Resettlement, Livelihoods and Ethnic Minorities Development Program (RLDP)

List of Tables in AnnexesTable A 1: Village Names, Impact Categories and Eligibility to main project RP, CLIP, EMDP...125 Table A 2: Population in 3 Districts in Core RLDP Area...127 Tab

Trung Son Hydropower

Project Management Board

Resettlement, Livelihoods and Ethnic Minorities Development Program (RLDP)

Final version – March 2010

Annexes

Annex 1 Project Area and Baseline Data 125

1.1 RLDP Villages 125

1.2 District Data 127

1.3 Average Commune Data in Main Project Area 127

1.4 Average Village Incomes 131

1.5 Poverty Incidence in Villages Affected by Main Project 132

Annex 2 Main Project Resettlement Plan 133

2.1 Resettlement Policy Framework 133

2.2 Numbers of Affected Households 156

2.3 Affected Households and Land Under Four Alternatives 159

2.4 Name List of Displaced Persons 160

2.5 Inventory of Losses and Value Assessment 179

2.6 Resettlement Site Planning 192

2.7 Provincial Unit Cost References 197

2.8 Replacement Cost Survey 216

2.9 Magnitude of Loss 219

2.10 Forms and Leaflets Used in Resettlement Plan 221

Annex 3 Community Livelihoods Improvement Plan 230

3.1 Unit Costs 230

3.2 Training and Technical Assistance Resources 233

3.3 Credit Access 236

Annex 4 Ethnic Minority Data 237

4.1 Population in Districts and Communes 237

4.2 Population in Affected Villages 237

Annex 5 Consultation Process 239

5.1 Completed Consultations 239

5.2 Consultation Feedback Integrated Into RLDP 240

Annex 6 Reference Documents 243

6.1 Documents in Project File 243

6.2 National Legal Framework References 245

6.2 World Bank Operational Policies 247

6.3 Official Project Documents 248

List of Tables in Annexes

Table A 1: Village Names, Impact Categories and Eligibility to main project RP, CLIP, EMDP 125

Table A 2: Population in 3 Districts in Core RLDP Area 127

Table A 3: Expenditure Poverty Estimated at District Level 127

Table A 4: Population, land use, incomes and education in 6 main affected communes 127

Table A 5: Access to Improved Water and Sanitation 129

Table A 6: Health Service Providers 130

Table A 7: Incomes and Income Sources in the Villages Affected by Reservoir Flooding 131

Table A 8: Population Registered as Poor and as Very Poor/Hungry 132

Table A 9: Forecast of Households to be Relocated 156

Table A 10: Displaced Persons Affected by Main Project 157

Table A 11: Households Loosing Land to Incoming Households in Resettlement Site 158

Table A 12: House holds Affected on Residential Land, House and Land 159

Table A 13: House holds Affected on Productive Land Only 159

Table A 14: Name List of Displaced Persons (Main Project) 160

Table A 15: Land Losses on Construction and Supporting Sites 179

Table A 16: Crop and Tree Losses on Construction and Supporting Sites 179

Table A 17: Land Losses in the Reservoir Area 180

Table A 18: Tree and Crop Losses in Reservoir Flooded Area 180

Table A 19: House Losses 188

Table A 20: Impact on Public Infrastructure 191

Table A 21: Relocation Site Capacity 192

Table A 22: Land Affected at Planned Resettlement Sites 192

Table A 23: Land Use and Land Development in Planned Resettlement Sites 193

Table A 24: Infrastructure in Planned Resettlement Sites 194

Table A 25: Water Supply in the Four Planned Resettlement Sites 196

Table A 26: Unit Costs Expected to be Applied for Land by Land Quality Category, Thanh Hoa and Son La Provinces 197

Table A 27: Unit Costs Expected to be Applied for Houses and Other Assets (Thanh Hoa) 198

Table A 28: Unit Costs Expected to be Applied for Fish Ponds (Thanh Hoa) 207

Table A 29: Unit Costs Expected for Displaced Graves (Thanh Hoa) 207

Table A 30: Unit Costs Expected to be Applied for Fruit Trees (Thanh Hoa) 207

Table A 31: Unit Costs Expected to be Applied for Timber and Ornamental Trees (Thanh Hoa) 209

Table A 32: Unit Costs Expected to be Applied for Crops and Medicinal Plants (Thanh Hoa) 210

Table A 33: Unit Costs Expected to be Applied for Flowers and Ornamental Plants (Thanh Hoa) 212

Table A 34: Unit Costs Expected to be Applied for Tree Crops (Thanh Hoa) 213

Table A 35: Unit Costs Expected to be Applied for Timber Operations and Care (Thanh Hoa) 214

Table A 36: Unit Costs Expected to be Applied for Compensation to Cut Timber Trees (Thanh Hoa).215 Table A 37: Local Construction Costs in Project Area 216

Table A 38: Market Prices for Trees and Crops in Project Area (VND) 218

Table A 39: Agricultural Land and Bamboo Area, Impacted and Remaining (Hectares) 219

Table A 40: Vulnerable Displaced Persons 220

Table A 41: Unit Costs for CLIP Menu of Activities 230

Table A 42: Research Institutes with Expertise in Sloping Land Cultivation 233

Table A 43: Mass Organizations 233

Table A 44: Vocational Training Centers 235

Table A 45: Available Credit Sources 236

Table A 46: Population by Ethnic Group in Project Area Districts 237

Table A 47: Population by Ethnic Group in Villages Affected by Main Project 237

Annex 1 Project Area and Baseline Data

1.1 RLDP Villages

Table A 1: Village Names, Impact Categories and Eligibility to main project RP, CLIP, EMDP

District Commune Village Impact

category

Host Comm- unity

RP

CLIP Category

EMDP

1 2 3

Mường Lát Trung Lý Tổ Chiềng-

Co cài

4 - Relocation

Mường Lát Mường Lý Tài Chánh 6 – New village 1 1 1

Mộc Châu Tân Xuân Pom Hiến –

Quan Hoa Thành Sơn Sơn Thành 5 – Access road

Quan Hoa Thanh Son Chieng Yen 5 – Access road

Quan Hoa Thanh Son Nam Thanh 5 – Access road

Quan Hoa Thanh Son Tan Huong 5 – Access road

Quan Hoa Thanh Son Thanh Tan 5 – Access road

Quan Hoa Trung Son Pao 5 – Access road

Mai Chau Vạn Mai Nam Dien 5 – Access road

Mai Chau Vạn Mai Thanh Mai 5 – Access road

Mai Chau Mai Hich Choi 5 – Access road

Status as of October 2009 Impact categories: main project except for 5 – access road New villages = planned resettlement sites.

EMDP also covers other villages in these communes and other project area communes unless it is demonstrated that there is no risk of impact on health and cultures

CLIP: 1: severely-affected villages: more than 50 percent of households are relocated or severely affected on land; 2: moderately affected villages: less than 50 percent of households are relocated or more than 5 severely affected on land; 3: no household is relocated and less than 5 households severely affected on land (Section 5.2).

1.2 District Data

Table A 2: Population in 3 Districts in Core RLDP Area

District Area Population

Population density

Standard error

1.3 Average Commune Data in Main Project Area

Table A 4: Population, land use, incomes and education in 6 main affected communes

Commune

Trung Son

Tam Chung

Muong Ly

Trung Ly

Tan Xuan

Xuan Nha

Table A 5: Access to Improved Water and Sanitation

pumping

water

0 (0,0) (0,0)0 (0,0)0 (0,0)0 (6,7)1 (0,0)0 (0,0)0 (0,0)0 (0,0)0 (0,0)0 (0,5)1Bamboo

channeled

water

14 (35,0) (62,5)25 (0,0)0 (56,0)14 (0,0)0 (37,0)8 (0,0)0 (20,0)5 (88,5)23 (12,5)1 (36,2)90

Raining

water

5 (13,0) (7,5)3 (0,0)0 (0,0)0 (0,0)0 (4,5)1 (4,0)1 (52,0)13 (7,7)2 (0,0)0 (10,1)25World

Vision’s (0,0)0 (0,0)0 (100,0)21 (0,0)0 (0,0)0 (0,0)0 (0,0)0 (0,0)0 (0,0)0 (0,0)0 (8,4)21

Toilets

Septic tank (18,0)6 (9,7)3 (0,0)0 (9,7)3 (3,2)1 (18,2)4 (6,5)2 (71,0)22 (0,0)0 (0,0)0 (16,5)41One

compartment

latrine

10 (25,0) (12,8)5 (0,0)0 (10,3)4 (2,6)1 (15,0)3 (30,8)12 (5,1)2 (23,1)9 (75,0)6 (20,7)52Two-

compartment

latrine

1(2,5) (0,0)0 (0,0)0 (0,0)0 (33,3)1 (0,0)0 (66,7)2 (0,0)0 (0,0)0 (0,0)0 (1,6)4One-time

used (75,0)30 (27,8)32 (100,0)24 (15,7)18 (10,4)12 (45,0)8 (7,8)9 (0,9)1 (14,8)17 (25,0)2 (61,2)153

Source: Health assessment (Ly and Surinder 2008).

Table A 6: Health Service Providers

No Commune Doctor Assistant Medical Nurses Elementary pharmacist Mid- wife Total

1.4 Average Village Incomes

Table A 7: Incomes and Income Sources in the Villages Affected by Reservoir Flooding

Comm

-une Village

Income source (VND 1000/year)

Annual Income per HH

Monthly Income per Person

Paddy rice

Upland rice Maize

ava

Cass- stock Fish Forestry

Live- farm income

1.5 Poverty Incidence in Villages Affected by Main

Project

Table A 8: Population Registered as Poor and as Very Poor/Hungry

Commune Village House- holds People

Poor Hungry more than 3 months per year No.

holds

House-%

No

holds

Annex 2 Main Project Resettlement Plan

2.1 Resettlement Policy Framework

The resettlement policy framework is a stand-alone document signed by the Prime Minister

of Vietnam and the World Bank This annex provides the full version of this document foreasy reference

SECTION 1 INTRODUCTION TO PROJECT

1 The Trung Son Hydropower Project (hereinafter referred to as Trung Son HPP) will be

constructed on the Ma River, primarily in the vicinity of Thanh Hoa province, with installedcapacity of 260 MW and an expected annual generation of 1055.3 million KWH The project

is intended to supply energy both to the regional power system and the Vietnam nationalgrid It also is expected to contribute to flood protection in the downstream area of Ma River,and to provide water storage for use in irrigation areas during the annual dry season

2 The project will construct a dam to create a reservoir with a full supply level (FSL) of 160

meters elevation, along with ancillary works (eg access road, transmission line…) Thereservoir and the construction site will cause land acquisition expected to total 1538.95hectares of land in six communes in three districts, namely Quan Hoa and Muong Lat inThanh Hoa Province and Moc Chau in Son La Province According to preliminary studiesconducted in 2005, an estimated 432 households will need to be relocated because ofconstruction works or submergence An additional 40 households are expected to berelocated because creation of the reservoir would otherwise leave them isolated Anestimated total of 75 households also will be affected by loss of productive land The area ofcrop cultivated land area to be submerged is estimated at 309 hectares Land acquisition,household relocation, and provision of compensation and other resettlement assistance isexpected to begin in 2009 and continue until the end of 2011

3 The Central Party and Government of Vietnam have both shown a strong interest in

ensuring fair and effective treatment of persons required to resettle, or who are otherwiseaffected by land acquisition for public investment projects In recent years, Electricity Vietnam(EVN) has paid increasing attention to restoring or improving the lives and livelihoods ofthose displaced by hydropower project construction

4 For domestically funded public investment projects, policies and principles regarding land

acquisition, compensation, and other resettlement arrangements have been established bythe Government on the basis of Decree 197/2004/ND-CP (dated 03/12/2004) onCompensation, Allowances and Resettlement in Case of Land Acquisition by theGovernment, and on the basis of Decree 84/2007/ND-CP (dated 25/05/2007) onSupplementary Regulations on Giving Land Use Certificate, Land Acquisition,Implementation of Land Use Right and How to Deal in Case of Claims, Appealing on Land

5 Trung Son HPP also will involve financial support from the World Bank, meaning that land

acquisition and resettlement principles and procedures must meet the requirements of bothWorld Bank OP 4.12 on Involuntary Resettlement and Vietnam’s regulations Where thereare discrepancies, the World Bank OP4.12 will be referred to The fundamental objective ofthis policy, as with Government of Vietnam policy, is to ensure that those affected by Bank-supported projects are fully compensated for lost land or other assets, and are providedsufficient opportunity to improve, or at least restore, their incomes and living standards

6 This document constitutes a Resettlement Policy Framework (RPF) for Trung Son HPP It

establishes the principles, objectives, and definitions to be used in resettlement planning andimplementation It defines affected persons and establishes eligibility criteria forcompensation or other forms of assistance, describes the legal and institutional framework,establishes modes of asset valuation and compensation payment, arrangements forconsultation and participation, and procedures for pursuing grievances This framework isbased on both domestic regulations and World Bank OP 4.12

7 Following acceptance by the World Bank and relevant Government of Vietnam officials,

this RPF shall be stipulated as guidance for the detailed planning and implementation of theTrung Son HPP land acquisition, resettlement and rehabilitation program The RPF applies toall aspects of the Trung Son HPP, including impacts associated with dam construction area,reservoir impoundment, area for resettlement activities and upstream or downstream impactsassociated with loss of access to land or other resources (Separate Resettlement Planshave been prepared to cover land acquisition and resettlement activities associated withconstruction of an access road to the Trung Son HPP construction area and an MV line.)

SECTION 2 PRINCIPLES AND OBJECTIVES

A Definitions

8 Displaced persons, households, communities and institutions (hereinafter referred to as

DPs) refer to those persons, households, communities and institutions defined as affected byloosing in full or in part of land, residence, or other assets or resources, as a result of TrungSon HPP, resulting in:

a) Relocation or loss of shelter;

b) Loss of assets or access to assets; or

c) Loss of income sources or means of livelihood, whether or not the affected persons mustmove to another location; and

d) The involuntary restriction of access to natural resources resulting in adverse impacts onlivelihoods

9 The term “replacement cost”1 refers to the method of valuation of land and assets yielding

an amount of compensation sufficient for actual asset replacement, including applicabletransaction costs Accordingly, compensation at replacement cost does not allow fordepreciation for age or wear, and is to be paid to the DP without deduction for taxes, fees orany other purpose The established replacement cost shall be approved by the authorizedagency before the compensation payment is made to DPs

B Policy and Planning Principles

lost assets and cover transaction costs In applying this method of valuation, depreciation of structures and assets should not be taken into For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard.

10 The principles outlined in World Bank OP 4.12 and Vietnam’s regulations have been

adopted in preparing this Policy Framework In this regard the following principles andobjectives apply:

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

b) When avoidance of land acquisition or displacement is not possible, resettlement-relatedactivities will be conceived and executed as development opportunities, to enable DP toshare in project benefits

c) Before land or other assets are acquired, Trung Son HPP will provide compensation atreplacement cost, and will otherwise provide assistance necessary to give DPs sufficientopportunity to improve, or at least restore, incomes and living standards

d) All DP residing, working, doing business or cultivating land in the project areas includingdam construction area, reservoir impoundment, area for resettlement activities and upstream

or downstream affected areas as of the date of the baseline surveys are entitled to beprovided with rehabilitation measures sufficient to assist them to improve or at least maintaintheir pre-project living standards, income earning capacity and production levels Lack oflegal rights to the assets lost (excluding assets that are under investigation of being stolen asregulated under the laws of Vietnam) will not bar the DP from entitlement to suchrehabilitation measures

e) 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)

agricultural land for land of equal productive capacity acceptable to the DP or in cash atreplacement cost according to DP’s choice ; (iii) replacement of residential/premise land ofequal size acceptable to the DP or in cash at replacement cost according to DP’s choice; and(iv) transfer and subsistence allowances; (v) any other measures as may be necessary toenable the DP to improve their living standards and earning capacity, or at least maintain them

at their pre-project levels DP will receive one or more than one or all of the above-mentionedrehabilitation measures depending on their losses

f) Replacement residential and agricultural land will be as nearby as possible to the land thatwas lost, and acceptable to the DP

g) The resettlement transition period will be minimized and the rehabilitation means will beprovided to the DP's prior to the expected start-up date of works in the respective project sites.h) Plans for acquisition of land and other assets and provision of rehabilitation measures will

be carried out in consultation with the DP, to ensure minimal disturbance Entitlements will beprovided to DP prior to expected start-up of works at the respective project site

i) The previous level of public infrastructure, community services and resources will bemaintained or improved

j) Financial and physical resources for resettlement and rehabilitation will be made availableand as where and when required

k) Institutional arrangements will ensure effective and timely design, planning, consultationand implementation of RPs

l) Effective and timely supervision, monitoring and evaluation of the implementation of RPswill be carried out.

m) The compensation and allowances in kind or in cash specified in this RPF will beprovided to DP only once for each entitlement and cannot be paid more than once.Payments may be made in instalments aligned to the implementation schedule, ifappropriate, and will be specified in RP

SECTION 3 LEGAL AND INSTITUTIONAL FRAMEWORK

A Legal Framework

11 This section reviews the legal framework and policies of the Government of Vietnam and

IDA policies related to land acquisition, compensation and resettlement It then comparesthe two approaches Since there are differences between the WB’s policy and theVietnamese’s, the project requires a waiver of the Vietnamese Government articles ofdecrees and regulations concerning compensation and resettlement Subsequently,compensation and resettlement plans will be developed and implemented according to thisRPF

12 The Legal Framework of the Government of Vietnam: The key national laws, regulations

and decrees governing land acquisition, compensation and resettlement in Vietnam include:a) The Constitution of Vietnam, 1992 confirms the right of citizens to own a house and toprotect the ownership of the house

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

c) Law of Construction 16/2003/QH 11, dated December 1, 2003

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

e) Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support andresettlement when land is recovered by the State

f) Circular 116/2004/TT-BTC issued on December 7, 2004 guiding the implementation ofDecree 197/2004/ND-CP of December 3, 2004 on compensation, support and resettlementwhen land is recovered by the State

g) Decree 188/2004/ND-CP of the Government of Vietnam issued on November 16, 2004

on methods to determine land prices and assorted land price brackets

h) Circular 114/2004/TT-BTC issued by November 26, 2004 guiding the implementation ofthe Government’s decree No 188/2004/ND-CP

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

j) Circular 69/2006/RR-BTC dated August 2, 2006 on revision and supplementation ofCircular 116/2004/TT-BTC issued on December 7, 2004 guiding the implementation ofDecree 197/2004/ND-CP of December 3, 2004 on compensation, support and resettlementwhen land is recovered by the State

k) Decree 84/2007/ND-CP of the Government of Vietnam dated May 25th 2007 on revision

of issuing LURC, land acquisition, implementation of land use right, procedure forcompensation, resettlement when land acquired by State and grievance redress

l) Decree 123/2007/ND-CP dated July 27, 2007 on revision and supplementation of someregulations in decree 188/2004/ND-CP of November 16, 2004 on methods to determine landprices and assorted land price brackets

13 Other regulations or administrative decisions with bearing on Trung Son HPP resettlement

planning and implementation include:

a) Decision No 02/2007/QD-TTg by the Government Prime Minister dated 09/01/2007 onthe issuing of policy framework on compensation, allowances and resettlement of Son LaHydropower Project

b) Temporary policy framework on compensation, allowance, and resettlement of Ban VeHydropower Project promulgated pursuant to Official Letter No 1174/CV-NLDK by the Ministry

e) Relevant decisions of PPC Thanh Hoa and Son La on compensation unit prices for lostassets and resettlement in these two provinces

B Comparison between Government of Vietnam and World Bank Approaches

14 There are a number of ways in which the approaches of the Vietnam Government –

either in policy or practice – are compatible with World Bank guidelines The most importantcompatibilities are:

a) On the issue of land tenure and the legal right to compensation, the Government andWorld Bank approaches are compatible Vietnam has a process whereby people withoutlegal land rights may meet conditions of legalization and receive compensation for losses up

to a rate equal to 100% of land price minus the taxes and fee for land use right registrationfrom 15 October 1993 (Article 42, 49 and 50 of 2003 Land Law)

b) Permanent residents are provided with options that include relocation to an improvedsite, or cash, or a combination of the two

c) Resettlement sites offer not only better improved infrastructure and services butrepresent a higher standard of living

d) Allowances are provided to help the DPs in the transition period and there is aninstitutional structure through which people are informed, can negotiate compensation, andcan appeal

dated December 3rd, 2004 that “…people who have land being acquired shall be

compensated with land of similar land use purpose If there is no land for compensation,cash compensation equal to land use rights value at the time of land acquisition shall beapplied If there is many differences in value, in case of compensation by new land or house,such difference shall be settled in cash” and Article 19 in the same Decree states that “…house and structure of domestic use of household or individual shall be compensated withthe value of construction of new house, structures of similar technical standard”

15 Differences between the approaches and measures that need to be addressed also exist.

However, in this context, procedures exist within national and province governments thatallow the granting of waivers of domestic law on specific projects that may be in conflict withthat of the funding agency

16 In cases where Vietnamese laws, regulations or administrative procedures are not

consistent with the requirements of World Bank OP 4.12, the Government of Vietnam hasagreed to meet Bank policy requirements It is the responsibility of the investment owner ofTrung Son HPP to obtain any necessary waivers

C Eligibility Criteria and Cut-Off Date

Eligibility

17 The fundamental objective of this RPF is to ensure that all DPs are fully compensated for

lost assets, and receive sufficient opportunity to improve, or at least restore, their incomesand living standards To achieve this objective, lack of legal title should not be a barrier tocompensation or alternative forms of assistance In Trung Son HPP, those eligible forcompensation and/or assistances include: (a) those who have formal legal rights to land orother assets; (b) those who initially do not have formal legal rights to land or other assets buthave a claim to legal rights based upon the laws of Vietnam and are certified by thecommune’s People’s Committee (PC); and (c) those who do not belong to (a) and (b) abovebut are certified by the commune’s PC that they have been using the land and assets on landbefore the cut off date

18 DPs covered under (a) and (b) are provided compensation at replacement cost for the

land (and any other assets) they lose, and other assistance Persons covered under (c) areprovided resettlement assistance (in cash or other forms) in lieu of formal compensation forthe land they occupy, and other assistance, as necessary, to achieve the objectives set out inthis RPF

Cut-off-date

19 To prevent opportunistic encroachment to obtain eligibility for compensation or

assistance, an eligibility cut-off date has been established, being December 10, 2008, 60days from the date that the investment owner approves the investment project During these

60 days, the investment owner shall inform the PPCs of the inventories of DPs and theirlosses Persons who encroach on the areas after the established cut-off date are not entitled

to compensation or any other form of resettlement assistance If cases arise in whichpersons claim they were inappropriately excluded from the census or inventory, the relevantDistrict and Commune People’s Committees can establish their eligibility for compensation orassistance by asserting that the persons were occupying or using land or other assets prior

to the cut-off date

New households after the cut-off-date

20 Those households splitting from the large families after the cut-off-date who meet the

following conditions will be eligible for resettlement benefits as stand-alone households:(a) Households splitting from a family with minimum of two couples and having minimum ofsix persons; and

(b) are allowed by the District authority, with verification of commune’s PC, to havehousehold split

D Institutional Framework

21 The responsibility for preparing and implementing the Trung Son HPP RPF and

subsequent Resettlement Plan (RP) is established as follows:

Trung Son HPMB

a) The overall responsibility for devising, gaining requisite approvals for, and implementing theRPF and the RP rests with the Trung Son Hydropower Project Management Board (Trung SonHPMB)

b) Trung Son HPMB shall establish a compensation and resettlement department responsiblefor reporting to Trung Son HPMB about the current status of resettlement planning andimplementation, coordinating with local authorities responsible for various aspects ofresettlement implementation, conducting internal monitoring of resettlement implementation,and cooperating as necessary to handle contingencies or resolve disputes or grievances thatmay occur

c) Trung Son HPMB will cooperate and coordinate its planning and implementation ofcompensation, assistance and resettlement activities as necessary with provincial, districtand commune authorities in Thanh Hoa and Son La provinces Such coordination will beessential in carrying out census and survey activities, for inventorying lost assets, fordetermining the adequacy of compensation and allowances, for monitoring implementationeffectiveness, and for responding to any DP grievances that may arise

d) Responsibility for ensuring adequate flow of funds for compensation and to otherwise meetrequirements, including contingency arrangements, specified in the RP rests with Trung SonHPMB

Committee on Compensation, Allowances and Resettlement

The Provincial People’s Committee in Thanh Hoa and Son La provinces will establish for eachdistrict within the project impact area a Committee on Compensation, Allowances andResettlement In each district, this committee will:

a) Ensure that commune officials and DP are fully informed regarding the contents of thisframework, and entitlements and activities included in the RP

b) Certifying the DP census and the inventory of lost land, structures and other assets

c) Upon receipt of funding from Trung Son HPMB, making full and timely payment ofcompensation and allowances to DP, in accordance with RP requirements and purposes

d) Facilitating relocation of PAH and assisting DP with their efforts to restore incomes andliving standards.

e) Participate as needed in ensuring the effective operation of grievance procedures

People’s Committees of different levels

Provincial PC

a) To provide guidance to ensure that public disclosure of information on the project and itspolicy on compensation, allowances and resettlement and implement the land acquisitionactivities is carried out as required

b) To direct the relevant agencies and District People’s Committee to develop thecompensation, allowances and resettlement plan as authorized

c) To approve or assign district-level People’s Committees to approve the compensation,allowances and resettlement plan

d) To direct the relevant agencies to settle citizens’ complaints, denunciations related tocompensation, allowances and resettlement according to their law-prescribed competence.e) To direct the examination and handling of violations in the compensation, allowances andresettlement domain

District PC

a) To establish the District Committee for Compensation, Allowance and Resettlement chaired

by the district PC’s chairman or vice-chairman

b) To ensure that public disclosure of information on the project and its policy oncompensation, allowances and resettlement is carried out as required

c) To guide the District Committee for Compensation, Assistances and Resettlement and tocoordinate with other related agencies to implement the RP

d) To coordinate with relevant agencies and the project implementing agency to implementthe project

e) To settle citizens’ complaints related to compensation, allowances and resettlementaccording to their law-prescribed competence

f) To cooperate with other relevant agencies in the implementation of the land acquisition andresettlement activities, including also the verification of the eligibility for compensation,allowances and resettlement of DP after the cut-off-date

Commune PC

a) To organize community consultation and information disclosure on the project and its policy

on compensation, allowances and resettlement to DPs and their communities

b) To cooperate with the Committee for Compensation, Assistances and Resettlement to carryout the inventory of DPs and their affected land and other assets; and

c) To cooperate with Trung Son HPMB and the Committee for Compensation, Assistancesand Resettlement to implement the RP and site clearance, including also the verification of theeligibility for compensation, allowances and resettlement of DP after the cut-off-date

d) To settle citizens’ complaints related to compensation, allowances and resettlementaccording to their law-prescribed competence

SECTION 4 PREPARATION OF RP

22 An RP will be prepared for Trung Son HPP in accordance with the provisions of this RPF,

and submitted to the World Bank for its clearance and to Vietnam’s authorized agency for itsapproval

23 Elements to be covered in the Trung Son HPP RP will include:

a) Description of the project and identification of affected project areas

b) Identification of the project components or activities that give rise to resettlement; thezone of impact of such component or activities; the alternatives considered to avoid orminimize resettlement; and the mechanisms established to minimize resettlement, to theextent possible, during project implementation

c) Objectives of RP

d) Socioeconomic studies: baseline information (DP characteristics, economic and culturalconditions, existing incomes and use of natural resources, and information necessary forincorporation of an Ethnic Minorities Development Plan into the Trung Son RP

e) Census/survey results: identification and enumeration of all DP, and identification andinventories of all lost land, structures and other assets (including temporary impacts) through

a 100% census and survey The census and inventory should cover but not limited to thefollwings:

i all types of DPs

iii number, type, and area of the houses or other structures lost;

iv number and area of all the residential plots lost;

v number, category and area of agricultural land lost;

vi quantity and types of crops and trees lost;

vii businesses lost including structures, land and other fixed assets;

viii productive assets lost as a percentage of total productive assets;

ix quantity and category of other fixed assets affected; and

x temporary damage to productive assets

f) Legal and Institutional framework

g) Eligibility criteria for compensation and all other forms of assistance

h) Valuation of and compensation for losses, in kind or in cash, at replacement cost

i) Site selection (including environmental assessment of proposed sites), site preparation,and relocation

j) Replacement or restoration of public infrastructure and social services

k) Detailed arrangements for livelihood improvement (or restoration)

l) Identification of vulnerable PAH, and full description of planning measures for which theyare eligible

m) Consultation and participation arrangements, including mechanism for grievanceredressal

n) A detailed implementation schedule, corresponding as appropriate to the timetable forconstruction of civil works

o) Costs and budget, identifying all unit rates for compensation, and including contingenciesfor price escalation and unanticipated expenses

p) Arrangements for internal and external monitoring

q) Entitlement Matrix, listing by column all categories of adverse impact including categories

of land or other assets lost, eligibility criteria, and entitlements (specified by unit rate,allowance amount, or other measure) for each category

24 The draft RP will be publicly disclosed by the Bank after it is submitted The Trung Son

HPMB also will disclose the draft RP directly to affected communities in both Thanh Hoa andSon La provinces, in a place and manner accessible to them Following finalization of the RP,both the Bank and Trung Son HPMB again disclose the final document in a similar manner

25 The draft RP will be furnished to the World Bank for consideration no later than six months

prior to the proposed date for actual initiation of the works under the project Land acquisitionwill only commence after the World Bank has found the RP to be acceptable, and payment ofcompensation for land, structures or other lost assets should be made prior to land acquisition,

or imposition of other adverse impacts

SECTION 5 ENTITLEMENT POLICY

26 DP will be entitled to the following types of compensation and/or rehabilitation and

assistance measures:

a) DP losing agricultural/productive land and crops

(i) The principle of “land for land” compensation is prioritized However, if the landavailability in the locality doesn’t allow compensation by land for the full lost area of equalproductive capacity, DP will be compensated with the land not less than the minimum

standard which is necessary to remain their sustainable livelihoods, set in Annex 1, thedifference will be paid in cash at the replacement cost.

(ii)If DP partially looses agriculture land and the remaining holding is less than the minimumstandard set in Annex 1 but still meets the conditions for continuing cultivation, then theproject will supplemently allocate land to ensure the total land holding of the DP is not lessthan the minimum standard If the remaining holding doesn’t meet the condition forcontinuing cultivation, the project will acquire the entire landholding and provide "land forland" arrangements of equal productive capacity, satisfactory to the DP However, if the DPprefers to receive cash instead of land, then cash compensation at replacement cost isapplied

(iii)if the portion of the land to be lost represents 10% or less of the total area of thelandholding, and the remaining land is still a viable economic holding, cash compensation, atfull replacement cost for the acquired area may be provided to the DP;

(iv)if the portion of the land to be lost presents more than 10% of the total area of thelandholding and the remaining is not smaller than the minimum standard for agricultural landset in Annex 1, DP will be compensated for the lost area either by cash at replacement cost

or by land of equal productive capacity satisfactory to DP, at DP’s choice;

(v) Where compensation is made in the form of assignment of new land priced lower thanthe price of the recovered land, apart from being assigned new land, DPs who have landrecovered shall also receive monetary compensation equal to the difference value; wherecompensation is made in the form of assignment of new land priced higher than the price ofthe recovered land, DPs shall not have to pay for the difference

(vi)For the relocating households who do not loose agriculture land but the land area theyare using is smaller than the minimum standard set in Annex 1 will be supplemented for thedifference to help ensure their livelihoods improvements

(vii) For agricultural land lying intermixedly with residential areas, and garden and pond landlying adjacent to residential areas, apart from compensation at the price of agricultural landhaving the same use purpose, monetary supports are also provided; the prices forcalculation of supports shall be equal to between 20% and 50% of the prices of adjacentresidential land; the specific support levels shall be decided by the provincial People'sCommittees to suit the local realities

(viii)For households, individuals currently using land assigned by State-owned agricultural

or forestry farms on a contractual basis for use for agricultural, forestry, aquaculturepurposes (excluding land under special-use forests and protected forests), if their land isrecovered, they shall receive compensation only for remaining expenses invested in land, butnot for the land, and will be supported according to the following provisions:

(a) Supports for households, individuals that receive land on a contractual basis and arepublic employees or workers of State-owned agricultural or forestry farms, who are working

or have retired, have stopped working for loss of working capacity or have quit their jobs andenjoyed allowances and are directly engaged in agricultural production or forestry;households, individuals that receive land on a contractual basis and are directly engaged inagricultural production as their major source of livelihood The highest level of monetarysupport shall be equal to the price of land to be compensated, calculated on the basis of theactually recovered land area which shall, however, not exceed the local agricultural land

assignment limits; the provincial-level People's Committees shall decide on the specificsupport levels to suit the local realities.

(b) Where households, individuals receive land on a contractual basis but are other thanthe subjects specified at (a) above, they shall only receive compensation for remainingexpenses invested in land

(ix) Where the recovered land is agricultural land belonging to the public land fund of acommune, ward or township, compensation shall not be paid for such land but the renters ofsuch land shall receive compensation for remaining expenses invested in land

(x) DP will be compensated for the loss of standing crops at market price, productive treeswill be compensated at replacement cost

(xi) DP whose land is temporarily taken by the works under the project will be compensatedfor their loss of income, standing crops and for the cost of soil restoration and damagedinfrastructure Land will be rehabilitated after the project construction by the Trung SonHPMB

b) DP losing residential land and house/structure

(i) The principle for compensating loss of residential land and structures will be: (1) theprovision of replacement residential land (house site and garden) of equivalent size, or cashcompensation at replacement cost according to DPs’ choice; and (2) cash compensation

reflecting full replacement cost of the house/structures, without deduction for depreciation or

salvage materials or compensate in kind (house and structure of the same or higher usevalue), according to DPs’ options

(ii) If residential land is only partially being affected by the project and the remaining areasare not sufficient for reorganizing DP house as specified in Annex 1, then at the request of the

DP, the entire residential land will be acquired and DP will be compensated with either newresidential land of equal size or cash at full replacement cost or a combination of both forms

(iii) If house/other structure is only partially being affected by the project and the remainingareas are not convenient to using, the house/ structure will be acquired and DP will becompensated either by in-kind or cash at full replacement cost, without depreciation or acombination of both forms

(iv) For the resettlement sites: the project ensures that selection of the resettlement sitescomplies with DP’s preference If the residential land area in DP’s selected sites does not allowfull replacement in term of area according to ‘land for land’ compensation principle, DP will becompensated with land (house site and garden) not less than the minimum standard forresidential land set in Annex 1 If the new land is of lower value than the current one, DP will becompensated in cash at replacement cost for the difference If the new land is of higher valuethan the current land, DP will not have to pay for the difference

(v) For the house/structure:

(a) If DP chooses the house/structure built by the project (eg in the resettlement sites) which

is of lower value than their lost one, DP will be compensated for the difference If the

house/structure built by the project is of higher value than their lost one, DP will not have to payfor the difference.

(b) If DP wishes to receive compensation in cash to build their resettlement house/structure,the compensation amount will not be less than the cost for construction of house/structure withtechnical standard specified in Annex 1

(vi) Tenants, who have a lease contract for a house for residential purposes at the time ofland acquisition and wishes to continue the lease for at least another 6 months, with averification from local authorities, will be provided with a cash grant of six months rental fee atthe prevailing market rate in the area and will be assisted in identifying alternativeaccommodation

(i) The mechanism for compensating loss of business will be: (1) the provision of alternativebusiness site of equal size and accessibility to customers, satisfactory to the DP; (2) cashcompensation for lost business structure reflecting full replacement cost of the structures,without depreciation; and (3) cash compensation for the loss of income during the transitionperiod The amount will be specified in the RP

d) DP will also be provided compensation at full replacement cost, without deduction fordepreciation and salvage materials for any other fixed assets affected in part or in total by theproject

27 In cases where community infrastructure such as schools, factories, water sources, roads,

sewage systems is damaged and the community wishes to reuse them, the project will ensurethat these would be restored or repaired as the case may be, at no cost to the community.Provision of infrastructures in the resettlement sites ensures better access for DP than theircurrent location

28 The host communes will be assisted to improve, extend or upgrade their public structures

and infrastructures to accommodate the increased population The assistance amount to beprovided to host communes will not exceed VND30 mil./eligible relocating household Thisfund will be transferred to the commune’s budget to be used on the upgrading, extension orrehabilitation of the public infrastructures The management and usage of this fund will bedetailed in RP

SECTION 6 ALLOWANCES AND OTHER ASSISTANCE TO RELOCATING PAH

29 Besides the direct compensation for lost assets, relocating PAH also will be entitled to

additional allowances intended to meet transitional costs, including but not limited to thefollowings (all allowances will be defined in RP and will be adjusted for inflation and otherraises in prices as necessary at the time of payment):

a) Transportation allowance

All relocating PAHs will receive a subsidy allowance for their transportation to the newlocation The amount is VND3 million/household if household relocates within the provinceand VND5 million/household if they relocate to a different province In special case when

relocating PAHs have to wait for their resettlement houses to be completed which was nottheir fault, they are (i) to be provided with temporary residence or (ii) temporary rent cost b) Subsistence allowance

- All relocating PAH shall receive a cash allowance equal to 20 kg of rice per month perperson for 24 months

- Households who don’t have to relocate but loosing their production land will receive foodallowance in cash for each legal member of the household for 18 months Depending on thelost area, affected households will receive the followings:

+ 5kg of rice/person/month if they loose less than 10% of land holdings

+ 10kg of rice/person/month if they loose between 10% and less than 30% of land holdings+ 15kg of rice/person/month if they loose between 30% and less than 50% of land holdings+ 20kg of rice/person/month if they loose 50% or more of land holdings

c) Supplemental allowance for PAH relocating to self-selected resettlement site

All PAH choosing not to relocate to designated resettlement sites, in addition to thetransportation allowance mentioned above, shall receive a supplemental allowance ofVND1million if they remain within the province, or VND2million if they relocate to a differentprovince for their administrative arrangements in the receiving location

d) Health care allowance

All relocating PAH shall receive a one-time payment to meet any health-care expensesassociated with resettlement The amount is VND100,000/household

e) Energy subsidy allowance

All relocating PAH shall receive VND10,000/person/month for six months to meet expensesfor electricity or kerosene

h) Relocation bonus

A one-time bonus payment not to exceed VND5million will be awarded to relocating PAH whodismantle their houses and vacate their premises in accordance with the resettlementschedule.

i) Other allowances: In addition to the above-mentioned allowances, based on the realsituation, the project may consider to provide relocating PAHs with other allowances tosupport DP’s stable life, cultural life, production and livelihoods

SECTION 7 MEASURES FOR LIVELIHOOD IMPROVEMENT OR RESTORATION

30 The objective of livelihood improvement (or restoration) often cannot be achieved solely

through payment of compensation for lost assets and transitional allowances Especially inhydropower projects, resettlement often imposes significant changes in DP livelihoodpatterns While compensation might in principle be enough for asset replacement, there maynot be comparable assets available for purchase in proximity to relocation sites Householdsmay be relocated to areas with unfamiliar terrain or different climate conditions, forcing them

to adapt to different cropping patterns or productive technologies They also may faceunfamiliar market conditions, often losing their existing customer base It also may be thecase, however, that the new location may present new economic opportunities, but DPs mayneed special skills or attributes to benefit from them

31 For Trung Son HPP, the RP shall describe planning measures, in addition to payment of

compensation and transitional allowances, to provide DP with sound opportunities toimprove, or at least restore, their incomes These measures may include provision ofproductive areas for a combination of agricultural, forestry, fisheries, animal husbandry,irrigation and off-farm activities, and are to be supported as necessary by training, extensionservices, or other inputs

32 In addition to such livelihood program activities, the RP will include the following

entitlements:

Production Disruption Allowances

33 Relocating households involved in agricultural, forestry and fishing production will receive

a one-time allowance in cash or in kind, at DP’s preference, for their production inputs such

as seedlings, breedings, fertilizers and pesticides for their cash crops, perennial trees andlivestock production

- household having more than 1 person then from the 2nd person each will receiveadditional 2mil.VND

b) Relocating household also will receive support as deemed necessary to availthemselves of training and extension services The project, based on DP’s needs, willdevelop training programs on agriculture, forestry and fishery extension

Supplemental Allowance for income diversification

34 The project will reserve an amount equivalent to VND5mil per relocating household or a

household loosing more than 10% of production land to implement a program to supportthese households in their effort to diversify their income by taking vocational trainings (onnon-farm activities) Details for implementation of this program will be developed in RP.Assistance to Disrupted Businesses

35 For economic establishments, production and business households having business

registration certificates:

a) To compensate for loss of income, a support equal to 30% of 1-year income after tax atthe average income of the previous 3 years is made

economic establishments, production and households The period to calculate support mustnot exceed 6 months

c) To provide compensation for the loss of business structures, production materials at fullreplacement costs of the structures, excluding depreciation

capacity should be provided to suit the displaced persons, or a cash compensation amountfor the loss of area at the request of the DP should be made at the replacement price, added

by support for transport expenses to relocate assets and production materials attached to thearea

36 Unregistered business households shall receive a cash assistance allowance intended to

make up for lost income The assistance amount will be determined in the RP

Support for improvement of access to resources

37 DP having restricted or difficult access to production resources as a result of the project

will be supported Assistance measures will be considered and implemented on a case bycase basis

SECTION 8 SITE SELECTION, PREPARATION, AND RELOCATION

38 PAH relocating because of Trung Son HPP may choose to find their own resettlement

site, or to move to resettlement sites for which they participate to plan and implement

39 For resettlement sites prepared by the project, the RP shall provide details on the

following:

a) Institutional and technical arrangements for identifying and preparing relocation sites,for which a combination of productive potential, location advantages, and other factors is atleast comparable to the advantages of the old sites, with an estimate of the time needed toacquire and transfer land and ancillary resources;

b) Arrangements for timely payment of compensation for lost housing at replacement cost,providing sufficient time and money for relocating PAH to construct replacement housingconsistent with prior living conditions and cultural preferences, and suitable for the size ofhousehold, with the house area being not smaller than the standard set in Annex 1

c) Arrangements for provision of suitable housing for vulnerable households indicatingthat they are unable, or do not desire, to construct their own replacement housing.

d) Provision of prepared house plot and residential area (house site and garden) for eachrelocating PAH;

e) Results of consultations with relocating PAH, indicating their general acceptance ofproposed relocation sites, and describing measures taken to alleviate any PAH concerns;f) Any measures necessary to prevent land speculation or influx of ineligible persons atthe selected sites;

g) Arrangements for physical relocation under the project, including timetables for sitepreparation and transfer;

h) Legal arrangements for issuing or recognizing land use right certificate and assets onland for resettlers for the remaining land after land acquisition or new land assignment;i) Arrangements for replacement of infrastructure and social services, if communitywishes to reuse them: plans to replace, in the sites selected by communities, the loststructures and infrastructures (e.g., water supply, feeder roads, community facilities…), andlost social services (e.g., schools, health services…) to ensure the replaced structures,infrastructures and social services are better than the lost ones, or to consider tocompensate for these losses in cash if DP community wishes to restore these publicinfrastructures and services themselves

j) Similar plans for infrastructures and social services provision in the host communities,and development work necessary for the resettlement areas

k) A description of the boundaries of the relocation area; and an assessment of theenvironmental impacts of the proposed resettlement and measures to mitigate and managethese impacts (coordinated as appropriate with the environmental assessment of the maininvestment requiring the resettlement)

SECTION 9 GRIEVANCE PROCEDURES

40 Complaints and grievances related to any aspect of RP implementation will be handled in

compliance with the current regulations of Vietnam, with procedures specified as follows:

First step: If any person is aggrieved by any aspect of the resettlement and rehabilitation

program, he/she can lodge an oral or written grievance with commune authorities CommunePeople’s Committee (CPC) will resolve the issue within fifteen days from the date it receivethe complaint

Second step: If any aggrieved person is not satisfied with the decision in stage 1, he/she

can bring the complaint to the District People’s Committee (DPC) or District Committee forCompensation, Assistances and Resettlement (DCCR) within fifteen days from the date ofthe receipt of the decision in stage 1 The DPC or DCCR will reach a decision on thecomplaint within fifteen days

Third step: If the aggrieved person is still not satisfied with the decision at district level,

he/she can appeal to the Provincial People’s Committee (PCC) within 45 days of receiving

the decision of the DPC or DCCR The Provincial People’s Committee (PPC) will reach adecision on the complaint within the timing regulated by the Vietnam’s law.

Fourth step: If the DP is not satisfied with the decision of the Provincial level, the case may be

submitted for consideration by the District Court within 45 days of receiving the decision of thePPC The District Court will reach a decision on the complaint within the timing regulated bythe Vietnam’s law

Aggrieved DPs who are poor and are certified by the PPC of the commune registered by DPswill be exempted from administrative or legal fees associated with pursuit of grievances

SECTION 10 INTERNAL AND EXTERNAL MONITORING

41 Implementation of the RP will be periodically monitored both by the Trung Son HPMB

(e.g., internal monitoring) and by an agency wholly independent of project management (e.g.,external monitoring) Internal monitoring is for use by Trung Son HPMB External monitoringreports will be submitted twice a year to Trung Son HPMB and to the World Bank

Internal Monitoring

42 Internal monitoring is intended to:

(a) Verify that the baseline information of all DPs has been carried out and that the valuation

of assets lost or damaged, and the provision of compensation, resettlement and otherrehabilitation entitlements has been carried out in accordance with the provisions of this RPFand the respective RP

(b) Oversee that the RP is implemented as designed and approved

(c) Verify that funds for implementing the RP are provided in a timely manner and inamounts sufficient for their purposes, and that such funds are used in accordance with theprovisions of the RP

(d) Record all grievances and their resolution and coordinate with the relevant parties toensure that complaints are dealt with in a timely manner

External Monitoring

43 An independent agency or agencies or individual consultant will be retained by Trung Son

HPMB to periodically carry out external monitoring The external monitor will be academic orresearch institutions, non-Governmental Organizations (NGO) or independent consulting firms,all with qualified and experienced staff, operating under terms of reference acceptable to theWorld Bank

44 The general objective of the external monitor is to provide an independent periodic review

and assessment of achievement of resettlement objectives, the changes in living standardsand livelihoods, restoration of the economic and social base of the affected people, impactand sustainability of entitlements, and the need for further mitigation measures (if any)

45 The main indicators of independent monitoring include:

a) Full payment of compensation for land, housing and other assets to DPs prior to landacquisition.

b) Adequacy of compensation in enabling DPs to replace affected assets

c) Provision of technical support for house construction to PAH who rebuild their structures

on their remaining land, or build their own structures in new places as arranged by the project,

or on newly assigned plots

d) Provision of income restoration support

e) Restoration of productive activities

f) Restoration or replacement of community infrastructure and services

g) Operation and results of grievance procedures

h) Throughout the implementation process, household income trends will be observed andsurveyed Any potential problems in the restoration of living standards will be reported

ANNEX 1 Policy Framework for Compensation, Resettlement and Rehabilitation for Project Affected People

1 Rural residential land for relocating households

a) Each relocating household moving to the resettlement sites will be assigned with a housesite plot not smaller than 400m2 Depending on the availability of residential land in theresettlement sites, relocating households might be assigned with larger plot The project will beresponsible for ground leveling to ensure house construction as planned

b) Each ‘back and up’ relocating household will be assigned with a house site plot notsmaller than 400m2 Depending on the availability of residential land in the resettlement sites,relocating households might be assigned with larger plot The project will either do the groundleveling for DP or pay them so that they can do it themselves, at DP’s choice If DP prefers to

do the ground leveling DP has to comply with technical requirements as necessary for safetypurpose as agreed in the project

c) Households not covered under (a) and (b) above will not be paid for the ground levelingcost

c) Resettlement houses built by the project will follow the following specifications:

(i) Area per each legal member of the relocating PAH:

- Each PAH on average will be provided with 10m2 structure of kitchen and toilet

- House design will allow an adjustment not exceeding 5% of the above norms

(ii) Structures and architecture: the project will present a number of house samples includinghouse on stilts and regular house (concrete house at grade 4) in accordance with the above-mentioned norms and with equivalent costs for DPs to choose to meet their culture andpreference

(iii) In case DP wishes to build resettlement house which exceeds the above standards, DPwill have to bear the additional costs

3 Production and Garden land

a) The relocating households will be compensated with or assigned an agricultureproduction land area not less than 1,5ha/household and ensuring that the productivity orequivalance is not less than 20kg of rice/person/month The standard for each location will bespecified in RP, depending on the land availability and quality in each location

- Depending on the availability of land in planned resettlement sites, relocating householdsmight be assigned with forest production land, grass land or water land for acquacultureproduction

- Priority will be considered for allocation of paddy rice land to ensure that the DPs will beable to afford enough food after the rice subsistence period as specified in the RPF

- Agriculture production land use plan will be specified in RP

b) Each relocating household will be assigned with garden land adjacent or not adjacent totheir residential land with an area that the land availability in the locality allows, but not lessthan 300m2/household

4 Public structures in the resettlement sites

General principles:

a) The project ensures that the replaced public infrastructures (power, feeder roads, commune roads, schools, kindergartens, health clinics, clean water systems, sanitationsystems, cultural house…) have equal or higher use value

inter-b) Structure scale will consider the population at the resettlement sites, including the hostand relocating communities

c) In case there are less than 30 resettling households in one resettlement site which is lessthan 1 km from the host community, the project will consider to invest in extending or upgrading

the existing structures and infrastructures to meet the local demands The scale, however, willnot exceed the stipulated standards for the resettlement sites.

General regulations on construction:

Public houses of the resettlement sites will be built at grade 4 or equivalent with structuresuitable to local natural condition and culture preference and meet the current constructionregulations of Vietnam

Some requirements for the public structures and infrastructures in the resettlement sites

a) Infant school and kindergarten: Classes of infant school, kindergarten are intended

to take care of children at day-time

b) Classes of primary grades:

(i) The number of classes of primary grade is calculated for children to learn all the day

(ii) In case school in the host location has enough classrooms for children of the relocatingcommunities, the project will not build separate classrooms there but consider supportingsome fund for the extension or upgrading of that school as necessary This fund amount isequivalent to VND2mil./relocating household

c) Cultural House in the resettlement site

• Resettlement sites with more than 30 PAHs will be constructed with one village’scultural house, with scales as follows: from 30 to 60 PAHs: construction on an area of 60 m2;more than 60 PAHs it will be 100 m2

• The cultural house shall be constructed and facilitated with fence, flag pole, and publicWC

• Electric system in the cultural house shall be installed under designed

• Depending on the local situation, each cultural house will be equipped as appropriate.d) Playing ground: In case of independent resettlement site which is not in the commune

center which accommodates 30 and more households, if the land availability allows, aplaying ground will be arranged The playing ground will be invested only for groundpreparation cost

e) Market place: The project will coordinate with People’s Committees of the districts and

communes having the concentrated resettlement sites to arrange market places with with asuitable size and location prefered by DP communities The project will pay for the groundpreparation cost

5 Infrastructure construction

a) Irrigation: Based on the production condition in the new locations, the project will either

construct new irrigation schemes or upgrade the exsiting ones to effectively exploit the use ofproduction land

b) Land reclaiming, fields preparation and in-field pathways:

(i) New production areas will be invested with land reclaiming and fields preparation asplanned before being handed over to the resettling households for use

(ii) In-field pathway system will be planned and constructed in accordance with generalproduction plan of the region

(iii) The project will consider supporting the DPs to do land reclaiming themselves

c) Access road system: will be constructed in accordance with general planning on

access road system in the region, as the followings:

(i) Inter-village roads or roads from outside to the resettlement sites will be constructed inconformity with the standard of rural road of grade A or equivalent

(ii) Internal roads within the resettlement sites, roads connecting 2 resettlement sites shall

be constructed according to standard B grade or equivalent for rural and mountainousaccess roads

(iii) Areas close to the reservoir having a need for waterway transportation will beconsidered for the construction of piers

d) Domestic water supply: The project ensures to provide enough clean water to the

relocating households Depending on the condition of each resettlement sites, the watersupply options including concentrated water supply system, gravity system, drilled well ordug well will be choosen

e) Power supply for domestic demand: The project aims at providing electricity to each

relocating household In case of geographical difficulties, the project will cooperate with otherrelated projects in the area or to find solutions to meet the demand on electricity of resettlers

at least equal to the level of the existing locations if not better The plan for power supply will

be specified in RP

f) Water drainage and environment in resettlement site

(i) Surface drainage system shall be arranged taking into account the topographicalconditions or combined with the domestic drainage system by means of open drainagesystem along the access road

(ii) Latrine, husbandry barn facilities shall be constructed in a way to meet therequirements for hygiene and environment in the resettlement sites

g) Graveyard: each resettlement site will be furnished with an area for graveyard (if any)

in accordance with the local planning

6 Management and hand-over of the resettlement sites: all the public structures and

infrastructures built under the project in the resettlement sites will be handed over to the localorganizations or authority to manage and operate in accordance with the current regulations

2.2 Numbers of Affected Households

Table A 9: Forecast of Households to be Relocated

No Locality Impacts surveyed in 2004

Forecast of HH with houses in

2011

Thanh Hoa province 327 1,484 356 1,617

I Quan Hoa district 183 765 199 834

1 Trung Son commune 183 765 199 834

I Moc Chau district 182 799 199 873

1 Tan Xuan commune 177 768 193 839

Source: DRCC, 2004 survey, 2008 census

Table A 10: Displaced Persons Affected by Main Project

Locality

Fully affected

on houses and residential land

Affected on shop

Affected on productive land only

Affected only

on land in supporting areas

HH Persons HH Persons HH Persons HH Persons Total 509 2,283 7 23 285 1,552 40 168 Thanh Hoa Province 327 1,484 7 23 223 1,241 40 168

Muong Lat Town

Son La Province 182 799 0 0 62 311 0 0

Table A 11: Households Loosing Land to Incoming Households in Resettlement Site

Location Households Note

Thanh Hoa Province 249

Quan Hoa District 126

These households are also impacted

on land from reservoir flooding

Muong Lat District 123

2.3 Affected Households and Land

Under Four Alternatives

Table A 12: House holds Affected on Residential Land, House and Land

No

Location

Alternatives of normal water level with flood control level with Qmax of

100 years return period

HH Land area(ha) HH Land area(ha) HH Land area(ha) HH Land area(ha)

1 Thanh Hoa province 244 914.70 255 935.55 255 986.51 277 997.43

Quan Hoa district 139 495.14 144 514.07 144 525.45 152 526.57Muong Lat district 105 419.55 111 421.48 111 461.06 125 470.86

2 Son La Province 111 530.74 126 603.40 129 644.94 155 729.79

Moc Chau district 111 530.74 126 603.40 129 644.94 155 729.79

3 Total 355 1445.44 381 1538.95 384 1631.45 432 1727.22

Table A 13: House holds Affected on Productive Land Only

TT Location Alternatives of normal water level with flood control level of Qmax 1%

1 Thanh Hoa province 31 28 25 20

2.4 Name List of Displaced Persons

The following households have been identified through the 2008 census Other nformationrequested in the resettlement policy framework regarding the losses of each household isavailable in the project file

Any household identified as a displaced person and present in the area prior to the cut-offdate of December 10, 2008 will be compensated regardless of whether it is included in thislist or not

Table A 14: Name List of Displaced Persons (Main Project)

District/Commune/

Family name, given name

N house- holds

N people

Impact

House and land