussed in an informal nleeting witll tile plainltiff 21 and thie chairman of the people's committee al cr.ommune level. The People's Commliltee at commune level will be responsible for resniving the issue withinl 15 days fromn the day it is lodged. Stage 2 - If no understanding or amicable solution can be reached, or if no response from the people's committee at commune level is received by the PAP within 15 days of registering the complaint, lie/she can appeal to the District Resettlement Committee. The vice-chairman of the DPC will hear PAP in person, and PAP will be invited to produce documents, which support his/her claim. The complaint must be settled within 2 months of registering the original complairnt. The DRC will provide a decision within 1 month of the registering of the appeal. Stage 3 - If the PAP is not satisfied with the clecision of thie DPC or its representative, or in the absence of any response by the DPC, the PAP can appeal to the Provincial People's Committee. The Provincial People's Comniittee together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC. Stage 4 - If the PAP is still not satisfied with the decision of the PPC or PRC on appeal, or in absence of any response from the PPC within the stipulated time, the PAP, as a last resort, may submit his/her case to the district court. VIII. BUDGET A. Financing 67. The Central Government will pay resettlement cost related to land acquisition of primary and secondary canals while compensation for the tertiary and of field levels canals will conme from local budget, or by contribution of thie direct beneficiaries. The latter will be based on intensive discussion and consultation with farnmers to finid out the ways for farmers/beneficiary to obtain equitable contribution to development of the tertiary/on-farm small canals, and adequate options has been presented as compensation for the involved losses. B. Flow of Funds 68. The PMO will be responsible for channeling funds for land acquisition and resettlemeni to the PRC which will be responsible for the payrenti of compensation directly to affected persons for land, crops, trees, houses, other struictures and for the various allowances. The PMO will also be responsible for contracting an external organization or otlier institutioni thiat will be engaged for independent monitoring. C. Adjustments for Inflation 69. The cost estimates in this RAP are based on 2003 prices (to be updated before compensation payment). The rates for compensation and cash entitlements for rehabilitation as well as allowances payable to affected persons will be adjusted annually, based on the acttual annual inflation rate. The PMO, together with the provinces, will rdetermine the annual inflation rate and enisutie the necessary aniual azil idjwid niits are iracle to comf)ensation rates and tl all cashi entitleriierits. D. Compensation Prices 70. The basis of prices used for land acquisition- arid resettlement set out below (Tables 5 to 7) indicate the prices issued by the provincec and the prices Llsed for cost estimates at ttie tinme 22 of theleasibilitystudy in 2003. The compensationi cost estimales in Table 7 includes a 10% contingency. (i) The current compensation and resettlement costs are based on: (a) land acquisition and census surveys conducted in April-May, 2003: (b) identification of different categories of impacts, resettlement policies, and enlitilements described in Section 5; (c) provision of Decree 22/1998 on compensation and resettlemenl; and {d) compensation prices issued by Quang Narn provinces in 2000. (ii) According to Decree 22 (Article 8), the prices for compensation shall be decided by the Provincial People's ComrTittee for each specific project. For present purposes, the price lists issued by (uang Narm province in the Decision 07/2000/QD-UB, on 03 February 2000, concerning land prices, and Price list attatched to the Decision 71/2002/QD-UB, on 05 May 2002, regulations on1 compensation and allowances to PAP in case of government recovering land for National Security, Safety, Nalional and PLiblic Interest in Ouang Nam province, and for its other similar and recent projects, and validated and/or adjusted by the consultants during preparation of the feasibility study, have been applied for preparation of this RAP. (iii) The main findings of Ihe consultants were the following: (a) prices for structures were adequate and fair, even quite high for temporary houses. However, (b) the prices for compensation of agricultLiral and residential land and some fruit trees were mostly below current market prices. (iv) In order to avoid complaints and to ensure fair compensation prices for affected persons, compensation prices used for cost estimates in t he RAP h ave b een based not only on prices issued by Ihe provinces, but also on price surveys condLicted in tihe affected ateas- However, to comply to some extent withl the unit prices issued by Ihe province the consuliant used the higher unit price for agricultural land and residential land as well as for trees for cost estimates. (v) During the detailed cdesign of the Project, the stibprojecl will revise compensation unil prices for all rategories of loss (land, crops, and Irees) to ensiure PAP receive actual replacement cost at curtrent market value at the time of compensation PAP and local authorities will he consulied on the proposed rates before they are finalized. Table 5: Compensation Prices for Agricultural and aquaculture land issued by Quang Nam PPC, December 2000 (D/m2) Prices User.t for Land Category Plain Commune Upland Commune Cost Estimates Category 1 7,5 00 6,300 _ 20,000 Category 2 6.300 5,000 Category 3 5.100 3.500 Category 4 4.000 3.000 Category 5 2.500 2.000 Category 6 1.000 600 L) = Vielnaqwese l)nnq. ' =snlinre netlp. Table 6: Compensation Prices for Residential Land issued by Ouang Nam PPC, Dec. 2000 Tarn Thanh Binhll uy Binh Tu Ha Lam Prices Usecl for Land Category Commune Commune Commune town Cost Estimates Category 2 13,000 Category 3 11.000 Category 4 9,000 100,000 Category 5 7 000 0 = Vietnaiese Dong. m =neler, m = sqLuare meter 23 E. Implementation Costs Defined 61. Costs for land acquisition and compensation will be fuilly funded by the Government. Resettlernent administrative cost include performing resettlement activities by PPMU/SIO and resettlement consultant, and management fees for various resettlement committees, implementing agencies. It consists of cost for the payment of salaries, per diem, logistics, management fees, etc: cost for Detailed Measurement Survey (DMS) of losses, evaluation of assets lost, pricing application; public information and dissemination, preparation Project Information Booklet, posters. materials anci dissemination of information; cost for organizing and performing public consultation and grievance redress. The administrative costs are set to 5%. 71. A budget will be provided for traininig of full time and/or part time staff involved in tlhe project resettlement activities. Contents of t1e training will cover such topics as resettiemelit policy of the project, of WB andl the Vietnam current resettlement policy: oulstanding resettlement issues. stakelholders participation: methods of public informatiotn and consultation. Specific resettlement topics and skills, for example, the DMS and compensation forms, evaluation of lost assets, identification of entitlements. Training will be provided to particular groups of resettlement officials and consultants. Training of staff and consultants for capacity building is set to VND 154,000 ($ 10,000). 72. Monitoring costs includes costs for internal and external monitoring, which is set to 3%. A contingency cost is set to 10%, as shown in table 7 helow. F. Cost Estimates 73. The estimated cost of resettlement for the all land and crops/trees cost affected by identified canals is VND 1,147,545 ($74,516). The total cost estimate is VND 1,404,823 ($92,928). Table 7: Total Estimated Costs Landi {Unit Protect Acqu;isition HHs acqujisition Qllantity rate Tolal cost Total cost component reqd tlie) atlected| impacts/ Unit of losses ('000 ( 000 VND) USS entitlements VNDO Main canals n SCanal 12 003 0 -nr rn2 3n(47 3n 9 1 4I IIIi Cror.R (rice) nQl 3.047 3914 1 Canat 16 0 2 _ Land m2| 2.100 0 _3,000 4.091 Crops mn2 2.100 3 6.300 409 Can:3 16-1.2 0 20 4 LIand in 2.000 3n 60.000 3 .1af C.rnp, n?2 2.000 3 fin.r0 390 Canal 16t1.3 0 16 5 Lannd I2 1,t00 30 54.nfn 5r nr; Cron, 11m2 1.800 3 5.1dtO 15 I Canal ta 0 7 113 Land n-2 rf412 30 I192 3fin 12i101 n?2 6.412 3 '1 ?36 1 2,10 I .,1111 1I.ii ./' ..1 1,(il I.M flii.,, 1111' : 1 1 rins Irecs 4sn in 1, 70ir 1.- "' 1>-. rra I40 In I .1''1! Can"al T8 11) n 59 5A Lrwi; -2 5.89fi 30 12 7SPn 9P n .iP. fiii .gii,11 5 856 3| 17 fiRR 1 140 C¢iial I 12 | t06 121 7 rcl in2 9f610 30 2RA.3l10 '21 I oaD in?7 9.610 3 21s '110 5 77 Iland iilrl ni? 300 500 IA ns)I irn rT ree trees 380 30 1 1 .;on 7.1r 24 Land Unit Project AcquIsition HHs acquisition Unit Qtiantity fate Tolal cost Total cost component reqd (hal alfecled inmpacts! of losses 1(000 (000 VND) (USSI entillements VN1) Irees Ir.es 100 1t 1.00o 65 ILand rn2 150 150 22.5no 1 Jfil (residenliall I 33 Total base compensation cost 1,147,545 S 74,516 Total base compensation cost 1,147.545 S 74.516 Administration cost 5% 57.377 $ 3.725 Moniloring 154.00 s 10.000 cost Training cost (33A} ___ 31.42fi 5 2.235 Notes Conligency Cost (10%) 10% 11.475 _ __ _5 Grand Total Resettlement 1404,823 | 92,928 1Ec.lraae rale $1=15.1008 VNU cost l 9 2 2 Calckulaltons based on estimTiate(d qkialities only pnendini; IOL survey 3 No s'itictrire and no relocalion irn Phase I aca is envisaaed. IX. IMPLEMENTATION SCHEDULE 74. Approval of the RAP. The Government will send this RAP to the World Bank and it has to be approved as a precondition for appraisal. 75. Information Disseminati an Prior to Detailed Design. Prior to the commencement of detailed design, MARD will provide information about the Project tihroughout the project area. Information meetings will be held in all potentially affected commune to inform the communities about (i) the project scope, (ii) impacts. (iii) entitlemenis for all categories of loss, (iv) schedule of activities beginning with tIhe delailed design survey, (iv) inslitutionial responsibilities, and (v) tIhe grievance mechanism. The PIB will be prepared and distributed to all affected communities during the meetings. 76. Establishment of Resettlement Committees. All provinces will estahlish tlieir resettlement committees at provincial and district level as soon as the Project has been approved. 77. Training for Resettlement Staff. Within 2 months of mobilization of the resettlement consUltants for the PMO, all local resettlemiletil staff at PPMU/ SIO, PRC, DRC. and cornmur-e levels will be trained by the PMO assistedl by [he consultatits. Training subjects will include (i) procedures For preparing the RAPs; (ii) consultatiorn and information disseminationr methods: (iii) principles, policies. and entitlemenits of the RAPs: (iv) implementation steps, procedures, and schedule; (v) grievance redress mechanism; and (vi) powers and obligations of individLialsiagencies involved in the process of resettlement programs. 78. Updating Compensation Rates. Dturinig the preliminary detailed design 1) pocess. tIhe PPCs will update Unit rates at replacemetit cncl fo- all categories of Inss and adjust allowances In account for inflation. This will be done in rnnsrultation with PAP and local government aremcies 79. Detailed Measurement and Census Survey. Before each new phases of tie, VWRAP new D MS will b e c onducted i 1n e ach subproject area a fler c ompletion o f the detaited cdesign. These surveys will serve as a basis for compiensation and new RAPs. Data will be computni ized by PMO. 25 80. Pricing Application and Compensation to PAP. Resettlement committees at all levels will be responsible for pricing application and preparing compensation charts for each affected commune/district. These will be subject to verification by PPMU/SIO, PPCs. and PMO of unit prices, quantity of affected assets, PAP entitlements, etc. before posting them at each commune for the people to review and comment. All compensation forms must be checked and signed by the PAP to indicate their agreement. 81. Compensation and allowances will be handled at commune level under the supervision of representatives of DRCs and PPMU. Guidance will be given by PPMUs to aid local resettlement committees in making payments to PAP. 82. Monitoring. Internal ancJ external monitoring shall start as soon as the updated RAP has been approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external monitoring organization prior or during DMS to update and advice PPC on compensation rates. A post-resettlement evaluation will also be undertaken by the external monitoring organization 6 to 12 months after completion of all resettlement activities. X. MONITORING AND EVALUATION A. Monitoring 83. Monitoring is the continuous process of assessment of project implementation, in relation to agreed schedules, the use of inputs, infrastructure and services by the Project. Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible to facilitate timely correction during project operation. 84. Monitoring has Iwo purposes: (i) To verify that project activities hiave been effectively completed including quantity, quality, and timeliness; and (ii) To assess whethier and how well these activities are achieving the stated goal and purpose of the Project. 85. Regular monitoring of the RAP implementation will be conducted by the implementing agencies (PPMU/SIO, and PMO) as well as by an independent external monitoring organization hired by the PMO. B. Internal Monitoring 86. Interinal monitoring of the implementation of the subproject RAPs will be the responsibility of the implementinig agencies, with the assistance of the project consultants. The implementing agencies will oversee the progress in resettlement preparation and implementation through regLilar progress reports. 87. The main indicators that will be ruo iltied l egular ly are: (i) payment of comnpensation to PAP in various categories, according to tihe compensation policy described in the RAP; (ii) delivery of technical assistance, relocation, payment of subsistence, and moving allowances; (iii) delivery of income restoration and rehabilitation assis!ance entitlements; (iv) public information disseminationi and consultation procedures: 26 (v) adherence to grievance proceduLes and outstandinig issues requiring management's attention: (vi) priority of PAP regarding the options offered; and (vii) coordination and completion of resettlement activities and award of civil works contract. 88. The implementing agencies will collect information every month from the different resettlement committees. A database of resettlement monitoring information regarding thle Project will be maintained and updated every month. 89. The implementing agencies will submit to the PMO a monitoring report on the progress on implementation of the RAPs These reports will be forwarded to the World Bank as parl of thieir regular quiarterly report to the World Bank. The inlernal monitoring reporls shall inclticle the following topics: (i) The nirmher ofr PAP hy rategory of impact per componenl. and the sltatis of compensation payment and relocation and income restoration for each category. (ii) The amount of funds allocated for operations or for compensation anid the amount of funds disbursed for each. (iii) The eventual outcome of complaints and grievances and any outstanding issues requiring action by management. (iv) Implementation problems. (v) Revised actual resettlement implementation schedLule. C. External Monitoring 90. Objectives. The general objective of the external monitor is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihioods, restoration of the economic Pnd social base of the affected people, the organizational effectiveness, impact andc stictainahilily of entiliements, the need for further mitigation measutres if any, and to learn stralegic essgons for ftilure policy formnLJlation and planning. 91. Agenccy Responsible. In accordance with the World Bank requirements for consultant procurement, PMO will hire an organization for the independent monitoring and evaluation of RAPs implementation. This organization, to be called the Monitorincg Organizaliun (MO) will be specialized in the Social Sciences and experienced in resettlement monitoring. The MO shouIld start their work as soon as the updated RAPs have been approved. 92. Monitoring and Evaluatiorn Indicators. The following indicators wilt be monitoredl and evaluated by the MO: (i) Payment of compensatiotn will be as follows: (a) fitll payment to he made to all affectert persons sufficiently before land acqujisitioi: (h) adequacy or paymrient to replar.e affected assets. (ii) Provision of techniical assist-ance for hotuse construction to PAP who are rephtildinq their structures on their remaining latid or buildinq their own structures in new planes as arranged by the project, or on newly assigned plots. (iii) Provision of income reslor. lin . Is:; ii r. (iV) Public consullation andl awareness nf compensation policy: (a) PAP should tie ftilly inlnrm1led adrt consulted abOLIt lanrd aCCluisilion. leasinig andc relocation activities: (b) the moniloring team shouild attend at least orne pIlblic consuilation meeting to monitor puhlir; consultation procedures. problems and issues that arise dutring the meelings, arid solutions that are proposed; (c) public awareness of the compensation policy ainr entitlements wilt be assessed aniong tlhe PAP, and (d) assessment of awareness of various options available to PAP as provided for in the RAPs. 2 7 (v) Affected persons should be monitored regarding restoration of productive activities, (vi) The level of satisfaction of PAP with variouis aspects of the RAP wilt he monitored and recorded. The operation of I he mechanisms for grievance redress. a nd the speed of grievance redress will be mnonitored. (vii) ThroughoLIt the implementation process, llte trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported D. Monitoring Methodology Sample SLurvey 93. A socio-economic survey will be requirerd before, during and after resettlement implemi-entation to provide a clear comparison of successifailure of the resettlement plan. Monitoring will be on a sample basis. The sample size should be I 00% of reiocating households and severely affected farmers, and at least 10% of all other houselholds. The sample survey should be conducted twice a year. 94. The survey should include women, elderly persons, and other vulnerablle target groups. it should have eqLual representation of male and female respondents. 95. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of aFll resettlement activities. Database Storage 96. The MO will maintain a database of resettlement monitoring inforrnationi. Il will conlain files on each affected household and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implementing agencies and the PMO. Reportling 97. The MO will be required to submit the findings of the periodical monitoring every 6 months. These monitoring reports shall he submitted io the PMO, which in turn will submit the reports to the World Bank as an annex of its progress report. 98. The report should contain (i) a report on the Drogress of RAP ir-iplerientatoin fii) deviations, if any, from the provisions and principles of the RAP; (ii) identification of prohlem issues and recommended solutions so tiha implementing agencies are informed about Ihe ongoing situation and can resolve problemis in a timely manner; and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. Monitoring Report Follow-Up 99. The moniloring reports will be discussed in a meeting between the MO, PMO and implementing agencies held immediately afler submission of the report. Necessary 1olloW-Lip aclion wilt be taken based on the problems and issues identified in the reports and follow-LJp discussions, F. EvalIuation I (0. Evaluation is anl assessnerit at a c.ivera i puirit of limie of lte iriiDact of resettlemI(ert a,i,l whelher stated objectives have been achieved. The external monilor wilt conduct an eval0uatior of the reseltlement process and impact fi to 12 months after completion of nll resettlemern activities using the same survey qLuestioniaire and sample as used during the monitoring activities. 28 ENTITLEMENT MATRIX TYPE OF DEFINITION OF COMPENSATION ITEM LOSS APPLICATION ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 1 2 3 4 5 . 1 Permanent loss Less than 10% of total Legal user with PAP will he entitled to- HH without LURC but their name listed in of arable land affected assets lost due permanent rights to use (i) Cash rompensation for acquired land at 100% of the land book of the commune and still now to acquisition of arable the affected land, and replacement cost. and using that land are considered as fully legal land. temporary user who will (ii) Cash compensation for crops and trees at market users. I be legalized before price. Marginal impact on compensation as a If the viability o f t he r emaining land i s I ess household income and permanent user. than the minimum viable economic unit,. living standards, i then the entire piece of land would be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I acquired and the PAP would fall under the I * _ _ I next category. 29 TYPE OF DEFINITION OF COMPENSATION ITEM LOSS APPLICATION [ ENTITLED PERSON POLICY IMPLEMENTATION ISSUES 1 ! 2 3 4 5 6 2 i Permanent loss Loss of residential land Legal user with PAP will be entitled to cash compensation for land and In case a mult-generabon HHs need to of residential without structures built permanent rights to use trees /crops if yes at 100% replacement cost of the subdivided to net family, the remaining land land thereon the affected land. land is not enough for building house, the PAP will be entitled to compensation option land Marginal impact on for land as priority, and house income and living Cash in lieu of land will be offered only as a {lstandards last resort or at the informed request of the PAP. I 3 Temporary Temporary loss of arable I Land users with If the quality of land will be radically impact during land legal/legalizable rights or (i) Compensation for one harvest of crops/trees at full changed when retum to PAP, requiring PAP l construction | temporary land use right market prces to change in the types of land use, then PAP (ii) Compensation for loss of net income from should be compensated for all envisaged subsequent crops that cannot be planted for the cost of losses duration of project temporary use, AND (iii) Restoration of land to its previous or better l I I l quality by providing measures to improve land i j i | quality in cases of land being adversely affected or acidified, AND (iv) If the duration of project's use the land exceed more than one year, then the PAP have option to: 1) Continue use of the remaining land, keeping with the legal user's agreement, OR, 2) lSell" it to the Project at 30% of replacement I _ _ _ _ _ _ _ ,__ _ _ _ _ _ _ _ _ _ _ _ _ I__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ co sts(2 );,1 (2) This remaining land then will be transferred by the project to iocal land use/management organizations 30 { 7 TYPE OF' | DEFINITION OF COMPENSATION TEMI LOSS APPLICATION j ENTITLED FPERSON POLICY IMPLEMENTATION I',SUES 2 o 3 :4 5 6 P a 7 | I o~`s`sof standing crops Crops ocated within Household who cultivates the land. PAP are entitie to cor-pensation in cash alL l Dproject recoviered market value. areas and the ROVW of 'the canal network or affected by olther forojeCt component. 8 .oss of trees Trees located wNithin Household who occupies the land where trees arE-located PAP are entitled to cornpensation in cash at project recovered irrespective of larid tenure status. market value on the basis of type, ae, and areas and the ROW of productive value. the canal network or affectecd by other project component. 31