RP73 Volume 1 a MINISTRY OF TRANSPORT INTERNATIONAL BANK AND COMMUNICATIONS (MOTC) FOR RECONSTRUCTION * VIET NAM INLAND WATERWAYS BUREAU AND DEVELOPMENT (IWB-VN) (IBRD.) *W PROJECT MANAGEMENT UNIT__________ OF SOUTHERN WATERWAYS (PMU-SW) INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN (R.A.P.) SCANNED FILE COPY I I Actco N. I ax No. FILE (CO/aWIuIPnmmo or tJ t,Vr GRIN ESW Cog A GM PWC \Ir4- C-t 3000-l Ho Chi Minh City August- 1997 (Finalized Draft) FILE COPY a* MINISTRY OF TRANSPORT INTERNATIONAL BANK AND COMMUNICATIONS (MOTC) FOR RECONSTRUCTION A VIET NAM INLAND WATERWAYS BUREAU AND DEVELOPMENT (IWB-VN) (IBRD.) . PROJECT MANAGEMENT UNIT _ OF SOUTHERN WATERWAYS (PMU-SW) INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN (R.A.P.) Ho Chi Minh City August - 1997 (Finalized Draft) CONTENTS ABBREVIATIONS Page EXECUTIVE SUMMARY 1 1 INTRODUCTION 7 2 THE PROJECT 9 2.1 Background 9 2.2 Impacts of the Project 9 2.3 Steps taken to minimize the impacts 10 2.4 Census and socio-economic survey 11 2.5 Number of affected families 15 2.6 Land requirements 16 3 ELIGIBILITY AND LEGAL FRAMEWORK 20 3.1 Eligibility 20 3.2 Legal versus illegal project affected persons 20 3.3 Relevant Acts and By-laws 23 3.4 World Bank's operational directive 4.30 24 3.5 Requirements for the RAP 24 4 COMPENSATION POLICY 26 4.1 Objectives of resettlement 26 4.2 Principles of resettlement 27 4.3 General policy 28 4.4 Detailed compensation, resettlement and rehabilitation entitlements 30 4.5 Economic rehabilitation 43 5 PUBLIC INFORMATION, CONSULTATION AND GRIEVANCE REDRESSAL 63 5.1 Public information 63 5.2 Participation and consultation 63 5.3 Public information booklet 72 5.4 Grievance redressal mechanism 72 6 ACTIVITIES 74 6.1 Valuation of assets 74 6.2 Mechanism for judging the adequacy of compensation 75 6.3 Measurement of affected land and structures 76 6.4 Relocation 77 6.5 Resettlment sites 83 7 INSTITUTIONAL SET-UP AND ORGANIZATION 88 7.1 Responsibilities of executing organizations (involving to compensation and resettlement) 88 7.2 Responsibilities of Resettlement Committees 91 7.3 Staffing of Resettlement Committees 92 7.4 Resettlement organization in government and Project levels 93 7.5 Agency responsible for external monitoring 94 7.6 Reporting 94 8 SCHEDULING 96 8.1 Preparation 96 8.2 Phasing 96 9 RESETTLEMENT COST 110 9.1 Introduction 110 9.2 Unit prices 110 9.3 Flexibilities 110 9.4 Resettlement site acquisition 1l 9.5 Contingencies 111 9.6 Unit rates for compensation and resettlement 112 9.7 Resettlement cost 113 9.8 Resettlement cost per fiscal year 114 9.9 Monitoring cost 115 9.10 Management cost 116 9.11 A compensation: selected compensation rates 118 9.12 Classification of structures 119 10 MONITORING 120 10.1 Intemal monitoring 120 10.2 External monitoring 121 LIST OF TABLES Page +Tables in Chapter 2: Table 2.1 - Main sources of income 12 2.2 - Size of affected houses (floor surface in square meters) 13 2.3 - Distance (in minutes) to facilities, services and temple 13 2.4- Year of settlement 14 2.5 - Average annual incomes for farming, business and others 14 2.6 - Ethnic minorities among PAP per province 15 2.7 - Project affected families per province 16 +Tables in Chapter 4: Table 4.1 - Allowances for PAPs 46 " 4.2 - Entitlement Matrix 50 +Tables in Chapter 6: Table 6.1 - Definition of standards for access and internal roads and sidewalks 81 6 6.2 - Overview of proposed resettlement sites 85 +Tables in Chapter 8: Table 8.01 - Schedule of dredging 96 8.02 - Timing of compensation and resettlement before dredging 97 8.03 - Resettlement workplan 99 +Tables in Chapter 9: Table 9.01 - Unit rates for compensation and resettlement 112 9.02 - Resettlement cost 113 9.03 - Resettlement per fiscal year 114 9.04 - Monitoring cost 115 9.05- Management cost 118 9.06 - A compensation: selected comparision rates 119 LIST OF MAPS Map 1 - Resettlement per inland waterway stretch 8 Map 2 - Bend 5 at Cai San bridge, Rach Soi - Hau Giang canal 18 Map 3 - Proposed resettlement sites Annex 4 Map 4 - Inland Waterways and Port Modernization Project (Viet Nam) (last page) LIST OF FIGURE Figure 7-1 - Inland Waterways Project Resettlement Organigram 95 LIST OF ANNEXES Annex I - RAP statistics. Annex 2 - Socio-Economic features of Mekong Delta. Annex 3 - Legislation. Annex 4 - Resettlement areas proposed by provinces. Annex 5 - A pilot village. Annex 6 - Procedures to assess the compensation to PAPs with leased agricultural land at prorate basis for the remaining period of the lease. Annex 7 - Preliminary details of dredging (the Mekong Delta - Viet Nam). Annex 8 - Demarcation works - Detailed measurement survey formats. PMU-SW August. 1997 ABBREVIATIONS CPC Commune People's Commnittee CRC Commune Resettlement Cormnittee DMS Detailed Measurement Survey DPC District People's Committee DRC District Resettlement Committee GOV Government of Viet Nam HH : Household IWB/SD Inland waterway Bureau/Southern Departnent IWBIVN Viet Nam Inland Waterway Bureau LURC Land Use Right Certificate MARD Ministry of Agriculture and Rural Development MD Mekong Delta MO Monitoring Organization MOC Ministry of Construction MOF Ministry of Finance MOTC Ministry of Transport and Communications MPI Ministry of Planning and Investment PAP Project Affected Person or any number of affected family PAPs Project Affected Family PIB Public Information Booklet PMU-SW Project Management Unit of Southern Waterways PPC Provincial People's Committee PRC Provincial Resettlement Committee RAP Resettlement Action Plan R&R Resettlement and Rehabilitation VPC Village People's Committee VRC Village Resettlement Committee SL Safety limit INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN RESETTLEMENT ACTION PLAN EXECUTIVE SUMMARY The inland waterways transport shares a substantial part of cargo movement in the Mekong Delta. Among the five priority projects concluded from the Mekong Delta Master Plan (MDMP), the feasibility study of the captured project had been started ahead to identify scale, context and objectives in lifting possible constraints in development growth in the MD. The Government of Viet nam (GOV) has identified modernization of the two main inland waterways as one of the country's most urgent needs (before year 2000). The Project would improve sections of the two waterways, the spine routes of the Delta linked to CAN THO port. The waterways traverse mostly low lying, flat agricultural land. The dredging improvement will be carried out mostly along the existing alignment except where minor realignments of sub-standard bends and junction are considered necessary to remove safety hazards. The final target of Project aims at providing safe navigation, day and night year round on the two waterways: - HCMC to Ca Mau (330,2 Km long) - HCMC to Kien Luong (320 Km long) The physical objectives for accomplishing the Project: - Deepening and widening the two waterways according to Class III Canal classification (VN standard 5664-1992) - River works to protect waterway navigability (bend re-alignment, bank protection, deflection structures,...) - Navigation aids. - Equipment supporting and strengthening IWB/SB to lift any waterway encroachment on river banks, channels, which has raised serious concerns to the GOV, MOTC, ruralJurban developers and waterway traffic regulation managers for many years. The canal widening and deepening shall eventually affect people and their assets along the two waterways. The Ministry of Transport and Communications (MOTC) permitted PMU-SW to conduct a socio-economic survey and simultaneously a property and homestead survey (from Nov. 1995 to early Feb. 1996) of project affected peoples (PAPs) to set up a data base system for using multi-objective analysis and to draft Resettlement Action Plan of the project. EXECUTIVE SUMMARY Page I INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Objectives of the Plan The objectives of the RAP are to ensure that all PAPs at the date of the socio- economic survey (01 Nov. 1995) will: (a) improve or at least regain the standard of living they were enjoying prior to the project; (b) be relocated as village units, village sections or families, as the case may be in accordance with their preference; (c) be integrated into the community to which they are resettled, if that be the case; (d) be provided with appropriate compensation for the assets lost at replacement cost, and adequate social and physical rehabilitation, infrastructure, including housing lots, community services and facilities; and (e) participate in the design and implementation of the resettlement planning. This RAP will enhance necessary aspects to carry out resettlement works to ensure satisfactory dredging and widening. The RAP topics are as follows: - Policy on land acquisition and resettlement. - Principles of resettlement, compensation and subsidiary policies. - Rehabilitation assistance for income restoration - Public participation, consultation and Grievance redressal mechanism. - Institutional aspects and personnel staffing in various administrations levels (province, district and village or commune). - Cost estimate. - Implementation schedule and monitoring. Policy of Land acqquisition and resettlement In rural areas, land has been allocated to farmers by their communes or co- operatives based on the number of workers in the family. A new land law has been passed and was enforced in October 1993. It states that land belongs to the people and will be managed and allocated by the State and that organizations, households and individuals to whom land has been allocated have the right to exchange, transfer, lease or use land as surety. This new land law guarantees the protection of land users' legal rights against encroachment of any kind and the right to be compensated for loss of land whenever the land is resumed/taken back. In order to initiate action on land acquisition and resettlement for infrastructure projects, the Prime Minister's Office has to approve the project and then issue instructions to the provinces to initiate and administer the actions required. EXECUTIVE SUMMARY Page 2 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Principles of Resettlement The RAP has been prepared so that all requirements of the Bank's Operational Directive 4.30 are achieved, as briefly explained below: (a) Resettlement is avoided or minimized: this is achieved by carrying out the waterway dredging on the existing alignments and only one side of canals. Change in alignments or widening of waterway stretches will occur only in very few cases. (b) In order to stabilize soils and to protect canal bank within the project area where widening dredging will be carried out, MOTC proposes to establish a 2m wide Safe Line (SL). All land, structures and other fixed assets lying within the SL will be acquired by the project and affected families will be compensated in accordance with the policy in the RAP. (c) The RAP provides for full replacement costs of all affected properties built after taking necessary permission. However, persons who have built structures without permit shall be compensated at 60% of the replacement cost without depreciation in addition to rehabilitation assistance to make up for the remaining 40%. All PAPs affected by the loss of more than 20% of land holdings or incomes and are displaced by the project will be eligible for house plots, subsistence allowances, shifting assistance and training facilities. It also provides for assistance in shifting (providing trucks through contractors), and support to the affected owner during the transition period by providing subsistence allowances for each relocating family for a period of 3 months, if reorganized, and 6 months if relocated. This is to be given in kind in the form of rice. (d) Persons having business establishments will be given priority in allotment of land as close as possible to the existing location or at locations conducive for business activities so that adverse impacts on their business and customer-contacts are minimized. Necessary building permnission and permanent tenure of land will enable PAPs to plan and invest for future expansion without fear of it being dismantled in the future. (e) All displaced PAPs will be provided alternative houseplots as close as possible to their old sites, so as to ensure that their social and community ties are not affected, and that there is no adverse effect on host populations. (f) Community and PAP participation is actively encouraged and ensured by having 2 PAP representatives in the District Resettlement Committee. A special grievance procedure is being provided for all PAPs. Compensation Policies. Based on the above principles the compensation policies for project affected persons include the following: (a) Compensation shall be given for all affected structures and fixed assets at replacement cost and without depreciation or deductions for salvaged material. It shall be paid in cash or in kind in the forrn of building materials like bricks, cement, EXECUTIVE SUMMARY Page 3 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN titles, etc. Salvage materials are to be collected by affected families for re-use. No reduction will be made for salvageable materials. (b) If only a certain portion of the constructed work is located within the clear area (clear area is defined as the area required for widening of the canal and that lying between 2m wide strip between the TSL and Safe Line or SL) and the remaining portion is not viable as per recommendation of District Committee and agreement by PAP, then compensation shall be paid for the entire land and/or structure and the PAP will be entitled to relocation and rehabilitation benefits in accordance with the provisions of the RAP. (c) All land, structures and other fixed assets lying within the 2 m wide strip (between the TSL and SL) will be acquired by the project and affected persons will be compensated in accordance with the provisions of the RAP. (d) Where only a part of a residential/commercial or pure commercial structure lying in the clear area (area required for widening and 2m wide strip) is affected with the remaining land less than the minimum allowable area then the entire structure will need to be dismantled and the PAP will be entitled to compensation for the whole structure and for relocation benefits. However, in exceptional cases with informed choice of the PAPs and in order to minimize adverse impacts such families may be allowed to reorganize and continue to live at the existing place provided that the structures are either not affected or only marginally affected; the remaining area of the homestead plot beyond 2m site strip is marginally less than the minimum allowed (less than 10% of minimum allowed i.e. 60m2 and 40 m2); and that the acquisition of additional land contiguous to the homestead plot to make up for the difference is not possible. (e) Compensation at full replacement cost without depreciation or deductions for salvaged material for affected structures existed prior to the cut-off date of Nov. 1, 1995. However, all the families who acquire assets legally and those who build structures with due permission of the local authorities after the specified cut-off date would also be entitled to compensation as legal PAPs in accordance with the policy. (f) Compensation for individual cases shall be decided by a R&R Committee, which is set up by the concerned District Committee, and which includes 2 PAPs representatives and a representative of PMU-SW. Care shall be taken by this Committee to ensure that there is very little difference between rates decided for adjoining areas of two Districts. All compensation to affected persons will be paid prior to their displacement from existing location. (g) A number of families may prefer to acquire houseplots themselves based on their selection/preference. In such cases, the compensation will be paid to the seller of the land after the transaction is verified by the District Committee. (h) Subsistence allowance shall be given to all affected families who are: * Relocated to a new site, or to rebuild a new house near old site; * Reorganized. EXECUTIVE SUMMARY Page 4 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN The assistance will be given preferably in kind (in form of rice) and only in exceptional cases in cash. The amount of this assistance shall be US$ 30 per family per month for a period of three months for reorganizing family and for 6 months for relocating family. Half of subsistence allowance to entitled family will be paid after a PAP starts to dismantle his house and the remaining half when he starts to construct his new house and/or shop. (i) Shifting assistance: The District Committee shall assist all persons relocated in shifting of the salvaged materials of the house and households, goods by providing rented trucks, etc. The amount of this assistance shall not exceed US$40 per family. (j) Rate of Compensation: The rate of compensation is likely to vary as the cost of construction and land depend on the specific location and area. Moreover, this is to be decided by the Provincial People's Committee after considering local circumstances and each individual case. However, all compensation will be at replacement cost without depreciation and without reduction of salvage materials. properties will be compensated at replacement costs to ensure that affected persons continue business at the new resettlement sites. Training: To minimize economic hardships on severely affected (displaced) families, it is decided to provide training to one person from every HH relocated or reorganized so that the household's income improves after resettlement. Training will be provided in various careers (carpentry, plumbing, electrician, aquaculture, bamboo handicraft etc.). Training will be imparted for only those vocations for which the member of the displaced PAP family has given his/her preference, and for which, he/she has the required educational qualifications. Payment for the training will be made directly to the Government and registered private training institutions existing in each District. A list of such training institutes is available with each Employment and Training assistance of the concerned District. Only approved and reputable training institutes will be assigned the task of training. The period of training will vary from 2 to 6 months, depending on the type of training. A maximum amount of US$ 100 per PAP is allocated for the training. 30 % of this training assistance will be reserved for women. On successful completion of the training, the persons will be only assisted to get loans under Government schemes for the unemployed or from banks. Details of selection procedures, eligibility, training institutes, Government schemes, linkage with Government schemes will be finalized by PPC. Appeal Mechanism: If any PAP is aggrieved by the decision of the District Resettlement Committee, regarding any aspect of the compensation or other benefit due to him, he can make an appeal, against the decision of the above Compensation Board, to the Provincial Resettlement Committee. During the appeal, a personal hearing shall be given to the aggrieved person, who would be allowed to produce documents in support of his case. Such appeals shall be EXECUTIVE SUMMARY Page 5 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETrLEMENT ACIION PLAN decided in a summary manner, and there shall be no need to record evidence, statements, etc. Detailed procedures for applying this mechanism are presented in Chapter (5). Organizational Arrangements Project Management Unit of Southern Waterways of the MOTC will be responsible for supervising all RAP activities and contract with local companies and with provincial authorities (People's Committees) for all costs involved. The Provincial People's Committees in the 5 provinces where the project waterway stretches are located, are responsible for the overall planning and overseeing of the RAP implementation and all policy decisions are taken at this level. The District People's Committees in the affected districts are directly responsible for implementing the RAP through their offices for planning, land administration, construction, transport, utilities (water and electricity) and communications. The resettlement mechanism between PMU-SW - MOTC- People's Committee at three basic level (province, district, village) is presented in details in Chapter (7). Implementation and Monitoring The implementation of the RAP is expected to start by end 1997 and completed by the mid-year of 1999. The implementation will be done by respective provincial and district resettlement committees and the Project Resettlement Committee and will be supervised and monitored by PMU-SW. In addition, external monitoring by an independent agency will be carried out who will submit quarterly monitoring reports to PMU-SW and the Bank. The external monitoring agency will also undertake evaluation study, one year after completion of resettlement, to check effectiveness of the socio- economic impact mitigation of resettlement. The methodology for intemal and external monitoring is presented in Chapter 10. EXECUTIVE SUMMARY Page 6 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Chapter 1: INTRODUCTION The Resettlement Action Plan (RAP) for the Inland Waterways and Port Rehabilitation Project has been formulated within the legal framework of existing Vietnamese acts and by-laws and Bank's OD 4.30, and after intensive discussions with provincial, district and village officials from all provinces affected. In addition, a substantial number of specialists from ministries, cadastres and universities have been consulted. The RAP fully adheres to World Bank policies and at the same time it remains within the existing legal framework as described in the RAP. All provinces have experience in resettlement, gained by assisting rural families in their move to New Economic Zones. The RAP of the Inland Waterways Project builds on this experience and aims to strengthen and broaden the provincial capacity for implementation. This RAP has been combined from various sources: - Resettlement Action Plan (RAP. - Final, June 1996 - Inland Waterways and Port modernization Project. NEDECO). - Resettlement Action Plan (RAP. - Report of December 1996 - Highway No.1 Project Management Unit PMU1) for the second highway rehabilitation project between VINH and DONG HA). - Technical advise from WB resettlement specialist. and constitutes an integral part of Project Implementation Plan of the Inland Waterways and Port Modernization Project in the Mekong Delta. The resettlement and rehabilitation activities orientate to assist and rearrange local people whose living and house have been encroaching upon inland navigation on the two main waterways: Ho Chi Minh City to Ca Mau (332,3 Krn) and Ho Chi Minh City to Kien Luong (320 Kin). CHAPTER I Page 7 Map 1 - RESETTLEMENT PER INLAND WATEE AYS STRETCH I + X 2 N '^N ~~~~~~~~9St N 6^"I IAO ~ ~ ~ A THAILAN.D GULF Fv gs*^ ^ 0 cl+o,sLyPdJM70D~rIT R9lSAu1)7LXMEHT A$ACA co INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETrLEMENT ACTION PLAN Chapter 2: THE PROJECT 2.1 BACKGROUND._ The Inland Waterways and Port Rehabilitation Project was conceived following the completion of the Mekong Delta Master Plan Study. The project aims to deepen and, where necessary, widen two main waterways in the Delta in order to facilitate day and night two-way navigation all year round. The two waterways connect Ho Chi Minh City (hereafter referred to a HCMC) with Kien Luong and with Ca Mau and have a length of 320 Ikn and 332.3 km respectively. Canal widening is planned at specific sections of the Lap Vo - Sa Dec river, the Rach Soi - Hau Giang Canal, the Rach Gia - Ha Tien Canal, the Xa No Canal, various sections between Xa No Canal and Trem Canh Den Canal and on the Trem Canh Den canal itself. Canal widening vanes between 1 and 12 metres. 2.2 IMPACTS OF WHE PROJECT._ 2.2.1 Definitions of project technical aspects with impacts on land acquisition and resettlement: Based on Decision No. llITtg dated 04 January 1997 of the Prime Minister of the Government on approval of inland waterways and Port modernization project, the two main inland waterways will be improved with the dredging as follows: WaterwaylReach Distance Lower bottom Cross-section A. HCMC to Ca Mau - HCMC to Cho Lach 114,8 Km = (Km 0+000 to Km 114 + 800) 30 m - Cho Lach to Tra On 55,3 Km = (Km 114 + 800 to Km 170 + 100) 26 m -Can Tho to Ca Mau 145,33 Km = (Km 187 + 000 to Km 332 + 330) 22 m (via Xa No canal) B. HCMC to Kien Luong - HCMC to MyTo 75 Km = (Km 0+000 to Km 75 + 000) as reach of HCMC to Cho Lach, 30 m - My Tho to Sa Dec 74,8 Km = (Km 75+000 to Km 114 + 800) No dredging in the Mekong river - Sa Dec to Kien Luong 180,8 Km = (Km 137 + 200 to Km 318 + 000) 26 m (via Cai San - Rach Gia) CHAPTER 2 Page 9 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN The waterway improvements conform to the design standards for canal of class III (VN Standard 5664 - 1992) and focuses on deepening, widening, re-alignment, bend- cuts, and new-dredging of canals with NAVAIDS system. The Project proposes to acquire land along the waterways for: (i) main works of waterways improvement (as above described), (ii) resettlement sites for PAPs to be relocated, access roads to resettlement sites, and the land to be acquired to make up for the minimum required plot sizes for reorganizing PAPs. (iii) disposal area for dredged spoil. Demarcation of Safe-Line (SL) Canal widening and dredging activities will severely impact the soils, land, structures and other assets along the bank of the channel affected by the project. It is proposed to demarcate a 'Safe Line' within the project affected area along the canal bank affected by widening dredging. The safe line is defined as a safe land strip of 2m width counted inwards from the top shore line. The objective of the safe line is to provide protection to the strip of land and for stabilization of soils which will be directly impacted by the widening and dredging activities. All structures and land lying within the 2m wide SL in the project area (on the side of the canal required by widening) will be considered as affected assets and compensated in accordance with the policy in the RAP. b ,30m26m12iL (subjkt Lo wiaterw87 ~esiZned sect ion! Alignment: Dredging will be executed along the existing alignment with the exception of few reaches where minor re-aligned and bend-cuts will be carried out to avoid any hazards to navigation. The locations of re-alignment are designated primarily as follows: CHAPTER 2 Page 10 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEF7LEMENT ACTION PLAN Distance Name of place Type of improvement works From To A. HCMC - Ca Mau Km 54 + 000 Km 56 + 000 Rach La Realign't - bends No.2 - No.3 Km 150 + 000 Km 152 + 000 Mang Thit Realign't - bends No.7 - No.8 Km 241 + 000 Km 242 + 000 Nga Ba Dinh Realign't - bends No.9 B. HCMC - Kien Luong Km 54 + 000 Km 56 + 000 Lap Vo - Sadec Realign't - bends No.4 Km 150 + 000 Km 152 + 000 Cai San Realign't - bends No.5 Km 241 + 000 Km 242 + 000 Ba Hon Realign't - bends No.6 Widening dredging: The waterway widening is proposed along the less populated side of canals to reduce adverse impacts to local people and their property. With reference to an observer standing backward to HCMC, the widening and dredging will be carried out mostly on the right side (northern bank) of waterway excepted only the reach of Xang Cut (Tat Cay Tram) and Nga Ba Dinh canals where it will be carried out along the left bank (generally southern bank). Widening dredging will also be implemented in few junctions/confluences of canal to canal or canal to river in order to reduce water currents which adversely affect boat manoeuvring. The Project aims to provide deflection structures in associated to dredging on the confluences along Rach Gia - Kien Luong canal. Bank protection works, landing stage, light or signal towers (signalisation system) will occupy a certain area of land for construction. Therefore, the land acquisition will be carried out at the designed locations along the two waterways. 2.2.3 Additional impacts: Compensation policies governing the project affected persons due to the widening and dredging of the canal will also apply to land acquisition for building resettlement sites (group or individual) access roads to resettlement sites and spoil disposal areas (including land for dike digging). 2.2.4 PAPs census: The survey of affected land and structures was carried out at the time of the 1995 census to determine scale and degree of impact of the project. The project covers a total of fifteen districts in five provinces. The impact of the project will affect the families living along the water front. The families living on the edge of the waterway bank (1247) or over the water (385) will be most severely affected. In general, these families live in clusters in or near the towns, own little or no homestead land and may require relocation. The widening of the waterway will cause loss of part of the homestead for 3997 families. The total number of houses wholly or partially affected amounts to 2850; 1570 CHAPTER 2 Page II INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESELEMENT ACTION PLAN of these house owners can move back and rebuild on the same homestead. The remaining 1280 PAPs will need to be relocated. No major losses have been registered of agricultural land (except land required for a new by-pass canal in Rach Gia, approximately 40ha, graves and wells. This is consistent with findings of the prelirninary census of 1994. However, some of the houses which will need to be moved back from their present location may require part of the agricultural land and thus cause some impact on the agricultural incomes, although it is marginal. The project will cause the loss of crops and trees on some of the homestead and agricultural land. In some cases public facilities such as electric poles, navigational aids, small bridges etc. will also be affected by the widening of canals. Rural roads are several metres away from the canal banks and will not be affected. Some of the structures along the canals are used for mixed use, including small businesses, warehousing etc. Although complete loss of businesses and incomes due to the project is not envisaged, the degree of impacts will be further reconfirmed during implementation stage and information updated. The loss of business and incomes will be compensated in accordance with the policy. 2.3 STEPS TAKEN TO MINIMZE THE IMPACTS. Steps taken to minimize adverse impacts of the project include: (i) reductions in the design parameters limiting widening between 1 to 12 meters; (ii) widening only on one side of the canals where the population density is least; AND (iii) reducing in shipping lane widths from 30 to 26m for the Lap Vo - Sa Dec - Cai San - Rach Gia - Lien Luong canal and Mang Thit river (see Section 2.5) Specific steps taken to minimize impacts of waterway widening are particularly felt where the waterway traverses population centres. A few specific situations merit a description: Long Xuyen district The hamlet of Thoi Thanh is situated at the Rach Soi-Hau Giang canal near the connection with Bassac river. The canal has the required width but the location of two bridges coupled with a sharp bench in the canal obstruct easy passage of ships. Realignment of waterways which smoothens the bend in the canal is likely to affect about 100 families and an equal number of structures, many of which are semi- permanent and permanent and used for businesses. To minimize the impact it is proposed to open another channel under the bridge by acquiring existing government land. The proposed opening of channel will reduce the number of houses which will need to be relocated. While the exact parameter of the alignment remains to be finalized, the RAP includes the maximum number of households (100) that could be affected. The location of the canal is shown on Map 2. CHAPTER 2 Page 12 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Vi Thanh Town The Xa No canal needs widening by some 9 - 10 metres where it traverses the town of Vi Thanh. The number of PAP is 170 of which 135 will have to relocate. Possibilities to limit the number of PAPs by reinforcing embankment with sheet piling have been investigated. However, the cost (4 mln USD for 2 kin) was considered too high. The resettlement cost was estimated at only 0.9 mln USD. Therefore resettlement in Vi Thanh town would be impleted as planned and including development of a resettlement village in the vicinity. Hoa Luu Village Widening of the Xa No canal in Hoa Luu is estimated to be approximately 4 metres. Some 70 traders live in concrete houses near the edge of the canal. District authorities have requested that dredging and widening specifications be slightly adjusted so as to prevent displacement of this group of PAP. 2.4 CENSUS AND SOCIO-ECONOMIC SURVEY._ The measurement survey Between December 1995 and March 1996 PMU-SW and NEDECO, assisted by local authorities, conducted a measurement survey of all affected land and structures based on preliminary technical design of NEDECO. The survey results are presented below. Socio-economic survey A socio-economic survey of the PAPs under the project component was carried out together with the survey. Concurrently with the carrying out of the DMS, PMU-SW will review the adequacy of the information collected in the survey, revise and update it as required and inform the World Bank of its findings. The socio-economic survey, revised and updated as required, will provide a baseline to facilitate internal and extemal monitoring of the implementation of the RAP and the achievement of its objectives. In November/December 1995 a door to door census was carried out on the basis of a project design that envisaged a shipping lane of 30 m and canal widening varying from 1 to 20 m at specific sections. The census registered names, location and occupations of all families living within 20 metres of the waterway bank. In addition, detailed measurement surveys (DMS) were carried out to record the distance between waterway bank and house and between waterway bank and homestead; total surface area of house and homestead; as well as the losses of surface expected from waterway widening. Agricultural land holdings, animals, trees and wells were also recorded. The number of households interviewed amounted to 8462. A Socio-Economic survey was also undertaken which covered 30 per cent of the families presumably affected by the project. The Socio-Economic survey focused on family composition, occupations, income, access to utilities such as water and electricity, distances to schools and CHAPTER 2 Page 13 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEITLEMENT ACTION PLAN government offices, and ethnicity. The combined data of census and Socio-Economic survey provided the consultant with a detailed insight into the characteristics of the families affected by the project and the impact of the project on their existence. Six months prior to commencement of works in. a given section of the project area, PMU-SW in co-operation with district authorities will update the DMS and informn the WB accordingly. 2.4.1 Profile of affected families: The socio-economic profile summarized in the following sections is based on the 30% sample coverage of 8400 families. 2.4.1.1 Major occupations: Families affected by the project include farmers, traders, seasonal labourers and irregularly employed independents living on the embankment or over the water. Fishing is commonly practised for private consumption. Professional fishermen are rare. Not all heads of households gave a clear response to questions related to main occupation and income. These data (Table 2.1 and Table 2.5) have therefore been listed in percentages. A breakdown in main occupation per hamlet is furthermore shown in Table 1.4 of Annex 1. It has been ascertained that the statistics on main occupations are consistent with the outcome of a survey undertaken in 1994. Average family size is 5.7 of which 2.7 are of working age. Table 2.1 - Main sources of income Major occupations % 1. Farming 53.5 2. Trading 30.0 3. Seasonal labour 10.0 4. Mechanical services/small industry 2.0 5. Dependents/retired 1.0 6. Officials 1.0 7. Miscellaneous 2.5 100.0 2.4.1.2 Structures / housing: Dwellings vary from villas (few) to thatched bamboo huts. Some 380 houses are jutting out from the embankment over the water. More than 1200 houses stand on the edge of the water. CHAPTER 2 Page 14 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 2.2 - Size of affected houses (sqm.) Area (sqm.) Rural (by NEDECO) Urban (by PMU-SW) % (census of Nov.95) % (pilot census at Vi Thanh) 1. Smaller than 20 M2 12 6 2. 20-40 m2 23 33 3. 40-60 M2 31 34 4. 60-80m2 17 13 5. 80-lOOm2 8 7 6. Largerthan lO1 M2 9 7 100(a) 100 (b) Notes: (a) The number of houses affected by categories include 188 of level 1, 528 of level 2 and 1194 of level 3. Built- up area of affected houses totals 101,363 sq.m. Census by NEDECO for the two main waterways in five provinces. (b) Percentage resulted from pilot census at Vi Thanh Town - Can Tho (Hamlet No.2) on July 1996 by PMU-SW staffs and Ms Depali (WB). 2.4.13 Public facilities: Drinking water supply and sanitation are poor. The majority of the affected families live in rural areas but clusters of PAPs (Project affected persons) exist where waterways pass through provincial towns. The level of existing public facilities and services is shown in Table 2.3 below: Table 23 - Distance (in minutes) to facilities, services and temple Province School Health VPC Place of worship CanTho 14 35 41 25 Dong Thap 21 42 43 31 Kien Giang 21 36 51 32 Ca Mau (Minh Hai) 19 34 41 23 2.4.1.4 Year of Settlement: The Mekong Delta has always seen a pattern of (voluntary) mnigration. This is strikingly illustrated by the survey; 40 percent of the households settled after 1975 and 18 percent has moved into the delta. CHAPTER 2 Page 15 INLAND WATERWAYS AND PORT MODERNIZATION PROJECTf RESErTLEMENT ACTION PLAN Table 2.4 - Year of settlement Before 1945 19 1945-1974 41 1975-1986 22 After 1986 18 100 2.4.1.5 Household income: Incomes have increased in recent years as farmers practice multiple cropping and private sector activities emerge. Table 2.5 - Average annual incomes for farming, business and others Annual income Farming Business Others Less than 1 mln VND 18.5 3.4 6.6 1-4 rnln VND 36.4 30.4 41.4 4-8 mln VND 10.7 20.4 30.6 More than 8 mln VND 34.4 54.2 21.4 100.0 100.0 100.0 2.4.1.6 Ethnic composition: The overall resettlement survey (8462 households) showed that in Kien Giang and CanTho a few Khmer, Chinese and Cham are among the PAPs. In daily life the Khmer families are grouped in hamlets on elevated alluvial land. The highest parts are reserved for houses, orchards and burnt-over land for the cultivation of food crops. Only recently have a very limited number of Khmer settled along main roads, rivers and canals. The number of Cham is very small indeed. Within the Project area both Khmer and Cham are in general well integrated in Kinh society. Their incomes from agriculture tend to be above average'. Chinese are not considered an ethnic minority. Clusters of Chinese families exist in Thoi Thuan village in Long Xuyen district and in Hoa Lun village in Vi Thanh district where they are often engaged in trading or small business. Since all the communities are well integrated, socially and economically, no particular planning strategy to focus on any specific community is necessary. However, be affected PAPs would be settled following their preference so as not to disrupt existing social and community ties. Source: Ethic Minorities in Vietnam: The Gioi Publishers, Hanoi 1993 CHAPTER 2 Page 16 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 2.6 - Ethnic minorities among PAPs per province An Giang Can Tho Dong Thap Kien Giang Minh Hai Kinh 100.0 95.9 100.0 97.0 99.5 Khmer 0.0 0.1 0.0 1.0 0.0 Chinese 0.0 4.0 0.0 1.9 0.5 Cham 0.0 0.0 0.0 0.1 0.0 100.0 100.0 100.0 100.0 100.0 2.5 NUMBER OF AFFECTED FAMILEES._ The 1993 feasibility study, estimated the total number of affected households at 5400. This feasibility study was based on a two - side dredging scenario with maximum widening to 5 m on both sides. On the basis of the first 1995 design which envisaged a shipping lane of 30 m, it was expected that 6000 families would be affected and over 3000 would have to be relocated (see map 1). In view of the large number of affected families and the resulting cost of resettlement, the GOV decided to reduce the shipping lane width from 30 to 26 m for the Lap Vo, Sa Dec, Kien Luong canal and from 30 to 22 for the Can Tho - Ca Mau canal. The modified Project scope results in 4959 affected families. Of these 385 families live above canal. The number of families affected by various canal widening parameters are shown in Annex I (Table 1.3). Initially it was decided that all families retaining less than 60 m2 of homestead would have to be relocated. They number 2239 (Annex 1, Alternative 1). Only in exceptional cases with the informed choice of PAPs and in order to minimize adverse impacts on peoples incomes, existing families engaged in businesses on homesteads remaining in size marginally smaller than the minimum (60m2 in rural and 40m2 in urban areas) may be allowed to continue on the existing locations provided (i) their structures are either not affected or only marginally affected by the project, (ii) acquisition of adjoining land to make up to the minimum area is not possible, and (iii) the reduction in area is not more than 10% of the minimum allowable. The general policy of maintaining the minimum size for reorganization remains applicable in all cases. This could further reduce the number of families need to be relocated to below 1280. The PAPs live in a majority in 15 districts of five provinces: An Giang, Can Tho, Dong Thap, Ca Mau, Kien Giang. An overview of the number of affected families along the waterways per district, village and hamlet is shown in Section 1.1 of Annex 1. CHAPTER 2 Page 17 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESErrMEMENT ACTION PLAN Table 2.7 - Project Affected Families per Province Province Number Households to be relocated AnGiang 207 118 Can Tho 1783 525 Dong Thap 465 18 Ca Mau (Minh Hai) 599 232 Kien Giang 1905 387 4959 1280 2.6 LAND REQUIREMENTS._ The Lap Vo-SaDec Rach Soi-Hau Giang and Rach Gia-Kien Luong waterway requires widening over a maximum of 100 km of its total length (128 km). Average widening is 4 to 5 metres. The Xa No - Ca Mau canal will need widening over a maximum of 65 km of its total length of 124 km. Average widening on this waterway is 5 metres. About 132 ha will need to be acquired for the widening of canals. Land requirements for relocation of 1280 families is estimated at 128 000 sq.m. or 13 hectares. Although the land requirement for resettlement will be based on the available site and its size, the estimates for land requirements are made based on standard areas of 5 hectares which settles 300 families. These calculations are based on a lay-out of the 5 hectares into: - 25 per cent use for laterite roads - 5 per cent open area for open drainage ditch/canals - 10 per cent use for green space and pubic structures (children play area, parks, incidental open spaces, school, health station, etc.) - 60 M2 of homestead area for each family. No loss of forest land has been recorded. However final dredging and widening specifications may include smoothening of the bends in the Tat Cay Tram and in the Trem Canh Den canal. In addition, some agricultural land will be required for the construction of houses which will need to move back from their present location and reorganise. It is tentatively estimated that some 50 ha may be affected. A provision is included in the resettlement budget. Care will be taken to ensure that the acquisition of agricultural land will not result in the loss of more than 20% of land holding or income even all affected land owners are paid compensation in accordance with the policy in the RAP. Finally, a first estimate for land required for dredging material disposal amounts to some 1300ha. Land unsuitable for agriculture, fisheries and areas not identified as a critical natural habitat and un-used government land would be selected for disposal. However, where un-used government land is not available and use of agricultural land is unavoidable, land owners will be compensated for all affected crops, trees and other assets in accordance with the policy in the RAP. Any loss of standing crops resulting from the disposal of spoil will be assessed during the implementation and the farmers CHAPTER 2 Page 1 8 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESET'ILEMENT ACTION PLAN will be paid compensation for the loss of any standing crops, trees and for loss of incomes dunrng the period the land remains uncultivable at current market value. The cost of compensation for crops and trees is included in resettlement cost (see Chapter 9). Notes: * Estimate of land acquired Waterway Section Widening dredging Estimated land Bend-cut acquired 1) Section A (HCM-My Tho) (2,976 m) .................... 50.812 sqm - Widening 2,198 m x aver. 3 m 6,594 sqm - Three bend-cuts 220 m x 56 m x 70% 8,624 - 350 x 112 x70% 27,440 - 208 x 56 x70% 8,154 - 2) Section B (Sadec - Lap Vo) (21,890 m) .................... 87.560 sqm - Widening 21,890 m x aver. 4m 87,560 sqm - Bend-cut 0 - 3) Section C (Cai San - Kien Luong) (86,139 m) .................... 859.695 sqm - Widening 78,339 m x aver. 5m 391,695 sqm - New by-pass canal 7,800 x 60 m 468,000 - Bend-cut 0- 4) Section D (Cho Lach - Tra On) (1,893 m) .................... 19,668 sqm - Widening 1,193 mx2m 2,386 sqm - Three bend-cuts 300 m x 36 x 70% 7,560 - 264mx32x70% 5,914 - 136mx40x70% 3,808 - 5) Section F (Can Tho - Ca Mau) (61,125 m) .................... (307,536) sqm - Widening 60,963 m x 5 m 304,815 sqm - Bend-cut 162 m x 24 m 70% 2,721 - Total 1,325,271 sqm (or 132.5 ha) * Details of widening and bend-cut: see Annex 7. CHAPTER 2 Page 19 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Chapter 3: ELIGIBILITY AND LEGAL FRAMEWORK 3.1 ELIGIBILITY Project affected persons (PAPs) includes any persons or person who at the date of the initial census (November 1995) were located within the project area and who on account of the Inland Waterways Project, or any of its component or sub-project or part thereof, would have their: (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural and grazing land ) or any other movable or fixed assets acquired or possessed, in full or in part, temporarily or permanently; or (iii) business, occupation, place of work or residence or habitat adversely affected. PAPs who possess assets, land and structures, legally after the cut-off date will also be entitled to full compensation as legal PAPs in accordance with the provisions of the policy in the RAP. Further, for purposes of eligibility for compensation PAPs of a household will be considered members of a family only those entered in the family booklet issued by District Police. So, under one house roof, there are possible living certain families more than one households, and the number of households will be based on number of booklets were issued before the cut-off date (Nov. 1995). 3.2 LEGAL VERSUS ILLEGAL PROJECT AFFECTED PERSONS._ The conditions affecting PAPs legal rights to use land or build structures and subsequently their entitlements for compensation are described as follows: 3.2.1 Agricultural Land: Three categories of PAPs are envisaged under which their legal status on the use of agricultural land can be assessed. These include: 3.2.1.1 Legal PAPs with permanent land use rights: PAPs have rights to use land permanently in the form of a land use right certificates (LURC) issued by the district authority which is the relevant authority to grant rights to use land. These PAPs have full title to the land and will be compensated as such. This category of PAPs will also include those who are in the process of obtaining permanent land use rights and who have documents to prove as such. Such families have applied for a permanent LUCRE, and pending issuance of the LUCRE, the People's Committee has issued a temporary certificate. It usually takes several years before a LUCRE can be issued. In the meantime the land users are considered as legal occupants with the same rights as permanent legal occupants and compensated as such. CHAPTER 3 Page 20 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETILEMENT ACTION PLAN In addition to the Pap who have their permanent land use nrght certificates many Pap who possess either temporary or leasehold rights to land but who meet the Gov.'s criteria to be legalised as permanent users and will be entitled to compensation as pap with permanent land use rights. Criteria for eligibility for compensation of temporary and leasehold users into permanent users include: i. those occupied the land under stable conditions since the cut-off date (November 1995) for entitlement as pap; ii. there is no dispute on the land in question; and iu. the local authorities can confirm the conditions related to the above criteria. However, all the families who acquire assets legally and those build structures with due permission of the local authorities after the specified cut-off date would also be entitled to compensation as legal pap in accordance with the policy of RAP. 3.2.1.2 Legal PAPs with temporary rights to use the land: This includes pap who occupy land temporarily allocated to them by the commune. They possess written permission from the commune to use a particular piece of land for an unspecified, but renewable, period of time which is generally understood to be 5 years. Temporary users pay taxes on their crops but do not pay any user fees. These families may or may not have other pieces of land with permanent land use rights. This category of pap are those who do not meet the criteria for legalization. Compensation for these temporary PAPs for the loss of their temporarily allocated land is stipulated in Article 9 of Decree 90/CP which makes provision for compensation for lost temporary use land in the form of land allocation of up to 30% of the affected land area or cash up to 30% of the value of the affected land (refer Annex 3). However, under the RAP, the entitlements of these non-legalizable temporary users will be increased through rehabilitation measures (refer Section 4.4.1.2 of the RAP and accompanying compensation matrix) to meet objectives and principles of resettlement. 3.2.13 Legal PAPs using leased land: This category of PAPs include those in possession of land leased from the commune authorities on the basis of a signed contract, and pay the user fee and land taxes. Agricultural and forestry land lease are usually for a minimum period of 5-20 years and a maximum of 50 years, and may be leased for as long as 70 years with permission from the Prime Minister. PAPs with leased land and who can not meet the criteria for legalization will be classified as PAPs with temporary land use rights but not legalizable. Compensation for loss of leased land is stipulated in Article 4 of Decree 90/CP which provides for compensation based on the value of the land and the remaining time of the lease. Under the RAP the entitlements of such PAPs will be increased (Section 4.1 and 4.2) through rehabilitation measures (refer Section 4.4.1.2 of the RAP and accompanying compensation matrix) to meet the objectives and principles of resettlement under the RAP. CHAPTER 3 Page 21 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 3.2.2 Residential or commercial land: Three categories of PAPs are envisaged under which their legal status on the use of residential or commercial land can be assessed. These include: - Legal PAPs with permanent land use right, - Legal PAPs with temporary land use right, - Illegal PAPs with no right to use land. 3.2.2.1 Legal PAPs with permanent land use right: This includes PAPs who have rights to use land permanently in the form of LURC issued by the district authority which is the relevant authority to grant rights to use land. This category of PAPs has full title to the land. In addition, this PAPs will also include those possessing temporary or leasehold rights to residential or commercial land and who meet GOV's criteria to be legalizable as permanent users and entitled to compensation as PAPs with permanent land use rights. Requirement for legalization to permanent land use rights include as follows: a) in rural areas PAPs have occupied the land under stable conditions since the cut- off date for entitlements. In urban areas, the same cut-off date will apply in addition to the conformity of the land which need to be legalized to the master plans; However, PAPs who occupy land in urban areas within the boundaries of the master plan without land use rights certificate (temporary or permanent) before the formulation of the master plan will not be disqualified from being legalized. Further, if the land is planned for other purposes after the issuance of temporary or permanent land use rights then such other planed use should not be a valid reason to bar PAPs from being legalized (refer para 3.5 on waiver to Circular No. 1427 CV/DC). b) no dispute on the land in question; AND c) the local authorities can confirm the condition related to above criteria. This category will also include PAPs who are in the process of obtaining permanent land use rights certificates and are issued temporary LURC while waiting for the permanent certificates. 3.2.2.2 Legal PAPs with temporary land use rights: This category of PAPs include those having rights to use land temporarily with a written permit issued by the local authority and do not meet the legalization criteria as users with permanent rights. PAPs will be entitled to rehabilitation entitlements. 3.2.2.3 Illegal PAPs: Illegal PAPs with no rights to use land Illegal PAPs include those who have constructed their houses over the waterways and therefore can not be legalized. These PAPs will not be entitled to any compensation for affected structures and fixed assets. However, they will be considered entitled to rehabilitation assistance for restoration of incomes and living standards (refer compensation matrix in Table 4.2). CHAPTER 3 Page 22 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 3.2.4 Structures: 3.2.4.1 Legal right to build structures: Four categories of PAPs are envisaged under which they can be considered to have legal rights to build a structure. These include: a. PAPs with written permission (LURC in rural areas) or a building permit in urban areas issued by the relevant authority. In rural areas PAPs with legal rights to use the land have automatic right to build structure while in urban areas right to use land is not sufficient and a building permit must be obtained for structure/house. b. PAPs who are in the process of obtaining permanent LURC by the relevant authority and have the documents to prove that are considered as having legal right to build structures. c. PAPs with verbal permission from the commune to build structures provided this can be validated by local authorities as legalizable according to the provisions of Article 10 of Decree 60 (see Section 3.3) which provides for the issuance of ownership certificates in urban areas in the absence of any or sufficient eligible documentation. d. PAPs who obtained ownership certificates or legalized certificate for their houses or structures from the time of census to the implementation date of project, issued by Provincial or District People's Committees. 3.2.4.2 No right to build structures: PAPs who have built their structures without permission will be entitled to compensation for affected illegal (partly or filly) structures at 60% of the replacement cost without depreciation and for rehabilitation assistance to make up for the remaining 40% to restore living standards and incomes. However, PAPs who have been issued legalized certificates for their structure before the implementation date of project, will be considered to enjoy legal right under category (d) (Section 3.2.4.1) in accordance with the policy. 3.3 RELEVANT ACTS AND BY - LAWS In recent years the GOV. has formulated several rules and regulations to protect the interests of displaced persons. Relevant acts and by-laws that govern various aspects of land acquisition and resettlement include the following: * The Constitution of the Socialist Republic of Vietnam 15 April 1992 * The Land Law 14 July 1993 * Decree on Land Compensation No. 186JHDBT 31 May 1990 * Decree 45/CP 03 Aug. 1996 * Decree 87/CP and 90/CP 17 Aug. 1994 * Decree 60/CP 5 July 1994 * Decree 64/CP 15 Sept. 1993 CHAPTER 3 Page 23 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEFULEMENT ACTION PLAN A full description of relevant articles and provision of acts and bylaws is given in Annex 3 of the RAP. 3.4 WORLD BANK'S OPERATIONAL DIRECTIVE 4.30 The basic guiding principle of the World Bank's policy on Involuntary Resettlement (OD 4.30) is that the affected people should be "assisted in their efforts to improve their former living standards, income earning capacity, and production levels, or at least to restore them". OD 4.30 further stipulates that absence of legal title to land cannot be considered an obstacle to compensation and rehabilitation privileges. All persons affected by the project, especially the poorer, landless and semi-landless sectors should be included in the compensation, resettlement and rehabilitation package. In accordance with the Bank's policy, compensation for lost assets must be made on the basis of replacement cost without depreciation and without deduction for salvage materials. 3.5 REQUIREMENTS FOR THE RAP._ In several aspects, the provisions of local acts and bylaws (Decree 90/CP, Decree 87/CP and application of Circular No. 1427 CV/DC) do not meet the Bank's stated objectives, especially in regard to the compensation to users of illegally occupied land and assessment of affected assets at replacement cost. Decree 90/CP: Article (9) provided that in cases the land is temporarily allocated, renting or using land then the Government may compensate by land or cash, but no more than 30% of the value of the property. Article (10) stipulates that "Users of illegal land which is recovered by the State shall not be compensated for losses of land and have to bear all costs of dismantlement, ground surface clearance as required by the State". Through the approval of this RAP, GOV will provide waiver to the Article 9 and 10 of Decree 90/CP governing resettlement and compensation policy. Decree 87/CP: Article (4) states that compensation prices for land must be within the Government's range of minimum and maximum prices. To ensure the objectives of this RAP are met, unit prices for land will be established that ensure compensation at replacement cost. Through the approval of this RAP, GOV. will provide waiver to the Article 4 of Decree 87/CP governing compensation for affected assets. Circular No. 1427 CVIDC: One of the condition for the issuance of LURC for affected land is the conformity to the land use in the master plan (see Annex 3). For the purposes of the RAP and its implementation those PAPs who occupy land within the boundaries of a master plan in urban areas before the conception of the master plan would not be disqualified from being considered legalizable because of the land use criteria. Through the approval of this RAP CHAPTER 3 Page 24 INLAND WATERWAYS -AD PORTMODERNIZATION PROJECT RESETLEMNT ACTON PLAN GOV. will provide waiver to the criteria for legalization under the Circular No. 1427 CV/DC. The GOV. and Bank's policies differ over the right of persons without legal title to land or permits to build structures. By approving the RAP, the GOV. will grant permission for rehabilitation assistance to PAPs whose illegally occupied land is recovered by the project. Rehabilitation assistance will be provided according to the specific policies of this RAP. CHAPTER 3 Page 25 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Chapter 4: COMPENSATION POLICY 4.1 OBJECTIVES OF RESETTLEMENT._ The objectives of the Vietnamese legislation governing resettlement and rehabilitation of people and World Bank's OD 4.30 concerning 'Involuntary Resettlement' have been adapted for preparation of the Resettlement Action Plan for the Inland Waterways Project. These include the following: (i) Minimize adverse impacts of the Project. Considerable attention has been paid during the technical design stage of the Project and various design parameters are modified in the Project to minimize adverse impacts and the number of households that will need to be relocated by the Project. A fuller description of specific steps taken to minimize the impacts is given in Chapter 2 of the RAP. (ii) Improvement or at least restoration of incomes, living standards and productive capacity. The compensation policy encompassing compensation for all types of affected assets and rehabilitation measures as suggested in the RAP ensure that all the PAPs would be able to improve or at least restore their incomes, living standards to the pre- Project levels and productive capacity. Where the PAPs are not eligible for full compensation for their affected assets due to the tenurial conditions, they are provided with additional rehabilitation assistance package to enable them to replace their losses and to carry out productive activities with minimum disruption thus improving or at least restore the standards of living. Specific measures to ensure restoration of incomes and living standards of PAPs include compensation for lost assets based on: a) land for land of equivalent productive capacity and at location suitable and acceptable to PAPs; or b) at the request of the PAP based on the informed options cash instead for land or a combination of the two; c) a fully developed residential plot at the resettlement site with long-term tenure security and of an area equal to the one of the plot but not less than 60sq.m or 40 sq.m (rural and urban area respectively.) to PAPs severely affected by the project and who are entitled to relocation. In addition to the compensation package specified above, PAPs would also be provided with rehabilitation assistance to ensure restoration of incomes and living standards. Details are provided in Section 4.5. (iii) Compensation at replacement cost. Compensation for all types of affected assets including residential, commercial structures and other fixed assets will be paid at replacement cost (including material and CHAPTER 4 Page 26 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN labour at current market prices) without any depreciation or deductions for the salvaged building material. This will ensure that the PAPs are able to reconstruct their houses and other structures of better quality or at least to the same standard as before. Compensation for affected land will be made either in the form of land-for-land of equal productive capacity at location acceptable to PAPs or, at the specific request of the PAPs, in cash at replacement cost. (iv) Community participation and consultation. Preparation of RAP and its implementation is to be carried out with full participation of and consultation with the affected households and their representatives. Intensive public consultation has been exercised in the preparation of RAP and it will be carried out further during the implementation stage with focus on specific activities including assessment of compensation, acquisition of land, planning and development of resettlement sites, relocation to resettlement sites, and design of rehabilitation assistance programs. People's preferences and choices will be duly taken into consideration in the selection and planning and design of resettlement sites. The public information campaign and consultation program is described in Chapter 5 of the RAP. All the PAPs will also have well defined a venues for redressal of their grievances as described in Chapter 5 of the RAP. 4.2 PRINCIPLES OF RESETTLEMENT._ The Resettlement Action Plan is prepared in accordance with the laws of Viet Nam and the World Bank's Operational Directives 4.30. It's main principles are: * All PAPs residing or cultivating land in the Project area as of the date of the census (Nov, 1995) are entitled to compensation on the principle of replacement cost (without deprsiation or deduction for salvage materials) and rehabilitation assistance to improve or at least restore their standard of living. Lack of land use right certificate will not bar the PAPs from compensation for their lost structures and rehabilitation assistance. * The means of resettlement and rehabilitation are: compensation at replacement cost for houses and other structures, replacement of affected land (agricultural of equal productivity potential, residential of equal size but not less than 60m2 or 4Gm2 for rural and urban areas respectively, and commercial of equal size but not less than 14m2) at location acceptable to the Project affected persons, transfer allowances, subsistence allowances, compensation for lost business, incomes and wages; and rehabilitation assistance including training and employment to those severely affected. * Replacement of residential land will be as close as possible to the land that was lost, acceptable to the PAPs and preferably within the same commune or in adjoining communes. The resettlement site will be fully developed, with public services and community facilities prior to the shifting of PAPs. Where possible and depending on the feedback obtained from PAPs, efforts shall be made to relocate existing communities and neighbourhoods as a group so as to minimize disruption of existing social ties and community relationships. CHAPTER 4 Page 27 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN * The resettlement transition period will be minimized and land for land and/or cash compensation should be provided to the PAPs no later than one month prior to the expected start-up date of works in the respective Project site. * Resettlement and land acquisition plans will be carried out following informal consultation with the PAPs. PAPs' comments and -suggestions will be duly taken into account during the design and implementation of resettlement plans. * Financial and physical resources for resettlement and rehabilitation will be made available as and when required. * Institutional arrangements will ensure effective and timely design, planning and implementation of the RAP. * Internal and external effective and timely monitoring will be provided on the implementation of the RAP. The Project Resettlement Committee in close co-operation with Provincial Resettlement Committees will further detail work plan of approved RAP for each section of the canals where widening is envisaged one year or sooner before the actual dredging starts. A family to family assessment of relocation requirements will be undertaken. Individual wishes of the families as to their preferred new settlement area will be taken into consideration. Once the exact number of families that want to move to a resettlement site offered by the province is reconfirmed this specific site will be fully developed with public services, community facilities, access roads, etc. 4.3 GENERAL POLICY._ General policy governing compensation to affected persons is summarized below and compensation entitlements for different types of affected assets and different categories of PAPs are given in the matrix in Table 4.2. 1. Every family affected by the Project will be fully compensated at replacement cost for losses incurred at replacement cost without depreciation and deduction of savaged materials including the loss as of business, incomes and employment. These losses may vary from loss of a few square metres of homestead and agricultural land, partial or full loss of the house to (partial) loss of residential land and house and (partial) loss of residential land house and workshop, and temporary or permanent loss of agricultural land, business, income and employment. However, where PAPs are not entitled to compensation in full such as those illegal occupiers of land or those with temporary or leased land use rights will be provided with additional rehabilitation assistance to ensure restoration of incomes and standards of living. 2. Compensation shall include all additional works carried out by project affected persons e.g. household electrification, compound walls, and all additional items such as trees, graves, wells etc. 3. Compensation in cash at replacement cost for the affected portion of the structure and to cover the cost of repairs of the remaining structure shall be given for partially affected structures provided the remaining structure is viable for continued CHAPTER 4 Page 28 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN use. The compensation will be effected in cash or through provision of building materials and cash to cover the cost of labour. 4. Families retaining a homestead of less than 60 m2 (rural) or 40m2 (urban) shall be offered the opportunity to relocate to new resettlement area's prepared by the provinces with adequate physical and social infrastructure. Support for the construction of a new house shall be given in cash or in the form of building materials and cash to cover the cost of labour. 5. Fanilies losing less than 20 percent of their total agricultural land holding shall be compensated in cash at replacement cost provided the remaining land remains viable for continued use. Where more than 20% land holding affected or the remaining land becomes unliveable for continued use, the PAPs will be compensated by being given land of the same or better crop productive capacity at location acceptable to PAPs or at the informed request of the PAP - shall be compensated in cash at replacement cost. 6. Tenants leasing land will be compensated in accordance with the compensation policy as detailed in section 4.4.1.2. Privated land owner with LURC who leased their land for tenancy will be entitled to compensation for lost land only without shifting, subsistence allowances and rehabilitation assistance of income. 7. Compensation rates for crops, trees, fruit-trees are based on the current market prices in the particular province. Compensation for spoil deposit 8. Farmers whose land is taken for dredge material disposal will receive cash compensation for the loss of affected crops, trees and other assets in accordance with the policy in the RAP. The compensation for lost crops will be based on the based on the average production of the last three years. Compensation to PAPs in need of relocation 9. PAPs loosing their house and with a remaining homestead which is insufficient to rebuild on the site will be compensated for the loss of their house and the total homestead, even if not all acreage is required for Project purposes. These PAPs are entitled to receive a plot of 60 m2 in a settlement area prepared by the provinces in a nearby area. For displaced PAPs with existing land of size smaller than 60 m2 the plot of 60 sq.m. will be provided at the resettlement site with no additional payment. Where the affected land is of size bigger than the plot offered at the relocation site, PAPs will be provided with cash, at replacement cost, for the difference in size. Families wanting to acquire plots and houses in a location other than the new settlement area can be compensated in cash at replacement cost. Payments shall be made to the seller of the new homestead after the District Compensation Committee has verified the transaction. Subsistence allowance 10. All families of which part of the house is affected are entitled to a subsistence allowance in kind (rice) equivalent to US$ 30 per month for a period of 3 months if the family remains and rebuilds on the original homestead and for a period of 6 months if the family relocates. CHAPTER 4 Page 29 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETITLEMENT ACTION PLAN Transport allowance I1. All relocating families shall receive assistance for the move from the original homestead to the new settlement area, to a maximum of US$ 40 per family. The assistance shall be provided as transport facilities or in cash. Rehabilitation 12. One person in each project affected family and relocating to a new settlement area will be eligible for rehabilitation assistance. Rehabilitation assistance programs will include, among others, training, credit, employment opportunities etc. Payments for training programmes will be made directly to the training institutes indicated. In general, US$100 is allocated per PAP and at least 30 percent of the training assistance will be reserved for women. Further, the household will be provided with training subsistence allowance equivalent to US$ 30 per month for a maximum of 3 months during the training period. Detailed discussion on rehabilitation assistance is provided in Section 4.5. Tenants on Land & Structures 13. Compensation to tenants on land and those living in affected structures is explained in the entitlement matrix (Table 4.2). Emplovment In addition to above rehabilitation assistance the Resettlement Committee will identify potential employment opportunities emanating from the Inland Waterway Project and RAP implementation to assist PAPs in income restoration. It is expected that employment can be found in: - dredging and slope protection works; - resettlement site preparation; - transport of building materials; - house construction. 4.4 DETAILED COMPENSATION, RESETTLEMENT AND REHABILITATION ENTITLEMENTS._ The Project will acquire land for the following purposes: a. land for waterway widening bend-cuts, spoil disposal, civil construction generally called widening and works; b. land for group resettlement sites; c. land for individual resettlement; and d. land for access roads to resettlement sites. The following categories of land will be affected: (a) arable land, and (b) urban and rural residential and/or commercial land with and without structures thereon. The acquisition of land will adversely affect PAPs assets and impact their incomes derived from affected land. The affected peoples will be compensated for their lost assets on the widening area and the safe line and provided with rehabilitation assistance to ensure improvement, or at least maintaining their living standards and income to their pre-Project status. This section outlines compensation and rehabilitation entitlements to CHAPTER 4 Page 30 INLAND'WATERWAYS- AND PORT MODERNIZATION PROJECT RESETILEMENT ACTION PLAN each category of affected persons. The compensation and rehabilitation entitlements are summarized in a matrix in Table 4.2. 4.4.1 Loss of arable land: This policies applies to three categories of PAPs losing agricultural land; (i) PAPs with permanent land use rights; (ii) PAPs with temporary land use rights; (iii) PAPs with lease rights. There are no PAPs illegally using agricultural land and no forestry land affected. 4A.1.1 Basic principle: 1) Priority will be given by communes to ensure all PAPs have full title to at least the commune allocated amount of land as provided for by Decree 64fCP. 2) Land for land will be distributed directly to PAPs by commune authorities. All other compensation and assistance will be disbursed by PRCs and DRCs directly to the PAPs. Compensation in cash will be provided only on the informed request of the PAPs. 4.4.1.2 Entitlement: PAPs will be entitled to compensation or rehabilitation assistance according to their status. 4.4.1.2.(1) Legal users of affected land with permanent use rights: (including PAPs with temporary use rightsor lease rights to be legalized to permanent use rights) This category includes PAPs who have permanent land use rights certificates as well as PAPs who meet the criteria for permanent land use rights and will, therefore, be issued with permanent LURC in due time. * PAPs who are marginally affected ( with losses equal to or less than 20% of household income) will be entitled to the following: - Cash compensation for crops and trees at market price, AND - Cash compensation for acquired land at 100% of replacement cost Detailed inventory of affected crops, trees and plants and compensation is provided in Chapter 9. * PAPs who are severely affected (with losses more than 20% of household income) will be entitled to: - Cash compensation for crops and trees at market prices; AND - (a) As a priority, land for land of equivalent productive capacity at location acceptable to the PAPs; OR - (b) At the inform request of the PAPs cash compensation for lost land at 100% of replacement cost; AND - Rehabilitation package (subsistence allowance, training for one family member in the current or new occupation and training allowance, and agricultural extension services including farming inputs to increase productivity and remaining land, and transport allowance for PAPs who relocate). CHAPTER 4 Page 31 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 4.4.1.2.(2) PAPs of affected land with temporary use rights: (but tinlegalizable) I PAPs who are marginally affected ( with losses equal to or less than 20% of household income) will be entitled to: - Cash compensation for crops and trees at market price; AND - (a) Cash assistance for affected land corresponding to 30% of replacement cost of the affected land; OR - (b) Cash assistance for lost income from affected land for the remaining lease period. Procedures for calculating compensation amounts are described in Chapter 6. 2. PAPs who are severely affected (with losses more than 20% of household income) will be entitled to assistance as follows: a/. PAPs who have full title to land more than or equal to in area to the commune allocation will be entitle to: - Cash compensation for crops and trees at market price; AND - (a) Full title to land equivalent to 30% of the affected land area and a rehabilitation package (subsistence allowance, training for one HH member in a current or new occupation and a training allowance, and agricultural extension services including farming inputs to improve productivity on the farming land); OR - (b) Cash equivalent to 30% of the replacement cost of the affected land and a rehabilitation package (subsistence allowance, and agricuiltural land extension services including farming inputs to improve productivity on the farming land); AND - (c) Cash assistance to cover for lost income from the land for the remaining period of the lease. b/. PAPs who have no agricultural land other than the land acquired or less than the commune allocation under Decree 64/CP, will be entitled to, in addition to the above, full title to enough land to raise their total agricultural land holding up to the commune allocation amount. 4.4.1.2.(3) Legal users of affected agricultural land with lease rights to use land: (but unlegalizable) 1. PAPs who are marginally affected ( with losses equal to or less than 20% of household income) will be entitled to the following: - Cash compensation for crops and trees at market price; AND - Cash compensation for lost income from affected land for the remaining lease period. 2. PAPs who are severely affected ( with losses more than 20% of household income) will be entitled as follows. PAPs who have full title to land more than or equal to in area to the commune allocation will be entitled to: CHAPTER 4 Page 32 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN (i) Land for land compensation of equivalent productive capacity at location acceptable to the PAPs on a similar lease basis; OR Cash assistance to provide for lost income from affected land for the remaining time of the lease; AND (ii) Cash compensation for loss of crops and trees at market price; AND (iii) Rehabilitation assistance package (subsistence allowance, transport and training allowances as identified in 4.4.1.2.(2)) PAPs who have no agricultural land other than the land acquired or less than the commune allocation under Degree 64/CP will be entitled to, in addition to the above, full title to replacement land up to the commune allocation amount. 4.4.2 Loss of residential or commercial land without any structures built thereon: (with sufficient remaining area to reorganized) 4.4.2.1 Basic principle: This policy applies to the users of residential or commercial land acquired for waterway widening, without structures on the land for widening. 4.4.2.2 Entitlement: 4.4.2.2.(1) Legal users of affected land with permanent use rights or temporary use rights (but legalizable) PAPs will be entitled to compensation in cash at 100% of the replacement cost of the affected land. 4.4.2.2 (2) Legal users of affected land with temporary use rights (but unlegalizable) PAPs will be entitled to cash assistance equivalent to 30% o;; the replacement cost of the affected land. No need for additional assistance because land lost has no structures and no productive purpose. 4.4.2.2.(3) Illegal users of the affected land with no land use rights: PAPs witll no rights to use the affected land required for widening and works will not be entitled to compensation for lost land. No need for additional assistance because land lost has no structures and no productive purpose 4.4.3 Loss of residential or commercial land (with structures) with sufficient remaining area to reorganize: This policy applies to the users of residential or commercial land located in the area required for waterway widening and works with structures located in such widening area and with sufficient remaining legal (or legalizabe) area to reorganize. However, if due to the shape of the remaining plot it is not possible to reorganize, the PAPs will be entitled to relocation. This policy includes PAPs who have temporary LURC or lease land for the remaining land but meet the criteria for permanent use legalizable, will be issued pennanent LURC in due time and will be entitled to reorganize. CHAPTER 4 Page 33 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 4.4.3.1 Criteria to reorganize: (1) PAPs who have permanent use rights to at least the standard plot size of legal remaining land behind the limit of the 2m SL must reorganize on their remaining land. (2) PAPs who have less than the standard plot size of remaining permanent legal land will be entitled to relocation (detailed in Section 4.4.4). (3) Illegal PAPs and PAPs with temporary rights who cannot legalize their land use right are not permitted to reorganize. They have to relocate and entitle to compensation and resettlement assistance provided in accordance to the provisions of Section 4.4.4.2. (4) PAPs may prefer to remain on less than the standard size area in order to maintain social and economic relationships and income from economic activities. Only in exceptional cases, they will be permitted to do so after approval of the PRCs and provided that (i) the structures are not affected or only marginally affected, (ii) it is not possible to acquire adjoining land to make up for the shortfall, (iii) the decrease is not more than 10% of the minimum allowable size, and (iv) reorganization at present location is considered important to minimize adverse impact on the incomes .and living standards of PAPs. In such cases the PAPs will be provided with cash compensation at for the difference between the area of the remaining plot and the standard minimum allowable area at the rate of land at the relocation site. (5) PAPs who are allowable to reorganize, will reorganize out of SL with permanent LURC issued to them in case PAPs had not obtained it yet. 4.4.3.2 Entitlements: (1) PAPs who reorganize will be compensated at 100% of replacement cost for land lost for widening and works in the safe line (SL). (2) Reorganized PAPs will be entitled to rehabilitation measures such as subsistence allowance, training for one HH member in a current or new occupation if their income is affected, training allowance, and repair costs to repair the fronts of partially affected structures. 4.4.4 Loss of residential or commercial land with relocation: (without sufficient remaining area to reorganize) This policy applies to the users of residential or commercial land located in the widening area of the waterway and in the SL and without sufficient remaining legal or legalizable area on which to reorganize (less than 60m2 and 40m2 in rural and urban areas respectively). PAPs who do not have remaining permanent legal or legalizable land behind the SL will be relocated. 4.4.4.1 Basic principle: Conversion fees of agricultural land to residential land when agricultural land is acquired for resettlement sites, will not be paid either by PAPs or by the Project. CHAPTER 4 Page 34 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEtTLEMENT ACTION PLAN Priority will be given to resettlement site locations to enable PAPs to restore their living standards, incomes and productive capacity. For example, priority will be given to enable PAPs with businesses at their former locations to re-establish their businesses at their new locations. PMU-SW will disburse funds to the DRCs to pay the consttuction enterprise or company in charge of providing the serviced resettlement sites. This amount will include the provision of all services (water supply, power supply, drainage, etc.) and the preparation of the site (land filling, grading, access and internal roads) PAPs who have temporary or no rights to the affected land and who must relocated (a) who have other government-allocated land for the same use purpose within the commune will not be entitled to land for relocation, they will be entitled to rehabilitation assistance (Section 6.1); (b) who have no other residential or residential/commercial property will be entitled to a standard size residential plot of land (60m2/40m2) plus rehabilitation assistance-and (c) the PAP who has a commercial property affected and has no other commercial property will be entitled to a standaid size commercial plot of land (14m2) plus rehabilitation assistance . In this way, all PAPs will be assured to permanent use rights to a minimum size plot of land on which they can continue the same activities as at the affected property. PAPs who are not entitled to land will be entitled to rehabilitation assistance to restore living standards. To enable restoration of living standards for PAPs who are allowed to reorganize on less than the standard plot size, these PAPs will be entitled to special rehabilitation assistance of cash equivalent to the replacement cost of the difference in area between the standard resettlement site plot and the remaining area on which they reorganize. Payment will be made at the rate of land on the available resettlement site. Criteria for providing permission to reorganize are given in section 4.4.3.1. 4.4.4.2 Entitlement: 4.4.4.2.(1) Legal PAPs with pernanent use rights to the affected land: PAPs with permanent use rights will be entitled to: (a) a site access with an assessed value equal to or greater than the value of the land they formerly occupied. If the assessed value of the new site is greater than the assessed value of their current property, the difference will not be collected from the PAPs. Relocated PAPs whose former land area was larger than the largest plot in a resettlement site will receive cash compensation at replacement cost for the difference. (b) cash compensation at 100% of replacement cost for legal land acquired for waterway widening; OR Relocation to a group resettlement site: * Land for land compensation of full title to a plot of land on a group resettlement site of the same area and quality as the affected land in the SL CHAPTER 4 Page 35 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN and waterway widening area and for their remaining legal land behind the SL (not less than the minimum standard plot size); * Sites will be serviced with electricity, water, drainage, access and internal road, and will provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity. OR Relocation to an individual resettlement site: * Land for land compensation of full title to a plot of land of equal area and quality (not less than the standard plot size) at an individual location or in small groups of several PAPs within the commune; * Sufficient cash at replacement cost to develop their own access road, water, electricity if available and land filling; OR Self relocation: * Cash compensation at replacement cost for their legal affected land in the waterway widening area and for their remaining legal land behind the 2 metres if they prefer to make their own arrangements for relocation; AND Rehabilitation assistance including training for one HH member in a current or new occupation; AND .Subsistence, transportation and training allowances. (c) PAPs who had business at their affected location and who are entitled to relocation, will be entitled to a special income rehabilitation allowance (US$ 100) to provide for loss of income during the transition period. 4.4.4.2.(2) Legal PAPs with temporary rights to use the affected land and not legalizable as permanent: - (a) PAPs who have temporary rights to use the affected land and have other government allocated land for the same use in the same commune will not be entitled to any other land allocation and shall have to return to the already allotted land, but will be entitled to cash assistance for their affected land acquired for waterway widening at 30% of the replacement cost of the total acquired land. - (b) PAPs who have temporary rights to use the affected land and if they do not already have other government allocated land within the commune for the same use purpose will be entitled to: Relocation to a grouD resettlement site: * Land for land compensation of full title to a standard size plot of land on a group resettlement site, depending on the availability of a group resettlement site; * Sites will be serviced with electricity, water, drainage, access and intemal road, and will provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity; OR Relocation to an individual resettlement site: * Land for land compensation of full title to a standard size plot of land at an individual location or in small groups of several PAPs within the commune; * Sufficient cash at replacement cost to develop their own access road, water, electricity if available and land filling; OR CHAPTER 4 Page 36 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETFEMENT ACTION PLAN Self relocation: * At the informed request of PAPs, cash assistance at 30% of the replacement cost of the affected land if PAPs prefer to make their own arrangements for relocation; PAPs may prefer this option because 30% of the value of their affected land may be more than the value of the resettlement site land; AND - Cash assistance according to the legal status of their structures (equivalent to 100% of replacement cost for legal structures and 60% for illegal structures). - A rehabilitation package (training for one HH member and subsistence, transport, and training allowance; AND - PAPs who are entitled to relocation and who have business affected will be entitled to a special income rehabilitation allowance (US$ 100) to provide for loss of income during the transition period. 4.4.4.2.(3) Illegal PAPs with no rights to use the affected land and not legalizable: PAPs who have no rights to use the land acquired for waterway widening and no legal or legalizable land remaining behind the SL will not be entitled to reorganization, but will be entitled to the following: - (a) PAPs who have other government-allocated land for the same use purpose within the commune will not be entitled to land allocation; but will be entitled to a special rehabilitation allowance (US$ 400 for residential or residential/commercial land affected, or US$ 100 for commercial land affected only). - (b) PAPs who have no government-allocated land in the commune for the same use purpose will be entitled to one of the following options: Relocation to a group resettlement site: * Full title to a standard size plot of land (for residential or residential and commercial plot 60m2 in rural area & 40m2 in urban area; and for commercial plot only 14m2) on a group resettlement site; * Sites will be serviced with electricity, water, sewerage, access and internal road, and will provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity; OR Relocation to an individual resettlement site: * Full title to a standard size plot of land at an individual location or in small groups of several PAPs within the commune; * Sufficient cash at replacement cost to develop their own access road, water, sewerage, electricity as applicable and land filling; OR Self- Relocation: * PAPs who prefer to make their own arrangement for better business potential, will be entitled to cash payment in lieu of a fully serviced resettlement site plot. In addition to: - PAPs will be entitled to cash assistance equivalent to the actual cost of a plot in resettlement site in addition to 60% of replacement cost for their structures. - A rehabilitation package (training for one HH in a new or current occupation and subsistence, transportation, and training allowances). CHAPTER 4 Page 37 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN - PAPs who are entitled to relocation and who have business affected will be entitled to a special income rehabilitation allowance (US$ 100) to provide for loss of income during the transition period. 4.4.5 Loss of structures: This policy is applies to structures located in the SL or waterway widening area and occupied by three categories of PAPs: i. Legal owners with permission to build the structures; ii. Illegal owners who built structures without permission; iii. Tenants who have leased the land/or the building from owner. 4.4.5.1 Basic principle. 1. Compensation or assistance for all affected structures will be made at replacement cost of materials and labour. The amount will be sufficient to rebuild the same structures as the former one at the current market prices. 2. Compensation or assistance will be provided in the form of building materials, cash or combination of the two. The type and amount of.building materials or cash will be determined in accordance with the lost property. No deduction will be made for depreciation or for salvageable materials. 3. The calculation of rates will be based on affected area and not useable area. 4. PAPs with partially affected structures will receive, in addition to the compensation amount for the effected structure, cash assistance to cover the full cost of repairing the front of the structures. 4.4.5.2 Entitlement: 4.4.5.2.(1) Legal owner of the effected structure: - Fully affected structures: (1) PAPs who built the affected structures with permission will be entitled to compensation at 100% of the replacement cost of the materials and labour of the effected structure. There will be no reduction made for depreciation or for salvageable materials. (2) Compensation will be reimbursed in the form of cash, materials, or combination of the two. - Partially affected structures (PAPs reorganized): Partially affected structures will be compensated for the effected part and additional cash payment will be made to cover full cost of the repairing the house front. 4.4.5.2.(2) Illegal owner of the affected structure: - Fully affected structures: (1) Illegal owners who built the affected structures without permission will be entitled to compensation equivalent to 60% of the replacement cost of the CHAPTER 4 Page 38 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN materials and labour. There will be no reduction made for depreciation or for salvageable materials. The balance of 40% will be made up either through full title to land on a resettlement site (if he does not already own any land of similar use in the commune) or through rehabilitation measures. (2) Compensation will be reimbursed in the forni of cash, building materials or a combination of the two. - Partially affected structures: PAPs will be provided with cash assistance equivalent to 60% of the replacement cost the partially affected structures and additional cash assistance will be made to cover full cost of repairing the house front. 4.4.5.2.(3) Tenant of the affected structure: Tenants not able to continue to live under the present agreement with the owners will receive 6 months rent allowance and assistance from local authorities in finding new rental accommodation. Owners of the structures should be compensated according to the legal status of their structures provided in Sections (4.4.5.2.(1)) and (4.4.5.2.(2)) 4.4.6 Independent shop owner: 4.4.6.1 Basic principle: This policy applies to owners of shops (retail or grocery etc.) who conduct a business in a shop effected by the project but whose residence is in another place. The shop is affected property. There are three categories of independent shop owners; i. shop owner with permanent rights to use the affected land. ii. shop owner with temporary rights but not legalizable to use the. affected land. iii. shop owner with no rights to use the affected land(illegal PAP). Independent shop owners who have no remaining land behind SL must be relocated. 4.4.6.2 Entitlement: 4.4.6.2.(1) Legal shop owners who have permanent rights to use the affected land: PAPs will be entitled to one of the following options: Relocation to a group resettlement site: * Land for land compensation of full title to a plot of land on a group resettlement site of the same area and quality as the area lost (minimum 14 m2) on the site suitable for restoring business; if there are enough PAPs in a commune, the site could be a market site; * Sites will be serviced with electricity, water, sewerage, access with internal road, and provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity; OR CHAPTER 4 Page 39 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETIEMENT ACTION PLAN Relocation to an individual resettlement site: * Land for land compensation of full title to a plot of land of equal area and quality (minimum 14 m2) at an individual location or in small groups of several PAPs within the commune, the site must be suitable for restoring business, * Sufficient cash at replacement cost to develop their own access road, water, sewerage, electricity if applicable and land filling; OR Self relocation: * Cash compensation at replacement cost for their land lost if they prefer to make their own arrangements for relocation, - PAPs will be entitled to compensation or assistance for their structures according to the legal status of the structures. - Normal rehabilitation measures (training for one HH member in a new or current occupation such as training to enhance business skills and transport, subsistence, and training allowances). - PAPs will be entitled to a special income rehabilitation allowance (US$ 100) to provide for lost income during the transition period. 4.4.6.2.(2) Legal shop owners who have temporary rights to use the affected land (not legalizable as permanent), 1) PAPs who have other Government -allocated commercial or residential/commercial land within the commune will not be entitled to another plot of land, but will be entitled to special rehabilitation assistance of cash equivalent to 30% of the replacement cost of the total acquired land area to ensure: restoration of living standards and income. 2) PAPs who have other Government -allocated residential land only and no commercial land in the commune will be entitled to one of following options: Relocation to a group resettlement site: * Land for land compensation of full title to a 14m2 plot of land on a group resettlement site, depending on availability of a group resettlement site, the site must be suitable for restoring business; if there are enough PAPs in a commune, the site could be a market site; * Sites will be serviced with electricity, water, sewerage, access with internal road, and will provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity; OR Relocation to an individual resettlement site: * Land for land compensation of full title to a 14 m2 plot of land at an individual location or in small groups of several PAPs within the commune, the site must be suitable for restoring business, * Sufficient cash at replacement cost to develop their own access road, water, sewerage electricity if applicable and land filling; OR Self relocation: * At the informed request of PAPs cash assistance at 30% of the replacement cost of the effected land if PAPs prefer to make their own arrangements for relocation; PAPs may prefer this option because 30% of the value of their affected land may be more than the value of the resettlement site land; CHAPTER 4 Page 40 INLAND WATERWAYS AND PORT MODERNIZ-ATION PROJECT RESETTLEMENT ACTION PLAN - PAPs will be entitled to compensation or assistance at the replacement cost for their structures according to the legal status of the structures. - PAPs will be entitled to a special income rehabilitation allowance (US$ 100) to provide for lost income during the transition period - Rehabilitation measures (training for one HH member in a new or current occupation and transport, subsistence and training allowances). 4.4.6.2.(3) Illegal shop owners with no rights to use the land: - PAPs who have other Government -allocated commercial or residential/commercial land within the commune will not be entitled to another plot of land, but will be entitled to special rehabilitation package (as indicated below) to restore living standards and income. - PAPs who have no other Government -allocated commercial or residential land within the commune will be entitled to one of following options: Relocation to a zrouw resettlement site: * Full title to a 14m2 plot of land on a group resettlement site, the site must be suitable for restoring business; if there are enough PAPs in a commune, the site could be a market site; * Sites will be serviced with electricity, water, sewerage, access with intemal road, and will provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity; OR Relocation to an individual resettlement site: - Full title to a 14 m2 plot of land at an individual site or in small groups of several PAPs within the commune; the site must be suitable for restoring business; i Sufficient cash at replacement cost to develop their own access road, water, electricity if applicable and land filling, OR Self relocation: * At the informed request of PAPs, cash assistance in an amount representing the actual cost of the shop plot at a resettlement site land to make their own arrangements for relocation to restore business. - All illegal shopowners will be entitled to assistance at 60% replacement cost for their structures; plus a rehabilitation package to restore income (training for 1HH member in a new or current occupation and transport, subsistence and training allowances); and will be entitled to a special income rehabilitation allowance (US$ 100) to provide for lost income during the transition period. 4.4.7 Secondary (additional) PAPs: All secondary (additional) PAPs affected due to the acquisition of resettlement sites or due to acquisition of agriculture land for reorganizing PAPs, disposal areas, access roads and ditches, PAPs will be entitled to compensation and rehabilitation assistance in accordance with the provisions of the RAP. CHAPTER 4 Page 41 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 4.4.8 Loss of standing crops and trees: 4.4.8.1 Annual plants: Compensation for standing crops will be paid by DRCs to HH who cultivates at the full market value of the affected crops, regardless of -the legal status of the land. 4.4.8.2 Perennial plants: (1) Compensation for perennial plants will be paid by DRCs to HH who owns at the full market value of the affected plants, regardless of the legal status of the land (2) If the plants are not yet ready for harvest, compensation will include the total costs of initial investment and care until the time of land acquisition. (3) In the case of perennial plants that can only be harvested once, compensation will be paid for the total costs of initial investments and care calculated until the time of land acquisition. (4) Compensation will be in cash. 4.4.8.3 Individual trees: (1) Compensation rates will be determined by the tree type, diameter and productivity. Compensation shall be provided for trees located in the area required for waterway widening, civil works and spoil disposal in accordance with provincial legislation. (2) Trees located in or out of the clear area which affect navigation safety (visibility) will be cut down and compensated to owners. (3) Only private owners shall be compensated for trees. Compensation will be paid to the owners by the DRCs. The trees along the waterways belong to the State will not be compensated. (4) Compensation by cash. 4.4.9 Loss of public infrastructure and other assets: 4.4.9.1 Graves: The level of compensation for movement of graves will be made for all costs of excavation, movement and reburial. Compensation in cash will be paid by DRCs to each affected family. 4.4.9.2 Public infrastructure: High and low tension electrical lines, communication lines crossing the waterway with sub-standard clearances will be improved in requested clearances, materials will be either re-used or replaced at replacement cost if it is not possible to re-use the power station, sewage and drainage culverts in the SL will be substituted at replacement cost. Compensation will be paid directly by PMU-SW to the relevant agencies responsible for moving and re-building the infrastructure. CHAPTER 4 Page 42 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN An underground communication line which runs along the waterway widening area will be relocated by the General Department of Post and Telecommunications at its own expense. 4.5 ECONOMIC REHABILITATION._ The majority of households affected by this Project are dependent on either land- based income from agricultures or on various types and sizes of business which operate on the waterway frontage locations. Trade is the main primary and second income source of PAPs. The second primary source of income reported in the Project area is public salaries followed by agriculture. Well established home-based businesses are particularly location dependent. Land acquisition for waterway widening, and resettlement sites will impact upon the people who derive their livelihood from the agricultural land, or business. As restoration or improvement of incomes and living standards are the prime objective of this RAP, compensation and rehabilitation entitlements have been designed to meet this objective. This section presents the economic impacts of Project-related land acquisition on the PAPs, and the rehabilitation measures that will be implemented to ensure incomes and living standards are restored or improved (Table 4.1). 4.5.1 Rehabilitation measures: 1) Special income rehabilitation allowance. Each relocating PAP household that has a business at their affected location will be entitled to a special allowance of US$100 to provide for lost income during the transition period while they are moving and re-establishing their business. 2) Special rehabilitation allowance for reorganizing PAPs. Each PAP household that is permitted under exceptional cases to reorganize on less than the standard plot size will be entitled to a special allowance equivalent in value to the replacement cost of the difference between the standard plot size in the available resettlement site and the remaining area of land on which the PAP is reorganizing. The amount will be determined according to the PPC approved replacement cost of the developed resettlement site land. 3) Special rehabilitation allowance for illegal PAPs relocating out of the SL but not entitled to a plot of land. Each PAP household that has no rights to the affected land and who must move out of the SL and has other land within the commune on which to relocate and will not be entitled to a plot of land on a resettlement site, will be entitled to an allowance of US$ 400 for PAPs with residential or residential/commercial land affected and US$ 100 for PAPs with only commercial land affected. These amounts have been determined as equivalent to 40% of the cost of developing one residential/commercial or one commercial resettlement site plot. CHAPTER 4 Page 43 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN This allowance is intended as a rehabilitation measure for PAPs who are entitled to only 60% of the replacement cost of their structures and are not entitled to compensation for lost land which they did not own. 4) Materials transportation allowance District Resettlement Committees (DRCs) will provide assistance to all families who are relocated to transport their salvaged and new building materials and household effects to the new sites. The DRCs will provide the transportation at the cost equivalent to US$ 40 per family. PMU-SW will disburse the necessary funds to the PRCs and DRCs. The fund will not be paid directly to the PAPs. 5) Transition subsistence allowance Each PAP household that is relocated to a new site or reorganized will be entitled to an allowance equivalent in value to US$ 30 per months per household for six months. Transition allowance to reorganized households will be at US$ 30 per month for 3 months. The allowance will be in kind and is intended to make up for lost income and to compensate for other household expenses during the transition period when PAPs are building or repairing their houses. 6) Training subsistence allowance Each PAP household that elects to take part in a training course will be entitled to an allowance equivalent in value to US$ 30 per month for a maximum of 3 months. The allowance is intended to assist the household with lost income and subsistence costs during the training period. 7) Training One person from each reorganized and relocated household that has income affected will be eligible for training .Training is intended to give each household an opportunity to enhance household productivity and improve living standards. PAPs will be entitled to follow training courses in their current occupations in order to improve their current work or to learn a new occupation or a new skill. Junior members of relocating families will be given an opportunity to take vocational training courses. Opportunities for training exist in 22 Vocational Training Centres in the Mekong Delta. Courses given in the various centres include: industrial and domestic sewing, carpentry, English language skills, informatics, mechanics, electricity, sheet metal work, micro-business, welding and aquaculture. An entity will be contracted by PMU-SW to identify existing education and skill level among the PAPs and design appropriate rehabilitation assistance programmes. The Project will pay up to US$ 100 per person per household. The money will be paid directly to the institutions who will organize training courses. 8) Facilitate access to credit facilities Training without the necessary materials or equipment practicing the new skills, for example a carpenter without tools will reduce the potential benefit from the training. Post-training credit assistance is very important, particularly for PAPs who would like to start small business. While the project cannot provide credit assistance, PAPs will be facilitated to obtain credit assistance. PRCs and DRCs CHAPTER 4 Page 44 -INLAND WATERWAYS AND PORT-MODERNIZ-ATION PROJECT- RESETTLEMENT ACTION PLAN will arrange with credit institutions to set up short-term credit program to offer credit at low-interest/low-collateral basis to individuals and groups of small entrepreneurs if PAPs meet the criteria. PAPs will be informed of how and where to apply for credit assistance. Particularly groups of women in new settlement areas will be encouraged to start small business groups. The Resettlement Programme itself will not provide credit but it will seek to identify opportunities provided by the Refugees Repatriation Programme supported by the European Union, The Rural Credit Program and similar ongoing development programs supported by the IBRD. CHAPTER 4 Page 45 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 4.1: Allowances for PAPs: APPLICATION DEFINITION OF. ALLOWANCES IMPLEMENTATION ISSUES ENTITLED PERSON _ 1 2 3 4 1. Materials transport Relocating PAPs. All relocating PAIs are entitled to assistance (US$ 40) from DRCs to At the time of compensation allowance transport household affected, salvaged and new building materials to RS. allowances will be adjusted to 2. Transition subsistence Reorganizing and AU reorganizing and relocating PAPs are entitled to subsistence allowance Relocating PAPs. allowance during transition period at US$ 30/month for 3 months for reorganizing HH and for 6 months for relocating HH. 3. Training subsistence PAP household All PAPs participating in training courses are entitled to $30/month allowance participating in training subsistence allowance during training (maximum 3 months). Each HH course, has one member to be entitled to training. 4. Special rehabilitation PAP HH who have no All PAPs who ilegal residential and/or commnercial land is affected, who allowance for illegal PAPs rights use the affected cannot reorganize and are not entitled to a RS plot because they have with no right to use land and land and are not another property in the commune, and who are entitled to 60% assistance who have another property entitled to move to RS. for their ilegaUy built structures, will be receive a special rehabilitation allowance of $400 for residential land or $100 for restoring income lost during transition period. 5. Special income PAP HH who have PAPs are entitled to $100 cash payment of a special rehabilitation rehabilitation allowance for businesses and are to allowance to provide for loss of income during the transition period. shopkeepers relocating. be relocated. CHAPTER 4 Page 46 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 4.5.2 Rehabilitation of income from agricultural land: Loss of arable land will affect income from the standing crops and future income that would have been derived from the land. Rehabilitation measures specifically to mitigate income loss from agricultural land include the following: Compensation for standing crops. All PAPs, irrespective of their status of land use right, will be entitled to full compensation in cash for income from standing crops. They will not lose the income anticipated from the affected harvest. Compensation and rehabilitationforfuture lost income. The best method for providing future lost income would be to compensate land with replacement land of equivalent productive capacity so that the PAP will be in a position to produce the same level of income from the next season's harvest. 1) Severely affected PAPs with permanent use rights will be entitled to full compensation with replacement land and should be able to restore their productivity and incomes. 2) Leases are not entitled to full compensation but will be offered two rehabilitation options: (a) land for land of equivalent productive capacity on a similar lease basis which will enable them to restore their incomes; or (b) cash to provide for lost income from the affected land for the remaining time of the lease. 3) Temporary users will only be allocated replacement land depending on how much they have been allocated already by the commune. PAPs who are not entitled to replacement land, will be losing future income form the affected land and will require a rehabilitation measure to restore income. Therefore, temporary users will be offered three options for income rehabilitation: (a) full title to land equivalent to 30% of the affected area; or (b) cash equivalent to 30% of the replacement cost of the affected land, or (c) cash to provide for lost income from the land for the remaining time of the lease. Agricultural extension services PMU-SW will coordinate with local agencies to facilitate the provision of agricultural extension services to all severely affected farmers and those marginally affected who could not receive replacement land or income from the remainder of their leases and who derive their incomes primarily from agriculture, in order to enhance their productivity on their remaining land. All severely affected farmers with permanent land use rights and marginally affected temporary and leasehold farmers will be entitled to specific training given in the commune by a relevant govemmental agency. The type of training will be determined by PAPs in each commune in consultation with the agricultural extension agents. PAPs will also be entitled to farming/forestry inputs such as fertilizer or seed, to a maximum value of US$ 50 per household. The provision of this rehabilitation assistance will be coordinated with the agricultural extension agents. These measures will assist farmers to improve the productive capacity of their land. CHAPTER 4 Page 47 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PL AN 4.5.3 Rehabilitation of income from business: Reorganizing businesses. There will be minimal short-term impact on the incomes of PAPs who reorganize at their present locations. In fact reorganization has been determined to be the best means of maintaining stable incomes and living standards. It is for this reason that where structures are not affected or only marginally affected and where the remaining land is of minimum allowable area (or marginally smaller i.e. not less than 10% of minimum area), at the request of the households such households may be allowed to remain on existing location and provided with full title on legal land immediately-behind the SL at their present locations. In addition, all PAPs who reorganize will be entitled to an allowance of US$ 90 ($30 per month for three months) per household to help them through the transition period when they are repairing or rebuilding their structures and reorganizing their lives. Reorganized PAPs who find their incomes are affected by the Project, are entitled to training that might provide them with skills useful for improving their income generating abilities; they will also be entitled to an additional subsistence allowance (equivalent to $30 per month for maximum three months) during the training period. Relocating businesses. It is anticipated that land acquisition will impact significantly on the income of households who operate business from their waterway frontage locations and who must relocate from their advantageous positions. Businesses may lose their clientele at least initially, and will lose income during the transition period until they are able to restore their business. If relocation sites are not well chosen to enable to PAPs to restore their business, the result may be long-term income loss which would have serious effects on household living standards. The following rehabilitation measures will be applied to enable relocating PAPs who have business at their affected locations, to restore their incomes: 1) Resettlement within the same or adjoining commune to permit PAPs to maintain their economic and social relationships. 2) Resettlement of individuals or small groups within their own or adjoining commune rather than several large sites collecting PAPs from several communes. It is easier for authorities to find several individual sites within the commune than it is to find one large site. 3) The criteria for site selection must be finding sites that meet the needs of each household, according to the opinions of the PAPs. Site selection must involve the informed participation of each PAP household. 4) Full title to a plot of land which PAPs are free to use or dispose of at will. This measure is also intended to make up for the remaining 40% of replacement cost of structures of PAPs with no building permits. 5) Income rehabilitation allowance: Well situated sites will minimize impacts in the long-term, but there will still be some income loss during the transition period. A special income rehabilitation allowance of US$100 will be an entitlement of CHAPTER 4 Page 48 INLAND WA-TERWA-YS-AND PORT-MODERNIZA-TION-PROJECT - RESEITLEMENT ACTION PLAN each relocating household who runs business at their affected location. This allowance will provide for lost income during the transition period. 6) Training: each relocating household will be entitled to training either in their current occupation to enhance their existing skills to be able to improve their productivity, or training an occupation which could put them in a position to increase household income. PAPs who take part in training courses will be entitled to an additional subsistence allowance, during the training period (US$30 per month for a maximum of 3 months). 7) Transportation allowance: each relocating household will be entitled to cash (US$ 40 per household) to cover the cost of transporting their personal effects, building materials and salvageable materials from their old houses and structures to their relocation site. All of the above measures are designed (a) to ensure PAPs are not financially worse off because of the Project, and (b) to put PAPs in a position where they can regain the same economic position and growth pattern as they would have had without the Project. PAPs without rights to land and with business affected. The above rehabilitation measures for lost business income will be applied regardless of whether or not PAPs had legal rights to land at their affected locations . PAPs who do not have permanent rights to the affected land and who, because they have permanent rights to other land allocated by the comrnmune for the same purpose as the affected land, will not be entitled to a plot of land by the Project. As a result they may not have the same location advantage to restore their business at their other commune location. These PAPs will be entitled to the following rehabilitation measures: 1. PAPs with temporary use rights to their affected and will be entitled to cash equivalent to 30% of the replacement cost of their total affected land. 2. PAPs with no use rights to their affected land will be entitled to a rehabilitation allowance of US$ 400 for residential or residential/commercial land users and US$100 for independent shop owners. This will enable PAPs with business to improve their site or establish another site elsewhere. 3. PAPs will also be entitled to the same training, and transportation/subsistence/ training allowances as other PAPs so that they will not have to bear the transition costs and will have some income during the transition period. CHAPTER 4 Page 49 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 4.2: Entitlement Matrix No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON __2 3 4. 5 6 I Arable land 1 Less than 20% of total a) Legal user with * PAPs will be entitled to: household income lost due permanent rights to use - cash compensation for acquired land at 100% of replacement to acquisition of arable the affected land and cost, AND land for canal widening temporary or leasehold - cash compensation for crops and trees at market price. and resettlement sites user who provides (marginal impact on supporting documents * Farming will be permitted on remaining land in the DL. household income and which will be legalized living standards). bef. compensation as a permanent land user The approach taken is (legalizable). restoration of income loss. (944 HHs) (1716 HHs) b) Legal user of - PAPs will be entitled to: affected land with - cash compensation for crops and trees at market price; temporary use rights. (686 HHs) AND larger of the following: - (a) cash compensation for effected land corresponding to 30% of the replacement cost of effected land OR - (b) cash assistance for lost income from the effected land for the remaining time of the lease. c) Legal user of - PAPs will be entitled to: affected land with - (a) cash compensation for crops and trees at market price AND lease rights to use land - (b) cash assistance for loss of income for the remaining. (but unlegalizable). lease period. (86 Hhs) CHAPTER 4 Page 50 RESETTLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ENTITLED PERSON ISSUES 2 3 4 5 6 I Loss of arable 1.2 More than 20% of total a) Legal user with * PAPs will be entitled to: Priority will be given to land (cont'd) household income lost due permanent rights to use - cash compensation for crops and trees produce at market price, land compensation of to acquisition of arable the affected land, and - (a) full title to land of equal productivity acceptable to PAPs, in the equal area and land for widening. temporary or leasehold same or surrounding communes; OR productivity within the The approach taken is user who will be (b) cash compensation for lost land at 100% replacement cost at the same or surrounding restoration of income loss. legalized before informed request of PAPs AND communes. Severe impact on compensation as a - a rehabilitation package (training in current or new occupation, Cash in lieu of land will be household income and permanent land user, agricultural extension services including training and farming offered only as at resort or living standards. (81 HHs) inputs); and training, subsistence & transport allowances. at the informed request of (162 HHs) the PAP. b) Legal user with Priority will be given by communes to ensure all PAPs have at least the temporary rights to use commune allocated amount of land as provided for by Decree 641CP. the affected land, but 1. PAPs who have fuil title to land more than or equal to in area to the not legalizable as a commune allocation will be entitled to: permanent user. - Cash compensation for crops and trees produce at market price; (32 HHs) AND - (a) full title to land equivalent to 30% of the affected area AND a rehabilitation package (training for I HH member in current or new occupation, agricultural extension services including training and farming inputs) and training, subsistence and transport allowances; OR (b) cash equivalent to 30% of the replacement cost of the affected land AND a rehabiLitation package (training for I HH member in current or new occupation, agricultural extension services including training and farming inputs) and training, subsistence & transport allowances; OR (c) cash assistance to provide for lost income from the land for the remaining period of the lease. 2. PAPs who have no other agricultural land than the one acquired or they have less than the commune allocation under Decree 64/CP, will be allocated full title to replacement land up to the commune allocation amount in addition to the above entitlements. CHAPTER 4 Page 51 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 2 3 4 5 6 c) Legal user of Priority will be given by commune to ensure that all PAPs have at affected agricultural least the commune allocated amount of land as provided for by land with lease rights Decree 64/CP. to use land (but unlegalizable). 1. PAPs who have full title to land more than or equal to in area to (49 HHs) the commune allocation wil be entitled to: (i) - Land for land compensation of equal area or equivalent productive capacity satisfactory to the PAPs on a similar lease basis; OR - cash assistance to provide for lost income from affected land for the remaining period of lease; AND (ii) Cash compensation for loss of crops and trees at market prices; AND (iii) Rehabilitation package. 2. PAPs who have no other agricultural land than the one acquired or they have less than the commune allocation under Decree 64/CP will be entitled to, in addition to the above, full title to replacement land up to the commune allocation amount. CHAPTER 4 Page 52 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON 2 3 4 5 6 2 Loss of 2.1 Loss of residential or Legal user with PAPs will be entitled to cash compensation for land at 100% of The majority of PAPs identified as residential commercial land for permanent use rights or replacement cost of the land acquired for waterway widening. temporary lease holders in the DMS and/or waterway widening temporary use rights will be legalizable and compensated commercial (without structures built (will be legalized as a as PAPs with permanent use rights land for canal therein). permanent land user (100% of replacement cost). widening, or (285 HHs) before compensation). RSs (without (160 HHs) structures) b) Legal user with PAPs will be entitled to cash assistance equivalent to 30% of The remaining PAPs who have temporary right to use replacement cost of the land acquired for waterway widening. leases and who have not legalizable the land (but because they do not meet the unlegalizable). criteria, will be assisted as (87 HHs) temporary (30%) c) Illegal user with no PAPs are not entitled to compensation for the land acquired. right to use affected land. (38 HHs) -_._. 2.2 Loss of residential or a) Legal user of PAPs who have permanent land use rights will be entitled to In exceptional cases permission may commercial land with affected land with the following: be given to PAPs to organize on remaining legal residential permanent use rights. their remaining legal land in area and/or commercial land (1600 HHs) (a) cash compensation for land acquired to the SL for the less than the standard, with approval beyond the SL sufficient to canal widening and RSs at 100% of replacement cost; of PRCs. PAPs will be entitled to a reorganize (at least equal AND special rehabilitation allowance to to 60m2 in rural area and (b) reorganization on remaining legal land behind the SL and ensure restoration of living 40m2 in urban area). issued with LURC in due time; AND standards (equivalent in value to the (1600 HHs) (c) a rehabilitation package (training for one person in each difference in land area between the HH if income is affected, and subsistence and training standard plot size on a RS and the allowance) and repair cost to re-build the house front if remaining area on which PAP is structures partially affected. reorganizing, at the rate of RS land). PAP also entitled to repair costs for partially demolished structures. CHAPTER 4 Page 53 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON 2 3 4 5 6 2 Lost of 2.3 PAPs has remaining a) Legal PAPs of the * PAPs will be entitled to PAPs relocated. residential or permanently legal or affected land with - cash compensation for land required at 100% of replacement commercial legalizable residential permanent use rights. cost. land and/or commercial land (1116 HHs) - Group Relocation: Full title to a plot land in fully serviced less than 60m in rural group resettlement site according to the determined standard area or 40m2in urban sizes (PAPs losing an area greater than the plot in RS wiU receive compensation in cash for the difference); OR 24 HH Individual Relocation: Full title to a plot land equivalent to (1243 HHs) their area of legal land lost, and sufficient cash at replacement cost to develop their own infrastructure and services (access road, water, electricity if available, landfill); OR Self Relocation: At the informed request of the PAP cash in lieu of land at replacement cost and PAPs will make their own arrangements for relocation; - Relocating PAPs will be entitled to a rehabilitation package (training for one HH member in new or current occupation, and subsistence, transport, training allowances). - PAPs who have their business affected will be entitled to a special income rehabilitation allowance (US$ 100 per household) to provide for loss of income during the transition period. Reorganization: Only in exceptional cases permission may be PAPs reorganized given to PAPs to organize on their remaining legal land in less than standard area, with approval of PRCs. PAPs will be entitled to a special rehabilitation allowance to ensure restoration of living standards (equivalent in value to the difference in land area between the standard plot size on a RS and the remaining area on which PAP is reorganizing, at the rate of RS land) PAP also entitled to repair costs for partially demolished structures. CHAPTER 4 Page 54 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEITLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON l 2 3 4 5 6 2 b) Legal PAPs of 1. PAPs who already have been allocated a property in the - Temporary land users who have affected land with commune for the same use puroose as the affected property will a permit to build a structure will temDorarv use rizhts. not be allotted any more land and shall have to return to the be entitled to 100% compensadon (127 HHs) already allotted land, but will be provided with cash equivalent to as owners of a legally built 30% of the replacement cost of the total acquired land. structure; PAPs who have no other government-allocated land of the same -If they do not have a permit, use puroose in the commune will be entitled to: they will be entitled as owners of an illegally built structure and Group Relocation: Full title to a fully serviced group resettlement entitled to 60% of replacement site of standard size. OR cost. Individual Relocation: Full title to a plot of land of standard sizes and provided with sufficient cash at replacement cost to develop - For commercial land a standard their own infrastructure and services (access road, water, plot area of 14m2 will be electricity if available, landfill); OR provided. Self Relocation: At the informed request of PAPs, cash equivalent to 30% of the replacement cost of their lost land, and make their own arrangements for relocation; AND 2. PAPs will be entitled to compensation or assistance for their structures according to the legality of their structures; AND 3. PAPs will be entitled to a rehabilitation package (training for one HH member) and subsistence, transport and training allowances; AND 4. PAPs who had business at their affected location and who must relocate are entitled to a special income rehabilitation allowance ($100). CHAPTER 4 Page 55 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. TYPE OF APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES LOSS ENTITLED PERSON 2 3 4 5 6 2 Lost of 2.4 PAPs with no rights to PAPs will no rights to PAPs will not be entitled to reorganize if they do not have legal or PAPs who are occupying land residential or use the affected land and use the affected land legalizable land behind the SL, but will be entitled to the illegally or temporarily and do commercial no legal remaining land. (unlegalizable). following: not meet the criteria for land for road (37 Hhs) (37 HHs) 1. PAPs who have other government-allocated land of the same legalization as permanent users, widening (with use purpose in the commune, will not be entitled to a plot of land, will only be entitled to plot structures) but will be entitled to a special rehabilitation package to ensure allocation if they are not already (cont'd) restoration of living standards (cash payment of $400 for in possession of government- residential or residential/commercial land affected; OR $100 for allocated property of the same commercial land only). use purpose within the commune. PAPs who have no other government-allocated land of the same use purpose in the same commune, will be entitled to one of the For commercial land plot area of following: 14m2 and for residential or Group Relocation: Full title to a plot of land of standard size in a residential cum commercial land fully serviced group resettlement site; OR 60M2 . 2(. Individual Relocation: Full title to a standard size plot on an urb ur areas) or be (m individual site with sufficient cash at replacernent cost to develop urban areas) will be provided: their own infrastructure and services (access road, water, electricity if available, landfill); OR Self Relocation: PAPs who refer to make their own arrangements for better business potential, will be entitled to cash payment in lieu of a fully serviced resettlement site plot. AND 2. In addition, reorganizing PAPs will be entitled to 60% of a replacement cost of their structures, AND 3. A rehabilitation package (training for one HH in a new or current occupation and transition, transportation and training allowances). 4. PAPs who have their business affected will be entitled to a special income rehabilitation allowance of US$ 100 per household. CHAPTER 4 Page 56 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. TYPE OF APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES LOSS ENTITLED PERSON 2 3 4 . 6 3 Structures 3.1 Structures located in a) Legal owner of the - PAPs with legal right to build the affected structure will be In urban areas people must have the SL and the clear area affected structure. entitled to compensation at 100% of replacement cost of the a building permit to build a required for canal (2397 HHs) affected structure in material, cash or a combination of the two, structure on their legal or widening. No deduction will be made for depreciation or for salvageable temporary land. (2996 HHs) materials. In rural areas, right to use land Partially affected structures will be compensated for the affected implies right to build a structure. part at replacement cost and additional cash assistance will be made to cover the cost of repairing the house front. CHAPTER 4 Page 57 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON 2 3 4 5 6 3 Structures (cont'd) 3.1 Structures located in b) Illegal owner of the - PAPs without legal right to build the full-affected structure will PAPs who have no right to use the SL and clear area affected structure, be entitled to assistance equivalent to 60% of replacement cost of land cannot have a permit to build required for canal (599 HHs) the affected structure in material, cash or a combination of the a structure on that land. widening. two. No deduction will be made for depreciation or for salvageable materials. PAPs who do not have a permit in urban areas, will receive 60% of Additionally PAPs wiU be provided with full title to land on a replacement cost of structure, resettlement site (for relocating PAPs who have no other regardless of whether they are Government-allocated residential land within the commune) OR legally, temporarily, or illegally occupying land. A rehabilitation package (training for one HH member and subsistence, transport, and training allowances). PAPs in rural areas who do not use right to use land, and PAPs will be provided with cash assistance equivalent to 60% of therefore no building permit, will the replacement cost of the partially affected structures and be given 60% of replacement cost additional cash payment will be made to cover the cost of of the structure. repairing the house front. c) Tenants of leased Tenants of structures will be entitled to 6 months rent allowance affected structure. and assistance in finding alternate rental accommodation. CHAPTER 4 Page 58 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETrLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON l 2 3 4 5 6 4 Independent 4.1 Shops located in the a) Legal owner of the PAPs will be entitled to: To facilitate continuance of shops SL, canal widening or RS shop with permanent business & to minimize adverse lands (with residences at rights to use the 1. Group Relocation: Full title to a plot of land equivalent in area impacts on income and living a different location). affected land. to their former plot (minimum 14m2) in a fully serviced group standards PAPs may be allowed (840 HHs) (560 HHs) resettlement site suitable to restore business and income; OR in exceptional cases to continue to do business at present location Individual Relocation: Full title to a standard size plot on an within the 2m wide SL but will individual site equivalent in area to their former plot (minimum not be allowed to construct any 14m2) and sufficient cash at replacement cost to develop their structure within SL. own infrastructure and services (access road, water, electricity if available, landfill); OR Self Relocation: Cash compensation in lieu of land at replacement cost and make own arrangements for relocation. 2. PAPs relocating will be entitled to special income rehabilitation assistance of $100 to provide for income lost during the transition period; 3. PAPs relocating will be entitled to compensation or assistance at replacement cost for affected according to the legal status of the structures, 4. Normal rehabilitation measures (training for one HH in a new or current occupation such as training to enhance business skills, and transport, subsistence and training allowances). CHAPTER 4 Page 59 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON 1 2 3 4 5 6 Independent 4.1 Shops located in the a) Legal owner of the 1. PAPs who have other allocated residential/commercial or To exceptional cases PAPs may shops SL corridor (with shop with temporary commercial land in the commune, will not be entitled to another be allowed to continue their residences at a different land use rights. plot of land, but will be entitled to a rehabilitation assistance of business at present location location). (cont'd) (98 HHs) cash equivalent to 30% of the replacement cost of the affected within the SL but will not be land to restore living standards and income. allowed to construct any structure in the area. PAPs who have no other allocated residential land only and no commercial land in the commune, wiU be entitled to one of the following options: Group Relocation: Full title to a plot of land of 14m2) on a fully serviced group resettlement site suitable to restore business and income; OR Individual Relocation: Full title to a standard size plot on an individual site of 14m2 suitable for restoring business and income, and sufficient cash at replacement cost to develop their own infrastructure and services (access road, water, electricity if available, landfill); OR Self Relocation: At the informed request of PAPs, cash equivalent to 30% of the replacement cost of the lost land and make own arrangements for relocation. 2. PAPs relocating are also entitled to special income rehabilitation assistance of $100 to provide for lost income during the transition period. 3. In addition, PAPs are entitled to compensation or assistance for affected structures at replacement cost according to the legal status of the structure, AND 4. rehabilitation package (transport, subsistence and training allowances and training for one HH member in a new or current _____________________ occupation). CHAPTER 4 Page 60 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEtrLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON I__ 2 3 4 5 6 Independent 4.1 Shops located in the c) Illegal owner of the 1. PAPs who have other govermnent-allocated shops (cont'd) SL (with residences at a shop with no land use residential/commercial or commercial land in the commune, will different location). rights. not be entitled to another plot of land, but will be entitled to a (cont'd) (182 HHs) special rehabilitation allowance of $100 to restore living standards and income. PAPs who have no other government-allocated commercial land in the commune, will be entitled to one of the following options: GrouR Relocation: Full title on a fully serviced group resettlement site (14m2) suitable to restoring business and income; OR Individual Relocation: Full title to an individual site of 14m2 suitable for restoring business and income, and sufficient cash at replacement cost to develop their own infrastructure and services (access road, water, electricity if available, landfill); OR Self Relocation: Cash assistance in lieu of a 14m fully serviced resettlement site plot if PAPs refers self relocation to re-establish business. 2. Assistance equivalent to 60% of the replacement cost of their structure; AND 3. A rehabilitation package to restore income (training for one HH member in a new or current occupation, and transportation, subsistence and training allowances).. 4. PAPs are also entitled to special incomerehabilitation assistance of $100 to provide for lost income during the transition period. CHAPTER 4 Page 61 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTATION ISSUES ENTITLED PERSON 1 2 3 4 5 6 5 Additional PAPs affected by Legal user with The same policies will apply as for other land acquisition. In PAPs acquisition of land for permanent or addition, if PAPs have to be relocated temporarily during RS (336 HHs) spoil deposit, resettlement temporary use rights development. They will be entitled to an subsistence allowance site and access roads. and illegal land user. and accommodation during temporary relocation. 6 Loss of standing Crops located in the DL or a) Household who PAPs are entitled to compensation in cash at market value. PAPs will be given notice several crops on land acquired for cultivates the land. months in advance regarding resettlement sites. evacuation. Loss of Trees in the SL a) Not ready to harvest - HH who owns will entitled to total costs of initial investments Crops in SL after the issue of the perennial plants and care until the time of land acquisition. deadline will not be b) Only harvest once - Compensation in cash at market value. compcnsated. 7 Loss of trees Trees located in the SL, Household who owns - PAPs are entitled to compensation in cash at market value on and trees affect navigation trees, irrespective of the basis of type, age and productive value. safety (visibility) land tenure status. 8 Graves Graves located in the SL. Household who owns PAPs are entitled to cash compensation for all costs of the graves. excavation, movement and reburial. 9 Loss of public Infrastructure (electric and a) Relevant ministries Compensation in cash at replacement cost. infrastructure telephone lines electric and agencies. Exception: underground communication line along waterway substation, public wells) widening area will be relocated by the General Department (or located in the DL and Provincial Department) of Post and Communications which can affect safety. I CHAPTER 4 Page 62 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Chapter 5: PUBLIC INFORMATION, PARTICIPATION, CONSULTATION AND GRIEVANCE REDRESSAL MECHANISM 5.1 PUBLIC INFORMATION._ Information on the Project and the resettlement consequences has been regularly provided by the PMU-SW to all Provincial and District People Committees. In 1994 during a preparatory phase a first round of talks was organized with the planning committees of all Provincial Peoples Committees in which a full briefing on (preliminary) scope and consequences of the Project was given. In November 1995 prior to undertaking the door-to-door resettlement survey once again all provinces and the more important districts were visited and the revised scope (one side dredging) of the Project was discussed. In addition training sessions for census takers were organized. An effort was made to explain the Project to Government authorities in each village and hamlet and People's Committee representatives were invited to join the census takers. PAPs were also informed of project objectives, likely impacts on peoples' assets and general compensation policy. People were also consulted during the census and socio-economic survey operations to determine their preferences for type of compensation (land for land or cash) and their views involving resettlement sites. During the resettlement survey and preparation of RAP, provincial and district authorities as well as representatives of PAPs have made constructive comments on major issues relating to the actual design of the Inland Waterway Project, and particularly on resettlement consequences. Opportunities offered by the specific resettlement characteristics of the Project call for even more interaction with local authorities and (groups of) PAPs. The PMU-SW will ensure that local authorities as well as representatives of PAPs will be included in the planning and decision making process. The PMU-SW will continue the dialogue with Provincial People's Committee and District People's Committee throughout the Project preparation period. PAP involvement in implementation will be continued thereafter by requesting each district to invite PAP representatives for inclusion in the task forces (property evaluation, compensation, resettlement and monitoring). 5.2 PARTICIPATION AND CONSULTATION._ 5.2.1 Objectives of the information campaign and consultation program: Information dissemination to, consultation with and participation of affected people and involved agencies reduce the potential for conflicts, minimnize the risk of CHAPTER 5 Page 63 INLAND WATERWAYS AND POR-T MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Project delays, and 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: * To share fully information about the proposed Project, its components and its activities, with the affected people. * To obtain information about the needs and priorities of the affected people, as well as information about their reactions to proposed policies and activities. * To obtain the cooperation and participation of the affected people and communities in activities required to be undertaken for resettlement planning and implementation. * To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. 5.2.2 Phases of public participation and consultation: There are two phases to the public information campaign and PAP consultation: Phase I: During resettlement planning and RAP preparation activities This phase will consist of land demarcation, detailed measurement survey (DMS) of affected assets, and identification of strategies for relocation. Phase II: During the implementation of resettlement and rehabilitation activities This phase will consist of information dissemination and consultation regarding resettlement policies and procedures; calculation and payment of compensation; relocate options, sites and designs, resettlement site and house construction, and clearance from the Project area. 5.2.2.1 Phase I: INFORMATION CAMPAIGN AND PAP & AGENCY CONSULTATION DURING RESETTLEMENT PLANNING AND RAP PREPARATION During Phase I, the phase of detailed resettlement planning and RAP preparation, the following activities will be carried out sequentially: A. Activity 1: Media campaign prior to land demarcation and DMS. Information to the general public in the Project area will be given by radio, TV, newspaper,.posted public notice. The contents of the media campaign will include: - a description of Project components, the content and schedule for the land demarcation and DMS, AND - a request for PAPs to prepare their eligibility documents to show to the DMS team. B. Activity 2: Information dissemination and PAP consultation during DMS Two sub-activities are envisaged at this stage. a. Activity 2a: Letter of information to PAPs. At the time of DMS each PAP will be given a letter of introduction about the Project. The letter will contain explanations of the following: CHAPTER 5 Page 64 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN - Project description, - objective and contents of the survey, - which households would be surveyed, - documents required to show the status of PAPs' affected land and structures, and; - grievance procedures. b. Activity 2b: This will include the distribution of Public Information Booklet (PIB) to all PAPs and consultation. During DMS, each PAP will be fully informed about resettlement options (reorganization on remaining land, relocation to a fully developed resettlement site or to an individual site with cash assistance to enable the PAP to develop the necessary infrastructure/services), and will be asked to declare their preferred option according to their eligibility. Detailed contents of the public information booklet are described in Section 5.3. C. Activity 3: Information dissemination to resettlement committees and iocal authorities after DMS data analysis during RAP preparation, and consultation about options for land-for-land or cash compensation and proposed policies and activities. Following DMS and data analysis, PMU-SW will hold meetings with provincial, district and commune representatives at which the following information will be presented: (i) Project components, (ii) proposed policies and procedures including proposed resettlement strategies, (iii) a summary breakdown of impacts within their particular Project area, (iv) the implementation schedule, (v) roles and responsibilities of the responsible committees and agencies. The resettlement committees will be consulted about: (i) their opinions about the information given, (ii) their opinions about resettlement strategies in their particular area and land availability, AND (iii) identification of land for individual and group relocation. 5.2.2.2 Phase II: INFORMATION CAMPAIGN AND CONSULTATION DURING RESETTLEMENT IMPLEMENTATION: During Phase II, the phase of R&R implementation, the following activities will be carried out sequentially: A. Activity 1: Information dissemination and training After the loan agreement is signed, PMU-SW Resettlement Unit staff will provide information to resettlement committees at all levels in training workshops. PAP representatives will be included in the workshops. Detailed information will be given on Project policies and implementation procedures. B. Activity 2: DMS follow-up visit to PAPs The DMS follow-up visit to each household to distribute Assets Compensate Form in which the PAP's compensation entitlement is recorded, obtain PAPs' signature of agreement or record initial grievances, and inform and consult with PAPs about resettlement and training preferences. CHAPTER 5 Page 65 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN After the loan agreement has been signed and provincial unit prices established, the PRC/DRC will apply prices, calculate compensation entitlement and complete the Assets Compensation Form for each affected household. The following information will then be presented to PAPs individually during the DMS follow-up visit to each household: * The Assets Compensation Form showing the household's affected assets and compensation entitlement. PAPs will be required to sign the Assets Compensation Form to indicate their agreement with the assessment. If the PAPs have complaints about the contents of the form, they will be recorded at this time. * A letter /questionnaire about resettlement options and resettlement sites will be given to all PAPs entitled to relocate (i) to inform about resettlement options and specific proposed resettlement site options, (ii) to request PAPs to confirm their choice of resettlement option and their preliminary confirmation of resettlement site location, and (iii) to request PAPs to indicate services such as education/healthlmarkets that they are currently using and their current distance from such services. This letter will provide the PAPs with sufficient information to make informed choices. The following types of information will be provided for each altemative RS location: * A map of the district showing the precise location of alternative sites, including the commune and, if necessary, the distance from the waterways. * A description of the services to be provided at the RS (this information should already have been explained to PAPs at the time of DMS to determine compensation eligibility, when they are asked to indicate their preference for resettlement strategy), but should be confirmed in the letter/questionnaire. * The distance to the nearest school, medical clinic and other community facilities. * Where the selected site(s) may not provide good commercial opportunities, identification of nearby market areas or other locations where PAPs may establish their businesses. * A clear explanation of the consequences of choosing each option. To ensure that PAPs are satisfied with their choice of resettlement strategy, the following is recommended: * The questionnaire will be given to all PAPs eligible to relocate, including those households who initially indicated a preference for individual resettlement or, if permitted by the district, to reorganize on remaining land. * The questionnaire will request PAPs to indicate again whether they prefer to relocate to the group RS. Those PAPs who do not wish to relocate to a group RS should not participate in the choice of RS location. * Consultation about PAPs' preferred training options: For those PAPs eligible for training, that is PAPs who choose to relocate or whose income levels and living standards will be adversely affected through reorganization, the authorities will inform them of their entitlement for training for one family member in a current CHAPTER 5 Page 66 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN or new occupation, before asking them to make a preliminary preferred training option. C. Activity 3: Public meeting A public meeting to provide additional information to PAPs and an opportunity for open discussion about R&R policies and procedures. a. Activity 3a: Letter of Invitation to a public meeting after the DMS follow-up visit. A letter will be sent to all PAPs after the DMS follow-up visits have been completed, inviting them to attend a public meeting. The letter will be sent to be reviewed by the PAPs at least one week before the meeting in their area. This meeting is intended to clarify information that has been given to date and provide PAPs with an opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the PAPs, other means will be used to inform the PAPs and interested general public, such as posters in prominent locations in the communes and districts where PAPs currently reside; and radio, television and newspaper announcements. The letter and notices will contain the following information: * The time and location of the meeting. * Who can attend the meetings? Both men and women from affected households will be encouraged to attend, as well as other interested community members. - What will the meeting be about? The meeting will explain details about (i) the Project, and (ii) about households' rights and entitlements. There will be opportunities to ask questions. b. Activity 3b: The public meeting. Detailed information about the Project will be presented to the PAPs at public information/consultation meetings at the commune level. The meetings will follow the following format: i Explanations will be given verbally and in visual format, to include written information and drawings of the proposed design of the waterway. e 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. The DRC will establish a complete list of all PAPs present at the meetings. * 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 meetings to PMU-SW. * Relevant information will be given to the PAPs at the meetings (verbally and graphically, and on printed information sheets). Extra copies of the printed information sheets will be available at commune/district offices throughout the Project. Information about the following will be given to the PAPs: Project components - PAPs will be informed about the Project components (widening of waterways, deposit of spoil soils) and the places where they can obtain more detailed information about the Project. Proiect impacts - Proposed impacts of the Project components on the people living and working along the affected section of the waterway. CHAPTER 5 Page 67 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETLTEMENT ACTION PLAN - Explanations will be given to the PAPs about the need for land acquisition for canal widening. PAPs' rights and entitlements - Definition of a Project affected family (with the cut-off date). - The process of legalization for PAPs who do not possess official documentation will be explained, once the criteria has been established. - PAPs will be informed about the criteria for legalization, who is entitled to apply for legalization and how. - The rights and entitlements for different categories of PAPs, including the entitlements for those losing business, jobs and incomes. - Options for land-for-land and cash. - Options for reorganizing, group and individual resettlement, and provisions and entitlements to be provided for each. - Provision of development resettlement site plots with legal title and access to public facilities. - Entitlements for rehabilitation assistance (training, advice on which credit institutions will entertain requests from PAPs for credit assistance on a priority basis). The grievance mechanism and the appeals process: - PAPs will be informed that Project policies and procedures will be designed to ensure their before-Project living standards are restored. - PAPs will also be informed that if there are any confusions or misunderstandings 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 for their complaints to be heard. - PAPs will be explained access to grievance redressal procedures. Appeal redressal process consists of four steps: (see Section 5.4.2 for details) (i) Step 1: firstly, PAPs contact and redress their appeal or complaint to VRC. for solving. (ii) Step 2: if VRC. can not solve the problems, PAPs will forward their letter to DRC. and Project Resettlement Committee for solving. (iii) Step 3: if consatisfied, PAPs will keep on their complaints/appeal to PPC. (iv) Step 4: finally, if PAPs appeal was not resoluted, PAPs has the right to sue their appeal to District Court. Rights to participate and be consulted - The PAPs will be informed about their right to participate in the planning and implementation of the R&R process. - The PAPs will be represented on commune resettlement committees, and the PAPs'representative will be present whenever CHAPTIER 5 Page 68 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEtTLEMENT ACTION PLAN commune/districtlprovincial committees meet to ensure their participation in all aspects of the Project. The PAPs will be consulted about the following particular issues: (i) their preferred resettlement option according to their entitlement; (ii) the choice and design of resettlement sites; (iii) training and preferences for training in current or new occupations for all PAPs who will be or have been relocated, and for reorganized PAPs who will be or have been relocated, and for reorganized PAPs whose income levels and living standards are adversely affected. Resettlement activities PAPs will be explained the following activities: - Compensation calculation and compensation payment. - Monitoring procedures (which will include interviews of a sample of PAPs). - Reorganization. - Resettlement site planning and development; discussion of the proposed site(s). - Relocation to an individual location. - Preliminary information about physical works procedures. Organizational responsibilities - The PAPs 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. Implementation schedule - The proposed schedule for the main resettlement activities will be given to the PAPs. - PAPs will be informed that physical works could start only after the completion of all resettlement activities and clearance from the Project clear area. - PAPs will be informed that they will be expected to remove only after the full payment of compensation for their lost assets. - Implementation schedule and chart will be provided to Resettlement Committees at all levels. D. Activity 4: Information to PAPs about compensation payment A letter of notification will be sent to each PAP with the time, location and procedures for compensation payment. E. Activity 5: Public meeting for resettlement sites Information to PAPs in a public meeting and consultation out resettlement site location and preliminary planning design. a. Activity 5a: Letter of invitation to a public meeting. PAPs entitled to relocate and who have made application to go to a particular resettlement site through the letter/questionnaire in Activity I above, will be invited to a public meeting about CHAPTER 5 Page 69 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN resettlement site location and design. The letter will contain the following information: * The time and location of the meeting. Who can attend the meeting? Men and women from the households who have declared their interest in going to a particular RS * What will the meeting be about? (i)to present designs for resettlement sites chosen during the previous consultation by letter/questionnaire and follow-up meetings, for the selection of resettlement site locations; (ii)to consult PAPs for their opinions about the suitability of the sites and designs to meet their needs; and (iii) their willingness to move to the site. b. Activity 5b: The public meeting. The consultation meetings will include the following: * The alternative site plans will be presented clearly with maps to facilitate PAP understanding of the site location and proposed layout. * The advantages and disadvantages of the site locations will be presented thoroughly to the PAPs, including design options for services, infrastructure, public facilities and livelihood potential that might be available on the site or in the vicinity. a The PAPs will be given sufficient opportunity during and after the meeting to ask questions, express their opinions and be given answers to questions, before having to declare their agreement with the design and willingness to move to the site. Q Questionnaires and application forms that PAPs are asked to complete during the meeting will contain clear questions and will permit PAPs to respond freely; if necessary, PAPs will be permitted to take the forms home and to return them later, at a specified time, to the DRC/CRC offices. - The selection of a resettlement site and design will be based on agreement of a significant majority of PAPs, that is 70% or more. * The opinions of the PAPs will be taken into account in finding suitable solutions for the remaining minority of PAPs who find the site and /or design to be unsuitable for their needs. * The minority of PAPs who do not opt for the site will be consulted for their reasons and appropriate altemative solutions found to meet their needs. These alternatives might include (i) separate options for conducting business, (ii) and alternative site for some of the remaining PAPs if there are enough in one area, or (iii) individual resettlement. * If no site alternative is accepted by a significant majority of PAPs or if, for other reasons, a site location proves to be unacceptable, the process of RS selection will repeat the steps of (i) providing information to PAPs about a proposed location, (ii) consulting all PAPs eligible to relocate, (iii) ensuring that a significant majority agrees to the choice of a new RS location, and(iv) finding suitable solutions for the remaining minority of PAPs. CHAPTER 5 Page 70 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN F. Activity 6: Consultation with PAPs to confirm preferences for training PAPs will be contacted personally to confirm their preferences for training in current or new occupations for all PAPs who will be or have been relocated, and for reorganized PAPs whose income levels and living standards are adversely affected. G. Activity 7: Public meeting for slot allocation at RS Public meeting to inform and consult PAPs about resettlement site plot allocation, RS construction, house construction and technical assistance for house construction, removal from the clear area and coordination with the beginning of civil works on the road. a. Activity 7a: Letter of invitation to a public meeting. When land filling starts on a particular RS, all PAPs entitled to go to that RS will be invited to a public meeting for plot allocation. Notification of the time and place of the meeting will be sent to all PAPs who have made application to go to the resettlement site at least one week in advance. The notice to PAPs will identify the priority groups and other criteria for plot allocation, as well as the procedures for a lottery if this is necessary. PAPs will be informed that all PAPs will be represented at the meeting, either the head of household or, in the absence of the head, the appointed representative of the head. The letter will contain the following information: - The time and location of the meeting * Who can attend the meetings? Both men and women from the affected households will be encouraged to attend. - PAPs will be included in the plot allocation process to be done by the DRC. PAPs' participation in the selection of their housing plot location and, if necessary, a lottery process to distribute plots to PAPs with the same priority and/or entitlement will facilitate their acceptance of the results of the process. The two priority groups for plot allocation will be i) PAPs with commerciallbusiness activities and ii) the poor. b. Activity 7b: Public meeting: The plot allocation meeting will be organized to review with PAPs the criteria and procedures, and to permit sufficient time to clarify and questions which the PAPs may have. At the plot allocation meeting the PAPs will be informed i) of when they may take possession of their plots, ii) the deadline for dismantling their structures and moving out of the clear area, iii) that compensation in full will be paid to PAPs prior to their displacement from the present location, and iv) stipulations, if any, about house construction on their new sites. * PAPs will be advised of the availability of credit assistance in the district or province, and the procedures for applying for credit assistance if they wish to do so. * The PAPs will be informed specifically of the procedures for issuance of land use rights certificates, including review/approval by the PPC and issuance of certificates by the Provincial Cadastral Department. * PAPs will also be informed of the Projected date that LURC will be issued. CHAPTER 5 Page 71 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN * PAPs will be consulted and inforned about the timing of house construction on resettlement sites, relocation to the resettlement sites and clearance of the Project corridor and coordination with the beginning of physical works. H. Activity 8: Information to commune authorities. PAPs and the general public about resettlement site construction: There will be coordination and cooperation between PRC/DRC/CRC to ensure all levels and the general public fully understand the schedule and procedures for resettlement site construction, and to ensure all legal formalities have been followed. I. Activity 9: Information to the general public and PAPs about the beginning and on going schedule for physical works on the waterway: PMU-SW will notify the general public along the affected sections of waterways about the schedule for physical works. J. Activity 10: DRC/CRC office hours for PAP consultation: Regular office hours will be established at the DRC/CRCs during which DRC/CRC representatives will be available for PAP consultation about resettlement issues. PAPs will be informed of the time and location, which will also be posted at DRC/CRC offices. 5.2.3 PUBLIC INFORMATION BOOKLET._ To ensure that the PAPs, their representatives and the local Governments of the affected areas fully understand the details of the resettlement program, and also are informed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (PIB) will be prepared by PMU-SW, in consultation with the World Bank, and will be distributed to all PAPs in the Project area during the Phase I of public information and consultation. The PIB is envisaged as a small (2-3 page), easy to read information leaflet. General contents of the PIB will include the following: 1. Brief description of the project 2. Types of impacts 3. Basic Compensation Policy and Entitlements 4. Implementation Schedule, and 5. Grievance Redressal Mechanism 5.3 GREEVANCE REDRESSAL MECHANISM._ In order to ensure that peoples grievances and complaints on any aspect of the land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner and that all possible avenues are available to PAPs to air their grievances a well defined grievance redressal mechanism need to be established in.the Project. It is also important that all the PAPs are aware of the established procedures of the proposed grievance redressal mechanism. The detailed procedures for redressal of grievances and the appeal process will be publicized among all the PAPs through effective public information campaign. The grievance redressal mechanism and the CHAPTER 5 Page 72 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN appeal procedures will also be explained in the Public Information Booklet which will be distributed to all PAPs. 5.3.1 Contents of grievances: PAPs can lodge their complaints relating to any aspect of the compensation entitlements, compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs. The complaints by the PAPs can be lodged verbally or in written form but in case it is lodged verbally, the committee to which it is lodged will write it down in the first instance of its meeting with the PAPs. PAPs who will present their case to Commune Peoples Committee, DPC, PPC or PMU-SW or to the District Court will be exonerated from paying any legal fee. In addition, PAPs lodging complaints and appeals to District Courts will be provided with free legal representation. 5.3.2 Grievance procedures: A four stage procedure for redressal of grievances is proposed; this include: A. Complaints of the PAPs on any aspect of compensation, relocation or unaddressed losses shall in first instance be lodged verbally or in written form to Commune Peoples Committee. The complaint can be discussed in an informal meeting with the PAP and the Chairman of the Village Peoples Committee. A representative of the PMU-SW resettlement board and Property Evaluation Committee will also be present. It will be responsibility of the Commune Peoples Committee to resolve the issue within 15 days from the day it is received. B. If no understanding or amicable solution can be reached or no response from the Commune Peoples Committee is received by the PAPs within 15 days of registry of complaint, he/she can appeal to the District Peoples Comnmittee. The PAP will be heard in person by the Vice Chairman of the District Peoples Committee (DPC) in the presence of representatives of PMU-SW Resettlement Board and the District Resettlement Committee, and will be invited to produce documents which support his / her claim. The complaint must be lodged within two months of registering the original complaint. The DPC will provide the decision within one month of registering the appeal. C. 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 and DRC the PAP can appeal to the Provincial People Committee. The Provincial Peoples Committee together with the representatives of PRC and PMU-SW Resettlement Board will provide decision on the appeal within 30 days from the day it is received by the PPC. D. If the PAP is still not satisfied with the decision of the PPC and PRC on its appeal or in absence of any response from the PPC within the stipulated time, PAP as a last resort will submit its case to the District Court. CHAPTER 5 Page 73 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACIlON PLAN Chapter 6: IMPLEMENTATION ACTIVITIES 6.1 VALUATION OF ASSETS: PAP in the Inland Waterways Project will be compensated for lost assets on the basis of replacement cost (land, structures) or market rates (crops) depending on the type of loss. Every province establishes its own pricing for land and structures in accordance with the administrative price frames established by Decree 87/CP. Article 4 of Decree 87/CP states that the compensation for land must be within the minimum and maximum price range determined by Government. Prices for structures are established, based on official construction cost which include costs for management, labour, materials, equipment, taxes and profit and are approximately 30% higher than market prices. Construction costs for structures are currently based on "useable area". Unit prices in this Project will be based on "affected area"'not "useable area". The provincial price lists for structures are updated quarterly by the Provincial Department of Construction to reflect changes in the cost of labour and materials. In general, the principles for valuation are guided by the rules of Decree 90/CP issued on August 17, 1994. Salient articles are included in annex 3 of the RAP and can be summarized as follows: - Land expropriated by the Government will entitle the rightful user to be compensated by provision of land of the same area and similar productive value. The Government will make this land available by offering unused land or land expropriated from other holders. - Compensation for partly affected structures will be determined by multiplying the lost percentage of the structure by the construction price (cost of building material and labour) of an equivalent new structure. - In case of very low remaining value of the affected structure or if the remaining structure is not suitable for reconstruction the PAP will receive additional compensation to a maximum of the construction price of an equivalent new structure. - Compensation for the movement of graves includes all expenditures for exhumation, movement and reconstruction to its original state. Compensation for annual crops and for aquaculture is equivalent to the average production over the last three years multiplied by the market price for agricultural and fishery products at the time of the calculation of the compensation. - Compensation for trees includes total investment cost plus production cost from the time of its planting to the time of the expropriation. In case this cost can not be determined, the compensation will be calculated on the basis of the type, age and productive value. CHAPTER 6 Page 74 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 6.2 MECHANISM FOR JIUDGING THE ADEQUACY OF COMPENSATION._ As part of its monitoring responsibilities, the Monitoring Organization (MO) will monitor provincial prices for land and structures not less than the replacement cost. In the event that the MO finds prices are not equivalent to replacement cost, the provinces will be advised to issue necessary revisions. If the provinces do not agree to the advised of changes, representatives the Government's Pricing Commission, General Department of Cadastre and Ministries of Construction and Finance will be called upon to intervene. 6.2.1 Methodology for verification of replacement cost: 6.2.1.1 Structures: The MO, assisted by the provinces will carry out the following activities to evaluate if provincial prices will enable PAPs to rebuild their affected structures: 1) Meet with provincial authorities of construction to identify: H How prices are established by provincial authorities for the Project (source of prices, which part of the prices is for materials or labour, updating prices, etc...) i Whether the provincial prices are equivalent to replacement cost for affected area or not. 2) Consult with house owners who have built their own structures to identify: * Where they bought materials type of shops (private or state-owned), distance of transport, sources (local, foreign) and the costs of various materials; * Who built the structures (owner or contractor) and whether used hired labour or their own labour to rebuild their houses; 3) Meet with contractors specialized in residential building in each province to consult some cost estimates in order to identify: * Costs of materials and labour; Costs of different types of houses according to different categories; * Validation of provincial prices (cost per m2 floor per each category). Assessment of compensation for affected assets will be based on the principle of replacement cost and will be carried our in accordance with Circular 05/BXDIT. The prices per m2 for different category of structures will be based on the total affected area of a structure and not on the basis of the useable area. 6.2.1.2 Land: To evaluate if provincial prices of land correspond to replacement cost, the MO assisted by the provinces will investigate the following issues: * How prices are established by provincial authorities within the framework provided in Decree 871CP; * The recent land use rights transfer on land in urban and rural areas; CHAPTER 6 Page 75 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEITLEMENT ACTION PLAN * Determine that the prices paid to PAPs are sufficient or not to purchase the same quality and quantity of land. 6.2.1.3 Crops and trees: The market prices for various crop categories, including standing crops such as rice, maize and sweet potato, and for perennial plants or trees will be investigated in the five provinces to work out the average market price (AMP) and assess whether the compensation in less or greater than AMP. 6.2.2 Establishment of a new list of prices: Each province will establish a new list of prices for structures and land which reflect replacement costs. Unit prices for structures must be for affected area and not usable area. These lists will be reviewed by PMU-SW and MO. Once validated, these prices will be used for compensation for the project. 6.2.3 Avenue of grievance redressal: If PAPs are not satisfied with the level of prices determined for the Project, they will have avenues to redress their grievances through the procedure publicized in public information campaign and outlined and detailed in Section 5. 6.3 MEASUREMENT OF AFFECTED LAND AND STRUCTURES: Once the specifications for dredging and widening have been finalized, District Task Forces will undertake the task of updating the information collected earlier through detailed measurement surveys on the degree and scale of impact on land and structures. The Task Force will include at least 2 representatives of PAPs from the respective commune, selected by the PAPs themselves, and a representative of the PMU-SW. The PAPs will be informed in advance about day and timing of the survey. Heads of PAPs will be present during the survey and sign the document in which the losses are recorded. This document will contain information on the rate and exact nature of the compensation and outline the appeal procedure open to the PAPs. The choice of the PAPs regarding resettlement recorded earlier will be reconfirmed. A copy of the document will be issued to the head of the PAPs. A second original copy will be placed in a bank chosen by the PMU-SW. In cases where compensation in cash has been agreed payments will be made by the Bank on authorization of the PMU-SW Resettlement Committee. Payment shall be made not later than one month before the land or structure is actually affected by Inland Waterway Project Implementation. . CHAPTER 6 Page 76 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 6.4 RELOCATIOiN The minimum liveable homestead size for PAP has been defined by the Project. The number of PAPs in need of relocation has been calculated on the basis of this definition. The actual number of PAPs to be resettled by the Project on resettlement sites prepared by the provinces may be considerably lower for a number of reasons: - Many PAPs are expected to retract from the canal to make a new homestead by using part of their existing land. - Provision is made to acquire some agricultural land to make up for the shortage in case the remaining area is smaller than minimum 60 m2 allowed. In the census most respondents stated that they preferred to receive cash compensation and be allowed to relocate by their own means. However, with selection of appropriate sites for resettlement and the provision of full title to those relocating to these fully developed sites will result in more PAPs opting for relocation to RS. PAPs preferences for relocation will be reconfirmed during the implementation stage. However, the Resettlement Committees will closely monitor sites chosen and type of houses acquired or constructed to ensure that living conditions are at least equal to the standards previously enjoyed. Actual relocation will be organized in a carefully structured sequence so as to limit hardships for the families which have to move. The resettlement task force will investigate and confirm the number of PAPs in need of a plot in a new resettlement area. The most appropriate site from the areas already identified and proposed by the Provincial Authorities (see C.) will be selected. Physical infrastructure works will be undertaken and where necessary schools and health stations will be constructed and individual homesteads prepared. When the housing plots are allocated to individual families care will be taken that groups of neighbours are given adjacent plots. The Village or District Cadastre will issue land use rights for each plot as soon as possible after the plots have been allocated. Registration of land use rights based on the provisions of the Land Law dating from 14 July 1993 has started in 1994 and 1995. Virtually all farmers in the Mekong Delta have applied for issuance of land use rights certificates. Due to the workload of measuring the plots and the limited administration capabilities of the Land Registration Offices (called cadastre since 1995) a temporary stop was put to issuance of land use certificates in 1995. The Project Resettlement Committees together with the Provincial Resettlement Committees will prevail upon the cadastre to give priority to processing of land use rights in the resettlement areas and issue certificates within a six-months period. Building materials will be delivered on the plots and, where necessary, advice and support in construction will be provided. The completed houses will be inspected by the resettlement task force and the famrilies will be assisted in the move to the new house. The inspection by the resettlement task force will focus on completion of pit latrines, quality of construction, availability of electricity, etc. Whether or not the PAP salvage materials from their previous home no deductions for the salvaged material will be made from the assessment of compensation of affected structures. CHAPTER 6 Page 77 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 6.4.1 DESIGN OF GROUP RELOCATION SITES. 6.4.1.1 RS selection: The three steps of RS selection are : (i) DMS data collection and analysis .(ii) preliminary site identification based on PAP requirements as identified in DMS data, and (iii) site selection based on o PAP consultation . The preliminary identification of resettlement sites by PCRtDRC/CRCIPMU-SW took place during RAP preparation. The process consisted of the analysis of the DMS data to determine the numbers of PAPs requiring relocation ,the areas of land required and specific requirements for income restoration, and then identification of land for RS based on the DMS data. As a priority ,resettlement sites will be located within the PAPs' commune or adjoining commune provided there are sufficient PAPs to warrant a site. 6.4.1.2 Data Collection: The initial step of resettlement site (RS) development, includes data collection about the entitlements and requirements of Project affected people (PAPs) to obtain information essential for RS planning. The necessary information concerns primary and secondary income sources and occupation of PAPs, percentage of household income for each source, and location of income sources. The DMS information about present location will enable PMU-SW and the PRC/DRCs to undertake a preliminary evaluation of the location of concentrations of PAPs who should be relocated to a site selected in that vicinity. The DMS information about income sources ,percentages of household income obtained through each source, and the location of income sources will enable PMU- SW and the PRCtDRCs to evaluate (i) the relationship between the present location and household income and (ii) the relative importance of RS location and design for restoration of living standards and income at the RS. 6.4.1.3 Location criteria for identifying resettlement site alternatives: The identification of resettlement sites will be made according to the following criteria: * near clusters or PAPs ,to optimize the number of households that can remain near present locations; * in communes where PAPs are presently located ,to minimize disruptions of peoples' existing relationships; * at a suitable location to enable PAPs to restore incomes and living standards; for example, if households are dependent for significant portion of their household income on roadside commercial activities and incomes; for households whose main source of income is from agricultural activities, a RS offering commercial advantage may not be important, unless the PAPs can no longer be agriculturists and must find another source of income such as business. * near the canal if possible; the RS should be located to enable PAPs to restore the same access to education, health and market facilities; if the necessary services do CHAPTER 6 Page 78 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN not exist at the new site, they must be provided by the Project in coordination with the relevant line agencies to ensure sustain ability of services. * at the location where RS development is in conformity with local plan requirements * at the location where it is technically feasible to construct the RS in a cost effective manner. If a RS is identified according to the above criteria, an alternative site should not be required, unless the PAPs reveal through public consultation that the proposed site is not acceptable to them . In the event that alternatives that give PAPs real choices. 6.4.1.4 PAP consultation about resettlement options: The RS selection process will permit (i) all PAPs eligible to relocate to make informed decisions about resettlement options, and (ii) all PAPs eligible to relocated to be consulted in a timely manner to facilitate RS development activities. Consultation about resettlement options will be carried out according to the program in Chapter 5. 6.4.1.5 RS design: 6.4.1.5.(1) Site Planning: Configuration and orientation of housing plots. * The site planning must meet each household's entitlement for plot size and conform to the policies and guidelines of master plans, where appropriate. * The land area required for the RS is based on an assumption of 25% land allocation for roads, 5% for open drainage channels, 10% for public-facilities and services including open spaces and the rest 60% for residential plots each with an area of 60 m2. The type and area of public services and community facilities will depend on overall size of the RS and the local planning standards. * Housing will be designed in blocks of no more than 6-8 plots per block in a continuous line, separated by internal roads or pedestrian paths. * The RS will be designed to offer PAP have fair opportunity of restoration of living standards and income; that is, if PAPs formerly conduct business before relocation, the site will be designed to maximize its commercial potential. This effect will be realized either to enable business to be operated at house front or at market area on the site. * Rural RS locations are often adjacent to agricultural land and water bodies (fish ponds, irrigation canals). Therefore, the layout of the RS and the location of facilities such as market areas will be evaluated in terms of pollution impact of these resources (for example, dumping of solid waste). CHAPTER 6 Page 79 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 6.4.1.5.(2) Technical design of basic infrastructure: a) Water supply: If there is already a piped water supply in the vicinity of the site, water pipes including main and branch will be installed by the Project. PAPs will be responsible for connecting from the branch pipes to their houses if they had been compensated for old branch pipes in their former land before relocation. Otherwise, the Project will install branch pipe to their homestead frontage. If there is not a piped water supply in the vicinity of the site, the Project will provide the most technically appropriate and cost effective solution depending on the technical feasibility assessment of water supply. Solutions could include individual or communal wells built to the standards of UNICEF wells. Where surface water is the most appropriate source, the Project will invest in a pumping station, water treatment station and water tank for the RS. In this case the local water supplier will be encouraged to cooperate in investment and management of the whole area's water supply network in the vicinity of the resettlement site, thereby making the investment and construction more efficient. b) Waste water and solid waste management: Drainage systems will be designed for both sewage and storm water drainage. The resettlement sites will be designed with underground culverts or brick/stone masonry ditches with reinforced concrete covers. Brick holes for water will be allocated for easy dredging. Their capacity will be designed to meet the requirements of the planned number of PAP households and the 20% additional plots. Where the main water drainage system is more than 500 meters in length or drains into surface water (such as irrigation ditches) which can affect the environment and public health, mitigation measures will be designed to treat the waste water before it drains into the water bodies. The resettlement sites will be designed with solid waste management methods which are appropriate to the number PAPs, the proposed use of the site (residential only, or market are), and the environment in the vicinity of the site. c) Roads: The resettlement sites will be designed with access road(s) to the nearest roadway and internal roads. * Access roads: Existing roads will be improved by the Project or new access roads will be provided to standard TCVN 405485 (motorized vehicle road, class VI) for all three types of large, medium and small resettlement sites, according to specifications in the table below. * Internal roads: Internal roads through the RS will be provided to standards specified in the table below, and will include the provision of 1,5 meter wide sidewalks on both sides, according to specifications in the table below. * Sidewalks: Sidewalks will be 1.5 m wide as specified. In addition, an open space will be designed between the sidewalk and a block of houses. The width of the open spaces will be 0.75 m on each side of the road. CHAPTER 6 Page 80 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 6.1: Definition of standards for access and internal roads and sidewalks. Access Roads to RS Internal Roads Order RS. Category Total Width of Total Width of Sidewalks Min. width Pavement width Pavement (m) Radius (m) (m) (m) (m) (m) I Big>80 HHs 8.5 3.5 6.5 3.5 1.5 15 2 Medium 51 to 8.5 3.5 6.5 3.5 1.5 15 80HH 3 Small 20 to 50 8.5 3.5 6.5 3.5 1.5 10 HHs d) Electricity: The resettlement sites will be designed with electricity supply lines reaching to each block of housing. PAPs will be responsible for making the connection from the supply lines to their individual houses under management of the local electrical supplier. However, if the existing houses contained electric connections than the project will bear the cost of electric connection to the new house. If power transmission line and voltage transformer are available. Florescent lights with glass covers will be provided along the main roads and access roads. e) General comments: At least 10% of the site area is reserved for public facilities and community services. The type of facilities that will be provided on an individual site will be determined by the size of the RS and the population supported by it. Further, the size and type of facility will also be govemed by the planning standards. In general, the facilities that may be provided include: - children play area and park facilities - incidental open spaces - clinic - kindergarten - primary school - local commune office The proposed population density of about 100 HHs per ha provides for about 60% land in each resettlement site for infrastructure and public facilities. The technical solutions will be appropriate in terms of environmental and public health consequences. The technical designs will include a summary assessment of potential negative environmental impacts of the proposed planning and technical designs and alternative solutions for mitigation. The PRC and the design consultant will submit the technical designs to PMU-SW for review. Afterward, the technical design and cost estimates will be submitted to MOTC for approval of the proposed RS development. The technical design document will clearly define the quality standards for construction and the criteria for evaluating and accepting construction works. The PRCs will prepare at this time the list of candidates for contractors and construction monitoring consultants for RS construction. CHAPTER 6 Page 81 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 6.4.1.5.(3) PAP consultation for resettlement site design: The draft master planning will be presented in a public meeting to all PAPs who will be relocated to the RS. The objective of the public meeting is to (i) inform PAPs fully about the proposed site and (ii) elicit their participation in the planning process to ensure the final RS location and design meets their specific needs. The consultation meeting will follow the format outlined in Phase II Activity 4 in the Information Campaign and Consultation Program. 6.4.1.5.4 RS construction, plot allocation, house construction, removal to RS: RS Construction: RS construction will be coordinated with the local authorities to ensure all levels and the general public fully understand the schedule and procedures for RS construction, and to ensure all legal formalities have been followed. RS Plot Allocation: RS plots will be allocated at a public meeting to which all PAPs will be invited. The contents and format of the public meeting and plot allocation are described in detail in Section 5.2.2.2 (c). The objective of this meeting will be that (i) all PAPs are fully informed about the procedures and criteria for plot allocation, house construction, issuance of land use rights certificates, technical assistance for house construction, and removal to the RS; (ii) the plot allocation process is transparent; and (iii) PAPs are full participants in the process. House Construction: The Project will hire designers to prepare several models of houses of different categories and materials. PAPs will be advised of the advantages of each type. Removal to the RS and coordination with project civil works: PAPs will be informed of requirement to clear the Project area by an agreed upon date. PAPs will have 6 months in which to build their houses on the RS and clear the Project area. PAPs will be compensated fully before removal and will be provided with identity cards and land use rights certificates. 6.4.2 INDIVIDUAL RELOCATION._ 6.4.2.1 Criteria for PAPs to relocate individually: Where the number of eligible PAPs in a commune is less than 10, a group RS will not be built. Legal PAPs will have the option of: (i) cash compensation for land and make their own arrangements to relocate themselves; or (ii) land for land of equivalent size and value, to be allocated by the local authority. The commune will be paid by the Project for the land. Illegal PAPs will be provided a standard size plot of land (60m2 in rural and 40m2 in urban). CHAPTER 6 Page 82 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 6.4.2.2 Criteria for identifying individual site locations: For PAPs who are legal occupants of the affected land or PAPs who are illegal occupants, but for whom there is no RS in the vicinity, the commune authority will allocate individual sites according to the following criteria: * Legal occupants will be allocated new sites equivalent in area to their former area. * Illegal occupants will be allocated new standard size. * The sites will be a maximum of 3 km distance from the PAP's former location. * The site will be close to Highway 1 or other provincial/district road. * The location should be suitable for restoration of living standards and income. * The location should be close (approximately 200 m) to a low tension electricity station, a clean water source, services such as school and health care centre. 6.4.2.3 Individual site development: * An area of land equivalent to one third (1/3) of the total standard plot area will be given to each PAP for access road and trees, in addition to the land entitlement. - The Project will provide each PAP with cash at replacement cost for land filling and to build infrastructure (access road, electricity if available, water) and trees, and technical assistance to build their houses. - PAPs who are allocated former agricultural land on which to build their houses, will be exempt from the tax for transferring agricultural land residential land. 6.4.2.4 Removal to the RS: PAPs will be compensated fully before removal and will be provided with identity cards and land use rights certificates. PAPs will be informed of requirement to clear the Project area by an agreed upon date. PA-Ps will have 6 months in which to build their houses on the RS and clear the Project area. 6.5 RESETTLEMENT SITES Upon request of the PMU-SW, all the five provinces have identified suitable resettlement sites near the locations where groups of PAPs to be displaced are living. A total of 26 sites have been described and submitted to the PMU-SW. Total area of the locations indicated amounts to more than 344.09 ha thus largely exceeding requirements. Virtually all sites indicated are vacant or agricultural land of major area with few houses occupied at present. An overview of locations and short descriptions of the sites are provided on the following pages (Table 6.2). Once the final design of the Inland Waterways Project has been completed, the PMU-SW will enter into consultation with PAPs for re-affirmation of their option for cash or land-for-land and on the selection of resettlement sites, their acceptability by the CHAPTER 6 Page 83 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETrLEMENT ACTION PLAN- PAPs, and define in detail the infrastructure works and the public facilities to be constructed. Location maps of the resettlement areas submitted are shown in Annex 4. CHAPTER 6 Page 84 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 6.2 Overview of proposed resettlement sites No. District Reloc. Location of relocation site Area/ RS Information HH ha area CAN THO 1 Vi Thanh 14 TT Vi Thanh Ap 1 1.7 0.4 Government property, next to district police station 2 Vi Thanh 127 TT Vi Thanh Ap 2 2.4 2.4 Government property, next to old prison 3 Vi Thanh 40 TT Vi Thanh Ap 7 9.8 1.2 Government property, near army area. The site is connected to XaNo canal by waterway of 20 m wide and 2 m deep. A tarmac road in good condition connects the site to Vi Thanh and the next village. The site is 1.5 km from the present homesteads of the PAP. More details are given in Annex 4. 4 Vi Thanh 58 Hoa Luu My Mot 5.6 1.7 Government property 5 Vi Thanh 68 Vi Tan Ap 6 3.8 2.1 Government property, near husbandry station 6 Thot Not 43 Thanh Quoi Qui Long 2.0 1.2 Suitable for 100 h h. Along national road 7 Thot Not 33 ThanhThang Phung Quoi 8.8 1.0 Near B canal, 315 m x 280 m. Near hospital next to Tan Hiep boundary, suitable for 400 households from Thanh An Village AN GIANG 8 TX Long Xuyen 47 My Thanh Thoi Thanh 1.5 Between Cai San Canal, rural road (6 m) and Muong Thom Creek, near existing settlement area 9 TX Long Xuyen 53 My Thanh Thoi Hoa/ 8.0 1.5 3.8 ha of agric. land and 4.2 ha of resettlement land o.w. housing 3.7 ha, road Thoi Thanh 2.5 ha, school etc. I ha and park 0.8 ha CA MAU 10 Thoi Binh 18 Tri Phai/TT 96.0 0.6 16 km x 60 m including gardens, rice fields, sugarcane lands, to be divided Thoi Binh into 26 ha for a main road and 70 ha for settlement CHAPTER 6 Page 85 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. District Reloc. Location of relocationsite Area/ RS Information HH ha area DONG THAP 12 Thanh Hung 43 VinhThanh Market 15 1.2 Vinh Thanh Market tobe expanded to hospital area. New area has hospital east, irrigation canal west, new irrigation canal south and National Road 80 on the north. Presently 5 ha rice and 10 ha settlement land. Can accommodate 600 hh. Tentative 13 Thanh Hung 103 Binh Thanh New market 5 3.1 New area near Vam Coy Ferry (Binh Thanh Village). Canal 9 is east. Road No. 9 80 is north. Presently rice 3.8 ha and settlement 1.2 ha. Should accomnnodate 250 hh. Tentative 14 Thanh Hung 77 TT Lap Vo Vam Cong 66 2.0 Vam Cong market to be expanded to Cai Son Creek (Lap Vo Townlet). National Road 80 is south. Cai Son Creek is east, Vam Cong - Sa Dec river is north, 26/3 canal Binh Thanh Village is west. Presently 33 ha rice and 29 ha garden. Can accommodate 800 hh 15 Sadec Town 83 TX Sa Dec Phuong 1 4.3 2.4 Old rural road is east, surrounded by land parcels, 0.9 ha is agriculture, 1.3 ha is for settlement, 2.9 ha is for special purposes. To be developed into 2.2 ha for housing, 1.5 ha for infrastructure, 0.6 ha for parks 16 Sa Dec Town 91 TX Sa Dec Phuong 2 8.0 3 National road is north, surrounded by agricultural land, presently 2 ha in agriculture, 2.5 ha for settlement, 0.6 ha for special purposes. 4 ha destined for housing, 2.9 ha for infrastructure and 2 ha for greenery 17 Sa Dec Town 98 Tan Quy Tay Tan Hoa 20.0 4 Provincial Road Sa Dec - Cao Lanh 23 is east, irrigation canals is west and north. Presently used for agriculture (18 ha) and settlement (2 ha). To be developed into 10 ha housing, 7 ha infrastructure and other means and 2.6 ha for greenery 18 Lai Vung 88 Tan Dong Tan Loc A 21.5 3 Intersection by Lo 13. Cai Co Creek on the west, Hoa Thuan Village Creek on the south. Sa Dec River on the north area to be developed into 12.5 ha for housing and 9 for infrastructure. Tentative CHAPTER 6 Page 86 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN No. District Reloc. Location of relocation site Area/ RS Information HH ha area KIEN GIANG 19 Rach Gia Town 62 Mong Tho A village, Hoa Binh 2.4 1.9 Projected site adjacent to of 300mx8Om to be developed for 58 households hamlet (near Nuoc Ngot canal). 21 Chau Thanh Hon Dat Town, My Lam hamlet 2.69 Closes to Xep Mau and canalNo.500, indistance of 800m from Rach Soi Hau District 46 1.4 Giang canal in the North. 22 Hon Dat District Hon Dat Town, My Lam hamlet 10+12 Expansion of My Lam market - devided it into 9 land plots - each plot of 70mxlOOm and one aditional area closed to the existing Town. 23 Tan Hiep District 199 Tan Hiep A, Tan Hiep B 12 6 Expected relocation sites for PAPs along Rach Soi Hau Giang canal within two villages. 24 Go Quao District 16 Vinh Phuoc village, Phuoc Loi 2 0.5 Relocation sites are projected along Xang Cut canal hamlet 25 Vinh Thuan 196 Cross-corner of Chac Bang - 17.1 5.9 Plots of A, B, C, D, (A, B behind Vinh Thuan market which are 9.5 ha - C, D District Canh Den and Chac Bang - Nam behind the District People's Committee office which are 7.6 ha. Ky Khoi Nghia canal 26 Kien Luong Town 63 Town viccility 8 2 Relocation sites are projected along Rach Gia-Ha Tien canal Total 344.09 50 Notes: - Proposed areas were approved by Provincial People's Committees. - RS areas needed to relocated HH. CHAPTER 6 Page 87 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Chapter 7: INSTITUTIONAL SET-UP AND ORGANIZATION 7.1 RESPONSIBILITIES OF EXECUTING ORGANISATIONS (INVOLVING COMPENSATION AND RESETTLEMENT).- 7.1.1 Ministry of Transport and Communications: MOTC will be responsible for deciding project policies of resettlement of IWPW on behalf of the Government of Viet Nam (GOV.). The PMU-SW and other involved agencies will carry out the necessary procedures to implement the RAP. 7.1.2 Project Management Unit of Southern Waterways (PMU-SW): PMU-SW undertakes functions of an executing agency to ensure the coordination of central and local authorities and PAPs, request improvement of regular policies in appropriating to practices, data base management of PAPs, funding and budgeting of compensation and resettlement works, supervising RAP implementation,.... Lessons learned from HW #1 Project show that the close coordination between PMU and Resettlement Committees (at different administrations), the assigrnent of and trained personnel in resettlement mechanism, the well understanding of PAPs (not sensible feelings) on project must be take into account by PMU-SW. The responsibilities of PMU-SW shall be systemized as follows: a) overall planning, programming, monitoring of RAP. b) budgeting, funding and accounting all transactions between Bank and PMU, PMU and other implementing agencies. c) ensuring all eligible PAPs are identified and compensated at replacement cost for their property loss have improved or restore their living standard and benefited from the Project and have participated in resettlement planning and been provided with a fair understanding of project and on how to redress their grievances or complaints if any. d) training resettlement staff (at PPCs, DPCs, VPCs level) on data computerisation, resettlement principles and practices, public information campaign, public consultation,... e) data base management and updating whenever necessary and analysis. f) regular reporting, assessment of RAP progress to MOTC and Bank. The PMU-SW Resettlement Office in cooperation with the Provincial Peoples Commnittees will organize training courses for all members of all task forces to ensure consistency in RAP implementation, in identification of losses and CHAPTER 7 Page 88 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN consistency in calculation within the compensation rate framework as defined by the Provincial Peoples Committee. ORGANIGRAM OF PROJECT MANAGEMENT UNiT OF SOUTHERN WATERWAYS (PMU-SW) PMU-SW Director General Vice-Director General in charge of WB project Technical Plannn Administration Financial Rescttlement Section & & & & Coordination Personnel Section Accounting Environment Section Section Section Dredging is to start simultaneously at two locations e.g.; Lap Vo-Sa Dec and Xa No canal. Consequently, task forces will be established at each of these locations. 7.1.3 People's Committees: The RAP will be implemented by the PCs at three levels (province, district, village) under the guidance, assistance and monitoring of PMU-SW, the general direction of MOTC. The People's Committees as top administration at various levels will have function and handle governmental administrative responsibilities within their territory. CHAPTER 7 Page 89 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 7.1.3.1 + Provincial People's Committee (PPC): 1 signing contract with PMU-SW for running Provincial Resettlement Committees based on cost estimate approved by MOTC and PMU-SW. 2. issuing the policies of relocation and compensation rates and subsidiaries and other directives and instructions of resettlement and compensation applied to the project in their administration land. 3. establishing provincial resettlement committees and appointing head of district resettlement committee with assigned responsibilities and tasks, appointing members of Provincial Resettlement Committee and its chairmanship. 4. approving compensation estimates submitted by District Resettlement Committees. 5. Allocating land plots to relocated families and issuing land use right certificates (land titles) 6. acquisition and allocation of land for Project. 7. Task assignment for districts, villages/communes in province. 7.1.3.2 + District People's Committee (DPC): PPC is considered as main implementing monitor who will decide the productivity of detailed compensation and resettlement works. PPCs are assumed to: - appoint members of District Resettlement Committee, its chairmanship and assign functional tasks for DRC. - appoint heads of village resettlement team as required. - certify land use right applications of PAPs and their property title (rebuilt from shiffing). - signing contract with PMU-SW for running District Resettlement Committee based on operating cost estimate approved by MOTC and PMU-SW. - reimburse to VRC and DRC operating costs. 7.1.3.3 + Village People's Conunittee (VPC): - appoint members working in village resettlement team and team leader to point and working in DRC's task forces. - signing compensation document of PAPs. - receive operation fund allocated by DPC. - PAPs information and consultation, PAPs meeting arrangement. CHAPTER 7 Page 90 INLAND WA-TERWAYS AND PORT-MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 7.2 RESPONSIBILITIES OF RESEITLEMENT COMMTITTEE._ 7.2.1+ Provincial Resettlement Committee (PRC) responsibilities: - coordinating, scheduling, supervising and monitoring RAP activities with province. - drafting compensation rates (to be applied to PAPs in province) and submitting them to the Project Steering Committee for review and decided by the MOTC, then issued by PPC for application. - drafting and submitting special channel of land use right application and property title issuance for relocated families. - hold regular meetings to assess progress and modify activities whenever needed. - arrange training or workshop for DRC staff on resettlement activities. - prepare professional training schedule for project affected adults with allowable funds allocated for province, particularly in-home manufacturing program for women. 7.2.2 + District Resettlement Committee (DRC) responsibilities: - carrying out DMS, documentation and fulfil survey sheets of compensation (land, property, trees and crop lost) for all identified families (registered before November 1995). - checking and signing on compensation document before forwarding them to PMU-SW. - data base management of PAPs, ... and calculation of compensation amount from official compensation rates issued by PPC. - Apply to PPC for land use right certificates for relocated families (RF.) in locating land plots to them and property titles as well in resettlement sites. - listing all PAPs, RFs and beneficiaries for living, shifting, training within price rates publicised and submitting to PPC for approval. - training resettlement in villages. - scheduling resettlement activities and reporting regularly (monthly, bi- monthly) progress and issues pending to PMU-SW, PRC. 7.2.3 + Village Resettlement Committee (VRC) responsibilities: - arranging meetings with PAPs for publicizing policies of compensation and subsidiaries compensation rates of PPCs; details of every PAP compensated amount for PAPs' consultation. - working with DRC in DMS work and documentation. CHAPTER 7 Page 91 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 7.3 STAFFING OF RESETTLEMENT COMMITTEES. Resettlement Committee at every administrative level (provincial, district and village) will be chaired by the Chairman or Vice-Chairman of respective People's Committee with assistance of secretarial office and permanent and optional members. Head Secretarial office Permanent member Optional member (A) (B) (C) (D) 1) Provincial level: Provincial Resettlement Comnmittee Chairman or Secretary Chief of - Representatives of Provincial Representatives of Vice-Chairman PPC (1 per'n) Departments of Transport (1 per'n) Provincial Departments of of PPC (1 per'n) - Construction (1 per'n) Social Welfare and - Cadastre (1 per'n.) Veterans, investment and .______________ ___ __ ___ __ __ __ ___ __planning, finance. Total (A) + (B) + (C) = 5 persons. 2) District level: District Resettlement Comrnittee Chairman, or Two secretaries of - Representatives of District Offices Representatives of District Vice-Chairman DPC (2 per'n) of Cadastre (1) Offices of Transport (1). of DPC (1 per'n) - Construction (1) Social Welfare and - Finance (1) Veterans (1), Planning (1). - Agriculture (1) - Representative of waterways mang't (1) Total (A) + (B) + (C) = 8 persons. 3) Village level: Village Resettlement Committee Chairman or - Civilian of cadastre (1 per'n). - Women representative of Vice-Chairman - Civilian of Agriculture (1 per'n). PAP (1 per'n). of VPC. (1per'n) - Representative of RAP (1 per'n). CHAPTER 7 Page 92 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEITLEMENT ACTION PLAN 7.4 RESETTLEMENT ORGANIZATION IN GOVERN'MENT and PROJECT LEVELS. - Governmental level: The Project Steering Board will be responsible to: - Coordinate the compensation and resettlement policies between various provinces and PMU-SW for harmonizing practices in different locates. - Petition and waiver suggestions involving Stipulations and Promulgations (to the Prime Minister) which enable the project to progress wherever and as approriate. - Review the resettlement action plan before submitting to the Prime Minister. The Board will be headed by Minister of Transport and Communications (MOTC) or his appointee (Deputy Minister). and members from various ministries: Head Secretarial Office Permanent members Optional members (A) (B) (C) (D) Minister of TC PMU-SW Representatives of: Representative of: delegated by - MPI (1 per'n) - Office of the Govern't Director General (I - MF (1 per'n) - State Bank of Vietnam per'n) - GAC (1 per'n) - Head of involving PRCs. Total (A) + (B) + (C) = 10 persons. - Project level: The Project Resettlement Committee will be selected from PMU-SW staff and composed of Head Secretarial Office Permanent members Optional members (A) (B) (C) (D) Vice-Director 1 secretary - Property Evaluation TF General (1 (data base mang't) (6 per's) (Demarcation, DMS) per'n) - Compensation TF (3 per'n) - Legal & Information TF (2 per's) - Data documentation TF (2 per's) Total (A) + (B) + (C) = 15 persons Notes: - Permanent members, secretariat members and Heads of Committee will be reimbursed month salary of 150, 150 and 100 USD respectively. - Optional members will benefit meeting allowance at 15 USD per diem. - GAC: General Administration of Cadastre. - TF: Task Force. CHA-PTER 7 Page 93 INLAND WATERWAYS AND PORI MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 7.5 AGENCY RESPONSIBLE FOR EXTERNAL MONITORING._ An agency or local expert specialized in social sciences will be contracted by PMU- SW to undertake external monitoring and periodic assessment of resettlement activities. They will issue periodic reports on RAP implementation and make their recommendations concerning issues pending, if any. 7.6 REPORTING. The Project Resettlement Committee shall advise Provincial Resettlement Committees and District RCs during regular meetings. Monthly progress reports to Project Resettlement Committee and Provincial Resettlement Committees will be requested from the Task Forces. The progress reports shall specifically include conventional issues emanating from any aspect of RAP implementation. The Project RCs and the Provincial Resettlement Committees shall address these issues without delay and formulate guidelines for the Task Forces as and where required. The Inland Waterways Project resettlement organigram is shown in Figure 7.1. CHAPTER 7 Page 94 INLAND WATERWAYS AND PORT-MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Figure 7.1: Inland Waterway Project Resettlement Organigram GOVERNMENT Project Steering Committee (PSC) Project Management Unit Provincial Resettlement Provincial People's of Southern Waterways Committee Committee (PMU-SW) (PRC) (PPC) Project Resettlement District Resettlement District People's Committee Committee Committee (PRC) (DRC) (DPC) Task forces: - DM S _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Assets valuation - Public Information campaign Village Resettlement Village People's - Database man.gt Committee Committee (VRC) (VPC) CHAPTER 7 Page 95 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETFLEMENT ACTION PLAN Chapter 8: SCHEDULING 8.1 PREPARATION._ Negotiation and effectiveness of the loan for the Inland Waterways Project will take place in July and August 1997 respectively. Dredging mnight start as early as in November 1997 and will take place at two locations simultaneously (Sa Dec - Lap Vo canal and Xa No canal). 8.2 PHASING. The dredging scenario reads as follows: Contract No.1 Contract No.2 Contract No3 Total (Section A) (Section B, C) (Section D, F) Total 300 000 6 000 000 3 100 000 9 400 000 Year 1 / 1500 000 1 100 000 2 600 000 Year 2 2 000 000 2 000 000 4 000 000 Year 3 300 000 2 500 000 2 800 000 TAble 8.01 - Schedule of dredging Reach/Section of waterway Date Province Remarks Start Finished Section B and C: Sa Dec - Lap Vo - Cai San 01/09/98 01/12/00 Dong Thap - Can Tho - An Contract # 2 Rach Gia - Kien Luong. Giang - Kien Giang. Section D and F: 01/01/98 31/12/99 Can Tho - Kien Giang - Ca Contract # 3 Can Tho - Vi Thanh - Ca Mau. Mau. Section A: 01/01/00 01/04/00 HCMC - Long An - Tien Contract# 1 HCMC - My Tho. Giang. CHAPTER 8 Page 96 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN Table 8.02 - Timing of compensation - Resettlement before Dredging Province/District Year 1 (1997) Year 2 (1998) Year 3 (1999) Year 4 (2000) (affected) 3 4 1 2 3 1 2 l3 4 1 2 3 4 Section B, C, D, F Section B. C: * Dong Thap (TX Sadec-Chau Thanh - Thanh Hung-Lap Vo-Lai Vung) * An Giang (Cai San-TX Long Xuyen) Section D, F: - m - * Can Tho (Thot Not) * Kien Giang (Tan Hiep, Chau Thanh, TX Rach Gia, Hon Dat, TI' Kien Luong). * Ben Tre (Cho Lach) * Vinh Long (Long Ho, Tam Binh, Tra On) * Can Tho (Chau Thanh, Vi Thanh) * Kien Giang (Go Quao-Vinh Thuan) * Ca Mau (Thoi Binh-TX Ca Mau) Section A: . HCMC (District 7, Nha Be) . Long An (Can Giuoc-Vam Co) * Tien Giang (Go Cong-Cho Gao) * Vinh Long (Tam Binh-Tra On) Can Tho (Vi Thanh-Chau Thanh) Notes: Compensation - Resettlement The schedule implies that preparation and implementation of the resettlement work programme is extremely urgent. The PMU-SW will have to start planning for programme implementation immediately after GOV approval of the RAP. The information campaign as described in Chapter (5) should be undertaken not later than September 1997. CHAPTER 8 Page 97 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN As Waterways Project requests proper and adequate resettlement, it is advised that technical assistance be made available on time to assist PMU-SW and provinces in the implementation of the Resettlement Programme. Bilateral donors (trust funds) should be approached to make funds available for this purpose. A sequential activity chart for RAP implementation is shown in Table 8.03. CHAPTER 8 Page 98 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 ]1997 1998 1992 ID Activity Duration Start Finish Charged by 03 Q4 _I Q2Q3 04 01 0 2 Q3 041 Qi Q)Q 4 01 02 1 Part A: PREPARATORY WORKS 88d 11108197 20/11197 2 Steol; 88d 11108197 20111197 3 (i) RAP accomplisment (first 17d 11/08/97 29108/97 PMU-SW - draft) _______~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.. .. 4 (ii) Meeting with 5 provinces to 16d 01/09/97 f8/09/97 PMU-SW discuss compensation policy and institutional set up 5 (iii) Submission to Bank and 14d 01/09/97 16/09/97 PMU-SW GOV. Bank and GOV. issue recommendations- 6 Revise RAP draft 33d 15/09197 22110/97 PMU-SW ..-..... PM U-SW - July 1997 - Page 99 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 1998 1999 2 ID Activity Duration Start Finish Charged by Q3 Q4 QI 02 I3 Q 1 |Q2 3 Q4 1 2 03 Q4 Q1 Q2 7 (iv) Prepare DMS workplan 32d 22/09/97 28/10/97 PMU-SW (DMSNWP) 8 Submission DMSNVP to GOV. 42d 03/10/97 20/11/97 PMU-SW, MOTC for approval. GOVs approval (esp. on institutional aspect, compensation principles and legal framework) compe...nsation... ..... ................. ......... ... . ..p.rinciples...... . ...............................and......L... 9 (v) Printing Project leaflets (PL.) l Od 10/09/97 20/09/97 PMU-SW for public information (6000 . copies) __ . . . . . _ . ..1 ~.. . .. ........... . ..................... ...... ... . 10 Step2: 41d 20/09/97 06/11/97 i .. ... ... ... ... ......... .................... ............ ... ....... . ,,,,,,. .. ;..... ... ..... ... ... I I (i) Prepare training - public 8d 20/09/97 29/09/97 PMU-SW Information - campaign plans. 12 (ii) Meeting with PPCs for 5d 25/10/97 30/10/97 PMU-SW ... organization set-up and personnel appointment ' PMUIJSW - July 1997 - Page 100 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 ]1997 1998 ]1999 2 ID Activity Duration Start Finish Charged by 03Q4 0 02 03 04[01 Q2 Q3 Q41Ql Q2 Q3 0 Qi 2 13 (iii) inform DMSANP, public 5d 25/10/97 30/10/97 PMU-SW campaign to PPC, DPC, VPCs 14 (iv) DMS and RR (rel: and 5d 01/11/97 06/11/97 PMU-SW, BANK rehabilitation) training for district and village resettlement officials and takers 15 Steo3 lOd 07111/97 18/11/97 16 (i) Public information campaign 9d 07/11/97 17/11/97 PPC, DPC, PMU for project implementation notification, distrution of Project leaflet, DMS worksheets to PRCs, DRCs and PAPs for consultations and comments- 17 (ii) ARMS training at provincial 5d 10/il11/97 14/11/97 PMU-SW, BANTK and district levels. 18 (iii) Revise finalizing DMS plan - ld '18/11/97 18/11/197 PMU-SW DMS worksheet. PMU-SW - July 1997 - Page 101 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 1998 1999 2 ID Activity Duration Start Finish Charged by 3 Q4 Q1 Q2 Q3 Q4 Ql 02 03T04 Q Q2 03 |4 01 Q2 19 Part B: PILOT CAMPAIGN 298d 21/04/97 02104198 DMS carrying - out in one pilot section (Can Tho - Ca Mau) ............... . ......... . ........ .. .... . . ...... .... .... _ . .._. ._._ .. 20 Stepl Preparation 9d 22/09/97 01110/97 21 (i) Short-term training to RCs' 9d 22/09/97 01/10/97 PMU-SW, BANK officials 22 (ii) Second public imformation 7d 23/09/97 30/09/97 PRC, DRC, PMU campaign. Distribution of DMS worksheets to PAPs and DRCs, VRCs and new spaper publisized 23 (iii) Meeting between VRCs- 5d 25/09/97 30/09/97 DRC, VRC, PMU DRCs with PAPs on compensation principles, procedures, 24 Step2: WoQEk: 157d 02/10/97 02/04/98 PMU-SW - July 1997 - Page 102 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 f1998 1999 2 ID Activity Duration Start Finish Charged by Q3 04QI3 Q i Q 03 04 0.1 02 03 Ql 02 25 (iv) Demarcation and DMS 14d 02110/97 17110/97 DRCs, VRCs, PMU carrying - out - Data base computerization 26 (v) Calibration of all collected 13d 10/10/97 24/10/97 DRCs, PMU-SW- sheets from pilot DMS 27 (vi) Assessment of pilot DMS 5d 27/10197 31/1i0/97 PMU-SW and draft official compensation policies - directives and pricing 28 (v) PPC issues CPDP for 6d 03/11/97 08/11/97 PPCs provincial compensation3 promulgations 29 (vi) Estimate of compensation 3d 07/11/97 10/11/97 DRCs, PMU-SW amount per PAF, totalisation of I comp. cost per commune, district, province. 30 (vii) Consultation on 7 10/11/97 17/11/97 DRCs, VRCs, PMU compensation amount per PAF. through VRCs and PAFs. Finalisation of compensation document PMU-SW -July 1997 -Page 103 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 1998 | 1999 2 ID Activity Duration Start Finish Charged by Q3 Q4 01. Q2 03 Q4 Q1 02 03 Q4 Q1 02 Q3 Q4 Q1 02 31 (viii) Arrange workshop of 3d 18/11/97 20/11/97 PMU, DRCs,VRCs lessons leared with DRCs, VRCs. 32 (ix) MOTC approval of 9d 20111/97 29/11197 MOTC, PMU-SW compensation document I ... . . .........~....... ............ ... 33 (x) Compensation works 52d 02/02/98 02/04/98 DRCs . . . . . .. . ... ... ....................... 1 ............... I~~~~~~~~~~~~~~~~~~~~~~~~~~~.. .. .. -. . . . . .. .. .. .. .. .. . ... .. . 34 Part C: FOUR - PROVINCE 134d 20/06/98 23/11/98 . . . CAMPAIGN 35 Step1 Second lublic information 13d 20/06/98 04/07/98 campaign in four orovinces . ......................~~~.. .. .. .. .. . .. . .. .. . .. .... ..... ....... . ............ . .. . .. .. .. . .. . .. .. . ......... . . . .. . ., . 36: (i) Short - term training to RC's 4d 20/06/98 24/06/98 PMU-SW, BANK officials PMU-SW - July 1997 - Page 104 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 1998 1999 2 ID Activity Duration Start Finish Charged by 03 10410Ql1 02 Q3 04101 Q2 03 Q4 Ql Q2 03 Q[1 0 37 (ii) Second public information 6d 25106198 01107198 DRG. PMU-SW campaign distribution of DMS worksheets to PAPs, and DRCs - VRCs and newspaper publicized 3i8- (iii) M-eeting b-etween V~RCs - 4d 01/07/98 04/07/98 DRC, PMU, PAPs .... . ..... .......... .......... . DROs with PAPs on compensation principles, procedures, 39 Step2bwods:-t4 118d 10/07/98 24/11198 - 40 (iv) Demarcation and DM5 45d 10/07/98 31/08/98 DORG PMU-SW carrying - out - Data base computerization 41 (v) Calibration of all collected 49d 20/07/98 14/09/98 DRCs, PMU-SW sheets 42 (vi) Assessment of DMS works 10d 21/09/98 01/10/98 PMU-SW, PRCs and draft official compensation policies - directives and pricing (C PDP) pMU-SW - July 1997 - Page 105 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 1998 1999 2 ID Activity Duration Start Finish Charged by 0 4 QI Q2 Q3 Q4 01 Q 03 4 01 2 03 4 01 2 43 (v) PPC issues CPDP for 15d 15/09/98 01/10/95 PPCs provincial compensation promulgations 44 (vi) Estimate of compensation 12d 02/10/98 15/10/98 PRCs, PMU-SW amount per PAF, totalisation of I comp. cost per commune, district, province. 45 (vii) Consultation on 8d 20/10/98 28/10/98 VRCs, PMU, PAPs compensation amount per PAF. through VRCs and PAPs. 46 (viii) Workshop on results of 4d 20/11/98 24/11/98 DRCs, PRCs, PMU compensation works and social fact - findings on relocated PAFs with five provinces. 47. Part D: RESETTLEMENT AND ISOd 02/02198 29108/98 ~. - REHABILITATION 48 (i) Identification of relocated 8d 02/02/98 10/02/98 PMU-SW, DRCs . ... . households PMU rSW - July 1997 - Page 106 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (P MU-SW) RESETTLEMENT WORKPLAN ID ~~~~Activity Duration Start Finish Chargd by ________ 199 { 99 199j 1 49 (ii) Positionning relocation sites 5Id 16/02/98 15/04/98 PRCs, DRCs, PMU and proceed land acquisition procedures with PPCs. 50 - (iii) Resettlement site planning 54d 20/04/98 20/06/98 PRCs, PMU-SW (RSP premilinary) and relocated PAPs consultation. Revise RSP. 5 1 (iv) NGO's consultation on RSP. 18d 25/06/98 15107/98 NGO r.PU-S 52 (v) Revise RSP for submission 36d 20/07/98 29/08/98 PMU-SW to BANK for finalisation. Final RSP and submission RSP to MOTC for approval 53 Part E: COMPENSATION AND 476d 25/09/98 01/04100 RELOCATION 54 STeol1: ComDnsation 84d 25/09/98 31/12/98 PMU-SW - July 1997 - Page 107 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 1997 1998 1999 2 ID Activity Duration Start Finish Charged by Q3 04 Q1 Q2 03 04 Q1 02 03 04 01 Q2 03 QT4 01 2 55 (i) Public information of 18d 25/09/98 15/10/98 DRCs, PMU-SW compensation amount per PAF to villages and communes for PAFs consultation 56 (ii) Finalisation of compensation 18d 10/10/98 30/10/98 PMU-SW document to MOTC for approvalI 57 (iv) Compensation work to PAFs 27d 01/12/98 31/12/98 PRCs, DRCs, PMU and relocated PAFs 58 SteD2: Relocation 397d 25109198 31/12199 59 (i) Infrastructure works in 213d 26/10/98 30/06/99 Contractors relocation sites- 60 (ii) Relocation (relocated people 274d 16/11/98 30/09/99 DRCs, PMU-SW to new sites)- PMU)-SW -July 1997 -Page 108 Project Management Unit Table 8.03 of Southern waterways INLAND WATERWAYS AND PORT MODERNIZATION PROJECT (PMU-SW) RESETTLEMENT WORKPLAN 96 [ 1997 [ 1998 [ 1999 | 2 ID Activity Duration Start Finish Charged by Q3 Q4101 02 03 Q4 Q1 0 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 61 (iii) Grievance solving 397d 25109/98 31112/99 PRCs, DRCs STeD3: R A P ps s m ent and ~ ~~~~~~.,., ........... . . ... .......... .............. . .... ... ...... . ... ..... 62 STep3: RAP assessment and 78d 03/01/00 01104/00 finalisation 63 (i) RAP assessment 27d 03/01100 02/02/00 PRCs, PMU-SW . . - .... 64 (ii) RAP implementation 52d 02/02/00 01/04/00 PRCs, PMU-SW finalisation PMU-SW - July 1997 - Page 109 INLAND WATERWAYS AND PORT MODERNIZATION PROYECT RESETTLEMENT ACTION PLAN Chapter 9: RESETTLEMENT COST 9.1 INTRODUCTIONo The original design of the Inland Waterways Project envisaged a shipping lane width of 30 metres requiring canal widening at specific sections to a maximum of 20 metres. In this scenario the total cost of resettlement amounted to 17.5 mln USD. A modified design w]hich wvas adopted at the Project Definition Workshop on February 6, 1996 reduced the shipping lane width for the Lap Vo Sa Dec, Cai San-Kien Luong waterway to 26 metres and for the Can Tho-Ca Mau waterway to 22 metres. Total resettlement cost related to the modified design amounts to a total of 11.6 min USD including a contingency of 5%. The substantial decrease can be explained by the fact that the number of displaced families is much reduced and that structures near the waterline tend to be of a different type, temporary rather than permanent, to which a lower compensation rate is to be applied. 9.2 UNIT PRICES. A set of unit prices has been calculated on the basis of the highest rates submitted by the provinces in 1995. These rates were subsequently discussed wvith 3 experts from the National Corporation of General ConstrucLion Consultants (NAGECO) of the Ministry of Construction in HCMC and with an expert of the Highway No. 1 project. The average compensation rates for residential land as applied in the RAP for the Inland Waterways Project exceed the rates applied in the Highway No. 1 project. It is emphasized that the estimated cost of resettlement is only tentative at this stage and the compensation rates will be updated to reflect replacement cost at current market prices during the implementation of the RAP. PMIJ-SW will submuit subsequent re(uest to GOV to provide additioiial resources, if required, due to the increased cost of implementation of RAP. 9.3 FLEXIBILITIES._ A degree of flexibility exists in specific budget items. This will allow for adjustment of other budget items, if required. Firstly, compensation for residential land at commercial rates is included in full in the budget. On request of the Project Management the five provinces involved defined compensation rates for rural, sub urban and urban residential land. These rates have been adjusted to correspond with price frames as defined in Decree 87/CP dated 17 August 1994. Furthermore the rates stipulated for the Highway 1 Project were taken as a reference point. Finally the rates have been reviewed with officials of the Ministry of CHAPTER 9 Page 110 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETILEMENT ACTION PLAN Construction and with the advisor to the PMU of the Highway 1 Project. If a land for land policy is applied and suitable govemment land is provided, the cost of land compensation will decrease considerably. Secondly, an amount of 700,000 USD for compensation for loss of agricultural land is included in the budget. Although the losses for the agricultural land are expected to be considerably lower. Thirdly, the budget includes preparation of resettlement plots with adequate physical infrastructure for all 1280 families which will need to be relocated. It may be expected however, that many families, particularly farmers, will request to be compensated in cash and will construct a house on their own land. Further, due to significant modifications in the technical design and the minimum size requirement of remaining land for homestead in urban area to 40 sq.m. as against 60 sq.m. for rural areas will significantly reduce the number of PAPs requiring relocation in urban areas. The budget item for resettlement site preparation is likely to decrease accordingly. Finally, the compensation rate for structures has been set at current market price and is easily acceptable by PAPs and PPCs. 9.4 RESETTLEMENT SITE ACQUISITION._ Circular letter No. 18, June 5, 1992, guides the implementation of Decree 186/HDBT and specifies that projects executed in the national interest qualify for an exemption of 50 perccnt on acquisition of Government land for resettlement. 9.5 CONTINGENCIES. A contingency of oniy 5 percent is added. The contingencies will cover the additimnal expenditures due to the increased cost of compensation at the current market prices and to cover the inflation. Another possible allocation of these funds may include establishment of teams of construction workers assisting families in house construction, and additional strengthening of Provincial and District Planning Departments. CHAPTER 9 Page 111 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.6 UNIT RATES FOR COMPENSATION AND RESETTLEMENT (Table 9.01). Items Unit Unit rate USD (mln VND*) 1. Houses House Category 1 m2 1.00 91 House Category 2 m2 0.90 82 House Category 3 m2 0.88 80 House Category 4 m2 0.55 50 Temporary structures m2 0.33 30 2. Land compensation as 90/CP Agriculture ha 149.6 13 600 Rural homestead ha 495 45 000 Sub urban/Town Homestead ha 1496 136 000 Urban Homestead ha 5000.05 454 550 3. Agricultural products Paddy ha 5.005 455 Beans ha 6.006 546 Maize ha 6.006 546 Sugarcane ha 10.021 911 Groundnut ha 7.018 638 Banana ha 12.10 1100 Maize, Potatoes, Pineapple ha 20.90 1 900 Nipa Palm m2 0.00154 014 Eucalyptus ha 30.800 2 800 (per ha if tree lower than 3m) or per tree (>3m high) tree 0.044 4 Bamboo (0 <3cm) (Phyllostachys) ha 1.991 181 (0>3cm) ha 7.997 727 4. Fruit tree Coconut tree 0.242 22 Mango tree 0.396 36 Orange/Mandarin tree 0.088 8 Longan tree 0.220 20 Sapuche tree 0.246 24 Fish pond ha 4.400 400 * Low valuable fruit trees ha 19.91 1810 * Vegetables ha 9.999 909 5. Food support (6 months) HH 0.33 30 6. Training HH 1.11 100 7. Shifting cost HH 0.44 40 USD I = VND I 1 000 CHAPTER 9 Page 112 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.7 RESETTLEMENT COST._ (Table 9.02)._ Items Unit Quantity Unit Price Cost (USD) (USD) A COMPENSATION 1. Houses - structures: * Houses: Category 2, 3 sqm 14 514 (aver.) 80 1161 120 Category4 sqm 29627 50 1481 350 Temporary sqm 57 221 30 1716 630 * Structures (on land and aquatic) 230 750 2. Lands * Agricultural land (for widening sqm 500 000 1.4 700 000 * and smoothening of canal bends) * Rural homestead sqm 254 116 4.5 1143 522 * Sub-urban homestead sqm 29 466 13.6 400 737 * Urban homestead sqm 35 742 45.5 1 626 261 3. Crops, Trees - On land required for spoil deposit .......... ............. . .................... 734 766 - On land affected by canal widening, ......... .............................. .................... 87 234 bend-cut, reorganized 4. Resettlement site acquisition sqm 50sqmn 1280 (a) 1.4 89 600 Sub-total (A): 9 371 970 B. REHABILITATION MEASURES 5. Resettlement site preparation PAP 1 280 770.1 985 750 6. Subsistence (6 months) PAP 1 280 180 230 400 (3 months) PAP 1 600 90 144000 7. Shifting PAP 1 280 40 51 200 8. Training HH 800 100 0 000 Special rehabilitation measures for relocating PAPs: 9. Agricultural expansion as3istance PAP 280 50 14 000 10. Business income loss: - PAPs reorganized or allocated land. PAP 280 100 28 000 - PAPs without adequate remaining PAP 560 400 224 000 land nor RS plot. Sub-total (B): 1 757 350 C. MONITORING .......... . .................. .......... ........................... ..................... 114 500 D. MANAGEMENT . ........................... ......... .............................. .................... 122 600 Total (A) +...+ (D) .............................. ........................................ .... . . .............. 11 366 420 Notes: (a) Minimum homestead size is 60 sq.m in urban area and 40 sq.m in rural area. This cost estimate uses average size of homestead land of 50 sq.m per HH. (b) All the houses along two main waterways in the MeKong Delta within widening areas are likely categories 2,3,4 and temporary houses (in majority). In cencus Nov. 1995 (by NEDECO - RAPs statistics), the house categories (1,2,3) do not reflect truly actual condition of housing buildings. So the above cost estimates had been revised with true categories specified by Decree 61/CP dated July 5 - 1994. (c) Total (A)+ ....+(D) are not included contigencies. CHAPTER 9 Page 113 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.8 RESETTLEMENT COST PER FISCAL YEAR._ (Table 9.03)._ (USD) Items Year 1 Year 2 Year 3 Year 4 Total 1997 1998 1999 2000 A COMPENSATION 1. Houses - structures: * Houses: Category2,3 - 43 352 727 600 390 168 1161 120 Category4 - 159260 685050. 637040 1 481 350 Temporary - 297 792 972 150 446 688 1 716 630 * Structures (on land and aquatic) - 139 841 90 909 - 230 750 2. Lands * Agricultural land (for widening - 150 000 300 000 250 000 700 000 * and smoothening of canal bends) * Rural homestead - 299 926 393 705 449 891 1143 522 * Sub-urban homestead - 50 010 100 000 250 727 400 737- * Urbanhomestead - 200000 716261 710000 1 626261 3. Crops, Trees - 205 650 363 636 252 714 822 000 4. Resettlement site acquisition - 53 620 35 980 - 89 600 Sub-total (A): / 1 599 451 4 385 291 3 387 228 9 371 970 B. REHABILITATION MEASURES 5. Resettlement site preparation: * Works 136 364 219 000 579 036 - 934 400 * Others 27 273 24 077 - 51 350 6. Subsistence (6 months) - 54 000 83 880 92 520 230 400 (3months) - 20 000 70 000 54 000 144 000 7. Shifting - 12 000 18 640 20 560 51 200 8.Training - 25 000 25 000 30 000 80 000 Special rehabilitation measures for relocating PAPs: 9. Agricultural expansion assistance - 4 000 5 000 5 000 14 000 10. Business income loss: - PAPs reorganized or allocated land. - 8 000 10 000 10 000 28 000 - PAPs without adequate remaining - 24 000 100 000 100 000 224 000 land nor RS plot. Sub-total (B) 163 637 390 077 891 556 312 080 1 757 350 C. MONITORING 3 000 28 500 41 500 41 500 114 500 D.MANAGEMENT 30 000 33 600 36 400 22 600 122 600 Total (A) +...+ (D) .196 637 2 051 628 5 354 747 3 763 408 11 366 420 CHAPTER 9 Page 114 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.9 MONITORING COST._ (Table 9.04)._ (USD) 1997 1998 1999 2000 Total Headquaters: Management 1000 5 000 10 000 10 000 26 000 Administration - 2 500 5 000 5 000 12 500 Equipment - 2 000 - - 2 000 Transport/per diem - 2000 4500 4500 11 000 Field staff: Permanent staff - 3 000 18 000 18 000 39 000 Transport2 - 13 000 1 000 1 000 15 000 Surveys 2 000 1000 3 000 3 000 9 000 Total 3000 28 500 41 500 41 500 114 500 Purchase of I PC 2 Purchase of motorcycles and running cost CHAPTER 9 Page 115 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.10 MANAGEMENT COST._ (Table 9.05)._ (USD) 1997 1998 1999 2000 Total Resettlement Board: Per diem/meeting 3 1 000 1 800 3 600 3 600 10 000 Administration 1 000 3 000 5 000 6 000 15 000 Planning: Provinces4 1 500 3 000 5 000 3 000 12 500 Districts 1 500 3 000 6 000 4 000 14 500 Task forces: Trainning 5 ('00 4 000 3 000 - 12 000 Implementation 3 20 000 18 800 13 800 6 000 58 600 Total 30 000 33 600 36 400 22 600 122 600 3Per diem of 15 USD (per person per meeting) 4 Provincial and district administrations receive 100 USD fer resettlement planning staff/month 515 USD per taskforce member per day CHAPTER 9 Page 116 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.11 A COMPARISON: SELECTED COMPENSATION RATES (1000 VND/M 2)._ 1994 61/CP 90/CP Dai Ninh Highway I Provinces IWP Provinces power project 1996 VND USD Houses: House Ist ......................... .................... ...... 1000 ....... ....................... . . ...................... .................... .................... 1....... 0 ......0.. ......... 91 House 2nd .................00.......25 900 ......................... .............. . . ..... .................... ...900 ...........I..... ...... 900 .. . ........ 82 House 3rd .................1000-2000 450 ........................ ....... 600 .... ....... 880 ...... ..................... ....... 30 80 House 4th .................700-1200 300 ........................ 500 ................ .................. 880 80 TitleToile .................250-700 .......... ......... ........................ 400 770 400 880 50 Thatch .................100-300 ........./ ......... ........................ 100-250 330 100 550 30 .__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 33 0 80/CP Residential land: Rural .7-50 0.2-2.2 0.2-38.6 ............... ... ............... I ... 30 50 4.5 Suburban/town ................. 42-600 42-1500 ..................I.... 73 40-60 150 13.6 Urban .................380-500 200-4600 200-11500 ...................... .................... ................... 500 45.5 Land: Agricultural land 3.8-5 0.1-1.1 0.9-16 .................. . ... ............ 10-15 15.4 1.4 (IWP: Inland Waterway Project) CHAPTER 9 Page 117 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.12 CLASSIFICATION OF STRUCTURES._ CLASSIFICATION OF STRUSTURES ACCORDING TO CIRCULAR 05/BXDTT Criteria used for classification of structures Category l Category 2 Catergory 3 Catergory 4 Level of High comfort level: Medium comfort Average level of Low comfort level, comfort bedroonms, kitchen, level kitchen and comfort, toilet 1 or 2 room, toilet private toilet on the private toilet on the could be shared and kitchen shared same floor same floor and on different floor Quality of Ifigh quality of Medium quality, Average quality of Low quality materials materials, materials, some materials materials decoration decoration Utilities High level of Medium level of Average quality of Low quality of utilities (electricity, utilities equipment for equipment water water supply) electricity and supply is shared I water supply DD] Below these categones are temporary structures. These structures do not meet the minimum requirements for comfort level, quality of materials and utilities. Kitchen and toilets are built by temporary and inflammable materials. CHAPTER 9 Page 118 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 9.12 CLASSIFICATION OF STRUCTURES._ CLASSIFICATION OF STRUSTURES ACCORDING TO CIRCULAR 05/BXDTT Criteria used for classification of structures Category 1 Category 2 Catergory 3 Catergory 4 Level of High comfort level: Medium comfort Average level of Lowv comfort level, comfort bcdroomsr kitchen., level kitchen and comfort, toilet I or 2 room. toilet prji%ate toilet on the privatc toilet on thc coulci be shal-ed ati i:ilcteh shared same floor same floor and on different . _________________ floor Quality of High quality of Medium quality, Average quality of Low quality materials materials, materials, some materials materials decoration decoration Utilities High level of Medium level of Average quality of Low quality of utilities (electricity, utilities equipment for equipment water water supply) electricity and supply is shared I __ water supply_ Below these categories are temporary structures. These structures do nc. meet the minimum requiremcnts foa- comfort level, quality of materials and tttilitics Kitchen and toilets are built by temporary and inflammable materials. CHAPTER 9 Page 119 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETFLEMENT ACTION PLAN Chapter 10: MONITORING Regular monitoring of the implementation of the RAP will be conducted both by PMU-SW as well as by an independent external monitoring agency. 10.1 INTERNAL MONITORING. PMU-SW will be solely responsible for internal monitoring of all aspects of the implementation of the Resettlement Action Plan. 10.1.1 Monitoring Indicators PMU-SW will monitor the following main indicators regularly: 1. Payment of compensation to the affected people in the various categories according to the level of compensation described in the RAP, 2. Implementation of public information and consultation procedures as explained in Section of the RAP, 3. Grievance procedures, 4. Resettlement site location, design, plot allocation and site construction, 5. Distribution of building material, house construction, technical assistance, removal to new site, payment of subsistence and shifting allowance as described in the RAP, 6. Restoration of public facilities and infrastructure affected by the Project, 7. Job creation (number of persons who need job provision, by district, and the number of persons who have found a job), 8. Provision of training and credit facilities to PAPs entitled for such rehabilitation assistance, 9. The linkage of resettlement and commencement of civil works. 10.1.2 Staff for conducting internal monitoring: The staff of the local PMU-SW unit will be responsible for internal monitoring activities. They will collect information every 2 months from the PRCs and DRCs. Based on this data collection, a data base of resettlement monitoring information in PMU-SW will be maintained. The data base will be successively updated every quarterly. 10.1.3 Reporting on monitoring: PMU-SW will submit to the Bank a monitoring report on the progress of implementation of the RAP every three months. CHAPTER 10 Page 120 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 10.2 EXTERNAL MONITORING._ In accordance with World Bank requirements, the PMU-SW will seek to engage an independent body for the monitoring of implementation of the Resettlement Action Plan. The Monitoring Agency (MA) may involve itself in all aspects of RAP implementation and shall have access to all organizations involved and all project documentation. The MA shall be engaged as soon as possible after GOV. approval of the RAP. Its major responsibilities include: - executing surveys to assess pre-relocation standard of living and education and skill level; - review of detailed resettlement plans presented by provinces; - review of implementation schedules and preparatory time given to PAP; - assessment of adherence to GOV. and World Bank Policies for resettlement; - review of adequacy of grievance redressal procedures; - inspection of proposed resettlement sites and the completeness of infrastructure; - review of standard of living of relocated PAP. The MA will undertake field inspections before, during and after actual resettlement. Field staff of the MA shall be stationed on a continuous basis at the provincial and district level. The PMU-SW shall request a workplan and cost estimate from the selected MA. The workplan will not in any way limit the scope of work of the MA but will be the basis of the contract to be concluded between PMU-SW and MA. 10.2.1 Selection of Monitoring Agency: Discussions have taken place with various university and private institutes regarding the choice of the MA responsible for monitoring. In addition a visit was made to the NGO information centre in Ha Noi. Subject to GOV. approval and World Bank agreement it is suggested that the task of monitoring be entrusted to the Social Development Research Consultancy in HCMC. Preliminary discussions have taken place with Ms. Nguyen Thi Oanh, Chair person of SDRC's Advisory Board and with Mr. Pham Dinh Thai, Manager. PMU-SW has accepted the candidacy of SDRC in principle and will enter into further discussions with this organization. SDRC is involved in training, evaluation and monitoring. 10.2.2 Monitoring and evaluation indicators: The following indicators will be monitored and evaluated regularly by the selected MA: a) Payment of compensation (i) full payment to be made to all affected persons sufficiently before land acquisition; adequacy of payment to replace the affected assets; CHAPTER 10 Page 121 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN (ii) the compensation for affected structures should be equivalent to the replacement cost of materials and labor based on standards and special features of construction and no deduction made for depreciation or value of salvageable materials; (iii) compensation for public facilities and restoration of public facilities if required. b) Linkage to resettlement and construction (i) the completion of land acquisition and resettlement activities on a section of the canal should be completed at least one month before the start of physical works. c) Restoration of public infrastructure (i) all necessary infrastructure (water supply, drainage system, electricity, roads) should be restored at the resettlement site or at the site of relocation at least up to a standard equal to the standard at the original location; (ii) the compensation for all infrastructure should be sufficient to reconstruct it to the quality at least equivalent to that at the previous location. d) Provision of resettlement site (i) affected people who are entitled to be relocated to a resettlement site and who opt for relocation to a resettlement site, should be consulted about the location of the site; (ii? site location, site design, infrastructure, and plot allocation should enable affected people to restore living standards; (iii) the affected persons should receive on time their entitlements for moving allowance and subsistence allowance; (iv) affected people who are to relocate to a resettlement site to begin constructing their houses at least three months before the commencement of civil works on the section or sub-section of the canal. e) Structure construction (i) the timing of house construction should be monitored to determine length of construction period; (ii) the quality of house construction should be monitored to determine whether a (iii) temporary or permanent structure is built; (iv) delivery, distribution and use of construction materials should be monitored. (v) adequate and timely provision of technical assistance for house construction to affected people w hoare rebuilding their structures on their remaining land or on newly assigned plots. f) Provision of jobs (i) persons who are entitled to job placement should be provided jobs within 2 months of the date of land acquisition. g) Provision of training and availability of credit assistance (i) training should be provided for one member of each eligible affected family who will be relocated, if the family chooses to opt for training; (ii) the kind of training will depend on the preference of the affected person and the availability of a training course; CHAPTER 10 Page 122 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETITLEMENT ACTION PLAN . (iii) the option of post-training credit assistance should be provided to the affected person, on the basis of low-interest rates, and credit eligibility for otherwise ineligible groups such as women and low-income earners; (iv) training should be provided within three months of the date of relocation. h) Restoration of economic activities (i) affected persons should be monitored for restoration of productive activities. i) Public consultation (i) affected persons should be informed and consulted about resettlement activities, such as resettlement site design, location and plot allocation; (ii) 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. j) Level of satisfaction (i) the level of satisfaction of affected persons with various aspects of the RAP will be monitored and recorded; (ii) the operation of the mechanisms of grievance redressal and the speed of redressal of grievances will be monitored. k) Standard of living (i) Throughout the implementation process, the trends of living standards will be observed and the potential problems in the restoration of living standards will be identified and reported. I) Awareness of compensation policy (i) public awareness of the compensation policy and their entitlements among the PAPs will be assessed; (ii) assessment of awareness of various options available to PAPs as provided for in the RAPs. 10.2.3 Follow-up Socio-Economic Survey: Nine months to one year after the end of resettlement activities, the MA should conduct a follow-up socio-economic survey to determine the impact of the project on income levels and living standards of the affected people. This survey will be conducted following the same methodology as the DMS. 10.2.4 Monitoring methodology: Data sources The information will be checked from 3 sources: * PMU-SW Resettlement Unit. * Local Commune, District and Provincial Resettlement Committees. Affected persons Sample To verify the quantitative aspects of implementation, sample surveys of various types of impacts will be conducted based on the internal monitoring reports submitted by CHAPTER 10 Page 123 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN PMT-SW. A stratified sample will be taken of 10% of the target group for each category, such as tenants or workers. While making quantitative assessments of resettlement activities, 100% of districts and 10% of the affected reorganized households will be contacted; and 100% of affected persons at 100% of resettlement sites. Data collection methods * Data and information will be gathered through. * Questionnaires, to be personally administered. * Direct interviews with affected households. * Specific focus group interviews aimed at identifying the specific problem issues related to groups such as self-employed persons with businesses, farmers, workers * Affected by loss of job, tenants affected by loss of place of residence, women heads of households, etc. * Community meetings to discuss problem issues and identify solutions. Data analysis Data and information collected will be analyzed by affected area, resettlement sites, levels of compensation, timing of impact, type of impact, etc. Data base storage The Monitoring Team will maintain a data base of resettlement monitoring information that will be updated every two months. It will contain certain 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 to PMU-SW. 10.2.5 Reporting: Monitoring reporting A progress report should be prepared and submitted to PMU-SW by the last day of every other month, to be attached as an annex to the PMU-SW Progress Report to the World Bank every three months. The report should contain: (i) a report of progress of IWW resettlement implementation; (ii) deviations, if any, from the provisions and principles of the RAP; (iii) iqentification of problem issues and recommended solutions, so that PMU-SW is informed about the ongoing situation, and can resolve problems in a timely manner; and (iv) report progress on the follow-up of problems and issues identified in the previous report. Follow-up to monitoring reports The monitoring reports will be discussed during a meeting between the Monitoring Team and PMU-SW held immediately after the submission of the report. Necessary follow-up action will be taken based on the problems and issues identified during reports and follow-up discussions. CHAPTER 10 Page 124 ANNEX 1 RAP Statistics ANNEX 1 - RAP STATISTICS CONTENTS Paqe 1.1 Overview of PAF per village and number of displaced families 1.1 1.2 Holdings recorded 1.3 1.3 Location of houses vis-a-vis waterline 1.5 1.4 Occupation of head of households per village 1.7 1.5 Holdings and losses for structures and homesteads 1.8 1.1 ANNEX I RAP STATISTICS 1.1 Overview of PAYz per villa2e and number of displaced families I _ _ _ ____ _ _ I _I NEDECO _ . . .______ INLAND WATERWAYS PROJECT: RELOCATED & COMPENSATED HOUSEHOLDS !an PhuHoa HT9Altemative I Altem tive 2 LOCATION AFF. REL COMP. RrEL COMP. DISTRICT iVLAE HAMLET ## # Than no Thanh Qung JH an Dong 136 77 59 4 132 Thanh Hung Vnh Thanh Hoa Thuan 98 43 55 40 9 89 Thanh Hung BlThanh TQung Tan An 146 71 75 4 142 Thanh Hung BlThanh Trung Binh Hiep 85 32 53 1 84 TX L/Xuyen My Thanh Thoi Thanh 100 100 100 T hoai Son Phu Hoa Hoa Tay B 107 58 49 18 89 Thot Not IT,anhQuoi A QuiLong - 104 43 G5 41 106 Thot Not Thanh Quoi TLam-Quoi n .95 55 40 6 89 Thot Not lThanh Quoi n Qui Lan 1 i 2 82 570 17 13 Thot Not Thanh Quoi Qui Lan 4 97 54 43 9[ Thot Not Thanh Quoi Qui Lan 2 17 8 9 21 15 Thot Not JThanh Quoie Ta nTan1 4838 40 78 I.~ ~ ._ ._ __ Thot Not Thanh An Phung Thanh 123 25 98 8 115 T'hot Not IThanh An Phung Quoi 63 1 0 53 1 62 Tan Hiep |Tan Hiep B oTan An 125 71 54 26 99 Thot Not Thanh Thang |Phung Quoi 92 33 59 61 86 Tan Hiep Tan Hiep B Tan Phu 89 54 35 231 66 Tan Hiep Tan HiepA Tan Quoi 217 881 129 411 176 Tan Hiep ITan Hiep A Tan Thanh 162 401 122 141 148 Chau Thanh Mong Tho A Hoa Binh 136 62| 74 174 119 Hon Da lBn o a ga 04 64 Hon Dat BonhKSon KnhSo 8 67 6 61 21 65 Hon Dat |TT Hon Dat Cham Sao 54 3 51 I 53 Hon Dat ITT Hon Dat I Dau Voi 77 1 2 65 31 74 Hon Dat ITT Hon Dat |Su Nam 61 11 60 j 61 Hon D t Binh Son |Binh Thuan 97 14| 83 141 83 Hon Dat gBinh Son |Tam N`gan I10 41 6 41 6 Hon Dat |Binh Son |Kinh Tu 26 21 24 21 24 Hon Dat Binh Son Kinh 9 43 4 39 31 40 Hon Dat Binh Son lRanh Hat 18 | 18 1 18 Ha Tien !TT Kien Luong Lung Lon 20 3 17 31 17 1.2 Ha Tien !TT Kien Luong Nga 3 101 481 53 42; 59 Ha Tien ,Hoa Dien iKenh 1 14 12 2 12 2 Ha Tien ITT Kien Luong Lo Bom 31 121 19 101 21 SUB TOTAL: 19 121 '49B96 52 Chau Thanh JTan Hoa 38 65 231 42 20 45 Chau Thanh ITan Hoa 12B 87 36 51 31 56 ViThanh Vi Thanh 9A 85 41 44 32 53 Vi Thanh Vi Thanh 9B 29 18 11 15 14 Vi Thanh Vi Thanh 17A 55 40 15 37 18 Vi Thanh Vi Dong 7 43 31 12 29 14 Vi Thanh Vi Dong 6 53 321 21 29 24 ViThanh ViDong 2 101 651 36 54 47 Vi Thanh TT Vi Thanh |1 20 14 6 1i1 9 Vi Thanh TT Vi Thanh 12 149 127 22 1241 25 Vi Thanh jHoa Luu !My 1 71 58 13 56E 15 ViThanh |ViTan 3 24 20 4 141 1 0 Vi Thanh |Vi Tan 12 17 12 5 8 9 ViThanh lViTan |1 27 12 15 ___ 22 GoQuao |VnhPhuoc jPhuocLoi 133 161 117 161 117 GoQ uao Phuoc.. __.._____ 133 16' 1 1 TREM CANH DEN Vinh Thuan IV/Binh Nam |Binh Phong 168 35 133 231 145 VinhThuan |VinhThuan |Vinh Loc 166 44 122 341 132 Vinh Thuan IVinh Thuan iVinh Trinh 226 117 109 1131 113 Thoi Binh Tri Phai 16 120 91 29 6111 59 Thoi Binh Th Phai 3 116 76 40 531 63 Thoi Binh Tri Phai 1 110 761 34 581 52 Thoi Binh TT ThoiBinh 16 33 20 13 191 14 Thhoi Binh Ti Binh 14 97 181 79 91 88 Thoi Binh Thoi Binh ,5 60 341 26 251 35 TXCaMau IPs K5 63 18, 45 7 56 GRAND TOTAL 59 2239 272 7 3,7- 11. 1 .2 HoIdings recorded Lcx ..i-a v : .......... < . >- .. . _ 6 42 TX Long Xuyen My Thanh ThoiThanh 6 ThoaiSon Phu Hoa Hoa Tay B 8 18 851,912 . ' ' .. , ,,- -. ;. -, h .' ~......, . ... , ., ... .. . Chau Thanh Tan Hoa 2B 4,593 54,000 1 13 429,345 Chau Thanh Tan Hoa 3B 5,262 61,254 7 49 255,566 Thot Not Thanh An Phung Quoi 281 466,930 39 470,740 Thot Not Thanh An Phung Thanh 941 1,215,667 66 1,662,307 Thot Not Thanh Quoi Lam Quoi 1 9 960,822 That Not Thanh Quoi . Qui LarnA 3,029 1,285,886 ^ 71 1,499,5.6 Thot Not Thanh Quoi Qui Lan 2 160,482 That Not Thanh Quoi Qui Lan 3 88 52,300 1 488,314 Thot Not Thanh Quoi Qui Lan 4 570,747 11 715,651 Thot Not Thanh Quoi QuiLong 8 783,973 Thot Not Thanh Thang Phung Quoi 240 253,002 42 258,000 Vi Thanh Hoa Luu My 1 350 26,200 45,000 ViThanh TTT ViThanh 1 14 80 11,000 Vi Thanh TT Vi Thanh 2 104 9,007 3 49,500 ViThanh Vi Cong 2 1,581 15,000 27 354,990 Vi Thanh ViDong 6 6,389 13,520 7 280,987 ViThanh ViDong 7 - 429 14,000 5 226,500 ViThanh Vi Tan 1 838 23,779 2 46,958 ViThanh ViTan 2 5 19,960 ViThanh Vi Tan 3 37,787 ViThanh ViThanh 7A 91 3,540 5 169,200 ViThanh ViThanh 9A 1,560 45,500 1 39 639,100 ViThanh ViThanh 9B 184 20,510 4 200,120 Sub Total 25,979 -4130,922 1i3- ::-: 9iBS8 Thanh Hung B/Thanh Trung Binh Hiep 838 415,019 12 815,474 Thanh Hung B/Thanh Trung Tan An 1,677 454,445 20 1,094,203 Thanh Hung Long Hung B HlThanh Dong 2,853 497,929 3 754,199 Thanh Hung Vinh Thanh Hoa Thuan 572 509,650 2 461,586 Sub Total .5940- 1,877,043 37 3,125,462 1 .4 Chau Thanh Mong Tho A Hoa Binh 1,731,500 1,874,500 Go Quao Vinh Phuoc Phuoc Loi 2.060 1,284,411 6 2 1,442,992 Ha Tien TT Kien Luong Lo Bom 2,897 49 98,000 Ha Tien TT Kien Luong Lung Lon 2,925 8 267,054 Ha Tien TT Kien Luong Nga 3 1,694 16,300 74 467,525 Hon Dat Binh Son Binh Thuan 2,428 80 96 561,000 Hon Dat Binh Son Kinh 9 310 30 452,000 Hon Dat Binh Son Kinh Tu 361 1 34 73,000 Hon Dat Binh Son Ranh Hat 297 15 75,000 Hon Dat Binh Son Tam Ngan 45 2 34,000 Hon Oat Son Kien So 8 322 869,250 6 858,400 Hon Dat TT Hon Dat Cham Sao 115 1,141,503 1 5 1,052,300 Hon Dat TT Hon Dat Dau Voi 35 761,000 1 771,520 Hon Dat TT Hon Dat . Su Nam 191 425,220 458,500 Tan Hiep Tan Hiep A Tan Quoi 972 10 1 357 1,397,292 Tan Hiep Tan Hiep A -Tan Thanh 1,172 1,180, 231 1,401,597 Tan Hiep Tan Hiep B Tan An 639 864,985 3 923,885 Tan Hiep Tan Hiep B Tan Phu 380 336,200.. 52 394,200 Vinh Tiuan Vinh Binh Nam Binh Phong 11,372 167,818 5 47 1,231,824 iuhThuan Vinh Thuan Vinh Loc - 272,000 1 1,137,800 Viih Thuan Vinh Thuan Vinh Trinh 11 86,005 14 1,163,900 TX Ca Mau P.8 ; K5 257 14 1 11 577,367 Thoi Binh TT Thoi Binh 6 127 1,060 46,000 Thoi Binh Thoi Binh 4 1,245 5,424 7 1,072,200 Thoi Binh Thoi Binh 5 2,713 144,904 2 1,140,247 Thoi Binh Thi Phai 1 396 348,421 21 1,421,101 Thoi Binh Tri Phai 3 1,231 289,280 1,495,610 Thoi Binh Tri Phai 6 820 262,810 13 1,150,465 Grand Total 66,942 15,017,340 87 1,476 36,844,896 1.5 .3 Location of houses vis-a-vis wateriDne Locab'on Affect Above Near 1:, 5-z > Families Canal Canal 5 m loin 10m Lap Vo Sa Dec Dong Thap Thanh Hung Long Hung B Hung Thanh Dong 136 3 15 12 24 82 Dong Thap Thanh Hung Vinh Thanh Hoa Thuan 98 3 12 5 25 53 Dong Thap Thanh Hung Binh Thanh Trung Tan An 146 0 7 5 43 91 Dong Thap Thanh Hung Binh Thanh Trung Binh Hiep 85 1 10 1 6 67 Rach Sol An Giang TX Long Xuyen My Thanh Thoi Thanh 100 68 16 16 0 0 An Giang ThoaiSon Phu Hoa Hoa Tay B 107 1 22 10 12 62 Can Tho Thot Not Thanh Quoi Qui Long 104 a 25 4 13 62 Can Tho Thot Not Thanh Quoi Lam Quoi 1 95 '0 3 9 15 68 Can Tho Thot Not Thanh Quoi Qui Lan 1 152 1 27 19 22 83 Can Tho Thot Not Thanh Quoi Qui Lan 4 97 0 13 15 16 53 Can Tho Thot Not Thanh Quoi Qui Lan 2 17 1 2 3 5 6 Can Tho Thot Not Thanh Quoi Qui Lan 3 78 1 8 11 4 54 Can Tho Thot Not Thanh An Phung Thanh 123 0 15 1 6 101 Can'Tho Thot Not Thanh An Ph'ing Quoi 63 0 9 6 13 35 Kien Giang Tan Hiep Tan Hiep B Tan An 125 2 36 2 3 82 Can Tho Thot Not Thanh Thang Phung Quoi 92 9 10 6 44 23 Kien Giang Tan Hiep Tan Hiep B Tan Phu 89 1 27 0 f 60 KienGiang TanHiep TanHiepA TanQuoi 217 38 11 16 81 71 Kian Giang Tarn Hiep Tan Hiep A Tan Thanh 162 4 8 4 491 97 Kien Giang Chau Thanh Mong Tho.A Hoa Binh 136 17 13 2 241 80. -'IJ, 1M3t245 '308Z7 Rach Gia KL Ken Giang *Hon Dat Son Kien So 8 67 0 17 4 17 29 Kien Giang Hon Dat TT Hon Dat Cham Sao 54 0 12 2 10 30 Kien Giang Hon Dat TT Hon Dat Dau Voi 77 0 11 18 15 33 Kien Giang Hon Dat TTHonDat Su Nam 61 0 54 0 0 7 Kien Giang Hon Dat Binh Son Binh Thuan 97 0 2 12 21 62 Kien Giang Hon Dat Binh Son Tam Ngan 10 0 1 2 3 4 Kien Giang Hon Dat Binh Son Kinh Tu 26 0 1 3 5 17 Kien Giang Hon Dat Binh Son Kinh 9 43 2 7 10 8 16 Kien Giang Hon Dat Binh Son Ranh Hat 18 0 0 2 13 3 Kien Giang Ha lien TT Kien Luong Lung Lon 20 0 0 3 6 11 Ken Giang Ha Tien TT Kien Luong Nga 3 101 3 22 24 17 35 Kien Giang Ha Tien HoaDien Kenh 1 14 3 2 2 6 1 Kien Giang Ha Tien TT Kien Luong Lo Bom 31 0 3 14 6 8 :6,'19 -:,-.8 ",132- - 96 -'27 -.256 Xa No CanTho ChauThanh Tan Hoa 3B 65 10 23 10 11 11 Can Tho ChauThanh Tan Hoa 2B 87 3 50 20 5 9 Can Tho Vi Thanh ViThanh 9A 85 4 24 17 13 27 Can Tho ViThanh V Thanh 9B 29 0 8 12 6 3 Can Tho ViThanh Vi Thanh 7A 55 1 14 32 7 1 Can Tho V' Thanh Vi Dong 7 43 0 17 22 4 0 Can Tho Vi Thanh Vi Dong 6 53 0 23 15 S 10 Can Tho ViThanh ViDong 2 101 2 25 39 29 6 Can Tho ViThanh TTViThanh 1 20 3 5 3 6 3 1.6 Can Tho Vi Thanh TTVi Thanh 2 149 13 90 22 21 3 CanTho V Thanh Hoa Luu My 1 71 3 63 1 3 t Can Tho V Thanh Vi Tan 3 24 1 7 10 2 4 Can Tho Vi Thanh Vi Tan 2 17 0 6 8 1 2 CanTho ViThanh ViTan 1 27 2 7 2 2 14 _~~ _ _ .-~ITT Tat Cay Tram Kien Giang Go Quao Vlnh Phuoc Phuoc Loi 133 0 125 0 3 5 Trem Canh Den Kien Giang Vinh Thuan Vinh Binh Nam Binh Phong 168 37 46 18 17 50 Kien Giang Vinh Thuan Vinh Thuan Vinh Loc 166 21 105 26 12 2 Kien Giang Vinh Thuan Vinh Thuan Vlnh Trinh 226 50 107 31 23 15 Minh Hai Thoi Binh Tri Phai 6 120 25 26 1 13 55 Minh Hai Thoi Binh Tri Phai 3 116 12 4 1 23 76 Minh Hai Thoi Binh Tn Phai 1 110 13 10 2 28 57 Minh Hai Thoi Binh TTThoi Binh 6 33 17 6 0 0 10 Minh Hai T;;oi Binh Thoi Binh 4 97 2 27 *1 14 53 Minh Hai Thoi Binh Thoi Binh 5 60 2 2 0 18 38 Tat Thu GlHao Minh Hai TX Ca Mau P.8 K5 63 6 6 5 24 22 Grand Total14 41 ._63 7 1 .4 Occupation of head of households per village Unit: Percent (%) Location Farmer Seller Others Total An Giang Thoai Son Phu Hoa 83.3 1687 100.0 An Giang TX Long Xuyen My Thanh 6.3 18.8 75.0 100.0 . sR~~~. . .R... .... Can Tho Chau Thanh Tan Hoa 46.7 17.8 35.6 100.0 Can Tho Thot Not Thanh An 79.4. 20.6 100.0 Can Tho Thot Not Thanh Quoi 70.6 0.6 28.8 100.0 Can Tho Thot Not Thanb Thang 38.1 9.5 52.4 100.0 Can Tho Vi Thanh Hoa Luu 58.8 41.2 100.0 Can Tho Vi Thanh TT Vi Thanh 2.0 51.0 46.9 100.0 Can Tho Vi Thanh Vi Dong 60.3 15.5 24.1 100.0 Can Tho Vi Thanh Vi Tan 4.8 23.8 71.4 100.0 Can Tho Vi Thanh Vi Thanh 76.0 6.0 -18.0 100.0 Dong Thap Thanh Hung Binh Thanh Tr-;,na 93.3 6.7 .100.0 Dor~g Thap Thanh Hung Long Hung B 79.1 9.3 11.6 100.0 Dong Thap Thanh Hui.g Vinh Thanh 76.9 11.5 11.5 100.0 Kien Giang Chau Thanh Mong Tho A 83.8 2.7 13.5 100.0 Kien Giang Go Quao Vinh Phuoc 78.4 21.6 100.0 Kien Giang Ha Tien Hoa Dien 20.0 80 0 100.0 Kien Giang Ha Tien TT Kien Luong 36.4 15.2 48.5 100.0 Kien Giang Hon Dat Binh Soni 38.1 2.4 59.5 100.0 Kien Giang Hon Dat Son Kien 80.0 20.0 100.0 Kien Giang Hon Dat TT Hon Dat 72.7 13.6 13.6 100.0 Kien Giang Tan Hiep Tan Hiep A 67.1 11.8 21.1 100.0 Kien Giang Tan Hiep Tan Hiep B 67.6 16.2 16.2 100.0 Kien Giang Vinh Thuan Vinh Binh Nam 71.7 28.3 100.0 Kien Giang Vinh Thuan Vinh Thuan 54.7 15 4 29.9 100.0 Minh Hai Thoi Binh Thoi Binh 89.7 10.3 100.0 Minh Hai Thoi Binh Tri Phai 73.1 2.9 24.0 100.0 Minh Hai Thoi Binh TT Thoi Binh 50.0 50.0 100.0 Minh Hai TX Ca Mau P.8 60.0 13.3 26.7 100.0 7-. S. <0' -2~ . 10;0:0 G-nd"-T 'tal...-. --: '-:.:.. -':,-.:' 9-.7.. -, ' :':': :,-'-'.-: . .-"::'- 1.5 Holdings and losses for structures and homesteads LOCATION OFOUOfHofs_ lol2 5 00003LITEHOL S LIVEt1 H930.IIt OV1 LIVOL 3 AOM AO OIITOITI VItIACS I4AULfT AFF. NIL. COUP. H.1 TOTAL IOST A" TOTAL LOST tH TOTAL LOST H.H TOTAL LOST MlOE LAP VO - SA DEC Thanh Htns Long Hung 8 Hrrhanh Dong 136 4 132 2248 3 5722 1S3 6 1800 186 128 56928 2211 2 Thanh Huns VInh Thanh Hoa Thuan 98 9 89 1 2693 13 7 4682 269 2 1147 41 88 37S84 1619 2 ThanhHung BfTIanhITrung TanTAn 146 4 142 1679 1 8031 10 3 2021 174 143 79077 2870 2 Thanh Huing e/Tnanh Trung BinrLHIep 85 1 84 624 3 5068 104 808 82 82220 1129 1 SUe TOTAL 465 18 447 1 7244 43 14 23503 676 11 5776 401 441 255809 7829 RACH SOI - HAU CIANC Tx L/xuVen MyThanh TholThanh 100 100 8 994 994 20 1073 1073 65 3713 3713 22 9663 7089 Thoal Son PhO Hoa Hoa Tay e 107 18 89 0 1 2480 %e4 19 4082 662 104 32488 4569 4 Thot Not Thanh Ouol Ou Long 104 4 100 281 987 7 4702 244 103 74661 3949 2 Thot NOt Thanh Ouol tam Ouol 1 95 6 89 0 4 3763 117 6 2044 169 94 31663 2924 3 Thot Not Thanh Ouol Oul Lan 1 152 17 135 765 2698 20 5652 496 150 52521 3827 2 Thot Not ohanhO uo) Cu! Lan A 97 97 0 2 3587 31 1941 95 35191 1631 2 ThOt Not Thanh Ouol OLII Lan 2 17 2 15 0 796 6 707 177 16 5075 618 4 Thot Not Tnanh Ouol Cul Lan 3 78 78 32 1 1084 7 3177 77 70297 748 1 Thot Not Thanh An PhungThanh 123 8 115 394 6980 8 5089 297 120 226072 7053 3 Thot Not Thanh An Phung Ouol 63 1 62 0 2 2352 100 4 2419 90 62 98704 5350 4 co Tan Hlep Tan HIep 8 Tan An 125 26 99 1 645 50 7 3462 4'"7 25 3111 796 94 36249 3124 3 Thot Not Thanh Thang Phung0OlI 92 6 86 3 4140 28 1 23t2 12 6 3447 217 84 60854 1093 1 Tan Hlip Tan Hlep 8 Tan Phu 89 23 66 4 2554 128 9 1583 300 11 4560 3689 64 28936 879 2 Tan Hiep Tan HleDA Tan Ouol 217 41 176 2 2619 S0 2 3650 40 45 6734 1372 172 263749 3454 1 Tan Hiep Tan Hiep A Tan Thanh 162 14 148 4232 2 3335 86 11 5884 297 147 198223 7413 3 Chall Tlanh Mong ThO A Hoa elnh 136 17 119 2477 8 5335 472 14 3544 631 118 76208 4127 2 suB TOTAL 1757 283 1474 18 19133 1250 59 45467 2689 247 60806 12850 1522 1300554 67848 RACH CIA - KIEN LUONG Hon Dat Son Klen SO 0 67 2 65 238 411 2 3190 97 66 58024 5925 4 Hon Cat rT Hon Dat Cham Sao 54 1 53 453 1007 18O1 53 44486 2878 3 Hon Oat TT Hon Dat Dau Vol 77 3 74 2 1142 27 1145 11 5096 355 76 35632 2085 2 Hon Dat Tl Hon Dat Su Nam 61 61 0 30 3 252 108 61 68264 24426 8 Hon Oat Binh son Binh Thuan 97 14 83 209 1 175 21 24 4085 809 83 2903599 25543 8 Hon Dat Binh Son Tam Ngan 10 4 6 0 63 5 358 147 6 168300 1408 6 Hon Dot Olnh Son Kinh TU 26 2 24 234 1 557 82 7 913 387 24 1064600 6914 8 Hon Dot Binh Son KInh 9 43 3 40 0 9 1R96 754 12 1234 707 39 741339 6514 7 Hon Oat 81nh Son Ranh Hat 18 18 0 35 7 813 330 18 934650 5110 8 Ha Tien rT Klen Luon0 Lun1 Lon 20 3 17 1 30 30 70 9 876 330 17 143131 5644 11 Ha Tien TT KIen Luong Nga 3 101 42 59 2 1139 124 11 12d2 616 45 2930 1513 63 424857 10566 6 Ha Tlen Hoa Dlen Kenh 1 14 12 2 2 176 176 4 300 205 7 222 222 2 1098 167 10 Ha Tien rr Klen Luong Lo Rom 31 10 21 221 . 3 259 141 16 997 698 22 133467 3867 8 SUP TOTAL 619 96 523 7 3842 357 29 7240 1819 148 22787 5703 530 6721447 101047 XA Nr) Cliau thanh Tan F{oa 3B 65 20 45 5 1206 326 11 2314 768 30 3142 1742 42 31620 4362 7 Chau Thanh Tan Hoa 2B 87 31 56 2 89 89 5 582 183 65 4495 2817 56 25859 6895 6 VI Thanh VITvlTnh 9A 85 32 53 3 886 174 11 1016 478 35 3917 1517 68 30550 3957 6 VlThanh VITIlianh 9B 29 15 14 0 7 413 295 16 1308 820 24 6623 1003 7 Vl Thanh Vl Thanh 7A 55 37 18 1 11'1 591 8 550 302 43 2268 1708 44 8610 2868 7 VI Thanh VI Dong 7 43 29 14 4 387 206 9 698 501 28 1421 1315 37 7260 1574 9 VI Tlianh VI Dong 6 53 29 24 216 1 250 63 41 2407 2120 49 15035 3720 11 VI Thanh VlDong 2 101 54 47 5 687 256 23 2064 1216 52 3758 2422 88 25837 7628 7 VIThanh TTVIThanh 1 20 11 9 0 7 1099 488 7 1225 498 18 5015 1353 9 VI Ttanh TT VI Thanh 2 149 124 25 34 3004 2471 68 61L8 5089 44 3056 2742 73 22025 2731 10 VI Thanh Hoa Luu My1 71 56 15 52 4936 4201 9 1226 690 5 999 363 6 12508 258 4 VI Thanh VI Tan 3 24 14 10 54 2 310 131 14 794 548 20 3201 850 4 Vl Thanh VI Tan 2 17 8 9 0 1 '39 22 10 742 386 12 1331 206 4 VI Thinh VI Tan 1 27 5 22 1 2056 20 1 660 20 7 602 156 18 12008 150 1 S1rnT0TAI . 828 . 4t5 ::1S0i.7 :1S 3~ 2 1. i780~2i.1t 397.3 . . ~4 82 20 482 37555 rAt CAY1w'A t..-..--i. .._ GoOuao VilnhPhuoc PhuocLol 133 16 117 2 318 278 12 1666 1128 57 4295 4080 115 196918 28957 10 8Itt;TOTAL -.133 11 2 1 17 2 157 429 7 1 9 8 2857 = TREM CANH DEN Vlnh Thuan VlBInh Nam Blnh Phong 168 23 145 21 8107 2865 9 147, 646 49 6860 2976 125 119190 12621 6 Vinh Thuan Vlnh Thuan Vlnh Loc 166 34 132 8 1020 95 4d 68G4 1046 43 5421 1266 80 68542 2618 1 VlnhThuan VlntThtuan VinhTrinh 226 113 113 1S 1949 1285 80 8445 4929 70 4527 3299 122 49098 9516 6 Thol Blnh Trl Phal 6 120 61 59 3 564 308 30 3051 1808 36 3519 1649 92 30327 7823 11 Thol Blnh Trl Phal 3 116 53 63 1 972 18 31 3726 1432 37 2793 1481 10G 31041 8561 12 Thol Blnh Trl Phal 1 110 58 52 1 760 3 29 2980 1832 40 3509 1654 97 17725 6580 11 TholBinh TTTholBl1nh 6 33 19 14 113 5 616 307 15 883 810 13 28847 1981 6 Thol Blnh Ttaiol Binh 4 97 9 88 543 5 1471 273 13 2020 564 92 520816 21881 9 Thol Blnh Thiol Bflnh 5 60 25 35 2 289 131 17 2228 677 20 1315 608 57 14130 6928 12 5suTrdAt.: .. :.:f ::.. ::::95 701 51141:e .250.................... :32~;__9 *.:3.M :.3~ 1.:i4a7. 77~..i. 879716: 7859 9_ tST THg f.H TAt: : : :. . .-:..7":: TX Ca Mau P.8 KS 63 7 56 2 820 79 1 700 29 11 1928 726 56 104438 7579 6 sIJurort $ ; . . i3. : . : ~*:.820 7: . : 0 *...... : : .: .... .t :: 12O 7e . . : -5 .. 7. R8Nb.D70Th1: : . ... 49~~ :. _ 18 _9Q:1l1 96....... 3193E24;EM ANNEX 2 - SOCIO-ECONOMIC FEATURES OF THE MEKONG DELTA CO NTENTS Paqe 2.1 Population 2.1 2.2 Housing 2.1 2.3 Water supply and public health 2.2 2.4 Agriculture 2.3 2.5 Fisheries and aquaculture 2.3 2.6 Forestry 2.3 2.7 Provincial economics 2.4 2.1 ANNEX 2 SOCIO-ECONOMIC FEATURES OF THE MEKONG DELTA 2.1 Population The population in the Delta was 14.6 million in 1990; the average household size was 5.4. The urban population is concentrated in a limited number of cities and towns; 1 2.3 million people were classified as "rural" and 2.3 million as 'urban', urban areas being defined as human settlements of at least 4000 inhabitants. The majority of the population in the Delta are Kinh: about 8 % of the population consists of ethnic minority groups - Khmer, Chinese and Cham - who are well integrated into the society. The ethnic minority groups are not evenly distributed. In Tra Vinh and Soc Trang provinces the Khmer constitute 27% of the population. The labour force in 1990 was estimated at 40% of the population. Under-employment, due to high poculation growth, is increasing; about 56% of the workers in agriculture, cottage industry and handicraft work less than 200 days per annum. The rate of growth of the population was 2.2% per annum but it is projected to drop to 1:6% per annum in 25 years time. At these rates, the Delta's population is projected to increase to 17.9 million by 2000, and to 23.7 million by 2015. Women play an important role in agricultural production and food processing. The processing of fish and shrimp is almost exclusively done by women. Additional income fronm handicrafts plays a very limited role and their access to other jobs outside agriculture is also limited. Literacy amongst women, although it compares favourably with other low- income countries, is markedly lower than amorigst men (80 and 90 percent respectiveiy). 2.2 Housing The settlement pattern in the Delta is not uniform. Historically the population first settled on the slightly higher terraces and later on the levees along the rivers; these areas are still the most densely populated. With the excavation of canals, people started to settle along the canal banks, resulting in a pattern typical for the Delta. Ribbon development sometimes stretches over tens of kilometres. There has always been considerable migration in the Delta, mainly inter-provincial and inter-district but in the past also from densely populated areas in the north of the country. Agricultural production in the Mekong Delta is higher than elsewhere in Vietnam. Yet the housing conditions in the Delta are poorer than in other provinces. Particularly the houses over and on canals do not meet minimum levels of sanitation. 2.2 Population and density, present and projections Province 1990 2000 2015 Population Density Population Density Population Density (million) (inh/km2) (millionl (inhlkm2) (million) (inh/km2) Long An 1.2 265 1.4 325 1.8 427 Dong Thap 1.4 419 1.7 517 2.2 678 An Giang 1.8 532 2.2 647 2.9 842 Tien Giang 1.5 651 1.9 811 2.5 1,077 Ben Tre 1.2 553 1.5 662 1.9 832 Vinh Long 1.0 660 1.2 819 1.6 1,081 Tra Vinh 0.9 372 1.1 462 1.5 612 Can Tho 1.7 556 2.1 688 2.7 914 Soc Trang 1.1 346 1.3 424 1.8 556 Kien Giang 1.2 198 1.5 248 2.1 339 Minh Hai 1.6 209 2.0 262 2.7 351 Delta 14.6 368 17.9 454 23.7 599 2.3 Water supply and public health Domestic water.supply in the Mekong Delta is problematic and,will remain so for a lona time yet. -The problem lies in water quality rather than quantity. First of all salinity levels of surface water are high during the dry season. Other problems are related to pollutiorn of surface waters- in the absence of sewerage systems and wastewater treatment. In areas where acid sulphate soils have been or are being reclaimed, acidity and toxicity of surface water is a serious problem, normally in the months of May and June. In the rainy season the sediment content of water becomes high. For the majority of the rural population, no organized water supply is available. For drinking the people depend on storage of rainwater in earthen cisterns. Drinking-water supply and sanitation are key factors for the health situation in the Delta. People make use of the river and canal network for bathing or for washing food and clothes etc. As the drinking water situation leaves much to be desired, and as safe sanitation is only available to some 20% of the population, water-related diseases constitute the major health hazard. Public health card is organized at village level through basic health stations with one public health worker per 2000-3000 inhabitants. These stations cover a wide variety of tasks, including family planning, maternal and child care, and the control of communicable diseases. They organize the supply of essential drugs and traditional medicine, and manage specific nutrition programmes to combat various deficiencies and malnutrition. At the district and provincial levels, there are health centres for preventive programmes, hospitals, polyclinics, and specialized maternity and child protection centres. Their combined capacity is about one bed per 550 inhabitants. Malaria control is the largest preventive programme in public health care. The programme consists of education, promotion of the use of mosquito nets, mass screening and treatment, and vector control. 2.3 2.4 Agriculture Agricultural production in the Delta is based on private smallholdings with an average size of 1 to 1.3 ha. It is strongly rice oriented. This is partly due to physical conditions and partly to tradition and policies that have emphasized the role of the Delta in staple food production. The Delta produces about 50% of the total paddy production of Viet Nam, while it contributed some 85% to rice exports in 1 990. As a result of continuing irrigation and drainage development, there has been expansion of Winter-Spring and Summer- Autumn rice, mainly at the expense of rainy season rice but also through expansion of the cultivable area. Production has risen from 5.3 million t in 1980 to 9.7 million t in 1990. The main upland crops include soya bean, mung.bean, groundnut, (hybrid) maize, sesame and kenaf. Perennial crops include coconut, pineapple, sugarcane, and fruit trees. There is a vast potential for production increase but development has lagged behind, partly due to the focus on rice. A major impediment is the lack of adequate support services in practically all fields: research and extension, seed and other inputs supply, storage, processing and marketing facilities, and credit. Upland crops and perennial compete with rice for land, water and labour. However, the cultivation of upland crops employs more labour than rice and requires less water. Miost farmers keep some livestock as an integral part of the crop production system. It is estimated that in 1990 there were some 0.29 :nillion cattle, 0.34 buffalo, 1.82 million pigs, 13 million ducks and 14 million poultry in the Delta. 2.5 Fisheries and aguaculture Fish plays a central role in the human nutrition pattern in the Mekong Delta; it is the main source of animal protein. The current average yearly consumption of fresh fishery products amounts to 21 kg/capita. It is substantially lower than the 26.9 kg advised by the National Institute of Nutrition. Moreover, the people in the Delta use another 4.9 kg/capita annually in the form of processed products (dried products, fish sauce, fish meal, fish paste), somewhat lower than the advised 5.4 kg. The total Mekong Delta production from capture and culture fisheries amounted to some 480 000 t in 1991. Exports of aquatic products are increasing rapidly. Valued some US$ 1 20 million in 1 991 it has been estimated at US$ 180 million in 1992. This represents 50% to 60% of the total fisheries export value of the country. In 1 994, shrimp disease badly affected production of shrimp in Minh Hai province. 2.6 Forestry Of the 200 000 ha covered by forest, 173 000 ha are production forests, including Melaleuca, mangrove, Nipa palm and some Eucalyptus; 27 000 ha are Protection Forests and Special Use Forests. Mixed deciduous tropical forest used to cover most of the hilly land of Bay Nui, An Giang Province, but today, hardly any forest remains and its destruction has caused serious erosion problems. 2.4 Mangrove forests produce the largest variety of products: firewood, charcoal, utility wood, some sawlogs, tannin from Rhizophora bark used for dyeing, honey and many other by- products. Nipa palms provide material for housing, baskets and mats. Melaleuca forest provides large quantities of poles and stakes as well as firewood, whereas, in some natural stands in the Plain of Reeds, cajuput oil is extracted from its leaves. By-products include ropes made from climbers. Medicinal plants are collected from all forest types. 2.7 Provincial economics Since 1986, the economy of the Mekong Delta has grown fast but rather unevenly. The provinces with relatively high growth rates are located in the Trans Bassac area (Can Tho, Soc Trang, Minh Hai, Kien Giang and An Giang), those with low rates lie in the south-east of the Mekong River (Ben Tre, Tien Giang). The other provinces have growth rates somewhere in between, with the notable exception of Dong Thap where considerable increases of both cultivated area and agricultural yields have been achieved. As a general trend, growth has been confined to increased primary sector output. Processing of agricultura! and fisheries' output grew at somewhat higher rates than that of the primary sector output, but slower than that of overall GDP in the Delta, which was accelerated by sharply increased domestic and international trade. This pattern of growth did not apply everywhere. In An Giang Province, remarkable growth was achieved in the secondary sector, which boosted not only the processing industry, but also mining and quarrying, shoe-making and other, generally low-tech, manufacturing. In Minh Hai Province, growth has almost exclusively been related to the sharply increased output from fisheries (culture, capture, marine, inland), and the corresponding processing and international trade. Urbanization is bound to go faster than can be catered for at present. Already, urban systems are in poor shape and the urban environmental problem is receiving little or no attention as far as public funding is concerned. Good quality water supply, proper sewerage systems, solid waste management, and human health generally are posing problems. Infrastructure is poor, particularly in the south-west and in the area between the Mekong and Bassac rivers. ANNEX 3 LEGISLATION METHODOLOGY 3.1 The Constitution 3.2 The land law 3.3 Decree No. 186-HDBT 3.4 Decree # 60-CP, 5 July 1994 3.5 Decree # 64-CP, 15 September 1993 3.6 Decree #87/CP 3.7 Building classification, circular #5-BXDI[TT 3.8 Decree #9OlCP 3.9 World bank operational directive 4.30 INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESEFTLEMENT ACTION PLAN ANNEX 3 LEGISLATION 3.1 THE CONSTITUTION. Property rights in Viet Nam as elsewhere find their legal basis in the Constitution. Previously the Constitution provided for two main sectors of the national economy; the state sector and the collective sector. Recognition of private property was limited to benefits e.g. disposal of income and savings rather than being extended to the recognition of private ownership. The 1992 the National Assembly approved a new constitution that clearly permits private ownership and subsequently protects such ownership. Three basic types of ownership are distinguished; state ownership (the whole people), collective ownership and private ownership. All three types of ownership receive legal protection from the state. The rights of inheritance and transfer are also protected. Three specific articles merit mentioning: " In the private individual and private capitalist sectors people can adopt their own ways of organizing production and training; they can set up enterprises of unrestricted scope in fields of activity which are beneficial to the country and to the people. Encouragement shall be given to the development of the family economy" (Article 21). " Production and training enterprises belonging to all components of the economy must fulfill all their obligations to the State; they are equal before the law, their capital and lawful property shall receive State protection. En%erprises belonging to all components of the economy can enter into joint venture and partnership with individuals and economic organizations at home and abode in accordance with the provisions of the law" (Article 22). * " The lawful property of individuals and organizations shall not be nationalized. In cases made absolutely necessary by reason of national defense, security and the national interest the State can make a forcible purchase or can requisition accruing to rules set by law" (Article 23). INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN 3.2 THE LAND LAW._ The 1993 Land Law is a comprehensive land administration law, superseding the earlier 1987 version. The new law, which went into effect on 15 October 1993, includes the following major points: 1) Land belongs to the people, with the State as its sole administrator. No private organization or individual has the right to own land (Article 1, paragraph 1). 2) The State reserves the right to allocate land and determine its usage (Article 1, paragraph 2). 3) The user who has been using the land on a stable basis as certified by the people committee of village, sub-precinct or town will be considered and given a land title certificate by the competent authorities (Article 2). 4) Families and individuals who have been allocated land have the right to exchange their land for another piece; transfer their right to use the land to another party; rent; bequeath; or use their right to the land as collateral (Article 3, clause 2). These privileges are the most significant aspect of the Land Law, in effect transferring management of the land back to the private sector. There are, however, some important management decisions, discussed below, which the State still reserves for itself. 5) The Peoples' Councils at all levels are responsible for the administration of land use in their respective localities; the Peoples' Committees at all levels are responsible for managing land issues in their respective domains (Article 7, para. 2; Article 8, para.2). 6) Land is classified into a number of different categories, based on its usage: agricultural, forestry, rural residential, urban, specialized and unused (Article 11). 7) The State reserves the right to determine the value of all kinds of land for the purposes of taxation, collection of fees, allocation and compensation. These values will be determined by region and time period (Article 12). 8) The decision on land allocation to organizations or individuals are subject to requirements as follows: * they must be made in accordance with a land use plan approved by authorized state bodies; INLAND WATERWAYS AND PORT MODElRNIZATION PROJECT RESETTLEMENT ACTION PLAN they must be in accordance with a demand for land use stated in a feasibility study or in a final design of a development project which was approved by the government agencies or in the application for land allocation (Article 19). 9) The State allocates land to organizations, households, etc., through written permits to use on a long-term, stable basis. The time limit on land use for land planted to annuals or used for aquaculture is 20 years: for land planted to perennials, 50 years. After this limit expires, if the user still needs to continue using the land, and has done so lawfully in the past, his or her right will be renewed. Land for building houses is not subject to such limitations and is only appropriated under situations as described in articles 26 and 27 (Article 20). Residential land in Viet Nam is subject to another set of rules and regulations not contained in the Land Law. Residential land is fundamentally different from other types of land as private ownership of the property associated with it - namely, a house has been legalized. Please see the discussion of Decree 60-CP of the central government below. 10) Land can only be assigned to a user other than the current one after the proper appropriation procedures have been carried out (Article 21). 11) The State reserves the right to appropriate land when truly necessary, in cases of national defense or security, or national and public interest. In these cases, the land user will be reimbursed for damages (Article 27). 12) Before land is appropriated, the use must be informed of the reason for appropriation, time schedule and plan for resettlement, if necessary, and options for compensation (Article 28, para. 3). 13) Certificates verifying the household's individual right to use the land will be issued to those who have been lawfully allocated land by the local government agency responsible for land allocation (Article 36). This certification, meant to standardize proof of land ownership and consolidate the land holding system, has in many cases failed to be implemented or has been used incorrectly. Delays in the issuance of the certificates have occurred in remote areas, although intentional delays have been introduced into the system by localities with development plans that may include the transfer of agricultural land to non- agricultural uses. The reallocation of land to farmer households and the increase both in the autonomy of land users and in the value of their land use rights have brought forth a large number of disputes. INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN The disputes have been handled by administrative bodies, primarily the Chairman of the People's Committees, with appeal possible to the next highest level. There is the tendency to gradually treat claims stemming from recent events on a more legalistic basis before the courts. The New Land Law states that disputes about land for which no land use certificate has been issued shall be settled by the People's Committees of the provinces, the provincial capitals or the district. In case of disagreement an appeal can be made with the higher state administrative body (district level to provincial level, provincial level to national level. Disputes about land for which a land use certificate has been issued shall be solved by law courts, (Article 38)~ In principal the land use certificate holder has no stronger title than the land user without a certificate e.g. "he who has been working the land stable for a long time". However, the fact that a land use certificate facilitates transfer may complicate expropriation and increase compensation to be paid, as can be observed from the interpretation of Article 30 of Decree 88 CP (see following page). 15) Every commune should have up to 5% of its agricultural land held for welfare/public benefit purposes: the Government will determine how this land is used (Article 45). This land is further defined in Decree #64-CP, discussed below. Although it is frequently stated that this land reserve could be used to compensate those whose land will appropriated for highway construction, in reality it is uncertain whether these reserves exist in all localities and if so, whether they are an appropriate means of compensation. 16) The land user has the following rights: i. to receive a certificate of the right to use the land; ii. to benefit from production of, and investments in the land; iii. to transfer the land use title in accordance with the Land Law regulation; iv. to benefit form the public projects of land improvement; v. to receive State guidance support in land improvement and fertilization; vi. to enjoy state protection against infringement upon legal land use rights and to be indemnified for actual losses in case the land is recovered (repossessed); vii. to contribute the land for production and cooperation; viii. to lodge a complaint or denounce conduct which violates the law and affects the land use title of the user (Article 73). 17) Individuals who have been allocated agricultural land, forestry or residential land have the right to bequeath this land to their inheritors upon their death in accordance with the inheritance law (Article 76). INLAND WATERWAYS AND PORT MODERNIZATION PROJECTr RESEITLEMENT ACTION PLAN 18) Individuals allocated agricultural land have the right to rent this land out in cases where they lack the manpower for production or are experiencing economic difficulties: the time limit on this rental is three years (Article 78). 19) The land user has the following responsibilities: * use the land in line with the purpose, boundary and other conditions which were stipulated when receiving the land; * implement measures on land conservation and improvement of land field; * follow regulations on environmental protection, and respect the rights of neighbouring land users; * pay taxes on land use, taxes for transferring the land use title and cadastral fees as set in the law; * to pay land fees upon receiving the land according to the regulations of the law; * to indemnify the previous land use certificate holder; * to return the land when the Government decides to take it back (Article 79). 3.3 DECREE NO. 186-HDBT._ Decree No. 186-HDBT issued by the council of Ministers on May 3 1st, 1990 sets rules and rates for payments to the Government if agricultural or forestry land is acquired from the Govemment for new land reclamation, improvement of agricultural and forest lands, afforestation and development of new land for resettlement of displaced people. Following the decree No.1 86-HDBT, the Ministry of Finance issued circular letter No. 18-TC/DT dated 5 June 1992 to guide implementation of the decree. On 2 March 1993, the Ministry issued circular letter No. 13 TC/DT to adjust and expand letter No. 18-TC/DT. From the Two letters, the following points may be emphasized: (i) Compensation money for agricultural and forest land has to be paid to the Govemnrent budget by the project or the investor before actual land delivery by the land management office to the new user (project or investor). No application of receipts and payments by letter will be accepted even in a project invested by the Government; (ii) land compensation has to be included in the cost of he project to reflect the real cost of fixed assets. 3.4 DECREE # 60-CP, 5 JULY 1994._ Property ownership and the right to use urban residential land Based on the 1991 Residence Law, this decree guarantees the right to own residential buildings and use residential land (Chapter 1, Article 1). Residential property is INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN divided into three different categories State-owned, collectively-owned, and privately-owned (Article 2). The owner of a residential building must register with the local government agency responsible for residential land management: this office, in turn, must issue to this individual a certificate verifying ownership of the structure and the right to use the associated land (Article 3). The rest-of the Decree explains in detail the registration and verification process, including the criteria under which the owner may be issued a certificate of ownership when he/she is not in possession of eligible documents (Article 10). Article 10 makes provision for the issuance of house ownership certificates in urban areas in the absence of any or sufficient eligible documentation, as follows: * If the houses and land conform to the master plan and are not disputed, the owners shall be granted certificates of the right to own houses and use residential land (Clause Al). * If the houses are located on land not planned for residential purposes, the owners shall not be granted certificates of right of use and ownership (Clause A2). If the house owners possess eligible documents on the right to use land and have built houses without eligible documents, however, the houses and land currently conform to the master plan and are not disputed, the owners shall be granted the certificates of right to own structures and use land (Clause B). - If the house owners have built their structures with permits on land conforming to the master plan but have not obtained eligible documents on the right to use land there have been no disputes, certificates of the right to own structures and use land shall be issued (Clause C). * If there are disputes pending, the issuance of certificates of the rights to own houses and to use land shall be considered only after the complete settlement of the disputes in accordance with the law. Two instructions. No 647 CVIDC (31/05/95) and 1427 (CV/DC (03/10/95). have been issued to facilitate the implementation of Decree No. 60/CP. These documents identify in particular the eligible documents to obtain the land use rights certificate (LURC), as follows: * Certificate of ownership of land issued by the provincial authorities during land reform. * Provincial people committee's (PPC) decision to allocate and provide residential land or allocation and provision decisions issued by district people committee (DPC) or before 1993 allocation by the province's city people committee and by province level agency for housing, land and construction. * Permanent or temporary land use rights certificates issued by PPC or DPC. * Registration of the land currently used in the Land Administration Book. Documents regarding house ownership according to provisions of Ministry of Construction circular (No. 47/BXD-XDCBDT and No. 02/BSD-DT). * Documents issued by Agricultural Collective to its members May 28, 1971. INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN * Residential land purchase documents established before existence of Decision No. 201/CP and confirmed by the commune authority. * Documents regarding inheritance and give of residential land without disputes (confirmed by the commune authority). * Effective verdicts by the court regarding residential house dispute settlement or decisions by relevant authorities empowered to settle land disputes. In the case of a household holding none of these documents, but holding a document issued by the commune people's committee and Motherland Front which satisfies the following criteria, they are entitled to obtain the LURC: * The household has been occupying land in question since before February 18, 1980; * There is no dispute on the land in questions; * The household has been occupying the land under stable living conditions, that is they have been at the same location for a long time and have not moved elsewhere and returned; i The land has been used according to the current master plan. Circular No. 1427 CV/DC specifies that LURC will not be issued for the following: e Land already planned for other purpose according to master plan; * Land with historic or cultural value; * Land within protection corridors of dikes, inland waterway, roads, railways. The Circular specifies that, in the case of encroachment other than the cases specified above, but compatible with the master plan, users of the land will be eligible for LURC if they pay administrative fines towards their land encroachment and fulfill procedures for land legalization and pay for land use fee. For the purposes of the RAP and its implementation those PAPs who occupied land within the boundaries of a master plan in urban areas before the conception of the master plan would not be disqualified from being considered legalizable because of the land use criteria. If the land is planned for other purposes after the issuance of temporary land use right then this condition will not be valid reason to bar PAPs from being legalized. Decree No. 45/CP was issued on August 3, 1996 as a supplement to Clause 3 of Article 10 of Decree No. 60/CP. Decree 45/CP specifies that in the case that the land has been occupied since after 18 December 1980 and up to 15 October 1993, and meets the other criteria specified above, but the occupant is without eligible documents, the occupant will be provided with Land Use Rights Certificate and a certificate for house ownership, and shall pay 20 % of the land use fee. INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN If the land was used for residential purposes after 15 October 1993. and all the above criteria are me, a Land Use Rights Certificate will be issued and 100% of the land use fees shall be paid. 3.5 DECREE #64-CP, 15 SEPTEMBER 1993. Regulations concerning the allocation of agricultural land to households and individuals to use in a long-term and stable manner for agricultural production This law is the essence of current agricultural land policy, guaranteeing the allocation of agricultural land to the private sector while minimizing redistribution by granting land use rights to the current land user in most cases. The Peoples' Committees are charged with determining the proper land user and issuing certificates verifying the right to use the land (Article 3, item 4). The limit for use of agricultural land assigned to annual plants (i.e. rice) and aquaculture is set at 20 years; for forestry, 50 years. These limits, however, appear to be more formalities set out in the law, and transfer of user rights to other households or individuals after these periods have passed does not seem to be a major concern. To ensure equitable distribution of the land, no user is entitled to more than 2 ha of land assigned to annual plants. Forestry land is defined by geography and not region, with each user entitled to no more than 10 ha of land in the delta areas, and no more than 30 ha in the midlands and mountain regions. It should be noted, however, that the law also makes provisions for excess land, by allowing the user in most cases to rent it from the locality over the short term (Article 5, items 1 et 2; Article 13, item 1). Article 12 provides a detailed explanation of how users' rights are to be verified. The exceptional point about this provision is that it proposes no fundamental alterations to the existing land distribution system, in most cases allocating land to the current user. Article 14 mandates that the locality must reserve 5% of its agricultural land for the public benefit, to be allocated at the discretion of the commune. Prior to its final allocation, this land can be rented to households and individuals for agricultural production; all proceeds from taxes must be deposited in the social welfare fund that the land is part of. This land is to be used primarily for construction purposes, as well as for compensation for construction projects in which land now being used for agriculture will be appropriated. In no cases is this land to be distributed to private households and individuals as a way to increase their land holdings (Article 15). In reality, however, the 5% Land Fund has been distributed to households and individuals and returned to private production already. It will be very difficult to request these users to return this land to the State if needed for compensation or construction purposes. The present situation of the 5% Land Fund needs to be INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN investigated in more detail before any recommendations are made or plans drawn up for compensation based on the availability of this land. 3.6 DECREE #87/CP._ Regulations concerning the pricing of different land types; 17 August 1994 1) The value of agricultural and forestry land is calculated based on agricultural land use taxation rates for each class of land, divided into three types of communes: delta, midland and mountain (Article 2, Clause 1). 2) Based on the Government's price list, the Provincial Peoples' Committees (PPCs) will determine prices for each type of land as a basis for levying taxes on transfer of land use rights, collecting land allocation fees, renting land, calculating property value, calculating compensation, etc. Compensation in basis where land is appropriated for national or public interest is determined according to the regulations of a different decree (Decree #90/CP). Local prices cannot be lower than the Government's minimum or higher than the Government's maximum figures (Article 4). 3) These prices can be readjusted by the Provincial Peoples' Committees to respond to fluctuations in prices due to development (Article 5). To ensure the objectives of this RAP are met, prices will be established that ensure compensation at replacement cost. 3.7 BUILDING CLASSIFICATION, CIRCULAR #5-BXDJTT._ For the purposes of tax assessment, sale of property and compensation, the Government of Viet Nam has determined its own system of building classification. The particulars of this system are laid out in Circular #5-BXDJIT, 9 February 1993, of the Ministry of Construction. All apartment buildings and single- and multi-storied structures are divided into four different classes, from 1, the highest, to IV. Structures are differentiated based on their construction quality and durability, fire resistance and comfort level (the latter being defined primarily by the quality of sanitary facilities). In reality, due to the overall population of the country, a fifth sub-standard category must be added, as this circular acknowledges. Beneath Class IV, the Circular states, there also exists the category of temporary structure, this type of structure fails to meet minimum requirements for comfort and accommodation, and may be lacking kitchen and/or bathroom facilities. In addition, it should be noted that there is yet another category beneath that of temporary which is frequently used: this type of structure, labeled as a "shack" or INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETTLEMENT ACTION PLAN "hut", may in fact consist of a few poles with ricebags laid across the top to form a rudimentary tent, under which there is a small tea stall or shop. In most cases, this kind of structure is located in front of a main structure. 3.8 DECREE # 9O/CP._ Compensation for appropriation of land for defense, security or national and public interest: 17 August 1994 1) This regulation is based on the 1993 Land Law, Article 27, which gives the State the right to appropriate land for the purposes of defense, security, nationals benefit and public interest (Article 1). 2) All organizations, households and individuals who are lawfully using land will be compensated for damages if and when the State reclaims the use of their land for the above purposes (Article 2). 3) A person who is lawfully using land is defined as either having had land allocated to him or her in accordance with the 1993 Land Law, or having used a piece of land continuously since before the 1993 law went into effect, and are able to be issued a land use rights certificate. If the person does not have a certificate, then he or she must have a paper certifying the transfer, exchange or inheritance of this piece of land which can be validated by the local Peoples' Committees (Regulations, Chapter 1, Article 2). 4) Persons who have been temporarily allocated land, are renting land or using auctioned land may or may not be compensated depending on the situation (Article 3). 5) State agencies, socio-economic organizations and peoples' army units which have been allocated land by the State and have not had to pay land user fees, or have paid them from State-funded budgets, will not be compensated for damages but will be provided instead with new land (Article 4, Clause 1). 6) All businesses - State, cooperative, and private - will be compensated if they have paid land user fees from non-State budgets (Article 4, Clause 2). 7) Persons who have been allocated land by the State for their use and have their land reappropriated will be compensated by allocation of a substitute piece of land. If the user does not request compensation in land, he or she may be compensated in cash, according to the value of the class and type of land that is appropriated. This value will be determined according to the price scale set by the Government (in Decree #87/CP) (Article 6). INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESE1TLEMENT ACTION PLAN 8) Land to be used for compensation includes: unused land, land that has been developed by the State (for example, land used for infrastructure projects), 5% land according to Article 45 of the Land Law, etc. (Article 7). 9) If agricultural or forestry land is appropriated, then compensation will be by land of the same kind, according to the area and class of land that was appropriated. If land allocated as compensation is of a lower class than the original piece, but still belongs to categories 1, 2 or 3, then the difference will not be compensated. If the piece of land allocated as compensation belongs to classes 4, 5 or 6, and is of a lower class than the original piece, then the user will be compensated for the difference. The value of these different classes of land is calculated according to the Provincial Peoples' Committees price list, which is in turn based on national Govemment prices (Article 8, Clause 1). 10) In cases where the land user is temporarily allocated, renting or using auctioned land, then the Government may compensate by land or cash, but for no more than 30% of the value of the property (Article 9). 11) Users of illegal land which is recovered by the State shall not be compensated for losses of land and have to bear all costs of dismantlement, ground surface clearance as required by the State (Article 10). 12) Compensation for annual plants and aquaculture will be calculated according to the value of the next harvest, based on an average of the three previous harvests, according to local market prices at the time of compensation (Article 13, Clause 1). 13) Perennial plants and trees will also be compensated according to the value of their harvest and cost of their care, at different rates depending on what stage of the life cycle of the plant (Article 13, Clause 2). 14) The Chairman of the Provincial Peoples' Committee is responsible for deciding compensation options tArticle 14). 3.9 WORLD BANK OPERATIONAL DIRECTIVE 4.30. The basic guiding principle of the World Bank's Policy on Involuntary Resettlement (OD 4.30) is that the affected people should be "assisted in their efforts to improve their former living standards, income earning capacity, and producing levels, or at least to restore them". T he Directive proposes a development-oriented strategy towards resettlement and rehabilitation programs, that will improve or at least restore the living standards of the project-affected people (Item 3b). Economic growth alone cannot be relied upon to do INLAND WATERWAYS AND PORT MODERNIZATION PROJECT RESETFLEMENT ACTION PLAN this (Item 18) This policy implicitly means that the Bank supports a form of compensation and rehabilitation measures other than cash alone to insure stability for the PAPs. In agricultural areas, the Bank prefers land for land compensation, and where suitable land is not available, non-land based strategies built around opportunities for employment or self-employment (Item 4). The directive does not regard absence of a legal title to land as an obstacle to compensation and rehabilitation assistance. However, in interpriting and applying its policies the WB distinguish between furnishing of compensation (which may be alloed under domestic law only rfor legal holders of land and other assets) and provisions of resettlement assistance to cover the full replacement cost of the losses of legal and illegal PAPs. This allow to acheive the basic principles of the Directive or at least regain income earning, production capacity and their standards of living enjoyed prior to the project. (Item 3c); customary and formal rights are treated equally (Item 17). The Bank is very careful to ensure that all persons affected by a project, especially the poorer and/or disenfranchised sectors, are included in the resettlement and rehabilitation package. 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(CIC DLJONG SONG VIET NAM) CAn ci. cong vAn s6 053/SW ngay 14/ll/1995 cula Ban Quin 1y DLi' an DLSdng Th6y Phia Nam v/v b6 sung h6 scs d6L khu vLfc qul hoach tai dinh cd phue vu di! an Phat tridn Cang va duOng l.huy nui dia Theo td trinh s6 236/TI-KH-95 ngAy 13 Lhang 12 nAm 1995 cila Cy Ban Ke Hoach nnh ve dia didm dAL tAA dlnh cit ddm bao cho khoAng 1.500 h6 dan thu6c 10 xa cAp 2 bEn tuy6n klnh XA No ( HuyEn Vj Thianh ) va kenh Cdi SAn ( I luyen T:h6t N6L ) co chd a 6n djnh. yen. tAm tao lap cu6c s6ng mdl (co vAn bWn de nghl cula 2 HuyEn1. Oy [3an Nhan Dan T'nh Cdn Thc chip thuan cac dia dim nhu' sau: * 1Iuyen Vi Thanh: - Khu Cong an huydn ( A4 2 TMi tran VI Tharn j: 16.905 mn. - KThu dgt &ai giam cu ( Ap 2 ITh trgn ViThanhr3h : 24.287 In2 - Khu Trung doan ( Ap 7 Thj Lran Vj Tlanh: 98.530 m2 - Khu dgt tai Ap MSy MOt. xa Hoa lu'u 55.810 n2 - [hu trai chAn nio5 t Ap 6 xaA VTAna) 27.788 n2 ' Huyen Th6t N6t: - Khu vwc 1 Ap Qui Long, x Th;anh Qudi: 20.000 m2 . - u vu!c 2 Ap PXiu ng Qudi xa Thanh Thang 88.200 m2 Del nghi Ban quin ly Du' an DifOng Thuy Phia Narn ghl nhAn dia di6m vA qui mo 7 khu dat Tinh chQn, lAm co sa tarn tinh biLde dAu diu 1de6n ke hoach dau tlf vAo di! An. TM. UYBAN NHAN DAN TINH CAN THO KT. CHU T!CH Nc7i nh,rn: PH6 C{1 TICH - Nhur tren - Liuu VFUB(HC.NC) vl PHONG QMANG - Can Tho L oCaDOJK U H Di DAN- DJA{NNAO VET KINH. - DIP TtCE: 16.905mrj - TO'Bki Da:04. THfA 160 + 161 - AP I. T?.' LA/H - H Vi TAIR. / / - 0 ( Xh dt c;n.g -4n Huyren Vi. Th nh 7 / P. CONG AN HUY1N _~~~' -, Ia ; ..\ % Xf l t OC 8- - EgdsK~~~~ ~ / va NPai cal: Qathi { -1 &M LJOC DO KHU QUI HOACH Di DAN, DUAN NAOVETKINH XA-tN\D ( Kh.u trai chrhn nuoii) - T&G D}4N -tM: 3&857111 . $ro jgd: qiyt cho hg Cbdnb eAcb: 6427u2 - GSO CO . 4 642m1 - '4 E. -' ; n. -0 Li6 c c S2 i)T GIAO CHO D CA '~4.6423 I.~~_ ..- I I cr I . I 15 l ~ ~ ~ ;7 L ~Laxa Ii- - * ' I l'- ' - - | a CnIltE SACH~~~~~~*I ~ ji i I ' n.*. r * ,I; _, _! ~~~~~~~~~~~~* IA I IA..,- ,', ,, I I , _ . . _ _ _~~I A I'd L - iid T Y L F: 1/1000 wio(/-S&'Lt iSyuVtbZngsL nil L9 -7 'zr ::f TRH3G Pr.t '-;- ' - t G 'u/ !t:c 3AN 19 0 2.0n1 r.AN DO 'IAN'1A (. -l C iSl [I i I 1 hf11" N NIN~~~~~~~~N AN Cl ANC 1 *H GS D Ig.-k4 tutlCH Ngir&i~ ~ ~ ~ ~ ~~~~!z/< do' ye* . C r -~~~~~ ~~~~~~~~~~ ICNI TElf Ngxr6'i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~St ca l - .rs C*tJTe LU O C DO GIAI TFIU'A ,pY LAAE' 14 ' t' A~~~~~~~~~~~~~~~ ( I{f'u1 (1tbct (;rity (:IlIJG 1}z1 tU3ji 1 qu Si i. (iUUlg (I:t SO } 1 >,~~~~~ 4L$ Tu6.2 2 f Ngudi ~~ ~~~~ do vf~........................ q j, is x 3,< / .'A (viU 'V' ,,\N X~ A N gtr&i cal ........... .. ............................8Wirt .,-\ \49 tX 1VHAh 01R4 NgurKi al ..... .... /jr!:4f i;. ~~~~~)\ ~ ~ ~ ~ ~ ~ tR \-fSIr LU-GC D GiA THUA TY LE ii '1 ;t (K'm cIeo G1iy cliLing rthan qilycrIl su duijig d1t sd.; -1 ' k \/ I NH T~&U 7 IFf, ,-'. (C.11- ;~~~~~~~~~~~~~, ~~~~~~~~~~~3 or-oy~~~~~~~~~~~~~~~~~~~~~~ 3r-3, 4. PI Ckv;',~ ~ ~~~~TFO ffL[F V.l ,y f -11-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1 v.~~~~~~~~~~- -~~~~~~~~~_ - .A( r. C Al - 't 7Frfv/ - Dong Thap ,) ' ' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I' i)1 Ci~ ~ ~ ~ ~ ~ ~~~~~i Cl- C '' . I tg ! ;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ !__ _~~~~~~~~~~~~~~~~~~~~~~~~~~~ sa sg St woaew tv a awg 7p^4SSS, 74Xwng'vn4z 1 , . I :<: .. , . . ............. , ................. ............... . . . v ... . . . ....... .. . . . * i ,} . . 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I7). t i \; " I i 'i X I ' t " i i- I , .',e . ,;, .. ,j (.}(11F - Kien Giang -\ inhIj.gi Bani Quini Lji Dc Ani DLfiig Thui> IF'hiR -Nan (Th uQ;e Cue DiVi&ng S6ig ATj1( Namn) - (,tll cii v6rrg vdll si (i74/SU ugHy 21/12/95 ciia Budi QUAii. LJy 1L3 At, [IJg|SII 'L'hiiy *Ph)a Natui vAi vi& cliua hli ke lhoacli LAi dihiib (If ti all {ii mlg l.l ,lW;. - 1l(a li Lh'ian cuoc hop vAi iiga1y 2812/96 ta'i Sv K' f 1ucl) \v Da`u 'i 1 vC,i 1!1 ,NI) I-icl-lflyttEii v'Tll Xci W li-t( (ii citia l, V'IVi viing (ti (1 18. TZ'ICIII C(f S(r hJI.g iJUp b)AO caO tcIa CAC ItuydI t. .liii Si Ki l a(C1 v:1 V .Xall '1'tr Xi n Iwici cAo dLA .kiu'n cd'a cAc; dia pfllr(Ing Vt vi6 b6 it n csir kliii i.l t iM ml (1 t! ;Ill Ili(t'l!g iiy tri di a bA l.l uHf1 lliiil! i- Ve vi tri ciia cac klu tdi diuili cii Ski : sa X vx bp tri. klu Lai diJlh e1CV cCia tung lIuy(n MI CHa(' fllaWu. (to du dit'. (:lca ltnig v'iug n6n liki h6t. cac diem tAi diiili (c0 (Wii bo Lri 1t li,i v llla sai. scug song vdi Wuy'li kiili c-Ci. Cu t.he ducu xac islinl txCm all i(; /(.(U- J(l..-1/1 0( 1o( 1kO8 1/5000(3 k m tL heo c0 Iii' Ca iuy(ji- Dl f Ki-.'ll )I ,i 1 A c (' 1(' -1 ,,ll n iI (lay dl iill. lim v6 tyeLOn sau kihi llti h) kiill kko1iATlg 50m k Ap k-iixii Rachi 0ia Long X'tivCl Hlhuc xa Tan ii F .p A. 'r'aii Hiep 13. La kl-w (an clLP toAtl h kiii VulC inAy chlii4ru khoding 80 ha va c6 klioAng 276 1) 6 ib { i dlay. -Cli*.u Thaialil (li(,,. c(p kidii XOf)p Maii eAci kiiWhi CAi SAi l. 5OWn v ) 1dg0lig Thy OAr. I hI1)(0 XN. AJ'] 'hl'ugT A. DLf kie5u) ho tri kilioiig 3 hja v ". ho - i11ii D at: 'I 'I iei ii. (Ui d( dlitmi. (ciia hllyii i I Hl, I X c 'l , (t AIl VtI] U lay (-lit . t9 Ia I1 ) Ihm'm A), iih( H ii1*il kiSi g hoA Iri Ifi v` llwy' ll satli h 1( iiitli lila 1ho Lri I,Ap lrl'llli_, 1.11 i-l ( 11(',11~1911 ph}ia ,r 'ii ('l;, F;; - 1' u, 1 .1 a. - 'IV1'.J I-' N I ) Ii ~i, h I1( cIc bAn C^u ?. - ., I V*ii V I' S; KH-IYT Linib A, Provincial People's Committee Socialist Republic of Viet Nam of Kien Giang Independence - Freedom - Happiness ......... ........ oOo .. No.: ..52../CV-KH Rach Gia, 27th March, 1997 Ref.: Resettlement site of Kien Giang Province To: Project Management Unit of Southern waterways (PMU-SW). (Viet Nam Inland Waterway Bureau). Referring to office letter of 074/SU dated 21st Dec.1995 of PMU-SW related to preparation request of resettlement sites for inland waterways project. Following the meeting of 28th February 1996 held on Provincial Department of Planning and Investment with People's Committees of Districts and Town involving to the project. Compiled the reports of districts, PDPI advises the likely enhanced sites of local authorities conceming allocation of resettlement sites for the project on provincial territory as follows: 1. Locatio'n of resettlement sites (RS): The arrangement and positioning of .RSs on every district differ and are subject to special features of each area, therefore the locations were chosen with a distant set-back and parallel to-existing canal. The detailed locations are identified in district maps of 1/50,000; 111,000 or 1/5,000 scales and projected as follows: * Tan Hiep district: One RS is chosen in village Tan Hiep A at 5dm in hinterland, adjacent to Rach Gia-Long Xuyen canal. The site is an residential area of 80ha and possesses about 275 households (HH). * Chau Thanh district: One of village 'Mong Tho A", is at 500m North Western of Rach Soi-Hau Giang canal (project waterway) - along and adjacent to Xep Mau canal. The RS. area occupies 3ha for 29 HHs. * Hon Dat; Four resettlement sites. Due to proper characteristics of Hon Dat district, local people who are likely small business households will be relocated centrally in four resettlement sites * Ha Tien district: One resettlement site at 50m from project waterway is justly new urban area. The site locates in Hoa Dieu commune and Kien Luong town. The site area of 2ha is planned for 155 HHs. Q Go Quao district: One resettlement site of Vinh Phuoc commune, along Xang Cut canal (project waterway) at 20ha from project waterway. The site area of 1 2ha is planned for 145 HHs. * Vinh Thuan district: Two new resettlement areas are along both side banks of Chac Bang river and in Chac Bang country area. Projected site area is 1 7ha for 525 HHs. Rach Gia town: One resettlement site along Rach Gia-Ha Tien canal is in Phi Thang commune. Projected site area is about 2ha for 57 HHs. So, the resettlement sites of province are totally in 11 locations with I 64ha of residential land for 2,014 HHs in territory of 7 districts and towns involved. 2. Facilities and infrastructure of iesettlement sites: The RSs require to invest about 15 billion dong (VN$) of capital cost for 33km internal roads, 31 km power lines (medium and low voltage), 300 wells, 30 classrooms, 9 clinics. 3. Concerning project affected families, there exist a difference of survey figures between project and local authorities (for instance, survey figures undertook by district of Chau Thanh are bigger than informed figures of project and PAPs of Rach Gia Town were not shown in survey results). Total PAPs of project are 2,088 HHs but actual PAPs surveyed by local authorities are 3,593 HHs with 1.505 HHs more. On behalf Department of Planning and Investment. pp. Director Vice Director. - Acknowledged by; - PPC/permanent; (signed and sealed) - File:Adm. Nguyen Van Chanh 1- <<<}~~~~~~~~~~-T X~~ ~ Nt'E9. E -\ C OUY H-IOACI-C KH-lU TAI DINH-1 CU TAI AP HOA BINH XA MONG THO A H. CHAIU THANH ( KG) ty lW 1/ 5000 TONG DIEN TICH 2G.919 m2 CbC - +S 4,grl G 6 .-7 S& O E. - 4, -+ m ^ C8 b ng6y ve 4 //./96 1 ' TRINH [)UYET i r- imr D UN X +~ 0_ tOfO1BO TRi 71i0 C~SrADOThON6E XAMYLAM IH.ONDAT(IKG) 1*~~~~~~~~~~~~~~- 1|.... S .1 ' I0':yXr ;VLM i I -11 ; 1l: I. ' l . ~~~~~~~~~~~~~~~~~ .' l~~~~~~~~~~~~~~~~ I' _ , _ _ . _ ' . f~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ _ __ _ _ _ _ _~~~~~~~~ _ _ _ _ _ _ _ H _ _ _ _ _ _ _ _-~~~~~~~~~~~~~~~ QUY HOACH KHU -AT 'AI -INH CU TAI 4k HOA BIMNH XA MONG THO A H.CHAU THANH (KG) t 1/ 1000 66 78~~~~~~~~~~~~~ -F.- Z. - ~ 26H~ ~- C9 TttX 6,-N KINK XC 'At A dy ao 1A/ l3 /03 T=) DUYrT ',Quo-l V; '" vomp rxisi aL,.,46 -aA -&ANA e-ttAp M^Nwl V M. IlOA Do u1i0 -IO.ffll silu PAN CU' 611 70A XP NY l4t~N A1 ," 11W? A o . lAN Hlt ( KG _, _, _ AP *ItCP 9W TA~J- I 9 I.~~~~. KIlO K4/3 DV Kxi- QU;i tC A3= OI4Tl 'f 4 C04.oo-' S r1 Ci ' s 'C OAI 0 t 1 U Qi' 61 A 11 6IAI 'idA ^i ;, our TA&, 1if; P H. TAN HItP (KG) r L$ : J 5ooo GIAP XA MANNH .G X cliti c:nu "J tcOQP Kip" Qui ltodr4f * fci T i ThA Cl:>&,~~~~ ~~~~ .:-4h CLd WA F,~ flOA b C0iu flCJACII es*(J s- C' G AI fCA ^r Ts ^~ WAIdfiEl ^'H. T,&N H I P ( IG) (,IAP A LAN tiOA GIAP 44-T7 X TAN PHAT A GIAP 1/NHl (CAN\ lit6 c -4 t-~~ I.- o *.**. I GA'P4 X L -o .,''n' ' ' ' 7S;l -.i,# t,'4, -P r, TOD ' n Ou . tD4,tA 1 O 9 40, vLL Nap 9 A, qA. 1 . *~ ~~~~A - *- * v7~~~~~~~~~~~~~~~* '4u N L db d&v19 ~4I N 'V 4p N)j1 d,dr dvt aE1) d$IH NV., H, \ IftoA -f) QUi toCt tU "N CL GiAI TOA H. TAN HII' ( KG XA~ 7-AN fti^p J XA ,AN. iIEPP GiAt ?AU GiING XA TA/ 7^N 1aP -'\ \ ltt VUUc, DC KIEN QUI ttOACtt XXXA TifAmNl -DijC A RAN4t Cl&; ITEN GrAP ,i'p@ C, T1^ nA,- ? X ~~~~~~~~~~~~~~~~k'.* Tre.4~ L a o J_. FiV ot ' t ' TR I - quvy hqoci' I So DO \0 V I qu; ti7ich khu ddn cu xa BINH SON H HON AT (KG -_=&J~~~~~~~~~~~~~ - *,-i an-- s - C,e# 6,I -- - -ji-i>it-/ . / [ S f t > . u/\ i; t | g 4 {1 ,; A khu qu; hom r k .~~~~~~~~~ ,. La .g . . f sodc' son H.H4)NEBkr(KG) , n I *N.Ii- . SO zDO VilRl 8 ) un .. < < I |~~~~~~~~~~~~~~~~-a." khu qui hoach d_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ 1 3. ~~~~~~~~~~~ ~ ~ ~ ~ ~ fi~~~~~....a . .... 7-. ::~~~~~~~~~~~~~~~~~T .: ~~~ ~ ~~~~~~~~~~~~~~~~~ ak .... *1~~~~~~~~~~~~ 1.1-~~~~~~~~~~~~~~~I ~~~' ~ ~ ~ ~ ~ L 41~~~~~~~~~~~~~~~1 .| ^ -d -A 0 | ~ ' ; : .n S~~~~~~ ~ AP e"-, &c H. G QUAO (KG) t4 -' 1 G)iHCH J- ';H A ~~~~~II c - D g 0 *t < l /1 K=2 14 .S AO TH&J6G VA-CA ,, I' 'Xj. j- )./iM'I Ditsr 'rici-c 1(1'U j , 58O)l -~~ ~~ ~ . ~ - ..7- . .,-, * , _ r,5u ENr' tt r)CH +21 :YA6 = . 8 i 4'.GlI I-M - 0n'\.\ / 4. -7U SiEN Y)6 V.iuaG TRri nO:1L-t16 4,5t _Or.OOO _ rv( )tIA o, o->,; - G9M -i20 C AOCN '4,5 U -A34 1 :-C O N LAI='A r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __AOY zFtf C) 0o'- SGoM GcM -1^7 CAN x 4,5r) - 5 co. rt !~.;' l5fr.. -I -TrONc- coN('- - !525CA(N NIO X~~~ ;: / I \ --? > CC'Cl ( s e~~~~~~~~~~~~~~~>~ \ , '1-1' ,' ^+S its, 1 fk _+~~~~~~~~~~~~~~~~~~~~~~~~~~~' .-;\ . > ., . } .\ , . . .. ... . .. ........ . ~ ~ ~ ~ ~ ~ 4? I,, ). CAO~~~~~~~~~~~~~~~~~~~~~~~ ' i . ......... - Minh Hal (Ca Mau) :4q / , . binh, ga y th5rig 1 1x I Pf'i'U/SW r T R N H CONG vAN ON (V/vXydf d cL d i Do V^t kinh xang Ch& Wg thuig T14 E '2Bhi It3nh --k bb]z, VA XI LZA P4i . La*nbg : UBfl Ttnb Rinb Rh. B8n * lt fm"t& th*r 2-wc hi'. co-g van so 0W/3W / aS Y 5/12/1995 C& Dan qu-n ly d/ An dtang thly-h A p;b Vii Zisxy di,tog k Lftw - tji dn cJ cho so hg d di da d4 Wo v;t uA L18 klz2h x&g Ch.c aBu ta& trung tam is - 'T b'u3i dZiu Sp rsi1 vft Tnb i&za Giang. .;ay UNID lluy1n T'i bx d4 1d;n qui hoch kshu vVa b5 trt dan cu ui d3i nhir sau s 1)-- VI trt rexih gi;i : dSt tg l-c t2i khu vgc 1T14 trsn -hli bTnh , xB 'hSi bNhv v .:Z Tr! Ph5 -ihlas b&c gp Ti nh Uin gieag * tipb d&aS Srgip kinh x'aien "'aC bang phia nam lSp t;o 13 xe tw t14 t i..> gi'8p d1 dii t, (4a p* c' i tr'e9 - I) ug di4i tlch at S 96 ha ( ;ieu cli 16 k = ciebiu ring 60 m ) ?4c dTt vU& top Vs' - ')- tr sa dg git t'rong ku qul ho2ch 96 he - jat tbo eU ( ea' d5t 1i id , dLi 16 km- ngng a * ): 70,4 ha - t1 m giso thng ( 1G km x 16m) m ha'b _'rer d;y ii; di; kien ban iu d; phyc v3, cho yeu cau di clan ,,a t-i s O o Xst m xng tini n i bang L UD Hff#a :.ui b;oh kj. h Uzu D iu1 dmuH axe At chip thup - :.di nhin z Ti UBflD UJYBN 1TfrIf BtNH - 211. 'nh lnh is'i . .......C TICU - ;3 ..e lhoQch V{nh . . - _Lta - . /~~~7, .7-** - -7: lSfNK tSIU TA( J-I e ZZV \ \ / / / <v / X/' ' PF~~~~~~~~~~~~~~~~~~~~~~~iAM Vt 6jAg' to2 , , ,/J11I1/IIJJLjLL////, Y\ \ X YN 4 P.A C.t1 ____ ___ __ Annex 5 A pilot village 5.1 ANNEX 5 A PILOT VILLAGE The Mekong Delta is among the more prosperous regions of Vietnam. Yet living conditions of its people are markedly worse than in other parts of the country. Rural housing, particularly along the waterways, is substandard. Sanitation is poor, annual floods cause great discomfort, supply of drinking water is problematic and only 25 per cent of the rural households have electricity where the national average is over 50 per cent. In December 1994, the Government of Vietnam issued Decree 773 TTg, instructing Provincial Peoples Councils to prepare a master plan for resettlement on hitherto unused land of families living near lagoons and over or next to waterways. Decree 773 TTg furthermore specified that provinces should provide the new settlement areas with an adequate physical and social infrastructure to be financed from current provincial budgets. From discussions with local authorities it became evident that whilst the objectives of the Decree were wholeheartedly supported, the financing proved to be difficult. It is proposed that the Inland Waterways Project selects, from the resettlement areas (RA) already identified by the provinces, one site which, in the first place, will accommodate families displaced by the project, but will also serve as a model village offering an improved habitat for rural people. The Consultant has made a preliminary selection from the sites as submitted by the provinces, on the basis of following criteria: The Resettlement Area must be located in an area to be dredged in Year 1. e The location must be near a waterway section where a substantial number of PAF are to be relocated. These PAF rmust be predominantly non-farmers. e The site must have an adequate size and sufficient connections with roads and waterways. Area no. 3 (see Chapter 4.3) near Vi Thanh as proposed by the Province of Can Tho meets these criteria. The RA is within approx. 700 m west of the town of Vi Thanh and the main road running paraltel to the Xa-No Canal is located between the Xa No Canal and the proposed RA. This road is tarmac, in relatively good condition and connects with the town of Vi Thanh to the east and the nextvillage to the west. A small canal (Kinh Trung Doan) runs perpendicular, connects to the main Xa No Canal and is located to the east of the RA. The canal is approx. 20 m wide and has a depth of approx. LLW -2 m. The canal is presently used by canoes. This canal branches to the west (behind the RA) where it remains at the same depth for some 1000 to 1 500 m and returns to the Xa No Canal. Where the Kin. 'h Trung Doan Canal enters the Xa No canal there is a small low bridge connecting the tarmac road to the village. The bridge is timber piled with lateral steel truss and is called "Cai Nhuc". It is some 20 m long with a capacity of 8 tonne. Vertical clearance is about 1.5 m at high water. A small dirt track (approx. 3 m wide) running parallel to the Kinh Trung Doan Canal connects the tarmac road. A branch leads off from this dirt track towards the RA but is only some 1 00 m in length. This is the only access to the RA. Existing homesteads are iocated on both sides of this dirt track. 5.2 On the attached map a small medicine factory can be observed, located in the north eastern part of the area (on the corner of the tarmac road and dirt track). Further to the south is a school. Further to the south is an area used by the military. According to village authorities the proposed area is not subject to any form of flooding. In the RA itself the land is dry and at the same level as surrounding land. Nobody is presently living on this land. The RA is covered by vegetation (tall grass). Electricity is available in the surrounding area. Furthermore, the homesteads of the families to be resettled are within a distance of approx. 1.5 km of the proposed RA. In conclusion, it looks like a suitable location to resettle people. However, access to the main tarmac road via the dirt track will have to be created. Access to the canal behind the RA is not possible as homesteads are located on the bank of the canal. The new land could be created by pumping dredged spoil from Xa No Canal via the Kinh Trung Doan Canal and between bunds and drainage dredge water to the same canal. Pumping distances will be in the order of 500 to 750 m. Once the Government of Vietnam has approved the RAP preparations for the development of the RA will start immediately. A joint PMU/Vi Thanh District Committee will be established. The Committee shall include representatives of the PAF. The Committee will contract the Construction Department of Vi Thanh District to prepare a detailed physical plan for the area. The focus of the plan is to be on the creation of employment. Full benefits shall be taken from the RA's location near the main road. The plan shall include a central service area for a market, repair shops, petrol station and restaurants. A landing stage shall be constructed at the most suitable location on the waterway with direct access to the Xa No Canal. Dredging of the Kinh Trung Doan Canal may be considered. Ideally, the Cai Nhuc bridge should be raised to enable passage of bigger vessels and to move (part of) the floating market which presently disturbs shipping in the Xa No Canal to the Kinh Trung Doan Canal. The feasibility of this plan requires further study. Housing plots shall be prepared around the central service area. The physical plan shall be discussed with the prospective inhabitants of the RA and improvements suggested shall be taken into account. PAF shall be given the opportunity to participate as paid labourers in the preparation of the RA's infrastructure and all other construction work to be undertaken. This will not only provide the PAF with income but also foster community development. Care shall be taken that the families already living near the RA are consulted in the preparatory phase and asked to participate in communal activities. Contacts between host population and PAF in an early stage will facilitate a smooth integration. Suggestions for the execution of micro projects shall be considered by the joint PMU/Vi Than District Committee. Financing, at a maximum of 30 000 USD per project, shall be from resettlement budget contingencies. ANNEX 6 PROCEDURES TO ASSESS THE COMPENSATION TO PAPs WITH LEASED AGRICULTURAL LAND AT PRORATE BASIS FOR THE REMAINING PERIOD OF THE LEASE METHODOLOGY The compensation amount for PAPs whose leased agricultural land will be affected will be assessed as follows: 1. Determine the remaining time of the lease, 2. Determine the annual income from the affected land according to the type of crop and class of land - based on PAPs' response in the DMS and local authorities' knowledge of local conditions or taxation claims, 3. Multiply the annual income by the remaining time of the lease. ANNEX 7 PRELIMINARY DETAILS OF DREDGING Pro-ject: Inland Waterways and Port Modernization (the Mekong Delta - Viet Namn) I Volume Stretch of waterway Bottom width Dredged No of volume Remarks From (Km) To (Km) cross- mi3 l__ ___ ___ ___ ___ ___ ___ ___ ______section I A. Waterway from Ho Chi Minh City (HCMC) to Ca Mau 1 Deepening: Km 1 + 000 Km 8 + 000 30 m 11,065 (Can Giuoc) 2 Deepening: Km 55 + 000 Km 75 + 000 30 m 289,935 (Rach la - Cho Gao) 3 " :Km 107 + 000 " 115 + 000 26 m 265,145 (Cho Lach) 4 " :Km 154 + 000 " 161 + 000 26m 174,037 (Mang Thit - Tra On) 5 " :Km 167 + 000 ' 168 +000 26 m 1,348 6 " :Km 213 + 000 " 244 +000 22 m 943,157 (Xa No) 7 : Km 256 + 000 261 + 000 22 m 212,284 (Tat Cay Tram) (Nga Ba Dinh) 8 Widening: Km 273 + 000 " 306 + 000 22 m 1,089,443 Song Trem Canh Den 9 Deepening, widening: Km 223 + 000 330 + 000 22 m 113,586 (Song Trem-Tac Thu) 3,100,000 B Waterway from Ho Chi Minh City to Kien Luong 10 Km 1 + 000 Km 75 + 000 as waterway from HCMC to Ca Mau 11 Widening: ...... Km 163 + 000 " 184 + 000 26 m 327,493 (Lap Vo - Sadec) 12 Widening + Deepening: (Cai San - Rach Gia - Km 195 + 000 " 316 + 000 26 m 5,707,463 Kien Luong) 6,034,956 C Bend realignments * HCMC to Ca Mau: Rach La 13 - Bend 2: Km 54 + 000 Km 55 + 000 14 -Bend3: 55+000 " 56+000 Mang Thit 15 - Bend 7: Km 150 + 000 Km 151 + 000 ............. 54,126 16 - Bend 8: 151 + 000 " 152 + 000 ............ 75,312 Nga Ba Dinh 17 - Bend 9: Km 241 + 000 " 242 + 000 ............ 51,567 * HCMC to Kien Luong 18 Sadec -Bend4:Km160+000 Km 161 + 000 ............. 44,370 19 Cai San - Bend 5: " 192 + 000 193 + 000 ............ 21,562 20 Ba Hon - Bend 6: " 315 + 000 " 316 + 000 ............ 3,776 _____________________________ ______________ ____250,713 Notes: Dredged volume at river junctures and confluences is not included in this table. II Details of widening dredging (Source: canal design - design report (DR-001)) (Drawings: DR - VOLUMEN - AL, Canal alignement - COWI, June 1997) Drawing NoJ Widening section of chainage Widening Wid. side Administrative area canal section From To Length size Left (L) Village, District Province (of waterway) Km+000 Km+000 (i) (m) Right (R) Hamlet Conunune District town City 1 2 3 4 5 6 7 8 9 10 I Waterway of HCMC - Ca Mau (Sections A, D, F) Drg. No. A27A1001 - 1019/Section A - Rach Ong bridge (HCMC) to Ky Bon (My Tho) Bend-cut 52+560 52+780 220 56 R Xuan Hoa Thanh vinh D6ng Chdi Gao Tien Giang Bead-cut 54+800 55+150 350 112 R Xuan Hba Thanh vinh D6ng Cho Gao Tien Giang Bend-cut 55+320 55+528 208 56 L Khildng Tho Cho Gao Tien Giang Widening 61+336 61+376 40 2 R Quin Long Chg Gao Tien Giang Widening 65+752 65+780 28 2 R Tan Binh I Tien Giang Widening 66+512 66+532 20 2 R Tan PhM1 2 Tien Giang Widening 67+534 67+710 176 2 R _ T/t Cho Gao Tien Giang Widening 68+092 68+288 196 4-8 L Tien Giang Widening 68+318 68+410 92 4 R _ T/t Chd gao Tien Giang Widening 68+624 68+726 102 2 L Long Dmnh Tien Giang Widening 69+232 69+336 104 2 R _Tien Giang Widening 69+336 69+400 64 4 R Tien Giang Widening 69+500 69+540 40 4 L Tien Giang Widening 69+552 69+560 8 2 L Ti6n Giang Widening 69+800 70+010 210 4, R Binh Thanh TiOn Giang Widening 70+188 70+200 12 4 L Xuan D6ng Ti6n Giang Widening 70+500 70+600 100 2 L Xuin D6ng Ti6n Giang Widening 71+308 71+680 372 4-8 R Tin Long Tien Giang Widening 73+072 73+336 264 2-4 R Tin Long Tien Giang Widening 73+410 73+600 190 2-4 | L Tin Hoa Xuin D8ng Tien Giang Widening 73+672 73+778 106 4 R Song Blnrh Tien Giang Widening .74+1501 74+224 74 2 L Tan Hoa Xuan D6ng Tien Giang Total A 2976 _ . Page 1 I 2 3 4 5 6 7 8 9 1 0 D)rg. No. D 1001 - 1013/Section 1) Cho Lach to Tr a On Widening 108+900 109+200 300 2 L T/t Cho Lkich Cho Lach Ben Tre Widening 111+172 111+312 140 2 R Phung Chau B6n Tre Bend-cut 150+200 150+500 300 36 R Vinh Long Bend-cut 151+536 151+800 264 32 TL .Vinh lIong Widening 151+800 152+100 300 2 L Vinh Long Widening 155+450 155+700 250 2 L Vinh Long Widening 156+957 157-100 143 2 L Titelng tri B V-nh Long Widening 157+620 157+680 60 2 L Tittng tri B Vinh Long Bend-cut 167+576 167+712 136 40 L Mg Hing VTnh Long Total D 1893 1 2 3 4 5 6 7 8 9 10 Drg. No. F1001-1059/Section F - Can Tho to Ca Mau Widening 212+000 212+136 136 2 R I B Vi Thanh Can Tho Widening 212+524 212+656 72 4 R I B Vi Thanh Can Thd Widening 213+100 213+184 84 2 R Vi Thanh Can Thd Widening 215+228 215+500 272 2 R Vi Thanh Can Thd Widening 215+752 216+136 564 2-4 R ViThanh CanThd Widening 217+368 217+428 60 2 L Vi Thanh Can Thd Widening 217+572 218+184 612 4 L Vi Thanh Can Thd Widening 219+260 219+640 580 2 L LD Ap 4 Vi thanh Vi Thanh Can Thd Widening 219+708 220+036 328 2 R Vi binh I Vi Thanh Can Thd Widening 219+708 220+036 328 2 L LD Ap 4 Vi Thanh Can Thd Widening 220+100 220+192 92 4 R Vi blnh Vi Thanh Cgn Thd Widening 220+216 220+460 244 4 R Vi binh Vi Thanh Can Thd Widening 220+716 221+044 328 2 R Vi binh Vi Thanh Can Thd Widening 220+800 221+200 400 2 L Vi Thanh Can Thcl Widening 221+344 222+700 1356 4 R Vi Thanh Can Thd Widening 221+344 221+800 456 4 R Vi binh Vi Thanh Can Tho Widening 222+100 222+700 600 2 L LD Vj thanh 3 Vi Thanh Can Tha Widening 222+736 223+740 1004 4-8 R Vi binh Vi Thanh Can Thd Widening 223+720 223+860 140 4 L Vi Thanh CAn Thd Widening 224+900 225+000 100 2 L Vj thanh Vi Thanh Can Thd Widening 225+000 225+100 100 2 R Ap 7, Ap I Vi Thanh Can Thd Widening 225+288 225+436 148 2 L Vi Thanh CAn Thu WideningI225+328 226+300 972 12 R Vj D6ng Vi Thanh Can Thc. Widening 225+328 226+300 972 12 R Vi D6ng Vi Thanh Can Tho Widening 226+300 227+600 1300 12 R Vi Di6ng Vi Thanh Can Thd Widening 227+600 228+800 1200 8 R Vi D6ng Vi Thanh CAn Thd Widening 228+800 230+100 1300 8-12 R Vi D6ng Vi Thanh Can Th(I Widening 230+100 231+500 1400 12 R Ap 5 Vi D6ng Vj Thanh Can Thu Widening 231+500 233+000 1500 8 R Ap 5 Vi D6ng Vi Thanh Can Thd Widening 231+600 231+860 260 2 L T/t Vi thanh Vi Thanh Can Tho Widening 233+000 234+500 1500 12 R Ap 5, Ap I Vi D6ng Vi Thanh Can Thd Widening 234+500 235+900 1400 8 R Ap 3 Vi tan Vi Thanh Can Tha Widening 234+733 234+800 67 8 L Ap 5 T/t Vj Thanh Vj Thanh CAn Thu Page 2 Widening 235+100 235+550 450 4 R T/t Vi Thanh Vi Thanh Can Thd Widening 235+900 237+100 1200 2-4 R Ap 3 T/I Vi Thanh Vi Thanh Ca-n Thd Widening 236+550 237+000 450 2 L Ap II T/t Vi Thanh Vi Thanh Can Tho Widening 236+277 237+676 399 4 R Vi Tan Vi Thanh Can Thd$ Widening 237+724 238+388 664 4-8 R Ap 2 Vi Tin Vi Thanh CAn Thd Widening 238+400 238+716 316 2 R Ap 2 Vi Tin Vi Thanh Can Thd Widening 238+912 239+124 212 2 R Ap 2 Vi Tin Vi Thanh CAn Thd Widening 239+400 239+476 76 2 R Ap 2 Vi Tin Vi Thanh Can ThO Widening 240+300 240+900 600 4 R Ap I Vj Tan Vi Thanh CAn Thd Widening 240+900 241+100 200 8 R Vi Thanh Can Thu Widening 240+900 241+292 392 8-12 L H6a luu Vi Thanh Can Thd Widening 242+128 242+360 232 20 R Vinh H6a Hai V;nh hba hung nam Vi Thanh Can Thd Widening 242+800 242+900 100 4 L Hba ti6n Vi Thanh Can Thd Widening 242+964 243+044 80 4 R Vinh Hba Hai Vinh hoa hung nam Gb Quao Ki8n Giang Widening 256+800 257+500 700 4-16 R Gd Quao Kien Giang Widening 256+800 257+500 700 2-4 L G 6 Quao Ki&n Giang Widening 257+600 258+900 1300 2-4 L G0 Quao Kien Giang Widening 257+600 258+900 1300 2 R G6 Quao Kien Giang Widening 258+900 260+200 1300 4 L Vinh tuy 06 Quao Ki6n Giang Widening 259+800 260+200 400 8 R Vinh phudc 0b Quao Kien Giang Widening 260+340 260+864 524 4 L Vinh tuy Gd Quao Kien Giang Widening 273+124 273+800 676 4-8 L Vinh phong G| Quao Kien Giang Widening 273+464 273+800 336 12 R 06 Quao Ki8n Giang Widening 274+300 275+000 700 12-24 R Vinh binh nam 06 Quac Kifn Giang Widening 276+100 276+400 300 4-8 L Vinh phan G6 Quao Ki6n Giang Widening 277+450 277+800 350 8 L Vmnh Thuin Vinh Thuin Ki8n Giang Widening 278+400 278+864 464 2-4 R Vinh Thuan VTnh Thuan Kien Giang Widening 278+400 279+200 800 4-8 L Vinh Thufin Vinh Thuin Kien Giang Widening 279+500 280+300 800 4-8 R Vmnh Thuan VTnh Thuan Kien Giang Widening 279+500 280+280 780 4 L VTnh Thuan Vinh Thuan Ki8n Giang Widening 280+500 281+500 1000 4-8 R Vinh Thuan Vinh Thuan Ki8n Giang Widening 281+956 283+000 1044 4-12 R Vinh Thuan Vinh ThuAn Ki8n Giang Widening 282+500 283+000 500 4 L Vinh Thua.n VTnh Thuan Ki6n Giang Widening 283+412 284+200 788 2-4 L V3nh Thuan Vmnh Thuin Kien Giang Widening 283+412 284+132 720 4 R Vinh Thuan Vinh Thuan Kien Giang Widening 284+400 285+400 1000 4-8 L Vmhh Thuan Vinh Thuan KiEn Giang Widening 285+850 287+000 1150 2-4 R Vinh Thuan V7nh Thuan KiEn Giang Widening 285+850 287+000 1150 4 L Vinh Thufin Vmnh Thuan Kifn Giang Widening 287+100 288+300 1200 4-8 L Vinh Thuan VTnh Thun KiEn Giang Widening 288+300 289+800 1500 8-12 PR VTnh Thua,n Vinh Thuan Ki6n Giang Widening 289+800 290+200 400 4-16 L Vinh Thuan VTnh Thuan Kien Giang Widening 290+200 291+000 800 4-16 L Tri Phai Th(li Binh Minh Hai Widening 291+300 292+252 952 4-12 R Tri Phai Th(li Binh Minh Hai Widening 292+900 293+900 1000 4-8 R Tr! Phai ThAti Binh Minh Hai Widening 293+900 294+892 992 4 R Tri Phai ThAli Binh Minh Hii Widening 293+900 295+200 1300 2 L Tr! Phai Thdi Binh Minh Hui Widening 295+300 296+240 940 4 L Tri Phui Thhi Binh Minh Hui Page 3 Wioening 2960,-000 296+500 500 4-8 R Tr; PhEii Thdi Binh Minh Hai Wiiemnng 290i 500 2SXT,000 1500 8-12 R Tri Pha! Thdi B;DI r Mi n Hii Widening 29X+100 299+400 1300 4-8 R Thdi Binh Th6i Binh Minh Hai Whiening 300+050 302+100 1050 4 R Thdi Binh Thdi Binh Minh H'ai Widening 302+300 303+500 1200 4 R Thdi Binh Thhi Binh Minh Hai Widening 305+388 306+169 881 4-20 R Thdi Binh Thdi Binh Minh Hai Widening 323+340 323+432 92 8 R Thdi Binh Thhi Blnh Minh Haii Widening 324+200 324+600 400 4-16 L Thhi Binh Thdi Binh Minh Hii Widening 324+830 325+-100 270 8 L Thdi Binh Thdi Binh Minh Hai Widening 325+500 326+100 600 8 L Thdi Binh Thdi Binh Minh Hii Widening 326+652 327+300 648 8 L Thdi Binh Thdi Binh Minh Hai Widening 327+750 327+916 166 8 R Thdi Binh Thdi Binh Minh Hai Bend-cut 328+288 328+450 162 24 R Thdi Binh Thdi Binh Minh Hai Widening 328+684 328+900 216 8 R Thdi Binh Thdi Binh Minh Hai Total F 61125 Section A - Total of dredging length 2976 D- 1893 F 61125 Waterway HCMC - Ca Mau 65994 Page 4 1 Waterway of lCMC - Kien Luong (Sections B, C) 1 2 _ 3 1 4 _ 5 6. 7 8 9 10 Drg. No. BIOO0 - 1023/Section B - Cai Tau (Sa Dec river) to Vam Cong Ferry Widening 160+608 160+652 54 2 L D6ng Thap Widening 162+068 162+366 268 4 R D6ng Thap Widening 162+424 163+100 676 4 R Th6i mg d6ng Long hufng A Dong Thap Widening 162+720 162+800 80 2-4 L Long hung B 6Dong Thap Widening 163+1001 163+400 300 4 R D6ng Thap Widening 163+300 163+400 100 4 L Dong Thap Widening 163+560 163+960 400 2-8 R Long hung B DE6ng ThAp Widening 163+932 164+158 226 4 L iDng Thap Widening 164+404 164+508 104 12 L D6ng Thap Widening 164+600 164+940 340 2-8 R E)Dng Thap Widening 165+280 165+424 144 8 L E D6ng Thap Widening 165+600 165+850 250 16 R EoD6ng Thap Widening 166+280 166+400 120 8 L E_Dong Thgp Widening 166+500 166+736 236 4 L 6Dong Thap Widening 166+880 167+624 744 4 R HLung thanh d6ng Long hung B 96ng Thap Widening 166+900 168+100 200 4 L D6ng Thip Widening 169+160 170+200 1040 4 R VTnh h6i _D6ng Thap Widening 169+380 169+776 396 2 L Vnh hmi E_ D6ng ThAp Widening 170+200 171]+300 1100 2 L Vmh Thanh Dong Thap Witlening 171+400 172+500 1100 8 R VTnh Thanh D6ng Thap Widening 171+400 172+500 1100 8 L Vtnh Thanh 36ng Thap Widening 172+500 173+600 1100 8 L Vinh Thanh 36ng Thap Widening 172+500 173+600 1100 4 R Tgnan D6ng Thap Widening 173+600 174+800 1200 8 L Vinh phu E6ng ThAp Widening 173+600 174+800 1200 8 R Tin an D 6ng Thap Widening 174+800 175+900 1100 4-8 L Binh thanh D6ng Thip Widening 174+800 175+900 1100 4 R Binh thanh trung D6ngThap Widening 175+900 177+000 110 8 L Dong Thap Widening 175+900 176+736 836 4 R Binh thanh trung EDng Thap Widening 176+912 177+000 78 8 R Binh thanh tung _ 6ng Thap Widening 177+000 178+291 1291 8 L ID6ng Thap Widening 177+0001 177+250 250 4 R Binh hiep B Dong Thap Widening 177+836 178+100 264 4 R Binh hiep B D6ng Thap Widening 179+728 180+320 592 4-8 L Binh phd qutdi EDng Thgip Widening 180+536 180+736 200 4 L Binh phd qudi DongThap Widening 180+900 181+673 773 4 L Binh hoa _Dong Thap Widening 182+412 182+584 172 12 L Binh thanh Binh thanh Dong Thip Widening 183+900 184+200 300 2 L _ Dng Thap Widening 184+612 IX4+760 148 X R Binh thanh 1 Hoa an D6ngTh p IWRiening i g185+912 16+020 108 8 R Binhthanh I H<1i an Dxng,Thap _ ~~ ~ ~~~ I I I Total B 218901 1 I.-_ Page 5 1 1 2 3 t { 4 5 1 5 7 8 10 Drg. No. C1001 - 11OO/Section C Cai San to Kicn Luong Bend-cut 192+090 192+300 H( 28 L Thdi thuan Th;t N6o Can Tho Widening 192+308 193+100 792 4 R My thanh Thnt N6t Can Tho Widening 193+14) 194+400 126(0 2-4 R Thdi thanh My thanh Th6t NSt Can Tho Widening 193+400 194+360 960 2 L Th6t Nt Can Tha Widening 194+500 194+900 400 4 L Vinh lIan Vinh Trinh Th6t N6t Can Tha Widening 195+300 195t600 300 2 L Vinh lian Vinh Trinh Th6t N6t Can Tha Widening 196+300 196+600 300 4 R Vinh ISn VTnh Trinh Thot NMt Can Tho Widening 196+700 196+800 100 4 R Vinh ]an Vinh Trinh Th6t N6t Can Tho Widening 196+700 196+800 100 2 L VTnh Trinh Th6t N6t Can Tha Widening 197+050 197+750 700 4 R Vinh quy Vinh Trinh Th6t Nlt CAn Tho Widening 198+964 199+700 636 4 R Vinh thanh Vinh Trinh Th6t Not Can Tho Widening 199+700 200+400 700 4 R H6a tay B Th6t N61 Can Tho Widening 201+300 202+000 700 2-4 L Quy long Thanh qudi Th6t N6t Can Tho Widening 202+260 202+500 240 4 R Quy long Thanh qudi Th6t Not Can Tho Widening 202+750 203+150 400 2 R Th6t N6t Can Tho Widening 202+260 203+440 1180 2-8 L Quy long Thanh qudi Th6t N6t Can Thn Widening 205+200 206+132 932 2-8 R Th6t N& Can Tho Widening 205+700 206+168 468 2 L Quy long I Thanh qudi Th6t N6t Can Tho Widening 207+980 208+700 720 8-16 R Quy lan 4 Thanh qudi Th6t N6t Can Tho Widening 209+000 210+200 1200 2-4 R Th6t N6t Can Tho Widening 208+800 209+400 600 2 L Quy long Thanh qudi Th6t N6t CAn Tho Widening 210+300 21 1+200 900 2 R Quy lan 6 rhanh qudi Th6t N6t Can Tho Widening 212+176 212+900 724 4 R Phung phung Th?nhan Th6t Nft Can Tho Widening 212+900 213+376 476 4 R Th6t N6t Can Tho Widening 213+400 214+000 600 4 L Phung thanh Thanh an Th6t N6t Can Tho Widening 214+000 214+400 400 2 L Thanh an Th6t N6t Can Tho Widening 214+500 214+700 200 2 L Thanh an Th6t Not CAn Tho Widening 215+500 216+072 572 8 R Th6t N6t Can Tho Widening 218+300 219+100 800 8 R Thanh thang Th6t N6t Can Tho Widening 219+328 219+700 372 2 L Phung qudi Thanhthang Th6t N6t Can Thn Widening 219+800 220+700 900 8-12 R ApB I Thanh thang Th6t Not Can Tho Widening 220+700 221+500 800 4 L D6ng an Th6t N6t Can Tho Widening 222+500 223+400 900 2 L D6ng an Th6t N6t Can Tho Widening 223+400 224+800 1400 4 L D6ng an Th6t N6t CAn lTho Widening 223+800 224+000 200 4 R Tan phii Tan hiEp B Tin Hiep Kien Giang Widening 224+800 226+000 1200 2 L Thanh d6ng B Tan Hiep Ki8n Giang Widening 226+000 227+400 1400 2 L Thanh dOng B Tan Hiep Ki&n Giang Widening 227+400 228+600 1200 2-4 L Da ndi A Thanh d6ng B Tan Hi6p Kien Giang Widening 228+600 229+300 700 2 L Di nii A Thanh d6ng B Tan Hiep Kien Giang Widening 229+500 231+100 1600 8 R Tan thanh Tan Hi8p KiEn Giang Widening 231+100 232+400 1300 4-8 R Tan qudi Tan hiep A Tan Hiep Ki8n Giang Widening 231+100 232+247 1147 2 L D6ng phidc . Tan HiEp Ki6n Giang Widening 232+750 233+700 950 4 L Tan Hiep Kidn Giang Widening 233+200 233+800 600 4-12 R Tan qudi Tan hiep A Tan Hiep Ki6n Giang Page 6 Widening 234+900 235+700 800 4-X L Mong Tho B Ch5u Thanh Kien Giang Widening 235+800 236+400 600 2-4 R Hda binh M6ng tho A ChSu ThAnh Kien Giang Widening 236+800 237+300 500 4 R Chau Thanh Kien Giang Widening 237+200 237+800 600 2 L M6ng Tho B Ch5u Thanh Kien Giang Widening 238+400 239+000 600 4 L Hoa an M6ng Tho B Ch5u Thinh Kien Giang Widening 239+000 240+400 1400 4 L Hoa an . M6ng Tho B Ch5u Thanh KiEn Giang Widening 241+700 242+700 1000 2 L Hoa an MdnTho B Chgu ThAnh KiEn Giang Widening 243+300 244+250 950 4 R Hoa Idi Mong tho A Ch5u Thanh Ki&n Giang Widening 243+500 244+150 650 2 L Phufdc Iki Mong Tho B Chgu Thanh Ki8n Giang Widening 244+400 245+700 1300 4 R Hoa 16c MOng tho A Chiu Thanh Kien Giang Bend-cut 247+200 247+560 360 20, 40 R Hda 16c Mdng tho A Ch5u Thanh Kien Giang Widening 255+800 256+000 200 4 L Khu ph6 5 Chau Thanh Kien Giang Widening 256+612 256+732 120 4 R Phi Lh6ng Ch5au Thanh Ki6n Giang Widening 257+300 257+800 500 2 R Chau Thanh Kiln Giang Widening 257+560 257+632 132 2 L Vinh thanh Ch5u Thanh Kien Giang Widening 262+400 262+912 512 2-16 L Hifng ti6n My 15nim Hbn D5t Kien Giang Widening 265+850 266+172 322 4 L S6c son Hbn D5t Kien Giang Widening 267+348 267+672 324 4 L Thanh cong _ Hon D5t Kien Giang Widening 267+800 268+050 250 4 L Quylt lien Hon DEt Kien Giang Widening 268+300 268+896 596 4 R Quye6t thang _ Hn Dat KiEn Giang Widening 271+900 273+160 1260 4 L Ta l6c Sdn kien H6n D5t Kien Giang Widening 273+160 274+100 940 4-8 L Hon DE't Kien Giang Widening 274+500 275+800 1300 4 L Ap 8 San kien 1Hon Dit Mein Giang Widening 276+100 277+100 1000 4-8 L Hon D5 Kien Giang Widening 277+100 278+500 1400 4-8 L Chom sao San kien Widening 278+700 279+800 1100 2-4 L -on Dat Kien Giang Widening 279+800 281+100 1300 4-16 L Tri ton Ion Dat Kien Giang Widening 281+100 282+100 1000| 4-8 L H-on D5t Ki8n Giang Widening 282+500 283+600 1100 8 L HOn Da[ Kien Giang Widening 283+800 284+250 450 4 L HOn D5t Kien Giang Widening 284+700 285+200 500 4-12 L Hon D5t Ki8n Giang Widening 285+2791 286+400 1121 4 L HOn Dat Ki8n Giang Widening 286+400 287+700 1300 4-8 L H4n Da Kien Giang Widening 287+700 289+000 1300 4-8 L Holn Da[ KiEn Giang Widening 289+000 290+200 1200 4 L Binh thuan Binh Sttn HOn DWt Kien Giang Widening 290+200 291+500 1300 2-4 L Binh thu5n Binh Son Hbn DAt KiEn Giang Widening 291+500 292+800 1300 4-8 L Binh thufn Binh Sdn Hon D5t Kien Giang Widening 293+000 294+100 1 2-4 L Blnh Sdn Hbn D5t Ki8n Giang Widening 294+100 294+700 600 4-8 L VaM r5y Binh Son Hbn E5t KiEn Giang Widening 294+800 295+500 700 2 L Hon DKt Kien Giang Widening 295+7001 295+900 200 4 L Binh hoa Binh Sdn H6n DB't Kien Giang Widening 296+9001 298+200 130) 4 L Hion Dait KiEn Giang Widcning 298+2501 299+4)00 1310 2-8 L HOn DEa KiEn Giang Widlening 299+400 300+264 864 4-8 L H(5n Dit KiEn Giang Widening 300+336 300+500 164 8 L Hbn Dai't KiEn Giang Widening 302+7501 3013+350 600 4 | L Binh Sdn 1Hbn Dat KiEn Giang Widening 303+960) 304+847 8871 4-8 1 L Lung Lhn T/I Kien Lt(lng Ha Tien Kien Gian- Page 7 Widening 304+950 306+000 1050 4-8 L Lung Lhn T/t Kien Ltfong HA TiEn Ki6n Giang Widening 306+000 307+00C 1()00 4-8 L Lung Lhn T/t Kien Liuting HA Tien Ki&n Giang Widening 307+000 308+100 110() 4-8 L Lung Ldn T/t Ki8n Liuting HA Tien Kien Giang Widening 308+336 309+300 964 4-8 L Lung Ldn T/t Ki6n Lifting Hai Tien Kien Giang Widening 309+400 310+400 1000 4-8 L Lung Ldn T/t Kidn Lifting HA TiEn Kien Giang Widening 310+400 311+500 1100 4-8 L Lung Ldn Tlt Kifn Liuang Hi TiEn Kien Giang Widening 311+500 312+059 441 4 L Lung Ldn T/t Kidn Licing Hi Tien Kien Giang Widening 313+900 314+900 1000 24 R Lung Ldn T/t Kien Lung HA Tien KiEn Giang Widening 314+900 315+203 303 24 R Lung Ldn T/t Kien Ltldng HA Tien KienGiang Total C 78399 Section B - Total of dredging length I 21890 C - Total of dredging length 78399 Waterway HCMC - Kien Luong (from Sa Dec) B+C 100289 Two main waterways Waterway HCMC - Ca Mau 65994 Waterway HCMC - Kien Luong (from Sa Dec) B+C 100289 TOTAL (m) 166283 (166,283Km) Page 8 ANNEX 8 DEMARCATION WORKS DETAILED MEASUREMENT SURVEY 8.1 Guide to set up the safe line in demarcation works. 8.2 Formats of detailed measurement survey (for data base management). IN9LANI) WAhfUll\'Ayb AlSljS'S)h l(IS S1t4"M :MN t-I 04 I'oR(Ws(-I 11 SL-ITL.fEMENT AC-H)N PI AN (;itide o s t salei Ifl(e aine' de(Icfl AtiOil line. nSL IZp s shove 3in.- b 30m/26m/22m (subject to waterway designed section) The Inland Waterways and Can Tho Port modernization Project Number: . Canal: PROVIN E I................. Ca a: ............... P TROVINCE ..... ........................ House Address:. DISTRICT. COMMUNE/VILLAGE. ............................................ HAMLET: .............. .. .... Inventory of Project affected families Date: ..................................... A- SOCIAL ASPECT. 01 -Name of house owner: , (or) Name of the legal Householde Head: House owned ( or leased ( 02 - No.of Family Register: - House No.: - Street: - Hamlet: 03 - Race: -i. Vietnamo l -ii. China D -iii. Khmer _ -iv.Cham 0 -v. India (9 vi K'hoo 04 -Religion: -i.Buddhism C) -ii.Catholic Q -iii.Protestantismc -iv. CaodaismCo -v.Ancestors worship ( -vi.Islamico -vii. ( __ I .. 05 - Number of -i. Total -ii. Male -iii.Female -iv.Age 1 -16 -v.Age 17-21 -vi.Age over 21 -vii.Peoples have family members ................ persons ............... persons ... persons ..... persons .| ...... persons .| ...... persons job .....-persons 06 - Education -i.Illiterate -ii. Reading,writting -iii. Grade I -iv. Grade II -v. Grade III -vi.Higher education _ background | .persons.... persons .i ..... persons l...... persons .l ..... persons .l ...... persons .perso 07 - Conditions of life -i.Power station 0 -ii.Water supply: well (j piping c_l -iii. LatrineoQ -iv.Power(_ -v.Telephone Q -vi. Radio Q -vii. Television -viii.Broadcasting station -ix.Dist. to school ............. (min) -x.Dist.to market .......... (min) -xi.Dist.to medical center . (min.) -xii. Means for travel: - Bicycleo - Motobike ) - Boat ( -- Walking ) - Renting (motobike,coach,bus) Q N tote; - Nark x into appropriate 0 - House owner must give copies (confirmed by CPC) of Population Register, Identification Card to Head or Deputy Head of DMS team for checking before signing "Receipt" and handing them to house owner. - If need to note something, let's write them down on the page back.. INL-AND WA rER(WAYS AND t'OltNl MODEIZNIZAT1ON 'ROJUECT IuWSETTLEMENT ACTION PLAN (R.A.P) 7 ~~~~~~~~~~~~~~~~~~~F~~~~, (k,~~~~ 2,N NO M\ Ij 1K.i CA? s (1 ) - >1~ -2 C,XSE03) f ~~~~ASE(4 C-A FIG.10.1 Guide to set up the safe line and demarcation line Case solvings with houses and structures. - LEGEND: CASE SOLVINGS (REFERRING TO HOUSE - STRUCTURES) CAE (1) H(l)(HOUSE Nol): DISMANTLE PART (X) - PAP SI.: SAFE LINE 1i(2a)( - 2): NOT AFFECTED TSL: TOP SHORE - H(3)( - 3): RELOCATED -PAP NC: NAVIGAI]ON CHANNEL CAE (2) 11(4)(Fi_hTap 4): DISMANTLE - PAP PAP: PROJECT AFFECTED - li(5)C - 5): NOT AFFECTED MPIME CASE (3) I(6)(House No 6): NOT AFFECTED if(77.aouse 7): NOT AFFECTED CASE (4) 11(8)( _ 8): DISMANTLE PART Z - PAP H (9)( 9): - Y PAP H(l0)( - 10): Mr AFCED 2 B- AVERAGE INCOME (VNdong/month) (Main occupation + Additional occupation) -i. Occupation -ii. Number of -iii. Income per month -iv. Taxes -v. Remaining l peoples anmount .................... dong/mon. +Class ... Category ..... Level ......... ................... dong/mon. 08.Main occupation 1 ............................................... .................. or ....... kg/mon. taxe amount: ........ dong/month or .... kg/mon. .................... dong/mon. +Class ... Category ..... Level .......... .................. dong/mon. Main occupation 2 ............................................. .................. - or ....... kg/mon. - taxe amount: ........ dong/month or .... kg/mon. Sub -T otal: ........................... ............................ ....... ....I ...................... ................. o r: ........................... ......................... ....... ............... ...... ........................ ........... ........... 09. Add. occupation I ....................................................... ....... ..................................................................... ....... ........... .................. .................. .... ................................... ............................................................ ......................... Add. occupation 2 ...................................................... ............ ............................................................................ ................... ....................................3........ ................................................. Add. occupation 4 Sub -T otal: ........................... .................. .................. ........................... .................. or: ........................... ................... .................. ........................... .................. Average income of house owner ...................... dong/ (or: ..... kg paddy) month Notes: - Copies of agricultural,trading and industrial tax receipts (confirmed by CPC). - Regular allowances, retiring salaries will be aquivalent with main occupation - without tax. - Check Taxe Register to write down: categories,class,or tax level and tax paid recently. - Write down contents of main occupation, additional occupation clearly, what are products? - If house owners cannot calculate average income (dong/month or products coverted into dong/month) , let write down: income by dong/year or kg/month or kg/year, and average income will be recalculated at office after then: dong/month for each house owner. - Don't writc down additional occupati6ns without tax. 3 C- RELOCATION - REORGANIZING 10. Affected house: - i. Yes (9 - ii.No (9 -iii. In rural (7) - iv. In suburb (_) - v. In towniet ) - Affected residential land: - vi.No: Q - vii.Yes: Q 11.Preference of -i. Move backward 0 -ii.Relocate to resettlement sites 0 -iii. Commune provide land C -iv. Without preference 0 relocation: -v. Reorganizing by oneself ( (Land available 0 Purchase Distance from present residence . .......... km) 12. Time for relocation -i. 01 month 0 -ii. 02 months 0 -iii. 03 months ( -iv.04 months 0 -v. 05 - 6 months 0 -vi. More than 06 months or reorganizing -vii. Time fixed by Government for householders to complete their relocations: ...... months. 13. Lost income by relocation -i. Lost income ................. (dong or kg) -ii. Lost percentage .........% -iii. Lost profit before tax .(dong or kg) -iv. Lost percentage . % 14. What's occupation that -i.Old occupation () -ii. Agriculture(_) -iii. Industry () -iv.Business (_) -v. Service ( will be done after relocation? -vi. No line of action 0 15. Transport allowance i. Truck 0 ii. Boat, junk 0 iii. Arrange by oneself 0 | 16. Allowance of construction material -i. Brick (9 -ii. Wood () -iii. Ciment (7 -iv. Iron, steel (9 -v. Sand (_) -vi.Aggregates - rushed stones C -vii. Melaleuca C -viii.Nipa leaves C -ix. Labor request C) 17. Loan -i. In short-term: ................... dong -ii. In mid-term: ....................... dong -iii. For doing business: ................ dong -iv.For buiding of house: ................ dong -v. With morgaging properties ) -vi. Without morgaging properties