Vietnam emergency flood disaster reconstruction project resettlement plan resettlement due diligence review for luat le dyke at tuy phuoc district, binh dinh province (english, vietnamese)

VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT – BINH DINH PROVINCE RESETTLEMENT DUE DILIGENCE REVIEW LUAT LE DYKE, TUY PHUOC DISTRIC WORK: REHABILITATION AND UPGRADING OF H

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VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION

PROJECT – BINH DINH PROVINCE

RESETTLEMENT DUE DILIGENCE REVIEW

LUAT LE DYKE, TUY PHUOC DISTRIC

WORK: REHABILITATION AND UPGRADING OF HA THANH RIVER

DYKE SUBPROJECT, TUY PHUOC DISTRICT

BINH DINH PMU OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT

Prepared by Binh Dinh PMU for Construction Investment Works for Agriculture And Rural Development

March 2018

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BINH DINH PROVINCIAL PEOLE’S COMMITTEE BINH DINH PMU OF CONSTRUCTION INVESTMENT WORKS FOR

AGRICULTURE AND RURAL DEVELOPMENT

VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION

PROJECT – BINH DINH SUBPROJECT

RESETTLEMENT DUE DELIGENCE REVIEW

LUAT LE DYKE, TUY PHUOC DISTRICT

WORK: REHABILITATION AND UPGRADING OF HA THANH RIVER DYKE

SUBPROJECT, TUY PHUOC DISTRICT

March 2018

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Resettlement Due Diligence Review for Luat Le Dyke - Tuy Phuoc district, Binh Dinh Province

TABLE OF CONTENTS

PART I: INTRODUCTION 7

A Overview 7

B Impact Scope 8

C Implementation Process of the Compensation and Resettlement 8

D Objectives of the Resettlement Due Diligence Report 9

PART II: DUE DILIGENCE REVIEW 10

A Methodology 10

B Summary of DMS and Compensation Options 10

C Outstanding Issuses Error! Bookmark not defined D Socio-economic Status Of Surveyed Households 12

1 Socio-economic Conditions Of Affected Area 13

2 Socio-economic Conditions Of Affected People 15

E Assessment of the Compensation and Resettlement 16

1 Inventory of Loss and Compensation & Support Payment 17

2 Relocation 18

3 Income Restoration Program 18

4 Grievance Redress Mechanism 18

5 Information Disclosure and Community Consultation 19

6 Monitoring 20

7 Compliance Matrix 20

8 Recommendations and Implementation Arrangement 24

PART III: ANNEXES 25

APPENDICES Annex 1: Socio-Economic Questionnaire And List Of AHs In Dieu Tri Town 25

Annex 2: Decisions And Legal Documents Applied For The Subproject 29

Annex 3: Project Information Booklet (PIB) 33

Annex 4: Socio-Economic survey 35

Annex 5: Some Photos about Current Status of the Project Site and Public Consultation 43

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LIST OF TABLES

Table 1: Summary of impacts in Tuy Phuoc district 8

Table 2: Total cost for compensation, support and resettlement – Tuy Phuoc district 11

Table 3 Summary of socio-economic conditions in Tuy Phuoc district 13

Table 4: Socio-economic conditions of Dieu Tri town 14

Table 5: Summary of demographic characteristics in affected households 15

Table 6: Summary of education level of householders 15

Table 7: Total average income/people/month of AH 16

Table 8: Consultation time and locations 20

Table 9: Summary of discussions and comments at consultation meetings 20

Table 10: Compliance Matrix 21

ABBREVIATIONS

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DEFINITIONS

Affected persons (APs) Individuals, organizations or businesses that are directly

affected socially and economically by WB-funded projects caused by the involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also

Cut-off-date Is the date when the PPC issues the Notification of Land

acquisition for the relevant project (Article 67.1 of Land Law 2013) before implementation of detailed measurement survey Affected persons and local communities will be informed of the cut-off date for each project’s component, and that anyone moving into the project component areas after that date will not be entitled to compensation and assistance under the Project

Eligibility The criteria to receive benefits under the resettlement program Entitlements Include compensation and assistance for APs based on the type

and extent of damage

Income (livelihood)

restoration

A set of activities to be provided to the affected people who lost income sources or means of livelihoods to restore their income and living standard, as equal to or better than pre-project level Inventory of Losses

(IOL)

Is process of accounting for physical assets and income affected

by project

Livelihood A set of economic activities, involving self-employment, and or

wage employment by using one’s endowments (both human and material) to generate adequate resources for meeting the requirements of the self and household on a sustainable basis with dignity

Project impact Any consequence immediately related to the taking of a parcel

of land or to restrictions in the use of legally designated parks

or protected areas People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access

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

assets and cover transaction costs For losses that cannot easily

be valued or compensated for in monetary terms (e.g access to public services, customers, and supplies; or to fishing, grazing,

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or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities

Resettlement In accordance with the World Bank’s Operational Policy on

Involuntary Resettlement (OP 4.12), it covers the involuntary taking of land that results in (i) relocation or loss of shelter, (ii) loss of assets or access to assets; or (iii) loss of income sources

or means of livelihood, whether or not the affected persons must move to another location

Severely Displaced

Person

Means DPs who will (i) lose 20% (10% for vulnerable households) or more of their total productive land and assets and/or more of their total income sources due to the Project, (ii) have to relocate

Stakeholders Any and all individuals, groups, organizations, and institutions

interested in and potentially affected by a project or having the ability to influence a project

Vulnerable groups Groups of people who might suffer disproportionately or face

the risk of being further marginalized by the effects of resettlement and specifically include: (i) women headed household (single, widow, disabled husband) with dependents, (ii) disabled (loss of working ability), the elderly alone, (iii) poor people according to the criteria issued by the MOLISA, (iv) the landless, and (v) ethnic minority people

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EXECUTIVE SUMMARY Introduction

1 The Government of Vietnam has received a loan from the International Development Association (“the Bank”) under the loan No 6074-VN” funding the Vietnam Emergency Natural Disaster Reconstruction Project including Binh Dinh, Phu Yen, Ninh Thuan, Quang Ngai and Ha Tinh provinces (hereafter called the ENDR1) The project development objectives will be achieved by rebuilding key infrastructure assets based on a ‘build back better’ approach emphasizing all stages of infrastructure life cycle from design, construction to maintenance and strengthening institutional capacities for climate and disaster reconstruction management

2 For Binh Dinh subproject, various works were proposed for emergency reconstruction and rehabilitation In which, the Rehabilitation and Upgrading of Ha Thanh River Dyke Subproject, comprising of 03 items: 1) Luat Le Dyke; 2) Embankment of Ha Thanh river bank

in Phuoc My commune; and 3) Embankment of Ha Thanh river bank, Van Canh district was proposed in the priority list of the subprojects for the second phase However, due to serious degradation and soil erosion situation occurred recently which was extremely dangerous affecting local peoples’ lives and properties along the river bank, Binh Dinh Provincial People’s Committee (PPC) decided to put it into the first priority for rehabilitation According to the decision, Binh Dinh PMU has coordinated with Tuy Phuoc district’s People’s Committee (DPC) and Land Fund Development Centre (LFDC) to carry out the compensation, assistance and relocation for 13 affected households resettling along the right bank of the river to the newly-established resettlement area

Objectives of the Due Diligence Review

3 By the fact that the Ha Thanh river bank erosion was seriously and dangerously happening which required immediate relocation of the households, Binh Dinh province has carried out compensation, support and resettlement for households with the absence of the RAP prepared and approved To ensure the compliance with the approved RPF, this Due Diligence Review (DDR) report is prepared by Binh Dinh province to review and carry out assessment on resetlement and compensation, and relocation to ensure the compliance with the approved project RPF

4 For this purpose, the objective of the DDR report is to assess whether or not the compensation, support and resettlement have complied with the approved RPF, and if AH’s livelihood is restored, or improved as pre-project implementation, and to propose corrective action plans if necessary to fullfil any gaps found to meet the requirements

Subproject Impacts

5 The Detail Measurement Survey (DMS) was carried out by Tuy Phuoc LFDC, Binh Dinh province in March 2017 and fully finished in October 2017 Accordingly, the results showed that there are 16 households affected by the subproject, of which 13 households fully affected by loss of house, structures, and crops and trees and land (along the safety corridor of the river dyke) whom required to be relocated 3 households affected with crops and trees It acquired total 1,874.31m2 of land, in which (i) 1,574.31 m2 land area from 13 households and other affected assets such as land, structure, annual and perennial trees and (ii) 300m2 from 3

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households affected with crops and trees which was grown on the land that temporary borrowed from Dieu Tri town Because all affected land area are along the safety corridor of the river dyke (being managed district authority), it was not eligible for compensation, but the affected people was compensated, supported for all structure/crop thereon Among the affected households, there are 4 vulnerables

6 As of February 2018, the compensation, support and resettlement in Tuy Phuoc was completed with an amount of VND1,533,732,000 (for households affected with trees, houses, structures) and total aforesaid area was handed over the Subproject 16 households have received compensation, support amount and they are constructing their house in residential area in Luat

Le village, Dieu Tri town, Tuy Phuoc district

Due Diligence For Acquisition, Compensation And Resettlement

7 Currently, 16 AHs have received total compensation and support payment, handed over land to the Project in February 2018 and 13 households were removed to the newly-established resettlement area nearby The compensation plan was consulted with affected people and in line with GoV and Binh Dinh provincial regulations The resettlement site is in Luat Le village, Dieu Tri town, Tuy Phuoc District (with an area of approximately 8,200 m2) This is available resettlement area in the district which is constructed with the standard of category IV for technical infrastructure These households relocated to the land plots in the above resettlement site and built their houses It is observed that the resettlement site has been fully developed with basic infrastructures such as power, water, asphalt road

8 Beside from relocation of the 13 affected households to resettlement site equipped with full infrastructures and other supports during transition period (transportation supports, rental allowances…), none of the 16 affected households affected with productive land or business and considered severely affected (impact by loss of 20% or more of their productive land, and 10% for vulnerable) The income restoration program for job creation is not applicable

9 In addition, the DDR indicated that there are 4 vulnerable households affected by the subproject but support for vulnerable was not provided as regulated in the project RPF, with support of VND 2,000,000 per each household

10 According to the result of survey with all affected households (questionnaire survey, consultation meeting with affected households, in-depth interview) conducted by Safeguard Consultant employed by Binh Dinh PMU, it is confirmed that except for pending of support for vulnerable households, the compensation and site clearance of the subproject complies with GoV’s compensation policy and project resettlement policy framework At the same time, the compensation and resettlement are acceptable by the affected households

Implementation Arrangement and Recommendations

11 As DDR results showed, the compensation, support and resettlement of Luat Le dyke has been completed, except for pending of supports for vulnerable households After release of this supports, the resettlement implementation could be considered to be in accordance with the GoV’s policies, and in line with the project resettlement policy framework The DDR report is submitted to WB for review and approval so that civil works will be awarded for construction in Qarter II, 2018

12 Binh Dinh PMU will carry out internal and external monitoring for following-up activities to ensure that the AH’s livelihood will be at least restored or improved as to pre-project level

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PART I: INTRODUCTION

A Overview

1 The Government of Vietnam has received a loan from the International Development Association Bank (“the Bank”) under the loan No 6074-VN” funding the Vietnam Emergency Natural Disaster Reconstruction Project including Binh Dinh, Phu Yen, Ninh Thuan, Quang Ngai and Ha Tinh provinces (hereafter called the ENDR2) The project development objectives will be achieved by rebuilding key infrastructure assets based on a ‘build back better’ approach emphasizing all stages of infrastructure life cycle from design, construction to maintenance and strengthening institutional capacities for climate and disaster reconstruction management

2 The Rehabilitation and Upgrading of Ha Thanh river dyke subproject, Luat Le dyke is under the Component 1 of the ENDR project – Binh Dinh subproject, implemented to prevent flood and protect residential area, agricultural land and infrastructure in downstream of Ha Thanh river, covering Dieu Tri town and part of Tuy Phuoc town in Tuy Phuoc district Also, it will contribute to stablizing the river banks and improving transport conditions as well as creating beautiful environmental landscape

3 Luat Le river dyke was approved by Binh Dinh PPC at the Decision No 1104/QĐ-UBND dated 30/3/2017 approving the Rehabilitation and Upgrading of Ha Thanh river dyke subproject under the ENDR project-Binh Dinh subproject with the following contents:

- Class and Category: Agriculture and Rural Development work, IV

- Design steps: 2 (basic design and as drawing design)

- Basic design method:

 Designed frequency of water level and flow rate: P=10%

 Length of dyke: 3,555m

 Elevation of dyke peak: ranges from +7.00m to +6.00m

 Dyke surface structure: width of 5m, consolidated by reinforced concrete with stone of 2x4, M250, thickness of 20cm, in combination with transport purposes

 Structure of dyke body: Backfilling of hilly soil, compacted at K=0.95

 Structure of dyke roof: the roof is reinforced by concrete slab (45x45x10)cm, macadam 2x4 lean layer with thickness of 10cm and 1 layer of geotextile in the reinforced concrete frame M200 stone 1x2, dimension bxh = (25x30)cm, long span segment is 11.65m by asphalt oil paper The side to rice field is planted with grass

- Coefficient of dyke roof: to the river and to the rice field m = 2

- Reinforcement of dyke foot: Segments with river terraces are consolidated by reinforced concrete M200, dimension bxh = (25x50)cm Section through river bed is strengthened by reinforced concrete M200, dimension bxh = (25x50)cm on the rubber toe drain with the peak of 1.25m, roof coefficient is m=1.5

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- Structure: 04 drains through the dyke

B Impact Scope

4 The subproject runs through Dieu Tri town, Tuy Phuoc district with total length of 3.5

km Although mitigation measures for permanent land acquisition have been studied and considered in the technical design, but land acquisition by the subproject is unavoidable There are 16 AHs, including 13 households affected with house and assets (along safety corridor of the dyke) and 03 households affected with crops and trees

5 There are 1,874.31 m2 land acquired from (i) 13 households affected by loss of houses, structures, annual and perennial trees and in need of relocation; (ii) 3 household by only loss of crop and trees It is calculated that among the affected households there are 4 households who are considered vulnerable households3 Details are shown below:

Table 1: Summary of impacts in Tuy Phuoc district

+ Number of households affected with houses, structures and

+ Number of households affected by loss of crop and tree HH 3

C Implementation Process of the Compensation and Resettlement

7 As of February 2018, the compensation and support for the affected land and structures are totally completed The implementation process includes:

- Notification of land acquisition, Document No 878/UBND-KT dated 07/03/2017 of Chairman of Binh Dinh PPC on implementation of Luat Le dyke subproject, Dieu Tri town under ENDR Binh Dinh

- Detailed measurement survey: carried out in March 2017 in each household (see Annex 3)

working ability) (1 HH), poor households (1HH)

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- Decision on approval for compensation options: approved under the Decision UBND dated 05/10/2017 of Tuy Phuoc district PC (see Annex 2)

No.4733/QD Compensation payment4: implemented and completed in October 2017 All affected households have received compensation payment and constructed their new houses in project resettlement site since then Most of the AHs have resided in the resettlement area since February 2018

8 Turn -over of land: the affected households have received compensation and constructing house in the Project’s resettlement area Out of 16 affected households, there are 13 relocated households Up to now, 100% households had received compensation, land in the resettlement site of Luat Le village with fully provision of basic infrastructure (power, water) All of affected households have built and relocated to their new houses for living

D Objectives of the Resettlement Due Diligence Report

9 By the fact that the Ha Thanh river bank erosion was seriously and dangerously happening which required immediate relocation of the households, Binh Dinh province has carried out compensation, support and resettlement for households with the absence of the RAP prepared and approved To ensure the compliance with the World Bank’s Involuntary Resettlement policy as set forth in the approved RPF, this Due Diligence Review (DDR) report

is prepared by Binh Dinh province to review and carry out assessment on resetlement and compensation, and relocation to ensure that the World Bank policy and requirenments are met

10 For this purpose, the objective of the DDR report is to assess whether or not the compensation, support and resettlement have complied with regulation of the GoV and in line with the WB’s objectives on involuntary resettlement (OP 4.12), and if AH’s livelihood is restored, or improved as pre-project implementation, and to propose corrective action plans if necessary to fullfil the requirements

authorities have held consultations and diseminated information about compensation rate to AHs The rate is equal to market rate

at the time of payment and with consent of AHs

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PART II: DUE DILIGENCE REVIEW

A Methodology

11 The Resettlement Due Diligence Review is prepared in accordance with the Resettlement Policy Framework and Social and Environmental Management Framework was adopted in August 2017 Specific activities are:

- Study and check the subproject documents provided by relevant agencies as LFDC of Tuy Phuoc district, Dieu Tri town to ensure that the documents comply with requirements of the GoV and Donor’s objectives

- Carry out site survey and public consultation with affected people, relevant agencies to collect quantitative and qualitative information for assessing the performance and effectiveness of the Subproject

- Assess the compliance of compensation, support and resettlement of the Subproject with WB’s objectives, policies on involuntary resettlement (OP 4.12), propose revised and supplemented measures (if any) to ensure that people’s livelihood is remained or better than before Subproject implementation

12 According to above methods, site survey was conducted from 06/02/2018 to 28/02/2018

in Dieu Tri town, Tuy Phuoc district, Binh Dinh province Accordingly, there 16 AHs were surveyed with questionnaires and consulted (in-depth interview and focus group discussion) in issues related to land acquisition, site clearance and resettlement of the Subproject

B Summary of DMS and Compensation Options

13 According to collected information and detailed measurement survey carried out in March 2017 in Tuy Phuoc district, the survey was well conducted in project-affected area, namely (i) affected households were informed about land and asset measurement time and participated in measurement process as well as signed in the measurement minutes; (ii) Land measurement is implemented mechanically by measurement unit and local cadastral map is made

1 Impacts on Land And On-Land Assets

14 There are 16 households affected by the subproject, including 13 households affected with houses (along the dyke), requiring of relocation and 03 affected with trees and crops It is calculated that the subproject acquired with total area of 1,874.31 m2 of land from all 16 households Accordingly, 13 households fully impacted with house and requiring relocation Specifically:

- Impacts on land: 16 households have land permanently acquired (land along safety corridor of the dyke and being managed by district authority) In which, (i) total affected area of 1,574.31 m2 from 13 households by entire lose of their house and structure and have to relocate; and (ii) 300m2 from 3 household affected by loss of crop and tree only The whole affected land area are along the safety corridor of the river dyke (being managed by district authority), cash compensation shall not be made, but all houses, structures, crops and trees are fully compensated

- Structures and House: There are 13 households severely affected by loss of entire houses and structures and have to relocate

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- Trees and Crops: the subproject has impacts on trees and crops of all 16 households, consisting of 1,101 affected trees and plants (153 fruit trees and 948 timbers)

- Vulnerable Group: Out of 16 affected households, there are 4 vulnerable ones (including 1 poor household, 1 household with the disable and 2 female headed households with dependents)

2 Total Cost For Compensation And Support

15 The compensation rate for affected houseolds is identified by district PC based on the site survey results and under the Decision No 66/2016/QĐ – UBND dated 13/12/2016 of Binh Dinh PPC regulating revision and supplementation of land price in 2015 (five-year period in Binh Dinh province) and Decision No 41/2013/QD-UBND dated 16/12/2013 issuing the compensation rate on house, structure and Decision No 21/2017QD-UBND dated 19/5/2017 of Binh Dinh province on compensation rate on trees and crops applied for the compensation and site clearance of the Rehabilitation and Upgrading of Ha Thanh river dyke – Luat Le dyke in Dieu Tri town, Tuy Phuoc district Given these Decisions which have been issued and publicized by Binh Dinh PPC, the compensation unit prices applied by the subproject have been updated annually by independent pricing valuer, which its result is closed to market price at the time of DDR preparation and perceptions of local people surveyed Therefore, based on the Bank’s requirements on OP4.12, the DDR assessed that the replacement costs applied for the project compensation are acceptable

16 The compensation and support cost is VND 1,533,732,000 equivalent to USD 67,565 The cost is from counterpart fund of the GoV Cost estimate for compensation and resettlement covers amounts for RAP preparation and implementation, cost management, resettlement internal monitoring Detailed budget allocation is updated in the RAP- Tuy Phuoc district, Binh Dinh province:

Table 2: Total cost for compensation, support and resettlement – Tuy Phuoc district

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C Socio-economic Status Of Surveyed Households

19 The socio-economic and resettlement survey was carried out with 100% AHs (16 HHs),

in which 13 households by loss of houses/structures and have to relocate and 03 households affected with trees The questionnaires were prepared based on local people’s awareness In Dieu Tri town, the Consultant has held a focus group discussion and in-depth interview with related officers, including staffs of town PC, representative of Women’s Union, Farmer’s Association, Fatherland front Besides, related documents are studied and collated so that the socio-economic survey can produce the best results Details about socio-economic conditions of affected area and AHs are as follows:

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1 Socio-economic Conditions Of Affected Area

20 Binh Dinh is the coastal province of South Central Region It has about 6,025 km² with

11 administrative units, including Quy Nhon city and 10 districts, communes The North borders Quang Ngai province with the Northmost at 14042’10” lattidue, 108055’4” longitude; the South borders Phu Yen province with the Southmost at 13039’10” lattidue, 108054’00” longitude The East borders the East Sea with the coastline at 134km long, the Eastmost at Nhon Chau commune, Quy Nhon city Binh Dinh is situated in a strategic position which is favorable for socio-economic development of the Central, and is among gateway to the sea of Tay Nguyen province, Southern Laos and Northeastern Cambodia

21 Population of Binh province in 2016 is 1.524,6 million (in which 51.5% female and 48.9% male) There are 31.1% (473.8 thousand) urban population and 68.9% rural population There are different ethnic people living in the province, including 98% Kinh people; 1.14% Ba

Na people; 0.4 Hre people, 0.2 Cham people and 0.26% other people Average population density is 250.3 people/km2 provincewide The population is unevenly distributed, specifically 31-115 people/km2 in mountainous area, 497-854 people/km2 in coastal plain area and about 1,000 people/km2 in urban area

22 Tuy Phuoc district is a large plain district in the south of Binh Dinh province Topographically, it borders Phu Cat and An Nhon districts to the North and the Northwest; borders the sea to the East, Quy Nhon city to the South; Van Canh to the West

23 Economic growth rate of the district remains at average level in comparision to the level

of the province: the figure of Tuy Phuoc district’s GDP is 8.58% on average The economic structure tends to restructure postively toward industrialization, modernization and step-by-step exploitation of the district advantages

24 Population of Tuy Phuoc district as of 2016 was 184,720 with a density of 840 people/km2 There are 26,157 people in urban area, making up 14.2% of the district population The poverty rate is quite low, about 3% Natural land area is 21,987ha, including 10,403ha of agricultural land, accounting for 47.3% area of the whole district

Table 3 Summary of socio-economic conditions in Tuy Phuoc district

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Source: Statistical yearbook of Tuy Phuoc district, 2016

25 Socio-economic conditions of Dieu Tri town Dieu Tri is the focal point connecting the East and the West axis of Tuy Phuoc district; has Dieu Tri terminal station and is run through

by more than 2km of national highway which is significantly favorable for economic development Urbanization in the town is quite fast In recent years, local economy has been rapidly developed

26 The subproject covers about 5.7km2 with 14.487 people of the town 49% work in trade and services, 47% engage in industry, handicraft and construction, and only 4% work in agriculture

27 In the town, there is a high rate (95%) of households using hygenic water sources which are tap water or from drilled well; The figure of using hygenic toilet is 92% with various type of septic, semi-septic and two compartment toilets

28 In 2016, the poverty rate in the town remained low with 5.4%; the rate of people participating in health insurance is 82.7% Socio-economic conditions of the town is in following table:

Table 4: Socio-economic conditions of Dieu Tri town

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Soure: Socio-economic report in 2016 of Dieu Tri town, consultation with local officers

2 Socio-economic Conditions Of Affected People

No.of people

Rate of female

Age (%) 0-5 6-18 19-

Table 6: Summary of education level of householders

Commune/town Primary school

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 Occupation

31 The survey shows that average income of affected householders ranges from 1.5-2 million/person/month, in which 81.2% income is from agriculture, but this is the income from householders but not including income from their children In addition, the survey indicates that there are about 78.6% households do extra jobs such as mason, free labors to increase their income Therefore, it is the fact that their main occupation is from agriculture production

32 Apart from 16 surveyed householders, there are 18 people are at working age They mainly work in agriculture and 11% (2 persons) work as free labor, hired labor and 5.5% (1 person) are housewives

 Income

33 Main income of AH householders is from agricultural production (81.2%); free labor and hired labor (18,8%) Average income/people/year of AHs is as follows:

Table 7: Total average income/people/month of AH

<500,000

501,000-1,200,000

2,500,000

1,201,000-4,000,000

2,501,000->

4,001,000

Total

(Source: Socio-economic survey, Feb/2018)

34 Although, main job of surveyed households is agricultural activity but due to low productivity, their main income rate of the households is not from agriculture, but other secondary jobs There are 5 households having primary income from agriculture (31.3%) and 11 households have main income from free labor and hired labor (68%), as secondary incomes

35 Water use: 100% AHs using water from drilled wells for domestic use and washing No household has to beg for water from neighbors In the project area, no household use water from pond, river for domestic activities and food

36 Toilet: 100% of AHs have used septic toilets in their families There is no household using public toilets or having no toilets

37 Waste collection – Environmental sanitation: Currently, 100% AHs within the project area have no waste collection system, their wastes are thrown into gardens or coastal areas

38 Power use: Electricity of AHs has been connected with national grid These households using electricity for lighting and watching TV Gas or power are used for cooking

39 Domestic utilities: Throughout the field survey, 100% of households have motorbikes and bicycles, 100% have televisions, 56.5% have stereos and 100% have mobile phones

40 Poor and vulnerable households: Of 16 surveyed households, there are 4 vulnerable households, (2 female headed households with dependents and 1 household with the disable, 1 poor household) No ethnic minority household is found in this area

D Assessment of the Compensation and Resettlement

41 As mentioned above, total land acquired for the construction of Luat Le dyke is 1,874.31 m2 and the area is entirely acquired by Tuy Phuoc district Land Fund Development Center as of February 2018; and 16 affected households were compensated and supported Of these, 13

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displaced households moved to Luat Le resettlement site in Luat Le village, Dieu Tri town, Tuy Phuoc district The implementation of land acquisition, compensation, support and resettlement

of Luat Le dyke subproject is assessed as follows:

1 Detail Measurement Survey and Compensation & Support Payment

42 The DMS was carried out in compliance with GoV procedures and regulations set forth

in project RPF The consultation with affected people on accuracy of DMS showed that 100% of surveyed households confirmed that they participated in the DMS process and they signed in the DMS form, 100% respondents said that inventoried data is accurate Also, the respondents said that the DMS results were publicly disseminated and all of them agreed with the results

43 Compensation rate:

 Land: 16 affected households resided on the land along the safety corridor of the dyke being managed by district authority So compensation for land was not paid in cash Instead, for 13 AHs requiring relocation, they have been allocated with land plot(s) in the resettlement area, land-use fee paid by AH, with price (of land plot) equal to one-fourth

of the market price Actually, the AH had to pay at price of VND60 million per plot of land, instead of VND240 million per plot as market price), the difference is subsidized

by the government According to the consultations with AHs, they are totally satisfied with the policy, because their residence during pre-project is temporary, without LURCs; and now they are fully and legally supported to get Building Ownership and Land Use Right Certificate (BOLURC)

 Buildings, structures, trees and crops is compensated with the unit price issued by the Provincial People's Committee According to the replacement cost survey results5, this applied unit price is suitable to market price at time of the DDR preparation; and all surveyed affected people agreed with the price

 Other assistances: In addition to compensation for land (for affected land area) and cash (for affected houses, structures, and crops), the affected households also received other assistances such as relocation, rental allowance (during construction of house in ressettlement area, incentive bonus, etc to ensure life stabilization in the transition period However, the DDR indicated that there is no assistance for vulnerable households As proviced in the project RPF, these vulnerable households should have been received an allowance of VND 2,000,000 per households)

44 In short, it is indicated that the affected household have been assited in compensation, support and resettlement by provision of land plots in project resettlement site; and compensated, supports for all their house/structures affected The DDR confimed that except for pending of support for vulnerable, the applied compensation rate is equal to market price at time

of the DDR preparation and acceptable to AHs

45 Compensation payment: Compensation options are disclosed in town PC and directly disseminated to AHs, for disclosure purpose Compensation payment is made based on the DMS acceptable to AHs It is confirmed that it is implemented in compliance with WB’s and GoV’s policies

by checking unit prices for construction materials from 03 separate quotations, for structures and assets and comparing with market prices for crop and trees

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46 At the time of the field survey in February 2018, 16 AHs were compensated and assisted Total compensation payment is VND 1,533,732,000 Affected households said that the received amounts are consistent with the figure in the receipt and without any deduction The households proposed to hold a copy of the inventory minutes and compensation receipt

2 Relocation

47 Out of 16 affected households, there are 13 displaced households Up to now, 100% households have received compensation and handed over land for construction Resettlement households are located in the resettlement site of Luat Le village, Dieu Tri town, Tuy Phuoc district (with an area of approximately 8,200 m2) This is available resettlement area in the district which is constructed with the standard of category IV for technical infrastructure, the basic infrastructure ready for use (power and water)

48 These households relocated to the land plots in the above resettlement site and built their houses Each household was given a land plot with an area of 120m2 and has to pay land use fee equal to one fourth of market land value This is one of the special support policies of Binh Dinh Province to ensure living stability of people in the eroded areas in river bank erosion and strongly affected by natural disasters According to the survey, people are strongly supportive of the province’s policy thanks to its helpfulness in living stabilization for people in the areas that are affected strongly by annual storms, floods and natural disasters Affected households in process of acquiring LURC received administrative procedures assistance The local authority is

in processing of providing LURC for these households

3 Income Restoration Program

49 Beside 13 affected households relocated to resettlement site equipped with full infrastructures and other supports during transition period (transportation supports, rental allowances…), none of the 16 affected households affected with productive land and considered severely affected (impact by loss of 20% or more of their productive land, and 10% for vulnerable) So the DDR indicated that income restoration program for job creation is not essential

4 Grievance Redress Mechanism

50 Compliance and grievance redress performance are assessed in two aspects: (i) Grievance redress mechanism; and (ii) grievance redress time Grievance redress mechanism is developed within RPF and has been already disseminated to affected people through community meetings Grievance redress mechanism complies with policy framework of the subproject Complaint records are filed to keep track of complaint handling progress

51 Up to now, there has been no complaint related to land acquisition and clearance of the construction of Luat Le dyke However, the subproject has established a mechanism for collection and resolution of specific complaints to ensure affected people’s rights when they are unsatisfied with the solutions or when they encounter into any problems arising in the course of compensation, assistance and resettlement (if any) Complaints will be handled to by competent officers and directly responsible person in-charge in Site Clearance and Compensation Council

at all levels In addition, an independent monitoring consultant will be established and work throughout the subproject to gather information from field surveys to support the Project Owner

in aware of feedbacks from local peoples on related problems as well as holding consultations for prompt solutions to such problems

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5 Information Disclosure and Community Consultation

52 In general, information dissemination and community consultation have been carried out throughout the subproject implementation and has been well performed in all affected communes Relevant documents such as DMS form, approved detailed compensation plans are publicly disclosed and informed local people especially the affected in the subproject area

53 Information disclosure and community consultation during the implementation of compensation, assistance and resettlement: Information disclosure and public consultations have been conducted throughout project implementation phase in order to disclose and disseminate the subproject information to Ahs and the communities in the subproject communes Aps are informed thoroughly of implementation plans on resettlement activities, including: (i) public consultation contents for works, implementation plan, site clearance plan, construction plan, (ii) detailed measurement survey, (iii) official and legal list of affected persons and entitlements, (iv) compensation volume and rate, (v) plan on compensation payment and other allowances, and (vi) other issues such as income restoration program for Aps, grievance redress mechanism, monitoring and evaluation Related notifications and documents must be made available at PC offices of affected town or cultural houses, or posted in easily visible places Project Information Booklet (PIB) is given to Ahs and made publicly at town People’s Committees, village cultural houses

54 For Luat Le dyke work, information disclosure and public consultations have been carried out from the preparation phase to implementation phase of compensation and resettlement to ensure that affected households and stakeholders are timely informed of land acquisition, compensation and resettlement as well as opportunities to participate in and express wishes and concerns related to resettlement activities According to the survey, most of the households responded that they were informed and understood about the subproject as well as the plan of resettlement activities in the district and were completely satisfied with information about the subproject information

55 Information disclosure and community consultation during DDR preparation: In the process of DDR preparation, many consultation meetings with affected households were held in February 2018 in order to discuss and evaluate impacts and ensure that feedbacks from local community will be reflected in the Report

56 As aforesaid in the previous section, at the preparation, 100% households have been compensated and assisted The information disclosure and public consultation with stakeholders carried out in February 2018 showed that Binh Dinh PMU, District Compensation and Support Council, LFDC and stakeholders implemented adequate steps form subproject information disclosure, compensation and assistance policies, consultation with affected households about land acquisition, construction and mitigation measures (Minutes of consultation meetings are shown in Annex 2)

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Table 8: Consultation time and locations

8/2/2018 Dieu Tri town

- Complaints, grievance and pending cases

(Source: Socio-economic Survey, February 2018)

57 Public consultations forms include meetings, interviews with individuals and focus group discussions Local people in affected villages are willing to discuss and share information Women and adolescent are invited and encouraged to raise their voice

58 Results of Information disclosure and Community consultation: Affected households and local people support the subproject implementation and are satisfied with the subproject compensation policies Besides, affected households reflect impacts as well as shortcomings of the subproject Details are summarized in the table bellow

Table 9: Summary of discussions and comments at consultation meetings

1 Dieu Tri town - The Ahs are strongly supportive for the project and satisfied with the

subproject compensation policy as well as the resettlement site

- 3 Ahs expect additional compensations for the structures, which have been eroded into the river

(Source: Socio-economic Survey, February 2018)

6 Monitoring

59 The implementation of grievance redress mechanism complies with the RPF approved by

WB The subproject compensation activities should be regularly monitored to ensure the compliance with planned schedule and that socially negative impact mitigation measures are adequately and effectively conducted Thus, the internal and independent monitoring will be conducted throughout subproject stages

60 Binh Dinh PMU is responsible for internal monitoring and overseeing of resettlement activities The PMU is responsible for quarterly submitting reports about updating progress of RAP to the WB

7 Compliance Matrix

61 Based on the assessment of compensation, assistance and resettlement, the compliance matrix is shown in the table below:

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IAC | 21

Table 10: Compliance Matrix

No Type of impacts Eligibility The subproject policy/ Entitlement regulated in RPF

Local applicable policy:

Decision No.34/2014/QD-UBND dated 22/12/2014; Decision No.66/2016/QD-UBND dated 13/12/2016; Decision No.41/2013/QD-UBND dated 16/12/2013; Decision No.21/2017/QD-UBND dated 19/5/2017;

Decision No.13/2015/QD-UBND dated 7/7/2015

of Binh Dinh PPC

Evaluation

unrecognized LUR

For those who are not been issued because their house is illegal constructed

on dyke corridors in accordance with regulations on no compensation or assistance

Ahs who have no place to reside will be handed over a land lot or an apartment in the resettlement area in the form of installment payment or renting

The AH will not be compensated or assisted

AH will be arranged with a land plot in resettlement area near the former residence, with land use fees

Complied (13 Ahs)

with/without LURC, with/without Construction Permission

Houses: to be compensated in cash as set forth in provincial regulations for the affected part In case the remaining part

is not viable for further use, it will be acquired and compensated under the request of affected people Compensation payment is sufficient provided to rebuild houses as the same with previous ones at current market cost

Other structures: to be compensated in cash with market price for materials and manpower

Detachable and movable machineries, production lines will be compensated with costs and broken-down (if any) in dismantlement, transportation and installation

Compensation price is in accordance with Decision No.41/2013/QD-UBND dated 16/12/2013 of Binh Dinh PPC

For houses and structures without construction permission in the planned locations in the city, upon the scope and legality of the land, houses and structures, the compensation and support will

be based on the proposal of the compensation and site clearance committee

Complied (13 Ahs)

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