mekong transport/flood protection project the …

Socialist Republic of Vietnam

Ministry of Transport

World Bank

MEKONG TRANSPORT/FLOOD PROTECTION PROJECT THE GANH HAO BRIDGE

Resettlement Action Plan (RAP)

ASIA PACIFIC ENGINEER CONSULTANTS (APECO)

February 2007

RP530

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RESETTLEMENT ACTION PLAN (RAP) Ganh Hao II Bridge

TABLE OF CONTENTS LIST OF ACRONYMS .............................................................................................................3 DEFINITION OF TERMS..........................................................................................................5 1 Introduction...........................................................................................................6 2 Scope of Land Acquisition and Resettlement...................................................9

2.1 Description of Ganh Hao II Bridge ................................................................................9 2.2 Land Acquisition Impacts ............................................................................................11

3 Socio-economic information.............................................................................15 3.1 Sources of Information ................................................................................................15 3.2 Demographic Features of DPs....................................................................................15 3.3 Education ....................................................................................................................16 3.4 Land Tenure................................................................................................................17 3.5 Income Sources and Incomes.....................................................................................17 3.6 Living Conditions and Possessions of Assets.............................................................19

4 Legal Framework and Entitlement Policy........................................................19 4.1 Vietnam’s Laws, Decrees, and Circulars ....................................................................20 4.2 World Bank Policies ....................................................................................................21 4.3 Government, World Bank, and MTFPP.......................................................................22

5 Compensation Policy.........................................................................................24 5.1 Objectives of Resettlement .........................................................................................24 5.2 Displaced People (DP)................................................................................................24 5.3 Principles of Resettlement ..........................................................................................24 5.4 Compensation Policy for Loss of Agricultural Land.....................................................25 5.5 Compensation Policy for Residential Land .................................................................26 5.6 Compensation Policy for Loss of Houses/Structures ..................................................28 5.7 Compensation for loss of Standing Crops and Trees .................................................28 5.8 Compensation Policy for Loss of Income and/or Business/Productive Assets ...........29 5.9 Temporary Impact During Construction ......................................................................29 5.10 Compensation for Loss of Community Assets ............................................................30 5.11 Social Assistance and Incentive Bonus ......................................................................30

6 Relocation Issue.................................................................................................30 7 Institutional Arrangements................................................................................30

7.1 Central level ................................................................................................................31 7.1.1 Ministry of Transport (MOT) ....................................................................................31 7.1.2 Project Management Unit 1 (PMU1)........................................................................31

7.2 Local level ...................................................................................................................31 7.2.1 Provincial People’s Committee (PPC).....................................................................32 7.2.2 District’s People Committees...................................................................................34 7.2.3 Ward’s/Commune’s People Committees.................................................................34

7.3 Agency Responsible for External Monitoring ..............................................................35 8 Public Participation, Consultation, and Grievance Mechanisms..................35

8.1 Objectives of Public Information and Consultation......................................................35 8.2 Consultation During Subprojects’ preparation.............................................................36 8.3 Consultation Proposed During Implementation...........................................................36 8.4 Grievance Redress Procedure....................................................................................39

9 Implementation Schedule..................................................................................39



Asia Pacific Engineering Consultants RAP Report Feb. 2007 Page: 9A-2

10 Cost and Budget.................................................................................................43 10.1 Financing.....................................................................................................................43 10.2 Flow of Fund ...............................................................................................................43 10.3 Compensation Prices ..................................................................................................43 10.4 Total Resettlement Cost..............................................................................................46

11 Monitoring and Evaluation ................................................................................46 11.1 Monitoring ...................................................................................................................46 11.2 Internal Monitoring ......................................................................................................47 11.3 External Monitoring .....................................................................................................47 11.4 Methodology for Independent Monitoring....................................................................48 11.5 Evaluation ...................................................................................................................49

ANNEX A: ENTITLEMENT MATRIX .......................................................................................50 ANNEX B: RESETTLEMENT AND LAND ACQUISITION IMPACTS IN DETAIL ...............................56




LIST OF ACRONYMS

DMS Detailed Measurement Survey

DP Displaced Person (or Project Affected Person, PAP)

DPC District’s People's Committee

DRC District Resettlement Committee

EMA External Monitoring Agency (or Independent Monitoring Organization, IMO)

EMDP Ethnic Minority Development Plan (or Indigenous Peoples’ Development Plan, IPDP)

GOV Government of Vietnam

GSO General Statistics Office

ha Hectare

HH Household

HHH Household Head

IDA International Development Association

IMO Independent Monitoring Organization (or External Monitoring Agency, EMA)

IWW Inland Waterway

IOL Inventory of Losses

IPDP Indigenous Peoples Development Plan ( or Ethnic Minority Development Plan, EMDP)

MOF Ministry of Finance

MOT Ministry of Transport

MPI Ministry of Planning and Investment

MTFPP Mekong Transport/Flood Projection Project

OD Operational Directives

OP Operational Policy

PAP Project Affected Person (or Displaced Person, DP)

PDOT Provincial Department of Transport

PIB Public Information Booklet

PMU1 Project Management Unit 1

PPC Provincial People’s Committee

PPMU Provincial Project Management Unit

PRC Provincial Resettlement Committee

PSU Project Steering Unit




RAP Resettlement Action Plan (or Resettlement Plan, RP)

RC Resettlement Committees

ROW Right of Way

HHH Household Head

RP Resettlement Plan (or Resettlement Action Plan, RAP)

RPF Resettlement Policy Framework

RS Resettlement Site

SBV State Bank of Vietnam

USD United States Dollar

WB World Bank

W/CPC Ward/Commune People’s Committee

VND Vietnamese Dong




DEFINITION OF TERMS Cut-of-date The date of starting 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 Any person who at the cut-of-date was located within the area affected

by the project, its sub-components, or other subproject parts thereof, and would: (i) have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); or (ii) not have formal legal rights to land at the time the census begins but have a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan; (iii) not have legal nor recognizable by laws rights to the land they are occupying, they live or/and have properties/assets within the project areas before the cut-off date. Persons covered under (i) and (ii) are provided compensation for the land they lose and other assistance at full replacement cost. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set in this PF, if they occupy the project area prior to a cut-off date. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance.

Replacement cost Is the term used to determine the amount sufficient to replace lost

assets and cover transaction costs. For loses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and supplies; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. When domestic laws do 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 standards.

Resettlement Is the general term related to land acquisition and compensation for

loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood.




1 Introduction Ca Mau is the southernmost province of the 64 provinces in Vietnam. Ca Mau province has the natural area of 5,208.8 square kilometers equivalent to 13.1% of total area of the Mekong Delta region of Vietnam or 1.57% the country area. It has a population of 1,119 thousands (in 2000). The province adjoins Kien Giang and Bac Lieu provinces on the North, the East Sea on the South and the Gulf of Thailand on the West.

Ca Mau province is administratively divided into 8 districts and Ca Mau city which is 350 km far from Ho Chi Minh City and 180 km from Can Tho city to the south. From Ca Mau city the NH1 continues its course to Nam Can district where Nam Can sea port is being constructed at the end of NH1.

Ca Mau is relatively thinly populated. In 2002, the population of the province was 1123.3 thousand. Urban population was 246.2 thousand and rural population was 877.1 thousand. Population of labor ages is 500 thousand accounting for 44.6% of total population. In general, a majority of labor force is unskilled with only 5.8% of the labor force have been trained. The climate in Ca Mau is tropical monsoon and affected by the equator climate. Therefore, the average temperature for the year is high and stable at 26.5oC. There are two seasons in Ca Mau: the rainy season (June to November) and the dry season (from December to May).

The terrain is flat and low approximately 0.5m to 0.7m above sea level Southernmost Ca Mau province with its seafood, large crude oil reserves and mangrove and cajuput forests has the potential to attract domestic and foreign investment. With a coastline of 254 km and almost 250,000 ha of water surface for shrimp farming, Ca Mau is one of four key fishing grounds in Viet Nam.

The province has injected money into developing the seafood processing industry along with zoning off material areas in order to fully tap its potential.

Aside from developing services and infrastructure for fishing and crude oil exploitation, Ca Mau has developed fleets of deep-sea fishing vessels, gradually replacing coastal fishing ships. The province has also built advanced seafood processing factories to diversify products for export suitable to market demands.

Annual seafood output increased 10.85 percent in 2002 helped by a rise in the output of shrimps to 75,000 tones and the output of processed seafood to 55,000 tones, meeting international standards and entering into foreign markets. Ca Mau registered export turnovers of $252 million USD in 2001, $304 million USD in 2002 and $350 million USD in 2003 of which processed seafood will contribute $341 million USD.

The sea-born economy has contributed to the province's socio-economic development, with gross domestic product (GDP) growth rates of 10.8 percent in 2001 and 11.3 percent in 2002.

The province also has a large oil and gas reserve, attracting long-term investment. In 2002, construction of the Ca Mau gas-electricity-fertilizer industrial zone started with an investment capital of $1.7 billion USD.

In the last 7 years, in pursuant to the approval master plan, the Local authorities cooperated with their related agencies in establishing the detailed plan of 26 projects, with total area of 1,319.71 ha, including: Industrial zone – Industrial Center, Trade Center, residential quarters, new urban area… There were 13 approved projects, with total area of 688.9 ha. In




2005, Province of People Committee approved 06 master plan scaled 1/500 for the city... Compared with the period before 1999, the planning result of the last 7 years is significant to decide the rapid development of the city in the next time, and to strive to be City Class II in 2010.

Ganh Hao Bridge




The city economy has grown rapidly, achieved average annual growth (the period 1999-2005) of 17.44 percent. In 2005, GDP increased 2.65 times compared with the year 1998. Per capita GDP in 2005 (at constant 1994 prices) amounted to 13.2 millions dong (approximately US$880), increasing 14.98% annually.

Total industrial output value has amounted 29.228 billions dong for last 7 years, increasing 23.49% on annual average. Now, there are 1.470 establishments in the city, increasing 279 establishments compared with the year 1998, the annual average growth speed is 3.05%.

The commercial service value has amounted to 4.748 billions dong for last 7 years, increasing 17.53% on annual average. Compared with the year 1998, now there are 7.150 establishments, increasing 2.875 establishments, the annual average growth speed is 7.62%. The kinds of transport, financial, bank, postal services… are expanded, with the attendance of the economic components to sever better the production requirements and life of the people.

Output value of agriculture – fishery has amounted to 2.248 billions dong for last 7 years, increasing 6.80% on annual average. Many effective production models at suburban communes have been reproduced, contributing positively to the poverty alleviation movement, raising the living standards of the rural people. For last 7 years, gross output of paddy has amounted to 390.262 tons, output of shrimp has amounted to 13.480 tons, increasing 49.58% on annual average.

The Government of Viet Nam applied for additional financing from the International Development Association (IDA) towards the cost of the Mekong Transport and Flood Protection Project (MTFPP) and which included the components for the National Highway No.1 Rehabilitation Project - Phase 3 and Improvement of the Mekong Transport Network (IMTN).

The Highway No.1 Project Management Unit (PMU1) has been established for Project preparation and implementation for this project and other similar Projects for the improvement of National Highway No.1 (NH-1) and Mekong Transport Network financed by multilateral and bilateral agencies.

The feasibility study for this Project has been carried out in 1998 under the Third Highway Rehabilitation Project (HRP2) by the consultants – APECO, who also conducted the detailed design of the roads of the Improvement of the Mekong Transport Network in November 2003.

At present, National Highway No.1 Rehabilitation Project - Phase 3 is being carried out and it is estimated to complete at the end of 2007. On NH1, there are now only 7 bridges from Ca Mau to Nam Can have not been constructed. Of which, 6 bridges had been added and to be implemented in 2007 under the MTFP project. The other big bridge, Dam Cung Bridge is under the feasibility study and will be funded by other fund.

Thus, the rehabilitation of NH1, Ca Mau – Nam Can section and construction of the bridges on the section will improve the transport in the area. However, total route is still obstructed at the location of Ganh Hao Bridge.

Ganh Hao Bridge (station km 2247+800 – km 2248+409) is located on NH1 in Ca Mau city with the carriageway of 9m in width and was built in 1980s. It links 05 districts of Ca Mau province to other provinces on National Highway No. 1. This is a unique bridge which is servicing traffic on NH1 and urban traffic of Ca Mau City. The scale of bridge is much less than not only the improved road but also transport need of the region. Therefore, it is hardly to meet the traffic flow at peak hours and in the future.




Therefore, The Ministry of Transport (MoT) of the Government of Viet Nam proposed to apply additional financial assistance in the form of a Supplemental Credit from the IDA i.e. under the Improvement of the Mekong Transport Network component for the Construction of a New Bridge (Ganh Hao II Bridge), adjacent to the existing two-lane bridge.

2 Scope of Land Acquisition and Resettlement 2.1 Description of the Ganh Hao Bridge The roadway transport network in Ca Mau province is 2.177 km total length, with the average formation of 4m; including 100 Km of macadam penetration road and 291km asphalt road. The National highway No.1 along Ca Mau province is most important highway, with the length of approx. 70 km from the East Gateway of Ca Mau City to Nam Can district, from here there are a lot of inter-district road and connection road to districts, communes, towns in province. The National Highway No.63 from Ca Mau to Kien Giang is being improved and is an important road in the North of Ca Mau province The ratio of road length to area is 0.04km/km2 which are the lowest in Vietnam. While the national highways are being rehabilitated and paved, most of local road is unpaved and impassable in the rainy season. The principal mode of transport in Ca Mau is via waterways. The inland waterways including canals and rivers that are used for transport are 540 km in length. The waterways carry 69.8% of goods and 50% of passengers. The waterway is a cheap mode of transport but despite its advantage in general goods transport, its disadvantages in transport of passenger and some special commodities are apparent as the boats carrying such loads are normally very speedy and thus very dangerous. The waves generated from such speed boats cause serious erosion to river banks and once an accident occurs, there will be a big loss of people and much damage to the environment from its oil spills. It can be expected that when the rehabilitation of the NH1 from Can Tho to Nam Can is completed, the transport road networks of the region will be enormously improved especially to the poor Nam Can, Ngoc Hien, Tran Van Thoi, Dam Doi and Cai Nuoc district

2.2 Brief description of the existing Ganh Hao Bridge The existing Ganh Hao bridge was constructed, completed and open to traffic on November 1992, i.e. 14 years old. Ganh Hao Bridge was designed with specification as follows:

- Bridge width: Carrigeway 2 lanes width 9.0m

and sidewalk 2x1.5m

- Material: Prestressed Concrete, Reinforced Concrete

- Load capacity limit: 30T

- Span arrangement: 42m + 63m+ 42m

- Length: 600 metres including the bridge approaches

At the present, Ganh Hao bridge, approach roads are narrowed follow the existing width of bridge 12m this bridge is still a permanent two lane traffic two direction only. The North and the South road which approaches to the existing bridge has been widened to 4 lanes with total width of 24m as part of the rehabilitation works of National Highway No.1




Rehabilitation Project from the financial assistance from IDA for Mekong Transport and Flooding Protection Project (MTFP) which is under construction and to be completed by the end of December 2007 The location of the New Bridge (Ganh Hao II) is in Ca Mau City on National Highway No.1 passing the Ganh Hao River and is adjacent to the existing Ganh Hao Bridge. The new bridge will be constructed with the specifications as follows: - Bridge width: Carriageway 2 lanes width 9.0m and sidewalk 2x1.5m

- Bridge type: Pre-stressed Concrete and Reinforced Concrete

- Load capacity limit: 30T

- Span arrangement: compliant with exiting bridge and clearance navigation

- Length: 600 meters including the bridge approached road

- Approach roads: will be widened to 4 lanes (24m) with AC pavement

Existing road of the North Ganh Hao Bridge (4 lanes)

Existing appoach road of the Ganh Hao Bridge (2 lanes)




Ganh Hao Bridge

Existing road of the South Ganh Hao Bridge (4 lanes) 2.2 Land Acquisition Impacts 1. Because the average existing foundation width of the Ganh Hao Bridge is predominantly narrower than the proposed designs, the development of them anticipates a land acquisition and resettlement impacts for:

• Widening of the existing Bridge from two lane foundation to a four lane • Development of collection road • Establishment of roads’ Right of Way (ROW) safety areas, 1.5m on each side of

roads • Other temporary land acquisition during civil works.

2. During the subproject preparation, in close cooperation with respective PDOT, extensive consultations with local authorities were held by the consultant to discuss alternative options to minimize land acquisition and resettlement impacts. The mitigation measures taken include:

• Giving priority to selecting alignment to avoid relocation of people and to reduce

impacts on cultural properties and ethnic communities where feasible; • The method of realigning or widening the corridor toward one side to minimize

relocation impact was widely used for road and bridge.




3. Regardless of the mentioned measures, it is anticipated that the proposed road development will involve certain resettlement impacts. The land acquisition for rehabilitation and widening of the road has a linear character that mostly poses marginal impacts on local population and their communities. Based on the FS technical design, a Census and Inventory of Losses (IOL) for the Ganh Hao Bridge was conducted by the Asia Pacific Engineering Consultants (APECO) during the period of January 2007 to February 2007. According to the results of the Inventory, the project will:

• Permanently acquire about 4159.16 m2 of land, including:

o 4159.16 m2 of residential land o 0 m2 of garden/perennial crops land o 0 m2 of annual crop land o 0 m2 of special use land

• Affect 83 households (HHs), of which: o 39 HHs will be severely affected due to having to relocate o 20 HHs loss of more than 20% of their productive land o 24 HHs having to rebuild their main house on the remaining land.

• Marginally impact 5 cultural and public properties;

4. Tables 1 below provide summarized data on the scope of land acquisition and resettlement impacts to the local population and public properties, caused by the Ganh Hao Construction Bridge. . Table1: Scope of permanent land acquisition of the New Ganh Hao Bridge

District/Commune/Town Loss of residential land (m2)

Perennial crop or garden att. land (m2)

Annual crop land (m2)

Special use land (m2)

Total land loss (m2)

1 Award No7, Ca Mau City 1,918.4 0.00 0.00 0.00 1,918.4


Subtotal 4,159.16 0.00 0.00 0.00 4,159.16

Source: Result of Inventory of losses and socio-economic survey of affected people, conducted by the Asia Pacific Engineering Consultants (APECO) Studies during Januaryc. 07 –February. 07.

Table 2: Summarized scope of resettlement impacts on people caused by the New Ganh Hao Bridge

Number of DPs Of which, by level of impacts:

District/Commune/ Town

Total (HHs/Collective units)

Of Wh.: Collect. public units

Of wh.: Ethnic minority DPs (HHs)

Relocated (HHs)

Rebuild main house (HHs)

Relocated/impacted business (HHs)

Losing >20% HH’s holding (HHs)

Marginally affected (HHs)

1 Award No7, Ca Mau City 49 4 0 17 17 0 36 0


Total 87 4 0 39 39 0 71 0




Source: Result of Inventory of losses and socio-economic survey of affected people, conducted by the Asia Pacific Engineering Consultants (APECO) Studies during Januaryc. 07 – February. 07.

Table 3: Impacts on crops and trees caused by the the New Ganh Hao Bridge

Of which:

District/Commune/Town Total number of DPs (HHs)

No of DPs having crops/trees affected

Area of affected annual crops (m2)

Fruit trees (m2)

Wood/forest trees (trees)

Bonsai/decorative (trees)

1 Award No7, Ca Mau City 0 0 0 0 0 0


Subtotal 0 0 0 0 0 0 Source: The same as above.

5. This Resettlement Action Plan (RAP) has been prepared to guide implementation of project compensation activities and provision of rehabilitation assistance measures to DPs impacted by the projects components. Policies for compensation, relocation, and rehabilitation have been established based on these surveys, applying Vietnam's existing laws and regulations and the World Bank Operational Directives/Policies (as relevant): Operational Policy (OP) 4.12 on Involuntary Resettlement, Operational Directive (OD) 4.20 on Indigenous People and OP4.11 on Cultural Property. So far, there is no detailed technical information available to identify the scope of temporary land acquisition. A full and accurate scale of land acquisition and resettlement impacts of the subproject will be identified through an updated detailed measurement survey (DMS) during the implementation stage, when the detailed engineering design are completed, providing required technical information, and land marks, clearly indicating the project area, are staked on the ground. Results of the DMS will serve are the basis for updating this resettlement plan and will be the final legal basis for compensation, resettlement and rehabilitation of the Phase I subprojects’ DPs. 6. Following approval by WB and the Government, the updated RP will be implemented by local resettlement committees (RCs) under the guidance of the respective provincial people’s committees (PPCs) and PMU1 of the MOT. Careful coordination between all the agencies and departments will be necessary to successfully complete the different resettlement activities. The provisions and policies of this RP will form the legal basis for the implementation of resettlement activities for the New Ganh Hao Bridge

Table 4: Summarized permanent impacts on houses and/or other structures by the Ganh Hao Bridge

Houses, of which:

District/ commune

Tota

l n

umbe

r of

D

Ps

hav

ing

hou

se/s

truc

ture

aff

ecte

d (H

Hs)

Of

wh.

: N

o of

D

Ps

havi

ng

busi

ness

/pro

duct

ive

asse

ts a

ffec

ted

(HH

s)

Tota

l are

a a

ffec

ted

(m2)

Tem

pora

ry w

ith le

aves

roo

f

Tem

pora

ry w

ith t

ole/

Fibr

ocem

ent

roof

Sem

i-per

man

ent

hous

e, 2

20-b

rick

wal

l

Perm

anen

t ho

use

Kitc

hen

(m2)

Anim

al s

heds

(m

2)

Eave

s m

ade

of t

ole/

fibro

cem

ent

(m2)

Cour

tyar

d m

ade

of

bric

k/

or

cem

ente

d(m

2)

Bric

k m

ade

fenc

e (m

2)

Stee

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e (m

2)

Gra

ves

(uni

t)

Wel

ls (

unit)

Cem

ente

d br

idge

s (u

nit)




Houses, of which:

District/ commune

Tota

l n

um

ber

of

D

Ps

hav

ing

hou

se/s

tru

ctu

re a

ffec

ted

(HH

s)

Of

wh.

: N

o of

D

Ps

havi

ng

busi

ness

/pro

duct

ive

asse

ts a

ffec

ted

(HH

s)

Tota

l are

a a

ffec

ted

(m2)

Tem

pora

ry w

ith le

aves

roo

f

Tem

pora

ry w

ith t

ole/

Fibr

ocem

ent

roof

Sem

i-per

man

ent

hous

e, 2

20-b

rick

wal

l

Perm

anen

t ho

use

Kitc

hen

(m2)

Anim

al s

heds

(m

2)

Eave

s m

ade

of t

ole/

fibro

cem

ent

(m2)

Cour

tyar

d m

ade

of

bric

k/

or

cem

ente

d(m

2)

Bric

k m

ade

fenc

e (m

2)

Stee

l gat

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2)

Gra

ves

(uni

t)

Wel

ls (

unit)

Cem

ente

d br

idge

s (u

nit)

Award No7, Ca Mau City 45 0 3,290.79 0 489.8 2420.99 0 380 0 0 0 0 0 0 0 0

Award No8, Ca Mau City 38 0 2,478.41 0 2023.61 378.80 0 76 0 106.3 0 0 0 0 0 0

Total 83 0 6,399.20 0 2513.41 2799.79 0 456 0 106.3 0 0 0 0 0 0




3 Socioeconomic information 3.1 Sources of Information 7. Socioeconomic information of this RP has been taken from several sources: (i) results of IOL for 100% of affected households of the Ganh Hao Bridge, IMTN Project; (ii) results of socio-economic household survey of the DPs; (iii) results of formal and informal meetings and group discussions with local authorities and social groups in project impacted areas. The IOL, Census and Socio-Economic Surveys of DPs were conducted by the Institute of Environment and Sustainable Development Studies, while the consultation activities were held by the Consultant’s Resettlement Specialist in cooperation with the local PPMUs and local authorities. All of these activities were carried out in the period of January to February 2007. There were specific interviews with groups of severely affected people and of ethnic minority groups to collect data on: (i) specific resettlement needs of relocating/severely affected and vulnerable groups of DPs; (ii) resettlement concerns and preferences of affected families; and (iii) measures to minimize negative impacts. 3.2 Demographic Features of DPs 8. Other demographic features of the DPs of the Phase I, including ethnicity, age composition of the affected HHs and characteristics of their HHHs, including education and occupation of DPs’ HHHs, are presented in the Tables from 5 to 15 below. (More detailed are given in Annex B) Table 5: Demographic characteristics of DPs of the GH2 Bridge subproject

DPs populationSex ratio of the DPs’ popul. (%)

Ethnic composition of the DPs (%)


Total number of DPs responded (HHs)

Total (Pers.)

Aver. HH’s size (pers/HH)

Male (%)

Fem. (%)

Kinh (HHs)

% of Kinh

Khmer (HHs)

% of Khmer

Hoa (HHs)

% of Hoa

1. Award No7, Ca Mau City 45 215 4.8 52.3 47.7 45 100 0 0 0 0


TOTAL 83 423 5.2 50.7 49.3 83 100 0 0 0 0 Source: The same as above

Table 6: Demographic characteristics of DPs of the GH2 Bridge subproject

Distribution of the DPs (responded) by HHs size (% to the total DPs number)

DPs population under 18 years old

DPs working labors


Total number of DPs (HHs) Total

(HHs) ≤ 4pers/HH

5≤ & < 8 pers./HH

>8 pers./ HH

Aver numb per HH (pers/HH)

% to the tot. DPs population (%)

Aver. HH’s labor (labor//HH)

% of working to total HH popl.

1. Award No7, Ca Mau City 45 45 44.4 55.6 0 1.24 26.0 3.07 64.2

2. Award No8, Ca Mau City 38 38 47.4 39.5 13.1 1.57 21.2 3.71 67.7

TOTAL 83 83 45.9 47.6 6.5 1.41 23.6 3.39 65.9

Source: The same as above




Table 7: Demographic structure of HHs surveyed population, GH2 Bridge

Sex ratio Age composition of the surveyed population (%)


Total population responded (pers)

Male (%)

Fem. (%)

Aver. age of surveyed pop. (years)

Pop. < 7 years old

Pop. from 7 to 17

Pop from 18 to 35

Pop. from 36 to 55

Pop over 55 years old

1. Award No7, Ca Mau City 45 52.3 47.7 32.5 4.65 21.4 36.74 27.44 10.70


TOTAL 83 50.6 49.4 32.2 4.97 18.6 40.73 25.3 10.88


3.3 Education 9. Vietnam is recognized as one of the most successful among the developing countries in term of its achievements in compulsory education in the context of its low per capita income status. The Government has made great efforts to provide education for all. During the economic “renovation” period, the access to education throughout the country, including in the Mekong Delta, has been radically improved. The primary compulsory education has been achieved throughout the country, and today the basic secondary education has also become compulsory in most of the provinces of Vietnam. In this context, the Mekong Delta is not an exception, where nowadays, the illiteracy is mainly found among the aged population. Regardless of the great progress, the Mekong Delta still remains to be the region, whose overall education level is among the lowest compared to the other regions of the country. 10. According to the results of the Census of the DPs and their sample HHs’ socioeconomic survey, conducted by the IESD, the average schooling of the DPs’ HHHs is 6.1 years, and it is 6.7 years among the HHs’ surveyed population, with a slight variation between the affected communes and districts. The results of the survey indicate a certain relationship between education level and the average age, and location of the affected population: the younger the DPs are and/or the closer to urban centers/urbanized areas or to main road arteries the DPs are located, the higher their education levels are. 11. The distribution of affected population surveyed and DPs’ HHHs by level of their education is shown in Table 7. The education of the surveyed population confirms the fact about the improved education status among the younger generation. (See Tables 8 and 9, and more details in Annex B).




Table 8: Some demographic characteristics of DPs household’s heads, GH2 Bridge Sex of the DPs’ HHH Education of DPs’ households heads


Total number of HHHs responded (HHHs)

Male headed (%)

Fem.headed (%)

Average schooling years (school years/pers)

Illiterate HHH (%)

HHH having primary or lower education (%)

HHH having basic second.education (%)

HHH having second.education (%).

High school educ (%).

1. Award No7, Ca Mau City 45 60.0 40.0 6,5 0,0 0,0 24.0 0.0 76.0 2. Award No8, Ca Mau City 38 50.0 50.0 6,5 0,0 0,0 29,0 0.0 71,0 TOTAL 83 55.0 45.0 6.5 0.0 0.0 26.5 0.0 73.5 Source: The same as above

Table 9: Education of the HH surveyed population, GH2 Bridge subproject

Education composition of the surveyed population by (%)


Total surveyed population (pers)

Averag schooling years (school years/pers)

Pop having primary or lower education (%)

Pop having basic second education (%)

Pop having second.education (%).


1. Award No7, Ca Mau City 215 6.5 0,0 18,0 0.0 82,0 2. Award No8, Ca Mau City 208 6.5 0,0 19,0 0,0 81.0 TOTAL 423 6.5 0.0 18.5 0.0 81.5 Source: The same as above

3.4 Land Tenure 12. Almost all the affected DPs have legal or legalizable right to their affected land. Among the affected DPs, there are only few cases of temporary land use right or that the DPs use land rented on private basis. The MTFPP generally poses a linear impacts on land with an exception for the case where the bypass or new road section are anticipated. That is why it can hardly cause severe impacts on the local. 13. The results of socioeconomic survey and public consultations with affected people and other stakeholder groups confirm these conclusions. 3.5 Income Sources and Incomes 14. The commercial service value has amounted to 4.748 billions dong for last 7 years, increasing 17.53% on annual average. Compared with the year 1998, now there are 7.150 establishments, increasing 2.875 establishments, the annual average growth speed is 7.62%. The kinds of transport, financial, bank, postal services… are expanded, with the attendance of the economic components to sever better the production requirements and life of the people. 15. The structure of income sources of the DPs’ HHHs as well as of the sample surveyed population of the GH2 Bridge reflect the general regional employment picture with services production being predominant over all the other economic activities: on average, more than 49.5 % of the total affected HHHs and 38.5% of the surveyed HHs’ labors are engaged in service sector. Commercial activities are the second main sources of income of the affected population, involving 20.5% of the DPs’ HHHs and 16.5% of the HHs’ active laborers surveyed. The state




employment is the third important source of income, where 17.5% of the HHHs and 15.0% of the HHs’ surveyed population are engaged in. The figures in the Tables 10 and 11 below and Annex B provide the data on occupation structure of the affected population. Table 10: Age and occupation of the DPs household’s heads, GH2 Bridge subproject

Age composition of the DPs’ HHHs Occupation of DPs HHH (% to total)


Average age of DPs’ HHH (years)

Aged under 35

Aged from 35 to 55

Aged above 55

Agricultural Trade

State employeees

Construct., handicraft...

Services Others

1. Award No7, Ca Mau City 35.72 61.86 27.44 10.70 0,0 18 17 13 52 0,0 2. Award No8, Ca Mau City 34.67 65,86 23.08 11.06 0,0 23 18 12 47 0,0 TOTAL 35.19 63.86 46.5 26.64 0,0 20.5 17.5 12.5 49.5 0,0

Table 11: Occupation of the sample HHs’ surveyed population, GH2 Bridge subproject

Occupation of HHs’ surveyed population (% to total surveyed)


Total responded population (pers)

State personell

Farming

Hired agricult labor

Trade Services

Workers, hadicraft

Pupils, students

Housemaids, old and disable

1. Award No7, Ca Mau City 38 14 0 0 16 40 10 16 4 2. Award No8, Ca Mau City 45 16 0 0 17 37 11 16 3 TOTAL 83 15 0 0 16.5 38.5 10.5 16 3.5

16. The figures on average monthly per capita income of the surveyed population are given in Table 12 below by administrative unit. Based on the new poverty standards, it can be said that the poverty rate among the affected population is very small. Aver per capita month income is 590,000 VND, about 1.31 times higher than the country’s poverty line. The majority of the HHs surveyed (67.4%) fall within the average income group with per capita monthly income varying between 200,000 VND and 500,000 VND. (See Table 12, and more details are in Annex B). Table 12: Distribution of the surveyed HHs per capita monthly income, the GH2 Bridge subproject (1000VND/pers/month)

<200 200<&<500 >500

ROAD/Distr.

Aver per capita month income (1000VND)

Numb. of surveyed HHs (HHs)

Numb. of surveyed popul (pers.)

(HHs) (%) (HHs) (%) (HHs) (%)

1. Award No7, Ca Mau City 600 35 159 0 0 0 0 35 100 2. Award No8, Ca Mau City 580 25 109 0 0 0 0 25 100 TOTAL 590 60 268 0 0 0 0 60 100 Source: Same as above




3.6 Living Conditions and Possessions of Assets 17. 100% of the affected HHs surveyed has access to electricity city. All of them used safe water from local water factory (See Table 13, and see Annex B for further details). All affected wards have basic social infrastructure, including primary school, post office and health care centers. They also have their own market. 18. The majority of the affected population has access to common telecommunication systems, 100% of the HHs possessing TV, while the telephone ownership rate is equal to 15 phones per 100 persons. Table 14 provides the data on household assets for the surveyed HHs. It again indicates fair living standards among the affected population in general. (See Annex B for more details.) Table 13: Living conditions of HH’s assets by the surveyed population, GH2 Bridge Unit: %

Source of drinking water Types of toilet Types of firewood

ROAD/Distr. Tap Well River,

canal

Flushe septic

Latrines

Water surface

Firewood Cool Electr gas

1. Award No7, Ca Mau City 100,0 0,0 0,0 100,0 0,0 0,0 0,0 0,0 0,0 100,0


TOTAL 100 0,0 0,0 100 0,0 0,0 0,0 0,0 0,0 100

Source: Same as above.

Table 14: Possession of HH’s assets by the surveyed population, GH2 Bridge subproject

Possession of HH’s assets (unit)

ROAD/Distr.

Number of surveyed HHs (HHs)

Surveyed population (pers.)

Aver per capita month income (1000VND) Bi

cycl

es

Mot

orbi

kes

TV

Tele

phon

e

Vide

o

Com

pute

r

Elec

tr

rice

cook

er

1. Award No7, Ca Mau City 45 215 600 38 65 44 38 44 26 44


TOTAL 83 423 590 56 109 84 65 81 36 80 Source: Same as above.

4 Legal Framework and Entitlement Policy 19. As mentioned above, this RP has been prepared based on the results of: (i) Inventory of losses caused by the project, conducted by the Institute of Environment and Sustainable Development Studies in December 2005 and January 2006; (ii) Field observation of all subprojects’ physical works that anticipate land acquisition and resettlement impacts; (iii) Stakeholders consultations, including consultation with local authorities at different levels




(provincial/city’s, district’s and wards/communes); (iv) Interviews with displaced and non-displaced people; and (v) Group discussion and consultation with communities and DPs in the project areas. 4.1 Vietnam’s Laws, Decrees, and Circulars 20. The following laws of the Socialist Republic of Vietnam are applied:

• The Constitution of the Socialist Republic of Vietnam, 15 April 1992; • Decree No. 95/2005/ND-CP, 15 July 2005, regulation on property ownership and the

right to use urban residential land; • Decree 08/2005/ND-CP, 24 January 2005 regulation on Urban Planning Management • Decree No. 64/CP, 27 September 1993, regulation on allocating agricultural land to

households for long-term use; • Decree 17/CP, 4 May 2001, regulation on Management and Utilization of ODA. • New Land Law 2003 approved by National Assembly on the 26, November, 2003, came

into effect on the 1st of July, 2004, replacing the Land Law 1993 • Decree No181/2004/ND-CP, 29 October 2004, relating to the implementing the Land

Law. • Decree No182/2004/ND-CP, 29 October 2004, on penalty for administrative violation in

the land user-rights.. • Decree No188/2004/ND-CP, 16 November 2004, specifying methods for land pricing

and issuance of land price framework for land categories; • Circular No114/2004/TT-BTC by MOF providing guidelines for implementation of the

Decree 188/2004/CP. • Decree No197/2004/ND-CP, 03 December 2004, on compensation, assistance and

resettlement when land is recovered by the State (replacing Decree No. 22/CP). And issued guidelines in Circulation No116/2004/TT-BTC by MOF.

• Decree No198/2004/ND-CP, 03 December 2004, on collection of land tax. And issued guidelines in Circulation No117/2004/TT-BTC by MOF.

• Decree 17/ND-CP, 27 January 2006, on amendment of some provisions of some Decree guiding implementation of the Land Law and the Decree 187/2004/ ND-CP on shifting the state companies into stock ones

• Decision No 919/2005/QD-UB dated on the 30th, March, 2005, issued by the Ben Tre PPC on Compensation, assistance and resettlement when the Government acquire the land in Ben Tre province.

• Decision No 2915/2003/QD-UB dated on the 20st, Oct.,05, issued by the Ben Tre PPC on standardized unified construction prices of houses and structures, in Ben Tre province.

• Decision No 11/2005/QĐ-UB dated on the 30th, Dec.,03, issued by the Ben Tre PPC on land prices in Ben Tre province.

• Decision No 47/2004/QĐ-UB dated on the 11th, June.,04, issued by the Tra Vinh PPC on prices of crops and trees served for evaluation of compensation value in land acquisition process within Tra Vinh province.

• Decision No 74/2004/QD-UB dated on the 25th, Oct.,05, issued by the Tra Vinh PPC on standardized unified construction prices of houses and structures, in Tra Vinh province.

• Decision No 25/2005/QĐ-UB dated on the 16th, May, 05, issued by the Tra Vinh PPC on land prices in Tra Vinh province.

• Decision No 49/2005/QĐ-UB dated on the 05th, Sep.,05, issued by the Tra Vinh PPC on amended land prices in Tra Vinh province.




• Decision No 11/2005/QĐ-UB dated on the 14th, Feb.,05, issued by the Soc Trang PPC on land prices in Soc Trang province.

• Decision No 56/2005/QĐ-UB dated on the 21st, Dec.,05, issued by the Ca Mau PPC on land prices in Ca Mau province.

21. Relevant transport sector specific issuances include:

• Decree 186/2004/CP, 17 Nov 2004, regulations for management and protection of transport structures for road transport.

• Circulars 13/2005/TT-BDTVT, 7 Nov, 2005, on guidelines for implementation of the Decree 186/2004/CP

• Decree 171/CP, December 1999, detailed regulations for implementation of Law of protection for transport structures for waterway transport.

• Decision 3037/QD-BGTVT, October 2003, on procedure for compensation in site clearing for construction of transport projects and procedure for project investors’ preparation of detailed plan for site clearing.

4.2 World Bank Policies 22. The World Bank experience indicates that involuntary resettlement under development projects, if un-mitigated, often gives rise to severe economic, social, and environmental risks. Thus the World Bank policy regulated by OP 4.12 includes safeguards to address and mitigate these impoverishment risks. 23. The basic guiding principle of the World Bank resettlement policy is that:

• Involuntary resettlement should be avoided, where feasible, or minimized, exploring all viable alternatives in project design;

• Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the person displaced by the project to share benefit. Displaced persons should be meaningfully consulted and participate in planning and implementing resettlement programs.

• Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

24. The OD 4.20 on Indigenous Peoples, requiring all projects that are affecting indigenous peoples to engage these people in a process of free, prior, and informed consultation; and to prepare an Ethnic Minority Development Plan (EMDP) that will ensure these people to receive social and economic benefits that are culturally appropriate and gender- and “inter-generationally” inclusive. 25. The OP 4.11 on Cultural Property, ensuring preservation and seeking to avoid the elimination, of sites having archaeological, paleontological, historical, religious and unique natural values. The Bank declines to assist those projects that will bring damage to cultural property.




4.3 Government, World Bank, and MTFPP 26. In general, the Land Law 2003, Decree 197/CP and amended Decree 17/2006/CP satisfy the most principles and objectives of the World Bank’s Policy on Involuntary Resettlement. However, in practice of project’s implementation, there still remain differences, which should be overcome. 27. To ensure faire compensations, adequate relocation, and rehabilitation of the DPs caused by land acquisition and loss of house land/assets due to the project development, the Government of Vietnam will approve the Resettlement Policy Framework (RPF) for the project. Table15 summarizes the differences between the Government of Vietnam, MTFPP and the WB, both either in the legislation or practice of their implementation, and proposes a resettlement policy to be applied for the project.




Table 15: Differences between Vietnamese legislation, the World Bank and a proposed Resettlement Policy for the Ganh Hao II Bridge World Bank Policy Decree 197/2004/CP Project Policy DP who are not entitled to compensation under domestic law will be assisted to restore living standards as before the project

Article 6: If persons who have land recovered by the State meet all conditions prescribed in Article 8 of the Decree, they shall receive compensation; if they fail to meet all conditions for compensation, the People's Committees of the provinces or central level’s cities shall consider to provide supports. (Note: There no guarantee that the affected persons who being not met conditions for compensation would receive assistance measures)

All project displaced persons will be entitled to compensation or assistance for their lost assets, incomes, and businesses and provided with rehabilitation measures sufficient to assist them to improve or at least restore their pre-project living standards, income levels and productive capacity.

Land compensation price should be replacement one

Article 9: The compensation rates for land shall be determined by the PPC in accordance with the Government regulations1 for the type of land which has been used for at the time of land acquisition. (Note: In practice, many PPC issued land prices lower than the market prices)

Replacement cost surveys have to be carried out to ensure that project compensation rates for all categories of loss will be equivalent to replacement cost to be updated at the time of resettlement implementation.

All affected houses and structures, irrespective of land tenure status, should be compensated at the full replacement cost

Article 18,19, 20: - Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way will be assisted at 80% of replacement cost - Houses and structures on non-eligible-for-compensation land, which have violated announced land use plans or the right of way will not be assisted. In special cases, the PPC will consider to assist on the case by-case basis.

-Compensation at 100% of replacement cost for all affected structure built before the Cut-off date and at moment of their construction, no violation of announced land use planning. No depreciation and no deduction of salvage materials should be made. - Compensation at 80% of replacement cost for the affected structures built before 15th Oct. 1993 on non-legalizable land which at the moment of their construction didn’t violated land use planned schemes announced by authorities, existed before the cut off-date. - Compensation at 60% of replacement cost will be paid for the affected structures built on non-legalizable land from the 15th Oct. 1993 to the cut-off date, which at the moment of their construction violated land use planned schemes announced by authorities.

All affected businesses are eligible for assistance

Articles 26, 28: only registered businesses are eligible for assistance

All affected businesses are eligible for assistance

Severely affected DP, including DP losing more than 20% of productive land, will be entitled to rehabilitation assistance

Article 28,29: DP losing more than 30% of productive land will be entitled to living stabilization and training/job creation assistance

Severely affected DP, including DP losing more than 20% of productive land, will be entitled to rehabilitation assistance

It needs an independent monitoring of resettlement implementation

The Decree 197 does not require this It requires an independent monitoring of resettlement implementation

1 The item 4, Article 56, of Land Law 2003 stipulates “The land prices prescribed by the provincial/municipal People’s Committees shall be publicized on January 1 every year and used as basis for...; compensations upon land recovery by the State; ...” (Land Law 2003). Besides, the item 1, Article 4 of Decree 7/2006/CP states “...in case if at the time of issuance of Decision on the land acquisition, the price (of land) is not reflecting the actual land transfer price in normal market conditions, then the Provincial/City of Central level will decide on concrete price of land appropriately”




5 Compensation Policy 5.1 Objectives of Resettlement 28. The objectives of the Vietnamese legislation governing resettlement and rehabilitation of displaced persons (DPs) and those of the World Bank concerning involuntary resettlement have been adapted for the preparation of this Resettlement Plan (RP) for the GH2 Bridge subproject. The objectives are set out below. An entitlement matrix is shown in Annex A. The policies and principles adopted for the Project supersede the provisions of relevant decrees currently in force in Vietnam wherever a gap exists between the World Bank policy (OP 4.12) and Vietnamese law. 29. The main objective of the RP is to ensure that all DPs caused by the Phase I subprojects will be compensated or assisted for their losses and will be provided with rehabilitation measures to improve, or at least to maintain, their pre-project living standards and income earning capacity. 5.2 Displaced People (DP) 30. Displaced People (DP) are those who, at the subprojects’ Cut-off Date, are affected by: (i) the involuntary taking of land resulting in:

a) relocation or loss of shelter; b) lost of assets or access to assets; c) loss of income sources or means of livelihood, whether or not the affected

persons must move to another location; or

ii) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

5.3 Principles of Resettlement 31. The principle for resettlement policy in the project will be as follows:

a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.

b) All DPs residing, working, doing business or cultivating land within the recovered area under the Project as of the cut-of-date are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-Project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost will not bar the DPs from entitlement to such rehabilitation measures.

c) The rehabilitation measures to be provided are: (i) compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) priority given for compensation mode of agricultural land-for-land of equal productive capacity acceptable to the DP; (iii) priority given for compensation mode of replacement of premise land (if any) of equal size acceptable to the DP; (iv) transportation and subsistence allowances; and (v) business/income rehabilitation allowances.




d) Replacement premise and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DP. In case if no land is available for compensation, “land for land”, or it is the choice of DPs, then a cash compensation may be applied. If the DPs lose more than 20% of their agricultural holding, then besides compensation for lost land, the project will provide rehabilitation/assistance measures.

e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs no later than one month prior to the expected start-up date of works in the respective Project site.

f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs to ensure minimal disturbance. Entitlements will be provided to DPs no later than one month prior to expected start-up of works at the respective project site.

g) The previous level of community services and resources will be maintained or improved.

h) Adequate budgetary support will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period. Physical resources for resettlement and rehabilitation will be made available as when required.

i) The contractors should only start their civil works in those project’s sections where the compensation payment and rehabilitation assistances are provided in accordance with the project’s resettlement policy.

j) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of the Resettlement Plan (RP).

k) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Evaluation of the land acquisition process and the final outcome will be conducted independent of the executing agency.

5.4 Compensation Policy for Loss of Agricultural Land 32. The results of the preliminary census of Losses of the Phase I Subprojects show that there are not DPs losing agricultural land. There is no case of DPs who have temporary or leased right or without recognized land use rights. (See Annex B) 33. According to the results of survey and consultations with the concerned local authorities at all levels, no land is available for compensation, “land for land”, thus, compensation only in cash would be applied. The compensation and rehabilitation measures provided to the DPs losing agricultural land with legal or legalizable use rights include the following: Legal and legalizable land users: (i) The marginally affected HHs (1,535 DPs), who are losing ≤20% of the total area of the landholding and the remaining area is sufficient for effective farming:

• Cash compensation for the lost area, at full replacement cost, may be provided to the DP, • If the remaining area of the partially affected plot is not suitable for economic use, at the

request of the DPs, the project will recover and compensate for the whole plot. In such case, the DPs may fall into the category of severely impacted DPs.




(ii) The severely affected farmers (49 DPs), losing > 20% of a household’s allocated agricultural land, or losing less than 20% of the holding, but all the remaining area is not economically viable:

• Cash compensation at full (100%) replacement cost for the lost area (or for the entire affected plot if the remaining area of the plot is not economically viable),

• Rehabilitation assistances including: A subsistence assistance equivalent to the market value of 30 kg of

rice/person/month for 3 months if the DPs do not have to relocate to new place, and for 6 months if DPs have to be relocated;

A job creation or training assistance: o Provision of a plot, with collection of Land use right fee, at a location convenient

for running non-farm production/activities or services, OR o If there no land available for such, then a training assistance on shifting to new

occupations for the labor-aged members of the DPs. The training assistance will be provided through the following: (a) The project will pay training fees to the training institutions directly, at maximum not exceeding 1,500,000 VND/labor. Besides, each trainee will be given a subsistence allowance of 350,000 VND/month/person. The duration receiving training subsistence allowance depends on the type of training course but does not exceed 6 months. Such assistance aims to partially compensate the loss of income and other related expenses during the training course; OR (b) training assistance in cash, but the project will cooperate with relevant local organizations to improve technical services for agricultural development to all severely affected agricultural DPs to assist them in improving productivity on their remaining land; OR, (c) training assistance in cash, but in combination with credit or other technical assistance on business/financial management, investment... The forms of assistance should be consulted closely with the entitled DPs to ensure that the DPs will be provided with appropriate and effective assisting measures to restore their income, generating capacity and income levels.

34. According to the results of the premilinary Inventory of Losses, No having agricultural land affected, there are not cases that the DPs are using land borrowed from other legal land users and/or cases where the DPs have disputes on their land use rights. The land disputes will be resolved through civil laws. 35. Where the land is rent through civil contracts between individuals, households or organizations, then the compensation for land will be paid to the persons who have recognized land use rights, while compensation for crops, trees or aquaculture products attached to the affected land will be paid to the affected land cultivators. 36. Where affected persons utilize a public land (which is in the Right of Way or in protection areas of hydraulic works and is subjected to land acquisition under the project) with conditions to return the land to the Government on request, the DPs will not be compensated for this public land, but will be compensated for crops and trees at full market prices. 5.5 Compensation Policy for Residential Land 37. According to the results of the Premilinary Census and IOL, there are 83 HHs having their residential land affected by the Subproject. Of them, 39 HHs have to be relocated to a new site, and 44 HHs have to rebuild their main house on the remaining land beyond the project area. (See Annex B). All of them have legal or legalizable land user rights. Compensation policy is as follows:




DPs losing residential land without structures: 38. There are 423 DPs losing residential land without structures built thereon. No cases of illegal users of residential land are found within the Subproject. The DPs are entitled to the followings:

Compensation for loss of land in cash at 100% replacement cost to legal and legalizable land users,

DPs losing residential land with structures built thereon and the remaining land is sufficient to rebuild on (reorganizing DP):

39. According to the results of the premilinary census survey and IOL, there are 423 DPs losing residential land with house or structures built thereon and the remaining land is sufficient for rebuilding house. Among them, 225 DPs have to rebuild main house on their remaining land. There is no case of temporary/leased land use rights or illegal land users affected. The DPs are entitled to the followings:

a) Compensation for loss of land in cash at 100% replacement cost to the legal and legalizable land users;

b) If DPs have to rebuild their main house, the project will provide cash subsistence allowance of the value of 30kg of rice/person/months for the duration of 3 months.

DPs losing residential land with structures built thereon and without remaining land sufficient to rebuild on (relocating DP) 40. The minimal remaining size determining the relocation entitlement of DPs is no less than 40 m2 for an urban area and 100 m2 for a rural area. 41. There are 39 DPs that will lose residential land with structures built thereon and have to be relocated to a new site. All of them have legal long-term land use rights. There is no case of relocated DPs that are using the land borrow or state house or house of organizations (they are not apartments in multi-stored houses) that are built on separate land to be acquired. 42. The relocating DPs are entitled to the followings:

(1) Compensation for land: (a) Cash compensation for lost residential land at full replacement cost to the DPs, who have

legal or legalizable rights to the affected land; (b) Compensation in cash for the remaining investment placed on the land to the investor

whether it be a legal land user or a land borrower, where cash compensation for acquired area is to the legal land users. The residential land use negotiation relationship between parties will be resolved on the civil basis.

(c) In case if a relocated DP that uses borrowed land is poor and vulnerable (by the Government-regulated standards and/or being receiving regular social assistance), and have no alternative site for relocation, the project will provide assistance not less than 10,000,000 VND/HH for self-relocation.

(2) Rehabilitation allowances:




• Transportation allowance from 1,000,000 to 3,000,000 VND per HH, if DPs relocate to a new site within the city/province, to 5,000,000 VND per HH if they relocate into another province;

• Subsistence allowance equivalent to the market value of 30 kg of rice/person/month for 3 months if DPs have to rebuild house on their remaining land and for 6 months if DPs have to relocate to new sites;

• House renting assistance if the project can not provide location to the relocating DPs prior to the land acquisition, then the DPs will be given a house renting allowance at the level regulated by local PPC/City’sPC for the following duration: (i) from the moment handing the acquired land to the moment receiving a new plot in a resettlement site (RS) plus 6 months of house construction, if DPs are allocated new land; (ii) from the moment handing land to the moment receiving new apartment, if DPs are entitled to rent or buy apartment in multi-stored living building; or (iii) for 6 months if the DPs opt to relocate by themselves.

• Where the project arranges to temporarily provide the DPs with lodgment, then this house renting entitlement will not be applied.

5.6 Compensation Policy for Loss of Houses/Structures Loss of Houses and other Structures: 43. According to the results of the IOL, there are 423 DPs losing private houses and/or other structures. All the house and structures are legal. No case of tenant DPs or DPs owning illegal use/structures affected were identified. (See Annex B). The DPs will be entitled to the following:

(i) Compensation in cash for all affected structures will be provided at 100% of the replacement cost for materials and labor. The amount will be sufficient to rebuild a structure the same as the former one at current market prices.

(ii) If house/structure is partially affected, the project will provide a house/structure repairing cost, in addition, to DPs to restore it to former or better conditions.

(iii) Compensation and assistance will be provided in the form of cash. No deductions will be made for depreciation or salvageable materials.

(iv) The calculation of rates will be based on the actual affected area and not the useable area.

Loss of Graves:

44. There are only 3 graves affected by the project. The compensation in cash for removal of the grave will cover all costs of excavation, relocation, reburial, purchasing/obtaining land for relocation and other related costs. Compensation in cash will be paid to each affected family. 45. Other attached structures, which are not of main part of graves, will be compensated in accordance with their loss. 5.7 Compensation for loss of Standing Crops and Trees 46. According to the results of IOL and the premilinary census of DPs, the project envisages posing not impacts on and standing crops, trees. 47. For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to households who cultivate the land, according to the full market




value of the affected crops and/or at replacement cost for affected perennial trees. Regarding the removable affected trees, the compensation will be equal to the transportation cost plus actual loss. 5.8 Compensation Policy for Loss of Income and/or Business/Productive Assets 48. The results of the premilinary census and the IOL of the Phase I subprojects indicate that there are not DPs who have business/productive assets and income affected. (See Annex B). For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be:

(1) Cash compensation for the loss of income during the transition period for registered and affected business, equivalent to 30% of the annual net income average for the last 3 years, recognized by a tax-collecting agency. (This amount is equivalent to 100% of monthly net income for 3.6 months).

(2) A cash assistance amount of from 500,000 VND to 1,000,000 VND per business HH for the loss of income to the DPs having affected business who are without business/production registration.

(3) Regarding the relocating DPs, besides the compensation for loss of business land, assets and loss of income, a priority to provide an alternative business site of the equal size and accessible to customers, or compensation in cash for the business affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If no land is available, then the business/non-farm producer DPs will be entitled to training assistance equal to 1,500,000 VND per labor-aged member of the DPs.

5.9 Temporary Impact During Construction 49. At present, there is not sufficient technical information to identify temporary impacts on land and properties. During the subproject implementation, the updated detailed measurement survey (DMS) will cover all impacts, including those that are temporary. The DPs who will be temporarily impacted by the Subproject, will be entitled to the following: For arable land that will be temporarily affected:

(i) Compensation for one harvest of crops/trees at full market prices (ii) Compensation for loss of net income from subsequent crops that cannot be

planted for the duration of project temporary use, AND (iii) Restoration of land to its previous or better quality by providing measures to

improve land quality in cases of land being adversely affected or acidified, AND (iv) If the duration of project's use of the land exceeds more than two years, then the

DPs have an option to: 1) Continue using land; OR 2) Give it to the Project and be compensated as permanent loss.

For temporary loss of residential land: (i) Compensation for all affected movable properties at full replacement cost. (ii) Restoration of land to its previous or better quality. For temporary impact on business:




(i) Compensation for temporary loss of income, equivalent of an average monthly net income at least for three months.

(ii) Compensation for all affected movable properties at full replacement cost. (ii) Restoration of land to its previous or better quality. For damages caused by contractors to private or public structures: 50. Damaged property will be restored, by contractors immediately after completion of civil works, to its former condition. 51. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to immediately pay compensation to affected families, groups, communities, or government agencies at the same compensation rates that shall be applied to all other assets affected by the Project. In addition, damaged property will be restored immediately to its former condition. 5.10 Compensation for Loss of Community Assets 52. There are 4 cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is small damaged, Contractors and the PMU1 and/or the respective PPMU/s will ensure that these would be restored or repaired as the case may be, at no cost to the community. The compensation will be provided at replacement cost without depreciation but including deduction of salvaged materials. 5.11 Social Assistance and Incentive Bonus 53. Social assistance: The relocated DPs, who are currently receiving social assistance, besides the common entitlements, are provided with additional social assistance in accordance with local regulations. 54. Incentive Bonus: The DPs, who voluntarily hand the affected land to the project in accordance with the time regulated and announced by the project, will be entitled to a bonus of 5% of the total compensation amount but not exceeding 5,000,000 VND/land user/house owner in accordance with local regulations. 6 Relocation Issue 55. As mentioned above, the Phase I subprojects may cause 39 HHs to be relocated to a new site for road development. However, the results of the household interviews, group discussions and consultations with the displaced persons revealed that none of the DPs, who have to be relocated, would opt for moving to a common or an individual resettlement site. On the contrary, all of them wished to be compensated in cash to arrange relocation by themselves. Thus, it is anticipated that there will be no need for development of resettlement site. 7 Institutional Arrangements 56. The implementation of resettlement activities of the Phase I Road subprojects requires the involvement of agencies at the national, provincial, district and commune level. The Ministry of Transport (MOT) will be responsible for the overall implementation of the MTFPP’s RPF and its RPs. Resettlement committees (RCs) shall be established at the subprojects’ districts in




accordance with regulations of the Decree 197/2004/CP. The provisions and policies of the RPF and this RP will form the legal basis for the implementation of resettlement activities in the Phase I subprojects. 57. The following is a general overview of key resettlement responsibilities at/for each level/unit involved in the Project implementation with respect to land acquisition and resettlement. 7.1 Central level 7.1.1 Ministry of Transport (MOT) 58. The MOT, on behalf of the Government, has overall responsiblities for realization of the MTFPP and the RPF of the project. 59. A Project Steering Unit (PSU) will be set up at the ministerial level, chaired by a senior official (vice minister) of the MOT and consisting of representatives of the Ministry of Planning and Investment (MPI), Ministy of Finance (MOF), the State Bank of Vietnam (SBV) and MOT, including representatives of the PMU1 and PMU-W. It is responsible for: (i) overall supervision and coordination for the project implementation between the Implementing Agencies and related Ministries; (ii) Monitoring the Project progress; (iii) Review of the technical and financial audit reports, social and environmental monitoring reports, the project evaluation and monitoring reports, and (iv) ensuring the project related policy and institutional reforms are achieved. 7.1.2 Project Management Unit 1 (PMU1) 60. The PMU1 has direct responsibility and day-to-day management oversight for implementing all aspects pertained to the National Highway works, including planning, programming, budgeting and ensuring overall project’s coordination and supervision of resettlement activities design, implementation, monitoring, evaluation and coordination/liaison with the World Bank. Respective PPMUs/PDOTs will be responsible for day-to-day management of the respective provinces’ provincial road projects. The responsibilities of the PMU1 towards the project’s resettlement issues include the follows, but are not limited to:

(i) Guide resettlement implementing agencies at different levels in updating DMS based on detailed technical designs to identify exact number of DPs and their impacts levels, serving as a legal basis for compensation payment.

(ii) Guide resettlement implementing bodies to execute resettlement activities in accordance with provisions of the Resettlement Policy Framework (RPF) and the RP of the Subproject; and if any mistakes or shortcomings are identified through internal and/or external monitoring of the RP’s implementation, ensure that the correction measures are adopted and objectives of the RP are met.

(iii) Guide the local resettlement agencies on procedures of preparation and submission for approval of documents related to compensation and resettlement.

(iv) Provide overall supervision of the progress of project’s compensation and resettlement programs implementation and supervising the coordination between civil works in each national road sections with respective resettlement activities.

(v) Provide necessary resettlement training to implementing agencies at all levels. (vi) Establish standard procedures for information meetings and stakeholder

consultation with DPs. Implement Project resettlement information campaign, including the delivery of public resettlement information documents and




conducting consultation with DPs in accordance with the project established guidelines.

(vii) Provide coordination between various agencies involved in the RP’s implementation and monitoring the RP implementation. Establish liaison mechanisms to ensure proper technical and logistical support to implementing agencies.

(viii) Review and advise the subproject’s PPCs to make adjustment, if necessary, on compensation rates for land and house/structures in accordance with the provisions of this RP and the MTFPP’s PRF.

(ix) Channeling budget for the Subproject’s resettlement implementation for national highway.

(x) Establish procedures for coordination between contractors and local communities and prompt evaluation and compensation for community assets impacted during civil works.

(xi) Establish procedures for prompt implementation of correction measure and actions in response to DPs’ grievances.

(xii) Coordinate supplying the project-related employment to DPs (consult with contractors on employment opportunities for local population, inform them about such opportunities and advice them how to utilize the chance).

(xiii) Establish procedures for ongoing internal monitoring and prepare project progress reports and ensuring compliance with project resettlement policy provisions.

(xiv) Manage a standardized DPs database, serving practical resettlement implementation needs.

(xv) Recruit and supervise the external independent organization for resettlement monitoring of the national road component, if delegated.

(xvi) Implement accounting of resettlement implementation for the subproject. (xvii) Prepare project progress reports on land acquisition and resettlement for

submitting to the MOT and WB. 7.2 Local level 7.2.1 Provincial People’s Committee (PPC) 61. The subprojects’ PPCs are the body responsible for overall direction of compensation and resettlement implementation in accordance with the principles and policy of the approved Resettlement Plan, within its provincial boundaries. The PPCs are responsible for compliance of the project’s RPF approved by the Prime Minister and the RP as a condition to participate in the Project. 62. Based on local needs of resettlement implementation, in each project implementation stage, the PPCs will delegate responsibilities of resettlement implementation to respective-level agencies in accordance with Decree 197/2004/CP. 63. The Provincial Appraisal Councils will assist the PPCs/City’sPC (of central level) in carrying out their overall responsibilities as follows:

Advising the PPCs on approving the project’s land acquisition and allocating the land for the subprojects’ development

Advising the PPCs on making final decision on compensation unit costs, subsidies, allowances, and on supporting policies for severely affected DPs, poor and vulnerable affected groups, in accordance with this RPF and the approved RP.




Directing coordination between the related institutions and provincial departments for the implementation of the RP.

Reviewing and submitting to PPCs for approval compensation options, and land clearance in accordance with delegated responsibilities.

Ensuring that the subprojects’ resettlement activities in its provinces would be carried out in compliance with policies and provisions of the RPF and this RP. If any mistakes or shortcomings are identified through internal and/or external monitoring of RP implementation, the PPCs should take responsible to ensure that the objectives of the RP are met.

Cooperating with project management and implementation units to assist the PPCs in making decision for prompt resolving grievance and complaints of DPs or from local district/communes, according to their competence and responsibilities.

7.2.2 Provincial Project Management Units (PPMUs) 64. The PPMUs, on behalf of provincial Department of Transport (PDOTs), have overall responsibilities for daily implementation of the provincial road and feeder waterway components, including responsibilities for ensuring overall coordination and daily supervision of their resettlement activities and land acquisition process, in accordance with the approved RAP. The detailed responsibilities of each agency for respective component are as follows, but are not limited to:

(i) Planning overall schedule of resettlement implementation for all competent components

(ii) Monitoring resettlement implementing agencies of different levels in updating DMS based on detailed technical designs. Identifying the exact number of DPs and their impacts levels, which will serve as the legal basis for compensation payment.

(iii) Finalizing respective updated parts of RPs and submit to the PSC or PMU1/PMU-W for review and consolidation to submit and obtaining the World Bank approval before implementing the updated RPs.

(iv) Monitoring resettlement implementing bodies in execution of resettlement activities in accordance with the Resettlement Policy Framework (RPF and RP); and if any mistakes or shortcomings are identified through internal and/or external monitoring of RPs implementation, ensure that the correction measures are adopted and objectives of the RPs are met.

(v) Providing overall supervision for the implementation progress of the project’s compensation and resettlement programs and supervising the coordination between civil works in each road/waterway sections with respective resettlement activities.

(vi) Disseminating information and conducting stakeholder consultations with DPs. Implementing Project resettlement information campaign, including the delivery of public resettlement information documents and conducting consultations with DPs in accordance with the project established guidelines.

(vii) Supporting coordination between various agencies involved in RPs implementation and its monitoring. Maintaining liaisons to ensure proper technical and logistical support to implementing agencies.

(viii) Reviewing and advising the PPCs/City’s PC on making adjustments, if necessary, on compensation rates for land and house/structures in accordance with provisions of this PRF.




(ix) Carrying out internal monitoring and coordination between contractors and local communities, ensuring prompt evaluation and compensation for community assets impacted during civil works.

(x) Following the procedures to ensure prompt implementation of correction measures and actions in response to DPs’ grievances.

(xi) Coordinating to supply project-related employment opportunities to DPs (consult with contractors on employment opportunities for local population, inform them about such opportunities and advice them how to utilize the chance).

(xii) Managing a standardized DP database for respective components, which will serve the practical resettlement implementation needs.

(xiii) Cooperating with the external organization for independent resettlement monitoring.

(xiv) Carrying out accounting of resettlement implementation for respective subprojects.

(xv) Preparing project progress reports on land acquisition and resettlement for respective road and waterway components to submit to the PSC or PMU1/PMU-W for review and consolidation to submit to MOT and WB.

7.2.3 District’s People Committees 65. The District’s People Committees are responsible for the following: Identify of legality of land user rights or ownerships of affected land and structures,

Appraise and approve compensation options for DPs within their administrative competence

Issue regulations and procedures of solving administrative matters related to the project resettlement and compensation implementation within their administrative boundaries

Establish and appoint members of the District’s RCs and assigning functional tasks for the district’s RCs.

District’s Resettlement Committees (DRCs) 66. The DRCs will be responsible for the following:

(i) Plan and implement all daily resettlement activities of the subproject within their administrative boundaries, in accordance with their delegated competences.

(ii) Update DMS, prepare and complete compensation options, prepare compensation charts to submit to the DPCs or PPCs/City’s PC for approval in accordance with their delegated competences and monitoring or implementing compensation payment to each DPs;

(iii) Receive and appoint inspectors to redress DPs’ grievances related to resettlement policies and entitlements;

(iv) Pay special attention to the needs and demands of specific groups (ethnic minority groups) and vulnerable people (children, the elderly, woman/single headed households);

(v) Cooperate fully with the external monitoring organization. 7.2.4 Ward’s/Commune’s People Committees Town’s/Commune’s People Committees (Town’s/CPCs)




67. Towns/CPCs are responsible for following:

(i) Participate as member of DRCs (ii) Assign concerned ward/commune officials/professionals to help carry out all

resettlement activities in its ward/commune; (iii) Assist others bodies/agencies, including the PMU-W, to implement project

information disclosure, and facilitating public meetings and consultation with DPs;

(iv) Assist the respective agencies/bodies in charge of census surveys, replacement cost survey, DMS, and other resettlement-related activities;

(v) Check and affirm the legality status of affected land, houses, structures and other assets/losses of organization

(vi) Participate in all activities related to land acquisition and allocation, resettlement, rehabilitation measures and social development support activities;

(vii) Support DPs in all resettlement and rehabilitation-related activities. Co-sign compensation documents with the DPs;

(viii) Verify the list of the poor or disadvantaged DPs; and (ix) Ensure DP’s grievances redress mechanisms are appropriate and properly in

place. Document DPs grievances and maintain records of all grievances. Assist and advise DPs on speedy redress of grievances.

7.3 Agency Responsible for External Monitoring 68. One or some agencies or institute/s, specialized in social sciences, must be identified and engaged in order to carry out socioeconomic surveys, monitoring, and evaluation of the RP’s implementation for the whole project or separately.for road’s component .The Project Management Unit/s (it may be PMU1 or PMU-W) will sign contract with the selected External Monitoring Agency/ies (EMA or, in other words, IMO – Independent Monitoring Organization). External monitoring cost will be paid from the IDA credit. The IMO/s will submit periodic reports on the implementation progress and make recommendations for solving the issues identified. 8 Public Participation, Consultation, and Grievance Mechanisms 8.1 Objectives of Public Information and Consultation 69. Information dissemination to Project DPs and involved agencies is an important part of the Project preparation and implementation. Consultation with DPs and ensuring their active participation will reduce the potential for conflicts and will minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the displaced persons, and thereby maximizing the economic and social benefits of investments. The objectives of the public information and consultation program are as follows: (a) To ensure that local authorities, as well as representatives of DPs, will be included in the

planning and decision-making processes. The PMU1 and PDOTs will work closely with the Provincial/City’s People’s Committees and the District’s People’s Committees and related line departments and agencies during project implementation. DPs’ involvement in implementation will be continued thereafter by requesting each district to invite DPs' representatives to be members of the DRCs and take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring).




(b) To fully share information about the proposed project components and activities with the DPs.

(c) To obtain information about the needs and priorities of the DPs, as well as receiving information about their reactions to proposed policies and activities.

(d) To ensure that DPs are able to make fully informed decisions that will directly affect their incomes and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them.

(e) To obtain the cooperation and participation of the DPs and communities in activities necessary for resettlement planning and implementation.

(f) To ensure transparency in all activities related to land acquisition, resettlement, and rehabilitation.

8.2 Consultation During Subprojects’ preparation 70. During the project preparatory phase, public information and consultations were held, aiming to gather information for assessing project resettlement impacts and to clarify recommendations on possible alternative technical options to reduce and/or mitigate potential negative resettlement impacts on local population and to proactively address issues or problems that may emerge during implementation. 71. The methods of project information and public consultation included participatory rapid appraisals and stakeholder’s consultation ones, using techniques of site and household visits, public meetings, group and focus group discussions and the household socio-economic survey. 72. The local authorities, leaders of different administrative levels and local DPs were informed about the proposed project, its objectives and proposed activities. Consultation and discussions were held with the most of the affected districts and all the subprojects’ PDOTs of the Phase 1. They and DPs were also informed about the WB’s and the MTFPP’s proposed resettlement policy. The DPs were extensively consulted and actively participated in discussions on their development needs and priorities, about their perception toward project objectives. DPs were consulted on project’s potential impacts and possible measures to reduce potential negative impacts, and improve benefits for them and their communities. The public meetings and consultation were widely organized in all the affected communes/towns of the subprojects and the most of their hamlets. All the DPs consulted are supportive of the project’s investment, expecting that it will improve conditions for trading and socio-economic development in their communities and for communications and improving public awareness in their daily life. Their main concern is that the compensation should be fair and transparent. Focus group discussions were organized with severely affected DPs, including relocated and/or severely affected farmers, to consult on their preference on relocation options and rehabilitation measures. All potentially relocated DPs of Tieu Can town, district Tieu Can, and Phu Can commune of district Tra Cu, Tra Vinh province (NH54) expressed their willingness to receive compensations in cash and to arrange resettlement by themselves. The same severely affected farmers opted for the rehabilitation option of receiving compensations in cash at rate reflecting market prices. 73. The local authorities are consulted on their agreement and commitments to follow the project resettlement policy described in the RP and RPF, reflecting both the Government and WB resettlement objectives and principles. 8.3 Consultation Proposed During Implementation A. Information Dissemination and Consultation




74. In the stage of the subprojects’ implementation, the PMU1 and relevant PPMUs will undertake the following:

(i) Provide project’s information to resettlement committees at all levels through training workshops. Detailed information on project resettlement policies and implementation procedures will be provided.

(ii) Conduct information dissemination to, and consultations with, DPs throughout the life of the project.

(iii) Update the compensation unit prices, and confirm land acquisition and impact on properties through a Detailed Measurement Survey (DMS) in consultation with DPs.

(iv) The DRCs will then apply prices, calculate compensation entitlements, and complete the Compensation options for each affected household. Information on entitlements will then be presented on an individual basis to DPs by the DPCs in conjunction with the PMU-W in the DMS follow-up community consultations/meetings.

(v) The Compensation options, showing the household’s affected assets and compensation entitlements, will then need to be signed by the DPs to indicate their agreement with the assessment. Any complaints the DPs have about the contents of the form will be recorded and will be solved at this time.

(vi) A letter/questionnaire about resettlement options will be given to all DPs entitled to relocation to: (a) inform them of resettlement options (a clear explanation of the consequences of choosing each option will be given); (b) request that DPs confirm their choice of resettlement option and their preliminary confirmation of resettlement site location; and (c) identify the DPs’ relocation needs and assistances measures.

(vii) Consultation regarding DPs preferred option for rehabilitation assistance. This applies to severely affected and vulnerable DPs. The resettlement committee will inform DPs of options and entitlement to rehabilitation assistance before asking them to indicate preferences for such rehabilitation assistance.

B. Public Meetings 75. Prior to the beginning of the detailed design, a public meeting will be held in each ward/commune to provide DPs with additional information and an opportunity for open discussions about resettlement policies and procedures. A letter of invitation will be sent to all DPs at least one week before the meeting in their area. This meeting is intended to clarify information that has been given to date and to provide DPs with the opportunity to discuss issues of concern and obtain clarification. In addition to a letter informing the DP, other means will be used to inform DPs and the general public, such as posters in prominent locations in the communes and districts where DPs currently reside, radio, newspaper and public poster announcements. The letter and notices will advise the time and location of the meeting, and who can attend. Both men and women from affected households, as well as other interested community members, will be encouraged to attend. The meeting will explain the Project, and households’ rights and entitlements, and there will be opportunities to ask questions. Such meetings will be conducted periodically during the life of the Project. 76. Relevant information will be given to the DPs at the meetings (verbally, graphically, and/or on printed information sheets). Extra copies of the printed information sheets will be available at township and district offices throughout the project area. The meetings are proposed to have the following format:




(i) Explanations given verbally and in visual format, including written information and

drawings of the proposed design for the different component of the Project. (ii) Adequate opportunities will be provided for DPs to respond with questions and

comments. DPs will be encouraged to contribute their ideas for DPs’ rehabilitation options.

(iii) DRCs will establish a complete list of all DPs who are present at the meetings. (iv) DRCs will make a complete record of all questions, comments, opinions and decisions

that arise during the information/consultation meetings and present a report of all the meetings to the PPMUs.

77. Information about the following will be given to DPs: (i) Project components. This includes the places where they can obtain more detailed

information about the Project. (ii) Project impacts. Impacts on the people living and working in the affected areas of the

project, including explanations about the need for land acquisition for each subproject components.

(iii) DPs' rights and entitlements. These will be defined for DPs (with the cut-off date). The rights and entitlements for different impact on DPs, including the entitlements for those losing businesses, jobs and income will be explained. Options for land-for-land and cash. Options regarding reorganizing and individual resettlement, and provisions and entitlements to be provided for each. Entitlement to rehabilitation assistance and opportunities for project-related employment.

(iv) Grievance mechanism and the appeal process. DPs will be informed that project policies and procedures are designed to ensure that their pre-project living standards are restored. DPs will also be informed that the resettlement committee can help resolve problems if there is any confusion or misunderstanding about any aspect of the Project. If they have complaints about any aspect of the land acquisition, compensation, resettlement, and rehabilitation process, including the compensation rates being offered for their losses, they have the right to make complaints and to have their complaints heard. DPs will receive an explanation about how to access grievance redress procedures.

(v) Right to participate and be consulted. The DPs will be informed of their rights to participate in the planning and implementation of the resettlement process. The DPs will be represented in District’s resettlement committees, and the representative for the DPs will be present whenever commune/district/provincial committees meet to ensure their participation in all aspects of the project.

(vi) Resettlement activities. DPs will be given an explanation regarding compensation calculations and compensation payments; monitoring procedures which will include interviews with a sample of DPs; relocation to an individual location/self-relocation; and preliminary information about physical works procedures.

(vii) Organizational responsibilities. DPs will be informed about the organizations and levels of Government involved in resettlement and the responsibilities of each, as well as the names and positions of the government officials with phone numbers, office locations, and office hours if available.

(viii) Implementation schedule. DPs will receive the proposed schedule for the main resettlement activities and informed that physical works will start only after the completion of all resettlement activities and clearance from the project area. It will be clarified that they will be expected to move only after full payment of compensation for their lost assets. Implementation schedules and charts will be provided to resettlement committees at all levels.




C. Compensation and Rehabilitation 78. A letter of notification will be sent to each DP with the time, location, and procedure for receiving compensation payment. Severely affected and vulnerable DPs will be personally contacted to confirm their preferences for rehabilitation assistance. D. Public Information Booklet (PIB) 79. To ensure that DPs, their representatives, and local governments in the affected areas fully understand the details of the resettlement program, and are also informed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (PIB) will be prepared by the PMU1 and PPMUs in consultation with the World Bank. This booklet will be distributed to all DPs in the project area. General contents of the PIB will include the following:

Brief Description of the Project, Implementation Schedule, Project Impacts, Entitlements and Rights of DP, Resettlement and Rehabilitation Policies for All Types of Impacts, Institutions Responsible for Resettlement, Information Dissemination to and Consultations with Project Displaced Persons, What To Do if DPs have a Question or a Problem, Grievance Procedure, and Independent Monitoring.

E. Disclosure 80. In addition to disclosure to displaced persons and communities, this RPF and the RP will be available at the Provincial Information Centers, in PPMUs and Project Districts, as well as in Info shop in Washington DC and in the Vietnam Development Information Center (VDIC) in Hanoi. 8.4 Grievance Redress Procedure 81. DPs can lodge their complaints regarding any aspect of compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs. Complaints by DPs can be lodged verbally or in written form, and where they are lodged verbally, the committee to which it is lodged will write it down during the first meeting with the DP. DPs will be exempt from administrative and legal fees. 82. Local mass organizations, such as National Front, Association of Farmers, and Women's Union, will be mobilized to actively participate in process of solving of DP's emerged complaints/grievances 83. To facilitate process of resolving complaints and grievances of DPs, a four-stage procedure for redressing grievances is proposed as follows:

Stage 1- Complaints from DPs on any aspect of the resettlement program, or losses not previously addressed shall first be lodged verbally or in written form to the people's committee at commune level. The complaints can be discussed in an informal meeting with the plaintiff and the chairman of the people's committee at commune level. The people's committee at commune level will be responsible for resolving the issue within 15 days from the day it is lodged.




Stage 2 - If no understanding or amicable solution can be reached, or if no response from the people’s committee at the commune level is received by the DP within 15 days from registering the complaint, he/she can appeal to the District’s Resettlement Committee. The DRC will provide a decision within 1 month from the registering of the appeal. Stage 3 - If the DP is not satisfied with the decision of the DRC or its representative, or in the absence of any response by the DRC, the DPs can appeal to the Provincial/City’s People’s Committee. The City’s/Provincial People’s Committees together with the representative of the Provincial/City’s RCs will provide a decision on the appeal within 30 days from the day it is lodged with the PPCs. Stage 4 - If the DP is still not satisfied with the decision of the PPCs/City’s PC or PRCs/City’s RC on appeal, or in absence of any response from the PPCs/City’s PC within the stipulated time, the DP, as the last resort, may submit his/her case to the district court.

9 Implementation Schedule 84. The implementation schedule is as follows: 1. Information Dissemination Prior to Detailed Design. Prior to the commencement of detailed design, PMU1 (for national highway component) and/or relevant PPMUs (for respective provincial road subprojects) will provide information about the Project throughout the project area. Information meetings will be held in all potentially affected wards/communes to inform the communities about (i) the project scope; (ii) impacts; (iii) entitlements for all categories of loss; (iv) schedule of activities beginning with the detailed measurement survey; (v) institutional responsibilities; and (vi) the grievance mechanism. The PIB will be prepared and distributed to all affected communities during the meetings. 2. Establishment of Resettlement Committees. All provinces will establish their resettlement committees at District’s level as soon as the Project commences. 3. Training for Resettlement Staff. Once Resettlement Committees is established, all local resettlement staff at PPMUs, DRCs and commune levels will be trained by Resettlement specialists. Training subjects will include:

(i) Objectives of RP; (ii) Principles, policies, and entitlements of the RP; (iii) Consultation and information dissemination methods (iv) Implementation steps, procedures, and schedule; (v) Grievance redress mechanism; and (vi) Powers and obligations of individuals/agencies involved in the process of

resettlement programs. 4. Detailed Measurement and Census Survey. Before each new phases of the MTFPP, DMSs will be updated or conducted in each subproject area after completion of the detailed design. These surveys will serve as a basis for compensation and updating the RPs. Data will be computerized by PMU1 and/or respective PPMUs.




5. Updating Compensation Rates. During the preliminary detailed design process, the PPCs/City’sPC will update unit rates at replacement cost for all categories of loss and adjust allowances to account for inflation in accordance with provision of Decree 197/2004/CP. 6. Pricing Application and Compensation to DPs. District’s Resettlement committees will be responsible for pricing application and preparing compensation charts for each affected commune/district. These will be subject to verification by PPMUs and DPCs or PPCs/City’sRC on unit prices, quantity of affected assets, DPs' entitlements, etc. before posting them at each commune for the people to review and comment. All compensation forms must be checked and signed by the DPs to indicate their agreement. 7. Compensation and allowances It will be handled under the supervision of representatives of CPCs, DRCs, PMU1 and DPs’ representatives. 8. Award of Civil Works Contract. After all DPs affected have been compensated in accordance with the approved RAP for each section, award of contract can be given for respective civil works. 9. Income Restoration and Social Support Assistance. In order to provide adequate economic rehabilitation measures, DPs entitled to rehabilitation assistance shall be consulted on rehabilitation options and shall be assisted to participate in the relevant activities. 10. Monitoring. Internal and external monitoring shall start as soon as the updated RP is approved. Monitoring will continue throughout the construction period. A replacement cost survey should be conducted by the external Monitoring organization prior to or during DMS to update and advice PPC on compensation rates. A post-resettlement evaluation will be also undertaken by the external monitoring organization 6 to 12 months after completion of all resettlement activities. 85. The RAP will be carried out in accordance with project implementation schedule. Schedule for Resettlement implementation is proposed as follow: (See Table 16 below)

1) The convention of credit: December 2006 2) Detailed technical design and approval : April-July 2007

Preparatory

3) Establishing Resettlement committees or Delegating resettlement implementing tasks of the project to existing ones: January 2007

4) Contract signing for resettlement implementation and hiring an independent monitoring agency: March-April, 2007

5) Project information dissemination: March-April, 2007 Compensation payment

6) Updated Detailed Measurement Surveys (DMS) and Census of Displaced persons: May-August, 2007

7) Application of compensation unit prices and rehabilitation measures to compensation options: July-October 2007.

8) Submitting DPs compensation options for approval: September-November 2007




9) Compensation Payment and land clearance for the project construction: October-December, 2007

Consultation and Monitoring

10) Public consultation and participation: throughout RAP implementation. 11) Independent and internal monitoring: throughout RAP implementation. 12) Start of project civil work: March 2008.




Table 16: Resettlement Implementation Schedule, GH2 Bridge component

2006 2007 2008 No Activities

6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11

1 Convention of Credit and project signing

2 Detailed technical design and approval

I

Preparation

3 Establishment of Resettlement committees

4 Contract signing for reset impl & hiring agency for independent monitoring

5 Public Information Dissemination II

Compensation payment

6 Updated Detailed Measurement Surveys and Census of DPs

7 Application of compensation unit prices and rehabilitation measures to DPs’ compensation options

8 Submitting DPs compensation options for approval

9 Compensation Payment and land clearance for the project construction

III

Consultation and monitoring

10 Community consultation and participation

11 Independent and internal monitoring

12 Start of Civil work of the project

86. All resettlement activities for each section must be satisfactorily completed before the World Bank will give a no objection for award of contract for the respective section. 10 Cost and Budget 10.1 Financing 87. Budget for RP implementation will be the counterpart funds. The MOT will provide budget for implementation of the RP of the GH2 Bridge subproject. PPCs/City’s PC are responsible for providing budget for the implementation of the RP for their respective provinces’ provincial road and feeder canal subprojects. 10.2 Flow of Fund 88. The PMU1 will be responsible for channeling funds for land acquisition and resettlement to the respective subproject provincial Treasuries for the payment of compensation directly to affected persons for land, crops, trees, and for the rehabilitation assistances for the national highway component. The fund is directly provided by the relevant province for the provincial road component. 10.3 Compensation Prices




89. The cost estimates for compensation of land, affected assets and rehabilitation, resettlement implementation of the Phase I subprojects is based on the followings:

(i) Vietnam New Land Law 2003 (ii) Decree No181/2004/ND-CP, 29 October 2004, providing guidelines for

implementation of the Land Law 2003. (iii) Decree No182/2004/ND-CP, 29 October 2004, on administrative violation in the

land user-rights. (iv) Decree No188/2004/ND-CP, 16 November 2004, regulation on price land and

price framework for land categories; And issued guidelines in Circulation No114/2004/TT-BTC by MOF.

(v) Decree No197/2004/ND-CP, 03 December 2004, on compensation, assistance and resettlement when land is recovered by the State. And issued guidelines in Circulation No116/2004/TT-BTC by MOF.

(vi) Decree No198/2004/ND-CP, 03 December 2004, on collection of land tax. And issued guidelines in Circulation No117/2004/TT-BTC by MOF.

(vii) Decision No 74/2005/QD-TTg, dated on the 6th of April, 2005, on the use of land use right transffered money, the money got from selling house, workshop and other structures when an economic unit has to relocate its office and estates, business in accordance with planning.

(viii) Circular No 80/2005/TT-BTC, dated on September, 15th, 2005, providing guidelines for organization of a network for conducting statistics of and surveying, investigating of the land prices in accordance with Decree No 188/2004/ND-CP of the 16th of November, 2004, on the methods of evaluating land prices and frame of land prices.

(ix) Decree 17/ND-CP, 27 January 2006, on amendment of some provisions of some Decree guiding implementation of the Land Law and the Decree 187/2004/ ND-CP on shifting the state companies into stock ones

(x) Decision No 919/2005/QD-UB dated on the 30th, March, 2005, issued by the Ben Tre PPC on Compensation, assistance and resettlement when the Government acquire the land in Ben Tre province.

(xi) Decision No 2915/2003/QD-UB dated on the 20st, Oct.,05, issued by the Ben Tre PPC on standardized unified construction prices of houses and structures, in Ben Tre province.

(xii) Decision No 11/2005/QĐ-UB dated on the 30th, Dec.,03, issued by the Ben Tre PPC on land prices in Ben Tre province.

(xiii) Decision No 47/2004/QĐ-UB dated on the 11th, June.,04, issued by the Tra Vinh PPC on prices of crops and trees served for evaluation of compensation value in land acquisition process within Tra Vinh province.

(xiv) Decision No 74/2004/QD-UB dated on the 25th, Oct.,05, issued by the Tra Vinh PPC on standardized unified construction prices of houses and structures, in Tra Vinh province.

(xv) Decision No 25/2005/QĐ-UB dated on the 16th, May, 05, issued by the Tra Vinh PPC on land prices in Tra Vinh province.

(xvi) Decision No 49/2005/QĐ-UB dated on the 05th, Sep.,05, issued by the Tra Vinh PPC on amended land prices in Tra Vinh province.

(xvii) Decision No 11/2005/QĐ-UB dated on the 14th, Feb.,05, issued by the Soc Trang PPC on land prices in Soc Trang province.

(xviii) Decision No 56/2005/QĐ-UB dated on the 21st, Dec.,05, issued by the Ca Mau PPC on land prices in Ca Mau province.




(xix) The preliminary assessment of replacement/market cost of land, house, structures and trees, crops, conducted by the consultant during the project’s FS (November, 06 - Jan. 07).

90. According to results of preliminary replacement cost assessment, the compensation prices issued by the subprojects’ PPCs for movable assets are generally reflecting replacement costs of affected houses and secondary structures as well as of attached crops and trees. It is worth noting that the practice of resettlement implementation in Vietnam shows that, in case of reasonable fluctuation of unit construction costs, the local PPCs used to update them accordingly. The New Land Law 2003, especially the recent Decree 17/2006/CP, has provided a legal base for land compensation reflecting market prices. According to the Land Law 2003, PPC-issued prices of land have to be updated annually and be publicly announced on the 1st of January evey year. The cost estimate in this RP is based on the compensation unit prices of houses/structures and crops/trees issued by the subprojects’ PPCs. The unit prices used for land compensation cost estimate mostly follow the prices issued by the PPCs with adjustments for some urbanized road sections and those more commercialized ones. 91. In stage of resettlement implementation, the compensation rates will be updated by the PPCs to reflect current market prices of land in accordance with provision of the Land Law and the Decree 17/2006/CP.

92. The Cost for the RP consists of:

i) Preparation work : All work at the office such as design study, preparation of survey form. Survey work: census and inventory, socio-economic survey.

Survey work is carried out in two stages: Preliminary stage (for RP preparation) and Detailed Measurement Survey (at the early time of project and RP implementation)

ii) Compensation and rehabilitation cost, includes

Compensation for permanent land acquisition Compensation for houses and other/secondary structures attached to the

affected land Compensation for trees and crops affected due to the temporary and/or

permanent loss of land (including the cost of cutting the trees) Rehabilitation assistance to relocated and reorganized DPs, severely affected

business DPs and/or farmers losing more than 20% of land holdings. iii) Administrative/Management cost consists of :

Cost for staff of PMU1, PPMU and Compensation Committees includes in: physical base, salary and allowance for administration organization, full-time and/or part time resettlement staff.

Cost for trainings, workshop, information campaign etc.

iv). Monitoring cost 93. The PMU1 also is responsible for contracting with some external organization/s, specialized on social sciences to carry out the independent monitoring of the subprojects’ resettlement implementation. Because cost of monitoring work has not yet been detailed by the Government, it is estimated that att about 1.8% of the total cost of compensation and RP preparation. The interested independent monitoring institutions will prepare the technical and




financial proposals for bidding, and the actual cost will be determined through procurement for independent monitoring. v) Contingency cost 94. Based on the past project experience and to be conservative, the contingency is estimated to be about 10% of the total cost of compensation and RP preparation. 10.4 Total Resettlement Cost 95. The total compensation base cost for the road component of the GH2 Bridge is approximately 35.276.533.000 VND as presented in Table 17 and Table 18 below. The total resettlement plan implementation cost is 39,104.186 VND (~245,000USD), The more detailed Resettlement estimated costs of each Phase I Subproject is given in Annexes. Table 17: Estimated compensation base cost of the Phase I road subprojects, GH2 Bridge Unit: 1000VND

Province Code Length (km)

Compens. for Land

Comp. for house/str

Comp. for crop/trees

Rehabil assistanc

Public Infrastrs

Total comp. base cost

1 Ganh Hao Bridge NGP 240 30,234,500 1.468,875 0 200.000 3,206,958 35,276,533

Total 30,234,500 1.468,875 0 200.000 3,206,958 35,276,533

Table 18: Total resettlement cost of the GH2 Bridge Unit: 1000 VND

Grand Total Resettl. cost

Province Code Length (km)

Total comp. base cost

Admn and RP updating cost

Ext. Monitor Cost

Contigency cost In 1000

VND In US$

1 Cầu Gành Hào

NGP 240 35,276,533 100.000 200.000 3,527,653 39,104,186 ~

Total 240 35,276,533 100.000 200.000 3,527,653 39,104,186 ~

11 Monitoring and Evaluation 11.1 Monitoring 96. Monitoring is the continuous process of assessing project implementation, in relation to agreed schedules, the use of inputs, infrastructure and services by the Project. Monitoring provides all stakeholders with continuous feedback on implementation. It identifies actual or potential successes and problems as early as possible to facilitate timely correction during project operation. 97. Monitoring has two purposes:

To verify that project activities have been effectively completed including quantity, quality, and timeliness; and

To assess whether and how well these activities are achieving the stated goal and purpose of the Project.




98. Regular monitoring of the RP implementation will be conducted by the implementing agencies (PMU1 and PPMUs) as well as by an independent external monitoring organization hired by the PMU1 or PMU-W. 11.2 Internal Monitoring 99. The Project Management Unit 1 (PMU1) is responsible for internal monitoring of the RP’s implementation for the national road component, and PPMUs, for the provincial road component. The agencies will oversee the progress in resettlement preparation and implementation through regular progress reports. 100. The main indicators that will be monitored regularly are:

(i) payment of compensation to DPs in various categories, according to the compensation policy described in the RP;

(ii) delivery of technical assistance, relocation, payment of subsistence, and moving allowances;

(iii) delivery of income restoration and rehabilitation assistance entitlements; (iv) public information dissemination and consultation procedures; (v) adherence to grievance procedures and outstanding issues requiring

management’s attention; (vi) priority of DPs regarding the options offered; and (vii) coordination and completion of resettlement activities and award of civil works

contract.

101. The PMU1 will collect information every month from the different resettlement committees. A database of resettlement monitoring information regarding the Project will be maintained and updated every month. 102. The PMU1 will submit a monitoring report on the progress on implementation of the RP to the PPCs/City’sPC and the Bank as part of their regular quarterly report to Bank. The internal monitoring reports shall include the following topics:

(i) The number of DPs by category of impact per component, and the status of compensation payment and relocation and income restoration for each category.

(ii) The amount of funds allocated for operations or for compensation and the amount of funds disbursed for each.

(iii) The eventual outcome of complaints and grievances and any outstanding issues requiring action by management.

(iv) Implementation problems. (v) Revised actual resettlement implementation schedule.

11.3 External Monitoring 103. Objectives. The general objective of the external monitoring is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the displaced persons people, the organizational effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for future policy formulation and planning.




104. Agency Responsible. In accordance with the World Bank requirements for consultant procurement, the PMU1 or PMU-W will hire one or more organizations for the independent monitoring and evaluation of RP’s implementation for the entire MTFPP or respective components. This organization, to be called the Monitoring Organization (MO), should be specialized in the Social Sciences and experienced in resettlement monitoring. The MO/s should start their work as soon as the updated RP have been approved. 105. Monitoring and Evaluation Indicators. The following indicators will be monitored and evaluated by the MO:

(i) Conduct a replacement cost survey of affected land and attached properties/assets to assess level of adequacy of the compensation prices issued by the PPCs/City’sPC, comparing with their replacement costs. In case, if there exists a considerable gap, the MO will submit recommendations to the PMU1 so that they will act for necessary adjustments, ensuring the project’s resettlement principles are met.

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

(iii) Provision of technical assistance for house construction to DPs who are rebuilding their structures on their remaining land, or building their own structures in new places as arranged by the project, or on newly assigned plots.

(iv) Provision of income restoration assistance. (v) Public consultation and awareness of compensation policy: (a) DPs should be fully

informed and consulted about land acquisition, leasing and relocation activities; (b) the monitoring team should attend at least one public consultation meeting to monitor public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed; (c) public awareness of the compensation policy and entitlements will be assessed among the DPs; and (d) assessment of awareness of various options available to DPs as provided for in the RP.

(vi) Affected persons should be monitored regarding restoration of productive activities.

(vii) The level of satisfaction of DPs with various aspects of the RP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored.

(viii) Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported.

11.4 Methodology for Independent Monitoring A. Sample Survey 106. A socioeconomic survey will be required before, during and after the resettlement implementation to provide a clear comparison of success/failure of the resettlement plan. 107. Monitoring on a sample basis will be carried out, following the TOR for independent monitoring, approved by the MOT, and in accordance with the project’s implementation progress.




108. A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of all resettlement activities. B. Database Storage 109. The MO will maintain a database of resettlement monitoring information. It will contain files on results of independent monitoring, DPs surveyed and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by the PPMUs and the Bank. C. Reporting 110. The Independent monitoring activities will be carried out in accordance with the project’s implementation progress, and the monitoring reports will be sent to the PMU-W, copying to PMU1 and PPMUs no later than 2 weeks after field independent monitoring activities is completed. The MO is required to submit the findings of the periodical monitoring every 6 months. These monitoring reports shall be submitted to the World Bank as an annex of its progress report. 111. The report should contain: (i) a report on the progress of RP implementation; (ii) deviations, if any, from the provisions and principles of the RP; (ii) identification of problem issues and recommended solutions so that implementing agencies are informed about the ongoing situation and can resolve problems in a timely manner; and (iv) a report on progress of the follow-up of problems and issues identified in the previous report. D. Monitoring Report Follow-Up 112. The monitoring reports will be discussed in a meeting between the MO, PMU1 and/or PMU-W immediately after submission of the report. Necessary follow-up actions will be taken based on the problems and issues identified in the reports and follow-up discussions. 11.5 Evaluation 113. Evaluation is an assessment at a given point of time of the impact of resettlement and whether stated objectives have been achieved. The external monitoring will conduct an evaluation of the resettlement process and impact 6 to 12 months after completion of all resettlement activities using the same survey questionnaire and sample as used during the monitoring activities.




ANNEX A: ENTITLEMENT MATRIX

No TYPE OF LOSS APPLICATION DEFINITION OF

ENTITLED PERSON COMPENSATION POLICY IMPLEMENTATION ISSUES

1. Permanent loss of arable land

HHs losing agricultural land Marginal or Severe impact on household income and living standards. There 1,584 DPs losing ag ricultural land. All have legal or legalizable LURs. Of which, there 49 DPs losing more than 20% of their land holding. The remained 1535 DPs are marginally affected.

User with legal or legalizable rights to use the affected land.

(i) Cash compensation for the lost land at 100% of replacement cost, AND (ii) If the DPs lose more than 20% of their agricultural holding, then, in addition to the (i), they are entitled to a rehabilitation assistances, including: (a) A subsistence assistance equivalent to the market value of 30 kg of rice /person/month for 3 months if the DPs do not have to relocate to new place, and for 6 months if DPs have to be relocate; (b) A job creating or training assistance as follows: Provision of a plot, with collection of Land use right fee,

at a location convenient for running non-farm production/activities or services, OR

If there no land available for such, then a training assistance on shifting to new occupation for the labour-aged members of the DPs. The training assistance will be provided through:

o The project will pay training fees to the training institutions directly, at maximum not exceeding 1,500,000 VND/labor Besides, each trainee will be given a subsistence allowance of 350,000 VND/month/person. The duration receiving training subsistence allowance depends on the type of training course but not exceeds 6 months. OR

o Training assistance in cash but the project will cooperate with relevant local organizations to improve technical services for agricultural development to all agricultural DPs severely affected to assist them to improve productivity on their remaining land; OR,

o Training assistance in cash but in combination with credit or other technical assistance on business/financial management, investment...

If the viability of the remaining land is less than the minimum viable economic unit, then the entire piece of land would be acquired and the DPs would fall under the next category. In case the DPs casually utilize the public land for growing crops/trees, which is subjecting acquisition by the project, then she/he will not be compensated for land, but will be compensated for crops and trees at market prices/replacement cost.

2 Loss of residential land

Land acquired without structures built therein. Marginal impact (424 DPs)

User of the affected land. (There no case of non-recognized land use right affected)

Cash compensation for land at (i) 100% of replacement cost of the land acquired to the legal/legalizable users; (ii) 30% of replacement cost of the land acquired to the users with temporary use rights;






Land acquired with structures built therein and the remaining land is sufficient to rebuild on Marginal or severe impacts. (327 DPs).

Reorganizing DPs. Among the total 545 DPs losing residential land, there 114 DPs have to rebuilt their main house on remaining land. All have legal right to use land.

(i) Cash compensation for land acquired at 100% of replacement cost of the land acquired to the legal/legalizable users; (ii) ) If HHs have to rebuild their main house, then they will receive cash subsistence allowance equivalent the market value of 30 kg of rice/person/month for 3 months.

At the time of compensation, allowances will be adjusted to account for inflation.






Land acquired with structures built therein and the remaining land is not sufficient to rebuild on (the remained area is less than 40m2 in urban and 100m2 in rural area) Severe impact (7 DPs) Among the 7 relocating DPs, 6 have legal LUR., and 1 live on the local pagoda land borrowed. All the DPs opt for cash compensation to arrange self- relocation.

Relocating DPs.

(1) Compensation policy for land: (a) Cash compensation for lost residential land at full replacement cost to the DPs, who have legal or legalizable rights to the affected land; (b) Compensation in cash for the remained investment put on the land to the land borrowed users, where cash compensation for acquired area to the legal land users (c) Regarding the relocated DP, who use borrowed land, is poor and vulnerable one, having no other site for moving, a provision of relocation assistance not less than 10,000,000 VND/HH for self relocation. (2) Rehabilitation assistance:

. Transportation allowance from 1,000,000 to 3,000,000 per HH, if DPs relocate to new site within the city/province, to 5,000,000 VND per HH if they relocate into another proivince;

Subsistence allowance equivalent to the market value of 30 kg of rice/person/month for 3 months if DPs have to rebuild house on their remaining land and for 6 months if DPs have to relocate to new site;

House renting assistance if the project can not provide location to the relocating DPs prior the land acquisition, then the DPs will be given a house renting allowance at level regulated by local PPC/City’sPC, for a duration: (i) from the moment handing the acquired land to the moment receiving a new plot in RS plus 6 months of house construction, if DPs opt/are allocate new land; or (from the moment handing land to the moment receiving new apartment, if DPs entitled to rent or buy apartment in multi-stored living building; or, (iii) for 6 months if the DPs opt to relocate by themselves. In case if the project arranges to temporarily provide the DPs with lodgement, then this house renting entitlement will not be applied.

At the time of compensation, allowances will be adjusted to account for inflation.






3 House/structures and graves

Houses/structures located in the project recovered area. (There 327 DPs having house or secondary structures affected. All have legal right to the affected houses/structures. No case of tenants)

Owners of affected structures.

(i) Compensation in cash for all affected structures will be provided at 100% of the replacement cost for materials and labour. The amount will be sufficient to rebuild a structure the same as the former one at current market prices. (ii) If house/structure is partially affected, the project will provide a house/structure repairing cost, in addition, to DPs to restore it to former or better conditions. (iii) Compensation and assistance will be provided in the form of cash. No deductions will be made for depreciation or salvageable materials. (iv) The calculation of rates will be based on the actual affected area and not the useable area.

The calculation of rates will be based on the actual affected area and not the useable area.

Graves located in the affected areas (only 3 grave affected).

Owners of graves. The level of compensation for the removal of graves will be for all costs of excavation, relocation, reburial, purchasing/obtaining land for relocation and other related costs. Compensation in cash will be paid to each affected family. Other attached structures which are not of main part of graves will be compensated in accordance of their loss

For ownerless affected graves, compensation will be given to local PC to relocate them to new site

Owners of affected crops

DPs are entitled to compensation for affected crops in cash at market value.

4 Loss of standing crops and trees

There are 1402 DPs losing crops/trees.

Owners of affected trees.

DPs are entitled to compensation in cash at market value on the basis of type, age, and productive value. If affected trees are removable, the compensation will be equal the transportation cost plus actual loss.

DPs will be given notice several months in advance regarding evacuation. Crops grown after issuance of the deadline will not be compensated.






5 Loss of income and business/ productive assets

Loss of income and business/other productive assets (there 33 DPs having business impacted. Among them 2 DPs have to be relocated. All haved legal LURs)

Owner of the affected business/other productive assets.

(1) Cash compensation for the loss of income during the transition period for registered and affected business, equivalent 30% of the annual net income average for the last 3 years, recognized by a tax-collecting agency. (This amount is equivalent to 100% of monthly net income for 3.6 months). (2) A cash assistance amount of value from 500,000 VND to 1,000,000 VND per business HH for the loss of income to the affected business DPs who are without business/production registration (3) Regarding the relocating DPs, in addition to the above, a priority to provide an alternative business site of the equal size and accessible to customers, or, cash compensation for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If there no land available, then the business/non-farm producer DPs will be entitled for training assistance equal 1,500 VND per labor-aged member of the DPs.

DPs will be given priority for business relocation along highway, communal roads and along canals near the bridges or footbridges in order to maximize their benefit from business opportunities. At the time of compensation, allowances will be adjusted to account for inflation.

6 Temporary impact during construction

Temporary loss of arable land (The scope of temporary impacts will be identified in subproject implementation stage)

Users of affected land (i) Compensation for one harvest of crops/trees at full market prices (ii) Compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use, AND (iii) Restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified, AND (iv) If the duration of project's use the land exceed more than two years, then the DPs have option to: 1) Continue to use land, OR, 2) Give it to the Project and be compensated as permanent loss

If the quality of land will be radically changed when return to DPs, requiring DPs to change in the types of land use, then DPs should be compensated for all envisaged cost of losses

Temporary loss of residential land

Users of affected land (i) Compensation for affected assets at replacement cost (ii) restoration of land to former conditions

Temporary impact on business Owner of business (i) Compensation for loss of income during transition period, equivalent average monthly net income at least for three months. (ii) Compensation for affected assets at replacement cost (iii) restoration of land to former conditions

Damages by contractors to private or public structures or land

Owner or person with use rights

(i) The contractor will be required to pay compensation immediately to affected families, groups, communities or government agencies. (ii) Damaged property will be restored immediately to its former condition.






8 Loss of community assets

Community buildings, structures, community forest/grazing/or other land/ irrigation systems affected by temporary or permanent land acquisition or spoil disposal. There are 56 public properties to be impacted.

Village, Ward, Government Unit.

(i) Restoration of affected community buildings and structures to at least previous condition, or (ii) Replacement in areas identified in consultation with affected communities and relevant authorities, or (iii) The compensation will be provided at replacement cost without depreciation but includes deduction of salvage materials

If income loss is expected (e.g. irrigation, community forest, community grazing land), the village is entitled to compensation for the total production loss this compensation should be used collectively for income restoration measures and/or new infrastructure.

9 Other allowances

Social assistance Relocated DPs who are currently receiving social assistance

Relocated DPs who are currently receiving social assistance are entitled to additional social assistance from 1,000,000 VND/HH to 5,000,000 VND/HH as provided by respective local regulations

Incentive bonus DPs who timely hand the affected land to the project voluntarily

A bonus of 5% of the total compensation amount, but not exceeding 5,000,000 VND/HH

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RAP Report Feb. 2007 Page: 9A-56

ANNEX B: RESETTLEMENT AND LAND ACQUISITION IMPACTS IN DETAIL For each selected road, there are Tables 1-15 as follows: Table 1: Scope of permanent land acquisition Table 2: Summarized scope of permanent resettlement impacts Table 3: Impacts on crops and trees Table 4: Impacts on houses and structures Table 5: Demographic characteristics of DPs Table 6: Demographic characteristics of DPs Table 7: Demographic structure of HHs surveyed population Table 8: Demographic characteristics of DPs’ household heads Table 9: Education of the HH surveyed population Table 10: Age and occupation of the DPs household’s heads Table 11: Occupation of the sample HH surveyed population Table 12: Distribution of the surveyed population per capita monthly income Table 13: Living conditions of surveyed HHs Table 14: Possession of HH’s assets by surveyed HHs Table 15: Estimated compensation cost

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Table1: Scope of permanent land acquisition of the New Ganh Hao Bridge

District/Commune/Town Loss of residential land (m2)

Perennial crop or garden att. land (m2)

Annual crop land (m2)

Special use land (m2)

Total land loss (m2)



Subtotal 4,159.16 0.00 0.00 0.00 4,159.16

Table 2: Summarized scope of resettlement impacts on people caused by the New Ganh Hao Bridge

Number of DPs Of which, by level of impacts:


Total (HHs/Collective units)

Of Wh.: Collect. public units

Of wh.: Ethnic minority DPs (HHs)

Relocated (HHs)

Rebuild main house (HHs)

Relocated/impacted business (HHs)

Losing >20% HH’s holding (HHs)

Marginally affected (HHs)



Total 87 4 0 39 39 0 71 0

Table 3: Impacts on crops and trees caused by the the New Ganh Hao Bridge

Of which:

District/Commune/Town Total number of DPs (HHs)

No of DPs having crops/trees affected

Area of affected annual crops (m2)

Fruit trees (m2)

Wood/forest trees (trees)

Bonsai/decorative (trees)



Subtotal 0 0 0 0 0 0

Table 4: Summarized permanent impacts on houses and/or other structures by the Ganh Hao Bridge

Houses, of which:

District/ commune

Tota

l n

um

ber

of

D

Ps

havi

ng

hou

se/s

tru

ctur

e af

fect

ed (

HH

s)

Of

wh.

: N

o of

D

Ps

havi

ng

busi

ness

/pro

duct

ive

asse

ts a

ffec

ted

(HH

s)

Tota

l are

a a

ffec

ted

(m2

)

Tem

pora

ry w

ith le

aves

roo

f

Tem

pora

ry w

ith t

ole/

Fibr

ocem

ent

roof

Sem

i-per

man

ent

hous

e, 2

20-b

rick

wal

l

Perm

anen

t ho

use

Kitc

hen

(m2)

Anim

al s

heds

(m

2)

Eave

s m

ade

of t

ole/

fibro

cem

ent

(m2)

Cour

tyar

d m

ade

of

bric

k/

or

cem

ente

d(m

2)

Bric

k m

ade

fenc

e (m

2)

Stee

l gat

e (m

2)

Gra

ves

(uni

t)

Wel

ls (

unit)

Cem

ente

d br

idge

s (u

nit)

Award No7, Ca Mau City 45 0 3,290.79 0 489.8 2420.99 0 380 0 0 0 0 0 0 0 0

Award No8, Ca Mau City 38 0 2,478.41 0 2023.61 378.80 0 76 0 106.3 0 0 0 0 0 0

Total 83 0 6,399.20 0 2513.41 2799.79 0 456 0 106.3 0 0 0 0 0 0

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DPs populationSex ratio of the DPs’ popul. (%)

Ethnic composition of the DPs (%)


Total number of DPs responded (HHs)

Total (Pers.)

Aver. HH’s size (pers/HH)

Male (%)

Fem. (%)

Kinh (HHs)

% of Kinh

Khmer (HHs)

% of Khmer

Hoa (HHs)

% of Hoa



TOTAL 83 423 5.2 50.7 49.3 83 100 0 0 0 0


Distribution of the DPs (responded) by HHs size (% to the total DPs number)

DPs population under 18 years old

DPs working labors


Total number of DPs (HHs) Total

(HHs) ≤ 4 pers/HH

5≤ & < 8 pers./HH

>8 pers./ HH

Aver numb per HH (pers/HH)

% to the tot. DPs population (%)

Aver. HH’s labor (labor//HH)

% of working to total HH popl.

1. Award No7, Ca Mau City 45 45 44.4 55.6 0 1.24 26.0 3.07 64.2

2. Award No8, Ca Mau City 38 38 47.4 39.5 13.1 1.57 21.2 3.71 67.7

TOTAL 83 83 45.9 47.6 6.5 1.41 23.6 3.39 65.9

Table 7: Demographic structure of HHs surveyed population, GH2 Bridge

Sex ratio Age composition of the surveyed population (%)


Total population responded (pers)

Male (%)

Fem. (%)

Aver. age of surveyed pop. (years)

Pop. < 7 years old

Pop. from 7 to 17

Pop from 18 to 35

Pop. from 36 to 55

Pop over 55 years old



TOTAL 83 50.6 49.4 32.2 4.97 18.6 40.73 25.3 10.88


Table 8: Some demographic characteristics of DPs household’s heads, GH2 Bridge

Sex of the DPs’ HHH Education of DPs’ households heads


Total number of HHHs responded (HHHs)

Male headed (%)

Fem.headed (%)

Average schooling years (school years/pers)

Illiterate HHH (%)

HHH having primary or lower education (%)

HHH having basic second.education (%)

HHH having second.education (%).


1. Award No7, Ca Mau City 45 60.0 40.0 6,5 0,0 0,0 24.0 0.0 76.0 2. Award No8, Ca Mau City 38 50.0 50.0 6,5 0,0 0,0 29,0 0.0 71,0 TOTAL 83 55.0 45.0 6.5 0.0 0.0 26.5 0.0 73.5

nam

ng Consultants


Table 9: Education of the HH surveyed population, the GH2 Bridge subproject Education composition of the surveyed population by (%)


Total surveyed population (pers)

Averag schooling years (school years/pers)

Pop having primary or lower education (%)

Pop having basic second education (%)

Pop having second.education (%).


1. Award No7, Ca Mau City 215 6.5 0,0 18,0 0.0 82,0 2. Award No8, Ca Mau City 208 6.5 0,0 19,0 0,0 81.0 TOTAL 423 6.5 0.0 18.5 0.0 81.5

Table 10: Age and occupation of the DPs household’s heads, GH2 Bridge subproject

Age composition of the DPs’ HHHs Occupation of DPs HHH (% to total)


Average age of DPs’ HHH (years)

Aged under 35

Aged from 35 to 55

Aged above 55

Agricultural Trade

State employeees

Construct., handicraft...

Services Others

1. Award No7, Ca Mau City 35.72 61.86 27.44 10.70 0,0 18 17 13 52 0,0 2. Award No8, Ca Mau City 34.67 65,86 23.08 11.06 0,0 23 18 12 47 0,0 TOTAL 35.19 63.86 46.5 26.64 0,0 20.5 17.5 12.5 49.5 0,0

Table 11: Occupation of the sample HHs’ surveyed population, GH2 Bridge subproject

Occupation of HHs’ surveyed population (% to total surveyed)


Total responded population (pers)

State personell

Farming

Hired agricult labor

Trade Services

Workers, hadicraft

Pupils, students

Housemaids, old and disable

1. Award No7, Ca Mau City 38 14 0 0 16 40 10 16 4 2. Award No8, Ca Mau City 45 16 0 0 17 37 11 16 3 TOTAL 83 15 0 0 16.5 38.5 10.5 16 3.5

Table 12: Distribution of the surveyed HHs per capita monthly income, the GH2 Bridge subproject (1000VND/pers/month)

<200 200<&<500 >500

ROAD/Distr.

Aver per capita month income (1000VND)

Numb. of surveyed HHs (HHs)

Numb. of surveyed popul (pers.)

(HHs) (%) (HHs) (%) (HHs) (%)

1. Award No7, Ca Mau City 600 35 159 0 0 0 0 35 100 2. Award No8, Ca Mau City 580 25 109 0 0 0 0 25 100 TOTAL 590 60 268 0 0 0 0 60 100

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ng Consultants


Table 13: Living conditions of HH’s assets by the surveyed population, GH2 Bridge Unit: %

Source of drinking water Types of toilet Types of firewood

ROAD/Distr. Tape Well River,

canal

Flushe septic

Latrines

Water surface

Firewood Cool Electr gas



TOTAL 100 0,0 0,0 100 0,0 0,0 0,0 0,0 0,0 100

Table 14: Possession of HH’s assets by the surveyed population, GH2 Bridge subproject

Possession of HH’s assets (unit)

ROAD/Distr.

Number of surveyed HHs (HHs)

Surveyed population (pers.)

Aver per capita month income (1000VND) Bi

cycl

es

Mot

orbi

kes

TV

Tele

phon

e

Vide

o

Com

pute

r

Elec

tr

rice

cook

er



TOTAL 83 423 590 56 109 84 65 81 36 80

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ng Consultants


Table 15- NGP: Estimated compensation cost of the Ganh Hao New Bridge Project TT Type of losses Unit Quantity Unit Price

(VND) Amount

I/ Đất 1 Residential land (perm.loss) - Ward 7 m2 1918.4 7,000 13,428,800 2 Residential land (perm.loss) - Ward 8 m2 2240.76 7,500 16,805,700 3 Special use land (perm.loss) m2 0 200 0 4 Garden/perenial crops land (perm.loss) m2 0 100 0 5 Agricultural annual crops land m2 0 60 0 Sub-Total: 30,234.500 II/ Houses and other structures: 6 Roof m2 5875.5 250 1,468,875 7 Temporary houses m2 2001.1 220 440,242 Total: 1,909,117 Trees and crops: 8 Annual crops m2 0 1.2 0 9 Fruit trees (different) nos 0 0 10 Wood trees nos 0 0 11 Bonsai 0 100 0 Sub-Total: 0 Allowance and rehabilitation assistances: Rehabilitation subsistance allowance Manmonth 39*3 450 52,650

House rent assistance household 5 1500 7,500 Allowance rehabilitation Manmonth 39*3 150 17,550

Training assistance (fee& allow) Manmonth 20 1,500 30,000 Special business assistance household 0 1,500 0,000 Incentive bonus for relocating HHs household 39 1,500 58,500 Sub-Total: 166,200 III/ Total compensation base cost household 200,000 12 Infrastructure (10%) 3,206,958 1,000VND 35,716,775 U$D ~ Admin &RP’s updating cost 200,000 External monitoring cost 100,000 Contingency (10%) 3,571,677

GRAND TOTAL RP’s implementation cost 1,000VND 39,588,452

U$D ~

nam

ng Consultants


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