THE NATURAL DISASTER RISK MANAGEMENT PROJECT, WB4RESETTLEMENT ACTION PLAN (RAP)SAFE HABOUR FOR FISHING BOAT AND MY A SEAGATE SUBPROJECT

COMPENSATION POLICY...12 IV.1 Objectives for Resettlement:...12 IV.2 World Bank Policy on Involuntary Resettlement:...12 IV.3 The resettlement policy of Vietnam Government:...12 IV.4 Rig

QUANG NGAI PROVINCE PEOPLE’S COMMITTEE

-THE NATURAL DISASTER RISK MANAGEMENT PROJECT, WB4

RESETTLEMENT ACTION PLAN (RAP)

SAFE HABOUR FOR FISHING BOAT AND MY A SEAGATE SUBPROJECT

Investor: Quang Ngai Provincial Department of Fishery

Location: My A Seagate, Pho Quang commune, Duc Pho district, Quang Ngai province

Quang Ngai, 2008

-RP299 V8

TABLE OF CONTENT

ABBREVIATIONS 3

Definition of Terms 4

14 Vulnerable Groups Vulnerable groups are distinct groups of people who might suffer disproportionately from resettlement effects, including the poor landless and semi-landless, female-headed, elderly and disabled households No ethnic minority households were found to be adversely affected by this Project, or any subcomponents thereof 5

I PROJECT INTRODUCTION 6

Table I List of Work Categories 7

II LAND ACQUISITION AND RESETTLEMENT SCALE 7

II.1 7

II.3 Fishery port: 9

II.4 Measures to minimise resettlement: 9

II.5 Impact scope of the subproject : 10

Table II.5.1: Sumary on subproject’s effects 10

Table II.5.2: Area of acquired land 10

III SOCIO-ECONOMIC INFORMATION 11

III.1 Information source 11

26 11

III.2 Population characteristics 11

III.3 Occupation and income : 11

III.4 Impacts on land and structures : 12

III.5 12

IV COMPENSATION POLICY 12

IV.1 Objectives for Resettlement: 12

IV.2 World Bank Policy on Involuntary Resettlement: 12

IV.3 The resettlement policy of Vietnam Government: 12

IV.4 Rigth and entitlemenet of the affected households: 15

IV.5 Compensation Policy for permanent loss of Agricultural Land 15

IV.6 Compensation policy for residential land and/or the loss of business land 16

IV.7 Compensation policy for the loss of structures 16

IV.8 Compensation policy for the loss of trees, standing crops and damaged livestock 16

IV.9 Rehabilitation allowance 17

V RESETTLEMENT RELATED ISSUES 17

VI PUBLIC PARTICIPATION, CONSULTATION, AND GRIEVANCE MECHANISMS 17

VI.1 Objectives of Public Information and Consultation: 17

VI.2 Consultation During SubProject’s preparation 18

VI.3 Community Consultation During Implementation: 18

VII IMPLEMENTATION ARRANGEMENTS 20

VII.1 Project owner 20

VII.2 District level 20

VII.3 District Resettlement Committee (DRC) 21

VII.4 Commune level 22

VII.5 The participation of community organizations and PPAPs: 22

VIII.1 Fund allocation mechanism : 22

VIII.2 Compensation price unit : 22

VIII 23

Table VIII.3 Compensation and allowances 23

IX IMPLEMENTATION SCHEDULE 23

IX.1 Activities done : 23

IX.2 Activities to be done : 24

Table IX.2: Implementation schedule 24

X MONITORING AND EVALUATION 24

X.1 Objectives of monitoring 24

Staff for internal monitoring 25

X.3 Independent monitoring 26

Objectives of external monitoring 26

Replacement cost survey 27

Definition of Terms

1 Affected Persons (PAPs) An PAP is any person or persons, household, a firm or

private institution, who, as of the cut-off date of the Project, or any of its subcomponents orparts thereof, would have their:

(i) Right, title or interest in any house, land (including residential, commercial,

agricultural, forest and grazing land) or any other fixed or moveable assetacquired or possessed or otherwise adversely affected, in full or in part,permanently or temporarily; and/or,

(ii) Business, occupation, work, place of residence or habitat adversely affected,

with or without displacement; and/or,(iii) Standard of living adversely affected

2 Compensation Compensation means payment in cash or in kind to replace losses

caused by the Project of land, housing, income and other assets

3 Cut-off Date The date that the subproject census is completed during resettlement

plan preparation, and the DMS is done once the detailed design of that subproject iscompleted The cut-off date of eligibility for entitlement is the 22 May 2008, the date ofDMS completion

4 Eligibility Any person (s) who, at the new cut-off date, was located within the

affected area of the drainage and flood protection, wastewater and public sanitation, andsolid waste components or subprojects parts thereof, and would have their (i) standard ofliving adversely affected; (ii) right, title, or interest in any house, land (includingresidential, agricultural, forest, and grazing land) or any other fixed or moveable assetacquired or possessed or otherwise adversely affected, in full or in part, permanently ortemporarily; or (ii) business, occupation, work, place of residence or habitat adverselyaffected, with or without displacement

5 Land acquisition The process whereby a person is compelled by a public agency

to alienate all or part of the land that is owned or possessed, to the ownership andpossession of that agency, for public purpose in return for compensation

6 Monitoring Monitoring means the process of regularly measuring the progress in

effectively completing project activities and in achieving the goal and objectives of theproject

7 Rehabilitation Rehabilitation is the process of restoring income earning capacity,

production levels, living standards, and social networks in the long-term Rehabilitationmeasures are provided in the entitlement matrix as an integral part of the entitlements

8 Relocation Relocation is the physical movement of an PAP from the pre-Project

place of residence or business to a new location May include rebuilding housing assets,including productive land and public infrastructure in another location

9 Replacement Cost Replacement cost means market value, or its nearest

equivalent, plus any transaction costs such as administrative charges, registration and

potential and/or on its current market value Replacement cost of houses and structures will

be based on current fair market price of new building materials and labor withoutdepreciation or deductions for salvaged building material Replacement cost for residentialland, crops, trees and other commodities will be at the current market value of these assets.This will ensure that the PAPs are able to reconstruct houses and other structures of better

or at least the same quality as before In the absence of land markets, the PPC will establish

a compensation structure that enables PAPs to restore their livelihoods to levels equivalent

to or better than those maintained at the time of land acquisition and/or resettlement

10 Resettlement Effects Resettlement effects mean all negative situations directly

caused by the Project/subproject, including loss of land, property, income generationopportunity, and cultural assets

11 Resettlement Plan An action plan that is time-bound with a budget setting out

resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring andevaluation

12 Severely Affected Person (s) For this Project, severely affected person is defined

as a person who will (i) lose more than 20% of total agricultural or commerciallandholding; (ii) be physically displaced, or lose more than 50% of their main residentialand/or commercial structure, or whose houses or structures are considered unstable orunviable, and/or (iii) lose more than 20% of their total income sources due to the Project

13 Significant Resettlement Effects Resettlement effect is significant for each

subproject when 200 or more persons will experience major impacts “Major” impactsbeing physical displacement from housing and/or loss of more than 20% of thehouseholds’ productive (income-generating) assets

14 Vulnerable Groups Vulnerable groups are distinct groups of people who might

suffer disproportionately from resettlement effects, including the poor landless and landless, female-headed, elderly and disabled households No ethnic minority householdswere found to be adversely affected by this Project, or any subcomponents thereof

semi-I PROJECT INTRODUCTION

1 In several recent decades, the My A Seagate has been seriously sediment, even becompletely sediment in some years which makes fishing boats with capacity of over 33CVunable to enter or park at the harbor In case where there are storms, the fishing boats ofthe local fishermen have to be driven to Tam Quan Seagate of Binh Dinh province to park

or take refuge During the way running away from storms, there are usually pitifuldamages of lives and assets of these fishermen

2 My A Seagate is also the flood drain area of the Thoa River, Truong River and Tra CauRiver Since My A Seagate is often be sediment, the downstream of these rivers are alwaysflooding In the main agricultural production season, if there is only one early flood orthere are some soakers, the whole downstream of these rivers will be long-time flooded,leading to the serious damages and losses of the agricultural production, infrastructureworks and even lives of local people

3 The salt-water area of My A Seagate has been invested in raising shrimps for ten recentyears The rising waters-surface of this area is hundreds of hectares in area In the firstperiod, the raising shrimps capacity of this area was highest in Quang Ngai province.However, in the last five years, because wastewater has been unable to discharge to the seaand the salt water has not been made up by the sea, shrimp epidemic diseases often occur,many families raising shrimps fell in to bankrupt

4 The investment in building My A Safe harbor will ensure the comfortable and safeentrance, exit and parking in any situations for fishing boats ; ensure the flood relief of thebasins of Thoa river, Truong river and Tra Cau river; reduce negative influence of flood tothe local lives; provide salt water and discharge sewage from aquaculture in My ASeagate ; create good conditions for soon establishment of the provincial fishery center sothat contributing to push up the regional socio-economic development

5 Name of subproject: Safe harbor for fishing boats and My A Seagate Works level :Water Navigation Works level IV ; Investor : Quang Ngai Provincial Department ofFishery; Location : the safe harbor for fishing boats and My A Seagate are located at My Aseagate, Duc Pho district, Quang Ngai province My A seagate is located at thedownstream area of Thoa river, Truong river and Tra Cau river, about 4.5km far fromnational way No 1A and 40km far from Quang Ngai city The East of the safe harbor isnext to the fairway, the West is next to the aquacultural area, the South is next to Thoariver and the North is next to the residential area

6 Investment objective: building up a safe parking place from storms for fishing boats andvehicle of the local and contiguous areas in the way to settle about 400 boats withmaximum capacity of 400CV The safe parking place will be built with full infrastructure

of electricity, water and communication in order to meet the demand to secure safe forparking boats as well as to be ready with necessary conditions to extend the project in thefollowing stages so that complementarily build logistics service works, commercialharbour to develop socio-economy of Duc Pho District and serve for the generaldevelopment demand of Quang Ngai province The safe parking place from storms will beequipped with modern radio communication system in order to inform storms and contactwith fishing boats owners and vehicles being off-shore to timely come back Moreover, thework will contribute to release flood and reduce damages and losses for traffic works,agricultural production areas and aquacultural ponds and lakes at upstream of My A

Seagate ; clear way for My A Seagate will help quickly release flood from basins of Thoariver, Truong river and Tra Cau river ; reduce damages and losses caused by rains andstorms for the residential community living in the basins of these rivers.

7 List of works categories: based on the planning of selected site, the basic designs ofworks will be implemented to select the design plan for the works with optimalconstruction satisfying main functions, strength resistance and stability demands of theworks The basic design plan must also satisfy the economic target of most effectiveinvestment rate, ensure environmental and social requirements

Table I List of Work Categories

sand dike

3 Bank preventing sand

II Parking harbor, entrance channels

II LAND ACQUISITION AND RESETTLEMENT SCALE

II.1 Breakwater and sand dyke:

a Northern Bank:

8 The area for building the northern dyke is located at the position with fairly even bottomand natural water level of the area changes from +4,00m to -4,00m

9 The main functions of the bank are stopping waves, major from the northeasterndirection, entering the river gate area The area protected by the breakwater is the leadingchannel to My A seagate (Thoa river) The breakwater prevents the river gate from beingraised the level of silt transported along the bank from the northern direction with theannual volume of 300.000m3

10 Main parameters:

+ Slope of roof towards the sea: 1:1,5

+ Slope of roof towards the channel: 1:1,5

b Southern dyke:

11 The main functions of the bank are stopping additional waves entering from the rivergate area, protect the river gate from being raised the level of silt transported along thebank from the southern direction with the annual volume of 200.000m3

12 Main parameters:

+ Slope of roof towards the sea: 1:1,5

+ Slope of roof towards the channel: 1:1,5

c Bank preventing sand and flood:

13 Main functions: prevent the parking harbour from sand entering from Thoa river andstop flood from Thoa river

14 Main parameters:

+ Dyke altitude level: +3,20m

+ Slope of wing directed the river: 1:1,5

+ Slope of wing directed the harbour: 1:1,5

II.2 Parking harbor, entrance channels:

a Parking line No 1:

15 The parking line No 1 is composed by 44 anchor pillars next to the bank which are

150CV Each anchor pillar has base plate with the grillage construction of Ferro concreteM300 resting on 01 concrete pillar of D500, the designed pillar length is 21m, anchorflange 10T is made of stainless steel resting on the anchor pillar surface at the water level

of +3,50m

b Parking area No 2:

16 The parking area No 2 is composed by 32 anchor pillars which are placed 35x28mapart Each pair of anchor pillars can be parked by 4 or 5 boats with maximum capacity of400CV Each anchor pillar has base plate with the grillage construction of Ferro concreteM300 resting on 03 concrete pillars of D500, the designed pillar length is 21m, anchorflange 20T is made of stainless steel resting on the anchor pillar surface at the water level

- Slope roof for channel dredging: m=5

II.3 Fishery port:

18 Fishery port includes two categories: Pier 400CV and entrance way to the port Thepier is created by three ferro concrete gravitational tanks M300 poured at site with sizeBxLxH=10x19,95x6,5m

Main parameters:

- Port surface level: +3,00 m

- Port bottom level: -3,90 m

II.4 Measures to minimise resettlement:

19 During the project preparation and design, the measures to minimize adverse effectswere pointed out as follows:

(i) Road serves the works construction is water navigation line to minimize landacquisition

(ii) Choose spare land to set up site huts and tents to not affect to the houses andassets of the local people

(iii) The bidder should set up reasonable constructing plan to shorten constructionprogress and minimize the land using time The investor and the consultant have tothoroughly check the construction documents before accepting them.

(iv) The investor and the consultant must strictly control the construction of thebidder in conformity with the agreed plan

(v) The investor has to propagandize the local people about the project scale,construction progress, project effects before implementing compensation

20 In case where land acquisition or influences to the local people’s assets are inevitable,

it is necessary to inventory and compensate in accordance with resettlement Policy Frame

of the project and related policies and laws of Vietnam

II.5 Impact scope of the subproject :

21 The subproject will adversely affect 12 households, of which 11 households will beacquired aquacultural land with total area of 32,227m2 and the remaining household will

be acquired commercial land using for shipbuilding and maintaining site with an area of4,084m2 None of these households is relocated in other places but 11 households areconsidered as seriously affected because they are recovered more than 20% of farm land(Table II.5.1) Besides, the project also acquires the public land of 324,830m2 includingtraffic land, water surface land, unused hilly land, river and wild and waste land (TableII.5.2) There is no temporary land acquisition in this subproject The detail inventory iscarried out in order to list out the actual affected assets and collect the socio-economicinformation of the affected households to be the legal calculation basis for compensation andrecovery for the affected people’s lives

Table II.5.1: Sumary on subproject’s impacts Subproject Number of seriously affected

households

Number of lightly affected households

Total of affected households

My A

Total

Loss

>50%

house

Lossworkshop

loss

>20%

farmland

Losslandtenure

<20%

farmland

harvest/

plants

Numberofhouseholds

Numberofperson

Source: PPMU and DRC

Table II.5.2: Area of acquired land

Total 357,062 m 2

Source: PPMU and DRC

22 The objective of the Resettlement Action Plan (RAP) is to ensure that all the affectedpersons will be compensated for their lost assets with replacement price and enjoy thesupported kinds for them to soon recover their lives, production and income The figures inthis RAP are set up based on (i) Detail Measurement Survey (DMS), (ii) socio-economicsurvey on 100% affected persons, (iii) the replacement price survey and (iv) groupdiscussion with the affected persons

23 The compensation policies and principles applied in the subproject are based onVietnam’s laws and regulations, and the Involuntary Resettlement Policy (OP4.12) of theWorld Bank (WB) In case there is any difference between OP4.12 and Vietnam’s laws,the policy of WB will be applied instead of the regulations of the related Decrees ofVietnam The rules and policies of this RAP are considered as the legal basis forimplementing the compensation and resettlement of My A subproject

24 Quang Ngai People’s Committee has responsibility to approve this RAP and otherissues related to the resettlement After completion of the technical design, the affectedpersons and assets will be exactly determined and the compensation prices will be updatedfor all affected assets based on replacement cost survey carried out during the resettlementimplementation WB will only approve any bidding result of any construction contract forany subproject funded by WB if its land acquisition and resettlement compensations arereasonably completed

25 Due to unserious impacts of the subproject (only 12 households with 58 persons are

affected, none of them is displaced) this RAP is presented in Abbreviated Resettlement

Plan according to the regulation of OP 4.12 of WB.

III SOCIO-ECONOMIC INFORMATION III.1 Information source

26 The socio-economic information of the 12 affected households was collected during

the inventory of affected assets of PAPs by Duc Pho DRC The information will be used asthe term for deciding reasonable supporting measures for the affected persons so that theycan, at least, recover their living standard, income as well as production as they had beforeproject

III.2 Population characteristics

27 All the affected households (100%) are Kinh people None of them is ethnic one

28 The average size of household surveyed is 4.8 persons/household The sexual rate ofhouseholders: there’s only one woman householder The average age of householders is 42and their average education level is 9/12

III.3 Occupation and income :

29 Among 12 affected households, there is one living by fishing boat building andmaintaining, 11 remained one are farmers (mainly doing aquaculture) and small merchants.The farm land acquisition will seriously affect their incomes because farming is their mainlivelihood

30 According to the survey, the affected persons’ average income is1,492,000VND/month/person There is no poor household affected

III.4 Impacts on land and structures :

31 The subproject will recover 357,062m2, of which 32,227m2 land for raising shrimpsand 4,084m2 land of workshops of the 12 affected households, the remained area is publicland (without compensation) For the workshops land, the affected household hired fromthe district People’s Committee (DPC) to use in 03 years (with contract) and the contractwas expired on 15/6/2008 In the contract, it is regulated that when the contract expires, thehousehold has to automatically remove workshops and return the original land to thePeople’s Committee without any compensation

32 The affected assets are whole workshops of the business household, tents and campsand their materials, works for raising shrimps of the related households All the materialsand works are inventoried and measured to be compensated, except the workshops of thebusiness household

III.5 Land Tenure

33 All the affected households have used land legally although they have not had the LandUse Right Certificate (LURC) Their land using can be legalized, except the one who hasland contract with the DPC

IV COMPENSATION POLICY IV.1 Objectives for Resettlement:

34 The objectives of the Compensation Policy is to avoid or mitigate the adverse impacts

on the inhabitants In case of compensation, the affected persons will be compensated orassisted for their losses to ensure that they can have living standards like before or betterthan before

IV.2 World Bank Policy on Involuntary Resettlement:

35 The resettlement activities of WB funded projects must comply with the regulationsstipulated in OP4.12 on the involuntary resettlement policy Accordingly, the affectedpersons must be informed and be consulted on compensation options and land clearance.All affected households are compensated for lost assets and assisted to improve theirlivelihoods and living standards or at least to restore their living standard as before project

36 The lack of legal land ownership will not affect to the compensation entitlement of theaffected persons The assets will be compensated at the replacement price

37 Compensation and resettlement must be aware and implemented as a part of Project.Therefore, compensation and resettlement cost should be included in the project budget

IV.3 The resettlement policy of Vietnam Government:

38 In recent years, Vietnam Government has issued laws and regulations to protect theright and entitlement of the affected persons Such laws of the Socialist Republic ofVietnam are :

(i) The Constitution of the Socialist Republic of Vietnam, 15 April 1992 dated on15/4/1992 and adjusted according to the Resolution 51-2001-QH10 date 25/12/2001 issued

by the Legislative Body in the Session 10 of the Assembly

(ii) Land Law No 13/2003/QH11 (dated December 2003);

(iii) Decree No 188/2004/ND-CP, 16 November 2004, regulation on price land andprice framework for land categories

(iv) Decree No 197/2004/ND-CP, 03 December 2004, on compensation, assistanceand resettlement when land is acquired by the State

(v) Circulation No 116/2004/TT-BTC by MOF issuing the guidelines for DecreeNo197;

(vi) Decree No 181/2004/ND-CP, 29 October 2004, relating to the implementingthe Land Laws

(vii) Circular No 30/2004/TT-BTNMT dated on 01 November on guiding toprepare, adjust and evaluate the land use planning

(viii) Circular No 01/2005/TT-BTNMT (13/4/2005) guiding to implement theDecree No

(ix) Decree No 17/2006 on revising and supplementing some provisions of Landlaw 2003 and Decree No 197 (November 2004)

(x) Decree No 84/2007/NĐ-CP dated 25/05/2007 supplementing on providingcertificate on land use entitlement, order and procedures of compensation, assistance toresettlement in case of land acquisition and grievance redress

(xi) Decree No 123/2007/NĐ-CP dated 27/7/2007 on price land determination (xii) Decision No 55/2006/QĐ-UBND dated 22/9/2006 of Quang Ngai PPC UBND

on order and procedures of setting up a file for land acquisition, hand-over, leasing, landuse entitlement transferring, land use purpose changing and providing land use entitlementcertificate within the location of Quang Ngai province;

(xiii) Decision no 37/2007/QĐ-UBND dated 28/12/2007 of Quang Ngai PPCissuing land prices in the provincial location

(xiv) Decision No 39/2007/QĐ-UBND dated 31/12/2007 of the PPC regulating oncompensation, assistance and resettlement in case of land acquisition in the provinciallocation;

(xv) Decision No 24/2005/QĐ-UBND dated 23/02/2005 of Quang Ngai PPCissuing on plants’ density, price and compensation regulations for farming trees in case ofland acquisition in the provincial location

(xvi) Decision No 02/2007/QĐ-UBND dated 05/11/2007 of Quang Ngai PPCstipulating on compensation price for houses, structures in case of land acquisition in theprovincial location

(xvii) Decision No 54/QĐ-UBND dated 22/9/2006 of Quang Ngai PPC stipulating

on land hand-over norms to build houses and residential land area norms for households,individuals in the provincial location;

39 The 2003 Land Law, which was approved in December 2003 and came into effect on 1July 2004, supersedes the 1998 Land Law The 2003 Land Law is a comprehensive landadministration law that establishes the regulations of land allocation, lease management,land acquisition for development purposes, changes of land value under marketmechanisms, and gives people access to land through land-user rights via land use rightcertificates (LURCs) Some of the more important issues that are relevant to land use,acquisition, and resettlement, are summarized as below:

(i) The State reserves the right to allocate land and determine its usage;

(ii) Families and individuals who have been allocated land have the right to

exchange their land for another piece; transfer their right to use land to anotherparty; and rent, bequeath, or use their land as collateral;

(iii) People's Committees at all levels are responsible for managing land issues in

(vi) The State reserves the right to expropriate land when truly necessary, in cases

of national defense or security, or national and public interest In these cases,under Article 27, the land user will be compensated for loss of land or assets

40 Decree No 197/2004/ND-CP (December 3, 2004) On Compensation, Support and

Resettlement When Land is Recovered by the State has replaced earlier Decree 22 as basis

for Compensation, Support and Resettlement when Land is Recovered by State Decree

197 conforms more closely to ADB’s Policy On Involuntary Resettlement than did Decree

22 and includes a provision that:

For projects using official development assistance (ODA), if the compensation,support and resettlement requests of the donors are different from the provisions ofthis Decree, before concluding international agreements, the agencies managing theinvestment projects must report such to the Prime Minister for consideration and

decision Where the international agreements which Vietnam has signed or

acceded to contain provisions different from those of this Decree, the provisions of such international agreements shall apply.’ (Chapter 1, Article 1, Para 2)

41 The 2003 Land Law and new Decree 197 go a long way towards closing the gaps thatpreviously existed between Government’s and standards required to be applied undervarious official development assistance and therefore now more closely approaches theprinciples of WB resettlement policy

42 Decree 84/2007/ND-CP issued on 25/5/2007 stipulates for providing LURC,procedures and processes of land acquisition and resettlement implementation The Decreeidentifies clearly the time that land user could be considered as legal or illegal user TheDecree requires that the process of resettlement and compensation implementation has to

be democratic and transparent for APs

IV.4 Right and entitlement of the affected households:

43 The households whose shrimp ponds are acquired will be compensated totally for thelosses caused by land acquisition for construction and will be assisted to stabilize theirlivelihoods and to change their occupation With the compensation amount, the affectedhouseholds can buy a similar shrimp pond to continue producing and earning by raisingshrimp Total aquacultural land area of Pho Quang commune is about 60ha owned byhouseholds Many households want to give their ponds for rent or transfer to the others.Out of 11 shrimp raising households, 5 households want to continue raising shrimp.Currently, there is no land fund left in Pho Quang Commune to allocate to the affectedhouseholds However, these households can buy or lease aquacultural land from others inthe commune According to Pho Quang CPC, if there is any new project creating new landfunds, the affected households will be prioritized to be provided with new land Theremaining households have plan to make fishing boats to exploit aquaculture or do servicesrelated to fishing such as providing petrol, ice and foodstuff for fishing boat They will beprioritized to do business in the harbor when it is completed

44 In addition, during the construction, the demand of manual labor is in need (about 50manual labors), the project owner will introduce the affected persons to the constructionexecuting units for selection and mobilize to work for the project; when the project ends,there will create more jobs for fishing services in the port area, the affected persons will beintroduced to work for those services

45 For the shipbuilding yard of household Thai Van Thi: This shipbuilding yard isseparated to his house (the current his house is in Duc Pho town, Duc Pho district) Thehousehold leased this land of Duc Pho DPC for making shipbuilding yard for 3 years (from15/6/2005 to 15/6/2008) The contract stipulates that Mr Thi is allowed to build temporarystructures serving for shipbuilding and reparation within the said period ; when the DPCacquires land, he has responsibility to clear the yard without any compensation Therefore,

Mr Thai Van Thi gets no compensation for the land loss and assets associated with landbut his household is assisted for being stopped producing and gets 20% of affected assetsvalue associated with land When the project ends, his household will be prioritized to

lease land locating in the service area of the harbor to make a new shipbuilding yard (if hestill has demand)

IV.5 Compensation Policy for permanent loss of Agricultural Land

46 For the permanent loss of agricultural land, the affected persons will be entitled to:

(i) Marginal affected person: the persons who lose less than 20% of the totalagricultural landholding and entitled to:

a) Receive cash compensation for the acquired land at full replacement cost, AND b) Receive cash compensation for the loss of standing crops and trees at full marketprice

(ii) Severely affected person: the persons who lose more than 20% of the totalagricultural landholding and will be exempted from tax, registration fee and fee of landtransfer They are entitled:

a) To be prioritized to receive “land for land” compensation with similar productiveland in the acceptable location (if commune has land fund), OR, receive cashcompensation for the lost land as much as the replacement cost, AND

b) Receive cash compensation for the loss of standing crops and trees at full marketprice; AND

c) Receive living allowance and other supporting measures to restore livingstandard and income; AND

d) If the remaining land has no economic value, the affected persons can continueusing it or sell it to the Project at replacement price

IV.6 Compensation policy for residential land and/or the loss of business land.

47 There is no residential land affected by the subproject The affected business landmanaged by Duc Pho DPC and contracted by household Thai Van Thi but the contract isexpired, so there is no compensation for land Therefore, this policy is not applied for thesubproject

IV.7 Compensation policy for the loss of structures

48 The compensation will be made for 3 types of persons whose houses or structures are

in the project site: (i) the affected persons entitled to build houses and structures (legalowners) legally (provided with license or verbal permission); (ii) the affected persons buildhouses and structures without permission including the owners who are informed by thelocal authority of stopping the construction; and (iii) the affected person are leasing houses

or land All affected persons under this subproject are in group (i)

49 The subproject affects shelters and shrimp facilities of 11 households They will beentitled:

(i) Receive cash compensation for the affected structures at the replacement pricewithout deduction of the reused materials The compensation amount must be enough torebuild the similar structures, AND

(ii) The compensation will be based on the real affected land area but not the usablearea

IV.8 Compensation policy for the loss of trees, standing crops and damaged livestock

50 At the time of land acquisition, shrimps were harvested Therefore, there is nocompensation for the loss of shrimp

IV.9 Rehabilitation allowance

51 The rehabilitation allowance can help the severely affected households to restore theirincome and living standards The allowance will be adjusted according to the inflation rate

at the time of compensation The subproject provides 3 allowances for the affectedhouseholds namely living stabilization allowance, business allowance due to stoppingbusiness and vocational training allowance There is no hired labors in the shipbuildingyard, therefore no compensation and allowance is made for them

52 Living stabilization allowance: All severely affected persons will receive an

allowance of 360.000 VND/person/month (equal to 30kg of rice) in a period of 3 months

53 Vocational training allowance: severely affected households are entitled to receive

an allowance of vocational training However, all PAPs in this subproject want to receivecash instead of training Therefore, Quang Ngai PPC assists 10.000 VND/m2 for theacquired agricultural land

54 For the household whose shipbuilding yard is affected will be provided 2.000.000VND for stopping business In addition, they are prioritized to hire land in the service area

of the harbor to continue their business

55 During the construction, the project owner will introduce the affected persons toconstruction units so that they can be recruited to work at the site ; when the project ends,they will be given priority to do business in the fishing service area

V RESETTLEMENT RELATED ISSUES

56 As mentioned above, this subproject will be constructed in the inundated area andfallow land where separate from the residential area therefore, there is no affected housesand resettlement issues

VI PUBLIC PARTICIPATION, CONSULTATION,

AND GRIEVANCE MECHANISMS VI.1 Objectives of Public Information and Consultation:

57 The aim of information dissemination, consultation and participation of the affectedpersons as well as the related agencies is to achieve the transparency of the Subproject, tomitigate potential conflicts and the constraints to slow down the progress of the projectmeanwhile the subproject can design the resettlement and restoration program as a

comprehensive development program meeting with the demand of the prioritization of theaffected persons

58 The main objectives of information dissemination, consultation and participation of thestakeholders are (i) provide for the affected persons full project information, componentsand proposed activities ; (ii) collect information on demand and priorities of the affectedpersons and affected community, the response to the project polices and activities ; (iii)gain the cooperation and participation of the affected persons into the proposed activitiesrelating to making and implementing the resettlement plans ; (iv) ensure that the affectedpersons can participate into the decision making related to problems affecting directlytheir incomes and living standards (v) To ensure transparency in all activities related toland acquisition, resettlement, and rehabilitation

VI.2 Consultation During SubProject’s preparation

59 During the subproject preparatory phase, the Consultant made the survey for My ASeagate in July and August/2007 and the Project owner had a working session withauthorities at district and commune levels and the inhabitants in the project area to informthe project information, including project components, objectives and implementationplans This activity will be continued by the PPMU and the local authorities during theproject implementation

60 On 09/8/2007, the representative of the project owner had a meeting with Duc PhoDistrict People’s Committee, Pho Quang commune authority and the inhabitants tointroduce the project investment intentions, some special contents of the safe harbor and

My A Seagate subproject and declare the plan of land acquisition for project construction

61 On 20th August 2007, the repetitive of project owner in combination with the district,commune authorities and other sectors had a meeting with 12 affected households todiscuss on the inventory, compensation, policies of compensation, resettlement and liferestoration for the affected persons in the subproject area

62 In addition, the project got consultation from the related agencies such as My AFrontier Post, Vietnam Institute for Water Resources Research, Center of Coastal andengineering, Ministry of Agriculture and Rural Development, Prof Do Tat Tuc, HanoiWater Resources University

63 Most of the affected persons support the subproject, accept the compensation policy,request for the satisfying compensation price ; request for the consideration of the projectowner and the local authority that they should prioritize the affected persons to work in theharbor (after completion of harbor construction) and provide them with new land

VI.3 Community Consultation During Implementation:

64 During the project implementation, before carrying out resettlement activities theaffected persons should be informed of the project resettlement procedures, the detailedresettlement policy and the entitlemets of the affected persons, the resettlement executingunits and the grievance machanism In this phase, the affected persons are entitled to beinformed and to show their views on the inventory outcomes, the proposed compensationplan, applying compensation prices for affected land and assets as well as their entitlement,the displacement options and proposed resettlement sites (if any)

65 After the detailed inventory and survey (DMS), a public meeting will be conducted toprovide the affected persons with suplementary information of the project and inventoryoutcomes After applying compensation prices for affected assets, the compensation planshould be sent to each affected household for checking before submitting to PPC forapproval Commune PC will send the invitations of meeting to the affected persons Theoutcomes of inventory and compensation plan should be posted publicly in CPC’s Office,PPMU’s Office and DRC’s Office so that affected people can access and check.

66 Project information dissemination should be continued throughout the projectimplementation using different means of mass media so that the community and theaffected people can be awared of Therefore, they can have best choices to recoverdifficulties in the transitory phase and improve their icomes and living standards

67 This RAP will be provided for PAPs and related agencies after approved by the WorldBank and Quang Ngai PPC

VI.4 Grievance Redress Procedure

68 PAPs are also informed that if there is any confusion or misunderstanding about anyaspect of the Project, the resettlement committee can help resolve problems If they havecomplaints about any aspect of the land acquisition, compensation, resettlement, andrehabilitation process, including the compensation rates being offered for their losses, theyhave the right to make complaints and to have their complaints solved up PAPs willreceive an explanation about how to access grievance redress procedures

69 To ensure that the complaints of PAPs about any aspect of the land acquisition,compensation, resettlement, and rehabilitation are addressed timely and satisfactorily, agood grievance mechanism should be given It is important that the PAPs must be aware ofthe procedures of the grievance mechanism The detail of grievance settlement procedureswill be public to all PAPs

A four-stage procedure for redressing grievances is established as follows:

Stage 1- Complaints from PAPs on any aspect of the resettlement program, or losses not

previously addressed shall first be lodged verbally or in written form to Pho Quangcommune people's committee The complaint can be discussed in an informal meeting withthe plaintiff and the chairman of the people's committee The Commune people'scommittee will be responsible for resolving the issue within 15 days from the day it islodged

Stage 2 - If no understanding or amicable solution cannot be reached, or if no response

from the people’s committee at commune level is received by the PAPs within 15 days ofregistering the complaint, he/she can appeal to the District Resettlement Committee of DucPho district Vice chairman of District PC will directly address the complaints of PAPs.Duc Pho DRC will provide a decision within 1 month of the registering of the appeal

Stage 3 - If the PAPs is not satisfied with the decision of the DRC, or in the absence of any

response by the DRC, the PAPs can appeal to Quang Ngai Provincial People’s Committee.The Provincial People’s Committee together with the representative of Resettlement

Committee will provide a decision on the appeal within 30 days from the day it is lodgedwith the PPC.

Stage 4 - If the PAP is still not satisfied with the decision of the PPC or DRC on appeal, or

in absence of any response from the PPC within the stipulated time, the PAPs as a lastresort, may submit his/her case to the district court

VII IMPLEMENTATION ARRANGEMENTS VII.1 Project owner

70 The project owner is in charge of collaborating with DRC of Duc Pho district toimplement all activities relating to land clearance, including project informationdissemination, the inventory, determination of eligibility of the affected land, classification

of lands based on current policies, making compensation plan and rehabilitation of PAPs’lives and incomes according to the project policy and Vietnam laws The mainresponsibilities are as follows :

(i) Making detailed plan on RAP implementation to the progress required by theproject

(ii) Making regularly internal monitoring on RAP implementation Providingdocuments serving for resettlement activities such as the approved technical designs orother related documents

(iii) Along with DRC to take responsibilities in accuracy, reasonability of theinventory data, the suitability of the resettlement policy framework and compensation plan.(iv) Certificate and restore all documents related to resettlement; managecompensation fund sources, pay and disburse the expenditures according to therequirements of the project

(v) Address all complaints of the PAPs on compensation and resettlement after DRChave solved but not satisfied, in accordance with the current Ordiance of the State

(vi) Hand over in time the cleared land to the construction units

VII.2 District level

71 District People’s Committee has responsibilities :

(i) Disseminate the compensation, assistance and resettlement policies to

individual affected hóuseholds, organizations and encourage them toimplement the land clearance according to the land acquisition Decision

of the state authority

(ii) Establish DRC and guide the DRC to arrange the implementation of

compensation, assistance and resettlement policies; verify and approvecompensation plans according to the decentralization of the province ;(iii) Address the grievances of the PAPs on compensation and resettlement

under their responsibilities;

(iv) Direct district departments to implement the verification of

compensation and resettlement plans submitted by DRC prior to theDistrict PC approval

VII.3 District Resettlement Committee (DRC)

72 The DRC established by DPC have the following functions :

(i) Take the leading role in setting, submission and conduct the

implementation of compensation, assistance and resettlement options ;finalize the compensation budget document to submit to the EvaluationPanel and submit the authority level for approval, do other task required

by DPC

(ii) Take responsibilities of the accuracy and reasonability of the inventory

data, the legacy of the compensated land and assets, the suitability of thepolicy framework and resettlement options The Committee operateaccording to the collective principles and decision is made by majority ;

in case of equal votes, the decision will be made according to the sidewhere the Chairman of the Committee stands for

(iii) Collaborate with agency of land survey and clarify the eligibility of the

land orgin, types of land on the basic of current policy

(iv) Directly address the issues relating to compensation, displacement, living

standard recovery and ground clearance in collaboration with relatedagencies

(v) Directy inspect and certificate all documents on ground clearance made

accordance with law and project’s regulations

(vi) Organize the compensation payments for households

(vii) Widespread inform the people of the cleared area for project construction

in local media, publicize the compensation policy ; widespreaddisseminate the aim and necessity of ground clearance for constructionsite

(viii) In collaboration with the related agencies to finalize land use certificate

for households whose lands are changed due to the project impacts (ix) Manage the compensation funds pursuant to project policy and Vietnam

regulations When DRC receives fund allocation, DRC are subject to pay

for the PAPs and related agencies including all the expenditures pursuant

to the requirements of the project

(x) Directly Address the grievances of the community on ground clearance

pursuant to the current Ordiance of the State after CPC has appealed butnot satisfied

(xi) Ensure to hand over the cleared ground according to the project progress

In case of the ground clearance being late, DRC must report and proposeDPC and PPC

VII.4 Commune level

73 CPC has the following functions:

(i) Disseminate the purposes of land acquisition, compensation policy, assistance

and resettlement, encourage the people to obey the compensation statepolicy of ground clearance

(ii) In collaboration with DRC to inventory, clarify land and assets of the

PAPs, take responsibility to law on the certification of land and assets of thePAPs such as the time of using land, building house, other assets on landand related issues

(iii) Collaborate and create conditions to pay the compensation, assistance and

resettlement allowance for the PAPs and also for ground clearance

(iv) In collaboration with DRC to conduct the discussion and meeting with the

PAPs

VII.5 The participation of community organizations and PPAPs:

74 During the RAP implementation, the PAPs and their representatives will join in thefollowing activities :

(i) Inventory, measure land, standing crops of PAPs

(ii) Monitor the compensation pursuant to the state regulations

(iii) Public organizations at commune levels such as Women Association, Farmer

Association, Fatherland Front will assist to mobilize and encourage PAPspositively to take part in the compensation process from the RAPimplementation to information dissemination and public consultation

VIII EXPENDITURE AND BUDGET VIII.1 Fund allocation mechanism :

75 To ensure timely fund allocation to implement the resettlement activities, Quang NgaiPPC will allocate the counterpart fund to PPMU for the payments of compensation,rehabilitation assistance and costs for resettlement implementation of PPMU and DRC

VIII.2 Compensation price unit :

76 Price to compensate for the loss of assets of this subproject is based on the replacementprice at the time of having Decisions of land acquisition and Decree No197/2004/ND-CP,

03 December 2004, on compensation, assistance and resettlement when land is acquired bythe State, Decree no 84/2007/NĐ-CP dated 25/05/2007 supplementing on providingcertificate on land use entitlement, order and procedures of compensation, assistance toresettlement in case of land acquisition and grievance redress and the following decisions

of Quang Ngai provinces :

(i) Decision no 37/2007/QĐ-UBND dated 28/12/2007 of Quang Ngai PPC issuingland prices in the provincial location;

(ii) Decision No 02/2007/QĐ-UBND dated 05/11/2007 of Quang Ngai PPCstipulating on compensation price for houses, structures in case of land acquisitions in theprovincial location

77 Because the project area locates far from Quang Ngai city and in the poor rural areawhere there is no change in land price, the compensation price for land is applied based onland price issued by the PPC in January 2008 which updated according to actual land price

in the locality Compensation price for affected structures ensures that PAPs can make thenew similar structure Compensation price for crops is market price at the time ofcompensation implementation

78 Compensation prices and allowances were discussed with PAPs in public meetings andgot their agreement They required to receive the compensation and allowances soon tobuy or lease land to continue farming

VIII.3 Compensation and assistance cost

79 Based on the compensation and assistance policy described in the previous parts of theRAP and the actual price of the affected assets, the DRC made the compensation costestimation with the total of 5,018,227,930 VND (304,135$US, exchange rate: 1USD

=16,500VND), including compensation cost for the affected assets of 4,320,103,623VND,assistance cost of 365,450,000VND, the implementation and contingency cost of332,674,307VND (Table VIII.3)

Table VIII.3 Compensation and allowances

Unit: VND

- Compensation for the loss of assets 3,074,755,623

80 My A PMU and DRC of Duc Pho district have done the following actives:

(i) disseminate information on policy of compensation, assistance and resettlement

of the State ;

(ii) Training on inventory, land measurement, socio-economic survey; makingsocio-economic survey of all PAPs and DMS in My A harbor area

(iii) Processing data of socio-economic survey and DMS,

(iv) Making compensation plan

IX.2 Activities to be done :

81 The following activities will be done after RAP is approved :

- Meeting with affected households to inform of compensation plan;

- Submit PPC for approval the compensation plan;

- Compensation payments for PAPs

- Land clearance and hand-over to the Contractor ;

- Monitor, evaluate and address the grievances

Table IX.2: Implementation schedule

83 The general objective of monitoring is to ensure timely and accurate compensation andimplementation of the resettlement program as defined in the RP RP implementation will

be monitored both internally and externally with the objective of providing feedback tomanagement on implementation and identifying problems and successes as early aspossible to facilitate timely adjustment of implementation arrangements Regularmonitoring of the RP implementation will be conducted by the implementing agencies andADB, as well as by an external independent monitoring organization (IMO)

X.2 Internal Monitoring

84 Quang Ngai PUM with the assistance of resettlement specialists takes charge ofinternal monitoring relating to RAP implementation PMU monitors the land acquisitionand resettlement clearly mentioned in RAP PMU updates the resettlement progressthrough periodical progress report

The main indicators that will be monitored by PPMU regularly are:

(i) payment of compensation to PAPs in various categories, according to thecompensation policy described in the RAP;

(ii) delivery of income restoration and social assistance entitlements;

(iii) public information dissemination and consultation procedures;

(iv) Priority of PAPs regarding the options offered;

(v) adherence to grievance procedures ;

(vi) Restore the affected public structures

Staff for internal monitoring

85 A staff of CPO will take charge of internal monitoring of the resettlementimplementation including collecting progress information and outcome of the monthlyresettlement implementation from the Bo Trach DRC ; making periodical internalmonitoring report on resettlement progress The internal report includes the followingcontents :