ThanhHoa.RAP
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
CENTRAL PROJECT OFFICE - CPO
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RESETTLEMENT ACTION PLAN
SUB-PROJECT: “MAINTAIN, UPGRADE AND TREAT THE KEY PARTS OF LEFT DYKE OF CAU CHAY RIVER (SECTION FROM K0 - K42) YEN DINH DISTRICT, THANH HOA PROVINCE”
PROJECT: VIETNAM – MANAGING NATURAL HAZARD
[pic]
HA NOI, 9/2011
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
CENTRAL PROJECT OFFICE - CPO
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RESETTLEMENT ACTION PLAN
SUB-PROJECT: ““MAINTAIN, UPGRADE AND TREAT THE KEY PARTS OF LEFT DYKE OF CAU CHAY RIVER (SECTION FROM K0 - K42) YEN DINH DISTRICT, THANH HOA PROVINCE”
PROJECT: VIETNAM NATURAL HAZARD MANAGEMENT
|REPRESENTATIVE OF OWNER |REPRESENTATIVE OF CONSULTANT |
|CENTRAL PROJECT OFFICE - CPO |CENTER FOR ENVIROMENTAL RESEARCH |
|DIRECTOR |DIRECTOR |
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| |DUONG HONG SON |
HA NOI, 9/2011
Currency exchange rate
Currency units = VND
1 $ = 20,834 VND
Abbreviation
|AHs |= |Project affected households, firm or private institution. |
|CARB |= |Compensation Assistant and Resettlement Board |
|CPMU |= |Central Project Management Unit |
|CPO |= |Central Project Office |
|CSHT |= |Infrastructure |
|DMS |= |Detailed Measurement Survey |
|DOF |= |Department of finance |
|DONRE |= |Department of Natural Recourses and Environment |
|DPC |= |District People’s Committee |
|EA |= |Executing Agency |
|EOL |= |Estimate of losses |
|FHH |= |Female Headed Households |
|GoVN |= |Government of Vietnam |
|HHs |= |Households |
|IMO |= |Independent Monitoring Organisation |
|LURC |= |Land Use right Certification |
|MARD |= |Ministry of Agriculture and Rural Development |
|MOLISA |= |Ministry of Labour, Invalid and Social Affair |
|NGO |= |Non-Government Organization |
|SES |= |Socio-economic survey |
|PPC |= |Provincial People’s Committee |
|PPMU |= |Provincial Project Management Unit |
|RCS |= |Replacement cost survey |
|RS |= |Resettlement |
|RPF |= |Resettlement Policy Framework |
|RT |= |Resettlement Team |
|WB |= |World Bank |
NOTES:
i) The fiscal year (FY) of the Government of Vietnam ends on 31 December. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2000 ends on 31 December 2000.
ii) In this report, "$" refers to US dollars..
Definitions of Terms
|Affected people |- |refers to individuals or businesses that are directly affected socially and economically by |
| | |Bank-assisted investment project caused by the involuntary taking of land and other assets that |
| | |results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss |
| | |of income sources or means of livelihood, whether or not the affected persons must move to another |
| | |location. The involuntary taking of land includes the exercise of possession when the proprietor has |
| | |allowed and benefited from others' occupation of the area. In addition, displaced person is one for |
| | |whom involuntary restriction of access to legally designated parks and protected areas that result in|
| | |adverse impacts on livelihoods also; this category of displaced person would be unlikely in the urban|
| | |area, however. |
|Compensation |- |Payment in cash or in kind to replace losses of land, housing, income and other assets caused by the |
| | |Project. All compensation is based on the principle of replacement cost, which is the method of |
| | |valuing assets to replace the loss at current market rates, plus any transaction costs such as |
| | |administrative charges, taxes, registration and titling costs. |
|Cut-of-date |- |The date of completion of inventory of losses during preparation of the RAP. Displaced Persons and |
| | |local communities will be informed of the cut-off date for each project component, and that anyone |
| | |moving into the Project Area after that date will not be entitled to compensation and assistance |
| | |under the Project. |
|Eligibility |- |means any person who at the cut-off-date was located within the area affected by the project, its |
| | |sub-components, or other subproject parts thereof, and would have their: (i) standards of living |
| | |adversely affected, (ii) rights, titles, or claim in any land (agricultural, grazing or forest), |
| | |house or structure (be it residential, commercial permanent or temporary), or (iii) production assets|
| | |such as business, occupation, place of work, residence, or habitat, or (iv) access to assets |
| | |adversely affected (e.g. fishing rights). Eligibility is irrespective of: (a) formal legal rights to |
| | |land, or (b) customary claim to land or asset, or (c) having no recognizable legal right or claim to |
| | |the land they are occupying. |
|Unit of entitlement |- |is the individual, the family or household, or the community that is eligible to receive compensation|
| | |or rehabilitation benefits |
|Entitlement |- |range of measures comprising compensation, livelihood restoration, transfer assistance, income |
| | |substitution and relocation which are due to affected people, depending on the nature of |
| | |their losses, to restore their economic and social base. |
|Land Acquisition |- |Means the process whereby an individual, household, firm or private institution is compelled by a |
| | |public agency to alienate all or part of the land it owns or possesses to the ownership and |
| | |possession of that agency for public purposes in return for compensation equivalent to the |
| | |replacement costs of affected assets. |
|Project impact |- |Means any consequence immediately related to the taking of a parcel of land or to restrictions in the|
| | |use of legally designated parks or protected areas. People directly affected by land acquisition may |
| | |lose their home, farmland, property, business, or other means of livelihood. In other words, they |
| | |lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access.|
|Rehabilitation | |Means assistance provided to project AHs due to the loss of productive assets, incomes, employment or|
| | |sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at|
| | |a minimum, full restoration of living standards and quality of life. |
|Relocation |- |Means the physical relocation of an AP from her/his pre-project place of residence.. |
|Replacement Cost |- |Is the method of valuation of assets that helps determine the amount sufficient to replace lost |
| | |assets and cover transaction costs. For agricultural land, it is the pre-project or pre-displacement,|
| | |whichever is higher, market value of land of equal productive potential or use located in the |
| | |vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the |
| | |affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is |
| | |the pre-displacement market value of land of equal size and use, with similar or improved public |
| | |infrastructure facilities and services and located in the vicinity of the affected land, plus the |
| | |cost of any registration and transfer taxes. For houses and other structures, it is the market cost |
| | |of the materials to build a replacement structure with an area and quality similar to or better than |
| | |those of the affected structure, or to repair a partially affected structure, plus the cost of |
| | |transporting building materials to the construction site, plus the cost of any labour and |
| | |contractors’ fees, plus the cost of any registration and transfer taxes. In determining the |
| | |replacement cost, depreciation of the asset and the value of salvage materials are not taken into |
| | |account, nor is the value of benefits to be derived from the project deducted from the valuation of |
| | |an affected asset. Where domestic law does not meet the standard of compensation at full replacement |
| | |cost, compensation under domestic law is supplemented by additional measures so as to meet the |
| | |replacement cost standard. In applying this method of valuation, depreciation of structures and |
| | |assets should not be taken into account. For losses that cannot easily be valued or compensated for |
| | |in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing,|
| | |or forest areas), attempts are made to establish access to equivalent and culturally acceptable |
| | |resources and earning opportunities. Where domestic law does not meet the standard of compensation at|
| | |full replacement cost, compensation under domestic law is supplemented by additional measures |
| | |necessary to meet the replacement cost standard. Such additional assistance is distinct from |
| | |resettlement assistance to be provided. |
|Resettlement |- |In Bank terminology, covers all direct economic and social losses resulting from land taking and |
| | |restriction of access, together with the consequent compensatory and remedial measures. Resettlement |
| | |is not restricted to its usual meaning-physical relocation. Resettlement can, depending on the case, |
| | |include (a) acquisition of land and physical structures on the land, including businesses; (b) |
| | |physical relocation; and (c) economic rehabilitation of displaced persons (DPs), to improve (or at |
| | |least restore) incomes and living standards. |
|Resettlement Plan | |Means the time-bound action plan with budget setting out resettlement and compensation strategy, |
| | |objectives, entitlements, actions, responsibilities, monitoring and evaluation. Resettlement plan |
| | |should be prepared and approved prior to loan appraisal for the Project. |
|Severely affected |- |This refers to affected HHs who will (i) lose 20% or more of their total productive land and assets |
|households | |(10% for vulnerable group), and/or their total income sources due to the Project; and/or (ii) have to|
| | |relocate. |
|Significant resettlement |- |Means 200 people or more will experience major impacts, which are defined as being physically |
|effects | |displaced from housing and/or losing 20% or more of their productive assets and income generating |
| | |(10% for vulnerable group). |
|Vulnerable Groups |- |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) women headed household |
| | |(widow, disabled husband) with dependents, (ii) disable or the elderly alone, (iii) poor people |
| | |(living below the state poverty threshold), (iv) the landless, and (v) ethnic minority groups. |
TABLE OF CONTENT
EXECUTIVE SUMMARY 8
I. INTRODUCTION 11
1.1 Introduction of project and subproject 11
1.2 Mitigation measures of adverse impacts 18
1.3 Purpose of resettlement action plan (RAP) 18
II. SUB-PROJECT IMPACTS 19
2.1. Procedures and methods of Estimation of Loss 19
2.2 Sub-project impacts 19
III. RESULTS OF SOCIO-ECONOMIC SURVEY 23
3.1 Socio-economic survey in the affected sub-project area 23
3.2 Demographic characteristics of affected HHs 24
IV. POLICY FRAMEWORK AND ENTITLEMENTS 27
4.1 Legal documents on land acquisition and resettlement 27
4.2 Compensation and resettlement policy 31
4.3 Compensation and resettlement strategies 38
V. LIVELIHOOD RESTORATION PROGRAMS 40
5.1 Objectives 40
5.2 Principles 40
5.3 Proposed livelihood restoration program 40
VI. RESETTLEMENT ARRANGEMENT 42
7.1. The WB’s Information Disclosure Policy (OP17.50) 43
7.2 Information disclosure 43
7.3 Public consultation 45
8.1 World Bank’s Requirements 46
8.2 Project Grievance Redress Mechanism 47
IX INSTITUTIONAL ARRANGEMENT 48
9.1 Responsibility of Project owner 48
9.2 Responsibility of People Committee 49
X MONITORING AND EVALUATION 51
101 Internal monitoring 51
10. 2 External Monitoring………………………………………………………………...53
XI. BUDGET AND COST ESTIMATE 54
11.1 Financial sources 54
11.2 Compensation and allowance cost estimate 54
11.3 Contingencies for prise arising and unexpected expenditures 57
11.4 Total budget of estimated sosts 57
XII. IMPLEMENTATION SCHEDULE 58
12.1 Implementation activities 58
12.2 RAP updating procedure 62
12.3 Implementation plan 63
LIST OF TABLES AND FIGURES
Figure 1. Map of sub-project area and the surrouding areas 15
Table 1: List of first year sub-projects 15
Table 2: Acquired land area of communes 21
Table 3: Loss of affected crops and trees 22
Table 4: Population and land use of 11 communes in sub-project area 24
Table 5: Income of AHs 25
Table 6: Basic differences between Vietnam resettlement policy and the WB’s involuntary resettlement policy (OP4.12) 30
Table 7: Entitlement matrix 33
Table 8: Internal monitoring indicators 51
Table 9: External monitoring indicators 53
Table 10: Summary of compensation cost of the subproject 56
Table 11: Assistance costs 57
Table 12: Contingencies for arising price 57
Table 13: Summary of costs 58
Table 14: Implementation Schedule 63
Table 15: Investigation results 68
LIST OF appendix
APPENDIX 1: REPORT ON REPLACEMENT COST SURVEY 65
APPENDIX 2: REFERENCE TABLES 70
EXECUTIVE SUMMARY
• Purpose of sub-project:
Rehabilitating, upgrading Cau Chay left bank river dike from K0 [pic] K42 and on-dike structures aims at protecting lives and properties of more than 130,000 people on an area of 10,000 ha in 25 communes and towns of Yen Dinh district.
Ensuring the long-term stability, limiting risks in case of heavy floods or storms, ensuring the safety from designed floods, storms; and providing a road for rescue and relief purposes in combination with dike access and check during the flood or storm event, meeting the transportation demand in the region so as contributing to accelerate the socioeconomic development and sustainable environment and scenery in the project area.
• Scope of impact
Executing sub-project “Maintain, upgrade and treat the key parts of left dyke of Cau Chay river (section fromK0 - K42) Yen Dinh district, Thanh Hoa province” will acquire land and assets on land in the sub-project area. Sub-project will affect on 697 households and land and property of 08 CPCs and 01 the Elderly Association in 11 communes, Yen Dinh district, Thanh Hoa province. Total area of permanently acquired land will be 147,337 m2. Of which, 118,119m2 of affected area belonging to 263 AHs + 3CPCs are agricultural land; 6,803 m2 belonging to 58 AHs are residential land; 21,998 m2 belonging to 35 AHs are aquaculture area; 418m2 belonging to 01 AHs are garden land. Structures of 120 AHs will be affected such as house, temporary house, breeding facilities, fence, secondary structures, etc, Trees of 306 AHs + 01 the Elderly Association will be affected, and 165,554 m2 belonging to 387 AHs will be affected on crops such as: Rice, corn, cassava, glory morning, sugar-cane, etc.
Total of temporarily acquired land during construction will be 537,673 m2
The survey results show that:
- 20 severaly AHs ( of which 18 HHs will lose more than 20% of productive land, and 02 poor HHs will lose more than 10% of productive land)
- 03 AHss have to relocate graves
- No displaced household
- 2 households are affected on their business (one is grocery and one is ice husking shop)
- 43 AHs are in vulnerable group (24 poor Ahs, 28 FHHs, 9 poor FHHs)
- There is no affected ethnic minority Ahs. In sub-project area and vicinity, there is no ethnic minority.
• Main demographic characteristics of AHs
According to the socio-economic survey showed that, there are 697 AHs, in which: 28 AHs which headed household is female. (occupies 4.02%) and 24 poor households (occupies 3.44%). Age of headed household is from 18 – 55 ( occupies 62.9%), above 56 age occupies 37.1%. Education of almost headed household is from secondary school (with 425 people) occupies 60.97%, primary school is 223 people (occupies 32%), the remaining is universities. There are no illiterated AHs. More than 90% of total AHs have main income from agriculture. According to the socio-economic survey, amongst 697 AHs, there are 28 FHHs (account for 4.02%) and 24 poor households (account for 3.44%). The average age range of householders are from 18 to 55 (account for 62.9%) and over 56 (account for 37.1%). The education level of most householders is secondary school (425 people - account for 60.97%) and some are primary school level (account for 32%), few people achieve higher degree. No household is illiterate. Over 90% of total AHs mainly earn from agriculture.The annual average income of AHs ranges from 1.1 – 2.5 millions VND/month. The number of AHs who have the monthly average income 2 – 3 millions VND/month account for 60.26 %, 1 – 2 millions VND/month accounting for 21.81 %, < 1 millions VND/month accounting for 14.78 % and 3 - 5 millions VND/month accounting for 3.16 %. The AHs whose monthly income below 1 million VND are mainly disadvantaged and poor AHs; FHHs and AHs under the capability to develop economic.
• Legal basis:
The legal and policy framework for compensation, resettlement and rehabilitation of the Project is defined by the relevant laws and regulations of the Government of Vietnam and the WB policies. In case of discrepancies between the Borrower’s laws, regulations, and procedures and WB's policies and requirements, WB's policies and requirements will be prevailed, consistent with Decree No. 131/2006/ND-CP which provides that in case of “discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item 5).
• Entitlement of the AHs
Entitlements of the AHs has been formulated and stated in the RAP equivalent to impacts identified in estimation of loss (EOL) and socio-economic survey. These entitlements will be updated, if required, after finishing DMS and public consultation with AHs to ensure all losses will be certainly restored or improved.
• Information disclosure, consultation, and grievance Redress:
Consultations, public meetings and village discussions with the AH and local officials were carried out during the RAP formulation. The project policy and options of relocation and livelihood restoration were discussed in these meetings. AHs’ ideas on related issues were presented in the RAP. Grievance Redress mechanism has been designed to ensure that AHs' complaints and grievance will be addressed and resolved timely and precisely. AHs will be notified about their entitlement through announcement and written papers during public consultation, survey, at the time of compensation payment. The primary information in the draft resettlement plan will be announced to the PAPs prior to the appraisal of WB.
• Institutional arrangements
Ministry of Agriculture and Rural Development (MARD), the investor agency and the Central Project Office (CPO) will coordinate the implementation of this resettlement plan. MARD will coordinate with the PC of Thanh Hoa provinces and directing the Department of Agriculture and Rural Development (DARD) and Department of Hydrology Project Management to ensure that the compensation and assistance are made as to the provisions of this resettlement plan. Resettlement Committee of Thanh Hoa province and Yen Dinh district with representatives of AHs will be established to discuss the compensation. During the implementation, external monitoring agency will monitor to ensure the compensation and assistance in accordance with the approved resettlement plan.
• Compensation and resettlement strategies:
AHs that have to relocate will participate in identifying and selecting options to relocate on their existing plots (for residence as per local regulations), or to move to plots provided by the district or to receive cash compensation and to make their own arrangements for relocation. In the case that any businesses have to relocate, they will be assisted to find viable new sites. Severely AHs that loses 20% or more of total productive landholding will be provided with replacement land or cash compensation, depending on their preference. Also, severely AHs will be provided with allowances for life and production stabilization. Appropriate livelihood restoration programs will be designed and implemented during project implementation in consultation with AHs during the project implementation process. AHs will not be displaced until they will have been allocated land/ houses in resettlement sites.
• Summary of cost estimate
Total Costs for compensation, assistance and resettlement is of 32,051,207,890 VND equivalent to 1,538,409 USD. . In which, compensation cost is 18,376,777,501VND equivalent to 882,057USD; and remaining costs are assistance cost, cost of stable life, cost of income restoration, cost of support and relocation and other costs. Total compensation and resettlement cost will be exactly identified after implementation of DMS.
I. INTRODUCTION
1.1 Introduction of project and subproject
1.1.1 Vietnam Managing Natural Hazards Project (WB5)
• Contents of WB5 project
Vietnam is one of 10 countries in the world that usually suffer severe consequences of natural disasters. The common disasters include typhoons, tropical storms, floods, landslides, and droughts, of which typhoons and floods are by far the most frequent and severe. Every year, natural disasters cause significant economic, social, and environmental damages, directly hindering the country from sustainable socio-economic development. Particularly, the Central Region, which is a narrow land strip along the coastlines on the eastern side of Truong Son mountain range and has a complex terrain sloping towards the East Sea, suffers the most frequent influence of typhoons, tropical storms, and floods (counting for 65%). Storms often happen repeatedly in a short time, even two or three storms of high intensity occur in one month, and floods appears quickly and strong, resulting in serious damages..
Natural disasters are factors that directly impede sustainable socio-economic development and booster poverty. With profound awareness of human casualties and material losses caused by natural disasters, the Government of Vietnam has considered natural disaster management and mitigation as one of important activity of the sustainable development process. In 2007, the Government developed “National Strategies for Natural Disaster Prevention and Mitigation to 2020" which include tasks of ensuring safety for dyke systems and improving anti-storm capacity of embankment system in all provinces of the Northern region and the Central coastal region, reinforcing and enhancing sea dykes in the whole country, ensuring safety of reservoirs, particular those near dense population areas and sensitive areas in economic, politic, and cultural terms, as well as near important works relating to national security and defense.
Vietnam Natural Hazard Management Project (WB5) is being prepared by the Government of Vietnam through the Central Project Office (CPO) under Ministry of Agriculture and Rural Development (MARD). The project is partially funded by the World Bank’s loan and implemented in 10 Central provinces including Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Da Nang, Quang Nam,Quang Ngai, Binh Dinh and Ninh Thuan.
• Project’s general objective
Enhance prevention, response and mitigation posibilities at all levels. Strengthen institutional capacity and management for disaster to respond to disaster risk; improve weather forecasting and early warning capabilities to mitigate the negative impact of natural disasters for selected provinces in Vietnam.
• Detail objectives of project:
Short-term objectives of the Project are (i) strengthening capacity of natural disaster risk management agencies at the national, provincial, and district levels to improve plan preparation and risk mitigation; (ii) enhancing early natural disaster forecast and warning systems; (iii) building capacity at communal and village levels to support development of “Plans of safe villages and safe communes”; (iv) mitigating natural disaster risks at highly prioritized areas through arrangement of effective structural measures and investments in construction of small and medium-scale infrastructure; (v) improving capacity of project management and implementation, environmental and social management in integrated management of natural disasters.
Long-term objectives of the Project are (i) increasing the capacity of natural disasters prevention, response, and mitigation at the national, provincial, district, and communal levels in Vietnam; reinforcing the preparedness for community-based disaster management; improving weather forecast and early warning capacity; and mitigating negative disaster impacts on selected provinces in Vietnam; (ii) improving the Natural Disaster Management system in Vietnam in accordance with the national strategy, providing disaster mitigation measures and climate change solutions for Vietnam. Reinforcing natural disaster management capacity and institution to better meet short-term and long-term demands of the most vulnerable areas to mitigate human, economic, and financial losses when natural disasters happen. Besides, the project will focus on strengthening capacity at the national, regional, and provincial levels in early prediction and warning.
• Project Components:
The project is designed with five main components to achieve following outcomes:
- Improved instructional management of natural disasters at all levels.
- Improved early forecast and warning systems.
- Upgraded prevention and mitigation infrastructure for natural disaster damages in the project provinces.
- Promoted the community-based natural disaster management program of Vietnam.
- Enhanced project organization, management, and implementation skills.
Component 1: Institutional Strengthening
This component will strengthen institutional capacities for Disaster Risk Mitigation (DRM) planning at national and provincial levels. It will help prepare a national DRM database to track the progress of actions taken, strengthen the capacity of the newly formed Central of Disaster Prevention and Mitigation (CDPM); improve/extend provincial level integrated disaster risk management planning, support provincial disaster mapping and zoning, support dam safety database management, support further work on disaster-resilient building code design based on different geographical regions; strengthen disaster management communications; and build co-operation mechanisms among national/ regional/ provincial/ district/ communal Disaster Management Centers to provide effective and consistent disaster prevention and response activities.
Component 2: Strengthening Weather Forecast and Hydro-meterological-Originated Early Warning Systems
Main activities of this component are to provide modern hydro-meteorological observation equipment and communication facilities, develop databases, and strengthen systems for the dissemination of forecasts and early warnings to different stakeholders.
Component 3: Community-Based Disaster Risk Management
This component will mainly support the Community-Based Disaster Risk Management Program (CBDRM). Provincial level Centers of Disaster Prevention and Mitigation (CDPM) will be established (or strengthened where already exist) and will provide support for district- and commune-level disaster prevention and mitigation activities, encompassing planning and mitigation strategy development. Support will be provided for disaster prevention and mitigation training at community levels as well as for small-scale priority investments, especially for flood and drought mitigation. Training will be provided for communities for disaster prevention and response measures through training activities on campaigns and dissemination of knowledge about storm/ flood prevention and disaster mitigation; capabilities of on-site disaster response will also be enhanced for local organizations and individuals in hazard-prone areas.
Component 4: Support for Priority Disaster Risk Mitigation Investment
The project will be implemented in 10 coastal provinces of the central region. Main activities of this component are to support the Government in implementing significant structural measures proposed in the Implementation Plan of the National Strategy for Natural Disaster Prevention, Response, and Mitigation to 2020. A river basin approach was used to identify and prioritize investment subprojects within the selected basins in the Central Region. The structural measures will mitigate risks posed by floods, landslides, and major storms.
The project provinces have proposed investment items to be implemented in the project, including reinforcing, improving, and upgrading degraded dikes, embankments, dams, and rescue paths in order to enhance the ability of preventing natural disasters, ensuring safety for production, assets, and lives of the local people in the river basins in 10 provinces of the Central Region.
Component 5: Project Management
This component would provide support for project management activities including preparation, implementation and monitoring of social and environmental safeguard policies, fiduciary and financial management, etc. It also will support the development of an M&E system for the project.
• Project Impacts
Positive Impacts
Through the proposed investment items such as improving and upgrading reservoirs, reinforcing dams, river embankments and dikes, the project will bring about pragmatic benefits for the country and communities. Specifically: (i) strengthening disaster management and response capacity for levels, sectors, and communities; (ii) mitigating risks caused by loose safety of reservoirs and dikes; (iii) protecting approximately 900,000 people (more than 210,000 households) and nearly 50 thousand of hectares of productive land will not be exposed to annual floods and droughts; (iv) dealing with the lack of irrigative water, domestic water, and improving living standards for local people in the project areas; and (v) improving the eco-environment and local transportation, contributing to socio-economic development and creating landscapes for the project areas.
Negative Impacts
To upgrade and improve existing works such as dykes, revetments, reservoirs, dams and rescue roads which were constructed long time ago and being deteriorated seriously, land acquisition and negative impacts on production of the local households in the works sites are unavoidable. However, these impacts are marginal because selection of works and alternative technical design comply with the project requirements, aiming at minimizing land acquisition and assets of the local people. According to the preliminary assessment (conducted by the Project Preparation Team of the Ministry of Agricultural and Rural Development), approximately 3,000 rural households (equivalent to about 12,900 people) are to be affected as a result of all sub-projects to be implemented throughout the project life. Most impacts are related to loss of agricultural land, with limited physical relocation required and loss of businesses given the nature of subprojects (rehabilitation of existing structures). According to the census surveys done for six first-year subprojects, approximately 1,294 households (with about 5,525 persons) would be affected, of which about 3.2% of these households are severely affected as a result of loss of more than 20% (10% for poor and vulnerable households) of their agricultural land, 3 relocated HHs and 8 business PAHs. The total area of land permanently affected at these six subprojects is 26.12 ha, of which residential land is 1.8ha, agricultural land - 19.23ha, aquaculture land – 3.56 ha, forest land – 0.0 ha and garden land – 1.44ha; total temporarily affected land area is 55.89 ha, including possibly some borrow pit, quarries, disposal sites. The number of grave affected is 22, concentrated in Binh Dinh province (18 graves). There are no ethnic minority households are affected as a result of the six first-year subprojects. The exact number of PAPs and assets affected by subprojects will be identified after completion of DMS of each subproject.
1.1.2 Introduction about sub-project
Sub-project “Maintain, upgrade and treat the key parts of left dyke of Cau Chay river (section from K0 - K42) Yen Dinh district, Thanh Hoa province” is one of 06 priority sub-projects to be implemented in the first year, 2011.
Table 1: List of first year sub-projects
|No |Name of Sub-project |District/ Province |Note |
| | |Residential |Agricultural |Aquacultural |Garden | |
|1 |Yen Tam |0 |300 |0 |0 |0 |
|2 |Yen Lac |0 |33739 |4366 |0 |45337 |
|3 |Yen Giang |143 |8793 |0 |0 |74137 |
|4 |Yen Thinh |2732 |29875 |1154 |0 |55000 |
|5 |Yen Phu |0 |9058 |5391 |0 |145000 |
|6 |Dinh Thanh |1851 |8179 |5497 |418 |44159 |
|7 |Dinh Binh |259 |1921 |628 |0 |21000 |
|8 |Dinh Tang |575 |21028 |1660 |0 |60000 |
|9 |Dinh Tuong |1242 |3076 |3303 |0 |0 |
|10 |Dinh Hoa |0 |0 |0 |0 |23000 |
|11 |Dinh Cong |0 |2149 |0 |0 |70040 |
|Total |6803 |118,119 |21,998 |418 |537,673 |
Permanently acquired land will be applied replacement cost-based compensation.
Total temporary acquision land area is 537,673 m2, including possibly some borrow pit, quarries, disposal sites, belongs to 84 households and 07 CPCs. These areas are used to make soil exploiting dumps for embanking dyke. This material mine is surveyed by design consultants and it is expected to be used to make materials. Construction unit will take off the top layer of bad quality soils and take soil layers which meet standard to using for embanking dyke.
All of the lands which are used to make material exploiting dumps are land to grow crops which Ahs hired of CPCs. Crops is grown on land including: Maize, sugar cane, cassava, potato, etc. During construction time, Ahs will stop growing to implement construction activities.
After exploiting, this soil will be lost fertile layer, capacity will be decreased. Therefore, after finishing exploitation, Contractors will restore, leveling and add soil into empty area. These Ahs will be compensated to improve cultivated capacity as previous. Temporarily acquired land will be paid by the Construction Contractor in period of acquisition based on replacement cost.
- After completing construction, the contractor will return acquired land as before by land clearance, collecting construction material, waste solid, leaked oil, etc. and has to report to Thanh Hoa PPMU.
- Agricultural production will be compensated (in case of agricultural or annual tree land) in consideration of acquisition period. Compensation value is equivalent to productivity of annual trees (that is estimated by the authorities) on the acquired land multiplied by number of crops and multiplied by replacement cost of each type of production.
- Environmental Management Plan will define the specific procedures, the consulting and the construction supervision and IMO will ensure that (i) the location and regional alignment of the temporary land (including possibly some borrow pit, quarries, disposal sites) use will cause adverse effects at least on social aspect, (ii) the land owner is fully informed about their rights and entitlements under the resettlement policy of projects, and (iii) an there are agreements between landowners and construction contractors.
2.2.4 Effects on tree and crops
There are 306 AHs and the Elderly Association whose trees are affected with 94,135 trees. Affected trees include wodden trees such as bamboo, eucalyptus (80,680 perennial trees); fruit trees (13,455 trees) as jackfruit, grapefruit, coconut, banana; vegetable as water morning glory, sweet potato buds; annual trees as rice, potato, maize, etc.
There are 387 AHs whose crops are affected with total area of 165,553.6 m2.
Detailed information on affected AHs, amount and type of affected trees is presented in Appendix 2 and the table below.
Table 3: Loss of affected crops and trees
|Commune |Number of AHs have |Fruit trees |Perenial trees |Number of AHs have affected |Crops (m2) |
| |affected trees | | |crops | |
|Yen Tam |0 |0 |0 |0 |300 |
|Yen Lac |21 + Elderly Association|1610 |10495 |22 |11096.71 |
|Yen Giang |16 |487 |1573 |20 |6934.81 |
|Yen Thinh |87 |4469 |43785 |41 |29060.55 |
|Yen Phu |24 |448 |4757 |59 |16916.58 |
|Dinh Thanh |30 |439 |2492 |39 |7631.44 |
|Dinh Binh |23 |399 |3115 |55 |1883.40 |
|Dinh Tang |39 |2235 |9407 |82 |22186.66 |
|Dinh Tuong |24 |1149 |189 |21 |3911.61 |
|Dinh Hoa |10 |1269 |2655 |5 |582.00 |
|Dinh Cong |32 |950 |2212 |43 |65049.80 |
2.2.5 Effects of relocation and resettlement
According to EOL, in total of 697 AHs, 2 AHs will loose houses, however relocation will not be required since the remaining land is still enough to build new houses.
2.2.6 Effects on business and income
Based on EOL, 02 households’ business are affected including 01 grocery and 01 rice husking shop in Dinh Tuong commune.
2.2.7 Grave relocation
According to EOL, there are có 03 graves of 03 AHs in sub-project area will be affected.
Those graves were built long time ago. The Consultant was surveyed and consulted those Ahs on relocation of graves and compensation. All affected Ahs agreed to remove the graves but expected to receive the allowance and implement with local ceremonial.
2.2.8 Effects on historical/cultural heritage
In the sub-project area, there is no historical/cultural heritage to be impacted by the implementation of the sub-project.
2.2.9 Severely AHs due to the acquisition of land and assets
According to the Resettlement Policy Framework (RPF) of the project, severely affected households refer to AHs who will (i) lose 20% or more of their total productive land and assets, and/or their total income sources due to the Project; and/or (ii) have to relocate. Based on the results of socio-economic survey, there are 20 severely Ahs of which 18 AHs lose more than 20% of productive land area and 02 poor AHs lose more than 10% of productive land. Severely affected households will receive special allowances to help them recover their life as before commence of subproject.
RESULTS OF SOCIO-ECONOMIC SURVEY
1. Socio-economic survey in the affected sub-project area
General information on socio-economic situation of sub-project are “Maintain, upgrade and treat the key parts of left dyke of Cau Chay river(section from K0 - K42) Yen Dinh district, Thanh Hoa province” and affected HHs includes data of land acquisition and resettlement impacts. Data of sub-project consists of land-use map, demography as occupation, income, education, poor level in sub-project communes.
i) Total natural land of 11 communes is 8,985.97 ha, mainly agricultural area of 5,496.83 ha (accounting for 61.17%); forestry area of 451.91 ha (5.03%); unused land area of 445.92 ha (4.96%); other type s are residential area, specialized land, aquacultural area (refer to below table).
Table 4: Population and land use of 11 communes in sub-project area
|Commune |Agricultural land |Forestry land |Unused land |Population (people)|Density (people/km2) |
|Yen Tam |523.52 |39.53 |56.06 |3,720 |432.89 |
|Yen Giang |587.51 |9.80 |155.94 |3,658 |342.99 |
|Yen Phu |366.71 |42.58 |2.34 |4,695 |772.14 |
|Yen Thinh |370.1 |14.40 |25.00 |5,780 |1,123.31 |
|Yen Lac |389.15 |13.27 |20.29 |5,085 |838.75 |
|Dinh Tang |630.11 |5.08 |4.54 |7,228 |721.78 |
|Dinh Binh |510.66 |0 |0 |6,700 |878.26 |
|Dinh Tuong |452.02 |0 |0 |7,135 |1,058.31 |
|Dinh Hoa |748.73 |64.28 |48.47 |7,785 |707.10 |
|Dinh Cong |393.32 |71.19 |22.28 |4,860 |745.82 |
|Dinh Thanh |525.00 |191.78 |111.00 |6,500 |570.08 |
ii) Main occupation of HHs in sub-project area is agricultural production. Number of worker in this sector account for 58.68% of total population, industry sector – 16.6% service sector – 25.26%. Income per capita is 12.1 million VND/person/year, maximum – 16.4 million VND/person/year and minimum - 8 million VND/person/year. Average desity of population in sub-project area is 702,72 people/km2. According to the survey, there are about 11.61% of total population living under poor level (with average income of 300,000 VND/month). There are 446 FHHs and 1502 policy HHs in total of 15,543 HHs of 11 affected communes;
iii) 100% population is Kinh;
iv) Infrastructure: Sub-project is in center of district with markets, health care centers, schools (high schools, primary schools and preschools).
3.2 Demographic characteristics of AHs
General characteristics of AHs
A socio-economic survey of affected people was carried out at sub-project area to collect data on economic, social, number of members in households, number of working age, gender, educational level, occupation, income, etc...
The results of socio-economic survey showed that there are 697 AHs have been investigated, including 669 AHs headed by males and 28 HHs headed by female as single, widows, or divorced woman, but living together with their .parents and brothers and sisters.
With regard to ages of Ah heads, 62.9 % of AHs heads are at the age from 18-55. There are 37.1% of headed AHs higher than 56 years old.
In the total of 697 AHs most AHs have the family size of 4 persons (498 AHs accounting for 71.45 %), family size of 5 - 7 persons (170 AHs accounting for 24.4 %). There is only 4.15% of total AHs which have the family size of more than 7 persons (29 AHs).
Most of the Ah heads have the education level of secondary school with 425 PAPs accounting for 60.97 %. The Ah heads with education level of primary school are 223 PAPs accounting for 32%. And there are 49 Ah heads with high school level, accounts for 8.03%.. No Ah heads of intermediate education level. No illiteracy Ah heads.
100% the AHs have the legal LURC.
The annual average income of AHs ranges from 1.1 – 2.5 millions VND/month. The number of AHs who have the monthly average income 2 – 3 millions VND/month account for 60.26 %, 1 – 2 millions VND/month accounting for 21.81 %, < 1 millions VND/month accounting for 14.78 % and 3 - 5 millions VND/month accounting for 3.16 %. The AHs whose monthly income below 1 million VND are mainly disadvantaged and poor Ahs; FHHs and Ahs under the capability to develop economic.
Almost AHs’ income is from agricultural production, mainly cultivation (2-crop rice). Some AHs have animal husbandry and plant fruit trees as grapefruit, jackfruit, etc. Major occupation of 635 AHs, accounting for 91,1% is agricultural production. Official, teacher and retiree are main occupation of 36 AHs, accounting for 5.16%. People, business or hired labour, account for 3.74% of total AHs.
Table 5: Income of AHs
|Monthly income (1.000 VND) |Total |Percentage (%) |
|< 1,000 |103 |14.78 |
|1,000 – 2,000 |152 |21.81 |
|2,000 – 3,000 |420 |60.26 |
|3,000 – 5,000 |22 |3.16 |
|Total |697 |100 |
Households not severely affected
In the 697 AHs affected their land and assets by sub-project, 677 AHs affected small partial of land, few trees, fences and a some of temporary architecture and they do not belong to vulnerable group. These AHs can still continue production on the remaining land area, reconstructive damaged architecture on the existing area and the impact of land and assets loss by sub-project do not cause too large influence to their lives and their livelihoods.
The majority of AHs is working in agriculture and their income is about 2 million/month. Ah heads mainly aged from 18 to 55 years old; therefore they need more technical training program and knowledge assistance afterward in livelihood restoration and economic development as well as training support for their job change.
Characteristics of vulnerable group
In the survey, there are 43 vulnerable Ahs, of which there are 28 FHHs and 24 poor AHs, 09 poor FHHs. Average family size is 4.54 people/AH. Average age of AH head is 40-55. Main income source is agricultural production (accounting for 90% of total income) such as cultivation, livestock, etc and other 10% is from Government’s assistance, wage-earning, etc.
For the FHHs, the education level is generally lower than the average education level of AHs. In the total of 28 FHHs, there are 28.57 % graduated secondary school, equivalent to 8 women, next is 19 women, accounting for 67.86 % graduated primary school. There is only 01 FHH graduated high school (accounting for 3.57%). There is no illiteracy FHHs.
Amongst 43 vulnerable HHs, there are 02 Ahs loss more than 10% of their productive land. Most AHs only affected small portion of land and trees, some structures works and crops.
100% of total AHs are Kinh people.
Characteristics of severely affected Ahs
There are 20 severely AHs, in which 18 AHs will lose more than 20% of productive land and 02 poor AHs will lose more than 10% of productive land. Average family size is 4.25 people/Ah. Average age of Ah head is 40-47. Main income source is agricultural production (accounting for 70% of total income) such as cultivation, etc and other 30% is from small business, wage-earning, etc.
Expectation of compensation, resettlement and subsistence assistance
All the Ah were interviewed during the socio-economic surveys about the compensation options, 77 households, 11.05% of total affected households, gave ideas that they wanted to have land for land compensation instead of cash compensation, most of them have small resource of productive land and affected area.
620 AHs selected cash compensation, accounting for 88.95%, because of their small affected area and no effect on their production and business, therefore in-cash compensation option was the most businesslike. Moreover, the Ahs can utilise their compensation payment for many purposes such as income generation and subsistence stabilization
Regarding options for income restoration, many AHs (52.3 %) chose the in-time compensation, meaning that the compensation and assistance will be immediately given to the PAPs before the land clearance , so that the PAPs will have money for income restoration plan. The next options chosen by the AHs were provision of credit loans for production development (8.1 %), extension assistance (13.8 %), vocational training (10.4 %) and assistance with breeding, samplings, in-cash assistance ( detailed data in the table below).
Based on the rate of income restoration options chosen by the AHs and the community consultation results, the plan of income restoration will be developed to facilitate to the implementation of the sub-project.
During socio-economic survey, the AHs were interviewed about their plan of spending compensation payment. The table shows that their plans mainly concentrate on purchasing valuable assets and house instruments, such as motobikes, colour television, electric fans and so on (46.7%). Due to the difficult living conditions of local residents, the upgrading of their lives will be the most priority, and the next priority will be saving money or investment in healthcare or education.
Some AHs will put their compensation money in the bank, accounting for 7.5 % and others will spend for health care and education.
With characteristics of natural condition, Yen Dinh district has large area of agriculture. Therefore, a few AHs will spend compensation money for buying a new land. Only 2% of total AHs selected this opinion.
IV. POLICY FRAMEWORK AND ENTITLEMENTS
4.1 Legal documents on land acquisition and resettlement
RPF was adopted to guide the formulation and implementation of resettlement plans for all sub-projects requiring land acquisition. The overall objectives of the project is to ensure that all PAPs are able to maintain and, preferably, improve their pre sub-project living standards and income-earning capacity through compensation and assistance, to restore life to all types of assets and their affected land (permanent and temporary land loss and the property on land).
The RPF is designed based on the laws and regulations of the Government of Vietnam and policies for involuntary resettlement of the WB.
4.1.1 Vietnam Laws and Policies of Land Acquisition and Resettlement
Constitution of the Socialist Republic of Viet Nam (1992) confirms the right of citizens to own and protect the ownership of a house. In addition, the Government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation and resettlement. The principal documents include:
i) Land law passed by the National Assembly on 26 November 2003.
ii) Decree 181/2004/ND-CP of the Government, dated 29 October 2004, on executing Land law.
iii) Decree 197/2004/ND-CP of the Governement, dated 03 December 2004, on compensation, assistance and resettlement when the State acquires the land. This is arguably the key piece of legislation which replaces Decree 22/CP dated 24 April 1998 which previously provided the primary basis for compensation and resettlement activities.
iv) Decree 198/2004/ND-CP of the Government, dated 03 December 2004, on charging fees on land use.
v) Decree 188/2004/ND-CP of the Government, dated 16 November 2004, on methods to identify tariffs and the tariff frames for different types of land.
vi) Decree 17/2006/ND-CP, dated 27 January 2006, relating to amendment and additions to Decrees 181/2004/ND-CP and 197/2004/ND-CP above.
vii) Decree 84/2007/ND-CP, on 25th May 2007 on supplementary regulations on granting land use certificate, orders and procedures for compensation, assistance and resettlement when the State acquires land and settling complaints on land.
viii) Circular 06/2007/TT-BTNMT, dated 15 June 2007, of the Ministry of Natural Resources and Environment guidelines to executing Decree 84 of the Government.
ix) Decree 123/2007/ND-CP, dated 27 July 2007, relating to amendment and additions to Decree 188/2004/ND-CP above.
x) Circular 145/2007/TT-BTC, dated 6 December 2007, of the Ministry of Finance guidelines to executing Decree 123/2007/ND-CP of the Government above and replacing Circular 144/2004/TT-BTC, dated 26 November 2004, of the Ministry of Finance providing guidelines to executing Decree 188 above.
xi) Decree 69/2009/ND-CP, dated 13 August 2009, regulating additional planning of land use, land prices, land acquisition, compensation, assistance and resettlement.
xii) Circular 14/2009/TT-TNMT, dated 16 November 2009, of the Ministry of Natural Resources and Environment providing guidelines on executing Decree 69/2009/ND-CP of the Government and replacing Circular 116/2004/TT-BTC, of the Ministry of Finance guiding on executing Decree 197/2004 of the Government.
xiii) Ordinance 34/2007/PL-UBTVQH11 of the National Assembly, dated 20 April 2007 on implementation of democracy in communes, wards, and townships, regulating issues for public announcement, which including public announcement of “investment projects and works and priority, implementation progress, compensation plans, assistance for land clearance and resettlement relating to project and works in communes”.
Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include the Construction Law 16/2003/QH11, dated on 26 November 2003, on construction activities, rights and obligations of organization and individual investing in civil works construction and construction activities; Decree 105/2009/ND-CP of the Government, dated 11 November 2009 on the sanctioning for administrative violations in land issues; Decree No. 12/2009/NĐ-CP dated 12/2/2009 on the management of construction investment projects and replacing Decree 16/2005/ND-CP and Decree 112/2006/ND-CP on management of construction investment projects; Decree 131/2006/ND-CP, on the management and use of Official Development Assistance (ODA), and Decree 70/2001/ND-CP, 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.
The Central Project Office of MARD is responsible for ensuring effective implementation of the RPF in close consultation with other line agencies and the PPCs and DPCs in the project provinces and districts.
Further to the general policy framework of the Government of Vietnam, Thanh Hoa province also issues the legislation for the application of the Governmental Decrees and the guideline circulars of the agencies and departments about land acquisition and clearance. The following Decision issued the regulations on compensation and assistance for land acquisition in Thanh Hoa province:
• Decision 345/2010/QĐ – UBND on the issuance of compensation unit price on assets and structures in land clearance in Thanh Hoa province.
• Decision 2072/2010/QĐ – UBND regulations on the approach sequence and procedures for land acquisition, conversion of land use, land allocation, land tenure to carry out investment projects in Thanh Hoa province.
• Decision 3788/2009/QĐ – UBND on the policies provisions of support and resettlement when State recovers land in Thanh Hoa province.
• Decision 4555/2010/ QĐ – UBND regulation on land prices in Thanh Hoa province in 2011.
• Decision 2201/ HD – STNMT by Department of Natural Resources and Environment of Thanh Hoa province, guidance on implementation of support and resettlement policies when State recovers land in Thanh Hoa province.
• Decision 1048/QĐ – UBND on the issuance of compensation unit prices of property in land clearance in Thanh Hoa province.
4.1.2 World Bank Policy on Involuntary Resettlement
• The WB's Operational Policy 4.12: Involuntary Resettlement and OP 4.10: Indigenous Peoples are triggered for this Project. The policies describe objectives and guidelines to be followed in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas and when indigenous peoples or ethnic minority are involved (For this sub-project, as mentioned above, there is no presence of ethnic minorities therefore OP 4.10 will not be taken into consideration). The OP 4.12 aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and 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 prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.
• For the preparation and implementation of project activities involving land acquisition, compensation and resettlement, 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 Ahs, monitoring and evaluation of compensation and resettlement implementation.
4.1.3 Key differences between the Government and WB’s Policy
In recent years, the Government of Vietnam has issued various circulars and decrees relating to compensation and resettlement to ensure the Ahs’ rights and entitlements and to narrow gaps between the resettlement policy of Vietnam and social safeguard policies of donors such as WB and ADB. However, it is required to identify any existing gaps between Vietnam’s policy and WB’s policy and recommend solutions for resolving them during project implementation. Table 4 provides some differences between the resettlement policy of Vietnam and social safeguard policies of the WB.
Table 6: Basic differences between Vietnam resettlement policy and the WB’s involuntary resettlement policy (OP4.12)
|Viet Nam policy on resettlement |World Bank Policy |Policy applied for the Project |
| |on Involuntary resettlement | |
|Compensation prices: |Land compensation should be based on full |At the time of land acquisition |
|The compensation rates for land shall be |replacement cost at current market values. A|implementation, District Resettlement |
|determined by the PPC in accordance with the |replacement cost survey should be conducted |Committees carry out replacement cost |
|Government regulations for the type of land |at the time of land acquisition. |survey to ensure that compensation rates |
|which has been used for at the time of land | |for all categories of loss will be |
|acquisition. If land compensation price is | |equivalent to replacement cost at current |
|lower than actual transfer price at normal | |market values. |
|market conditions in locality, PPC is | | |
|responsible for determining the land | | |
|compensation price which is suitable to the | | |
|actual price. | | |
|Compensation for house/ structure on ineligible| | |
|land: |All affected houses and structures, |Houses and structures on affected land that|
|Houses and other structures on land that are |irrespective of land tenure status, should |is non-eligible for compensation but at the|
|not eligible for compensation as regulation of |be compensated at the full replacement cost.|construction time, not violating the land |
|law but at the construction time, not violating| |use planning announced by the local |
|planning, land use plans announced by the | |authorities or not violating the right of |
|authorities or constructing in line with | |way will be compensated at 100% of |
|planning or land use plans and not violating | |replacement cost of new houses and |
|the right of way will be not compensated but | |structures without any deductions for |
|assisted at maximum 100% of compesantion norms.| |depreciation of salvageable materials. |
|Only registered businesses are eligible for |All affected businesses are eligible for |All affected businesses are eligible for |
|assistance. |assistance regardless they are registered or|assistance, whether they are registered or |
| |not. |not. |
|AP’s losing more than 30 percent of productive |To households that have land-based |Ahs losing 20% (10% for the poor and |
|land (outside resident area) will be entitled |livelihoods, when they have 20% or more of |vulnerable households) or more of their |
|to assistance in living stabilization and |their total productive land area/ |total productive land area will be entitled|
|vocational training/job creation. |income-generated assets acquired, they are |to “land-for-land” compensation or cash |
| |considered as being severely affected and |compensation at replacement costs, |
| |entitled to restoration assistance. |whichever the Ahs prefer and available land|
| | |fund of the commune. Apart from |
| | |compensation for acquired land, assistance |
| | |for subsistence and vocational training/job|
| | |creation will also be provided. |
|No provision for external monitoring. |External monitoring of the resettlement |An independent monitoring agency should be |
| |process by an independent and qualified |recruited to monitor the resettlement and |
| |institution is required. |income restoration process. |
4.2 Compensation and resettlement policy
4.2.1 General principles
In general, the Land Law 2003 and Decree 197/2004/ND-CP, Decree 17/2006/ND-CP amending and supplementing some articles of Decree 181/2004/ND-CP and Decree 197/2004/ND-CP, Decree 84/2007/ND-CP orders and procedures of compensation implementation, and Decree 69/2009/ND-CP providing additional guidelines on land use, compensation, support and resettlement satisfy most of principles and objectives of the World Bank’s Policy on Involuntary resettlement. To ensure a fair compensation and adequate relocation, rehabilitation of the Ahs, the Government of Vietnam will approve and disclose the RPF for the project before project appraisal by the WB and will prepare RAPs for the next project cycle following the RPF guidance. The project resettlement policy needs to comply with following principles and objectives:
a. Acquisition of land and other assets will be minimized as much as possible.
b. A full RAP will be prepared for sub-project with more than 200 Ahs and losing than 20% (10% for the poor and vulnerable households) of the total productive land holding/ income-generated assets or having to relocate based on technical guidelines in this RPF. On the contrary, an abbreviated RAP will be prepared in line with technical guidelines in this RPF.
c. All affected people and assets are identified in the project impacted areas as of the cut-off date will be entiled to compensation and restoration measures, those claimed after the cut-off date will not be entitled to compensation. Lack of legal rights to the assets lost will not bar the Ah from entitlement and rehabilitation measures.
d. Compensation and rehabilitation measures to be provided are: (1) cash compensation at replacements costs for lost assets; (2) agricultural land for land of equal productive capacity with full title and acceptable to the Ahs. In case of no land further available, cash compensation at replacement costs will be provided; (3) replacement of residential and commercial land of equal size with full title and acceptable to the Ahs. In case of no land available, cash compensation at replacement costs will be provided; and (4) subsistence and livelihood restoration allowances.
e. Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the Ahs 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. Compensation with “land for land“ will be implemented in places where public land funds are available, if not, compensation will be made with cash at replacement costs. Sources of funds for compenastion and restoration of the Ahs‘ lives will be covered by the project counterpart fund.
h. RAP implementation will be monitored by the project executing agencies on going basis and periodically by the independent monitoring agency to ensure that design work, planning, consultation, and compensation are implemented effectively.
i. Land acquisition, compensation and relocation of AHss cannot commence until the RAP has been reviewed and approved by the World Bank. All resettlement activities will be coordinated with the civil works schedule.
j. Compensation and rehabilitation asisstance must be provided to each Ahs at least 30 days prior to the taking of assets for those who are not to be relocated and 60 days for those who will be relocated. Exceptions should be made in the case of vulnerable groups who may need more time.
k. Strategies will be adopted to engage women’s active participation in the planning and implementation of the resettlement program as well as other programs. The resettlement committees, resettlement specialists will be directly involved in all aspects of the development and implementation of the gender strategy (see the Annex), to ensure that these measures are adequately implemented.
4.2.2 Rights and Entitlements to Compensation
a) Rights
All Ahs 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 after the cut-off date will not be entitled to compensation or any other assistance, if being affected.
b) Entitlements
Based on types of impacts, category of the Ahs and their entitlements, the RPF sets up specific entitlements to each type of Ahs satisfactorily in the entitlement matrix below. The Matrix will be applied for all subprojects under the VN-Haz project and for all Ahs, including households affected by land acquisition for construction of resettlement sites. DMS and social impact assessment will identify actual impacts and replacement cost surveys will be conducted to determine compensation rates to form the basis for preparing compensation plans for the Ahs.
4.2.3 Entitlement to compensation and resettlement
Table 7: Entitlement matrix
|Type of losses |
|Permanent loss of|Users with Land User |Losing less than 20% (10% for the poor and vulnerable |DRCs inform the PAPs at least 3|There are |
|productive Land |Rights Certificate |households) of total landholding: Cash compensation at|months prior to land |243 AHs + |
| |(LURC), users eligible|replacement cost which is equivalent to the current |acquisition |3CPCs in |
| |to acquire LURC |market value of land within the village, of similar | |this case |
| | |type, category and productive capacity, free from | | |
| | |transaction costs (taxes, administration fees) | | |
| | |Losing 20% or more (10% for the poor and vulnerable |If the remaining land is not |There are 20|
| | |households) of total area of productive land holding: |economically viable[1], at the |AHs in this |
| | |as a priority, a replacement land nearby with equal |request of PAPs, the Project |case |
| | |productive capacity acceptable to the PAPs would be |will acquire the entire | |
| | |provided with land title or land use certificate |remaining land and compensate | |
| | |without any fees, OR cash compensation at replacement |for entire area at replacement | |
| | |cost in case replacement land is unavailable or at the|cost. | |
| | |request of PAP; AND entitlement to receiving | | |
| | |rehabilitation and allowance package as defined below | | |
| | |for severely affected PAPs. | | |
| |Users with temporary |Cash compensation for crops/assets on the land at | |There are 15|
| |or lease rights to use|replacement costs, and | |AHs in this |
| |public land |Cash compensation for the amount of the remained | |case |
| | |investment put on the land or the remained value of | | |
| | |the land rental contract. | | |
|Permanent loss of|Users with LURC, or |With the remained land sufficient to reorganize and/or|DRCs inform the PAPs at least 6|There are 58|
|residential land |eligible to acquire |rebuild houses/structures complying to planning of |months before land acquisition.|AHs in this |
| |LURC. |locality: |Compensation must be provided |case |
| | |(i) Cash compensation at replacement cost for acquired|at least 30 days prior to the | |
| | |land area, (ii) cash for improvement of remained |time of land acquisition for | |
| | |residential land (e.g. filling and leveling) so that |non-relocated Ahs and 60 days | |
| | |Ahs can move back and build house on the remained |for relocated Ahs. | |
| | |land, and (iii) provision of sufficient allowance and |Resettlement sites must be | |
| | |housing rental allowance. |developed with full | |
| | | |infrastructure and based on | |
| | | |consultation with relocated | |
| | | |AHs. | |
|Temporary loss of|Legal users or |For agricultural land: (i) cash compensation at market|The construction supervision |There are 84|
|land |occupants |prices for trees and crops on land affected and net |consultant and IMO will be |AHs + 7 CPCs|
| | |incomes lost during the period of temporary use of |responsible for monitoring |in this case|
| | |land by the project; and (ii) restoration of the |reinstatement. | |
| | |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 the | | |
| | |temporarily used land to its original status before | | |
| | |handing back to the land owners. If the project could | | |
| | |not restore the temporarily used land, DRCs would | | |
| | |negotiate to Ahs and pay for costs for themselves | | |
| | |restoring. | | |
| | |In case of contractors use temporary land for camping | | |
| | |or putting materials, they should negotiate to Ahs | | |
| | |about compensation and restoration after use. | | |
|Totally affected |Owners of affected |Cash compensation at replacement cost for the new |Adequate time provided for Ahs |There are 02|
|houses/shops, and|houses/ shops |houses/shops, structure with no deduction for |to rebuild/repair their |AHs in this |
|secondary |regardless status of |depreciation of the structure or salvageable |structures. |case |
|structures |land use rights. |materials; and rehabilitation and allowance package | | |
|(kitchen, rice | |for AHs as defined below for severely affected Ahs, | | |
|bins) or | |including allowance of housing rent during | | |
|partially | |construction of new house. | | |
|affected but no | | | | |
|longer viable | | | | |
|Partially |Owners of affected |Cash compensation at replacement cost for the affected|Reparation cost should be |There are |
|affected |houses/ shops |part and cost for repairing the remained part without |negotiated with Ahs by DRCs |118 AHs in |
|houses/shops and |regardless status of |depreciation of salvageable materials. | |this case |
|secondary |land use rights. | | | |
|structures but | | | | |
|remaining part is| | | | |
|viable | | | | |
|Loss of business |Owners of shops with |Cash compensation for affected shops at replacement |Monthly net income is verified |There are 02|
|income due to |registration |cost, plus all costs for dismantling, transporting, |through tax agencies. |AHs in this |
|land acquired | |and installing assets (if any). |If business households have to |case |
| | |If business is cancelled permanently, The Ahs will be |be relocated, then a priority | |
| | |assisted with amounts equivalent to monthly net income|to provide a replacement | |
| | |for at least 6 months. |business site accessible to | |
| | | |customers. | |
|Crops and trees |Owner of crops and |If standing annual crops are ripening, cash |DRCs should inform to Ahs at |There are |
| |trees whether or not |compensation at market price equivalent to the highest|least 3 months before land |387 AHs |
| |land is owned |production of crop over the last three years. |acquisition. |affected |
| | |For perennial crops and trees, cash compensation at | |crops, and |
| | |current market value based on type, age, and | |306 AHs |
| | |productive capacity. | |affected |
| | |For timber trees, cash compensation at current market | |trees |
| | |value based on type, age and diameter at breast height| | |
| | |(DBH) of trees. | | |
|Displacing |Owners of graves |Compensation to removal of graves will be paid |Avoiding displace of graves |There are 3 |
|affected graves | |directly to Ahs, including costs of excavation, |through design options or |AHs in this |
| | |relocation, reburial, purchasing/ obtaining land for |selection of replacement |case |
| | |relocation of graves at replacement cost and |locations. If it is | |
| | |construction materials (in case of constructed graves)|unavoidable, Executing agency | |
| | |at market price, and all other reasonable costs in |should consult with them on | |
| | |accordance with local rituals. |their customs of the grave | |
| | | |relocation. | |
|Entitlements to allowances |
|Allowance for |Ahs having their |Apart from compensation for acquired land at |Paying one time for Ahs at the |There is 01 |
|affected gardens/|garden/ pond acquired |replacement costs, Ahs will be provided with cash |compensation payment time. |Ah in this |
|ponds that are |in the same land plot |allowance, equivalent to from 30% to 70% of prices of | |case |
|not considered as|where there are |nearby residential land. | | |
|residential land |residential land, yet |PPCs decide the reasonable percentage of allowances. | | |
| |garden/ ponds are not | | | |
| |considered as | | | |
| |residential land | | | |
|Allowance for job|Legal Ahs with direct |Apart from compensation for acquired agricultural land|Paying one time for PAPs at the|There are |
|changing/job |production activities |at replacement costs, Ahs will also be provided with |compensation payment time. |263 AHs in |
|creation |on acquired land areas|allowances with one of the two following options: | |this case |
| | |(i) allowance for vocational traning/ job creation in | | |
| | |cash, equivalent to from 1.5 to 5 times of | | |
| | |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 Ahs’ members in the working age have demands of | | |
| | |vocational training, they will be provided with one | | |
| | |free course of vocational training. | | |
|Transition |Relocating households |Relocating Ahs will be provided with cash or in-kind | |There are 02|
|subsistence |– relocating on |assistance equivalent to 30 kilogram (kg) of rice per | |AHs in this |
|allowance |residual land or to |person per month at current market value for 6 months.| |case |
| |other sites | | | |
| |Severely affected Ahs |Ahs directly cultivating on affected land and losing: | |There are 20|
| |losing 20% (10% for |From 20% (10% for poor and vulnerable households) to | |AHs in this |
| |poor and vulnerable |30% of their productive land/ income-generated assets | |case |
| |households) or more of|will be provided with cash or in-kind assistance | | |
| |their productive land/|equivalent to 30 kg of rice per person per month at | | |
| |income-generated |current market value for 3 months if no relocation, 6 | | |
| |assets |months if relocation, and 12 months if relocation to | | |
| | |sites with harsh socioeconomic conditions. | | |
| | |From 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 per Ah | | |
| | |member per month at current market value 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 per Ah | | |
| | |member per month at current market value for 12 months| | |
| | |if no relocation, 24 months if relocation, and 36 | | |
| | |months if relocation to sites. | | |
|Allowance for |People of the affected|Apart from the aforesaid allowances, PAPs are entitled| |There are 43|
|people of the |vulnerable group, e.g.|to: | |AHs in this |
|vulnerable group |the poor (according to|An additional allowance of 30kg of rice per person | |case |
| |the MOLISA criteria), |per month for 3 months for the non-poor household. | | |
| |or households headed |An additional allowance of 30kg of rice per person | | |
| |by women, the elderly,|per month for not less than 3 years in the poor | | |
| |or disabled, people |household. PPCs decide reasonable numbers of years. | | |
| |without land or ethnic|Eligible to participate in income restoration | | |
| |groups |programs. | | |
| | |The contractors will make all reasonable efforts to | | |
| | |recruit severely affected and vulnerable PAPs as | | |
| | |labourers for suitable jobs in the project. | | |
|Bonus for timely |Relocating households |Apart from all above entitlements, cash bonus up to a |Payment to be made directly to |There are 02|
|relocation | |maximum amount of VND 5,000,000/HH for relocating |households immediately upon |AHs in this |
| | |households that dismantle structures from affected |removal. |case |
| | |land in a timely fashion. | | |
4.3 Compensation and resettlement strategies
4.3.1 Procedures for Payment of Compensation and Allowances
The CARB is responsible for payment of compensation and allowances to Ahs. This will be done with assistance from commune and hamlet authorities. The procedures to be followed include:
i) Following PPC approval of Compensation Plan, PPMU transfers funds to district treasury; the CARB withdraws funds for payment of compensation and allowances.
ii) The CARB and local authorities notify APs 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 APs; notification is made by posting an announcement at commune and hamlet offices
iii) At the time of payment, the head of affected household signs a compensation document to acknowledge the amount and receipt of payment. Representatives of the PPMU, CARB and commune witness the payment.
iv) In case affected people are without/limit civil actions, it is required a legal assistance and support from their representatives (family, relatives, social political organizations..) and/or judicial organs in receiving compensation amounts and their most effective management and operation guidance. For APs without civil actions or APs in vulnerable groups, CARB will coordinate with CPC and other social organizations, such as Youth Communist League, Women’s Union and Farmer Association etc. in relocation activities to ensure land clearance progress.
4.3.2 Vulnerable AHs
Total of vulnerable AHs is 43, of which there are 24 poor AHs and 28 FHHs (trong đó có 09 hộ vừa là hộ nghèo vừa là hộ có phụ nữ là chủ hộ). There is no ethnic Ahs.
Recognizing that certain vulnerable groups may be less able to restore their living conditions, subsistence and income levels, the sub-project has taken these concerns into the preparation and implementation through a participatory planning and decision making process. Women in the rural villages contribute to household economy and community livelihood development. They will be empowered to actively involved in community activities and projects and their endeavour would be highly appreciated during the project implementation and monitoring.
The vulnerable Ahs to socio-economic are the very poor Ahs for instance the Ahs who have to receive social subsidy from the Government; the FHHs, ethnic minority Ahs, war-valid Ahs, elderly and disable Ahs. In this sub-project, the vulnerable Ahs are poor Ahs and FHHs. They will be assisted for improving economic conditions and income restoration based on their specific conditions.
For AHs in vulnerable groups or severely affected in 2 or more of categories (poor and female headed households, poor and social policies, or poor and female headed and social policy…), support is applied as a maximum level for this groups.
The headed females AHs (28 AHs) will receive the following support:
• An allowance of 30kg of rice per person per month for 3 months.
• Entitlement to participation in agriculture extension programs, credit.
The poor AHs (24 AHs) will receive following supports:
• An additional allowance of 30kg of rice per person per month for 3 months for the non-poor household.
• An additional allowance of 30kg of rice per person per month for not less than 3 years in the poor household. PPCs decide reasonable numbers of years. (Proposal of assistance in period of 4 years).Entitlement to participation in agriculture extension programs.
• The Contractors carrying out construction works will be requested to mobilize local labours of vulnerable groups to involve in simple working activities.
• With these poor AHs, if payment of compensation and assistants is 4 years that poor people have not recovered their life, then they can still continue to propose assistant up to 10 years.
Afterward, if AHs in vulnerable group have still not recovered their life, the report must be done to seek appropriate policies to support them until they completely recover their life.
V. LIVELIHOOD RESTORATION PROGRAMS
5.1 Objectives
Livelihood restoration program mean programs to assist them to improve or at least maintain their pre-project living standards, income earning capacity, and production levels
The overall objective of the policy is to ensure that all people affected by the sub-project are able to maintain and, preferably, improve their pre-sub-project living standards and income-earning capacity through compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures.
5.2 Principles
According to the compensation policy frame of " Maintain, upgrade and treat the key parts of the left dyke of Cau Chay river (section from K0 - k42) Yen Dinh district, Thanh Hoa province " sub-project and Decisions of compensation, assistant and resettlement when Government of Vietnam acquire land in the territory of Thanh Hoa province, livelihood restoration measures for Ahs loosing 20% or more of productive land (10% for vulnerable group) will be provided with livelihood restoration programmes. The suitable livelihood restoration programs will be designed and implemented with the consultation of Ahs during project implementation.
5.3 Proposed livelihood restoration program
In the sub-project area, 22 Ahs have needed livelihood restoration programmes, which has 18 AHs will lose of over 20% of the land production and 02 AHs of vulnerable group lost more 10% of production land and 02 AHs lost businesses and assets.
Funding sources
Funds for implementation of compensation and resettlement include funds for paying compensation and resettlement, developing resettlement sites (if needed), restoring livelihoods and incomes, and managing and implementing resettlement. These funds will be covered by the counterpart fund from the Government and Provinces.
Restoration programs
According to the survey and public consultation, all AHs agricultural and residential land, would like to be supported by vocational training, increased productivity on remaining land and create jobs for children of working-ages.
For the 20 severely affected households who lost 20% or more of productive land area, income or other productive assets (10% for vulnerable group), they will receive supporting amount for livelihood restoration, beyond compensation for affected assets, support for career transition and assistance for business losses.
• The affected households lost more than 20% of productive land (10% for vulnerable group) (20 AHs) will receive the following support:
- Support for life and production stabilization: severely affected persons will be specially supported by cash equivalent 30kg rice/person/month in transition period.
- Losing from 20 -30% of productive land (10% for vulnerable group), no relocation, (20 households) will be specially supported by cash equivalent 30kg rice/person/month in 3 month.
- Profession training assistance of career transition for all APs who is in the labour age (Male: 18 – 60 year old, Female: 18 – 55 year old) on their existing occupation such as agriculture, fishery or relevant occupation, who severely affected or lost main income.
- Sub-project employment opportunity related to sub-project: One member of severely affected households will have the opportunities to be employed for project-related works. Ahs will suggest this member.
- Productivity promotion assistance in the remaining agricultural land area through government’s program on agricultural extension services assistance. The support consists of farming techniques, new strains with high productivity. Agricultural subsidies will be turned over to agricultural extension agencies.
• Households whose businesses are affected (02 AHs) will receive the following supports:
- Support for life and production stabilization: severely affected persons will be specially supported by cash equivalent 30kg rice/person/month in transition period (in 1 month).
- Losing over 70% of income generated assets ( no households) but no relocation will be specially supported by cash equivalent 30kg rice/person/month in 12 months.
- Losing over 70% of income generated assets (no households) but must be relocation will be specially supported by cash equivalent 30kg rice/person/month in 24 months.Sub-project employment opportunity related to sub-project: One member of severely affected households will have the opportunities to be employed for project-related works. AHs will suggest this member.
Institutional arrangement
Project Management Unit: Based on actual need of HHs, the PPMU in cooporation with project’s assistance consultants, independent monitoring consultants of resettlement will conduct a detailed survey of each household's vocational training demands, then contact the vocational training centre to organise training courses.
The PMU will create a list of people with demands and transfer expenditures to the training organizations.
Vocational Training Centre: Organises training courses for recruits and coordinates with the PPMU to arrange/introduce jobs for trainees
Agricultural extension agencies: conduct guidance and provide information about farming techniques, new varieties, measures to improve productivity and crop protection.
Construction Contractor: link with local communities and households to make list and arranged and simple, suitable tasks which people can participate in the construction area.
Ahs: Participate in surveys, training courses and follow the instructions of the PPMU and vocational training centre.
To implement the next steps of the RP, the PMU will coordinate with local authorities at all levels and social organisations such as the Women's Union to support job training and other activities to promote the restoration of the PAP's' income.
VI. RESETTLEMENT ARRANGEMENT
To prepare resettlement site for relocation of the Ahs, in case of affected households that wish to be allocated housing in resettlement areas, the PPMU must cooperated with Thanh Hoa authorities to plan and carry out preparation works and development of resettlement sites to satisfy relocation needs of the project's Ahs.
The households must be relocated will participate in identification and selection of the resettlement option on the remaining land (if eligible in accordance with local regulations), or move to the resettlement area, or receive compensation by cash and arrange resettlement places by themselves.
Funding sources
Funds for implementation of compensation and resettlement plans include funds for paying compensation and resettlement, developing resettlement sites (if needed), restoring livelihoods and incomes, managing and implementing resettlement. These funds will be covered by the counterpart fund from the Government. Exceptionally, funds for developing infrastructure at resettlement sites can be covered by IDA funds to lessen difficulties in terms of counterpart fund for the Government and the project provinces. (However, this project not construct of resettlement site only assistance for self-resettlement).
Resettlement assistance
With the project "Upgrading and repairing wead points of left dyke of Cau Chay river”, 02 HHs have to relocate on their remaining land and receive the allowances as follows:
- Relocating AHs 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.
- Support for transfer all old and new building materials and personal possessions by cash for per relocating AHs.
- Support for renting house during construction of new house, for 6 months per household
- Cash bonus up to amount for relocating households that dismantle structures from affected land in a timely fashion
Institutional arrangements
To implement the next steps of the RP, the PMU will coordinate with local authorities at all levels and social organisations such as the Women's Union to support job training and other activities to promote the restoration of the Ah's' income
Project Management Unit: Based on actual need of Ahs, the PPMU in cooperation with project’s assistance consultants, independent monitoring consultants of resettlement will conduct a detailed survey of each household's vocational training demands, then contact the vocational training centre to organise training courses.
Construction Contractor: link with local communities and households to make list and arranged and simple, suitable tasks which people can participate in the construction area
Households: Participate in surveys, training courses and follow the instructions of the PPMU and vocational training centre. In the event of economic difficulties and life in the new place, can suggest local and PPMU have followed policies to support recovery and stable life.
VII. INFORMATION DISCLOSURE AND PUBLIC CONSULTATION
7.1. The WB’s Information Disclosure Policy (OP17.50)
The World Bank’s Public Consultation and Information Disclosure Policy (OP 17.50) defines the requirements for giving public access to project information and documentation. It requires that during the planning and preparatory process, project beneficiaries and affected groups and local NGOs shall be consulted and the environment and social aspects of the project should be presented. This is critical for successful planning and implementation of the Project. The consultation throughout the design and implementation of investments must also be compliant with all other applicable safeguard policies of the Government of Vietnam and the World Bank. The policy also requires that relevant documents such as Environmental Studies, Social Assessment, Resettlement Policy Framework, Resettlement Action Plans, and Ethnic Minority Development Framework must be disclosed to Ahs and kept in places where interested people can access to easily.
7.2 Information disclosure
7.2.1 Information disclosure during RAP preparation
Information disclosure and public consultation were carried out during the preparation of the project to ensure all the AHs and stakeholders are informed promptly about the land acquisition, compensation and resettlement. This is also an opportunity for Ahs to engage and express their aspirations to the resettlement implementation programs. Resettlement Consultants cooperated with representatives of PC of district, commune / ward / town of the sub-project area, leader of the village / hamlet organized meetings and public consultation, providing information and guidance to the next steps to ensure that affected Ahs are provided with timely information.
In addition, the organizations and individuals involved in land acquisition, property on land and resettlement include: representatives of social organizations such as the Peasants, Women Association and the Fatherland Front of the affected commune / ward / town in the sub-project area participate in the meetings relating to information disclosure and public consultation about land acquisition, compensation and resettlement of the sub-project.
The main contents of public consultant meetings were follow:
i) Disclose the general information and WB policies of Vietnam Natural Hazard Management project (WB5) and sub-project “Maintain, upgrade and treat the key parts of the left dyke of Cau Chay river (section from K0 - k42) Yen Dinh district, Thanh Hoa province "
ii) Inform the project information and WB policies on resettlement, environment, policy of gender and ethnic minorities through village loudspeaker, project information leaflet;
iii) Collect the information and opinions of local residents about the project implementation;
iv) During the public consultant meeting, it was to re-present all the information relating to project introduction and WB safeguard policy, ask for opinions and feedback from local people about design, resettlement issues, desire and aspirations of the people;
v) Reply the answerable questions of local people about the project and safeguard policy;
vi) Request CPCs and representatives of CPO, PMU to answer specific questions of local people about the project detail or local policies;
vii) Record the opinions of people as well as representatives of CPCs and stakeholders into the Minutes of Meeting.
7.2.2 Information disclosure during RAP implementation
The purpose of information disclosure is to inform about affected issues, compensation and assistance to the affected Ahs and community. There is an undeniable fact of limited social relations and communication with local authorities of the peasants; the concerning issues related policies are not frequently and directly discussed by the peasants.
1. As mentioned above, Resettlement Consultant cooperated with local authorities in the sub-project area to organize the consultations with the affected AHs, in order to share the information and discuss the positive and negative impacts which may occur during the sub-project implementation, implementation schedule, resettlement work, compensation and assistance, compensation procedures and specific policies on compensation which were composed in RPF. The documents relating the sub-project will be delivered to the affected Ahs in the meetings.
2. In case the participants have any questions about the related activities and policies, consultants and local authorities will directly explain and answer these questions in the meeting. Policies on compensation, resettlement and assistance in the entitlement matrix were also printed and distributed to the Ahs participating in the meeting; held at the headquarters of PC of commune / ward / town and information houses of villages / hamlets.
3. Calculation results of compensation, assistance and resettlement (based on entitlement matrix) were also calculated for each Ah and delivered to the affected Ahs. This result was also held at the office of PC of commune / ward / town and given to the head, deputy head of village / hamlet to disclose in the next meetings.
The plan of the program information and community consultation include:
(i) ensure that the competent authorities as well as local representatives of those affected, will be involved in planning and decision making. Project Management Unit will work closely with the Province People's Committee, Yen Dinh district and communes/town in the project implementation process. The participation of the affected people during implementation will be continued by requesting the district invites representatives of the affected people as members of the Council/Board Compensation, resettlement of the district and 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) Collecting information on needs and priority 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 decisions directly affect the incomes and living standards, and they have the opportunity to participate in the activities and decisions about issues directly affecting them.
(v) Achieving 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.
7.3 Public consultation
7.3.1 Consultation during RAP preparation
The first consultation was carried out in August 2011 with the main contents:
i) Inform to local authorities and the PAPs of the sub-project " Maintain, upgrade and treat the key parts of the left dyke of Cau Chay river (section from K0 - k42) Yen Dinh district, Thanh Hoa province " in a democratic manner, completely and freedom.
ii) Send the notice about the RAP implementation to local authorities at district/city and commune/ward/town level:
iii) Investigate the information sheets at every AHs, including:
- Their opinions on sub-project " Maintain, upgrade and treat the key parts of the left dyke of Cau Chay river (section from K0 - k42) Yen Dinh district, Thanh Hoa province ".
- The consequent influences to the people life in the sub-project area, the advantages and difficulties of resettlement, their idea of compensation and RP.
- Investigate general information of officers and local authorities in the sub-project area.
- The consequent influences to the people life in the sub-project area, infrastructure, the advantages and difficulties of resettlement.
Opinion on compensation, expected Resettlement Plan
The public consultation meetings were held in the communes of sub-project area in August, 2011.
The head of AHs participated in these meetings. There was a total of 697 participatory peoples, of which 35% is women from sub-project communes. In addition, the representatives of commune PC and local organizations for example the Peasants, the Fatherland Front, Women, and Youth also involved. The meetings were conducted to discuss the proposed sub-project to collect public opinion about various design schemes. A number of different design plans was brought out to consider and discuss. The communities with head of villages, representatives of social organizations, local authorities in sub-project area were informed about the objectives, purposes and results of the proposed project, as well as key issues of compensation, land clearance, environmental impact, choose the route construction.
Information disseminated in the meetings consists of (i) the scope and objectives of the sub-project based on regulation of the Project "Vietnam Natural Hazard Management"; (ii) the policies, principles, and procedures for land acquisition, compensation and resettlement; and (iii) resettlement impacts.
Main problems and opinions of the attendants: All the attendants agree with the project implementation, the project policy, and they look for the start of project implementation that will create favourable conditions for local people in production and transportation development with goods circulation, cultural and economic exchange within and outside the area.
7.3.2 Consultation during RAP implementation
After the draft RAP is completed, the Consultant will implement public consultation in affected area. The purpose of the consultation meeting on resettlement action plan is organized in the process of RAP preparation is to provide information and consultation with the PAPs and other organizations and individuals concerned about: (i) the results of estimated losses projected in the unit cost of compensation and benefits, (ii) the procedures for paying compensation and resettlement activities.(iii) Income restoration plan for relocated households; Collect adequate and exact comments of local affected persons, which can create opportunity for affected persons participate fully in resettlement plan preparation to ensure the democracy in development.
In the process of preparing Resettlement Action Plan, representatives of Yen Dinh DPC in collaboration with Consultant of Resettlement, local authorities will organize meetings of affected Ahs (to be updated).
VIII. GRIEVANCE REDRESS MECHANISM
8.1 World Bank’s Requirements
The WB’s involuntary resettlement policy requires each project to establish a mechanism for grievance settlement and determines responsibilities of the stakeholders for handling grievances raised by Ahs about compensation, allowances, and resettlement. This mechanism aims to ensure that all Ahs’ grievances are received and tackled with satisfactorily. Key principles of the grievance mechanism must ensure that:
i) The basic rights and interests of Ahs are protected
ii) Ahs have the rights to lodge grievances and get their grievances settled for free of charge.
iii) The grievance procedure will be an important part of the conflict resolution mechanism that is community-based, involving ethnic minorities and representatives of other vulnerable groups.
At the beginning of the project implementation, Resettlement Committees need to popularize the grievance redress mechanism to Ahs for their information and introduce grievance procedures to them. The grievance mechanism will be applied to persons or groups that are directly or indirectly affected by a project, as well as those that may have interests in a project and/or have the ability to influence its outcome either positively or negatively. The Ahs, if not satisfied about the project implementation and compensation, may raise their complaints orally or in writing to responsible people/ agencies as regulated in this mechanism.
All Ahs’ complaints and grievances will be documented and stored at commune/ district/ provincial people’s committees where they are lodged to. Grievance documents and reports will be made public accessible. All costs associated with grievance handing process incurred by the claimant and /her/his representatives are to be free of charge.
8.2 Project Grievance Redress Mechanism
Grievances related to any aspect of the Project will be handled through negotiation aimed at achieving consensus. Complaints will pass through 3 stages before they could be elevated to a court of law as a last resort. PPMUs will shoulder all administrative and legal fees that might be incurred in the resolution of grievances and complaints.
First stage, at Yen Tam, Yen Lac, Yen Giang, Yen Thinh, Yen Thinh, Yen Phu, Dinh Thanh, Dinh Binh, Dinh Tang, Dinh Tuong, Dinh Hoa, Dinh Cong Commune People’s Committee. An aggrieved affected household may bring his/her complaint before the receiving department of the Commune People’s Committee to be received and guided for necessary procedures. 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 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 Yen Dinh district level: Upon receipt of 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 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 Thanh Hoa provincial level: Upon receipt of 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.
Upon issuance of 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.
Fourth stage, Thanh Hoa Court of Law Arbitrates: Should the complainant file his/her case to the court and the court rule in favour 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 will rule in favour of PPC, the complainant will have to receive compensation as described in the approved compensation plan and obey all requirements of land clearance.
To assure that the mechanism described above is pragmatic and acceptable to PAPs, consultation with local authorities and affected communities about this mechanism is needed, particularly consultation with vulnerable groups.
IX. INSTITUTIONAL ARRANGEMENT
9.1 Responsibility of Project owner
The Ministry of Agriculture and Rural Development (MARD), on behalf of the Government, is the project owner, has overall responsibility for the whole project. The Ministry of Natural Resources and Environment (MONRE) and the PPCs of the project provinces are the Employers of the sub-projects, has responsibility for investment decisions under sub-projects managed by the Ministry and the provinces. A Project Steering Committee (PSC) will be established, including representatives of the MARD, the MONRE, relevant Ministries and sectors, the PPCs of the project provinces, to be responsible for frequent monitoring and managing the Project during its implementation process
The Central Project Office (CPO) in the MARD that is assigned by the Ministry to be the Project Owner will has overall responsibility for resettlement and land acquisition within the project, including:
• Co-operating with the PPCs to direct implementation of compensation and land clearance in compliance with the RPF requirements and in line with the construction progress.
• Training and strengthening capacity of the project executing agencies (the Provincial Project Management Units (PPMUs) and the District Resettlement Committees (DRCs)) on RPF and RAP implementation procedures.
• Co-operating with the PPMUs to carry out internal monitoring of compensation and resettlement within the whole project.
• Recruiting and co-coordinating the independent resettlement monitoring agency for the whole project.
• Reporting periodically on resettlement issues to the MARD and the WB.
9.2 Responsibility of People Committee
At provincial level:
PPCs:
PPCs bear overall responsibility for compensation, land clearance, and resettlement within the province. The PPCs are responsible for:
• Approving RAPs of their respective sub-projects
• Assigning the DPCs to approve compensation plans for works located in their respective districts. In special cases where the PPCs‘ approval is needed for compensation plans, PPCs direct relevant Departments and sectors such as the Department of Natural Resources and Environment, the Department of Planning and Investment, and the Department of Finance to together appraise compensation plans submitted by the DRCs so that advice will be provided for the PPCs‘ approval of such plans in accordance with the Government’s regulations on compensation, allowances, and resettlement and the WB’s involuntary resettlement policy (OP4.12).
• Approving overall plan of land acquisition.
• Directing DPCs to implement compensation, resettlement, and land clearance.
• Providing adaquate funds for compensation in a timely manner.
• Settling complaints and grievances of the PAPs timely and satisfactorily.
At the district level:
District People’s Committees (DPCs) are responsible for:
• Establishing DRCs and nominating one vice-chairman of the DPCs to be the head of the DRCs. Members of the DRCs consist of representatives of specialized departments such as Department of Agriculture, Department of Economy and Planning, Department of Industry and Commerce, Department of Finance, and Department of Natural Resources and Environment.
• DPCs directly guide DRCs and CPCs of affected communes to implement compensation, resettlement, and land clearance.
• Approving compensation plans submitted by DRCs as per assignment by the PPCs.
• Settling complaints and grievances of the Ahs
At the commune level:
Commune People’s Committees (CPCs) are responsible for:
• Providing cadastral maps for Resettlement Committees and mobilizing their staff to be members of DMS teams.
• Co-operating with DRCs in deliverying information and organizing community consultation.
• Verifying origins of affected land and assets of Ahs.
• Settling Ahs‘ queries relating to inventory of their assets.
• Assisting Ahs in restoring their livelihoods, incomes, and stabilizing their lives.
Community level: Affected communes appoint their representatives participating in DMS teams to monitor the implementation process and sign in DMS minutes of affected households
9.3. Responsibility of resettlement committees
Provincial Resettlement Committees: Since the scope and level of the project impacts are insignificant, establishment of provincial resettlement committees is not needed.
Provincial Project Management Units (PPMUs) are responsible for implementing civil works components of the project: PPMUs will manage compensation and land clearance of their respective sub-projects, encompassing:
• Signing contracts with DRCs to carry out compensation and land clearance.
• Co-operating closely with Departments, agencies, sectors, and the project DPCs in implementing resettlement and land clearance to ensure that the implementation of resettlement adn land clearance is in line with the construction schedules.
• Monitoring internally implemenation of compensation and resettlement of the sub-projects, preparing quarterly reports on implementation progress of compensation and resettlement of the sub-projects to CPO.
District Resettlement Committees (DRCs) bear responsibility for implementation of compensation and land clearance for works located in their respective districts, including:
• Conducting replacement cost surveys in their districts.
• Co-operating with the CPCs to disseminate information and consult affected communities.
• Inventorying affected assets, preparing compensation plans to submit to DPCs/ PPCs for approval.
• Co-operating with PPMUs and CPCs of affected communes to implement compensation and land clearance.
Responding to Ahs‘ queries and advises DPCs in settling Ahs‘ grievances.
X. MONITORING AND EVALUATION
10.1 Internal monitoring
Implementation of the RAPs will be regularly supervised and monitored by the CPO and PPMUs. The findings and recommendations will be recorded by the PPMUs in quarterly reports on implementation progress of compensation and resettlement to submit to the CPO and the WB for review. Internal monitoring aims to:
a. Ensure payment of compensation to project affected people are provided based on DMS results and replacement costs of affected assets at the market prices at the compensation time.
b. Ensure resettlement activities are conducted according to the compensation policies as per agreed RPF and RAP for each sub-project.
c. Determine if the required transition and income restoration measures are provided on time.
d. Assess if income and livelihood restoration measures have been provided properly for income restoration by Ahs and propose remedial measures if objectives of restoring income of households have not been met.
e. Implementation of information disclosure and community consultation
f. Determine if complaint procedures are followed and propose solutions if there are pending issues.
g. Give priority to displaced persons' concerns and needs, specially the poor and vulnerable households.
h. Conformity between relocation and land clearance and construction commencement to ensures that Ahs have been provided with compensation, allowance, and relocation satisfactorily before construction commencement.
Detail indicator of internal monitoring in below table.
Table 8: Internal monitoring indicators
|Type of monitoring |Basis for indicators |
|Budget and time |Have the personnel for compensation and resettlement implementation been arranged sufficiently as per plans? |
| |Have resettlement activities been carried out as per agreed plans? |
| |Have budgets for resettlement been allocated for resettlement executing agencies timely and adequately? |
| |Have the resettlement executing agencies received budgets as per plans? |
| |Has compensation been paid as per RAP? |
| |Has the social preparation stage been implemented as per plans? |
| |Has land been acquired and handed over timely for construction? |
|Delivery of Ahs’ |Have all Ahs received their entitlements fully for quantities and types of damages as stipulated in the matrix |
|entitlements |of entitlements? |
| |Have the Ahs received their payments on time? |
| |Have the AHs with temporary lose of land been compensated for? |
| |Have all Ahs been provided with transportation, transfer, and livelihood and income restoration allowances as |
| |per plans? |
| |Have resettlement houses/ land been assigned? Has the legal land use right been granted to Ahs? |
| |How many Ahs having been granted with land use right? |
| |Have supporting measures been implemented as per plans for the receiving communities? |
| |Can Ahs access to schools, medical care services, socio-cultural places and activities? |
| |Have livelihood and income restoration activities been implemented as per agreed the RPF and RAPs? For example,|
| |numbers of Ahs that have been provided with vocational training and jobs, small-scale credits, |
| |income-supporting activities? |
| |Have affected business been granted with their entitlements, regardless of being registered or not? |
|Consultation, Grievance,|Has community consultation been carried out as plans? Have brochures of project information and entitlements of|
|and Special Issues |compensation and resettlement been delivered? |
| |How many Ahs know about their entitlements? How many PAPs receive such entitlements? |
| |Do Ahs know about and use grievance mechanism as set up in the RPF? What are the outcomes? |
| |Numbers of grievances and types of grievances (by genders, vulnerable groups)? |
| |Numbers of settled grievances (by genders, vulnerable groups)? |
| |Levels of awareness of resettlement procedures |
| |Levels of satisfaction on resettlement procedures |
| |Levels of awareness on entitlements |
| |Levels of satisfaction on entitlements |
| |Levels of awareness on grievance mechanism |
| |Levels of satisfaction on grievance mechanism |
10. 2. External Monitoring
The independent monitoring on compensation and resettlement implementation for the whole project will be conducted by a qualified independent consultant organization selected by CPO. Independent monitoring will be required for full RAP and will not be applied for abbreviated RAPs in which internal monitoring is maintained. The independent monitoring consultant should be recruited under regulations of recruiting the Consultant by the WB with a terms of reference that specify frequency of monitoring, methods of monitoring, monitoring indicators, and reporting requirements. Monitoring reports will be submitted to the CPO, the MARD and the WB after finishing site monitoring.
Independent monitoring of RAP implementation will be based on desk review and field visits, meetings with relevant agencies, local officials, and Ahs. Separate meetings with women and vulnerable households will be held. The main objective of external monitoring is to provide an independent periodic review and assessment of (i) achievement of resettlement objectives; (ii) changes in living standards and livelihoods; (iii) restoration and/or improvement of the economic and social base of the affected people; (iv) effectiveness and sustainability of entitlements; and (v) the need for further mitigation measures.
The external monitoring will address specific issues as follows:
a. Public consultation and awareness of resettlement policy and entitlements of Ahs;
b. DMS of affected assets and compensation payment as per policies in approved RAPs;
c. Coordination of resettlement activities with construction schedules;
d. Land acquisition and transfer procedures;
e. Construction/rebuilding of replacement houses and structures on residual land or to new relocation sites;
f. Level of satisfaction of Ahs with the provisions and implementation of the RAPs;
g. Grievance redress mechanism (documentation, process, resolution);
h. Effectiveness and sustainability of entitlements and income rehabilitation measures for Ahs;
i. Gender impacts and strategy;
j. Capacity of Ahs to restore/re-establish livelihoods and living standards. Special attention provided or to be provided to severely affected and vulnerable households;
k. Resettlement impacts caused during construction activities;
l. Participation of Ahs in RAP planning, updating and implementation;
m. Institutional capacity, internal monitoring and reporting; and
n. Channelling of government funds for compensation payment and allowances for severely Ahs or displaced Ahs.
Detail indicator of internal monitoring in below table
1 Table 9: External monitoring indicators
|Type of monitoring |Basis for indicators |
|Some basic |Locations |
|information of Ahs |The average size of households, the average age range, the average education attainment |
| |Genders of the Ahs’ heads |
| |Ethnicity |
| |Levels of access to health and education services, utilities, and other social services. |
| |Types of houses |
| |Types of land and legal status of land use |
| |Types of occupations and jobs |
| |Sources and levels of incomes |
|Restoration of |Have depreciation, fees or transaction fees been included in compensation amounts for houses for Ahs? |
|living standards |Have Ahs accepted options of resettlement sites/ houses? |
| |Have main environmental, cultural, and social conditions of Ahs been restored? |
| |Have lives of Ahs, particularly of the displaced people and the vulnerable group, been stable? |
|Livelihood |Have compensation amounts been sufficient for replacement of lost assets? |
|restoration |Has compensation land been enough according to suitable standards? |
| |Have transportation and subsistence allowances been enough? |
| |Have business allowances been enough to re-establish enterprises and production? |
| |Have vulnerable groups are provided with chances of incomes? Are such chances been effective and sustainable? |
| |Do new jobs restore pre-project income levels and living standards? |
|Levels of Ahs’ |Have Ahs agreed with compensation prices? |
|Satisfaction |To what extent do Ahs know about resettlement procedures, their rights and entitlements? |
| |Do they know whether their entitlements are provided or not? |
| |To what extent do Ahs self-evaluate their restored living standards and livelihoods? |
| |To what extent do Ahs know about grievance and grievance redress procedures? |
| |Have their grievances been received, settled timely and satisfactorily as per the mechanism in the RPF? |
|Efficiency of |Have Ahs and their assets been measured precisely? |
|resettlement |Have illegal or non-legalizable land user been assisted? |
|planning |Have implementation time and compensation budgets been sufficient to meet resettlement objectives? |
| |Have entitlements been satisfactory? |
| |Have vulnerably groups been assisted for? |
|Other impacts |Are there any unexpected environmental impacts? |
| |Are there any unexpected impacts on jobs or incomes? |
| |If any, how have such issues been resolved? |
XI. BUDGET AND COST ESTIMATE
11.1 Financial sources
All land acquisition, compensation and resettlement costs of the sub-project “Maintain, upgrade and treat the key parts of the left dyke of Cau Chay river (section from K0 - k42) Yen Dinh district, Thanh Hoa province” is taken from provincial counterpart funds of Thanh Hoa province.
11.2 Compensation and allowance cost estimate
11.2.1 Compensation with replacement Cost
Compensation cost wasestablished in each commune in the sub-project area and approved by the PPC. . The compensation cost was set up based on the results of replacement cost survey. The estimated compensation amounts will be rechecked at the time of compensation payments.
Updated replacement Cost Survey (RCS) were done immediately after the results of Detailed Measurement Survey had completed. This aims to enable a comparison between proposed compensation tariffs (based on Provincial People's Committee's compensation regulations) and replacement costs (identified through the survey). The comparison aims to identify the differences in compensation tariff (between provincial rates and replacement cost survey results) and allow adjustment (to reflect replacement cost) and facilitate consultation and consensus among affected population. Prices will be updated to take into account price increase, especially if resettlement implementation is delayed.
Resettlement Consultant conducted replacement cost survey in the area of communes/towns affected by the sub-project, the survey was conducted in August, 2011. Replacement cost study and survey was conducted based on the following basic principles: (i) productive land (agricultural land, fish ponds, gardens, forests) is based on market prices reflecting the last sales in the locality and surrounding area; (ii) crops is valued equivalent to market value at the time of compensation, and (iii) perennial trees and fruit trees are compensated in cash according to market prices by tree kinds, tree diameter, or a value of output at the time of compensation;
Replacement Cost Survey was conducted through (i) study of the average revenue for agricultural industries (income generated from land) in the locality, (ii) interviews and surveys of project affected households and non-project affected households and (iii) observations and surveys in residential areas. Therefore, replacement cost was proposed for sub-project.
Currently, regulations on compensation cost and allowances for land, trees, crops as well as architectural objects, houses issued by People's Committee of Thanh Hoa Province are always updated by Department of Finance, Department of Natural Resources - Environment, Department of Construction, etc and local authorities to upgrade and release every beginning and middle of a year. Base on results of market price survey, Resettlement Consultant has conducted the comparison result between market prices and compensation unit prices regulated in Decisions, documents and policies of the province in 2011 that are presented in the table below:
Replacement cost is the amount calculated before displacement of affected assets without deduction for taxes, costs of transaction as follows:
i) Productive land: based on actual current market prices that reflect recent land sales in the area, and in the absence of such recent sales, based on productive value;
ii) Residential land: based on actual current market prices that reflect recent land sales in the area, and in the absence of such recent sales, based on prices of recent sales in comparable locations with comparable attributes;
iii) Houses and other related structures: based on actual current market prices of materials and labour without depreciation nor deduction for salvaged building materials;
iv) Annual crops: equivalent to highest yield in the recent 3 years multiplied by actual current price at the time of compensation;
v) Perennial crops: cash compensation at replacement cost which is equivalent to current market value given the type, age and productive value at the time of compensation.
vi) Timber trees: cash compensation at replacement cost which is equivalent to current market value for each DBH, height and age at the time of compensation.
PPC of Thanh Hoa province issued the prices for valuation of affected land, works, structures, trees and crops. Evaluation of replacement price is implemented to compare with prices in the Decisions.
The RCS report will be shown in detail in the Appendix 1.
11.2.2 Compensation costs
The compensation costs of the sub-project including (i) compensation for land acquired permanently, (ii) compensation for structures, architectural objects, houses, crops and trees.
Table 10: Summary of compensation cost of the subproject
Unit: 1000đ
|No |Commune |Land |Structural works |Tree, vegetable |Costs |
|1 |Yen Tam |12,000,000 |- |2,157,300 |14,157,300 |
|2 |Yen Lac |1,185,071,120 |373,947,730 |188,337,772 |1,747,356,622 |
|3 |Yen Giang |496,820,000 |10,640,950 |71,184,965 |578,645,915 |
|4 |Yen Thinh |5,008,067,300 |200,264,000 |615,617,577 |5,823,948,877 |
|5 |Yen Phu |554,145,600 |152,928,010 |165,055,461 |872,129,071 |
|6 |Dinh Thanh |3,485,556,800 |171,095,930 |81,815,737 |3,738,468,467 |
|7 |Dinh Binh |490,135,200 |20,918,750 |44,139,031 |555,192,981 |
|8 |Dinh Tang |1,770,560,200 |92,838,760 |273,105,382 |2,136,504,342 |
|9 |Dinh Tuong |2,118,402,000 |98,054,960 |53,096,950 |2,269,553,910 |
|10 |Dinh Hoa |- |- |49,350,024 |49,350,024 |
|11 |Dinh Cong |85,944,000 |2,328,000 |503,197,992 |591,469,992 |
|Total |15,206,702,220 |1,123,017,090 |2,047,058,191 |18,376,777,501 |
Total compensation costs for land, structures, crops and trees affected by land acquisition for project implementation is 18,376,777,501 VND
11.2.3 Assistance costs
Assistance cost based on the Decisions of the Government of Vietnam and specific decisions, - regulations of Thanh Hoa province:
Decision 3788/QĐ-UBND dated October 23th 2009 issued by Thanh Hoa PPC, and policies of WB.
Based on Item 5.1.1 Article 2 of Decision 3788/QĐ-UBND issued by Thanh Hoa province, allowance for Ahs who lost agriculture land equal to 1.5 times of the compensation cost for acquired agriculture land.
These assistance costs are calculated at the present time and they can change as update Draft. Replacement cost and Allowance Policy of Province can change therefore compensation cost will be updated as Draft is updated.
Table 11: Assistance costs
Unit: VND
|No |Assistance |No of AHs |Amount (VND) |
|1 |Allowance for acquired agriculture land |263 |7,087,114,200 |
|2 |Allowance for poor Ahs |24 |1,425,600,000 |
|3 |Allowance for Vhs |15 |74,250,000 |
|4 |Allowance for losing 20% or more (10% for the poor and vulnerable |20 |70,500,000 |
| |households) Ahs. | | |
|5 |Allowance for business loss |2 |2,640,000 |
|Total |8,660,104,200 |
11.3 Contingencies for prise arising and unexpected expenditures
Administrative cost equals to 2% of total compensation costs. Cost of Management (2%) include administrative costs such as salaries, allowances, bonuses, benefits, office supplies, payment of public services, information dissemination, work fees and other activities to prepare implementation of the resettlement plan of the project.
Contingencies for arising price and construction work is decided by 15% of total costs of compensation, all-type assistance for income restoration, administration (management cost) and stated in the table below:
Table 12: Contingencies for arising price
|No |Cost |Amount (VND) |Contingencies for arising price (VND) |
|1 |Compensation cost |18,376,777,501 |2,756,516,625 |
|2 |Assistance cost |8,660,104,200 |1,299,015,630 |
|3 |Administrative cost |958,793,934 | |
|Total |4,055,532,255 |
| |7 |
Estimated contingencies for changeable in price and for implementation of the sub-project is of 4,055,532,255 VND.
11.4 Total budget of estimated costs
Total expenditures are detailed in the table below including the following costs: (1) Compensation cost, (2) All-type assistances and administrative costs, and (3) Contingencies for price arising:
Table 13: Summary of costs
|No |Cost |Amount (VND) |
|1 |Compensation cost |18,376,777,501 |
|2 |Assistance cost |8,660,104,200 |
|3 |Administrative cost |958,793,934 |
|4 |Contingencies for arising price |4,055,532,255 |
|Total |32,051,207,890 |
Total estimated costs are rounded of 32,051,207,890 VND equivalent to 1,538,409 USD.
XII. IMPLEMENTATION SCHEDULE
12.1 Implementation activities
The steps of the project's implementation is as follows:
Order and procedures for compensation and resettlement is based on the Decree No. 197/2004/ND-CP dated 03/12/2004, Decree No. 69/2009/ND-CP on 13/8/2009 of Government's Circular No. 14/2009/TT-BTNMT 01/10/2009 of Ministry of Natural Resources and Environment.
Decision No 3788/2009/QĐ-UBND dated 23/10/2009 of People's Committee of Thanh Hoa province on promulgating regulations on compensation policy, support and resettlement when the State recovers land in the Thanh Hoa province areas.
Decision 345/2010/QĐ – UBND on the issuance of compensation unit price on assets and structures in land clearance in Thanh Hoa province.
Decision 2072/2010/QĐ – UBND regulations on the approach sequence and procedures for land acquisition, conversion of land use, land allocation, land tenure to carry out investment projects in Thanh Hoa province.
Decision 4555/2010/ QĐ – UBND regulation on land prices in Thanh Hoa province in 2011. Decision 2201/ HD – STNMT by Department of Natural Resources and Environment of Thanh Hoa province, guidance on implementation of support and resettlement policies when State recovers land in Thanh Hoa province.
Decision 1048/QĐ – UBND on the issuance of compensation unit prices of property in land clearance in Thanh Hoa province.
Step 1: Location Introduction and land acquisition notice
The identification and land acquisition notice is based on the written evaluation letters of land use needs of the Department of Natural Resources and Environment submitted to Thanh Hoa People's Committee for approving and issuing land acquisition notices (including reasons land acquisition, area and location of land recovery on the basis of the existing cadastral or detailed approved construction planning; to assign the district’s people committees for land acquisition notification to the public, to guide compensation, assistance and resettlement in the district level to perform inventory tasks, establish compensation plans). District’s people Committees is responsible for directing the widespread policy of land confiscation, the regulations on land acquisition, compensation, resettlement assistance when recover of used land for national defense purposes, security, national interests, public interests and economic development.
Commune’s People's Committee responsible to post up a public notice about land acquisition policies in the commune’s People's Committee headquarters and in the points of living and residential areas where land is recovered, widely reported on radio system level (in places having radio system).
Step 2: Prepare cadastral for land acquisition site:
Based on documents on land acquisition of the municipal People's Committee, Department of Natural Resources and Environment shall direct the registration office for land use rights in same level to make the preparation of cadastral files.
Revision of the cadastral map to suit the current situation and make extracts of the cadastral map for places which have formal cadastral maps or conduct cadastral measurements for places with no formal cadastral maps;
Complete and make extract from cadastral (land register) to send to the DRC;
Make a list of parcels of land to be recovered with the following contents: number of maps, land parcel numbers, names, land use area of the parcel of land has the same purpose, the purpose of land use.
Step 3: Planning, evaluating and approving the general plan on compensation, assistance and resettlement
The Owner guide the consultant unit to create overall compensation and resettlement assistance plans (hereinafter called the general plan) based on survey data, field surveys, existing document issued by the Natural Resources and Environment, which had been assessed and approved along with approved investment projects. Comprehensive plan shall contain the following:
• The basis for the plan creation;
• General data on the types of land area and grade land for agriculture, the number of maps, parcel number, estimated value of existing assets on the land;
• General data on the number of households, number of household members, number of employees in the area of land recovery, clearly stating the number of employees in switched careers, resettlement of households;
• Expected level of compensation, support and expected location, land area or areas of resettlement housing and resettlement, the resettlement mode;
• Plan measures to help jobs creation and training plan of job conversion;
• List of works and scope of the work of the State, organizations, religious institutions, residential communities expected to move to relocation sites;
• The number of graves to be removed and proposed sites for relocation;
• Cost estimate to implement the plan;
• Funding sources to implement the plan;
• Progress of implementation plans.
Step 4: Making the landmarks clearance
After projects are approved by competent authorities, the project owner base on the basic design to conduct the clearance boundary markers, handed over to the organization in charge of compensation management and implementation the next steps of site clearance work. In stage of formulation, approval of technical design (or design of construction drawings) if any adjustment on the scope of site clearance, project investors coordinate with organizations in charge of compensation promptly, accurately and immediately notify the local authority the content adjusted.
Step 5: Prepare The Compensation, Assistance And Resettlement Plan.
1. Field inspection and enumeration.
Based on the land acquisition policy and the site clearance landmarks of the project, the Organization in charge of compensation prepares the detailed enumeration report for each land acquisition case (called the compensation quantity enumerating report, for short). The report has to present specific contents, including names, places of permanent address registration, places of temporary address registration, current addresses of acquired land owners, the number of household members, the number of labourers and social policy beneficiaries (if any); the area and the location of the acquired land lot; the quantity of crop plants and domestic animals; the shape, the dimension, the quantity, the structure and basic features of assets currently on that land; emerging and underground works associated to the acquired land.
2. Identification of the origin of each acquired land lot.
The organization in charge of compensation co-operates with the Land Use Rights Registration Office and Ward People’s Committees to identify the origin of each acquired land lot and the legal owner of the land lot based on documents related to the land use, cadastral documents, cadastral maps, inventory documents, cadastral books, statistics registration books, monitoring books of land use right certificates granting and tax registers of the acquired land.
3. Preparation of the compensation and assistance plan.
Pursuant to the compensation quantity enumerating report, the origin of each acquired land lot, unit prices and compensation policies as stipulated, the Organization in charge of compensation implements the preparation of the compensation and assistance plan with following contents:
- Name and address of the owner of the acquired land;
- Area, type, location and origin of the acquired land;
- Calculation bases for the money amount of compensation and assistance such as the compensated land price, the house price, the compensated works, the number of household members, the number of labourers in the working age, and the number of social benefits beneficiaries;
- Amount of compensation and assistance money;
- Resettlement arrangement;
- Relocation of governmental works, religious organizations and communities;
- Grave’s displacement.
4. Collection of comments on the compensation, assistance and resettlement plan:
- The compensation, assistance and resettlement plan is openly posted at ward PC headquarters and at residential activities places where land is acquired so that the land users and relevant people can give comments;
- The posting must be made in written form confirmed by representatives of ward PCs, Ward Committees of Fatherland Front and acquired land owners;
- The period of posting and receiving comments lasts at least twenty (20) days as from the date of posting.
5. Finalization of the compensation, assistance and resettlement plan:
- At the end of the plan posting and comments receiving period, the Organization in charge of compensation and site clearance will be responsible for written synthesis of comments, including a clear statement of agreement, disagreement and other opinions towards the compensation, assistance and resettlement plan. This Organization is also responsible for finalizing the plan and sending the finalized plan and the collection of contributed comments to the Natural Resources and Environment agency for appraisal.
In case there are a lot of disagreement opinions towards the compensation, assistance and resettlement plan, the Organization in charge of compensation and site clearance will need to clarify or review and adjust the plan before it is sent to the Natural Resources and Environment agency for appraisal.
Step 6: Evaluation and approval of the compensation and supporting plan:
Division of Natural Resources and Environment shall assume the prime responsibility and coordinate with related departments at district level for evaluation of compensation, assistance plan, in accordance with regulation; submission to DPC for approval of the compensation, supporting plan by regulations.
Step 7: Decision on land acquisition and redress grievances against decision on land acquisition.
- Based on report of land acquisition, compensation, support and resettlement plan prepared and approved by competent agencies, the extracts or the cadastral measurements of land plots. District People's Committee make decisions of land acquisition for affected households, individuals and communities.
- During the implementation of land acquisition, if there is any question or complaint from citizens, the CPC will gather comments and complaints and send to the competent authorities’ to consider.
While a decision of grievance redress is pending, decisions on land recovery must be continued. Where State agencies have jurisdiction over complaints concluded the land acquisition is contrary to law, must stop land acquisition, state agencies have issued decision to withdraw the land must make new decision on cancelling the decision issued on land acquisition and must compensate damages from recovery decisions (if any). Where State agencies have jurisdiction over complaints concluded the land acquisition is lawful, the person whose land is recovered to abide by the decision of land recovery.
Step 8: Compensation, assistance and resettlement plan approval and disclosure.
- District People's Committees approve the compensation, assistance and resettlement plan according to regulations.
- Within a period not exceeding three (03) days from the date of receipt of the approved compensation, assistance and resettlement plan, DRCS coordinate with CPC disseminate publicly approval of the compensation, assistance and resettlement plan in CPC headquarters and at communal activities places in residential areas where land is recovered; send the decision on compensation, assistance and resettlement to people whose land is recovered, which clearly states the level of compensation, assistance, on land allocation and resettlement (if any), time and place of payment of compensation, assistance time and hand over the land recovered to DRCS.
Step 9: Payment of compensation and resettlement assistance
Compensation, assistance and resettlement Council made payments after the approving decision of compensation, assistance and resettlement plan.
Step 10: Hand over and enforcement of land acquisition
- Within twenty (20) days from the date of organization in charge of compensation and site clearance complete payment for compensation and support for land acquisition under the approved plan, the person whose land is recovered, is responsible to hand over land to the organization in charge of compensation and site clearance.
- In cases where the people, who land is recovered, is not implement the decision of land acquisition, the competent level people's committee will issue coercive decision for land acquisition. The forcible land acquisition shall comply with the provisions of Article 32 of Decree No. 69/2009, ND-CP dated 13/8/2009 by the Government
12.2 RAP updating procedure
Currently the accurate data number of permanent and temporary affected households is not yet identified; therefore precise data of affected people and assets of the sub-project will be updated in the RAP of the sub-project after completion of detailed measurement survey (DMS). The Entitlement Matrix Table will be updated accordingly.
The updating RAP is carried out in the following steps:
- Update the new information or any changes relating to the RAP.
- Submit to CPO and WB for prior review before compensation payment.
- Approved by WB.
- Implement the compensation payment.
12.3 Implementation plan
The implementation schedule for resettlement activities for the sub-project is presented in the following table including (i) Community consultation activities, (ii) activities that have been completed to prepare the RAP; and (iii) external monitoring activities.
Table 14: Implementation Schedule
|Activity |Responsible party |Implementation plan |
|Preparation for implementation | | |
|Approving safeguard policy frameworks (RPF and EMPF) and RAPs of 4 |The WB and the GOV |Quarter 1/2012 |
|sub-projects[2] that are implemented in the first year. | | |
|Publishing the Safeguard Policy Framework and RAPs on the GOV and the |CPO |Quarter 1/2012 |
|WB’s websites | | |
|Training on safeguard policy frameworks for the project officers and |CPO and Resettlement Consultant |Quarter 1/2012 |
|the DRCs | | |
|Recruiting the independent monitoring agency |CPO |Quarter 2/2012 |
|Updating RAPs of the 4 sub-projects implemented in the first year |CPO and Resettlement Consultant |Quarter 3/2012 |
|PPMUs sign contracts with DRCs for RAPs implementation |PPMUs and DRCs |Quarter 3/2012 |
|Implementation of RAPs of 4 sub-projects in the first year | | |
|Disseminating project information to Ahs |DRCs and CPCs |Quarter 3/2012 |
|Inventorying affected assets and preparing compensation plans |DRCs and CPCs |Quarter 3/2012 |
|Paying compensation and clearing sites |PPMUs, DRCs, and CPCs |Quarter 4/2012 |
|Monitoring resettlement internally every month and preparing quarterly |PPMUs |Quarter 2/2012 |
|reports | | |
|Monitoring resettlement externally every six months and preparing |Independent monitoring agency |Quarter 3/2012 |
|monitoring reports | | |
|RAPs preparation for the remaining sub-projects | | |
|Procedures of RAP preparation for the remaining sub-projects should |CPO and RAP preparation |Quarter 1/2013 |
|comply with guidelines stated in Annex 1 and resettlement policies |consultant | |
|described in this RPF. | | |
|Approval of RAPs for the remaining sub-projects. |PPCs and the WB |Quarter 2/2013 |
APPENDIX
APPENDIX 1: REPORT ON REPLACEMENT COST SURVEY
1. Objective of replacement cost survey
The objective of this survey about the replaced price is to identify the compensation price for all kinds of land, assets, trees and crops of affected households by subproject. The replaced price is similar and higher than popular price in the market to ensure that no affected households will have worse situation than before subproject. On the contrary, at least all affected households will maintain or improve living standard compared to before subproject.
2 Methodology
2.1. Approach
Rapid assessment methods will be introduced to study the replacement costs along the road alignment. Information collected from both desk research and direct interviews with people in affected area, both those persons who are affected and those not affected, is analysed to establish replacement costs.
Desk research will focus on relevant publications, materials of Government authorities, both at central and local levels. However, these materials will play the supporting role only.
As the work is aimed at obtaining reasonable replacement costs for different types of affected assets, market evidences are the factors which most strongly base the formulation of these costs. Direct interviews with people in the affected area, both those, whose assets are affected by the Project and those, whose assets are not, will produce reliable data for establishment.
The study team consists of experienced resettlement specialist, economics, planners.
2.2 Methodology
a. Replacement costs for Lands
The most effective way to obtain the replacement costs for land – actually, market value for lands- is to gather data of some sales of land, which have just taken place.
However, the transfer of land use right does not always go along with such sales, which makes details of such sales not recorded. So, the sale evidences to support the verification of provincial prices will be collected. In addition, information to base the establishment will be gathered from direct interviews with owners of land in the area along the road. The interviews will cover the following issues:
- The recent land use rights transfer in the area;
-The price, at which owners (affected and not affected persons) are willing to sell their land.
Apart from determining the rates for various types of land, the transaction costs involved such as administrative charges, taxes, registration and titling costs, etc. will be determined. The replacement cost for each type of assets will be specified with the transaction costs.
b. Replacement costs for Structures
The objective of this establishment is to determine whether the provincial prices enable APs to rebuild their affected structures. The establishment of compensation for affected structures is based on the principle of replacement cost. The information to base the establishment will mainly be collected from direct interviews with owners of structures, construction contractors specialized in residential building.
The interviews will be conducted based on a pre-developed interview guide, which will cover the following issues:
b.1 Interviews with owners of structures:
a) Construction materials:
- Main materials they used for their current structures
- Type of shops where they bought construction materials
- Distance of transport
- Origin of the materials (local or overseas)
- Costs of various materials.
b) Labour
- Who built the structures: owners themselves or contractors, if owners built themselves, they use their own labour or hire other people.
b.2 Interviews with construction contractors:
- Main materials which are most used by the local people to build their structures;
- Costs for those main materials;
- Cost of labour;
- Average construction cost (cost per sq.m floor) for different types of houses according to different categories;
- Validation of provincial construction prices (cost per sq.m floor for each category).
The structures will include but not limited to the following:
- Houses
- Kitchens (in case they are separated from houses)
- Toilets, bathrooms (in case they are separated from houses)
- Any other structure associated to the house
For public assets such as electric posts, water supply system, water pipes, similarly in the case of structure, cost to construct those facilities will be determined to see whether the compensation is enough to reconstruct them. Information to base the evaluation will be conducted with officials in charge of constructing such facilities to determine material cost and labour cost.
c. Market Prices for Trees
The basis of the establishment the market prices for trees is to determine the average market price for each type of tree. The information to base the establishment will be collected from:
a) Secondary sources:
- Publications of National Statistical Office
- Publications of Price Committee
b) Primary sources:
- Interviews with people who own the same trees in the locality. The interviews will cover price, at which owners are willing to sell each type of trees. The prices for perennial trees will be differentiated by the age of the trees.
- Team will investigate the sales price of outputs of different type of trees in the market.
d. Establishment of Replacement Cost.
Replacement Cost = Current Market Value + Transaction Cost
Apart from determining the rates for land and non-land assets indicated above. The study team will determine the transaction costs involved such as administrative charges, taxes, registration and building permit costs.
The replacement costs for lands and assets will be presented by districts, with detailed information by communes of the districts.
3. Sample selection for the survey
Affected households are prioritised for the selection of sample for the survey. Through this, their demands about compensation unit price are reflected. However, to have objective results, unaffected households who have similar characteristics about geographic location, kinds of assets... are also selected for the survey. For the households not having transferred land, their expected price which they want to transfer for the other or they could buy is investigated. During the survey, the households who have just transferred land, trees and crops and just constructed works are prioritised because they are clear evidence for existing price.
The scope of selected samples depends on the number of affected households in communes and affection level of their assets.
4. Information treatment
Information collected through survey are noted and kept carefully by each area; then they are synthesized and analysed. From that, the price level approximate with the market price of each asset in each area is identified.
5. Investigation results
The sub-project is in rural mountainous area where the market economy especially land market has not developed and there are few evidences about land transfer. Over 80% population live based on agricultural production. Construction material price is recently stable. Thus, the investigation is mainly based on the expected price level. The investigation results show that the price of residential land is slightly higher than PCP’s price. Agricultural land is not bought or sold so the price is based on PCP’s price. Structures and tree, crops is higher than unit price prescribed at Decision 345/2010/QD-UBND by Thanh Hoa PPC on compensation cost for the structure and tree-crops in 2010 (expiry date of this Decision is until December 2011). Following is the results of price investigation for the sub-project:
Table 15: Investigation results
|No |Investigated items |Units |Provincial price (VND) |Investigated price |Applied price (VND) |
| | | | |(VND) | |
|I |Land |
| |Residential |m2 |30,000 – 3,500,000 |1,500,000 |1,500,000 |
| |Agricultural |m2 |40,000 |40,000 |40,000 |
| |Aquacultural |m2 |40,000 |40,000 |40,000 |
| |Forestry |m2 |5,000 |7,500 |7,500 |
| |Garden |m2 |60,000 |60,000 |60,000 |
|II |Tree and crops |
| |Casuarina type A |Tree |3,038 |4,000 |4,000 |
| |Casuarina type B |Tree |6,027 |7,0000 |7,0000 |
| |Eucalytus type A |Tree |3,206 |4,000 |4,000 |
| |Eucalytus type B |Tree |10,150 |12,000 |12,000 |
| |Khaya type A |Tree |8,261 |10,000 |10,000 |
| |Khaya type B |Tree |10,787 |12,000 |12,000 |
| |Malabar almond tree type A |Tree |8,484 |10,000 |10,000 |
| |Malabar almond type B |Tree |12,474 |15,000 |15,000 |
| |Flamboyant type B |Tree |10,463 |12,000 |12,000 |
| |Ficus racemonas type B |Tree |12,474 |15,000 |15,000 |
| |China tree type A |Tree |8,335 |10,000 |10,000 |
| |China tree type B |Tree |11,150 |14,000 |14,000 |
| |Longan tree type C |Tree |143,841 |150,000 |150,000 |
| |Longan tree type D |Tree |251,720 |265,000 |265,000 |
| |Grapefruit tree type B |Tree |31,719 |34,000 |34,000 |
| |Grapefruit tree type C |Tree |102,743 |105,000 |105,000 |
| |Guava tree type C |Tree |31,719 |35,000 |35,000 |
| |Guava tree type D |Tree |42,125 |45,000 |45,000 |
| |Jackfruit tree type A |Tree |8,396 |10,000 |10,000 |
| |Jackfruit tree type D |Tree |308,231 |315,000 |315,000 |
| |Coconut tree type C |Tree |251,000 |265,000 |265,000 |
| |Coconut tree type d | |373,985 |380,000 |380,000 |
| |Sugar cane |m2 |7,191 |10,000 |10,000 |
| |Water morning glory |m2 |5,009 |6,000 |6,000 |
| |Sweet potato |m2 |4,523 |6,000 |6,000 |
|III |Structure |
| |Concrete ground |m2 |54,000 |60,000 |60,000 |
| |Livestock cage |m2 |179,000 |185,000 |185,000 |
| |Brick wall |m2 |110,000 |120,000 |120,000 |
| |Stone wall |m2 |107,000 |115,000 |115,000 |
| |Gate pole |m3 |500,000 |500,000 |500,000 |
| |Grave |N.0 |800,000 |1,000,000 |1,000,000 |
APPENDIX 2: REFERENCE TABLES
Table 1. List of affected structure
|No |Structure |Unit |Commune |
| | | |Yen Lac |
|1 |Yen Tam |1 |2 |
|2 |Yen Lac |2 |2 |
|3 |Yen Giang |1 |1 |
|4 |Yen Thinh |1 |3 |
|5 |Yen Phu |3 |1 |
|6 |Dinh Thanh |3 |4 |
|7 |Dinh Binh |7 |2 |
|8 |Dinh Tang |2 |3 |
|9 |Dinh Tuong |2 |7 |
|10 |Dinh Hoa |0 |1 |
|11 |Dinh Cong |2 |2 |
[pic]
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[1] PAPs cannot continuously cultivate on the remaining land due to insufficient conditions for cultivation
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RP1276 v4
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