SOCIALIST REPUBLIC OF VIETNAM THAI BINH PROJECT MANAGEMENT UNIT RP280 VOL. 11 RESETTLEMENT PLAN THE RURAL WATER SUPPLY AND SANITATION PROJECT OF 09 COMMUNES IN THAI BINH PROVINCE THIRD STAGE - SUB-PROJECT IN THANH TAN, BINH THANH, BINH IIINH, VU HOA, VU THANG COMMUNE, KIEN XUONG DISTRICT; DUY NHAT, VU DOAI, VU VINH COMMUNE, VU THU DISTRICT; BAC HA1 COMMUNE, TIEN HA1 DISTRICT, THAI BINH PROVINCE THAI BISH, 1212008 SOCIALIST REPUBLIC OF VIETNAM THAI BINH PROJECT MANAGEMENT UNIT RESETTLEMENT PLAN THE RURAL WATER SUPPLY AND SANITATION PROJECT OF 09 COMMUNES IN THAI BINH PROVINCE - THIRD STAGE SUB-PROJECT IN THANH TAN, BINH THANH, BINH DINH, VU HOA, VU THANG COMMUNE, KIEN XUONG DISTRICT; DUY NHAT, VU DOAI, VU VINH COMMUNE, VU THU DISTRICT; BAC HA1 COMMUNE, TIEN HA1 DISTRICT, THAI BINH PROVINCE PROJECT INVESTOR PROJECT PREPARATOR THAI BINH RURAL WATER SUPPLY AND .SSOCIATION OF VIETNAM WATER, SANITATION SANITATION PROJECT MANAGEMENT AND ENVIRONMENT JOINT STOCK COMPANY UNIT (VIWASE) AND ORIENT CONSULTANT AND INVESTMENT FOR INFRASTKUCTURE THAI BINH, 12/2008 CONTENT 1. INTRODUCTION ...................................................................................................1 2. LEGAL FRAMEWORK AND ENTITLEMENT POLICY ........................................1 2.1 Laws. Decrees and Circulars of Vietnam .................................................................... 2 . 2.2 World Bank policy on involuntary resettlement ..........................................................2 2.3 Policies to be applied by RRD-RWSS ......................................................................... 3 3. PROJECTAFFECTED SCOPE AND INHABITANT STATUS ............................3 3.1 Project affected area and displaced persons.................................................................4 3.2 Displaced person conditions in the project affected areas ...........................................6 4. INSTITUTIONAL ARRANGEMENT ......................................................................6 4.1 Central Project Office ................................................................................................... 7 4.2 Provincial People's Committee .PPC ..........................................................................7 4.3 Provincial RRD-RWSS Steering Committee ...............................................................7 4.4 Provincial departments................................................................................................. 8 4.5 Clean water supply and rural sanitation Project Management Unit.............................8 4.6 District People's Committee.........................................................................................9 4.7 The Compensation, Allowance and Resettlement Council..........................................9 4.8 Conimune people's committee ..................................................................................... 9 4.8 Independent Monitoring Organization.........................................................................9 5. PUBLIC CONSULTANT. lNFORMAlUlONANNOUNCEMENT AND GRIEVANCE MECHANISMS ............................................................................................................9 5.1 Objectives of information announcement and public consultation..............................9 5.2 Consultation during Project's preparation ...............................................................10 5.3 Grievance Redress Procedure .................................................................................... 12 6. IMPLEMENTATION SCHEDULE.......................................................................12 7. MONITORIN.G AND EVALUATION ....................................................................13 7.1 Objectives .................................................................................................................. 13 7.2 Internal Monitoring.................................................................................................... 13 7.3 Independent Monitoring .............................................................................................14 7.4 Monitoring methodology and reporting .....................................................................14. 8. COST ESTIMATEAND BUDGETS.................................................................. 15 APPENDIXES Appendix 1 Entitlement matrix Appendix 2 Progress of land acquisition for sub-project Appendix 3 Project affected household Information Appendix 4 Project affected household's Socio-economicFeatures ABBREVIATION BAH Affected CPC Commune People's Committee CPO Central Project Office DMS Detail Measurement Survey DP Displaced persons DPC District People Committee DRC District Resettlement Committee DB-TDC Compensation & Resettlement GOVN Government of Vietnam MO Monitoring Office PDH Project Affected Household PMU Provincial Management Unit PPC Provincial People Committee PRF Resettlement Policy Framework RP Resettlement Plan RCs Resettlement Committees RRD-RWSS Red River Delta Rural Water Supply and Sanitation Project TDC Resettlement WB World Bank DEFINITIONOF TERMS Vulnerable Groups Separate groups who could be adversely affected by the relocation (Poor households, ethnic minority groups, handicapped people...) Resettlement is the general term related to land recovery and compensation, assistant, resettlement and income restoration for loss of assets whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood. Compensation FinanciaVmaterialized compensation for DP, including cost estimate and loss compensation, support. Income restoration is the process to recover income, production activities and living standard for long time. Resettlement Plan Completion of Action Plan with fully timetable and detailed budget for developing resettlement strategy, objectives, rights, actions, responsibilities, monitdring and evaluation. Replacement cost is the term used to determine the amount sufficient to replace lost assets and cover transaction costs. When domestic laws do not meet the standiud of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standards. Living Standard Supplement of compensation for assuring DP who suffer seriously from Recovery loss of production material, loss of income/job or means of livelihood to have have equally or better living standard. The date of announcement of component boundary to Displaced Persons and local communities, DP will be informed of the cut-off date for each Project component, and that anyone moving into the Project Area after that date will not be entitled to compensation and support under the Project. Eligibility Any person who at the cut-of-date was located within the area affected by the project, its components, or other subproject parts thereof, and would: (i) have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); or (ii) do not have formal legal rights to land at the time the census begins but have a claim to such land or assets - provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan. (iii) Do not have legal nor recognizable by laws right to the land they are occupying where they live or/and have properties/assets, within the project area, before the cut-off date. Persons covered under (i) and (ii) are provided compensation for the land they lose and other suppo:rt at full replacement cost. Persons covered under (iii) are provided resettlement support in lieu of compensation for the land they occupy, and other support, as necessary, to achieve the objectives set in this PF, if they occupy the project area prior to a cut-off date. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement support. The rural Water supply and Sanitation Project in 9 communes in ThaiBinh Province (third stage) 1. INTRODUCTION Red River Delta Rural Water Supply and Sanitation Project continue implementing in communes proposed during Pre-Feasibility Study (PFS) after being conducted pilot sub- projects in 7 communes in Hai Duong, Thai Binh, Nam Dinh and Ninh Binh provinces. 9 communes of Thai Binh province proposed during Pre-FS include: Duy Nhat, Vu Doai, Vu Vinh commune, Vu Thu district; Thanh Tan, Binh Thanh, Binh Dinh, Vu Hoa, Vu Thang commune, Kien Xuong district; Bac Hai commune, Tien Hai district. Project is divided into 4 sub-projects: (1) Binh Nguyen commune (this commune was participated in second stage) and Thanh Tan commune, Kien Xuong district; (2) Duy Nhat and Vu Doai commune, Vu Thu district; (3) Vu Hoa, Vu Thang commune, Kien Xuong district and Vu vinh commune, Vu Thu district; (4) Binh Thanh, Binh Dinh commune, Kien xuong district and Bac Hai commune, Tien Hai district. Main objects of the project are to expand coverage of clean water and sanitation and improve living standard and support poverty reduction activities to project rural areas. The project will be a direct investment in the National RWSS Strategy developed with World Bank and Danida assistance. Expanding coverage of RWSS has been defined as one of substantial objectives of the National RWSS Target Program. The Red River Delta Rural Water and Sanitation project including the sub-projects in Thai Binh province have been executed according to APL program. Project investment loan is divided into small items that are adjustable and succeeding to assist rural water supply program in a long-term development. Project implementation conforms to guideline of World Bank and Vietnam's regulations. The project has consist of sub-projects that have been carried out at commune and intercommune level. There are four major Project components: (i) Construction/Rehabilitation of the RWSS Infrastructure (ii) Health and Hygiene behaviour change education, health improvement (iii) Capacity building and institutional strengthening for community and local institution for project implementation; (iv) Project monitoring and management. The Resettlement Plan (RP) has been based on the Resettlement Policy Framework that prepared during Pre-Feasibility Study and approved to the Prime Minister. This RP will comprise of all activities relating to compensation and land acquisition during the project implementation. In general, a number of subprojects affected from land acquisition are relatively insignificant. There are total of 13 households in 04 sub-projects whose agricultural land is acquiesced. No household has to be resettled. The project affected people (BAH) - Displaced (DP) are also the project beneficiary. The RP which is prepared during the Feasibility Study include: the compensation and resettlement policy framework; project displaced areas and people; institutional arrangements; budget; monitoring and evaluation. 2. LEGAL FRAMEWORKAND ENTITLEMENT POLICY The Resettlement Plan (RP) is based on the Resettlement Policy Framework made during the PFS preparation. This RP will apply the various laws, degrees, and circular regulating use of land in Vietnam as well as the World Bank policy. Resettlement plan The rural Water supply and Sanitation Project in 9 communes in ThaiBinh Province (third stage) 2.1 Laws. Decrees and Circulars of Vietnam List of regulations of the Socialist Republic of Vietnam have been applied as follows: Constitution of the Socialist Republic of Vietnam dated April 15th, 1992. Land law dated November 26th, 2003. Decree No.181/2004/ND-CP dated October 29th, 2004 on the implementation of Land law. Decree No.18812004JND-CP dated November 16th, 2004 on methods of determining land prices and assorted-land price brackets. Decree No.l98/2004/ND-CP dated December 03rd, 2004 on collection of land use levies. Decree No. 197/2004/ND-CP dated December 03rd, 2004 regarding Compensation, Assistance, and Resettlement Where Land is Recovered by the State. Decree No.l7/2006/ND-CP dated February 06th, 2006 supplementing and innovating the articles in the instruction Decrees on land law implementation. Decision No. 20/2005/QD-UBND dated February 24'h, 2005 for price list for compensation when the State recovers land in province. Decision No. 3248lQD-UBND dated February 29Ih, 2007 for prices of different types of land in province The Land Law of 2003 provides for the assignment of land to people by land use right which bears close similarities to individual property. Some of the important issues relevant to land usage, acquisition can be summaries as follows: a) The State reserves the right to allocate land and determine its usage. b) Families and individuals who have been assigned with land have the right to exchange their land for another piece; transfer their land use right to another party; and rent, bequeath, or use their land as collateral. C) The People's Committees at all levels (Province, District, and commune) are responsible for the administration of land use in their localities; the People's Committees at all levels are responsible for managing land within their domain. d) The State reserves the right to expropriate land when truly necessary, in cases of national defence or security, or national and public interests. In these cases, the land user will be compensated for loss of possessions. The "national and public interest" is defined in GoV Degree No 197/2004/ND-CP of 3rd December 2004 which includes infrastructure projects. Before land is recovered, the land users must be informed of the reason for expropriation, time schedule and plan for relocation, if necessary, and options for compensation. 2.2 World Bank policy on involuntary resettlement Involuntary resettlement under development projects, if unmitigated, often give rise to severe economic, social, and environmental risks: production systems are dismantled; damages on material and immaterial property (housing, land, forest resources, cultural sites, properties of commercial value, social and cultural activities) are inflicted. Such effects can be either temporary or permanent. Thus the World Bank policy regulated by OP/BP 4.12 includes safeguards to address and mitigate these risks. The basic guiding principle of the World Bank resettlement policy is that: Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) (a) Involuntary resettlement should be avoided where feasible, 01. minimized, exploring all viable alternative project designs. (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and ilnplementing resettlement programs. (c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real texms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 2.3 Policies to be applied by RRD-RWSS Resettlement policy which is applied for RRD-RWSS (including sub-project) will be harmonious between World Bank requirements (Involuntary Resettlement Policy OP 4.12) and Vietnam laws and regulations. Principles in the project resettlement policy include: a) All project affected people, regardless of their owner situation, social economic position, will be reasonably compensated, and supported for their loss of assets, income and business according to the replacement prices and given suitable resettlement measures, in order to assist in their efforts to improve their livelihoods and standards of living or at least restore their living standards, income and production capacity to pre-displacement levels. b) Land prices for calculating damage compensations (compensation, support) are determined closely with the actual transferred land use right price in the market at normal conditions. When there are differences from the actual transferred land use right price, land prices for calculating damage compensations shall be appropriately adjusted. c) Compensation for affected dwelling houses and construction sites according to the new construction value of damaged dwelling houses and construction sites having technical standards equal to dwelling houses are made without discalculate for salvage raw materials or depreciation. d) People who, lived, worked and had their assets attached to project affected areas or suffered from other damages caused by project implementation prior to the cut-of- date are entitled to compensation (compensation, support). e) Resettlement assessment monitoring is regularly executed with the parti~;ipationof affected persons. 3. PROJECT AFFECTED SCOPE AND INHABITANT STATUS In recent years, urban and rural area of Thai Binh province have many innovations ncessantly as well as the development of oher provinces in the country. The living standard of people in rural area is better and better. Their demand of infrastructure improvement including clean water supply and sanitation are necessary. Water supply and sanitation sub- project covering rural communes in Thai Binh province will make the satisfied condition for socio-economic development. The size of Water supply and sanitation sub-projects (RRD-WSSP) is commune or inter- commune. The pumping station, water tower and water treatment plant have to acquire land for construction. The distribution and service pipe system is planed to intall in road and Resetflemenf plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) there is no effect by land acquisition. Locations of the pumping Station, water tank and water treatment Plant were considered carefully basing on appropriate technology solution and reducing the effect by land acquisition to household. Most of area of recoved land for construction is public land and under administration of commune authority. So, scale affected area by sub-project is small. There are total of 13 households in 09 communes whose agricultural land will be recovered. 100% of DH also enjoys official involvement form project 3.1 Project affected area and displaced persons According to the proposed design of a sub-project at all communes, the water supply systems in 04 sub-projects generally consist of: Intake facilities and pumping station 1 (raw water pumping station) are planed to be installed nearly water source in the area of 100-350m2. Raw water will be moved form the station to water treatment plant. Most of area of recoved land for pumping Station is public land and under administration of commune authority. These areas are either free or to be delivered to HHs every year. The water treatment plant is planed to be installed in the area of 2000-3500m2 (depending . on designed capacity). This plant comprises mixed tank, sediment tank, filtration tank number, clean reservoiur, the pumping station 11. Area of land recovery for construction and information of displaced persons by sub-project in Thai Binh province show in table 1 and 2. Table 1. Construction components and area of land recovery 7 No Sub-project Construction Area of land Number of Component recovery (m2) Affected HH 1 Binh Thanh, Binh Water intake, raw water 100 1 Dinh Bac Hai pumping station commune Water Treatment Plant 3456 3 2 Binh Nguyen, Water intake, raw water 325 0 Thanh tan pumping station commune Water Treatment Plant 2000 1 3 Duy Nhat Vu Doai Water intake, raw water 100 1 commune pumping station Water Treatment Plant 3000 3 --- - 4 Vu Hoa, Vu Thang, Water intake, raw water 100 0 Vu Vinh commune pumping station Water Treatment Plant 2520.4 4 Total 11601.4 Resettlement plan The rural Watersupply and Sanitation Project in 9 communes in ThaiBinh Province (third stage) Table 2. General information of Dispaced households Binh Thanh. Binh Dinh. Bac Hai commune Intake and Raw water pumping station L Van Dieu kI 1 -- legal Water treatment plant 1 BiiiThanh X u h pp 2 L ViinHh 1030 2660 3 Le V5n Hohnh 791 1141 69.3 Legal Binh Nguyen. Thanh Tan Commune Intake and Raw water pumping station 1 Qu6cTu~n 325 Legal Commune PC IWater treatment plant I I -- I Binh Nguykn 1450 1450 Commune PC I 1 I 2 LeThanhHAi 550 550 Duy Nh$t. Vfi Doai Commune 1Intake and Raw water pumping station 1 I 1Nguyen The Mbn 100 3082 3.2 Water treatment plant I I 1 NguydnThanh 1253 1253 100 Legal Duong 2 NguyEn Van Tugn 873 2213 39 Legal - 3 D8 Van Binh 874 3424 25.5 Legal Vu Hoa. VO Thhng. Vfi Vinh Commune Intake and Raw water pumping station 1 Office of Vu Binh 100 171000 Legal Commune PC I Water treatment plant 1 1 /DaTh/TL(Tu) 770 1584 48.6 1 Legal 1 3 NguyEn Thi Teo 604 2628 22.98 4 Pham Thi Thao 626 1584 39.5 k The land acquisition for the project is all agricultural land being used to cultivate rice and mulbery Resettlement plan Therural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) - 3.2 Displaced person conditions in the project affected areas Social surveys and investigations on the sub-project's effect that were conducted in October and November in 2008 have collected various social economic data, identified affected forms, estimated affected levels and inventoried affected properties. These surveys are carried out in cooperation with local authorities and affected households. The survey results have shown that 13 households (51 members) with 26 labours are affected by the agriculture land acquisition in 3 project communes. PAH's Socio-economic condition is indicated in following table. Table 3. Displaced household 's socio and economic features No Head of a Age Occupation The The Monthly household number of number income of a members of household ofa working household people 350,000 200,000 280,000 300,000 1 1,300,000 Duy Nhat, Vu Doai commune 1 Nguyen Thanh Farmer 45 Dumg 4 2 2 Nguy6n Van Farmer 45 Tudn 4 2 3 DBVanBinh 53 Farmer 5 2 4 Nguyen Th6M8n 55 F m e r 5 3 1Vu Hoa, Vu Vinh, Vu Thang commune 1 1 DBTh!Ti(Tu) 70 Farmer 2 1 -- 2 Tr$n Van KhBi 28 Farmer 3 2 3 Nguyen Thi Teo 62 Farmer 3 3 - 4 Pham Thi Thao 78 Farmer 2 1 All the households being affected by land acquisition are living average, fair and good living conditions. Beside the income from agriculture, the HH's income is increased by temporary jobs which are done in free time of year. 4. INSTITUTIONAL ARRANGEMENT Structures of implementation arrangement and an overview of key responsibilities for/in every level/unit participating in implementation of project resettlement can be described as follows: Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) 4.1 Central Project Office A CPO takes a responsibility for overall project coordination. A Project Management Office based in CERWASS provides assistance to the RRD-RWSS SC. The SC is responsible for overall project coordination, including liaison between the Government and subproject PPCs and the WB. Specific resettlement responsibilities of the SC are: (i) Develop policies and strategic guidance to project activities in accordance with approved RP. (ii) Review and approve objective and project framework justification. (iii) Work plan and annual budget. (iv) Monitoring and Approval Project Updating Report. (v) Overall responsibility for RPF's and RPs' implementation (vi) Consolidate project progress reports on land acquisition and resextlement for MARD and WB. (vii) Consolidate project accounts, and reviewing audited accounts. 4.2 Provincial People's Committee PPC - The PPC is the Executing Agency (EA) responsible for overall implementation of the subproject, including implementation of Abbreviation Resettlement plan (ARP) for its subproject. The PPC is responsible for following project's approved by Prime Minister ARPF for as a condition to participate in the Project. It is of the highest administrative level the body responsible for approving ARP for its subproject after the draft of the ARP got WB's concurrence and making decisions related to project's resettlement issues,, including compensation rates and rehabilitation assistances measures for DPs. The PPCs are also responsible for steering relevant agencies to fulfil their assigned tasks. 4.3 Provincial RRD-RWSS Steering Committee A provincial steering committee (PSC), on behalf of the PPC, will have overall responsibility for project implementation. The PSC consists of the PPC vice-chairperson; directors/deputy directors of provincial line departments including departments of Construction, Finance, Planning and Investment, Land use management. Environment; chairpersonlvice-chairperson of the DPC, chairperson of the Provincial Women's Union, and manager of the Project Management Unit (PMU). Key responsibilities include follows, not limited to: (i) Assist the PPC review the RP updated by the PMU with revised compensation rates based on a replacement cost survey. (ii) Advise PPC to issue decisions on acquisition and allocation of land required for development of subproject components, including allocation of land to poor and vulnerable DPs; (iii) Advise PPC to approve resettlement budget and ensure timely disbursement of funds; (iv) Advise PPC to review and approve resettlement documents submitted by PMU for its approval; (v) Advise PPC and PMU on ways to redress and resolve any DPs grievances that have been appealed to PPC, and refer all DPs grievances to the appropriate channels. Resettlement plan The rural Water supplyand SanitationProject in 9 communes in Thai Binh Province (third stage) (vi) Recruitment and monitoring consultants, including recruitment and monitoring resettlement independent monitoring agencies. 4.4 Provincial departments Department offinances: a) To preside at coordinating with related departments to submit to the PC for approval of land and assets prices. b) To guide report preparation and preside at appraising options of compensation, allowance and resettlement. c) To examine the payment of compensation, allowance and costs for implementation of compensation, allowance and resettlement. Department of planning and investment: To introduce, check on preparing and implementing resettlement plan. Department of Natural Resources and Environment: a) To guide the defining of types of land, land areas and conditions for entitlement to compensation when land is recovered by the State. b) To determine level and scope of impact, recovered land area in order to create a basis for calculating compensation and support to all subjects. c) To preside at coordinating with the Department of Investment and Planriing and the Department of Construction in order to submit to the Thai Binh PC for decision on scope of land to be recovered for the project. Department of Construction: a) To guide the defining of scope, areas and legality of construction works connecting closely with land recovery. b) To appraise qualities of dwelling houses, architecture materials, treasure, station and other construction works. c) To coordinate with authority agencies to determine the position and scope of resettlement areas. Tax Department: To guide the Branch of tax in Districts and cities the defining of different types of land that are payed taxes by individual, household or organization. 4.5 Clean water supply and rural sanitation Project Management Unit Clean water supply and rural sanitation Project Management Unit (PMU) under Department of Agricultural and rural Development being representative of Investor is responsible for . project implementation, including RP. It comprises technical, institutional, social and resettlement, administrative management, and accounting divisions. The PMU will be responsible for the following key resettlement activities, not limited to: a) To update RP at time of project implementation when detailed design will be available, and submit the updated RP to PPC for approval. b) To coordinate with other departments for effective implementation of the RP approved under the subproject, and in compliance with the resettlement principles and objectives. Ensure proper implementation of rehabilitation measures and supporting activities. c) To develop the mechanisms through which resettlement disbursements and compensation payments for DPs will be made; prepare any relevant documents that may-be required -- -- - Resettlementplan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) 4.6 District People's Committee The District People's Committee are responsible for identification of land and structures and appointing members of the DRC and assigning functional tasks for the DRC. a) To conduct, organize, propaganda, campaign all organizations and personnel about policies of compensation and resettlement support. b) Responsibility for guiding Compensation, allowance and Resettlement Council established by District PC: (1) identify land price for compensation and resettlement appraisal by Financial Department and submit Provincial people;^ committee for approval; and implementation in accordance with compensation options. C) To co-ordinate with related Departments, Agencies, Organizations,Employer. d) To solve cases of complain on compensation, support and resettlement. 4.7 The Compensation, Allowance and Resettlement Council The compensation, allowance and resettlement committee (CARC) will be established according to Decree 197/2004/ND-CP issued by government and 3005/2006/QD-UBND issued by Thai Binh Province. The resettlement committee will work closely with the PMU on all resettlement-related issues. The DPC chairperson or vice-chairperson will act as the resettlement committee chairperson, and representatives from district departments, including construction, planning and investment, land use management, urban management unit, members of mass organization, representative of DPs, and other members as required. A PMU's staff should be a member of District's resettlement committee, unless otherwise requested. The resettlement committee will assist the DPC/PPC in decision-making on resettlement issues. Key responsibilities of CARC are follows: a) To assist in preparing and submitting Compensation Opinion for approval; implementation of for all resettlement activities in their districts; b) Chairman of CARC takes responsibilities for instructing members to prepare, submit and implement resettlement option; being accurate and legal data inventory of affected assets that are compensated or allowed. c) To cooperate fully with the external monitoring organization. 4.8 Commune people's committee PC will be responsible to coordinate with functional agencies in land and property certification; to carry out studies and campaigns that the inhabitants should adopt site clearance. Propaganda content includes land recovery purposes, policies on compensation; support and make good condition for payment and resettlement. 4.8 Independent Monitoring Organization Independent Evaluation can implement by Research Organization, University or NGO that is specialize in social science. These agencies will implement surveys of economic social, monitoring, and evaluation of implementation of RP. Reports of Progress Evaluation and suitability of RP and related proposals is needed to prepare in period. 5. PUBLIC CONSULTANT, INFORMATION ANNOUNCEMENT AND GRIEVANCE MECHANISMS 5.1 Objectives of information announcement and public consultation Ensuring participation of local authority, related organizations and displaced persons into the project in order to speed up project implementation conveniently. --- Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) Announcing information for DP and involved agencies is an important part for project preparation and implementation. Consulting to affected people and ensure that they participate into the project positively. This 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 displaced persons, and thereby maximizing the economic and social benefits of investments. The objectives of the public information and consultation program are as follows: (i) To ensure that local authorities, as well as representatives of lDPs, will be included in the planning and decision-making processes. PMU will work closely with the City People's Committee and the District People's Committee during project implementation. DPs involvement in implementation will be continued thereafter by requesting each district to invite DPs' representatives to be a member of the The Council for Damages Compensation and Site Clearance- CCC 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 DPs. (iii) To obtain information about the needs and priorities of the DPs, as well as receiving information about their reactions to proposed policies and activities. (iv) To ensure that DPs 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 DPs and communities in activities necessary for resettlement planning and implementation. (vi) To ensure transparency in all activities related to land recovery, resettlement, and rehabilitation. 5.2 Consultation during Project's preparation Local authorities, relevant organizations, DPs and community will participate in all different stages since planning to implementation of the RP. At the early stage of the project preparation, local authorities and leaders of different administrative levels in each of the Project towns were informed about the project proposal, its objectives and proposed activities. In October 2004, Provincial and District Authorize agencies - Ministry of Natural Resources and Environment were consulted on their agreement and commitments to follow the project resettlement policy described in the RPF, reflecting both the Government and WB resettlement objectives and principles. Pre- Feasibility and RPF was approved by Prime Minister and adopted by WB. Consultation and Public Information in project commune were conducted by public meetings and household visits combining the household socio-economic survey. Community in project area and PAH were consulted on positive impact and negative impact of sub-project. Social-economic survey was done for 100%of PAH in 9 communes in 03 districts of the project. 5.3 Consultation proposed Project's implementation A. Information announcement and c.onsulration During project implementation, PMUs, assisted by the project consultants, will undertake the following: Resettlement plan The rural Wafer supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) (i) Provide detail information on policies and schedule to resettlement committees and related organizations at all levels. (ii) Conduct information dissemination to and consultation with DPs throughout the life of the project. (iii) Update the city unit prices, and confirm land recovery and impact in properties through a Detailed Measurement Survey (DMS) in consultation with DPs. (iv) The District resettlement committees will then apply prices, calculate compensation entitlements, aid complete the Compensation Forms for each affected household. Information on entitlements, and complete the Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to DHs in the public meeting and visiting to each household. (v) DPs will be received the Compensation Form, showing the household's affected assets and compensation entitlements, will the need to be signed by the DPs to indicate their agreement with the assessment. Any complaints form DPs have about the contents of the form will be recorded and solved at this time. (vi) Consultation regarding DPs preferred option for rehabilitation support. This applies to severely affected and vulnerable DPs. The CCB will inform DPs of options and entitlement to rehabilitation support before asking them to indicate preferences for such rehabilitation support. B. Community meeting As soon as having decision of land recovery and before starting to detailed design, community meetings in every local will be hold to announce supplementary information's for displaced persons and make a chance to discuss publicly about policies and resettlement procedures in every affected site. All DP-relocated ill be invited to participate the meeting and give ideas. Information and documents will be delivered to DP in this meeting. Methods of meeting include of: (i) Explanations give 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 DPs to respond with questions and comments. DPs will encourage contributing their ideas. (iii) The CCB and District/Ward's authorities will establish a complete list of all PAPSpresent at the meetings. (iv) The CCB 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 Thai Binh PIIPs and PC. Content of the meetings will be including: Project component information, project impacts: compensation entitlements and rehabilitation of DPs; grievance mechanism and procedures; participation & consultation entitlement; resettlement activities; implementation progress etc. C. Disclosure Announcement letters will be sent to every DP including time, address and procedures to receive compensation payment. Affected people who are hardly affected and likely injured will be directly met in order to affirm their wishes for restoration support. Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) By means of public communication such as broadcasting station - television, presses combined to use leaflets with simple content and easy to understand so that they can be imparted necessary information for the project, State policies to all DP. Besides, these Resettlement Policy Framework and Resettlement Plan are also announced widely in public information centres of the city, Site clearance and compensation Boards, Districts and Wards of Project areas. 5.3 Grievance Redress Procedure All DPs 'complaints regarding any aspect of compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs will be received and resolved by line functional agencies. Local mass organizations, including Fatherland Front, Association of Farmers, Women's Union, mediator groups will be mobilized to actively participate in process of solving of DP's emerged complaints/grievances. A four-stage procedure for redressing grievances is proposed as follows: Stage 1: Complaints forms DPs on any aspect of the resettlement program, or losses not previously addressed shall first be lodged verbally or written foim 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 cannot be reached, or if no response from the people's committee at commune level is received by the PAPs within 15 days of registering the complaint, he/she can appeal to the District Resettlement Committee. 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 DRC or its representative, or in the absence of any response by the DRC, the DPs can appeal to the Provincial People's Committee. The Provincial People's Committee together with the representative of the PSC 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 PSC on appeal, or in absence of any response from the PPC/PSc within the stipulated time, the PAPs as a last resort, may submit hislher case to the district court. 6. IMPLEMENTATION SCHEDULE The Project Site Clearance Plan and Schedule will be included in the RP of each sub-project. The implementation schedule is as follows: 1. Information Dissemination: Public information meetings will be held in all potentially affected communes 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; and (v) the grievance mechanism. The PIB will be prepared and distributed to all affected communities during the meetings. 2. Training for Resettlement staff: The local resettlement staff at PMUs, PRCs, DRCs, and commune levels will be trained by the PCU assisted by resettlement specialists. Training subjects will include. Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) (i) Objectives of RP. (ii) Principles, policies, and entitlements of the RPs. (iii) Consultation and information dissemination methods. (iv) Implementation steps, procedures, and schedule. (v) Grievance redress mechanism. (vi) Powers and obligations of individuals/agencies involved in th.e process of resettlement programs. 3. 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 DPs and local government agencies. 4. Detailed Measurement and Census Survey: Before each new phases of the project 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 updating RPs. 5. Pricing Application and Compensation to DP: Resettlement comn~itteesat all levels will be responsible for pricing application and preparing compensation charts for each affected cornrnune/district. These will be subject to verification by PPMU, PPCs, and PCU of unit prices, quantity of affected assets, DPs' 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 DPs to indicate their agreement. 6. Compensation and allowances: will be handled under instruction of consultants and the supervision of representatives of CPC, DRCs and representatives of DPs 7. MONITORING AND EVALUATION 7.1 Objectives Monitoring and evaluation activities should be carried out during the implemerrtaion phase and after the resettlement phase in order to ensure that land recovery and resettlement are carried out in accordant with regulations and guidelines which are showed in detail in resettlement plan. Monitoring provide all stakeholders with continuous reflects about implementing situation. This activity helps to asses real successful ability and difficulty which is occurred immediately if possible in order to create conditions for dressing in time during the phase of project implementation. Objectives of monitoring and evaluation activities are to (i) reviewing project activities which are completed effectively or not, including quantity, quality and time; (il) assessing these activities reach the goals and objectives of the proposed project or not and.how is the level of achievements. Regular monitoring of the RP implementation will be conducted by the implementing agencies (PPMU and PCU) as well as by an independent external monitoring organization hired by the PCU. 7.2 Internal Monitoring Internal monitoring of the implementation of the subproject RPs will be in charge of all internal supervision tasks of implementation of resettlement plan (RP) of the project with the consultant's support. The implementing agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. The main indicators that will be monitored regularly are: Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) (i) Payment of compensation to DPs in various categories, according to the compensation policy described in the RP; (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 dissemination and consultation procedures; (v) Adherence to grievance procedures and outstanding issues requiring management's attention; (vi) Priority of DPs regarding the options offered; and (vii) Progress of land acquisition implementation 7.3 Independent Monitoring In order to have sufficient and objective information, implementation agency will hire an organization for the independent monitoring and evaluation of RP implementation. This organization, to be called the Monitoring Organization (MO) will be specialized in the Social Sciences and experienced in resettlement monitoring. 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. The MO should start their work as soon as the updated RP have been approved. The main indicators of independent monitoring and evaluation will include of: (i) Payment of compensation will be as follows: (a) full payment to be made to all affected persons sufficiently before land recovery; (b) adequacy of payment to replace affected assets. (ii) Provision of income restoration support. (iii) Public consultation and awareness of compensation policy: (a) DPs should be fully informed and consulted about land recovery, leasing and relocation activities; (b) the monitoring team should attend at least one 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 DPs; and (d) assessment of awareness of various options available to PAPSas provided for in the RPs. (iv) Displaced persons should be monitored regarding restoration of productive activities. (v) The level of satisfaction of DP with various aspects of the :RP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored. (vi) 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. 7.4 Monitoring methodology and reporting A . Survey TA socio- economic survey is initial foundation of RP preparation, monitoring, and evaluation. The survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) PRA will be applied by project survey. 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. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of all resettlement activities. B. Database Storage Project monitoring and evaluation is based on database system. It will contain drawing, figures and files on DPs surveyed 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 PMU. C. Reporting Internal Monitoring Report: is required to prepare during the resettlement and land recovery process. The implementing agencies will be required to submit the report as part of general progress report. The implementing agencies will coordinate with CCCs to collect information and data concerning to resettlement and displacement process for submitting findings of monitoring and evaluation. The report should contain: (i) A report on the progress of RP implementation (number of DP by type of loss and compensation, relocation and rehabilitation schedule by each component. budget allocated to project activities or compensation and disbursement amount for each activities... (ii) Grievance and redressing output (if any); (iii) Issues arising during implementation (if any) and solutions.; (iv) A report on progress of the resettlement and updated report on the coming time. Independent Monitoring Report: is prepared before, during and after resettlement. The report need to reflect the followings: (i) Determine internal monitoring output; (ii) Assess whether the RPF objectives have been achieved; how DP living standard and income improved and rehabilitated. (iii) Review whether the resettlement entitlements are appropriate: with DP's conditions. (i) Evaluate effectiveness, impacts and level of the resettlement sustainability; lesson learned for planning and developing RPF in future. 8. COST ESTIMATE AND BUDGETS Project affected households will be entitled to compensation and assistance in accordance with regulations of Vietnam and the WB. Compensation rates are paid by the project in compliance with the relevant regulations of Vietnam and appropriate local authorities; the compensation will be handled in a reasonable manner that is appropriate to the households' conditions. Resettlement budget (e.g. compensation cost, assistant actives etc.) will be included in counterpart capital. Compensation and assistant expenses will be paid in cash following the rates set out in the following table: Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) Table 4 Budgets estimation for the compensation - assistance Don vi: VND No Items Unit Quantity Price I Binh thanh Binh Dinh, Bac Hui conlmune 1. Land (residential land, agricultural land ) m2 3556 106,680,000 2. House and structure m2 3. Standing crop and tree m2 3456 6,220,800 - 4. ~ l l o ~ a n c(movement,house rent, income e s restoration ...,) 2,800,000 - 5. Consultation and information 500,000 1,000,000 1 8. I Management 2% (A) 1 1 1 2,395,136 (. 1 Sub-total (B) 1 3,395,136 1 1 9. / Provision 10% (A+B) 1 1 1 12,315,194 1 Total I Than11Tan commune -- 1. Land (residential land, agricultural land ) m2 550 2. House and structure m2 3. Standing crop and tree m2 550 -- 4. Allowances (movement, house rent, income restoration ..,) 5. Consultation and information 6. Detail measure survey Sub-total (A) - --- ----- 7. Independent monitoring 8. ~ & a ~ e m e n t 2 % ( A ) Sub-total (B) L- 1 r 9. 10% (A+B) I I I Total I1 7 m u / s hat VuDoai commune 1-1 i1 (residential land, agricultural land ) 3100 9 : = 0 a 2. House and structure m2 -- 3. Standing crop and tree m2 3 100 4. Allowances (movement, house rent, income restoration ...,) 5. Consultation and information )6. 1Detail measure survey Sub-total (A) 7 Independent r n o n ~ i ~ g ~ - 8. Management 2% (A) - Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) --- -- ! I / I 1 I Items Unit Quantity Price I s u b - t o t a c ~ ) 3,043,600 9. 1 DUphbng phi 10% (A+B) 10,522,360 Total 111 115,745,960 ZV VuHoa, Vu Thang, Vu vinh commune 1. Land (residential land, agricultural land ) m2 2431 restoration ...,) 5. Consultation and information 6. Detail measure survey - __L_ Sub-total (A) I 7. ~ndependentmonitoring 1,000,000 --- , 1 - G a g e m e n 2.'. (A) -- -- 1,640,736 I Sub-total (B) 2,640,736 9 1Provision 10% (A+B) Total IV 1 Grant total I I Grant total (rounded) Total cost for compensation and assistance of 4 sub-projects is estimated about 366,484,000 of VND in adequate to 21,558 of USD (Exchanged rate: 17,000 VNDNSD). Compensation cost for recovered land being under administration by local authority (land-to exempt money from using land) is in project investment cost. Feasibility Study and Resettlement Plan will be approved by PPC as the proposeti procedure in Pre-FS. Budget for implementing RP's will be from counterpart funds. DPs will be signed agreement when they finish negotiation step. DPs will be received compensation decision including invitation letter for getting compensation/allowance. Estimate of budget for land clearance to implement the rural water supply and sanitation project of 09 communes in Thai Binh will be updated in accordance with the detailed design and based on the time point of land acquisition -- Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) APPENDIX 1 ENTITLEMENT MATRIX T I i I I, I I No Type of Loss I Definition of entitled person Entitlement Agricultural Legal user Less than 30% of DP will be entitled to cash compensation for acquired land at 100% of Land with HH's total land replacement cost. permanent or holding lost legalizable rights to use More than 30% of DP will be entitled to the affected HH's total land (i) cash compensation for acquired land at 100% of replacement cost. 1and. holding lost (ii) "Land for land" compensation equivalent productive capacity. I 2 Residential Affected Legal~legalizableland user DP will be entitled to Land (i) cash compensation for acquired land at 100% of replacement cost. I I (ii) "Land for land" compensation equivalent productive capacity. User of land under dispute DP will receive assistance equivalent 100% of replacement cost. DP only receive compensation when the disputes are settled. (this amount will be deposited as a guarantee) I House/Struct Legal or legalizable owner (i)Compensation for affected structures at 100% of replacement cosl (No ure and deductions will be made for depreciation or salvageable materials). Grave (ii) If house/structure is partially affected, the project will provide not only compensation for the loss of structures also repairing cost for restore structures as 1 House former or better. renter Person rent State owned house when need to displacement will receive cash I 1 1 I compensation equivalent to 3 month rent at the current local market price or house / 1 I I I I replacement. I I I Loss of Graves The 1e.v~: of compensation for the removal of graves will be for all costs of excavation, relocation, reburial. 4 Income, Loss of income and/or (i) cash compensation for the loss of income during the transtion period, productive business/productive assets equivalent average monthly net income at least for three moths; assets, I business Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) Type of Loss Definition of entitled person Entitlement 1 (ii) if business' or productive assets are affected, cash compensation for lost I I business structurelassets reflecting their full replacement cost, I depreciation; without (iii) if the business has to be relocated, then, a provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP, or, in cash for business affected area at replacement cost, plus transportation allowance to 1 remove movable attached assets. 5 Standing Loss of standing crops DP will be entitled to compensation for damaged crops at market price. crops and I trees Loss of trees DP will be entitled to compensation for damaged tree at market price, depending on type, age and profitability. Temporary land that be (i) Compensation for one harvest of crops/trees at full market prices affected affected (ii) Compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use, (iii) Restoration of land to its previous or better quality by providing measures to improve land quality in cases for land being adversely affected, AND (iv) If the duration of project's use the land exceed more than two years, then the DPs have option to: 1) Continue using land, OR, 2) "Give it to the Project and be compensated as permanent loss Temporary loss of residential land (i) Compensation for all affected movable properties at full replacement cost. (ii) Restoration of land to its previous or better quality. Temporary impact on business (i) Compensation for temporary loss of income, equivalent an average monthly net income at least for three months (ii) Compensation for all affected movable properties at full replacement cost. Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) I 1 No Type of Loss Definition of entitled person 1 Entitlement -- (iii) Restoration of land to its previous or better quality I Damages caused by contractors to (i) The contractor will be required to pay compensation immediately to affected private or public structures families, groups, communities, or government agencies. 1I completion (ii) Damaged property will be restored by contractors immediately, after of civil, work, to its former condition. 1 Secondary Persons affected by development of Because all secondary DPs are likely to be affected in similar ways as primary resettlement ones Administrative units (i) Damaged structures will be restored or repaired; assets have public structures, forest, agricultural land, sewage systems (ii)Relocating to the new site with consultation community and relevant damaged permanently or temporary. organizations; 1 1 1 I (iii) Compensation at replacement cost for affected land and public property. 1 DP has lo Transportation cost of 500,000 VND/HH for the reorganizing DPs and from n assistance assistance and DP has 1,000,000-3,000,000 VND/HH for relocating ones within province and from house on the old land 1 3.000,000 to 5,000,000 VND/HH for relocating outside the province. 1Assistance DP has to (i) Allowance equivalent 30 kg of rice/person/month for 6 months if DPs have to lor and DP has to rebuilt re]ocate to new site; stabilization house on the old land (i) Subsistence allowance equivalent 30 kg of rice/person/month for 3 months if DPs have to remove on the remaining land; Special DPs who DPs will be entitled to special social assistance not less than 1,000,000 VND/HH social currently receiving I to rehabilitate their living standards. Iassistance I social assistance Incentive They will receive an incentive bonus For DPs need to bonus relocate or on (i) 5,000,000 VND/HH for the full land and house acquisition; I I I I I I Resettlement plan The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) Nguycn The"M6n Legal x x I Wulrl 11 eulmrnl pion1 1 Nguycn Thanh Dumg 1253 1253 100 1253 x x 873 2213 39 873 x x 3 D6 Van Binh Legal 874 3424 25,5 874 x x I IVI Vu Hoa, Vu Vinh, Vu Thang commune Row wufri pumping stution 1 Vii Binh commune PC Legal 100 171000 , 100 Wole1 t1 eufmrnfplonl -- I Vfi Hoh commune PC Legal 89,4 175000 89.4 D6 Thj Tg(Tu) Legal 770 1584 48.6 770 x x TrAn Van Kh8i Legal 431 1080 39.9 431 x x Nguysn Thi Teo Legal 604 2628 22.98 604 x x Pham ThiThao Legal 626 1584 39.5 626 x x Resettlement plan -- The rural Water supply and Sanitation Project in 9 communes in Thai Binh Province (third stage) APPENDIX 4. PROJECT AFFECTED HOUSEHOLD 'S SOCIOECONOMIC FEATURES I r I 1 family I I 1 ranked as I - i government- NWnber of Nl'mber of supported Head of household Hamlet Age Occupation person in labour in situation or household household poverty commune 1 D6 Th! Ty(Tu) 5 70 l%rn~er Poor household 2 1 150,000 2 No TrlnVanKhbi 5 28 Farmer 3 2 400,000 3 NguyEn Thi Teo 5 Farmer No 62 3 3 1,000,000 4 Pharn Thj Thao 5 Farmer No 78 2 2 2,500,000 Resettlement plan