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Resettlement Monitoring Report Semestral Report Stage 1 – December, 2012 Loan 2636-VIE (SF) and Agence Française de Développement (AFD) - Agreed Credit No. CVN 1123 01B and CVN 1123 02C STRENGTHENING WATER MANAGEMENT AND IRRIGATION SYSTEMS REHABILITATION PROJECT Subproject: Lien Nghia pumping station in Hung Yen province Prepared by the Local Implementation consultant (LIC) – Thang Long Infrastructure Development JSC (Infra-Thanglong) for the Central Project Office (CPO) Under Ministry of Agriculture and Rural Development (MARD) and the Asian Development Bank (ADB).

Resettlement Monitoring Report...2 Area of permanently land acquisition 13.526,8 2.1 Agricultural land 13.465,8 2.2 Traffic land 61 Managed by Commune PC 3 Water surface area (p onds,

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  • Resettlement Monitoring Report

    Semestral Report

    Stage 1 – December, 2012

    Loan 2636-VIE (SF) and Agence Française de Développement (AFD) - Agreed Credit No.CVN 1123 01B and CVN 1123 02C

    STRENGTHENING WATER MANAGEMENT AND IRRIGATIONSYSTEMS REHABILITATION PROJECT

    Subproject: Lien Nghia pumping station in Hung Yen province

    Prepared by the Local Implementation consultant (LIC) – Thang Long InfrastructureDevelopment JSC (Infra-Thanglong) for the Central Project Office (CPO) Under Ministry ofAgriculture and Rural Development (MARD) and the Asian Development Bank (ADB).

  • CURRENCY EQUIVALENTS

    (As of 31th December 2012 at Vietcombank)

    Currency unit – vnd

    VND 1.00 = $ 0.00004789

    $1.00 = VND 20,815

    WEIGHTS AND MEASURES

    m (Meter) – Is the base unit of length

    m2 (Square meter) – A system of units used to measure areas

    m3 (Volume) – A system of units used to measure thespaces, that an object or substanceoccupies.

    kg (Kilogram) – A decimal unit of weight based on the gram

  • ABBREVIATIONS

    ADB Asian Development Bank

    AH Affected household

    AP Affected person

    BHH Bac Hung Hai

    CPMO Central Project Management Office

    CPO Central Project Office

    CPC Commune Peoples’ Committee

    DARD Department of Agriculture and Rural Development

    DOLISA Department of Labor, Invalids and Social Assistance

    DRC District Compensation, Assistance, resettlement Committee

    DMS Detailed Measurement Survey

    DONRE Department of Natural Resources and Environment

    DPC District Peoples’ Committee

    EA Executing Agency

    EMA External Monitoring Agency

    IOL Inventory of Losses

    LURC Land Use Rights Certificate

    MOLISA Ministry of Labor, Invalids and Social Assistance

    MONRE Ministry of Natural Resources and Environment

    MARD Ministry of Agriculture and Rural Development

    PPC Provincial Peoples’ Committee

    PMU Project management unit

    RF Resettlement Framework

    RP Resettlement Plan

    SES Socio-Economic Survey

    VND Vietnamese dong

  • VWU Viet Nam Women’s Union

    WRU Water Resources University

    This resettlement monitoring report is a document of the borrower. The views expressedherein do not necessarily represent those of ADB's Board of Directors, Management, orstaff, and may be preliminary in nature.

    In preparing any country program or strategy, financing any project, or by making anydesignation of or reference to a particular territory or geographic area in this document, theAsian Development Bank does not intend to make any judgments as to the legal or otherstatus of any territory or area.

  • Strengthening Water Management and Irrigation Systems Rehabilitation Project, ADB Loan 2636 – VIE (SF)

    PACKAGE 15: EXTERNAL RESETTLEMENT MONITORINGResettlement Monitoring Report No. 1

    5Thang Long Infrastructure Development JSC. (Infra-Thanglong)

    CONTENT

    ABBREVIATIONS.........................................................................................................3

    I. INTRODUCTION.......................................................................................................6

    I.1. Overview of Project ................................................................................................6

    I.2. Subproject impact scale ..........................................................................................7

    II. MONITORING METHODS AND IMPLEMENTATION ARRANGEMENTS.........................................................................................................................................11

    II.1. Methodology .......................................................................................................11

    II.2 Monitoring method...............................................................................................12

    II.3. Organization of monitoring implementation ......................................................13

    II.4. Survey sampling ..................................................................................................13

    III. MONITORING RESULTS ...................................................................................14

    III.1. In-door works. ....................................................................................................14

    III.2. Dissemination of information ............................................................................15

    III.3. Inventory of loss.................................................................................................16

    III.4. Compensation plans ...........................................................................................17

    III.5. Resettlement for relocated households ..............................................................19

    III.6. Income and life restoration ................................................................................19

    III.7. Complaints and grievance redress......................................................................19

    III.8. Assessment of the people’s level of satisfaction for the project ........................20

    IV. CONCLUSIONS AND RECOMMENDATIONS ...............................................21

    IV.1. Conclusions........................................................................................................21

    IV.2. Recommendations..............................................................................................21

    Appendix 1. List of interviewed households ..................................................................17

    Appendix 2. Reply the grievance letter regarding request of more family members toreceive the assistance..............................................................................................................20

  • Strengthening Water Management and Irrigation Systems Rehabilitation Project, ADB Loan 2636 – VIE (SF)

    PACKAGE 15: EXTERNAL RESETTLEMENT MONITORINGResettlement Monitoring Report No. 1

    6Thang Long Infrastructure Development JSC. (Infra-Thanglong)

    I. INTRODUCTION

    I.1. Overview of Project

    1. The Strengthening Water Management and Irrigation Systems Rehabilitation Project isco-financed by the Asian Development Bank (ADB) and the Agence Française deDéveloppement (AFD) of which the Project Outline Documents was approved by theGoV in Decision no. 2272/TTg – HTQT dated Nov 18, 2009. Project is valid from Sept09, 2011 and the loan closing date is Dec 31, 2016. The project has been implemented in03 provinces: Bac Ninh, Hai Duong and Hung Yen.

    2. The project has three main components as below:

    - Component 1. Upgrading of professional training facilities for WaterResources University: The project will fund a main part in the phase 1 to establish anew facility for Water Resources University at Pho Hien University, Hung Yenprovince; including the institutional and physical facilities to serve 13.400 studentsand the new campus can serve 30%-50% of total students in 2016.

    -- Component 2. Improving management of irrigation and drainage systems in

    the Bac Hung Hai scheme: The Project will improve the capacity for water resourcemanagement organizations in the Bac Hung Hai (BHH) scheme by improvingupgrading work items and technical assistance to establish SCADA system (datacollection and monitoring management for phases).

    -- Component 3. Constructing new infrastructures and upgrading the existing

    BHH Hai irrigation scheme: The project will fund the construction of 08 pumpingstations and rehabilitation of 02 existing ones in BHH scheme for the purpose ofirrigation or drainage or both in BHH scheme.

    3. The project will implement 11 subprojects of 03 provinces including Hai Duong, BacNinh and Hung Yen. There is no affected household in 02 subprojects includingsubproject of My Dong pumping station improvement in Hai Duong province and ofVang II channel improvement in Bac Ninh province.

    4. Based on the Decision No. 395/QD-BNN-HTQT on Feb 11, 2010 of MARD for theapproval of investment project “The Strengthening Water Management and IrrigationSystems Rehabilitation” Project is co-financed by ADB and AFD.

    5. Lien Nghia pumping station is built in the left dike of Red River in Lien Nghia commune, toprovide actively drains for 3,545 ha of Chau Giang sub-region (7 communes of Van Giangdistrict). The pumping station includes 5 vertical pumps with capacity 25m3/s for each, underdyke sluice from pumping station into the Red River; the management, transmission linesand substations.

  • Strengthening Water Management and Irrigation Systems Rehabilitation Project, ADB Loan 2636 – VIE (SF)

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    Table 1: Locations of the sub-projects

    No. Sub-projects

    Hung Yen province

    1. Construction of Chua Tong new pumping station - Thanh Long commune and TrungHung commune – Yen My district

    2. Construction of Lien Nghia new pumping station - Lien Nghia commune - Van Giangdistrict

    3. Construction of Nghi Xuyen new pumping station - Thanh Cong commune and ChiTan commune - Khoai Chau district

    4. Construction of new University of Water Resources - Nhat Tan commune and AnVien commune - Tien Lu district

    Hai Duong province

    5. Construction of Doan Thuong new pumping station - Doan Thuong commune andToan Thang commune - Gia Loc district

    6. Upgrading Cau Dua pumping station - Van To commune - Tu Ky district

    7. Construction of Co Ngua new pumping station - Van Giang commune - Ninh Giangdistrict

    8. Upgrading My Dong pumping station

    Bac Ninh province

    9. Construction of Phu My new pumping station - Dinh To commune - Thuan Thanhdistrict

    10. Construction of Nhat Son new pumping station - Minh Tan commune, Lai Hacommune, Trung Xa commune, My Hung commune - Luong Tai district

    11. Upgrading Kenh Vang II - Bac Ninh province

    I.2. Subproject impact scale

    6. The construction of Lien Nghia Pumping Station will affect 84 households at Lien Nghiacommune. Particularly, as follows:

  • Strengthening Water Management and Irrigation Systems Rehabilitation Project, ADB Loan 2636 – VIE (SF)

    PACKAGE 15: EXTERNAL RESETTLEMENT MONITORINGResettlement Monitoring Report No. 1

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    Table 2: Summary of impact of land acquisition and site clearance of Lien NghiaPumping Station

    No. Impact type Unit Quantity Notice

    1 Affected households in range ofconstruction site

    household 84

    1.1 Households of permanentlyagricultural land acquisition

    67

    1.2 Households of temporarily agriculturalland acquisition

    17

    1.3 Households of both permanently andtemporarily agricultural landacquisition

    1

    1.4 Houholds who cultivate on thepermanently traffic land acquisition

    1

    1.5 Households who have water landpermanently acquired

    1 Managed byCommune PC

    2 Area of permanently landacquisition

    13.526,8

    2.1 Agricultural land 13.465,8

    2.2 Traffic land 61 Managed byCommune PC

    3 Water surface area (ponds, marshes,lakes) permanently acquired

    20.083,8 Managed byCommune PC

    4 Temporarily agricultural landacquisition

    4.645,0

  • Strengthening Water Management and Irrigation Systems Rehabilitation Project, ADB Loan 2636 – VIE (SF)

    PACKAGE 15: EXTERNAL RESETTLEMENT MONITORINGResettlement Monitoring Report No. 1

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    No. Impact type Unit Quantity Notice

    5 Rate of agricultural land loss(permanently)

    5.1 Households of land loss rate below10% are not eligible to receiveassistance of life rehabilitation

    25

    5.2 Households of land loss rate from10%-30% will be assisted with rice in06 months for life rehabilitation

    39

    5.3 Households of land loss rate from 30%- 70% will be assited with rice in12 months for life rehabilitation

    0

    6 Poor households will be assistedwith rice in 06 months

    1

    7 Vulnerable households will beassisted with rice in 24 months

    14

    Source: DCARC’s data - 10/2012Table 3. List of vulnerable households

    No House header Notice Agriculturalland loss rate

    1. Nguyen Dinh Tong Sick soldier 1.1%

    2. Đo Van Trinh Sick soldier 13.9%

    3. Chu Van Duc Wounded soldier 28.3%

    4. To Quy Coi Wounded soldier 8.6%

    5. Dinh Van Khoa Wounded soldier 8.8%

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    No House header Notice Agriculturalland loss rate

    6. Do Thi Hong Wounded soldier 1%

    7. Vu Thi Teo ( Do Van Duyet) Relatives of martyr 11%

    8. Nguyen Thi En ( Pham HoangChinh)

    Relatives of martyr 12.6%

    9. Đo Van Hien Relatives of martyr 44.1%

    10. Nguyen Thi Lien Relatives of martyr 25%

    11. Đinh Thị Chỉnh ( Tô Đức Dân) Relatives of sick soldier + poorhousehold

    6%

    12. To Thi Tham Female headed household 27.6%

    13. Do Thi Nhi Female headed household 10%

    14. Nguyen Thi Hau Female headed household 15.9%

    Source: DCARC’s data - 10/2012

    7. Impact on land: Based on the Notification No. 283/TB-UBND on Nov 25, 2011 on theland acquisition at Lien Nghia commune – Van Giang district to conduct the subproject ofLien Nghia pumping station in Strengthening Water Management and Irrigation SystemsRehabilitation Project and the report of site clearance activitiy for the Lien Nghia on Oct19, 2012 of DCRC; total area of land acquisition is 40.582,5 m2, including:

    - Permanent land acquisition: 35.418 m2( 67 households/318 members)

    - Land acquisition with time-limit: 5.164,5 m2 ( 18 households)

    8. Affected assets

    Impact on plantings and crops: 76 households, including 16 households oftemporary land acquisition and 60 households of permanent land acquisition.

    Impact on assets and structures: 12 households and 02 Government enterprisesincluding Van Giang VNPT and Van Giang .

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    II. MONITORING METHODS AND IMPLEMENTATION ARRANGEMENTSII.1. Methodology

    9. The main objective of the independent resettlement monitoring is to review and assessperiodically and independently (i) the achievement of the resettlement objectives; (ii) thechanges in living standards and livelihoods; (iii) the restoration and/or improvement ofthe socio-economic conditions of the affected people; (iv) the effectiveness andsustainability of entitlements; and (v) the need for additional mitigation measures. TheConsultant deploys the independent resettlement monitoring to monitor theimplementation of the resettlement activities in compliance with the provisions outlinedin the Project’s Resettlement Policy Framework (RF) and the Sub-projects’ ResettlementPlans (RP).

    10. The monitoring indicators include but not limited to the following:

    - The information and public consultation on the resettlement policy and theentitlements of the affected households; the participation of affected persons in theplanning, updating and implementing the Resettlement Plans;

    - The detailed measurement survey of affected properties; the formulation andapproval of compensation plan; payment of compensation under the approved policyin accordance with the approved Resettlement Plan;

    - Procedures for acquisition and handover of land; the coordination of resettlementactivities with the construction schedules;

    - Construction/reconstruction of houses and replacement structures on residential landor in new residential areas;

    - The satisfaction of the affected persons with the terms and conditions and theimplementation of the Resettlement Plans;

    - The grievance redress mechanism (documenting, procedures, settlement);

    - The effectiveness and the sustainability of the entitlements and income restorationmeasures for the affected households; ability of affected persons torestore/reconstruct their livelihoods and living standards. Particular attentions will begiven to severely affected and vulnerable households;

    - Social and resettlement impacts caused by the activities in the construction phase;

    - Institutional capacity, internal monitoring and reporting.

    11. For each monitoring stage, the Consultant conducted a sampling survey byquestionnaires, interviewing 100% affected households (who were lost 10% or more than10% agricultural land/main sources of income and have to resettle) and 20% (randomlyselected) of the slightly affected households (which loss less than 10% agriculturalland/income). In addition, the Consultant will organize in-depth interviews or focusgroup discussions with a number of target groups such as female-headed households

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    (having dependants), poor affected households, PMU leaders, the Compensation,Assistance and Resettlement Board, officials who are directly engaged in the siteclearance etc. to acquire more information. These methods are combined with thestatistical comparison to evaluate the implementation of the Resettlement Plans and theliving restoration as well as the level of satisfaction of affected persons.

    II.2 Monitoring method

    12. The Consultant uses a combination of different monitoring methods to collect bothqualitative and quantitative information. The main methods include group discussions,questionnaire survey, literature review and in-depth interviews. The Consultant alsocombine observations to find out more information about the living conditions of theaffected households, the actual progress at site, ...

    (i) Analysis of documents

    The documents related to the safeguard policy, legal documents, internal reports and otherdocuments related to the compensation and resettlement have been collected from CPO,PMU, DCARC and compared, analyzed for the multi-dimensional monitoring information.

    (ii) Survey by questionnaire

    In the monitoring process, this method is utilized as a principal tool for the acquisition ofinformation from the affected households on their demographic characteristics, income andliving conditions, production conditions, levels of satisfaction with compensation, levels ofsatisfaction with the provisions and the implementation of the Resettlement Plans, theeffectiveness and the sustainability of the entitlements and income restoration measures foraffected households, and their ability in the restoration/reconstruction of their livelihoodsand living standards.

    (iii) Group discussions

    The discussions were carried out with the PMU to learn about advantages, disadvantages andsolutions in the implementation of the Resettlement Plans, shortcomings and causes of theexistences, next plans, suggestions and solutions to overcome shortcomings etc. In addition,focus group discussions were conducted with the APs to assess other aspects related to theentittlement of affected persons.

    (iv) In-depth interviews

    The APs, project staff and those who were responsible for the resettlement process haveparticipated in in-depth interviews, which were based on the outlined contents. Thisinformation will complement the information collected from the questionnaire survey anddocument analysis.

    (v) Observation method

    The observation method is applied to support the above-mentioned methods. TheConsultants used this method to find out about the actual living conditions of people andwhat works are going on the sites.... thereby they would establish necessary additions to the

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    information acquired from the secondary data, survey questionnaires and focus groupdiscussions.

    II.3. Organization of monitoring implementation

    13. The preparation for the monitoring stage was conducted in the weeks from 15/10/2012 to20/10/2012. In the Consultant’s office, the experts of the monitoring team prepared themonitoring tools, including guidance for in-depth interviews and group discussions,research of RP update and documents related to the project compensation. The fieldmonitoring is about to start on 23/10/2012.

    14. On 23/10/2012, the Consultant worked with the PMU for the ADB5 subprojects in HungYen province to collect relevant documents.

    15. On Oct 24, 2012, the Consultant conducted field monitoring, working with 95households in the commune for group discussions and personal interviews. TheConsultant worked with representatives of the Compensation, Assistance andResettlement Committee of Van Giang district, Lien Nghia commune PC to collectnecessary information.

    16. After the end of the site monitoring, the monitoring team worked with the PMU for LienNghia subproject in Hung Yen province for the discussion of the monitoring contents.

    II.4. Survey sampling

    17. The Consultant conducted interviews and group discussions with 95 households1. Amongthem, 39 affected households with the loss rate of more than 10% of agricultural land,and 38 households with loss rate of less than 10% of agiricultural land and 18 unaffectedhouseholds due to the project. Number of total survey houshehold is 77 households,which accounts for 91.7% of total affected households in the commune.

    Table 4 : Summary of the survey

    No. Content No.of affectedhouseholds

    Number of survey householdsGroup

    discussionIndepth

    interviewsQuestionnaire

    1 Severely affected 43 43 5 432 Unsignificantly

    affected41 34

    3 Unaffected 18Total 84 43 5 95

    1 Detail of survey households in Appendix 1

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    14Thang Long Infrastructure Development JSC. (Infra-Thanglong)

    III. MONITORING RESULTS

    III.1. In-door works.18. The PMU in collaboration with the Compensation, Assistance and resettlement

    Committee of Van Giang district organized the compensation for the sub-project. Ingeneral, the compensation complies with the provisions in Decree No.69/2009/ND-CPand the Resettlement Plan as well as other provincial provisions and regulations.

    19. All records of inventory and approved compensation plans have been stored at DCARCand PPMU. List of persons under request of land acquisition and of compensationreceivers are also kept at the offices of the PMU and the DCARC. The DMS forms werefully signed by the participants and representatives of affected households and stored inthe PMU office in Hung Yen province.

    20. The internal reports are prepared regularly by PMU and submitted to CPMU. whichdemonstrates progress and the specific measures to handle the work. All inventoryrecords have signatures of the participants and representatives of affected households.

    21. Main documents related to sub-project are as follows:

    - Decision No. 841/QD-UBND on May 18, 2011 on the task assignment as investor ofsite clearance for the “Strengthening Water Management and Irrigation SystemsRehabilitation Project” (ADB5) in Hung Yen province.

    - On No 25, 2010, Hung Yen province issues the Notificaiton No. 283/TB-UBND onthe land acquisition in Lien Nghia commune in Van Giang district for theimplementation of Lien Nghia pumping station in Strengthening Water Managementand Irrigation Systems Rehabilitation Project.

    - On Dec 05, 2011; Van Giang District PC issued Decision No. 5152/QD-UBND on theestablishment of Compensation, Assistance and Resettlement Committee (CARC)with 17 members. Among them, the Chairman of District PC is the Chairman ofCARC with of the district departments such as environmental resource office, traderoom etc. and the Chairman of Lien Nghia Commune PC with representatives ofcommune offices and of affected households (Mr. Do Trong Quyet’s household). TheCARC meets requirements of compensation and site clearance for the sub-project.

    - On Jan 05, 2012, the Decision No. 5152/QD-UBND of District PC forimplementation of site clearance of the project was issued.

    - On Feb, 2012, the meeting was organized at the commune for launching site clearanceplan.

    - On April 18, 2012 the meeting for households in range of land acquisition announcedland acquisition policy, publicize compensation policy and support the state for land

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    acquisition. Provide the self-declaration of land and property in range of landacquisition.

    - On April 25, 2012 the District PC provided the Decision No. 775/QD-UBND on theestablishment of DMS team for iventory of assets on land.

    - On April 26&27, 2012; reconciliation, inventory of land status and assets on land forhouseholds was conducted.

    - On May 21, 2012; based on the Official Dispatch No. 18/TB-HD of Van GiangDCARC on the publicly collecting feedbacks for the compensation plan to supportimplementation of sub-projects; from 22/5 to 11/6/2012; publicly collecting feedbackswas conducted for affected households and other stakeholders.

    - On July 12, 2012; based on the Official Dispatch No. 32/TB-HD of Van GiangDCARC on the announcement of publicly collecting feedbacks for the compensationplan to support implementation of sub-projects from July 13 to Aug 2, 2012.

    22. In Aug 2012, DCARC in coordination with the commune to complete compensation andassistance plan for the support to resolution of arising contents after feedback collection,at the same time, submitted compensation and assistance plan to the CPO for evaluation.

    23. The Consultant collected detailed list of assistance types for each affected household.The statement referred to the amount of compensation, assistance for loss of trees, crops,properties within the area of the sub-project implementation for each household and eachunit/agency.

    III.2. Dissemination of information

    24. 100% of the affected households surveyed said they were informed about the Project.The information about the project as well as the stages of the compensation for landacquisition is transferred to the affected households mainly through meeting villages(96%). 97.2% of the households in the survey answered that households when feltunclear about the information could also ask the local authorities (commune and villagelevel).

    25. During RP preparation, general information about the project, the main content of the RPas well as the compensation and assitance policy, life restoration program, the complaintmechanism were informed to the affected households through public meetings conductedby the PMU in collaboration with the consultant (for RP). 100% affected householdsinvolved in-depth interviews and focus group discussions said they had been involved inconsultation and understand project information.

    26. The unit price of compensation and assistance policies are specified for eachcompensation plan. Compensation plan are publicly posted for 20 days in accordance toregulation through the record of posting time (from 22/5/2012 to 11/6/2012). 100% of

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    the interviewed affected households had checked compensation plan and signed on theminutes of the compensation calculation.

    27. 97.3% of severely affected households on agricultural land said that they were consultedin meetings about economic restoration and agreed to assistance fund in cash. Assistancefund was established in the compensation plans for households.

    This below table 5 presented affected households’ participation in project activities:

    Table 5: Participation in project activities

    No. ContentYes No

    N % N %

    1. Informed DMS time 75 100% 0 0.0%

    2. Participated in DMS 75 100% 0 0.0%

    3. Is the DMS accurate? 75 100% 0 0.0%

    4. Reviewed and signed on the DMS form 75 100% 0 0.0%

    5. Discussed about the compensation plans 73 97.3% 2 2.7%

    6. Reviewed the calculation record 75 100% 0 0.0%

    Source: IMO’s survey - 10/2012

    28. 100% of respondents said they knew the notificaiton before the DMS and participated inthe DMS.

    29. 73/75 households said they discussed with DCARC’s stafts about the compensationoptions (in cash, land, etc.).

    30. Conclusion: The information and consultation with the affected households wereconducted in accordance with the provisions specified in the approved RP. However, theaffected households should be consulted more detailed on measures to restore livelihoodsand income as stated in the resettlement plan.

    III.3. Inventory of loss

    31. Before the DMS, the PPMU and the CARC through the CPC sent a written notice to eachhousehold. The DMS was completed in September 2012. The DMS team established bythe CARC included (i) Representative the function offices of the District as naturalresources and environment, finance, economy – infrastructure offices, (ii) Arepresentative of CPC, including leaders of the CPC, land registry officer and villagechief, (iii) Representative of the affected households and (iv) the househeaders of theaffected households.

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    32. It can be seen that the people involved in the activities of the sub-projects made up highproportion such as: to be informed of DMS time (100%), 100% of respondentsparticipated in DMS, reviewed and signed on the minutes of the calculation. 100% of therespondents said that the DMS was accurate.

    33. Conclusion: DMS was conducted in accordance with state’s regulations and provisionsin RP. No complaint of APs is found so far.

    III.4. Compensation plans

    III.4.1. Legal framework and compensation baseline

    34. The legal framework and the main basis for compensation is the Policy Framework ofthe Resettlement Plan the ADB approved. The Policy Framework is developed based onthe legislation of the Government of Viet Nam and the ADB's policy relating to theinvoluntary land acquisition and resettlement and how the Project applies for thedifferences between the policies of the Government and the ADB.

    35. In addition, the compensation process shall apply the following decisions:

    The Decree No.181/2004/ND-CP dated 29/10/2004 on the guideline of theimplementation of the Land Law.

    Decree No.69/2009/ND-CP dated 13/8/2009 of the Government on additionalregulations on land use planning, land prices, land recovery, compensation,assistance and resettlement.

    Decision No.09/2011/QD-UBND dated 01/6/2012 of Hung Yen PC on thepromulgation of procedure decision for land acquisition, land allocation, land lease,transferring land use purposes and land use patterns as well as compensation,assistance and resettlement in Hung Yen province.

    Based on Decisions of MARD: No. 395/QD-BNN_HTQT on Feb 11, 2010 on theapproval of Strengthening Water Management and Irrigation SystemsRehabilitation Project funded by ADB and AFD No. 3178/QQD-BNN-TCCB onNov 25, 2010 on task assignment of management and implementation arrangementfor Strengthening Water Management and Irrigation Systems RehabilitationProject funded by ADB (ADB5).

    III.4.2. Compensation and Assistance Unit Price

    36. The Unit price for compensation and assistance is applied for comepensating and assistingaffected households is appropriate to the results of the conversion investigation of theRP. Details are as follows:

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    Table 6: Compensation - Assistance Unit Price

    No. Category Unit Unit price (VND)

    1. Compensation for rice field land: m2 71.000

    2. Compensation for plantings and assets on land(based on diameter of plantings)

    3. Assistance for life and production stabilization(member number x number of assistance monthx 30kg rice x 12.500 VND/kg)

    Member/month 12.500

    4. Assistance for vulnerable household ( 30kg ricex 24 months x 12.500 VND/kg)

    kg 12.500

    5. Assistance for poor household ( 30kg rice x 6months x 12.500 VND)

    kg 12.500

    6. Assistance for job change ( 71.000 VND x 3times)

    m2 213.000

    7. Compensation for due to production disruptionsin the 03 years (4.5 million VND x 3) / 360m2

    m2

    8. Assistance for land rehabilitation in 01 year (4,5million VND/360m2)

    m2

    Source: DCARC’s data - 10/2012

    37. Conclusion: Through observation and information collection from the affected families aswell as local government officials, the monitoring team assessed that the unit price ofcompensation and assistance in the compensation plan for the payment for affectedhouseholds are suitable to replacement cost in RP and affected people agreed withcompensation prices .

    III.4.3. Approval of the compensation plan - compensation fund

    38. On Sept 21, 2012; the Site Clearance Board transferred the record of compensation andassistance for relating organizations for the approval as spitulated.

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    39. On Sept 26, 2012; the subproject received the approval letter of the CPO in terms ofcompensation, assistance and resettlement approved by DCARC.

    40. Until Oct, 2012; the Monitoring Team has conducted the first phase monitoring for theproposed subproject. It is expected that the payment will be conducted in the middle ofNov, 2012 . The compensation amount for households and organizations/units is8.185.794.000 VND, including:

    - Fund for compensation, assistance for affected land and assets on land:7,984,899,977VND

    - Fund for job training assitance: 40,397,280 VND

    - Fund for site clearance and evaluation (2%): 160,505,765 VND

    III.4.4. Compensation payment

    41. The subproject of Lien Nghia pumping station in Van Giang, Hung Yen conductedexpecting compensation payment plan for affected households in Nov, 2012 with the totalfund of 8.185.794.000 VND (including compensation, job training, site clearance andevaluation).

    III.5. Resettlement for relocated households

    42. No households have to be relocated in the sub-project area.

    III.6. Income and life restoration

    43. Through information collection by interviews, the majority of households had mainincome source from agriculture accounting for 97.9% and secondary income source fromallowance of retirement accounting low percentage of about 1%.

    44. Most of affected households have not received official compensation payment; hencethey had not been officially affected. The impact on earnings will continue to collectinformation in the next monitoring reports.

    III.7. Complaints and grievance redress

    45. According to information obtained from the PMU and the DCARC and Commune PC, inthe course of 20 day public posting in CPC and Phi Liet village from May 22, 2012 toJune 11, 2012, 08 households had question about the volume of lost trees. The assistanceamount was not adequate compared to the number of trees in the inventory records ofassets established by the DCARC, the commune and affected household. 10 opinionssuggested calculation of crop compensation was lower than that of market priceespecially regarding ornamental plants calculated in m2. The opinions of the householdshad been considered by the DCRC. Until Aug 03, 2012; all questions and people'sopinions have been addressed thoroughly. All households have agreed to compensationplan.

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    46. Until the monitoring time (Oct, 2012) 01 household - Mr Do Van Hien’s submitted arequest letter for life rehabilitation assitance "with rice" for total number of family whichis 05 (not 03 members) persons of the family demographic is 5, not 3 as in thecompensation plan. After consideration of the letter, Van Giang DCRC had commented:At the time of the compensation plan, his household had 03 members including Husband,wiffe and a child. The other two daughters had got married and lived in her husband'shousehold. Therefore, the DCRC planned assitance measures for 03 members which isappropriate to current regulations. His two daughters are not entitled to receive lifeassistance. After reviewing the records and grievance ltters, the consultant found that theDCRC had resolved such compensation in accordance with the regulations. However, Mr.Do Van Hien households still did not agree with this solution.2

    III.8. Assessment of the people’s level of satisfaction for the project

    47. The affected households are aware of the importance and benefit the Sub-project for theregion and beneficiary community. Affected households had not received thecompensation; most of them (98.6%) were generally satisfied with the compensation unitprice and project’s assistance fund. However, all households recommended that theproject ought to implement the compensation payment for households at soonest.

    2 Detain in Appendix 2 of the report

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    IV. CONCLUSIONS AND RECOMMENDATIONS

    IV.1. Conclusions

    48. Until Oct, 2012, the implementation of compensation and resettlement of the sub-projecthas been basically completed. The DCRC transferred the records of compensation andassistance for stakeholders for appraisal as stipulated. Most affected persons are satisfiedwith the compensation policy and have no further recommendations except looking forthe project to be early started.

    49. Basically, the PMU and the DCRC have complied with the resettlement procedures asoutlined in the Project's RP and in the Government's Decree No.69/2009/ND-CP. Thestages of dissemination of information, inventory of loss, payment of compensation areparticipated and monitored by the representatives of the affected households and relevantdepartments. Some recommendations of the affected persons were timely addressed bythe PMU and local authorities. The internal monitoring was fulfilled in full and routinelyby Subproject Management Unit.

    50. The internal reports have been prepared with adequate information, reflecting theresettlement progress as well as problems to be solved. The data are saved in the officesof the DCRC and the PMU’s office in both hard-copies and soft-copies in computerdatabase to serve the management and reporting.

    IV.2. Recommendations

    51. The subproject of Lien Nghia pumping station required temporary land occupation duringthe construction. The Consultant team recommends the PMU of the subproject ADB5prepared specific provisions included in the bidding documents as well as the constructioncontract to ensure the land return after construction as well as its quality. In particular thecultivation can be conducted immediately after the land return.

    52. It is recommended that the PMU of ADB5 subprojects and DCRC of Van Giang Districtneeds to consider severly affected households/vulnerable households and poorhouseholds. These households will be possibly have income structure affected after ladnacquisition. The measures for life and livelihood rehabilitation need to be consideredaccording to guidelines of RP.

    53. Hasten the progress of compensation payment for the affected households .

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    APPENDIXAppendix 1. List of interviewed households

    No. Name of householdersAddress

    Numberof

    peopleMale Female

    1 Nguyen Van Chien 6 3 3 42 Do van Chien 6 2 4 43 Do Van Ba 4 2 2 24 Do Van Chuc 2 1 15 Bui Van Hieu 7 2 5 46 Bi Van Dinh 4 2 2 27 Nguyen Van Ben 6 3 3 48 Do Duc Dong 6 3 3 29 Do Van Lam 6 3 3 3

    10 Dinh Van Hoa 7 3 4 411 Do Van Tiep 6 3 3 212 Nguyen Thi Khuyen 3 1 2 113 Do van Tuan 4 2 2 214 Dinh Th? Lien 3 2 1 115 Do Van Hoat 5 4 1 316 Bui Van Quy 5 3 2 417 Do Van Hoa 4 2 2 218 Dinh Xuan Truong 6 3 3 419 Do Van Toan 4 3 1 420 Nguyen Quang Trinh 3 2 1 221 Do Van Dung 2 1 1 222 nguyen Van Ngoc 5 2 3 223 Do Van Hung 3 2 1 224 Do Van Hong 2 1 1 225 Do Van Ke 4 2 2 226 Vu Thi Hai 6 2 4 227 Bi Van Thieng 6 3 3 428 Bi Van Du 4 2 2 229 Dinh Thi Cu 6 2 4 230 vu Van Tu 6 2 4 231 Le Quang Dai 5 2 3 232 Do Van Toan 4 2 2 233 To van Can 5 4 1 2

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    No. Name of householdersAddress

    Numberof

    peopleMale Female

    34 Do Van Xep 6 3 3 235 Dinh Van Tu 9 5 4 436 Nguyen Thi Tam 6 3 3 437 Bi Thi Xuyen 5 2 3 438 Nguyen Thi Bac 5 2 3 339 Dinh Thi Lu 3 3 240 Do Thi Phan 1 1 141 Do Van Hung 4 3 1 342 nguyen Van Han 6 2 4 343 Dinh Van Hanh 6 3 3 344 Do Thi Ngoan 3 2 1 245 Bi Van Vinh 4 2 2 446 Bui Thi Mai 3 2 1 247 Le Thi Cuc 1 1 148 Pham Thi Ha 4 2 2 249 nguyen Thi Lap 4 2 2 350 Nguyen Dang Tue 4 2 2 351 Vu Van Buom 10 5 5 452 Bui Van Quy 5 2 3 353 Bi Thi Xuyen 1 1 154 nguyen Trung Thanh 4 1 3 355 Dinh Van Lu 8 6 2 456 nguyen Dang tien 4 2 2 457 nguyen Dang Tu 1 0 1 058 nguyen Dang Tu 4 2 2 259 nguyen Dang Quang 8 4 4 360 Hoang Thi May 6 2 4 361 Do Van Cai 6 2 4 262 Nguyen Thi Thuy 9 5 4 563 Le Duc Hung 5 3 2 264 Bi Van Phai 10 4 6 265 To Van Phap 5 3 2 266 Nguyen Dang Chuyen 6 4 2 267 Vi Thi Hau 4 2 2 268 Vu Duc Que 7 2 5 269 Nguyen Th? Nhung 3 1 2 1

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    No. Name of householdersAddress

    Numberof

    peopleMale Female

    70 Do Duc Thiec 5 2 3 371 Dinh van Phung 4 3 1 472 Do Van Phuc 7 3 4 273 Tran Thi Mo 1 1 174 Nguyen Thi Hue 4 2 2 475 Dinh Van Nhat 4 1 3 376 Do Van May 6 2 4 277 Do Van May 4 2 2 278 Bui Thi Hau 7 2 5 279 Dinh Van Gian 6 4 2 280 To Van Tuan 4 2 2 481 Pham Hoang Hoan 3 2 1 182 To Quy Coi 6 4 2 283 Chu Van Duc 7 5 2 584 To Thi Tha 2 2 285 Do van Duyet 3 1 286 Do Van Hien 3 2 1 387 Dinh Thi Chinh 4 1 3 288 Do Thi Nhi 1 189 Dinh Thi Hue 6 3 3 290 Nguyen Dinh Tuan 7 3 4 291 Dinh Van Khoa 5 3 2 292 Do Xuan Trinh 4 2 2 293 Do Thi Hong 5 2 3 294 Nguyen Thi Lien 6 2 4 295 Nguyen Thi Hau 2 1 1 1

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    Appendix 2. Reply the grievance letter regarding request of more family members toreceive the assistance

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