Resettlement and Livelihood Development Program (RLDP) Annexes

10 Table A 8: Population Registered as Poor and as Very Poor/Hungry...11 Table A 9: Forecast of Households to be Relocated...36 Table A 10: Displaced Persons Affected by Main Project...3

RP857 v3

Trung Son Hydropower

Project Management Board

Resettlement and Livelihood Development Program (RLDP)

Annexes

Annex 1 Project Area and Baseline Data 4

1.1 RLDP Villages 4

1.2 District Data 6

1.3 Average Commune Data in Main Project Area 6

1.4 Average Village Incomes 10

1.5 Poverty Incidence in Villages Affected by Main Project 11

Annex 2 Main Project Resettlement Plan 12

2.1 Resettlement Policy Framework 12

2.2 Numbers of Affected Households 36

2.3 Affected Households and Land Under Four Alternatives 39

2.4 Name List of Displaced Persons 40

2.5 Inventory of Losses and Value Assessment 56

2.6 Resettlement Site Planning 69

2.7 Provincial Unit Price References 73

2.8 Replacement Cost Survey 92

2.9 Magnitude of Loss 95

Annex 3 Community Livelihoods Improvement Plan 97

3.1 Unit Costs 97

3.2 Training and Technical Assistance Resources 100

3.3 Credit Access 103

Annex 4 Ethnic Minority Data 104

4.1 Population in Districts and Communes 104

4.2 Population in Affected Villages 104

Annex 5 Consultation Process 106

5.1 Completed Consultations 106

5.2 Consultation Feedback Integrated Into RLDP 107

Annex 6 Reference Documents 109

6.1 Documents in Project File 109

6.2 Legal Framework References 111

6.3 Official Project Documents 113

List of Tables in Annexes

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

RMDP 4

Table A 2: Population in 3 Districts in Core RLDP Area 6

Table A 3: Expenditure Poverty Estimated at District Level 6

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

Table A 5: Access to Improved Water and Sanitation 8

Table A 6: Health Service Providers 9

Table A 7: Incomes and Income Sources in the Villages Affected by Reservoir Flooding 10 Table A 8: Population Registered as Poor and as Very Poor/Hungry 11

Table A 9: Forecast of Households to be Relocated 36

Table A 10: Displaced Persons Affected by Main Project 37

Table A 11: Households Loosing Land to Incoming Households in Resettlement Site 38

Table A 12: House holds Affected on Residential Land, House and Land 39

Table A 13: House holds Affected on Produce Land Only 39

Table A 14: Name List of Displaced Persons (Main Project) 40

Table A 15: Land Losses on Construction and Supporting Sites 56

Table A 16: Crop and Tree Losses on Construction and Supporting Sites 56

Table A 17: Land Losses in the Reservoir Area 57

Table A 18: Tree and Crop Losses in Reservoir Flooded Area 57

Table A 19: House Losses 65

Table A 20 : Impact on Public Infrastructure 68

Table A 21 : Relocation Site Capacity 69

Table A 22 : Land Affected at Planned Resettlement Sites 69

Table A 23 : Land Use and Land Development in Planned Resettlement Sites 70

Table A 24 : Infrastructure in Planned Resettlement Sites 71

Table A 25 : Unit Costs Expected to be Applied for Houses and Other Assets 73

Table A 26 : Unit Costs Expected to be Applied for Fish Ponds 82

Table A 27 : Unit Costs Expected to be Applied for Displaced Graves 84

Table A 28 : Unit Costs Expected to be Applied for Fruit Trees 84

Table A 29 : Unit Costs Expected to be Applied for Timber and Ornamental Trees 86

Table A 30 : Unit Costs Expected to be Applied for Crops and Medicinal Plants 87

Table A 31 : Unit Costs Expected to be Applied for Flowers and Ornamental Plants 88

Table A 32 : Unit Costs Expected to be Applied for Tree Crops 89

Table A 33 : Unit Costs Expected to be Applied for Timber Operations and Care 91

Table A 34 : Unit Costs Expected to be Applied for Compensation to Cut Timber Trees .92 Table A 35 : Local Construction Costs in Project Area 92

Table A 36 : Market Prices for Trees and Crops in Project Area (VND) 94

Table A 37 : Agricultural Land and Bamboo Area, Impacted and Remaining (Hectares) .95 Table A 38 : Vulnerable Displaced Persons 96

Table A 39: Unit Costs for CLIP Menu of Activities 97

Table A 40 : Research Institutes with Expertise in Sloping Land Cultivation 100

Table A 41 : Mass Organizations 100

Table A 42 : Vocational Training Centers 102

Table A 43 : Available Credit Sources 103

Table A 44: Population by Ethnic Group in Project Area Districts 104

Table A 45: Population by Ethnic Group in Villages Affected by Main Project 104

Annex 1 Project Area and Baseline Data

CLIP Category

EMDP

1 2 3

Mường LátTrung Lý Tổ Chiềng-

Co cài

4 - Relocation

Mường LátMường lý Tài Chánh 4 - Relocation 1 1

Mường LátMường LátTown Pom Buôi 3 – Resettlement (land) 1 1 1

Mộc Châu Tân Xuân Pom Hiến –

Quan Hoa Phu Thanh Uon 5 – Access road

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.

CLIP: 1: severely-affected villages: more than 50 percent of households are relocated; 2: moderately affected villages: less than 50 percent of households are relocated; 3: no household

is relocated; households are affected on land only (Section 4.2).

List of villages affected by downstream impacts will be defined only after operation of the dam List of villages affected by power lines will be defined during design of the power lines

1.2 District Data

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

District Area Population

Population density

Standard error

2006 and rural agriculture and fishery census 2006.

1.3 Average Commune Data in Main Project Area

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

Commune

Trung Son

Tam Chung

Muong Ly

Trung Ly

Tan Xuan

Xuan Nha

Income

per household VND/year 11086000 9246400 9501880 9844044 11454170 12273000 63405494

USD equiv/year

Table A 5: Access to Improved Water and Sanitation

26(65,0)

3 (12,5)

14 (56,0)

11 (73,3)

5(24,5)

0 (0,0)

15(60,0)

1 (3,8)

7(87,5)

102(41,0)Natural well (7,5)3 (0,0)0 (0,0)0 (4,0)1 (0,0)0 (14,0)3 (24,0)6 (40,0)10 (3,8)1 (12,5)1 (10,1)25UNICEF’s

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)25

Vision’s

water

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)

5 (12,8)

0 (0,0)

4 (10,3)

1 (2,6)

3 (15,0)

12(30,8)

2(5,1)

9 (23,1)

6(75,0)

52(20,7)Two-

compartment

latrine

1(2,5)

0 (0,0)

0 (0,0)

0(0,0)

1(33,3)

0 (0,0)

2(66,7)

0(0,0)

0(0,0)

0 (0,0)

4(1,6)One-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

SECTION 1 INTRODUCTION TO PROJECT

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, withinstalled capacity of 260 MW and an expected annual generation of 1055.3 millionKWH The project is intended to supply energy both to the regional power system andthe Vietnam national grid It also is expected to contribute to flood protection in thedownstream area of Ma River, and to provide water storage for use in irrigation areasduring the annual dry season

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…) The reservoir and the construction site will cause land acquisitionexpected to total 1538.95 hectares of land in six communes in three districts, namelyQuan Hoa and Muong Lat in Thanh Hoa Province and Moc Chau in Son La Province.According to preliminary studies conducted in 2005, an estimated 432 households willneed to be relocated because of construction works or submergence An additional 40households are expected to be relocated because creation of the reservoir wouldotherwise leave them isolated An estimated total of 75 households also will be affected

by loss of productive land The area of crop cultivated land area to be submerged isestimated at 309 hectares Land acquisition, household relocation, and provision ofcompensation and other resettlement assistance is expected to begin in 2009 andcontinue until the end of 2011

The Central Party and Government of Vietnam have both shown a stronginterest in ensuring fair and effective treatment of persons required to resettle, or whoare otherwise affected by land acquisition for public investment projects In recentyears, Vietnam Electricity (EVN) has paid increasing attention to restoring or improvingthe lives and livelihoods of those displaced by hydropower project construction

For domestically funded public investment projects, policies and principlesregarding land acquisition, compensation, and other resettlement arrangements havebeen established by the Government on the basis of Decree 197/2004/ND-CP (dated03/12/2004) on Compensation, Allowances and Resettlement in Case of LandAcquisition by the Government, and on the basis of Decree 84/2007/ND-CP (dated25/05/2007) on Supplementary Regulations on Giving Land Use Certificate, LandAcquisition, Implementation of Land Use Right and How to Deal in Case of Claims,Appealing on Land

Trung Son HPP also will involve financial support from the World Bank,meaning that land acquisition and resettlement principles and procedures must meetthe requirements of both World Bank OP 4.12 on Involuntary Resettlement andVietnam’s regulations Where there are discrepancies, the World Bank OP4.12 will bereferred to The fundamental objective of this policy, as with Government of Vietnam

policy, is to ensure that those affected by Bank-supported projects are fullycompensated for lost land or other assets, and are provided sufficient opportunity toimprove, or at least restore, their incomes and living standards.

This document constitutes a Resettlement Policy Framework (RPF) for TrungSon HPP It establishes the principles, objectives, and definitions to be used inresettlement planning and implementation It defines affected persons and establisheseligibility criteria for compensation or other forms of assistance, describes the legal andinstitutional framework, establishes modes of asset valuation and compensationpayment, arrangements for consultation and participation, and procedures for pursuinggrievances This framework is based on both domestic regulations and World Bank OP4.12

Following acceptance by the World Bank and relevant Government of Vietnamofficials, this RPF shall be stipulated as guidance for the detailed planning andimplementation of the Trung Son HPP land acquisition, resettlement and rehabilitationprogram The RPF applies to all aspects of the Trung Son HPP, including impactsassociated with dam construction area, reservoir impoundment, area for resettlementactivities and upstream or downstream impacts associated with loss of access to land

or other resources (Separate Resettlement Plans have been prepared to cover landacquisition and resettlement activities associated with construction of an access road tothe Trung Son HPP construction area and an MV line.)

SECTION 2 PRINCIPLES AND OBJECTIVES

A Definitions

Displaced persons, households, communities and institutions (hereinafter referred to asDPs) refer to those persons, households, communities and institutions defined asaffected by loosing in full or in part of land, residence, or other assets or resources, as

a result of Trung Son 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 personsmust move to another location; and

d) The involuntary restriction of access to natural resources resulting in adverseimpacts on livelihoods

The term “replacement cost” refers to the method of valuation of land and assetsyielding an amount of compensation sufficient for actual asset replacement, includingapplicable transaction costs Accordingly, compensation at replacement cost does notallow for depreciation for age or wear, and is to be paid to the DP without deduction fortaxes, fees or any other purpose The established replacement cost shall be approved

by the authorized agency before the compensation payment is made to DPs

B Policy and Planning Principles

The principles outlined in World Bank OP 4.12 and Vietnam’s regulations have beenadopted 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, related activities will be conceived and executed as development opportunities, toenable DP to share in project benefits

resettlement-c) Before land or other assets are acquired, Trung Son HPP will provide compensation

at replacement cost, and will otherwise provide assistance necessary to give DPssufficient opportunity to improve, or at least restore, incomes and living standards.d) All DP residing, working, doing business or cultivating land in the project areasincluding dam construction area, reservoir impoundment, area for resettlementactivities and upstream or downstream affected areas as of the date of the baselinesurveys are entitled to be provided with rehabilitation measures sufficient to assist them

to improve or at least maintain their pre-project living standards, income earningcapacity and production levels Lack of legal rights to the assets lost (excluding assetsthat are under investigation of being stolen as regulated under the laws of Vietnam) willnot bar the DP from entitlement to such rehabilitation measures

e) The rehabilitation measures to be provided are: (i) compensation at replacementcost, without deduction for depreciation or salvage materials for houses and otherstructures; (ii) agricultural land for land of equal productive capacity acceptable to the

DP or in cash at replacement cost according to DP’s choice ; (iii) replacement ofresidential/premise land of equal size acceptable to the DP or in cash at replacementcost according to DP’s choice; and (iv) transfer and subsistence allowances; (v) anyother measures as may be necessary to enable the DP to improve their livingstandards and earning capacity, or at least maintain them at their pre-project levels DPwill receive one or more than one or all of the above-mentioned rehabilitation measuresdepending on their losses

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

g) The resettlement transition period will be minimized and the rehabilitation means will

be provided to the DP's prior to the expected start-up date of works in the respectiveproject sites

h) Plans for acquisition of land and other assets and provision of rehabilitationmeasures will be carried out in consultation with the DP, to ensure minimal disturbance.Entitlements will be provided to DP prior to expected start-up of works at the respectiveproject 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 madeavailable and as where and when required.

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

l) Effective and timely supervision, monitoring and evaluation of the implementation ofRPs will 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 installments aligned to the implementation schedule, ifappropriate, and will be specified in RP

SECTION 3 LEGAL AND INSTITUTIONAL FRAMEWORK

A Legal Framework

This section reviews the legal framework and policies of the Government of Vietnamand IDA policies related to land acquisition, compensation and resettlement It thencompares the two approaches Since there are differences between the WB’s policyand the Vietnamese’s, the project requires a waiver of the Vietnamese Governmentarticles of decrees and regulations concerning compensation and resettlement.Subsequently, compensation and resettlement plans will be developed andimplemented according to this RPF

The Legal Framework of the Government of Vietnam: The key national laws,regulations and decrees governing land acquisition, compensation and resettlement inVietnam include:

a) The Constitution of Vietnam, 1992 confirms the right of citizens to own a house and

to protect 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 revised 2003

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

f) Circular 116/2004/TT-BTC issued on December 7, 2004 guiding the implementation

of Decree 197/2004/ND-CP of December 3, 2004 on compensation, support andresettlement when 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

of the 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 andresettlement when land is recovered by the State

k) Decree 84/2007/ND-CP of the Government of Vietnam dated May 25th 2007 onrevision of issuing LURC, land acquisition, implementation of land use right, procedurefor compensation, resettlement when land acquired by State and grievance redress.l) Decree 123/2007/ND-CP dated July 27, 2007 on on revision and supplementation ofsome regulations in decree 188/2004/ND-CP of November 16, 2004 on methods todetermine land prices and assorted land price brackets

Other regulations or administrative decisions with bearing on Trung Son HPPresettlement planning and implementation include:

a) Decision No 02/2007/QD-TTg by the Government Prime Minister dated 09/01/2007

on the issuing of policy framework on compensation, allowances and resettlement ofSon La Hydropower Project

b) Temporary policy framework on compensation, allowance, and resettlement of Ban

Ve Hydropower Project promulgated pursuant to Official Letter No 1174/CV-NLDK bythe Ministry of Industry on 16/03/2004

c) Policy framework on compensation, allowance, and resettlement for the Cua DatReservoir Project

d) Decision No 12/2007/QD-UBND dated 08/05/2007 by the Son La PPP stipulatingdetails for implementation of compensation, allowance and resettlement process forSon La Hydropower Project

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

B Comparison between Government of Vietnam and World Bank Approaches

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 mostimportant compatibilities are:

a) On the issue of land tenure and the legal right to compensation, the Governmentand World Bank approaches are compatible Vietnam has a process whereby peoplewithout legal land rights may meet conditions of legalization and receive compensationfor losses up to a rate equal to 100% of land price minus the taxes and fee for land useright registration from 15 October 1993 (Article 42, 49 and 50 of 2003 Land Law)

b) Permanent residents are provided with options that include relocation to animproved site, 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,and can appeal

e) Compensation at replacement cost is ensured in Article 6 of Decree

197/2004/ND-CP dated December 3rd, 2004 that “…people who have land being acquired shall becompensated with land of similar land use purpose If there is no land forcompensation, cash compensation equal to land use rights value at the time of landacquisition shall be applied If there is many differences in value, in case ofcompensation by new land or house, such difference shall be settled in cash” andArticle 19 in the same Decree states that “…house and structure of domestic use ofhousehold or individual shall be compensated with the value of construction of newhouse, structures of similar technical standard”

Differences between the approaches and measures that need to be addressed alsoexist However, in this context, procedures exist within national and provincegovernments that allow the granting of waivers of domestic law on specific projects thatmay be in conflict with that of the funding agency

In cases where Vietnamese laws, regulations or administrative procedures are notconsistent with the requirements of World Bank OP 4.12, the Government of Vietnamhas agreed to meet Bank policy requirements It is the responsibility of the investmentowner of Trung Son HPP to obtain any necessary waivers

C Eligibility Criteria and Cut-Off Date

Eligibility

The fundamental objective of this RPF is to ensure that all DPs are fully compensatedfor lost assets, and receive sufficient opportunity to improve, or at least restore, theirincomes and living standards To achieve this objective, lack of legal title should not be

a barrier to compensation or alternative forms of assistance In Trung Son HPP, thoseeligible for compensation and/or assistances include: (a) those who have formal legalrights to land or other assets; (b) those who initially do not have formal legal rights toland or other assets but have a claim to legal rights based upon the laws of Vietnamthecountry and are certified by the commune’s People’s Committee (PC); and (c) thosewho do not belong to (a) and (b) above but are certified by the commune’s PC that theyhave been using the land and assets on land before the cut off date

DPs covered under (a) and (b) are provided compensation at replacement cost for theland (and any other assets) they lose, and other assistance Persons covered under (c)are provided resettlement assistance (in cash or other forms) in lieu of formalcompensation for the land they occupy, and other assistance, as necessary, to achievethe objectives set out in this policyRPF., if they occupy or utilize the project area

or inventory, the relevant District and Commune People’s Committees can establishtheir eligibility for compensation or assistance by asserting that the persons wereoccupying or using land or other assets prior to the cut-off date.

New households after the cut-off-date

Those households splitting from the large families after the cut-off-date who meet thefollowing conditions will be eligible for resettlement benefits as stand-alone households:(a) Households splitting from a family with minimum of two couples and havingminimum of six persons; and

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

b) Trung Son HPMB shall establish a compensation and resettlement departmentresponsible for reporting to Trung Son HPMB about the current status of resettlementplanning and implementation, coordinating with local authorities responsible for variousaspects of resettlement implementation, conducting internal monitoring of resettlementimplementation, and cooperating as necessary to handle contingencies or resolvedisputes or grievances that may occur

c) Trung Son HPMB will cooperate and coordinate its planning and implementation ofcompensation, assistance and resettlement activities as necessary with provincial,district and commune authorities in Thanh Hoa and Son La provinces Suchcoordination will be essential in carrying out census and survey activities, forinventorying lost assets, for determining the adequacy of compensation andallowances, for monitoring implementation effectiveness, and for responding to any DPgrievances that may arise

d) Responsibility for ensuring adequate flow of funds for compensation and tootherwise meet requirements, including contingency arrangements, specified in the RPrests with Trung Son HPMB

Committee on Compensation, Allowances and Resettlement

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

a) Ensure that commune officials and DP are fully informed regarding the contents ofthis framework, 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 andpurposes

d) Facilitating relocation of PAH and assisting DP with their efforts to restore incomesand living standards

e) Participate as needed in ensuring the effective operation of grievance proceduresf) Hội đồng bồi thường, hỗ trợ và tái định cư chịu trách nhiệm về tính chính xác, hợp lýcủa số liệu kiểm kê, tính pháp lý của đất đai, tài sản được bồi thường, hỗ trợ hoặckhông được bồi thường, hỗ trợ trong phương án bồi thường, hỗ trợ và tái định cư

People’s Committees of different levels

Provincial PC

a) To provide guidance to ensure that public disclosure of information on the projectand its policy on compensation, allowances and resettlement and implement the landacquisition activities 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 thecompensation, allowances and resettlement plan

d) To direct the relevant agencies to settle citizens’ complaints, denunciations related tocompensation, allowances and resettlement according to their law-prescribedcompetence

e) To direct the examination and handling of violations in the compensation, allowancesand resettlement domain

District PC

a) To establish the District Committee for Compensation, Allowance and Resettlementchaired 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 Resettlementand to coordinate with other related agencies to implement the RP

d) To coordinate with relevant agencies and the project implementing agency toimplement the 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 landacquisition and resettlement activities, including also the verification of the eligibility forcompensation, allowances and resettlement of DP after the cut-off-date

Commune PC

a) To organize community consultation and information disclosure on the project and itspolicy on compensation, allowances and resettlement to DPs and their communities.b) To cooperate with the Committee for Compensation, Assistances and Resettlement

to carry out the inventory of DPs and their affected land and other assets; and

c) To cooperate with Trung Son HPMB and the Committee for Compensation,Assistances and Resettlement to implement the RP and site clearance, including alsothe verification of the eligibility for compensation, allowances and resettlement of DPafter 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

An RP will be prepared for Trung Son HPP in accordance with the provisions of thisRPF, and submitted to the World Bank for its clearance and to Vietnam’s authorizedagency for its approval

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, tothe extent possible, during project implementation

c) Objectives of RP

d) Socioeconomic studies: baseline information (DP characteristics, economic andcultural conditions, existing incomes and use of natural resources, and informationnecessary for incorporation of an Ethnic Minorities Development Plan into the TrungSon RP.

e) Census/survey results: identification and enumeration of all DP, and identificationand inventories of all lost land, structures and other assets (including temporaryimpacts) through a 100% census and survey The census and inventory should coverbut not limited to the following:

i all types of DPs

ii number and names of DP in each PAH;

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 costi) Site selection (including environmental assessment of proposed sites), sitepreparation, 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 whichthey are eligible

m) Consultation and participation arrangements, including mechanism for grievanceredressal

n) A detailed implementation schedule, corresponding as appropriate to the timetablefor construction of civil works

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

p) Arrangements for internal and external monitoring

q) Entitlement Matrix, listing by column all categories of adverse impact includingcategories of land or other assets lost, eligibility criteria, and entitlements (specified byunit rate, allowance amount, or other measure) for each category

The draft RP will be publicly disclosed by the Bank after it is submitted The Trung SonHPMB also will disclose the draft RP directly to affected communities in both ThanhHoa and Son La provinces, in a place and manner accessible to them Followingfinalization of the RP, both the Bank and Trung Son HPMB again disclose the finaldocument in a similar manner

The draft RP will be furnished to the World Bank for consideration no later than sixmonths prior to the proposed date for actual initiation of the works under the project.Land acquisition will only commence after the World Bank has found the RP to beacceptable, and payment of compensation for land, structures or other lost assetsshould be made prior to land acquisition, or imposition of other adverse impacts

SECTION 5 ENTITLEMENT POLICY

DP will be entitled to the following types of compensation and/or rehabilitation andassistance 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 ofequal productive capacity, DP will be compensated with the land not less than theminimum standard which is necessary to remain their sustainable livelihoods, set inAnnex 1, the difference will be paid in cash at the replacement cost

(ii) If DP partially looses agriculture land and the remaining holding is less than theminimum standard set in Annex 1 but still meets the conditions for continuingcultivation, then the project will supplemently allocate land to ensure the total landholding of the DP is not less than the minimum standard If the remaining holdingdoesn’t meet the condition for continuing cultivation, the project will acquire the entirelandholding and provide "land for land" arrangements of equal productive capacity,satisfactory to the DP However, if the DP prefers to receive cash instead of land, thencash compensation at replacement cost is applied

(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, cashcompensation, at full replacement cost for the acquired area may be provided to theDP;

(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 agriculturalland set 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’schoice;

(v) Where compensation is made in the form of assignment of new land priced lowerthan the price of the recovered land, apart from being assigned new land, DPs whohave land recovered shall also receive monetary compensation equal to the differencevalue; where compensation is made in the form of assignment of new land pricedhigher than the price of the recovered land, DPs shall not have to pay for thedifference

(vi) For the relocating households who do not loose agriculture land but the land areathey are using is smaller than the minimum standard set in Annex 1 will besupplemented for the difference to help ensure their livelihoods improvements

(vii) For agricultural land lying intermixedly with residential areas, and garden and pondland lying adjacent to residential areas, apart from compensation at the price ofagricultural land having the same use purpose, monetary supports are also provided;the prices for calculation of supports shall be equal to between 20% and 50% of theprices of adjacent residential land; the specific support levels shall be decided by theprovincial People's Committees to suit the local realities

(viii) For households, individuals currently using land assigned by State�ownedagricultural or forestry farms on a contractual basis for use for agricultural, forestry,aquaculture purposes (excluding land under special�use forests and protectedforests), if their land is recovered, they shall receive compensation only for remainingexpenses invested in land, but not for the land, and will be supported according to thefollowing provisions:

(a) Supports for households, individuals that receive land on a contractual basis andare public employees or workers of State�owned agricultural or forestry farms, whoare working or have retired, have stopped working for loss of working capacity or havequit their jobs and enjoyed allowances and are directly engaged in agriculturalproduction or forestry; households, individuals that receive land on a contractual basisand are directly engaged in agricultural production as their major source of livelihood.The highest level of monetary support shall be equal to the price of land to becompensated, calculated on the basis of the actually recovered land area which shall,however, not exceed the local agricultural land assignment limits; the provincial�levelPeople's Committees shall decide on the specific support levels to suit the localrealities

(b) Where households, individuals receive land on a contractual basis but are otherthan the subjects specified at (a) above, they shall only receive compensation forremaining expenses 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 therenters of such land shall receive compensation for remaining expenses invested inland

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

(xi) DP whose land is temporarily taken by the works under the project will becompensated for their loss of income, standing crops and for the cost of soil restorationand damaged infrastructure Land will be rehabilitated after the project construction bythe Trung Son HPMB.

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, orcash compensation at replacement cost according to DPs’ choice; and (2) cashcompensation reflecting full replacement cost of the house/structures, withoutdeduction for depreciation or salvage materials or compensate in kind (house andstructure of the same or higher use value), according to DPs’ options

(ii) If residential land is only partially being affected by the project and the remainingareas are not sufficient for reorganizing DP house as specified in Annex 1, then at therequest of the DP, the entire residential land will be acquired and DP will becompensated with either new residential land of equal size or cash at full replacementcost or a combination of both forms

(iii) If house/other structure is only partially being affected by the project and theremaining areas are not convenient to using, the house/ structure will be acquired and

DP will be compensated either by in-kind or cash at full replacement cost, withoutdepreciation or a combination of both forms

(iv) For the resettlement sites: the project ensures that selection of the resettlementsites complies with DP’s preference If the residential land area in DP’s selected sitesdoes not allow full replacement in term of area according to ‘land for land’compensation principle, DP will be compensated with land (house site and garden) notless than the minimum standard for residential land set in Annex 1 If the new land is oflower value than the current one, DP will be compensated in cash at replacement costfor the difference If the new land is of higher value than the current land, DP will nothave 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 Ifthe house/structure built by the project is of higher value than their lost one, DP will nothave to pay for the difference

(b) If DP wishes to receive compensation in cash to build their resettlementhouse/structure, the compensation amount will not be less than the cost forconstruction of house/structure with technical standard specified in Annex 1

(vi) Tenants, who have a lease contract for a house for residential purposes at the time

of land acquisition and wishes to continue the lease for at least another 6 months, with

a verification from local authorities, will be provided with a cash grant of six monthsrental fee at the prevailing market rate in the area and will be assisted in identifyingalternative accommodation

c) DP losing business

(i) The mechanism for compensating loss of business will be: (1) the provision ofalternative business site of equal size and accessibility to customers, satisfactory to theDP; (2) cash compensation for lost business structure reflecting full replacement cost ofthe structures, without depreciation; and (3) cash compensation for the loss of incomeduring the transition period The amount will be specified in the RP

d) DP will also be provided compensation at full replacement cost, without deductionfor depreciation and salvage materials for any other fixed assets affected in part or intotal by the project

In cases where community infrastructure such as schools, factories, water sources,roads, sewage systems is damaged and the community wishes to reuse them, theproject will ensure that these would be restored or repaired as the case may be, at nocost to the community Provision of infrastructures in the resettlement sites ensuresbetter access for DP than their current location

The host communes will be assisted to improve, extend or upgrade their publicstructures and infrastructures to accommodate the increased population Theassistance amount to be provided to host communes will not exceed VND30mil./eligible relocating household This fund will be transferred to the commune’sbudget to be used on the upgrading, extension or rehabilitation of the publicinfrastructures The management and usage of this fund will be detailed in RP

SECTION 6 ALLOWANCES AND OTHER ASSISTANCE TO RELOCATING PAH

Besides the direct compensation for lost assets, relocating PAH also will be entitled toadditional allowances intended to meet transitional costs, including but not limited tothe followings (all allowances will be defined in RP and will be adjusted for inflation andother raises 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 theprovince and VND5 million/household if they relocate to a different province In specialcase when relocating PAHs have to wait for their resettlement houses to be completedwhich was not their fault, they are (i) to be provided with temporary residence or (ii)temporary rent cost

+ 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 landholdings

+ 15kg of rice/person/month if they loose between 30% and less than 50% of landholdings

+ 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

(không vào điểm tái định cư)

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 adifferent province 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 VND 200,000/household

e) Energy subsidy allowance

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

h) Relocation bonus

A one-time bonus payment not to exceed VND 5 million will be awarded to relocatingPAH who dismantle their houses and vacate their premises in accordance with theresettlement schedule

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

The objective of livelihood improvement (or restoration) often cannot be achievedsolely through payment of compensation for lost assets and transitional allowances.Especially in hydropower projects, resettlement often imposes significant changes in

DP livelihood patterns While compensation might in principle be enough for assetreplacement, there may not be comparable assets available for purchase in proximity

to relocation sites Households may be relocated to areas with unfamiliar terrain ordifferent climate conditions, forcing them to adapt to different cropping patterns orproductive technologies They also may face unfamiliar market conditions, often losingtheir existing customer base It also may be the case, however, that the new locationmay present new economic opportunities, but DPs may need special skills or attributes

to benefit from them

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,extension services, or other inputs

In addition to such livelihood program activities, the RP will include the followingentitlements:

Production Disruption Allowances

Relocating households involved in agricultural, forestry and fishing production willreceive a one-time allowance in cash or in kind, at DP’s preference, for their productioninputs such as seedlings, fertilizers, breedings, fertilizers and pesticides for their cashcrops, perennial trees and livestock production.…

a) Amount of allowance:

- household with 1 person will receive 3mil.VND/household

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

b) Relocating households 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

The project will reserve an amount equivalent to VND 5 million per relocatinghousehold or a household loosing more than 10% of production land to implement aprogram to support these households in their effort to diversify their income by taking

vocational trainings (on non-farm activities) Details for implementation of this programwill be developed in RP.

Assistance to Disrupted Businesses

For economic establishments, production and business households having businessregistration certificates:

a) To compensate for loss of income, a support equal to 30% of 1-year income after tax

at the average income of the previous 3 years is made

b) To provide a support equal to 70% of the basic salary for permanent labourers foreconomic establishments, production and households The period to calculate supportmust not exceed 6 months

c) Where a business is relocated, a new one having equal area and customer accesscapacity should be provided to suit the displaced persons, or a cash compensationamount for the loss of area at the request of the DP should be made at thereplacement price, added by support for transport expenses to relocate assets andproduction materials attached to the area

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

DP having restricted or difficult access to production resources as a result of the projectwill be supported Assistance measures will be considered and implemented on a case

by case basis

SECTION 8 SITE SELECTION, PREPARATION, AND RELOCATION

PAH relocating because of Trung Son HPP may choose to find their own resettlementsite, or to move to resettlement sites for which they participate to plan and implement.For resettlement sites prepared by the project, the RP shall provide details on thefollowing:

a) Institutional and technical arrangements for identifying and preparing relocationsites, for which a combination of productive potential, location advantages, and otherfactors is at least comparable to the advantages of the old sites, with an estimate of thetime needed to acquire and transfer land and ancillary resources;

b) Arrangements for timely payment of compensation for lost housing at replacementcost, providing sufficient time and money for relocating PAH to construct replacementhousing consistent with prior living conditions and cultural preferences, and suitable forthe size of household, with the house area being not smaller than the standard set inAnnex 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) foreach relocating PAH;

e) Results of consultations with relocating PAH, indicating their general acceptance ofproposed relocation sites, and describing measures taken to alleviate any PAHconcerns;

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

on land for resettlers for the remaining land after land acquisition or new landassignment;

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…),and lost social services (e.g., schools, health services…) to ensure the replacedstructures, infrastructures and social services are better than the lost ones, or toconsider to compensate for these losses in cash if DP community wishes to restorethese public infrastructures and services themselves

j) Similar plans for infrastructures and social services provision in the hostcommunities, 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 andmanage these impacts (coordinated as appropriate with the environmental assessment

of the main investment requiring the resettlement)

SECTION 9 GRIEVANCE PROCEDURES

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

in compliance with the current regulations of Vietnam, with procedures specified asfollows:

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 itreceive the complaint

Second step:

If any aggrieved person is not satisfied with the decision in stage 1, he/she can bringthe complaint to the District People’s Committee (DPC) or District Committee forCompensation, Assistances and Resettlement (DCCR) within fifteen days from the date

of the receipt of the decision in stage 1 The DPC or DCCR will reach a decision onthe complaint within fifteen days.

Third step:

If the aggrieved person is still not satisfied with the decision at district level, he/she canappeal to the Provincial People’s Committee (PCC) within 45 days of receiving thedecision 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 besubmitted for consideration by the District Court within 45 days of receiving thedecision of the PPC The District Court will reach a decision on the complaint within thetiming regulated by the Vietnam’s law

Aggrieved DPs who are poor and are certified by the PPC of the commune registered

by DPs will be exempted from administrative or legal fees associated with pursuit ofgrievances

SECTION 10 INTERNAL AND EXTERNAL MONITORING

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 Externalmonitoring reports will be submitted twice a year to Trung Son HPMB and to the WorldBank

Internal Monitoring

Internal monitoring is intended to:

(a) Verify that the baseline information of all DPs has been carried out and that thevaluation of assets lost or damaged, and the provision of compensation, resettlementand other rehabilitation entitlements has been carried out in accordance with theprovisions of this RPF and 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 withthe provisions of the RP

(d) Record all grievances and their resolution and coordinate with the relevant parties

to ensure that complaints are dealt with in a timely manner

External Monitoring

An independent agency or agencies or individual consultant will be retained by TrungSon HPMB to periodically carry out external monitoring The external monitor will be

academic or research institutions, non-Governmental Organizations (NGO) orindependent consulting firms, all with qualified and experienced staff, operating underterms of reference acceptable to the World Bank.

The general objective of the external monitor is to provide an independent periodicreview and assessment of achievement of resettlement objectives, the changes inliving standards and livelihoods, restoration of the economic and social base of theaffected people, impact and sustainability of entitlements, and the need for furthermitigation measures (if any)

The main indicators of independent monitoring include:

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

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

c) Provision of technical support for house construction to PAH who rebuild theirstructures on their remaining land, or build their own structures in new places asarranged 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 observedand surveyed Any potential problems in the restoration of living standards will bereported

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 ahouse site plot not smaller than 400m2 Depending on the availability of residential land

in the resettlement sites, relocating households might be assigned with larger plot Theproject will be responsible 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 theresettlement sites, relocating households might be assigned with larger plot Theproject will either do the ground leveling for DP or pay them so that they can do itthemselves, at DP’s choice If DP prefers to do the ground leveling DP has to complywith technical requirements as necessary for safety purpose as agreed in the project

c) Households not covered under (a) and (b) above will not be paid for the groundleveling cost.

- Single member PAH or PAH with 2 members: 25m2/household

- PAHs with 3-5 members: 45m2/household

- PAHs with 6 or more members: 65m2/household

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

- House design will allow an adjustment not exceedingss 5% of the above norms(ii) Structures and architecture: the project will present a number of house samplesincluding house on stilts and regular house (concrete house at grade 4) in accordancewith the above-mentioned norms and with equivalent costs for DPs to choose to meettheir culture and preference

(iii) In case DP wishes to build resettlement house which exceeds the above standards,

DP will have to bear the additional costs

3 Production and Garden land

a) Based on the land availability in the locality, tThe relocating households will becompensated with or assigned an agriculture production land area not less than1,5ha/household and ensuring that the productivity or equivalance is not less than 20kg

of rice/person/month The standard for each location will be specified in RP, depending

on the land availability and quality in each location

- Depending on the availability of land in planned resettlement sites, relocatinghouseholds might be assigned with forest production land, grass land or water land foracquaculture production

- Priority will be considered for allocation of paddy rice land to ensure that the DPs will

be able to afford enough food after the rice subsistence period as specified in the RPF

- Agriculture Pproduction land use plan will be specified in RP.

b) Each relocating household will be assigned with garden land adjacent or notadjacent to their residential land with an area that the land availability in the localityallows, but not less than 300m2/household

4 Public structures in the resettlement sites

General principles:

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

b) Structure scale will consider the population at the resettlement sites, including thehost and relocating communities

c) In case there are less than 30 resettling households in one resettlement site which isless than 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 Thescale, however, will not 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 withstructure suitable to local natural condition and culture preference and meet the currentconstruction regulations of Vietnam

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

a) Infant school, kindergarten: Classes of infant school, kindergarten are intended totake 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 therelocating communities, the project will not build separate classrooms there butconsider supporting some fund for the extension or upgrading of that school asnecessary This fund amount is equivalent 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 thecommune center which accommodates 30 and more households, if the land availabilityallows, a playing ground will be arranged The playing ground will be invested only forground preparation cost

e) Market place: The project will coordinate with People’s Committees of the districtsand communes having the concentrated resettlement sites to arrange If theresettlement site has demand for a market places with , an area of land with a suitablesize and location prefered by DP communities shall be arranged The project will payfor the The market place will be invested only for ground preparation cost

5 Infrastructure construction

a) Irrigation: Based on the production condition in the new locations, the project willeither construct new irrigation schemes or upgrade the exsiting ones to effectivelyexploit the use of production 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 themselvesc) Access road system: will be constructed in accordance with general planning onaccess road system in the region, as the followings:

(i) Inter-village roads or roads from outside to the resettlement sites will be constructed

in conformity with the standard of rural road of grade A or equivalent

(ii) Internal roads within the resettlement sites, roads connecting 2 resettlement sitesshall be constructed according to standard B grade or equivalent for rural andmountainous access 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 therelocating households Depending on the condition of each resettlement sites, thewater supply options including concentrated water supply system, gravity system,drilled well or dug well will be choosen

e) Power supply for domestic demand: The project aims at providing electricity to eachrelocating household In case of geographical difficulties, the project will cooperate with

other related 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 forpower 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 (ifany) 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 resettlementsites will be handed over to the local organizations 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

HH Head HH Head Total 509 2,283 555 2,489 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

3 Tam Chung commune 8 36 9 39

B Son La Province 182 799 199 873

I Moc Chau district 182 799 199 873

1 Tan Xuan commune 177 768 193 839

2 Xa Xuan Nha 5 31 5 33

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 agricultural 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

Quan Hoa District

1 Ban Pom Buoi 3 15

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 Produce 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 Informationrequested in the resettlement policy framework regarding the losses of each household

is available in the project file

Any household identified as a displaced person and present in the area prior to the off date of December 10, 2008 will be compensated regardless of whether it is included

cut-in this list or not

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

District/Commune/

Family name, given name

N holds N people

house-Impact

House and land

Land only

iness

Bus-I Huyện Quan Hoá 243 1,006