IRRIGATED AGRICULTURAL IMPROVEMENT PROJECT (IAIP) · 2016. 7. 10. · The subproject causes an impact on 02 communes of Duy Xuyen District in Quang Nam province. An area of 2,948

Project: Irrigated Agriculture Improvement (IAIP) - Quang Nam Subproject - Resettlement Action Plan

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SOCIALIST REPUBLIC OF VIETNAM

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

=============================================

IRRIGATED AGRICULTURAL IMPROVEMENT PROJECT

(IAIP)

ABBREVIATED RESETTLEMENT ACTION PLAN

QUANG NAM PROVINCE

(Draft 2)

Prepared by

IAIP Quang Nam Provincial Project Management Unit

July, 2013

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TABLE OF CONTENTS

LIST OF TABLES .................................................................................................................. 2 LIST OF MAPS AND CHART ................................................................................................. 3

ABBREVIATIONS.................................................................................................................. 4 Definition of terms ................................................................................................................. 5 EXECUTIVE SUMMARY ....................................................................................................... 7

1. INTRODUCTION ............................................................................................................... 9 1.1. Project and Subproject Background ......................................................................... 9 1.2 Mitigation measures for adverse impacts ................................................................. 11

1.3. Impacts of the Subproject ...................................................................................... 12 1.4 Objectives of the Resettlement Action Plan.............................................................. 14

2. Policy framework and entitlements ò the displaced persons ................................................ 15

2.1. Policy Framework ................................................................................................. 15 2.2. General Principles ................................................................................................. 20 2.3. Compensation and eligibility to compensation ......................................................... 21

2.4. Entitlement Matrix ................................................................................................. 21 3. Compensation and resettlement strategies ........................................................................ 29

3.1. Procedures for Payment of Compensation and Allowances...................................... 29

3.2. Income Restoration Strategy .................................................................................. 29 3.3. Vulnerable Affected Households ............................................................................ 30 3.4. Gender Strategy ................................................................................................... 30

4. Information disclosure and public consultation ................................................................... 31 4.1. Information Disclosure and Public Consultation during the RAP Preparation ............. 31 4.2. Information Disclosure and Public Consultation during the RAP Implementation ....... 33

4.3. Grievance Redress Mechanism ............................................................................. 34 5. Implementation arrangements .......................................................................................... 35

5.1 Central level ........................................................................................................ 35

5.2 Provincial level: Quang Nam Provincial People’s Committee .................................. 35 5.3 Quang Nam Provincial Project Management Project (PPMU) ................................. 36 5.4 District level ........................................................................................................ 36

5.5 Communal level and affected community .............................................................. 36 5.6. Community level ................................................................................................... 37

6. Monitoring and evaluation ................................................................................................ 37

6.1. Internal monitoring ................................................................................................ 37 6.2 External monitoring.............................................................................................. 38

7. Cost estimate and budget ................................................................................................. 38

7.1. Budget source for resettlement .............................................................................. 38 7.2. Compensation at replacement cost ........................................................................ 39 7.3 Resettlement cost .................................................................................................. 39

8. Implementation plan......................................................................................................... 40 ANNEXES .......................................................................................................................... 42 ANNEX 1 - SUMMARY OF OPTION PROPOSED TO THE IMPROVEMENT OF PHU NINH AND

KHE TAN RESERVOIR CANAL SYSTEM IN QUANG NAM PROVINCE ................................. 42 ANNEX 2 - SUMMARY OF CONSULTATION MEETING MINUTE WITH STAKEHOLDERS .... 46 ANNEX 3. LIST OF PARTICIPANTS IN CONSULTATION ..................................................... 48

ANNEX 4. SOME IMAGES OF THE CONSULTATION .......................................................... 50 ANNEX 5. ESTIMATES OF COMPENSATION AND ASSITANCE COSTS .............................. 51


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LIST OF TABLES

Table 1. Comparison between Vietnam compensation, assistance, and resettlement policy and the WB’s Involuntary Resettlement policy and other proposed policies of the Project .... 18

Table 2.Entitlement Matrix ........................................................................................................ 22

Table 3. Public meetings and consultations............................................................................. 32

Table 4.Cost estimate for compensation, assistance and resettlement .................................. 39

Table 5. Plan for preparation and implementation of the Resettlement Action Plan .............. 40

LIST OF MAPS AND CHART

Map 1. Geographical location of Phu Ninh reservoir-fed canal system............................................. 10

Map 2. Geographical location of Khe Tan reservoir -fed canal system.............................................. 11


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ABBREVIATIONS

AH Affected household

AP Affected people

CPC Communal People’s Committee

CPO Central Project Office

DCARB District Compensation and Resettlement Board

DMS Detailed Measurement Survey

DOLISA Department of Labor, Invalids and Social Affairs

DPC District’s People’s Committee

Hhd Household

IMA Independent Monitoring Agency

IOL Inventory of Losses

LURC Land Use Right Certificate

MARD Ministry of Agriculture and Rural Development

MOLISA Ministry of Labor, Invalids and Social Affairs

MONRE Ministry of Natural Resources and Environment

PAH Project Affected Households

Ppl People

PPMU Provincial Project Management Unit

PMU Project Management Unit

RAP Resettlement Action Plan

SES Socio-economic Survey

VND Vietnam Dong

WB World Bank

IAIP Irrigated Agriculture Improvement Project


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Definition of terms

Project Impacts Any impact directly related to land acquisition or legal limits in land use of the selected land area or reserved area. People directly

affected by acquisition might lose their house, farming land, business operation opportunity or other livelihood means. In other word, they might lose their ownership and residence rights or other use rights

due to land acquisition or access limit.

Affected People Are individual, people for business facilities affected directly in term of social affairs or economic due to acquisition of land and other assets

involuntarily by the project sponsor, causing (i) relocation or loss of residential area; (ii) loss of assets or access to assets; or (iii) loss of income or other livelihood means whether or not they have to

relocate. In addition, affected people (AP) are people whose livelihoods are adversely affected due to limit on access to selected areas and protected areas.

Cut-off date Cut-off date is the last day of the survey when all of the APs are inventoried. After the cut-off date, no more APs will be put into the inventory of APs. Affected households will be informed of the cut -off

date for each component of the project and anybody residing in the project area after this date will not be compensated or supported by the project policies.

Reasonability Eligible persons are those residing in the area affected by the project, subproject or other components of the subproject and those (i) whose livelihood is adversely affected (ii) with rights, ownerships or announcement of rights on any land area (agriculture land, grazing

land, temporary or permanent) or (iii) with productive assets such as those for businesses, jobs, working space, residence or (iv) whose access to assets is adversely affected (for example, fishing).

Replacement Cost Is the method used to identify the price of the assets to help calculate suitable compensation to replace for the lost assets and to pay for other transaction fees. For agriculture land, it is the market price

before the project implementation or at the time of compensation payment depending which one is higher, of the land that is equally productive or with equal use value in the area near the affected land,

in addition to the transaction fee to prepare for land to carry out production of the same value with the affected land, plus any registration fee or tax for transfer. For residential land in the urba n

area, it is the current market price of land at the time of compensation payment with the same area and land use purpose and infrastructures and services equivalent or better than the old

conditions and the land is near the affected land. For other resid ential land and structures, it is the market price of materials used for rebuilding replacement house/works with the same or better area and

technical standards of the affected house/structure, plus labor fees and registration and tax if applied. During the identification process for replacement cost, assets and materials are not depreciated as well as

other benefit values from the project. When the domestic law cannot guarantee the standards for compensation at replacement price, it is necessary to include additional measures to meet the requirements on

standards and replacement price. When this price calculation method is applied, depreciation of houses/structures and assets are not applied. For losses that cannot be easily calculated or compensated in

cash (for example, access to public services, customers and suppliers; or access to fishing, animal grazing or forestland), it is necessary to generate access to similar natural resources and

opportunities to similar income generating activities. These supports


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are separated and it is not the resettlement supports that will be provided.

Resettlement Based on the term of the World Bank(WB), resettlement covers all the direct losses in socio-economic terms caused by land acquisition and limit of access, as well as compensation and rehabilitation measures.

Resettlement does not limit to physical resettlement. Resettlement might, depending on specific cases, include (a) acquisition of land and structures on land including those for commercial purposes; (b)

physical dislocation; and (c) economic rehabilitation for affected households to improve (or at least restore) their livelihood and income level.

Vulnerable group These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households

without support, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty issues by MOLISA, (iv) children and the elderly households with no other means of

support, (v) landless households, and (vi) ethnic minorities.


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EXECUTIVE SUMMARY

1. Introduction: This Resettlement Action Plan (RAP) was prepared for the “Irrigated Agriculture Improvement Project (IAIP)”- Quang Nam Subproject funded by the World Bank. This

RAP was built based on the compensation and resettlement policy framework of the IAIP project and the results from socio-economic surveys, inventory of losses and public consultation. This Resettlement Plan also presents the criteria, eligibility for compensation of land and assets affected by

the subproject, description of the income restoration program, implementation arrangement, implementation plan, estimated cost, monitoring and assessment, participation in consultation of the community and grievance redress mechanism.

2. Impacts and scope of land acquisition: The subproject causes an impact on 02 communes of Duy Xuyen District in Quang Nam province. An area of 2,948 m

2 of land of 36 households (including

381 m2 of residential land and 2,117 m

2 of annual crop growing land) is acquired permanently for

improvement and upgrading of irrigation scheme, in which (i) 10 households are affected on their structures and residential land, (ii) 22 households losing annual crop growing land, and (iii) 231 trees of different types have to be cut down. Among the affected households, there are 18 vulnerable

households including 3 households eligible for more than 2 criteria including 2 single female -headed households who are also poor households and 1 single -female headed household who is the beneficiary of the government’s social policy.

There is no relocating household or severely affected household (losing more than 20% of the productive landholdings). There is no affected ethnic minority household.

3. Mitigation measures for the impacts caused by land acquisition and compensation: The

main components of the subproject include upgrading of irrigation schemes. In order to minimize impacts caused by land acquisition, the agency responsible for design proposed 2 alternatives for the upgrading of canal systems that would lead to the smallest possible impacts on acquisition of the

people’s land.

4. Socio-economic situation: The number of communes benefited from the subproject is 47 communes. In the area of 2 communes in the subproject construction area, people are mainly

engaged in agriculture. Poor households of the 2 communes account for 18.6%, which is higher than the ratios of Quang Nam Province and Duy Xuyen District. The average household size is 3.06 persons. Most of the households have monthly income level below 2 million (69.4% of the total

affected households). The education level of the household member on average is secondary school (31.8%) and primary school (23.6%).29% of the household members participated in vocational schools, university and higher education.

5. Policy framework and entitlement matrix: A compensation framework was prepared based on the current policies and regulations of the Government of Vietnam and the World Bank. This document will be a guideline for building the resettlement plan and implementation of resettlement in the

subproject area. The general objective of the policies and this resettlement document is to ensure that all the people affected by the subproject receive compensation for their losses with replacement price and market price. Support will be provided to severely affected households, relocated households,

households losing income sources and vulnerable households so they can restore their income level or living standard to at least pre-project level.

6. Consultation and community participation: All the affected people participated in the public

consultation for information of the subproject, impacts and recommendations for new living location. Responses from the public consultation were taken into consideration and updated in this RAP.

7. Implementation arrangement: Resettlement, compensation and support works are managed

and monitored internally by District Compensation and Resettlement Board(DCARB), Provincial Project Management Unit (PPMU), and Central Project Office (CPO). During the implementation process, there should be close coordination between the implementing agencies such as DCARB,

PPMU, local offices, communal staffs, local social organization and people affected by the subproject. An independent monitoring agency will be hired to carry out external monitoring of this RAP to ensure the desirable outcomes.

8. Grievance redress: During the implementation process, any concerns or complaints raised by affected people will be resolved based on the regulated procedure in the policy framework for compensation and resettlement of the project as well as the RAP of the subproject. Complaints will be


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resolved directly by the local authority and project staff in a fair and transparent manner with participation of the external monitoring agency. Those who file for complaints are not subjected to any

administrative fees.

9. Monitoring and evaluation: Staffs from PPMU and CPO are responsible for overseeing and monitoring of the implementation of RAP. In addition, external monitoring consultants will be recruited

to monitor the implementation process and carry out evaluation on the living conditions of the affected people throughout the implementation of resettlement plan and after the resettlement plan implementation is completed.

10. Cost estimate: It is estimated that the total cost for compensation and support is 5,163,246,297VND (equivalent to about 245,869 USD with exchange rate of 1 USD=21,000VND). This cost comprises of compensation for residential land, agricultural land, crop cultivation lands and

support for livelihood restoration and implementation of RAP. This cost will be provided by the project counterpart fund.

11. Implementation plan: Compensation, support and resettlement activities will be carried out

during the 1 year period from 2014 to 2015 and the DCARB of Duy Xuyen district are mainly responsible for the implementation.


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1. INTRODUCTION

1.1. Project and Subproject Background

1.1.1. Irrigated Agriculture Improvement Project (IAIP)

The Government of Vietnam proposed to the World Bank for a loan to carry out a project called Irrigated Agriculture Improvement ( IAIP) to provide support for development of agriculture in 07 provinces in the Central Coastal and Northern mountainous provinces including Phu Tho, Hoa Binh, Ha Giang, Thanh Hoa, Ha Tinh, Quang Nam and Quang Tri. The proposed project consists of the following components (i) Improved Water Management; (ii) Irrigation and Drainage Scheme Level Improvement; (iii) Climate smart agriculture support services; and (iv) National Policy Development, Monitoring and evaluation of the project.

Objectives of the Project

The development objective of the project is to improve the sustainability of irrigated agriculture production systems in the selected provinces of Central coastal and Northern mountainous provinces of Vietnam. The project was proposed in the context of the Government priorities to restructure the agriculture sector and increase the efficiency or public spending increase resilience to climate change and improve the broader framework for sustainable development of water resources. This development objective will be realized through rehabilitation of irrigation and drainage services, provisions of complementary advisory services, and strengthening institutional capacity at provincial, scheme and farm/community levels.

1.1.2. Irrigated Agriculture Improvement – Quang Nam Subproject

The Irrigated Agriculture Improvement – Quang Nam Subproject is proposed in order to:

Ensure reliable irrigation for 22,927ha (Phu Ninh: 19,427ha, and Khe Tan: 3,500ha). Gravity irrigated area increases, while the area irrigated by pumps is reduced, and no area remains without irrigation.

Irrigation is reliable for agricultural production for 1,800 ha of Duy Xuyen district affected by saline water intrusion and 200ha of Thang Binh district. Rehabilitate the drainage system of 07 communes in zone B of Dai Loc district.

Strengthen institutions and improve IMC capacity.

The Quang Nam irrigated agriculture improvement Subproject consists of 2 irrigation systems: Phu Ninh reservoir -fed irrigation canal system and Khe Tan reservoir-fed irrigation canal system.

Phu Ninh reservoir-fed irrigation canal system

Phu Ninh reservoir-fed irrigation canal system is located in the area of 6 districts and cites of Quang Nam Province including Tam Ky City, Nui Thanh, Que Son, Duy Xuyen, Thang Binh and Phu Ninh districts. This is a great reservoir-fed irrigation canal system in Vietnam. Phu Ninh system is built in order to ensure irrigation for an area of 19,427 ha, supply water for domestic, industrial and aquaculture purposes. The number of beneficiaries from Phu Ninh system is 360,454 people.


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Specific objectives of Phu Ninh reservoir -fed canal system improvement:

Rehabilitation of Phu Ninh reservoir-fed canal system towards modernization.

Replacing pumping stations that have become inappropriate for irrigation of 1,800ha of the Ba Ren command area as the water sources on the Thu Bon and Truong Giang rivers are affected by saline intrusion.

Increasing water conveyance efficiency of the canal system.

12% percentage of increase in agricultural production.

2,447 ha increase in area of cultivating high-value crops.

Number of water-users associations that actively operate and maintain irrigation and drainage structures increases from 20 cooperatives to 32 (each cooperative covers 500ha to 700ha). The lessons to be learnt from the performance and operation of these cooperatives shall be applied to extend to other irrigation areas.

Providing irrigation for Phu Ninh irrigation area and that on the left bank Ba Ren River which total area is 19,427ha.

Supplying water for domestic use, Q= 22,500 m3/day and night.

Supplying water for industries, Q= 3.44 m3/s.

Map 1. Geographical location of Phu Ninh reservoir-fed canalsystem

Khe Tan reservoir-fed canal system

Khe Tan reservoir-fed canal system is built in order to ensure irrigation for 3500ha and 50ha aquaculture and domestic water supply. The system is located in the area of Dai Chanh, Dai Thanh, Dai Thang, Dai Tan, Dai Phong, Dai Minh and Dai Cuong communes of Dai Loc District, Quang Nam Province. The number of beneficiaries of Khe Tan reservoir-fed canal system is 46,306 people.


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Specific objectives of Khe Tan reservoir-fed canal system improvement:

Reliably irrigated area in the Project area increases by 32%.

Increased water conveyance efficiency: the time to convey water from the headwords to the end of canal and primary canals shall be reduced significantly.

Supplying water for aquaculture: from 5.38 ha in 2012 to 50ha in year 2020;

Supplying water for domestic use: 1,000 x 106 m3/day

Percentage of increase in agricultural production is 12%.

Area of cultivating high-value crops increase additionally 1,000ha.

Number of water-users associations that actively operate and maintain irrigation and drainage structures increases from 0 cooperatives to 6 (each cooperative covers 500ha to 700ha). The lessons to be learnt from the performance and operation of these cooperatives shall be applied to extend to other irrigation areas.

Figure 1-1.Geographical location of Khe Tan reservoir-fed canal system

Map 2. Geographical location of Khe Tan reservoir-fed canalsystem

1.2 Mitigation measures for adverse impacts

Since the main components of Phu Ninh and Khe Tan reservoir-fed canal systems have been upgraded under the projects, namely Irrigation System rehabilitation (WB1), Forest sector development (WB3) and Vietnam Natural Hazard Management Project (WB5), under the IAIP Project, major activities of the Project will mostly focus on improving the schemes in order to increase water conveyance efficiency of the systems. However, when preparing the investment report, PPMU and design consultants still propose different options for analyzing and selecting mitigation measures for adverse impacts (i) caused by land acquisition; (ii) on trees and crops; and (iii) unexpected impacts on assets of people in the project area.

The design consultant has proposed 2 options for the irrigation schemes that need improving and upgrading. For each section of the scheme, based on the geographical and topographic conditions, the optimal option will be selected, including dredging canal bed and


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consolidating canal slope. The selected option has minimized land acquisition and only caused temporary impacts on some households.

This option was selected after the PPMU and representative of design consulting agency had consulted with the communes and representatives of the communities where canals are improved and upgraded had supported and commented.

Summary table of option proposed to upgrade Phu Ninh and Khe Tan reservoir-fed canal was shown in annex one.

1.3. Impacts of the Subproject

The Irrigated Agriculture Improvement Project in Quang Nam Province comprises 2 subprojects which are Phu Ninh reservoir-fed canal system and Khe Tan reservoir-fed canal system. Both subprojects cover 47 communes in 6 districts. In which, 5 districts are in the area of Phu Ninh reservoir-fed canal system, namely Nui Thanh, Phu Ninh, Thang Binh, Que Son and Duy Xuyen with a total of 40 communes and total natural area of 55,881.306 ha. Khe Tan reservoir-fed canal system only covers 7 communes in Dai Loc District with the total natural area of 14,777 ha.

Most of the populations in these above-mentioned 6 districts are Kinh people. Some people are ethnic minority people living in the highly mountainous areas, beyond the irrigation area. 100% of the households in the communes in the project area of Phu Ninh and Khe Tan systems are Kinh people1.

Since the construction activities are only carried out on the existing canals and limited to improvement and upgrading, the impacts caused by construction of both Phu Ninh and Khe Tan canal systems are not considerable.

During RAP preparation, no affected households are identified as ethnic minority. During project implementation when the impact becomes clear (following the detailed measurement survey and household consultation), in case ethnicity minority households are affected, consultation/social assessment will be conducted with affected EM households to determine whether an EMDP for the subprject is necessary - as per project's EMPF.

1.3.1. Khe Tan reservoir-fed canal system

The improvement and upgrading of canals in the Khe Tan reservoir-fed canal system do not cause land acquisition as well as impacts on trees, crops, assets and structures of any household.

1.3.2. Phu Ninh reservoir-fed canal system

In terms of land acquisition that would result in compensation, the most notable item is canal N30 to be newly constructed for Phu Ninh system. The canal would start at K44+315 on north main canals pass Ba Ren River and connect directly to Chau Hiep pumping station. Water shall be conveyed through Duy Xuyen District to irrigate 1,800 ha because currently used pumping stations are affected by saline intrusion. The canal is 4,500m in length; water shall be conveyed via Ba Ren River of 120m wide. Permanently affected land area would be 2,498m2. These impacts are concentrated on 4 communes of Duy Xuyen District, namely Nam Phuoc, Duy Trung, DuyPhuoc and Duy Vinh. The number of households affected by land acquisition is 36, 26 of which are in Nam Phuoc Town and 10 households in Duy Trung Commune.

Impacts caused by construction of the subproject are identified as permanent acquisition of land for improvement, upgrading and renovation of some irrigation canals. These impacts are identified as (i) Impacts on land; (ii) Impacts on structures and assets on acquired land; (iii)

1 Source: Statistical data provided by the communes in the project area.


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Impacts on trees and crops; and (iv)Impacts on the income of people. 22 households are only affected through agricultural land; 4 households are affected through structures and 10 households affected through trees and crops.

The temporary impacts caused by project construction include: (i) Gathering space for materials and equipment; (ii) Construction camps; and (iii) Temporary impacts during construction. Temporary impacts have not yet been identified. These impacts will be acknowledged when detailed designs of the subprojects are available.

1.3.2.1 Impacts on land

The total land area to be acquired is 2,498m2for the construction and upgrading of Phu Ninh canal system including 1.031m2of Nam Phuoc Town and 1,467 m2of Duy Trung Commune.

Residential land

381 m2of residential land will be affected by the upgrading of the canal scheme in Nam

Phuoc Town and 10 households will be affected with the average of 38.1m2/household.

Annual crop growing land

A total of 2.117m2annual crop growing land will be affected including 650m2in Nam Phuoc Town and 2,117m2 in Duy Trung Commune.

The number of household losing productive land is 22. All of these households are slightly affected (less than 20% of the total agricultural landholdings).

1.3.2.2. Impacts on structures and assets on land

There is no household losing houses or main structures. Only 4 households are affected on secondary structures including gate, well, concrete yard, and fence. All of these households are living in Nam Phuoc Town.

1.3.2.3. Impacts on trees and crops

Crops

The total affected land area for growing annual crops is 2,117m2, including 650m2 in Nam Phuoc Town and 1,467m2 in Duy Trung Commune.

Types of affected crops include maize, sesame, groundnut, bean and egg-plant of 22 households including 12 households in Nam Phuoc and 10 households in Duy Trung. Details are as follows:

Affected land area for growing maize is 160m2total between 4 households in Nam Phuoc.

Affected land area for growing sesame is 296m2 total between 3 households, including 1 household in Nam Phuoc (80m2) and 2 households in Duy Trung (216m2).

Affected land area for growing groundnut is 480m2total between 4 households in Duy Trung Commune.

Affected bean-growing land area is 1,111m2 total between9 households, including340m2between 5 households in Nam Phuoc (68m2/household on average) and 771m2between4 households in Duy Trung Commune (192.8m2/household on average).

Affected egg-plant growing area is 70m2total between 2 households in Nam Phuoc Town. There is no household losing rice-growing land.


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Trees

A total of 261 trees are affected and mainly concentrated in Nam Phuoc Town. Most of the affected trees are fruit-trees including canistels, custard-apples, papayas, bananas, mangos and jackfruits and some shade-trees such as “Bang Lang trees” (Lagerstroemia speciosa) and a small number of pot plants.

Impacts on business and income

The subprojects do not cause any impacts on income and business of business households.

1.3.2.4. Severely affected households due to acquisition of land and assets

There are no severely affected households (more than 20% of the productive landholdings) and no household losing house that has to relocate.

1.3.2.5. Vulnerable households

18 households belong to vulnerable group. In which, 3 households are eligible for more than 2 criteria: 2 female-headed households are also poor households and 1 female-headed household who is the beneficiary of the government’s social policy. Specifically, 18 vulnerable households are classified as below:

11 single female-headed households;

1 household has the disabled;

5 poor households; and

4 beneficiary households of the government’s social policy.

1.4 Objectives of the Resettlement Action Plan

The RAP was prepared using the policy framework for resettlement of the project to meet the requirements of the World Bank on involuntary resettlement. In this RAP, the followings are identified: the number of households affected by the project construction and its adverse impacts, mitigation measures for these impacts, compensation and other supports for the people affected by the project.

The RAP was prepared based on the followings:

Policies of the Government of Vietnam on resettlement and land acquisition;

OP 4.12, policies on involuntary resettlement by the World Bank;

Project Resettlement Policy Framework;

Decisions issued by Quang Nam Provincial People’s Committee on policies for resettlement, land acquisition and compensation to be applied in the area of Quang Nam province;

Design basis;

Survey on actual state;

Inventory of losses and the socio-economic conditions of the affected people in the project area;

Records of public consultations with affected people;

The RAP will be updated after details for technical designs are available and Detailed Measurement Surveys are carried out to identify the exact scope of subproject impacts.


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2. Policy framework and entitlements ò the displaced persons

2.1. Policy Framework

The Resettlement Policy Framework of the Vietnam Irrigated Agricultural Improvement Project (IAIP) has been formulated to guide the preparation and implementation of the Resettlement Plan for all subprojects which require land acquisition. The overall objective of the Project is to ensure that all APs are compensated for their losses of assets an assisted to improve their livelihoods and standards of living or at least to restore them to levels prevailing prior to the beginning of project implementation.

The Policy Framework is prepared based on laws and regulations of the Government of Vietnam and the World Bank’s Involuntary Resettlement Policy. The Constitution of the Socialist Republic of Vietnam recognizes and protects the house ownership rights. In addition, the Government of Vietnam has issued laws, decrees, decisions and regulations with regards to land acquisition, compensation, assistance and resettlement.

2.1.1 The Legal Framework of the Government of Vietnam on Land Acquisition and Resettlement

The Constitution of the Socialist Republic of Vietnam (1992) recognizes and protects house ownership rights. In addition, the Government of Vietnam has issued laws, decrees, and decisions constituting the legal framework on land acquisition, compensation, assistance and resettlement. The primary legal documents include:

The Land Law 2003, no. 13/2003/QH11, issued on November 26, 2003.

Decree 181/2004/ND-CP of the Government of Vietnam issued on October 29, 2004 guiding the implementation of the Land Law.

Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the State. This Decree is regarded legally as one of the most important documents which replaced the Decree 22/1998/ND-CP by the Government of Vietnam issued on April 24 1998, the first decree to form the basis for compensation and resettlement activities.

Decree No. 198/2004/ND-CP by the Government of Vietnam dated December 3 2004 on land use levy collection.

Decree 188/2004/ND-CP of the Government of Vietnam issued on November 16, 2004 on methods to determine land prices and assorted land price brackets.

Decree 17/2006/ND-CP dated January 27, 2006 on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law.

Decree 84/2007/ND-CP of the Government of Vietnam dated May 25th 2007 on revision of issuing Land Use Right Certificate (LURC), land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress.

Circular 06/2007/TT-BTNMT by the Ministry of Natural Resources and Environment dated June 15 2007 guiding the implementation of the Decree 84 of the Government.

Decree 123/2007/ND-CP dated July 27, 2007 on revision and supplementation of some regulations in decree 188/2004/ND-CP of November 16, 2004 on methods to determine land prices and assorted land price brackets.

Circular 145/2007/TT-BTC by the Ministry of Finance dated December 6 2007 guiding the implementation of the above-mentioned Decree 123/2007/ND-CP of the Government and replacing the Circular 144/2004/TT-BTC dated November 26 2004 by


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the Ministry of Finance guiding the implementation of the above-mentioned Decree 188.

Decree No. 69/2009/ND-CP dated August 13, 2009 by the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement.

Circular 14/2009/TT-TNMT by the Ministry of Natural Resources and Environment dated November 16 2009 guiding the implementation of the Decree 69/2009/ND-CP by the Government and replacing the Circular 116/2004/TT-BTC by the Ministry of Finance guiding the implementation of the Decree 197/2004 by the Government.

Ordinance 34/2007/PL-UBTVQH11 by the National Assembly dated April 20 2007 on exercise of democracy in communes, wards and townships. This Ordinance provides for the contents to be publicized to people including „projects, investment works and priorities, implementation progress, compensation, assistance and resettlement plans related to the projects and works in the area at commune level“, and

Decision No. 52/2012/QD-TTg dated November 16 2012 on the support policies on employment and vocational training to farmers who is recovered the agricultural land.

Besides, there are other laws, decrees and decisions related to land management, land acquisition, and resettlement including Construction Law 16/2003/QH11 dated November 26 2003 governing construction activities and the rights and obligations of organizations and individuals investing in construction of works and engaging in construction activities; Decree 105/2009/ND-CP by the Government of Vietnam dated November 11 2009 on the sanctioning of administrative violations in the land domain; Decree 12/2009/ND-CP by the Government dated February 12 2009 on management of work construction management projects and replaced the Decree 16/2005/ND-CP and Decree 112/2006/ND-CP on management of construction investment projects; Decree 131/2006.ND-CP by the Government Management and Utilization of Official Development Assistance (ODA); and Decree 70/2001/ND-CP by the Government on detailed regulations of marriage and family Law implementation, stipulates that all documents registering family assets and land use rights must be in the names of both husband and wife; Decisions of project provinces relating to compensation and resettlement in provincial territory will be also applied for each relevant sub-project.

Laws, decrees and decisions relevant to public disclosure of information include Land Law No. 13/2003/QH11, Article 39, requiring disclosure of information to affected people prior to recovery of agricultural and non-agricultural lands of a minimum of 90 and 180 days, respectively.

Decrees relevant to protection and preservation of cultural property include Decree No. 186/2004/ND-CP requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations.

2.1.2 World Bank’s Policy on Involuntary Resettlement (OP/BP 4.12)

The top objective of the Involuntary Resettlement Policy (OP 4.12) of the World Bank is to require the project owner to study, examine and consider all viable alternative designs to avoid involuntary resettlement or at least mitigate the adverse socio-economic impacts caused by involuntary resettlement. OP 4.12 also promotes participation of displaced people in resettlement planning and implementation. Its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy also prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers to prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.


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For the preparation and implementation of project activities involving land acquisition, compensation, resettlement, and restricted use of natural resources, the WB’s policy requires close consultation with the affected population to define the appropriate mitigation of the potential negative impacts addressing ethnic, gender, and other vulnerable group issues. The policy also specifies the need for information disclosure to the APs, monitoring and evaluation of compensation and resettlement implementation, and budget and capacity of the implementing agency. The objectives and key principles of the Involuntary Resettlement Policy are as follows:

a) The acquisition of land and other assets and resettlement of the project affected persons will be minimized as much as possible by considering all viable alternative project designs;

b) All APs identified in the project area as in the baseline surveys. They are entitled to compensation, restoration and rehabilitation measures sufficient to assist them to at least restore or otherwise improve their pre-project living standards, income earning capacity and production levels. Lack of legal rights or documentation will not bar APs from entitlement to such measures.

c) The compensation measures will be provided include (i) in cash compensation at replacement cost for houses/shops and other new structures without deduction or depreciation for salvaged materials; (ii) productive land-for-land replacement of equal productive capacity acceptable to the APs; (iii) replacement of commercial and residential land of equal size acceptable to the APs; (iv) displacement and rental allowances.

d) Replacement agricultural land residential land shall be as close to the affected land as possible and acceptable to the APs.

e) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the APs to meet their demands.

f) The compensation and rehabilitation activities will be satisfactorily completed before awarding of contract of civil works under each sub-project.

g) Funding sources for compensation and assistance for the APs will be arranged as follows: compensation for business land, residential land, and productive land will be covered by the land fund of the villages approved by the concerned authorities and in-cash compensation for affected structures, trees and crops, and income will be covered by the counterpart fund of the Province.

2.1.3 Key Differences between the Government and WB’s Policy

There are a number of ways in which the approaches of the Vietnam Government – either in policy or practice – are compatible with World Bank guidelines. Key congruence includes:

Vietnam has procedures in which most of the people without legal land use rights but are able to meet the requirements to legalize are eligible for compensation.

People with permanent residence records can select among resettlement options including moving to better resettlement areas, or receiving in-cash compensation, or combination of both.

The new resettlement areas for APs are not only equipped with better infrastructure and public services but also higher living standards.

Assistances are provided for APs during transition time and organizations and mechanism are arranged and established through which people are informed, negotiate regarding compensation and can lodge complaints.

As for households that are not eligible for compensation, the Government provides them with assistances and, in accordance with the World Bank policy, such


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assistances have to be implemented in order to ensure that the APs can restore their living standards.

Principles for land compensation and assistance are defined in the Article 14 of the Decree 69/2009/ND-CP dated August 13 2009, detailing “Land used for a certain purpose which is recovered by the State shall be compensated with new land with the same use purpose. If no land is available for compensation, compensation equal to the value of land use rights calculated based on land prices at the time of land recovery decision will be paid. Incase land is compensated with new land or residential land or a house for resettlement, any difference in value shall be paid in cash” and Articles 8 and 9 of the Decision 23/2010/QD-UBND by Quang Nam Provincial People’s Committee.

Table 1. Comparison between Vietnam compensation, assistance, and resettlement policy and the WB’s Involuntary Resettlement policy and other proposed policies of the Project

Policy World Bank’s OP 4.12 Government of Vietnam Policy applied for the Project

Assets, Land

Objectives Physically or

economically affected people must be provided with compensation and

assistance to improve or at least restore their living standards to the

pre-project levels.

Resettlement areas and

infrastructure must be better or at least equal to the conditions of the

previous areas.

Livelihoods, income

and assets must be restored at least to the pre-project levels

if not improved.

Unofficial or illegal

land users

Providing assistances

and livelihoods restoration measures for all affected people to

achieve the policy’s objective.

Providing assistances at

different levels depending on the “illegal” levels of the

land users.

Providing assistances

and livelihood restoration measures for all affected people

regardless of their legal status or land use rights.

Compensation/assistance for the

structures of the affected people without fully legal

status towards land use

Compensate at replacement cost and

other assistances for all structures regardless of their legal status.

Provided to cover the new structure costs.

Depending on the “illegality status” attributed, covering

between 80% and 0% of the total costs.

Assistance at replacement cost for

all structures equal to or better than the affected assets and

structures, and provided regardless of legal status

Compensation

Methods determining replacement costs

The compensation for land and other assets must be equal to the full

replacement cost.

Compensation level for the affected land and assets is calculated at

the price close to the transaction cost of such assets in the market.

The provincial authorities have the rights to determine the

annual prices for different properties.

Qualified independent expert will be engaged to determine

market prices for the project which will be used as input by the

authorities for determining compensation

amounts according to the replacement cost. The prices are


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Policy World Bank’s OP 4.12 Government of Vietnam Policy applied for the

Project

established in

consultation with the APs.

Compensation for loss of income

All lost incomes will be compensated

Only compensate for lost incomes of the businesses with

registration

All lost incomes will be compensated/ supported fully and

improved or at least restored to the pre-affected levels.

Compensation for indirect impacts

caused by land acquisition

A good practice is that the borrower will conduct

a social assessment and take mitigation measures to minimize or reduce

adverse socio-economic impacts, particularly to the poor and vulnerable

groups.

Not mentioned. Conduct a social assessment and take

mitigation measures to minimize or reduce adverse socio-

economic impacts, particularly to the poor and vulnerable

groups.

Livelihood

restoration

Deliver assistances and

livelihood restoration program to achieve the policy’s objectives.

Carry out livelihood

assistance and restoration measures; there are no following

measures to ensure that livelihoods are fully restored after the

completion of resettlement.

Deliver assistances

and livelihood restoration measures to achieve the

objectives of the policy. The project is not considered as

completed until the policy’s objectives are obtained.

Public disclosure and consultation

The participation of the project’s stakeholders in

preparing and implementing project plays an important role

to the success of the project. The participation indicates participation in

verifying the eligibility criteria as well as access to grievance

mechanisms. The affected people must be provided with information

regarding their options, entitlements and consulted about the

proposed options.

Mainly limited to sharing information and

publicizing documents.

Public participation and consultation are

designed and implemented so as to obtain the project’s

objectives.

Participation and consultation

procedures should be ful ly documented.

Grievance redress

mechanism

Grievance redress

mechanism must be independent and highly responsible in solving

concerns of the affected people.

The agency issuing

decisions on compensation and resettlement is also

responsible for solving complaints, which does

An independent

mechanism must be established and fully documented.


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Policy World Bank’s OP 4.12 Government of Vietnam Policy applied for the

Project

not ensure the

independency of the grievance redress mechanism.

Monitoring and Evaluation

Internal and external monitoring should be

conducted.

There is no clear requirement regarding

monitoring including internal or external monitoring.

Both internal and external monitoring

and reporting should be carried out.

2.2. General Principles

The key project principles for compensation, assistance and resettlement include:

Acquisition of land and other assets as well as displacement of the affected households will be minimized as much as possible. In case land acquisition is unavoidable, compensation and assistances will be provided for affected people satisfactorily.

Compensation will be determined based on an independent valuation of land/property in a timely manner and in consultation. All fees and transfer tax on land and/or house will be exempted or included in the compensation package for the land and structure/house or business. Local authorities will ensure that APs that choose self-relocation will be granted certificates of land use rights and housing or the official certificate required commensurate with the compensation package similar to those opting for resettlement sites of the project at no additional cost.

Land will be compensated based on "land for land" compensation or in cash at the option of the affected people whenever possible. Those who lose 20% or more of productive land have the rights to choose land-for-land compensation. If the land fund is not available, the borrower must ensure and be approved by the World Bank that it is the case. Those who lose 20% of productive land area may need additional support in order to restore their livelihood. These principles also apply to the poor and those in vulnerable groups that lose 10% or more of productive land. It is essential to have necessary documentation to prove that there is no suitable land to be used for resettlement purposes to meet the requirements of the World Bank.

The affected people that choose the "land for land" compensation will be given land with the equivalent capacity of the affected land or provided with a standard land plot in a resettlement area near the previous living place, and cash to compensate for the difference between the affected land and the new allocated land. The resettlement area will be properly planned and implemented in consultation with the APs. The entire basic infrastructure such as roads, sidewalks, drainage facilities, water supply, power lines and phone lines will be provided.

The affected people who opt to fort in-cash compensation will be compensated at full replacement cost. These APs will be supported in restoring livelihoods and arranging self-relocation.

Compensation for residential structures, commercial structures, or other types of structures will be paid at replacement cost without deduction and depreciation for salvage materials. The structured will be assessed separately. If compensation is determined by the type of structure, the cost of the structure with the highest value in the structure group will be used (rather than using the lowest value).


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Affected people will be provided with full assistance (including transport allowances) to transport their belongings apart from the compensation at replacement cost for house, land and other structures.

For affected people who do not have to relocate, compensation and assistances should be delivered at least 30 days before site clearance. In case of compensation for land and resettlement, it should be carried out at least 60 days before. Exceptions for vulnerable groups should be considered as they might need more time.

If at the end of the project, livelihoods are not restored to the pre-project levels; additional measures should be considered to achieve the objectives of the policy. Resettlement activities of the project cannot be considered as completed if the objectives of the Resettlement Plan have not been obtained.

Financial services (such as loans and credit) will be provided for affected people if necessary to help achieve the livelihood restoration objective. The amount to be paid back and payment schedule should be within the capacity of the affected people, including the vulnerable groups.

Additional efforts such as economic restoration, training and other assistances should be provided for the affected households losing income in order to increase their potential in the future in restoring and improving livelihoods. Vulnerable groups might need additional assistances in such aspect.

Services and resources of the community enjoyed by the affected people before the project implementation will be maintained or improved in the resettlement areas.

2.3. Compensation and eligibility to compensation

The affected people are those affected by:

(i) Involuntary land acquisition leading to:

a) Displacement or loss of houses;

b) Loss of assets or loss of accessibility to assets;

c) Loss of income or livelihood means regardless of whether they have to relocate or not;

(ii) Involuntarily restricted access to protected forests, causing adverse impacts on their livelihoods.

All APs who are identified in the project-impacted areas on the cut-off date of the Project will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to enhance, or at least restore, living standards, incomes and production capacity relative to pre-project levels. The cut-off date will be the final day of the detailed measurement survey (DMS) in each subprojects/investments. Those who encroach into the investment area or build new properties (renovate, build new house/structure, plant new crops and trees) after the cut-off date will not be entitled to compensation or any other assistance, if being affected.

Based on the types of impacts and category of the APs and their entitlements the Project sets up specific entitlements to each type of APs satisfactorily which is showed in the entitlement matrix below. Detailed technical design, DMS and social assessments will identify actual impacts and replacement cost surveys will be conducted to determine compensation rates to update in the entitlement matrix.

2.4. Entitlement Matrix


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Table 2. Entitlement Matrix

Type of Loss Entitled Person Entitlement Implementation Issue

Entitlement to Compensation

Permanent loss

of productive land (22 households)

Users with Land User

Rights Certificate (LURC),

users eligible to acquire

LURC

Losing less than 20% (10% for the poor and vulnerable households)

of total landholding:

Cash compensation at replacement cost which is equivalent to the current market value of land within the village, of similar type,

category and productive capacity, free from transaction costs (taxes, administration fees).

DRCs inform the APs at least

3 months prior to land acquisition.

9 households losing more than 20% of their

productive land and 1 vulnerable household losing

55% of the productive land

Losing 20% or more (10% for the poor and vulnerable households) of total area of productive land holding:

as a priority, a replacement land nearby with equal productive

capacity acceptable to the APs would be provided with land title or land use certificate without any fees, OR cash compensation at replacement cost in case replacement land is unavailable or at the

request of AP; AND entitlement to receiving rehabilitation and allowance package as defined below for severely affected PAPs.

If the remaining land is not economically viable, at the request of APs, the Project

will acquire the entire remaining land and compensate for entire area at

replacement cost.

Users without LURC or ineligible users

Compensation for land at replacement cost if there are no disputes, and no violation with announced planning.

If conditions for compensation are not met, PPC considers support by

specific cases.

DRCs should work with Communal People’s Committees (CPCs) and

affected communities to identify origins of affected land and the starting point of

land use to determine compensation or not.

Users with temporary or lease rights to use public land

Cash compensation for crops/assets on the land at the market price, and

Cash compensation for the amount of the remained investment put on

the land or the remained value of the land rental contract.


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Permanent loss

of residential land (13 households)

Users with LURC, or

eligible to acquire LURC.

With sufficient remaining land to reorganize and/or rebuild

houses/structures complying to planning of locality:

(i) Cash compensation at replacement cost for acquired land area, (ii) cash for improvement of remained residential land (e.g. filling

and leveling) so that APs can move back and build house on the remaining land, and (iii) provision of sufficient allowance and housing rental allowance.

Without sufficient remaining land to reorganize and/or rebuild houses/structures:

(i) Replacement land compensation in resettlement sites or in

commune, with the category and equal to quota of local residential land, without any charge for taxes, registration and land transfer fee, and land title or land use certificate. In the case that compensation

land area is narrower than the acquired area, the difference will be compensated with cash at replacement costs; if the compensation area is larger than the acquired one, the APs do not have to pay for

the difference; and full allowance package for relocated households, OR

(ii) Cash compensation at replacement cost which is equivalent to the

current market value of land of similar category, free from transaction costs (taxes, administration fees), plus full allowance package for relocated households.

DRCs inform the APs at least

6 months before land acquisition.

Compensation must be

provided at least 30 days prior to the time of land acquisition for non-relocated

households (HHs) and 60 days for relocated HHs.

Resettlement sites must be

developed with full infrastructure and based on consultation with relocated

APs.

Users without legal or unrealizable land use

right

Compensation for affected land through either replacement land or cash payment at replacement cost if no encroachment, no dispute

and no violation with announced planning and certified by the CPC, otherwise no compensation for land but only compensation for on -land assets at replacement costs.

If the APs have no other residence, PPCs consider allocating the residential land or house and rehabilitation and allowance package for the APs.

DRCs in combination with CPCs and affected

communities identify the eligibility of land for compensation

Compensation for loss of rental

status

Renters of Project affected houses and

land

Compensation for all on-land assets at replacement costs, and

A transportation allowance provided to tenants.

DRCs in combination with PPCs and affected land

owners determine eligibility of land and assets for compensation.


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Support renter to find a new

rental house if required

Renters of State or

organization’s houses

Provided with new apartment for rent if possible, OR

Assisted at 60% of value of the rented land or house at replacement cost.

Temporary loss of land

Legal users or occupants

For agricultural land: (i) cash compensation at market prices for trees and crops on land affected and net incomes lost during the period of temporary use of land by the project; and (ii) restoration of

temporarily used land to its original status within one month after completion of construction. For residential land: (i) cash compensation at replacement costs for fixed assets affected by the

project (e.g. works, structures); and (ii) restoration of temporarily used land to its original status before handing back to land owners. If the project could not restore the temporarily used land, DRCs would

negotiate with APs and pay for costs of restoring.

In the case of contractors using temporary land for camping or putting materials, they should negotiate with APs about

compensation and restoration after use.

The construction supervision consultant and IMO will be responsible for monitoring

reinstatement.

Illegal users of

occupants

For agricultural land: compensation at market price for current

affected crops.

For residential land: compensation for assets on the affected land and provision of transportation allowance.

Totally affected houses/shops,

and secondary structures (kitchen, store

house, livestock shelter) or

partially affected

but no longer viable

Owners of affected houses/ shops

regardless of status of land use rights.

Cash compensation at replacement cost for new houses/shops, structure with no deduction for depreciation of the structure or

salvageable materials; and rehabilitation and allowance package for APs, including allowance of housing rent during construction of new house. Rental al lowance levels are defined by the PPC to be

appropriate to the local situation.

Adequate time provided for APs to rebuild/repair their

structures.

Partially affected Owners of affected Cash compensation at replacement cost for the affected part and Reparation cost should be


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houses/shops

and secondary structures but remaining part is

viable

houses/ shops

regardless of status of land use rights.

cost for repairing the remaining part without depreciation of

salvageable materials.

negotiated with APs by

DRCs

Loss of business

income due to land acquired

Owners of shops with

registration

Cash compensation for affected shops at replacement cost, plus all

costs for dismantling, transporting, and installing assets (if any).

The APs will be assisted with amounts equivalent to monthly net income for at least 6 months.

Monthly net income is

verified through tax agencies.

If business households have

to be relocated, then a priority to provide a replacement business site

accessible to customers.

3 households Owner of shop without

business registration

Support by cash equal to average monthly income of the HH for at

least 3 months.

The average monthly income

will be determined through interviews with the APs to obtain an estimation of

monthly net profits.

Crops and Trees

(35 households)

Owner of crops and

trees whether or not land is owned

If standing annual crops are ripening, cash compensation at market

price equivalent to the highest production of crops over the last three years.

For perennial crops and t rees, cash compensation at current market

value based on type, age, and productive capacity.

For timber trees, cash compensation at current market value based on type, age and diameter at breast height (DBH) of trees.

DRCs should inform APs at

least 3 months before land acquisition.

Affected public structures

Structure users Compensation at replacement costs to build new structures of equivalent technical standards.


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Displacing

affected graves

Owners of graves Compensation for removal of graves will be paid directly to APs,

including costs of excavation, relocation, reburial, purchasing/ obtaining land for relocation of graves and construction materials (in case of constructed graves), and all other reasonable costs in

accordance with local rituals.

Avoiding displacement of

graves through design options or selection of replacement locations. If it is

unavoidable, executing agency should consult APs on their customs for the

grave relocation.

Entitlements to Allowances

Allowance for acquired

agricultural land in residential areas

Legal APs having land to be acquired in rural

or urban residential areas.

Apart from compensation at replacement costs for the acquired land, cash allowance will be provided, equivalent to from 20% to 50% of

the average residential land price in the areas yet not exceeding 5 times of norms of residential land in the localities.

PPCs decide the percentage of allowance for application in the

provinces.

Paying one time for APs at the compensation payment

time.

Allowance for

affected gardens/ ponds that are not considered

residential land

APs having their

garden/ pond acquired in the same land plot where there are

residential land, yet garden/ ponds are not considered residential

land

Apart from compensation for acquired land at replacement costs, APs

will be provided with cash allowance, equivalent to from 30% to 70% of prices of nearby residential land.

PPCs decide the reasonable percentage of allowances.

Paying one time for APs at

the compensation payment time.

Allowance for

differences of residential land/houses

Displaced persons

The displaced people who receive residential land and/or houses at

resettlement sites yet the compensation and allowance amounts are less than the value of one standard resettlement land plot will be provided with allowances for such differences; in case of not

receiving residential land plot or houses at resettlement sites, cash will be provided with amounts equivalent to such differences.

Allowance for base leveling

Displaced people have to relocate themselves

The displaced people who have to relocate themselves will be provided with an amount in cash equivalent to the investment amount for infrastructure for a household at resettlement sites.

Allowance for job Legal PAPs with direct Apart from compensation for acquired agricultural land at Paying one time for APs at


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changing/job

creation

production activities on

acquired land areas

replacement costs, APs will also be provided with allowances with

one of the two following options:

(i) allowance for vocational training/ job creation in cash, equivalent to 1.5 to 5 times of the compensation amounts for all areas of acquired

land yet not exceeding the norms of agricultural land assignment in the localities; OR

(ii) Allocating one residential land plot or an apartment or a

commercial land plot, if the local land funds are available.

PPCs decide the allowance amounts for application in the provinces.

If APs’ members in the working age have demands of vocational

training, they will be provided with one free course of vocational training.

the compensation payment

time.

Transition subsistence allowance

Relocating households – relocating on residual land or to other sites

Relocating APs will be provided with cash or in-kind assistance equivalent to 30 kilogram (kg) of rice per person per month at current market value for 6 months.

Severely affected APs

losing 20% (10% for poor and vulnerable households) or more of

their productive land/ income-generated assets

APs directly cultivating on affected land and losing:

From 20% (10% for poor and vulnerable households) to 30% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market

price) per person per month for 3 months if no relocation, 6 months if relocation, and 12 months if relocation to sites with harsh socioeconomic conditions.

More than 30% to 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 6

months if no relocation, 12 months if relocation, and 24 months if relocation to sites with harsh socio-economic conditions.

More than 70% of their productive land/ income-generated assets will

be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 12 months if no relocation, 24 months if relocation, and 36 months if relocation to

sites with harsh socio-economic conditions.

Transportation Relocating households Support for transfer all old and new building materials and personal

possessions by cash with an amount not less than VND 2,000,000


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allowance to other sites per relocating HH. This allowance is not applicable for on-site

resettlement. PPCs regulate reasonable allowance amounts.

Allowance for

housing rent

Relocating households

(including on-site relocation)

Support for renting house during construction of new house, for

minimum of 6 months per household. PPC decides the rent but not less than VND 600,000 per month in rural and 1 (one) million in urban area.

The support should be

provided at the time of compensation.

Allowance for people of the

vulnerable group

People of the affected vulnerable group, e.g.

the poor (according to the MOLISA criteria), or households headed

by women, the elderly, or disabled, people without land or ethnic

groups

Apart from the aforesaid allowances, PAPs are entitled to:

An allowance of 30kg of rice (at current market price) per person per

month for 3 months for the non-poor household.

An allowance of 30kg of rice (at current market price) per person per month for the poor household for not less than 3 years. PPCs decide

reasonable numbers of supported years.

Entitlement to participation in agriculture extension programs, credit.

The contractors will make all reasonable efforts to recruit severely

affected and vulnerable APs as laborers for suitable jobs in the project.

The poor households will be those meeting the current

poverty criteria as set by MOLISA. The allowance should be paid one time at

the same time with compensation payment.

Bonus for timely relocation

Relocating households Apart from all above entitlements, cash bonus not less than amount of VND 5,000,000/HH for relocating households that dismantle structures from affected land in a timely fashion.

Payment to be made directly to households immediately upon removal.


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3. Compensation and resettlement strategies

3.1. Procedures for Payment of Compensation and Allowances

The District Compensation, Assistance and Resettlement Board (DCARB) is responsible for payment of compensation and allowances to APs. This will be done with assistance from commune and hamlet authorities. The procedures to be followed include:

Complying with the RAP approved by the PPC. According to approval decision, approved plans of compensation, assistance for resettlement, overall and detailed site clearance of the district.

o 1/ Money for plot measure, making compensation plan and evaluation of the compensation plan is transferred via the district treasury to the district compensation councils.

o 2/ Budget for compensation, assistance and reward are paid directly for the affected households in several times by Phu Ninh PMU.

The DCARB and local authorities notify AHs about the date, time and place as well as documentation required, for payment of compensation and allowances; compensation is paid in each commune. At least one week notice is given to AHs; notification is made by posting an announcement at commune and hamlet offices.

At the time of payment, the head of AHs signs a compensation document to acknowledge the amount and receipt of payment.

Representatives of the CPCs and mass organizations including the Youth Union, Women’s Union and Farmer Association will supervise the compensation payment process.

3.2. Income Restoration Strategy

Regarding severely affected APs losing 20% or more of their productive land/ income-generated assets, they are entitled to the following assistances:

From 20% (10% for poor and vulnerable households) to 30% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per person per month for 3 months if no relocation, 6 months if relocation, and 12 months if relocation to sites with harsh socioeconomic conditions.

More than 30% to 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 6 months if no relocation, 12 months if relocation, and 24 months if relocation to sites with harsh socio-economic conditions.

More than 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 12 months if no relocation, 24 months if relocation, and 36 months if relocation to sites with harsh socio-economic conditions.

For households losing agricultural land, apart from compensation and assistances as described above, they are entitled to job supporting and vocational training policy for people in the working age (Decree 52/2012). Accordingly, APs losing agricultural land will be provided with the following assistances free of charge:

o Vocational training assistance including: short-term vocational training (primary level and vocational training less than 3 months) or intermediate and college level with one-course fee paid by the State. Vocational training expenditures are


30

included in the total cost of the investment project or approved compensation, assistance and resettlement plan;

o Job-creation: consulting for vocational training, introducing jobs free of charge at the Job Centers under the provincial Department of Labor, Invalids and Social Affairs (DOLISA). In case a business receives several labors who lose agricultural land to work will be entitled to preferential policies regarding land, credit, and tax according to current regulations.

Severely affected households due to loss of 20% of productive land or more (10% for vulnerable households) are entitled to: (i) provision of replacement land or supporting in buying replacement plan; (ii) agricultural input materials to increase productivity on the remaining land area and/or replacement land; and (iii) income restoration programs will be designed and carried out in consultation with the APs during the project implementation period.

3.3. Vulnerable Affected Households

According to the compensation policy framework, vulnerable affected households are entitled to participate in income restoration programs conducted by the Project. Assistance packages will be provided for vulnerable households.

Apart from the above-mentioned assistance, the vulnerable affected households are entitled to:

An allowance of 30kg of rice (at current market price) per person per month for 3 months for the non-poor household.

An allowance of 30kg of rice (at current market price) per person per month for the poor household for not less than 3 years. PPCs decide reasonable numbers of supported years.

Entitlement to participation in agriculture extension programs, credit.

The contractors will make all reasonable efforts to recruit severely affected and vulnerable PAPs as laborers for suitable jobs in the project.

3.4. Gender Strategy

Based on the gender strategy proposed in the Irrigated Agriculture Improvement Project Policy Framework, specific activities will be formulated and carried out during the project implementation process as follows:

(i) Consult women to determine criteria for replaced land or improving current land, especially in planning for current lands and maintain the family as well as set up the relationship with services and public facilities such as school, health organization, market and economic activities.

(ii) AHs consultation about proprietary arrangement will ensure that women (including women who head their family or are members of family) know thoroughly about their selections and obligation; and women’s opinions are reviewed.

(iii) Project construction contract includes gender equality commitment: i) ensure not to use child and illegal labor; ii) not discriminate, against woman labor; and iii) equal pay for women and men.

(iv) Resettlement information system of project will ensure that all documentation and supervisors do not discriminate by gender.

Women who head AHs or members of sub-project community will be encouraged and supported in participating fully in sub-project resettlement implementation and planning.


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These activities and the resettlement policy framework aim at creating good conditions for participation, including:

(i) DCARB and CPCs will ensure that the resettlement planning and implementation will involve the representatives of the Women’s Union as well as women who are household heads or members of AHs.

(ii) The affected women and representatives of the Women’s Union will participate in the Community Supervision groups regarding environmental and social related issues.

4. Information disclosure and public consultation

Information disclosure for the affected people and involved departments/ organizations is an important part of the project preparation and implementation process. Consultation with the APs and ensuring their active participation will reduce the risks of conflicts and delay of the project. This also enables the Project to design the resettlement and restoration program as a comprehensive development program which is appropriate to the needs and priorities of the affected people, thereby maximizing the socio-economic efficiency of the investment funding. The objectives of the information disclosure and public consultation program include to:

(i) Ensure that the competent authorities as well as local representatives of those affected, were involved in planning and decision making. Project Management Units worked closely with the Province People's Committee, district and communes/town in the project implementation process. The participation of the affected people during implementation were continued by requesting the district to invite representatives of the affected people to be members of district Compensation and resettlement Council/Board and to participate in resettlement activities (property evaluation, compensation, resettlement, and monitoring).

(ii) Share information on all items and activities expected of the project affected persons.

(iii) Collect information on needs and priorities of those affected, as well as receive information about their reaction on policies and activities planned.

(iv) Ensure that those affected can be fully informed of decisions directly affecting their incomes and living standards, and they had the opportunity to participate in the activities and decisions about issues directly affecting them.

(v) Achieve coordination and participation of affected people and communities in activities necessary for planning and implementing resettlement.

(vi) Ensure transparency in all activities related to land acquisition, compensation, resettlement and restoration.

4.1. Information Disclosure and Public Consultation during the RAP

Preparation

The objectives of public meetings organized during the RAP preparation are to provide information and consult with the APs and key stakeholders in terms of: (i) project information; (ii) objectives of the subproject based on the initial design; (iii) policies, principles and procedures regarding land acquisition, compensation, and resettlement; (iv) implementation plan; and (v) initial estimates of land acquisition and grievance redress procedures.

The participants of the consultation meetings include the project affected households, representatives of the mass organizations including Farmer’s Association, Women’s Union and Fatherland Front and commune authorities in the project area.

Key information disclosed in the meetings is as follows:


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(i) introduction to the subproject; (ii) initial design and land acquisition requirements of the subproject; (iii) requirements regarding land acquisition and site clearance; (iv) loss calculation method; and (v) policies of the Government of Vietnam and World Bank on involuntary resettlement.

Two consultations and information disclosure meetings were carried out in 2 affected communes where land acquisition is required.

The first consultation round was conducted in late February and early March 2013. This consultation round was organized in 47 communes of 6 districts for both subprojects. More than 100 people participated in these meetings including representatives of the affected households, CPCs, Fatherland Front, Women’s Union and DPCs. The Table 3 below shows the time, place and number of participants of the meetings.

Table 3. Public meetings and consultations

No. District/ Commune

No. of affected

households

Date Place Number of participants

Including

People’s Committee/

mass organization

s

Community

Male Female

I First round

6 districts

and 47 communes

2 – 3/2013

150 100 37 13

II Second round

Duy Xuyen 36 34 8 17 9

1 Nam Phuoc

Town

26 19/0

4

Meeting

hall of the Town

People’s

Committee

22 4 12 6

2 Duy Trung 10 18/04

Meeting hall

of the

CPC

12 4 5 3

TOTAL 36 34 8 17 9

Source: Consultation during RAP preparation, 2013.

For the second round, consultations were conducted during SES and IOL surveys. The targets of the second public consultation round are mainly affected households, representatives of the hamlets (hamlet leaders) and representatives of the affected communes. A total of 34 people participated in the public meetings and consultations, of which, 26 people were from the affected households (17 males and 9 females) and 8 people from the local authorities and mass organizations of two communes.

Feedbacks from the project affected households and mass organizations mainly focus on the following:

People are very happy and expect that the project will soon take place. If water source to Phu Ninh available, agricultural production will be improved and output will increase. Although people lose land area, it is insignificant compared to the benefits brought


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about by the project. In addition, the canals are mainly expanded and upgraded on the existing canals, not newly constructed.

It is suggested that the construction activities should be carried out in a quick and careful manner to avoid unexpected impacts on crops. The CPCs should supervise construction activities. Compensation should be delivered beforehand and people should be informed of implementation schedule.

Design should take into account that Chau Hiep hamlet in Nam Phuoc Town is often inundated in the rainy season. Canals should not be higher than the current road surface and yards of the households. If it is much higher than the yard level, it will be very difficult for people to traverse and they will have to rebuild the way to their houses.

People are concerned that the area where they live (Duy Trung Commune and Nam Phuoc Town) is at the end of the water resource; when the canal improvement is completed, if the water flow is strong enough to ensure the irrigation, otherwise using pumps will be more active. The people are afraid that there will be no water for irrigation when needed and when there is flood, if the reservoir discharges water, there will be losses for them.

Summary of meeting minutes, list of the participating households and some images of consultations are shown in the annexes two, three and four.

4.2. Information Disclosure and Public Consultation during the RAP

Implementation

4.2.1. Information Disclosure and Public Consultation

During the project implementation, the PPMUs/DCARBs with the assistance from the Project Consultants are responsible for the following:

(i) Providing information for the relevant agencies at all levels through workshops; providing detailed information regarding project policy and implementation procedures.

(ii) Organizing information disclosure and consultation for all APs during the project cycle.

(iii) DCARB carries out detailed measurement survey (DMS), updates compensation unit prices based on replacement cost surveys and confirms the land acquisition scope and impacts on assets based on results of consultation with the APs; build and finalizes the Compensation calculation plan for affected assets of each affected household.

(iv) The compensation plan specifying the affected assets and entitlements to compensation of the affected households shall be signed by the APs to indicate their agreement with the results. Any query of the AP regarding the plan has to be recorded at this time.

(v) Mail/questions related to resettlement plans must be sent to the relocating households to (a) inform them about the resettlement options (with clear explanations of each option); (b) require the APs to confirm their selection of resettlement options and preferences of resettlement area locations; and (c) require the APs to specify the services they are currently using such as education, healthcare, market and distances to such services in order to ensure the development of infrastructure and services in the future.

(vi) Consult with the APs about their expectations about the restoration program. This activity aims at the severely affected households and vulnerable affected households. CARB will inform the APs about the options and their entitlements to technical assistance before asking them to indicate their expectations about the program.


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Public Consultation: Prior to RAP updating according to the detailed designs, the PPMU/DCARB will organize public meetings in each affected commune to provide additional information for the APs and give them opportunities to discuss the resettlement policies and procedures publicly. Invitations are sent to all APs prior to each meeting. The purpose of these meetings is to clarify available information and give APs chance to discuss issues they are concerned. Other information disclosure channels should also be used including posting at the public places, district and commune People’s Committees, using local loudspeaker system, radio and newspapers. Both male and female members of the affected households as well as community members who are interested in are encouraged to participate. In the meetings, project information, entitlements of the APs will be explained. The meetings are also a chance for APs to ask questions and raise their concerns. Such meetings will be periodically organized during the project cycle.

Project Information Leaflet: A leaflet providing information of the Project will be prepared by CPO and delivered to the APs during the project preparation as well as implementation periods to ensure that people are aware of the benefits brought about by the Project as well as compensation and assistance policies as defined in the RPF.

4.2.2 Public Disclosure

Apart from information disclosure to the APs and their communities, the RPF and RAPs shall be distributed to the project communes and districts. In addition, the RAP is also available at the offices of the PPC, PPMU as well as at the Information Centers of the World Bank in Hanoi and Washington.

4.3. Grievance Redress Mechanism

Complaints related to any aspect of the project will be handled through negotiation in order to reach concurrence. All complaints will be documented and kept at the CPC and DPC as well as addressed by the PPMU through transparent and active consultation. Grievance records and reports are allowed to be access publicly. All fees that might be incurred in the resolution of grievances and complaints are paid by the project implementing agency.

The grievance redress mechanism is described as below:

First stage, at Commune People’s Committee: An aggrieved affected household may bring his/her complaint to any member of the CPC, directly or through the head of hamlet, in writing or verbally. It is incumbent upon said member of CPC or hamlet leader to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 5 days following the lodging of the complaint to resolve it (Note: in remote and mountainous areas, the complaint should be resolved within 15 days. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles.

Upon issuance of the decision of CPC, the complainants can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the DPC.

Second stage, at the district level: Upon receipt of the complaint from the household, the DPC will have 15 days following the lodging of the complaint to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles.

Upon issuance of the decision of DPC, the complainants can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the PPC.

Third Stage, at the provincial level: Upon receipt of the complaint from the household, the PPC will have 30 days (or 45 days in remote and mountainous areas) following the lodging of the complaint to resolve the case. The PPC is responsible for documenting and keeping file of all complaints.


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Upon issuance of the decision of PPC, the household can make an appeal within 45 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the court within 45 days. PPC then has to transfer the compensation into a keeping account.

Fourth stage, the Court of Law Arbitrates: Should the complainant file his/her case to the court and the court rule in favor of the complainant, then Provincial government agency will have to increase the compensation at a level to be decided by the court. In case the court rules in favor of the PPC, the complainant will have to receive compensation as described in the approved compensation plan and obey all requirements of land clearance.

To ensure that the mechanism described above is pragmatic and acceptable to APs, consultation with local authorities and affected communities about this mechanism is needed, taking into account particular cultural features as well as traditional mechanism in addressing and solving grievances and conflicting issues. Regarding EMs, culturally appropriate decisions should be made to find acceptable solutions.

5. Implementation arrangements

Implementation of the Resettlement activities requires participation of organizations and local agencies at all levels. The PPC has the key responsibility in implementation of the general Policy Framework and Resettlement Plan of the subproject. The Provincial/district Compensation Assistance and Resettlement Boards will be established in line with regulations of Decree 197/2004/CP, Decree 84/2007/CP and Decree 69/2009/CP. Terms and policies of the Policy Framework and these abbreviated Resettlement Plans provide the legal basis for implementation of the compensation and resettlement activities in the Vietnam Irrigated Agricultural Improvement Project-IAIP in Quang Nam province.

5.1 Central level

The Ministry of Agriculture and Rural Development (MARD), on behalf of the Government, is the main unit responsible to direct the implementation of the whole project.

The Central Project Office (CPO) under MARD is assigned by the Ministry to be project investor, having the general responsibility land acquisition and resettlement in the project, including:

Co-operate with Quang Nam PPC to direct the implementation of compensation and resettlement, ensuring compliance with regulations in RPF and in accordance with construction progress.

Organize training and capacity strengthening for the PPMU of Quang Nam province and the District Resettlement Committees (DRC) in implementation procedures of RPF and RAP.

Coordinate with the PPMU to conduct internal monitoring on the implementation of compensation and resettlement in the whole project.

Recruit and coordinate the resettlement independent monitoring agency for the whole project.

Report periodically resettlement issues to MARD and WB.

5.2 Provincial level: Quang Nam Provincial People’s Committee

Quang Nam PPC is responsible for site clearance, compensation and resettlement within Quang Nam province. Responsibilities of Quang Nam PPC consist of:

Inform or authorize the District People’s Committees to conduct information disclosure about land acquisition right after the subprojects’ positions are selected.


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Issue decisions on land acquisition of the agencies.

Approve the Resettlement Action Plan of the subproject.

Approve the compensation plans of the subprojects according to regulations of the government on compensation, assistance and resettlement as well as the involuntary resettlement policies (OP4.12) of the World Bank.

Approve the master land acquisition plan.

Direct the District People’s Committees in implementation of compensation, resettlement and site clearance.

Allocate the budget for compensation payment sufficiently and in timely manner.

5.3 Quang Nam Provincial Project Management Project (PPMU)

The PPMU is responsible for the construction component of the project: the PPMU will manage the implementation of compensation and site clearance in the project, including:

Submit RAP of the subprojects prepared during the project implementation to the PPC and the World Bank for approval before compensation payment is conducted.

Closely coordinate with the Departments and People Committees of the districts in the project in resettlement and site clearance in order to ensure that resettlement and s ite clearance are implemented in accordance with the construction plan.

Internally monitor the preparation and implementation of the RAP in subprojects; prepare quarterly progress report on compensation and resettlement implementation to CPO.

5.4 District level

The District People’s Committee has the following responsibilities:

The DPC directs the District Resettlement Committee, District’s Land Fund Development Centre and People’s Committees of the affected communes in implementation of the compensation, resettlement and site clearance.

Approve the compensation plans submitted by the District Resettlement Committees.

Issue decisions on land acquisition of individuals and households.

Settle the complaints and grievances of affected people at district level.

The Compensation, Assistance and Resettlement Committee (referred to as District Resettlement Committee-DRC) is responsible for implementing compensation and site clearance for construction in district area, including:

Carry out replacement cost survey in the district area.

Coordinate with the Commune People’s Committees to implement information dissemination and consultation with the affected people’s community.

Conduct the DMS and prepare compensation plans for APs and submit them to Provincial/District People’s Committees for its review.

Coordinate with the PPMU and People’s Committees of the affected communes to implement compensation payment and site clearance.

Settle complaints of affected people and assist the District People’s Committees to address grievances of affected people.


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5.5 Communal level and affected community

Responsibilities of the Communal People’s Committee include:

Provide the cadastral map for the DRC and assign officials to participate in the DMS team.

Coordinate with the DRC to implement information dissemination and public consultation.

Settle complaints of affected people related to DMS of their assets.

Create conditions and assist affected households in livelihood restoration and life stabilization.

5.6. Community level

The affected communities assign their own representatives to participate in the DMS team in order to monitor the implementation process and sign on the DMS minutes of the households.

6. Monitoring and evaluation

6.1. Internal monitoring

Internal Monitoring on the implementation of RAP for subprojects is the responsibility of the project implementation agencies with support from the project consultants. CPO and PPMU will monitor the progress of resettlement preparation and implementation through frequent progress reports.

Key criteria of internal resettlement monitoring include:

Compensation payment for affected households for the different types of damage pursuant to the compensation policies described in the resettlement plans

Implementation of technical assistance, relocation, allowance payment and relocation support.

Implementation of income recovery and entitlement to recovery support.

Dissemination of information and consultation procedures.

Monitoring of complaint procedures, existing problems that require the manageable attention.

Prioritizing affected persons on the proposed selections.

In coordination to complete RP activities and award construction contract.

CPO and PPMU will collect information monthly from different DRCs. An information database of monitoring on resettlement implementation in the Project will be maintained and updated every month.

CPO will submit an internal monitoring report on implementation status of Resettlement Plan to WB as a part of the quarterly report submitted to WB. Internal monitoring reports will include but are not limited to the following information:

Number of displaced persons and categories, status of compensation payment and relocation of APs.

Amount of budget allocated to different activities and/or compensation payment to APs and status of disbursement of each activity.


38

Results of complaint handling and any pending issues that require management attention and action

Concerns and needs rose during the implementation.

Updated progress of actual resettlement implementation.

6.2 External monitoring

The main objective of external resettlement monitoring is to provide an independent periodic review and assessment of the achievement of resettlement objectives; changes in living standards and livelihoods; restoration of the economic and social base of the displaced persons; effectiveness and sustainability of entitlements; the need for further mitigation measures as required and drawing lessons learnt for design of policies and plans in the future.

CPO will employ an Independent Monitoring Agency (IMA) with expertise in social sciences and experiences in independent monitoring of resettlement in order to monitor and evaluate the RAP implementation. IMA will be mobilized right after the project implementation is started.

The following indicators will be monitored and evaluated by the IMA, including but not limited to:

Payment of compensation will be as follows: a) full payment to be made to all affected persons sufficiently before land acquisition; (b) adequacy of payment to replace affected assets

Provision of assistance for DPs who have to rebuild their houses on their remaining land, or building their houses in new places as arranged by the project, or on newly assigned plots.

Support for recovering income sources.

Community consultation and public dissemination of compensation policy: (a) DPs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the IMA should attend at least one community consultation meeting to monitor community consultation procedures, problems and issues that arise during the meetings, and propose solutions; (c) public awareness of the compensation policy and entitlements will be assessed among the DPs; and (d) assessment of awareness of various options available to DPs as provided for in the RPs.

Affected persons should be monitored regarding restoration of productive activities.

DPs’ satisfaction on various aspects of the RP will be monitoring and recorded. Operation of the complaint mechanism and speed of complaint settlement will be monitored.

Through the implementation, trends on living standard will be observed and surveyed. Any potential issues in the recovering living standard are reported and suitable measures will be proposed to ensure the project objectives.

7. Cost estimate and budget

7.1. Budget source for resettlement

All cost for compensation, assistance and resettlement for impacts on land and assets on land of the subprojects is from corresponding budget of the project/Quang Nam province.


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7.2. Compensation at replacement cost

Compensation price will be established with replacement cost based on market price. The replacement cost is built based on the replacement cost survey and cost updating methods when there is market fluctuation. The replacement cost is approved by People’s Committee of the locality where the subproject is implemented; the cost will be updated continuously to ensure that affected people are compensated at replacement cost at the payment time.

7.3 Resettlement cost

Estimated cost for RAP implementation is VND 5,163,246,297 (equivalent to USD 245,869

under the exchange rate USD 1 = VND 21,000). Table 4 below presents cost based on affected categories. Details of the affected categories are shown in annex five.

Table 4.Cost estimate for compensation, assistance and resettlement

No. Category Unit Quantity Unit cost (average)

Total cost (VND)

A Compensation for land 2,117 2,943,180,000

I Residential land - 2,855,250,000

1.1 Duy Xuyen District - 2,855,250,000

1.1.1 Duy Trung Commune VND/m2 - -

1.1.2 Nam Phuoc Town VND/m2 - - 2,855,250,000

II Annual crop growing land 2,117 87,930,000

2.1 Duy Xuyen District 2,117 87,930,000

2.1.1 Duy Trung Commune VND/m2 1,467 40,000 58,680,000

2.1.2 Nam Phuoc Town VND/m2 650 45,000 29,250,000

B Compensation for structures

- 45,221,000

I Duy Xuyen District - 45,221,000

1 Duy Trung Commune VND/m2 - -

2 Nam Phuoc Town - 45,221,000

C Compensation for trees - 23,992,000


1 Duy Trung Commune Tree - -


D Compensation for crops - 13,872,500



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1 Duy Trung Commune VND/m2 - 9,502,500


E Assistances - 639,343,000




F Public structures - 347,980,000



2 Nam Phuoc Town VND/m2 - 199,980,000

G Sum (A+…+F) 4,013,588,500

H Administration and

implementation cost (2% of G)

% 2 80,271,770

I Independent monitoring cost

600,000,000

J Sum (G+H+I) 4,693,860,270

K Contingency(10% of J) % 10 469,386,027

L Grand Total (VND) 5,163,246,297

Grand Total (USD) 245,869

Exchange rate: 1 USD= VND 21,000

8. Implementation plan

Implementation procedures of compensation and resettlement need to comply with regulations and procedures in Decree 69/2009/ND-Cp of the Government and regulations described in the RPF.

Detailed implementation plan of the subproject is built based on the implementation plan of construction. Specifically:


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Table 5. Plan for preparation and implementation of the Resettlement Action Plan

Activities Time

1. Preparation

1.1. The final draft of RP will be submitted to CPO and WB for consideration and comments

End of May 2013

1.2. Update RAP according to comments of WB and CPO. June-August 2013

1.3. The PPC will approve RAP December 2013

1.4. Disclose RAP to Districts and affected communes Jan-Feb 2014

2. Implementation From 2014 to 2015

2.1. Information dissemination Start when DMS is carried out

2.2. Detailed measurement survey (DMS) Second Quarter 2014

2.3. Prepare Compensation plans for all households Third Quarter 2014

2.4. Authorized agencies review and approve the Compensation

plans

Third Quarter 2014

2.5. Disseminate the approved compensation plans to the

affected households

Third Quarter 2014

2.6. Payment of compensation and assistance for the affected

households

Fourth Quarter 2014

2.7. Relocation First Quarter 2015

2.8. Hand over land and assets to the PMU and construction activities are started.

Second Quarter 2015

2.9. Complaints/grievances and complaints/grievances redress Any time when there is complaint/grievance

2.10. Select the IMA End of Second Quarter and Early Third Quarter 2014

2.11. Mobilize the IMA Third Quarter 2014


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ANNEXES

ANNEX 1 - SUMMARY OF OPTION PROPOSED TO THE IMPROVEMENT

OF PHU NINH AND KHE TAN RESERVOIR CANAL SYSTEM IN QUANG

NAM PROVINCE

Subproject Objectives Items to be invested (work item/ scope of

works/parameter/ specific quantity)

Component A: Renovate and improve organization models for

management and exploitation of hydraulic works in Quang Nam province

Provide training and improve capacity on institution and management of IMCs and WUAs.

- Invest in procurement of management facilities and equipment

Component B Upgrading and repairing Phu Ninh and Khe Tan irrigation systems

1. Phu Ninh system Provide reliable irrigation for 19,427 ha, supply water for domestic, industry and aquaculture

1.1. Headwork

1. Main dam No need upgrading

2. Intake No need upgrading

3. Flood spillway No need upgrading

4. Emergency spillway No need upgrading

5. Saddle dams No need upgrading

1.2. Canal systems

1. North main canal Upgrade16 Km of North main canal

For cut and half-cut sections, which internal slopes have been slid, canal bed has silted up, seepage

was high, and the solutions shall be: Strengthen all canal sections with cast-in- place RC M200, 10cm thick.

For the canal sections that were cut through kaolin soils shall be applied with box-canal.

For the canal sections that internal slopes have been slid strongly, crossing hill-pass, seepage, the

solutions shall be: strengthening with R frame and stones.

2. South main canal No need upgrading

3. Primary canals Dredge and back-fill canal embankments to the design cross-section.


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Build additional canals where needed.

Technical solutions are trapezium canal, strengthened with cast-in-situ RC, 8-10cm thick, on mortar layer. The sections that are crossing kaolin

soils, residential zones or high hills, construct RC rectangular canals.

4. Secondary and tertiary canals

Secondary and tertiary canals to be upgraded or constructed.

Dredge and back-fill of canals as required in the design cross-section.


Strengthen the canal with trapezium shape, cast-in place RC, and/or with rectangular shape, canal walls constructed with brick masonry or cement

brick blocks, bottom lined with RC M200.

1.3. On-canal structures For works to be repaired or rehabilitated, restore

the original design status and improve, if required.

For the works that have to be demolished and re-constructed, the original design shall be applied

Regulators that provide good regulation shall be maintained or repaired. Bad regulators shall be replaced with gated spillway.

1.4. Management roads on main canals

Investments shall be made in 10km of North main canal. Road base is 4.5m wide; road surface is 3.50m, made of concrete M250, 20cm thick.

1.5. SCADA system To supplement gauging stations at regulators and intakes of main canals: 6 points (N2, N6, N10A,

N20, N24 and aqueduct 7 of North main canal).

To monitor the operation of gauging stations with camera.

To develop gauging station for all spillways (9

points) to control water flows in individual main canal sections.

To develop gauging stations at 3 regulators on N16

canal to control flow in the canal.

To develop 5 gauging stations for environmental parameters (temperature, moisture, rainfall, wind direction, wind velocity, etc...) in irrigation areas to

set up database for calculation of water demands in those areas.

To establish water demand maps and Phu Ninh

irrigation system user’s satisfaction maps

2. Khe Tan Subproject Provide reliable irrigation water for 3,500ha, supply water for domestic

use and aquaculture on 50 ha

1.1. Headwork

1. Main dam Not need upgrading


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2. Intake Not need upgrading

3. Flood spillway Not need upgrading

4. Emergency spillway Not need upgrading

5. Saddle dams Not need upgrading

1.2. Canal system

1. Main canal Upgrade 10 Km

For canal sections with stable foundations but seepage on the slopes: Back-fill inside slopes, create trapezium section, m=1.5; strengthen channel with cast-in situ steel net concrete, 8-10cm

thick, on 3cm thick mortar layer M75, joints made of bitumen soaked bags.

For canal sections that foundation with weak

foundation and unstable geotechnical conditions: Foundation treatment shall be carried out; boxed canal (rectangular sections) shall be built with RC

and external slopes are back-filled.

For canal sections with strongly eroded internal slopes and slid, crossing hill pass, the solutions

shall be rock-masonry in concrete frame.

For canal sections in which incoming seepage is found in one side and out coming seepage is found in other side, and internal slope is slid due to

incoming seepage, the solutions shall be creating trapezium section, m= 1.5; the slope that is affected by incoming seepage shall be strengthened with

RC frame which is filled with rocks, the slope that is affected by out coming seepage and erosion shall be strengthened with cast-in-situ fibro concrete, 8-

10cm thick, on mortar layer M.75, 3 cm thick.

For the sections where foundation is stable, upstream slope is eroded strongly, no seepage is

found: Back-fill the upstream slope, creating trapezium section m= 1.5; strengthen 2 slopes, not bed.

3. Primary canals Dredge and back-fill of canals as required in the design cross-section.


Technical solutions are trapezium canal, strengthened with cast-in-situ RC, 8-10cm thick, on mortar layer. The sections that are crossing kaolin

soils, residential zones or high hills, construct RC rectangular canals.

4. Secondary and tertiary canals

Dredge and back-fill of canals as required in the design cross-section.


Strengthen the canal with trapezium shape, cast-in


45

place RC, and/or with rectangular shape, canal

walls constructed with brick masonry or cement brick blocks, bottom lined with RC M200.

1.3. On-canal structures For works to be repaired or rehabilitated, restore the original design status and improve, if required.

For the works that have to demolish and re-

construct, the original design shall be applied

Good regulators shall be maintained or repaired. Bad regulators shall be replaced with gated spillway

1.4. Management roads on main canals

To upgrade main canal bank into management road. Length is 10km, road surface is 2.5-3.5m; made of concrete M250, 20cm thick

1.5. SCADA system To establish a management center at Hydraulic works management branch in Dai Loc.

To install 8 gauging station at intakes and regulators of main canal.

To develop 5 gauging stations for environment parameters (temperature, moisture, rainfall, wind

direction, wind velocity, etc...) in irrigation areas to set up database for calculation of water demands in those areas.

1.6. Drainage system To rehabilitate and upgrade existing drainage systems in Dai Tan, Dai Thang, Dai Minh, Dai

Phong and Dai Cuong communes

Component C To provide support for development of large-size paddy production fields

To provide support for development of large-size crop production fields

To provide support for development of cropping

pattern restructure on specialized paddy lands

To provide support for development of agricultural services, promoting climate-smart agriculture

Component D Technical assistance consultancy for Project

implementation management in compliance with the regulations of investment management of the government and donor’s requirements;

Supports to the central and local Project management units in implementing, managing the projects;

Training the Project implementation and management skills and capacity of staff of the Project management units


46

ANNEX 2 - SUMMARY OF CONSULTATION MEETING MINUTE WITH

STAKEHOLDERS

Location Date Participant Summary of people’s opinions

Duy Trung

Commune

07/5 8 participants form AHs and

representative of the commune authorities,

including 05 male and 03 female.

- Because the irrigation project is designed according to the existing canal, impacts on the land acquisition is not

significant and there is no major influence on the households’ income from agriculture. If the building canal is for irrigation to increase productivity, the people

are very happy and support the land acquisition for it.

- At Tay An industrial zone, there are about 10 enterprises operating, attracting nearly 200 new labours of the

commune annually. The enterprises’ main fields are textile, leather shoes, aluminum and glass as well as construction materials. Average salary and income is

more and less than VND 3 million/person/month, income level of each person depends on their occupation and labour productivity according to allocated product.

Besides that, construction workers are assistance for lunch at the enterprises.

Nam Phuoc

town

08/5 18 participants form AHs and

representative of the commune authorities,

including 12 male and 06 female.

- People and authorities of Nam Phuoc town are very excited and expect the project will be im plemented soon.

Because water sources for agricultural production are very important to locals and to households directly producing crops in the town. If there is a water source

from Phu Ninh province, the agricultural production will be more active and increase more productivity as well as effectiveness for crops, etc.

- Regarding the project impacts from land acquisition, we are aware of losing a few land areas but it is not considerable in comparison with the project benefit; and

the canals are only expanded and upgraded based on the old canal, there is no construction of new canal.

- When implementing the construction, the project is

proposed to conduct quickly, neatly and carefully to avoid impacts on people’s crops. When compensating, the town authorities are proposed to participate in

monitoring the construction implementation in order to share the responsibility with people. The project is also proposed to compensate to reduce the people’s losses.

- Regarding the project design, we propose a careful research on altitude because ChauHiep village is often flooded annually in rainy season. People worry about

the fact that they live at the end of the canal and are afraid that the water flow is not strong enough to flow to the village and they will not be active in production as

with the preexisting pump system. When people need water for irrigation, the water is not discharged and when there is flood, the water is discharged too, etc.

- When designing, it is important to build the canal surface not to high relative to current roads and people’s yard surface. If the canal surface is much higher than the

people’s yard, it will be very difficult for people to t ravel and it will be necessary to rebuild entrance to the house.

- When implementing the construction, the project is


47

Location Date Participant Summary of people’s opinions

proposed to compensate in advance for people, simultaneously, inform us the implementation plan.

- In the town area, ChauHiep village and My Hoa Street

belong to the project area. Total number of affected households is 26, including 10 in ChauHiep village impacted temporarily on a part of their residential land

due to the construction implementation and 16 remaining ones impacted on their land for crops. The affected households mainly earn their livings from

textiles and from their salary. In the village, Ma Chau silk village has a long tradition of silk production, which has been restored by Quang Nam PCP. In ChauHiep village,

there is also a manual textile processing village. This model is suitable for development of households, they can buy a textile machine with the cost of about VND 5

million; a main worker and an extra one may operate about 3-4 machines and average income is nearly VND 5-6 million/person/month. If using weaving machines for

weaving into wide cloth, the income will be higher; however, the cost of investment in weaving machines is very expensive, about VND 200 million/machine.

Currently, due to poor output, the households’ jobs are not stable as before. Almost all of people at My Hoa street plant crops and this area is zoned to be a

specialized area for planting fresh vegetables. On the street, there are 2 textile factories, attracting about 40 workers working in 2 shifts with the income is more or

less than VND 3 million/person, depending on their skills and productivities.

DuyPhuoc Commune

- No consultation meeting.

Duy

Trung Commune

- No consultation meeting.


48

ANNEX 3. LIST OF PARTICIPANTS IN CONSULTATION

LIST OF PARTICIPANTS IN CONSULTATION MEETING AT COMMUNE LEVEL

No. Name Address Position/Occupation

Interview date

1 Nguyen Van Ba Duy Trung Commune Vice president of CPC 06/05/2013

2 Nguyen Thanh Tam Duy Trung Commune Cadastral 06/05/2013

3 Ho QuocKhanh Duy Trung Commune Leader of Hoa Nam village

(3) 06/05/2013

4 Pham Tham Duy Trung Commune Leader of Mau Hoa village 06/05/2013

5 Nguyen Van Hung NamPhuoc town Vice president of CPC 07/05/2013

6 Trinh Cuc NamPhuoc town Cadastral 07/05/2013

7 Huynh Ba Sang Nam Phuoc town My Hoa street 07/05/2013

8 Luong Van Minh Nam Phuoc town Leader of ChauHiep village 07/05/2013

LIST OF PARTICIPANTS IN CONSULTATION AT COMMUNITY

No. Name Address

1 Ho PhuocTrai Nam Phuoc town

2 Ho QuocHuy Nam Phuoc town

3 Ho ThiGiap Nam Phuoc town

4 Ho ThiSuong Nam Phuoc town

5 Huynh ThiNho Nam Phuoc town

6 Le Dinh Hung Nam Phuoc town

7 Nguyen Huu Ngo Nam Phuoc town

8 Nguyen Ngoc Chinh Nam Phuoc town

9 Nguyen Ngoc Mot Nam Phuoc town

10 Nguyen Ngoc Nghinh Nam Phuoc town

11 Nguyen Nhu Hung Nam Phuoc town

12 Nguyen QuangVinh Nam Phuoc town

13 Nguyen Thanh Minh Nam Phuoc town

14 Nguyen ThiHanh Nam Phuoc town


49

No. Name Address

15 Nguyen ThiKhuong Nam Phuoc town

16 Nguyen Thi Trinh Nam Phuoc town

17 Nguyen Van Chung Nam Phuoc town

18 Pham ThiDua Nam Phuoc town

19 Pham Thi Trinh Nam Phuoc town

20 Quynh Con Nam Phuoc town

21 Tran Luc Nam Phuoc town

22 Tran Thì Nam Phuoc town

23 Tran ThiXoa Nam Phuoc town

24 Vo Huy Nam Phuoc town

25 Vo Thi Thin Nam Phuoc town

26 Vu Minh Tuan Nam Phuoc town

27 Doan Nhi Duy Trung

28 Ho Van Bon Duy Trung

29 Le Len Duy Trung

30 Nguyen ThiThuy Duy Trung

31 Nguyen PhuocNhu Duy Trung

32 Nguyen ThiThuc Duy Trung

33 Nguyen Van Qua Duy Trung

34 Thai Hoang Hung Duy Trung

35 Tran ThiHai Duy Trung

36 Truong Duoc Duy Trung


50

ANNEX 4. SOME IMAGES OF THE CONSULTATION

Image 2: Social safeguard team meeting with

authorities of Nam Phuoc Town People’s Committee

Image 3: Social safeguard team meeting with

authorities of Duy Trung Communal People’s Committee

Image 4: Provincial project management unit, Nam

Phuoc Town People’s Committee and social safeguard consultant survey current status of part

of canal N30 traversing My Hoa street, Nam Phuoc

Town.

Image 5: Survey current status of part of the canal traversing Chau Hiep village, Nam

Phuoc Town.

Image 6: Community consultation meeting at Nam Phuoc Town

Image 7: Affected household gives opinions at the community consultation meeting.


51

ANNEX 5. ESTIMATES OF COMPENSATION AND ASSITANCE COSTS

TABLE 1: ESTIMATED COMPENSATION, ASSISTANCE AND RESETTLEMENT COSTS

No. Item Unit Number Unit

price Amount (VND)

A Compensation for land 2,117

2,943,180,000

I Residential land -

2,855,250,000

1.1 Duy Xuyen District -

2,855,250,000

1.1.1 Duy Trung Commune VND/m2 -

-

1.1.2 Nam Phuoc Town VND/m2 - - 2,855,250,000

II Land for annual plants 2,117

87,930,000

2.1 Duy Xuyen District 2,117

87,930,000

2.1.1 Duy Trung Commune VND/m2 1,467 40,000 58,680,000

2.1.2 Nam Phuoc Town VND/m2 650 45,000 29,250,000

B Compensation for architectural structures

-

45,221,000

I Duy Xuyen District -

45,221,000

1 Duy Trung Commune VND/m2 -

-

2 Nam Phuoc Town -

45,221,000

C Land for plants -

23,992,000


23,992,000

1 Duy Trung Commune Plant -

-

2 Nam Phuoc Town -

23,992,000

D Land for crops -

13,872,500


13,872,500


9,502,500

2 Nam Phuoc Town -

4,370,000

E Assistance -

639,343,000


639,343,000


255,873,000

2 Nam Phuoc Town -

383,470,000


52

F Public land -

347,980,000


347,980,000


148,000,000

2 Nam Phuoc Town VND/m2 -

199,980,000

G Sum (A+…+F)

4,013,588,500

H

Management and

implementation costs (2% of G)

% 2

80,271,770

I External monitoring cost

600,000,000

J Sum (G+H+I)

4,693,860,270

K Redundancy cost (10% of K) % 10

469,386,027

L Total (VND)

5,163,246,297

Total (USD)

245,869

Exchange rate: 1 USD=21,000VND

TABLE 2: COMPENSATION FOR ARCHITECTURAL STRUCTURE

No. District/ Ward/ Commune Unit Number Unit price Amount (VND)

I Duy Xuyen District 198 45,221,000

1.1 Duy Trung Commune - -

Affected well VND/well 2,850,000 -

Concrete yard VND/m2 88,000 -

Affected fence VND/m 953,000 -

Affected gate VND/m2 380,000 -

1.2 Nam Phuoc town 198 45,221,000

Affected well VND/well 4.0 2,850,000 11,400,000

Concrete yard VND/m2 170.0 88,000 14,960,000

Affected fence VND/m 17.0 953,000 16,201,000

Affected gate VND/m2 7.0 380,000 2,660,000

Total 198 45,221,000


53

TABLE 3: COMPENSATION FOR PLANTS


I Duy Xuyen District 261 23,992,000

1.1 Duy Trung Commune - -

Jackfruit VND/plant 305,000 -

Lekima VND/plant 222,000 -

Areca palm VND/plant 220,000 -

Sesame VND/plant 370,000 -

Banana VND/plant 44,000 -

Lagerstroemia VND/plant 21,000 -

1.2 Nam Phuoc town 261 23,992,000

Jackfruit VND/plant 28 305,000 8,540,000

Lekima VND/plant 6 222,000 1,332,000

Areca palm VND/plant 15 220,000 3,300,000

Barringtoniaacutangula VND/plant 5 370,000 1,850,000

Banana VND/plant 201 44,000 8,844,000

Lagerstroemia VND/plant 6 21,000 126,000

Total 261 23,992,000

TABLE 4: COMPENSATION FOR CROP


I Duy Xuyen District 2,117

13,872,500

1 Duy Trung Commune 1,467

9,502,500

Rice VND/m2 - 7,200 -

Corn VND/m2 - 4,600 -

Sesame VND/m2 216 4,600 993,600

Peanut VND/m2 480 8,250 3,960,000

Eggplant VND/m2 - 18,000 -

Soy bean VND/m2 771 5,900 4,548,900


54

2 TT Nam Phuoc 650

4,370,000

Rice VND/m2 - 7,200 -

Corn VND/m2 160 4,600 736,000

Sesame VND/m2 80 4,600 368,000

Peanut VND/m2 - 8,250 -

Eggplant VND/m2 70 18,000 1,260,000

Soy bean VND/m2 340 5,900 2,006,000

Total 2,117

13,872,500

TABLE 5: ASSISTANCE

No. Item Unit Number

Unit

price Amount

I Duy Xuyen District

639,343,000

1 Duy Trung Commune

255,873,000

1.1 Assistance for living and production stabilization

1.1.1

Acquisition from 20% to 30% and from 30% to 70% of using

agricultural land People -

-

a Do not have to relocating

2,880,000 -

b Have to relocating - 5,760,000 -

1.1.2 Acquisition of above 70% of using agricultural land People -

a Do not have to relocating - 5,760,000 -

b Have to relocating - 11,520,00

0 -

1.2

Assistance for changing and

creating jobs VND/m2 1,467 99,000 145,233,000

1.3 Assistance for vulnerable group VND/house

hold

1.3.1 Poor households VND/house

hold 1 69,120,00

0 69,120,000

1.3.2 Vulnerable households

VND/house

hold 2 5,760,000 11,520,000

1.4 Reward for high progress VND/user

-


55

Productive land VND/user 10 3,000,000 30,000,000

2 Nam Phuoc town

383,470,000

1.1 Assistance for living and production stabilization

1.1.1

Acquisition from 20% to 30% and from 30% to 70% of using

agricultural land People -

-

a Do not have to relocating

2,880,000 -

b Have to relocating - 5,760,000 -

1.1.2 Acquisition of above 70% of using agricultural land People -

a Do not have to relocating - 5,760,000 -

b Have to relocating - 11,520,00

0 -

1.2

Assistance for changing and

creating jobs VND/m2 650 99,000 64,350,000

1.3 Assistance for vulnerable group VND/house

hold

-

1.3.1 Poor households VND/house

hold 2 69,120,00

0 138,240,000

1.3.2 Vulnerable households

VND/house

hold 13 5,760,000 74,880,000

1.4 Reward for high progress VND/user

-

Residential land VND/user 14 5,000,000 70,000,000

Productive land VND/user 12 3,000,000 36,000,000

Total

639,343,000

Documents

IRRIGATED AGRICULTURAL IMPROVEMENT PROJECT (IAIP) · 2016. 7. 10. · The subproject causes an impact on 02 communes of Duy Xuyen District in Quang Nam province. An area of 2,948