RESETTLEMENT PLANFOR ADDITIONAL INVESTMENTS MEDIUM CITIES DEVELOPMENT PROJECT PHU LY CITY SUBPROJECT, HA NAM PROVINCE

Preliminary statistic on impacts of land acquistion and resettlement for each additional investment of Project Permanent impact Temporary land acquisiton area m 2 The number of affected

Phu ly, 2015

RESETTLEMENT PLAN

FOR ADDITIONAL INVESTMENTS

MEDIUM CITIES DEVELOPMENT PROJECT

PHU LY CITY SUBPROJECT, HA NAM PROVINCE

HA NAM PROVINCE PEOPLE’S COMMITTEE

PHU LY CITY PEOPLE’S COMMITTEE

2.1 Mitigation measures for land acquisition and resettlement 62.2 Additional components of Project and Resettlement 6

3.OBJECTIVES AND PRINCIPLES OF RESETTLEMENT POLICY FRAMEWORK

6 PRINCIPLES AND POLICIES FOR RESETTLEMENT, COMPENSATION AND

9.1 Objectives of public consultation and participation 339.2 Community Consultation During Project’s Preparation stage 349.3 Consultation During Project’s Implementation stage 36

14 ESTIMATED COSTS AND BUDGET 52

APPENDIX

APPENDIX 1 – ENTITLEMENT MATRIX

APPENDIX 2 – MINUTE OF CONSULTATION

APPENDIX 3 – LIST OF AFFECTED HOUSEHOLDS

APPENDIX 4 – PICTURES

TABLE

Table 1 Summary of investment components proposed by Project 4

Table 2 Preliminary statistic on impacts of land acquistion and resettlement for each additional investment of Project 12

Table 3 overview of affected volume by Project’s additional investments 14

Table 5 Occupation of household head 16

Table 5 The number of affected households are belonged vulnerable group according to each investment 17

Table 6 Possession of assets 17

Table 7 Comparison of GOV’s and WB’s policies related to compensation, support and resettlement 21

Table 8 Summary information of the public consultation and information dissemination 34

Table 9 Vietnam Bank for Social Policy 40

Table 10 Demand on resettlement 42

Table 11 Implementation plan for activities of land acquistion and land compensation 51

Table 12 Total estimated cost for RAP implementation 55

ODA : Official Development Assistance

PC, UBND : People Committee

RP : Resettlement Plan

RPF : Resettlement Policy Framework

SES : Social-economic survey

IOL : Inventory of Losses

DMS : Detailed Measurement Survey

MOLISA Ministry of Labour, Invalids and Social Affairs

LUR : Land Use Right

VNĐ : Vietnam Dong

USD : US Dollar

DEFINITION OF TERMS

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

of land or to restrictions in the use of legally designated parks orprotected areas People directly affected by land acquisitionmay lose their home, farmland, property, business, or othermeans of livelihood In other words, they lose their ownership,occupancy, or use rights, because of land acquisition orrestriction of access

Displaced person (s) Individuals, organizations or businesses that are directly

affected socially and economically by WB-funded projectscaused by the involuntary taking of land and other assets thatresults in (i) relocation or loss of shelter; (ii) loss of assets oraccess to assets; or (iii) loss of income sources or means oflivelihood, whether or not the affected persons must move toanother location (those with livelihood impacted permanently ortemporarily) In addition, affected person is one for whominvoluntary restriction of access to legally designated parks andprotected areas that result in adverse impacts on livelihoodsalso

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

acquisition for the relevant project (Article 67.1 of Land Law2013) before implementation of detailed measurementsurvey Affected persons and local communities will be informed

of the cut-off date for each project’s component, and thatanyone moving into the project component areas after that datewill not be entitled to compensation and assistance under theProject

Eligibility The criterias to receive benefits of compensation or support are

according to Resettlement Program of Project Replacement cost The term used to determine the amount sufficient to replace lost

assets and cover transaction costs For loses that cannot easily

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

or forest areas), attempts are made to establish access toequivalent and culturally acceptable resources and earningopportunities

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

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

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

Entitlements : Include compensation and assistance for DPs based on the

type and extent of damageInventory of Losses

(IOL)

: Is process of accounting for physical assets and incomeaffected by project

Vulnerable groups Groups of people who might suffer disproportionately or face the

risk of being further marginalized by the effects of resettlementand specifically include: (i) women headed household (single,widow, disabled husband) with dependents, (ii) disableds (loss

of working ability), the elderly alone, (iii) poor people according

to the criteria issued by the MOLISA, (iv) the landless, and (v)ethnic minority people

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

wage employment by using one’s endowments (both humanand material) to generate adequate resources for meeting therequirements of the self and household on a sustainable basiswith dignity

Income (livehood)

restoration

: A set of acitivities to be provided to the affected people who lostincome sources or means of livelihoods to restore their incomeand living standard, as equal or better than pre-project level.Severely Displaced

Person

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

Stakeholders Any and all individuals, groups, organizations, and

institutions interested in and potentially affected by a project orhaving the ability to influence a project

Project Introduction

1 Phu Ly city is implementing the Medium Cities Development Project – Phu Lysubproject, funded by World Bank in treatment of development credit The project is beingimplemented in 5 years with 04 main components:

- Component 1: Basic Infrastructure Upgrading and Services Improvement;

- Component 2: Environmental Sanitation Improvements;

- Component 3: Urban Roads and Bridges;

- Component 4: Technical Assistance and Capacity Building

2 In project implementation process, some items have not carried out in this period such

as embanment of Lam Ha 1 lake (belongs Component 2) The funding source using for this lakewill be transferred to additional items including: Improvement and upgrading of Luong KhanhThien secondary school (PL1-03 package); (ii) Embankment of North riverside of Chau Giangriver from discharging gate of II Trang Lac pumping station to Chau Giang bridge (added PL2-

01 package); (iii) Construction of North road from medical unit of Bach Mai hospital to D4-N7road (added PL3-01 package); (iv) Construction of DT491 detour (added PL03-02 package)

3 Resettlement plan is prepared for additional investments of project, guiding relevantactitivities for compensation and land acquisition during implementation process of Project’sadditional items

Land acquisition scope

4 There are only (03) in (04) additional items will be acquired land and resettled topeople in Project area for construction of road and embankment It is an importance causing thebig influence to project implementation progress as well as the success of project In feasibilitystudy of project, both the close coordination of PMU and the consultation with local authorities

at all level, Technical Consultant implemented in an effort to select, define working location.The aim of those is to avoid and mitigate scope of land acquisition is the lowest

5 According to initial survey information in October, 2015, the estimation of totalpermanent land acquisition area for the implementation of additional items is about 44,729 m2,

in which: Residential land 2,551 m2; Agricultural land 3,962 m2 and 38,216 m2 remains ismanaged by Ward/City PCs The number of households affected by land acquistion of Projcect

is 109 households, in which 12 severely affected household by land acquisition over 20% ofagricultural land and 15 households must relocate Specific:

- Item ii - Embankment of North riverside of Chau Giang river from discharging gate of

II Trang Lac pumping station to Chau Giang Bridge The investment site is in Lam Haward Total land acquisition area of this item is 3,962m2 of agricultural land Thereare 17 affected households, of which there are 12 affected households losing ≥20%

of their agricultural landholding

- Item iii - Construction of North road from medical unit of Bach Mai hospital to D4-N7road The investment site is in Lam Ha ward Total land acquisition area of this item is9,493m2 of which 409m2 of residential land; and 9.084m2 of the other land managed

by ward PC There are 30 households, of which there about 3 households to berelocated to resettlement areas

- Item iv - Construction of DT491 detour The investment site is in Liem Chinh ward.Total land acquisition area of this item is 29,952m2 of which 2,142m2 of residentialland; and 27,810m2 of the other land managed by ward PC There are 62 households,

of which there about 12 households to be relocated to resettlement areas

6 Construction works will not temporary land acquisition because they will gather rawmaterials, machinery, camps… in the area permanent land acquisition

Legal framework and compensation policy

7 Compensation policy in Phu Ly sub-project will comply with World Bank involuntaryresettlement policy OP/BP 4.12 and laws, regulations of Vietnamese government and theResettlement Policy Framework (RPF)

8 The basic principle applying for Resettlement Plan is that displaced persons (DPs) aresupported sufficiently to have better living standard, incomes and productivity or at leastequivalent ones in comparison with prior to project implementation All project affected peopleliving at project sites before cutoff date are compensated or supported Lack of legal basic onland owning will not interfere the affected households accessing the compensation and/orsupport of economic recovery Lost properties will be compensated based on replacement cost

Institutional arrangement

9 Compensation, support and resettlement are implemented directly by Land –budgetDevelopment Center; compensation, support and resettlement Committee These units workclosely with related agencies, commune authorities and communities in the project site toensure timely compensation and land acquisition, in accordance with the approved RP

Consultation and participation

10 RP of the project was issued in close cooperation will local authorities, communityrepresentatives and affected people Commune authorities and representatives of affectedhouseholds were consulted through different means and information channels includingcommunity meetings and consultations, questionnaire for all affected households Theinformation collected during consultation is important to make resettlement policy includingplans of compensation, support and incomes restoration A consultation strategy has beendeveloped in RP for project implementation

Grievance and grievance redress mechanism

11 The project has established a Grievance Redress Panel as an independent body thatwill support resolving and monitoring the processes concerning grievances, complaints andqueries as a result of the project intervention The system established by the project is thought

to allow aggrieved affected persons (APs) to lodge their complaints and receive resolutions,according to the project’s resettlement policy framework (RPF) and the project’s operationalmanual Three different steps have been shown with role for Grievance panel, ProvincialPeople’s Committee, District courts A resettlement contact person at the PMU works directlywith DPs as an informal first step prior to the grievance panel The aggrieved APs will beexempted from any administrative and legal fees that might be incurred in the resolution ofgrievances and complaints The information on Grievance redress mechanism will be fullyinformed to the DPs by appropriate measures

Monitoring and evaluation

12 The implementation of detail resettlement plan will be monitored and evaluatedinternally In addition, an independent consultation unit employed by Project Management Unitwill evaluate and monitor the implementation of RP Monitoring aims at timely solvingimplementation issues and difficulties

Implementation plan

13 The resettlement plan implementation will be carried out in coordination withconstruction or infrastructure works of the project Site clearance is required to complete beforethe contractor receiving the site for construction It is expected that this work will be completed

in the first quarter, 2016

Cost estimation

14 The total site clearance and resettlement cost is estimated at around VND23,715,914,079 which is equivalent to USD 1,064,449 (exchange rate: VND 22,280 = USD 1).This cost includes compensation, land and construction support, programs for incomerestoration, transfer support, monitor and evaluation, administration management, andcontigentcy 10% of total Compensation cost for other land being under administration by thelocal authority (land-to exempt money from using land) is part of the project investment cost

15 Site clearance and resettlement cost of the project will be updated in accordance withthe detailed design and based on the time point of land acquisition

Budget

16 Budget for compensation, resettlement and assistances for the subprojects will befunded by the project counterpart budget Training cost for RP implementation and independentmonitoring will come from IDA funds Independent land appraiser will be taken from counterpartfund of the project

1 PROJECT DESCRIPTION

17 In recent years, Phu Ly city has been developing continuously in its economy, politics,society and culture The technical and social infrastructure has also been improvingprogressively Nevertheless, the city is still struggling to keep up with rising demand for basicurban infrastructure including traffic system, drainage and environmental sanitation systems,water supply systems, etc To address these issues as well as to support its role and functions

in the socio-economic development of the provincial and the wider northern region of thecountry, the city has prepared a master plan towards 2020 which has been approved by HaNam Provincial People’s Committee Ha Nam PCs has requested requested World Bank (WB)support for essential infrastructure under the proposed Medium Cities Development Project(MCDP, or “the Project”)

18 The Project will finance multi-sector infrastructure investments in Phu Ly responding

to infrastructure deficits and urban services demands as expressed through the city’s masterplan Specifically, the project will support infrastructure rehabilitation and improvement in the oldpart of the city, and new infrastructure in the new urban area into which the city will expand Theinvestments include surfacing existing roads and lanes in selected urban areas; extending watersupply and drainage networks and linking the latter to a new wastewater plant, also to beconstructed under the project; and expanding and improving several small lakes that willbecome part of the city’s green space while also serving an important flood mitigation andretention purpose In the new urban area, the project will finance construction of a core accessroad, with a bridge across the Chau Giang River that will provide a strong connection betweenthe northern and southern parts of the city The road will incorporate water supply and drainage/wastewater pipe networks within its corridor, the latter connecting to the project-financedwastewater plant that is to be constructed in the northwest of the expanded city area Theproject will also support the city with implementing the project, with developing a morecomprehensive and appropriate approach to urban planning, and with developing the capacity

to manage its expanding infrastructure assets

1.2 Project’s objectives and investments

19 Project’s objectives are to strengthen, appoarch and improve the infrastructure of Phu

Ly city substantially and efficiently

20 Sub-project of Phu Ly city includes 4 investment components presented in table 1below:

Table 1 Summary of investment components proposed by Project

Hoa Lac resident

group, Lam Ha

2 Range includes (i) upgrading the existing local road with2.1km length and unchanged width; (ii) installing awastewater – rainwater drainage system with 2.7km of total

No Investment Stage Description

commune length; (iii) installing the water supply system to connect a

existing main water supply network with 4.25km of totallength

2 Construct a separated wastewater drainage system bases

on a pipeline with 7km of length leading to Northern ChauGiang wastewater treatment plant that sponsored by project(see below), and (ii) a pipeline containing clean water alongD4-N7 road that sponsored by project too (see below)

2.5 Wastewater

treatment plant of

Northern Chau

Giang

2 Construct a wastewater treatment plant for proposed urban

of Northern Chau Giang area with capacity of 3,000 m3/day

3.1 D4-N7 road 1 & 2 Construct D4-N7 road to serve a Northern new urban, it is

administrative and trading area of this city with 4.74km oflength and there are 4 traffic lines, drainage system,walking route, lighting system, and other extensions forpeople

3.2 Bridge through

Chau Giang river

2 Construct a bridge with 4 lines, 195m of length, connectingwith D4-N7 raid

4.1 Supporting

management and

construction

supervision

1 & 2 Range includes (i) supporting all activities of PMU: buying,

reporting, financial and other monitoring activities, (ii)monitoring all activities of construction, and (iii) anInformation – Education – Community (IEC)

4.2 Independent

monitoring

1 & 2 Range includes independent services for environmental

monitoring and resettlement, (ii) financial audit; and (iii)review after project done

No Investment Stage Description

4.3 Technical

assistant

1 Range includes the independent programs for (i) urbanplanning; (ii) asset management and capacitystrengthening, (iii) Build up a local audit ability

4.4 Equipment and

vehicles

1 Range includes to equipment and human resources toserve PMU and city agencies that relating to technicalsupport program above

4.5 Training 1 Range includes training for city authorities, PMU’s staff

4.6 The operating

cost of PMU 1 & 2 It was sponsoring by counterpart funds, salaries of projectmanagement units, offices and other the costs related to

the management of the project PMU

21 In project implementation process, some components have not carried out in thisperiod such as embankment of Lam Ha 1 lake The funding source using for this lake will betransferred to additional components including: Improvement and upgrading of Luong KhanhThien secondary school (PL1-03 package); (ii) Embankment of North riverside of Chau Giangriver from discharging gate of II Trang Lac pumping station to Chau Giang bridge (added PL2-

01 package); (iii) Construction of North road from medical unit of Bach Mai hospital to D4-N7road (added PL3-01 package); (iv) Construction of DT491 detour (added PL03-02 package)

22 Project implementation period is expected 5 years, beginning 2012 and completed

2017 Total investment of project is 68.7 millions USD (57.5 millions USD of IDA and 11.2millions USD of counterpart fund)

23 Resettlement plan is prepared for additional investments of project, guiding relevantactitivities for compensation and land acquisition during implementation process of Project’sadditional investments

2.1 Mitigation measures for land acquisition and resettlement

24 In project implementation process, Resettlement Consultant, Engineering Consultantand PMU collaborated closely in giving out technical measurements, compared and selectedoptions according to minimize mitigation principles about the influences of land acquisition forhouseholds who were in Project area Giving priority to the less clearance options or use ofpublic land managed by local authority

25 So that, there are only (03) out of (04) additional investments that will acquire landand resettled people in Project area for construction of road and embankment In the pre-feasibility study of the project, the coordination of PMU and the consultation with localauthorities, Technical Consultant aimed to avoid and minimize scope of land acquisition

2.2 Additional investments of Project and Resettlement

2.2.1 Item (i) – Improvement and upgrading of Luong Khanh Thien secondary school

26 Luong Khanh Thien secondary school belonged to Luong Khanh Thien ward hadbeen added for investment according to no 1491/UBND-NV dated September 4, 2014 of Ha

Nam province PC It is constructed on the ground of old school managed by City PC Therefore,this component will not acquire land of households

27 Table 1 Construction location of Luong Khanh Thien seconday school

Figure 1 Construction location of Luong Khanh Thien secondary school

2.2.2 Item (ii) – Embankment of North riverside of Chau Giang river from 1A High way

to Chau Giang bridge

28 This item invested for construction with 816 total length, top elevation of wall +5m,reinforced concrete structure, width of sidewalk bordering embankment 10m, lighting system,drainage system

29 The area of North Chau Giang embankment included the part of embankment mainlyaffecting households living along Chau Giang river from 1A Highway to Chau Giang bridge with

a part of area bordered residential area (2,142m2), the remaining land (27810m2) is public landmanaged by ward PC, mainly is duckweed, weed and bamboo There is no navigation activity atthe river There area 19 graves need to be relocated in this area

Luong Khanh Thien

secondary school

Figure 2 Location of North embankment of Chau Giang river

2.2.3 Item (iii) – Construction of North road from medical unit of Bach Mai hospital to

D4-N7 road

30 The route invested on construction is located at Lam Ha ward, with the total length of185.5 m and the width of 27 m This route will connect D4-N7 road (investment underComponent 3 of Phu Ly MCDP) at km 2+350 to service land DVO4-NO2 to create theconnection of city’s central area and convenience of trafficin whole area, and will improveinfrastructure of Northern Chau Giang urban area This route has been added into PL3-01according to document no 547/UBND-GTXD dated April 3nd, 2015 of Ha Nam province PC

31 The area is rice fields with irrigation ditch passing through At present, the project area

is uninhabited with sparse traffic

North embankment of Chau Giang river

South embankment

completed construction

Cầu Châu Giang

Figure 3 Location of North road from medical unit of Bach Mai hospital to D4-N7 road

(27m)

2.2.4 Item (iv) – Construction of DT491 detour

32 Liem Chinh bridge (investment No 3.2 under component 3 – Road and bridge ofurban of Phu Ly MCDP) will be constructed on Quarter 3/2015, 24 When the Liem ChinhBridge is built, it willo cut the existing 491 route with unfavorable elevation (about 2m), at theposition of intersection which is at the top of bridge which has a large slope It will causeinfluences to traffic on existing 491 route Traffic density in this area is quite high Therefore, inorder to ensure traffic safety, it is necessary for construction of a new detour under Liem Chinhbridge, along South embankment of Chau Giang river and connected to existing 491 road (seeFig 3) The new DT491 detour will located below the Liem Chinh Bridge (about 4 m lower).Thisproposed investment has been included PL3-02 bid package according to Document694/UBND-GTXD dated May 28 of Ha Nam province PC

33 DT491 detour locates at Liem Chinh ward with 568.67m of total length The firstdetour is on T-junction of Liem Chinh gas station (near Me Noi pagoda) and under Liem Chinhbridge This detour is near Me Noi pagoda (about 80 m) and runs along South embankment ofChau Giang river (about 320 m), then turn right to connect with existing DT491 route

Width-27-m road

Figure 4 Location of DT491 detour

34 The fact shows that integrated development programs are often invested by manydifferent funding sources (World Bank, Other Donor or National Project) The Phu Ly cityDevelopment Project is not an exception There are many projects which are invested, beinginvested or will be invested in the Phu Ly city in recent years Regrading policies, OP 4.12applies to different activities leading to involuntary resettlement In terms of the policy, OP 4.12applies ”to other activities resulting in involuntary resettlement, that in the jubgment of the Bank,are (i) directly and significantly related to the Bank – assisted project; (ii) necessary to echieveits objectives as set forth in the documents; and (iii) carry out or planned to be carry out,comtemporenceously with the project” (para.4)

35 In projects’ implementation process, social welfare constructions require land fundsfor the clearance and relocation, therefore, in order to stabilize people’s living, Phu Ly CPC

DT491 detour

Existing 491 road

must construct resettlement areas to serve city’s clearance So that, Ha Nam PPC hasapproved and delivered over the CPC for construction of a resettlement area to serve clearance

of Lam Ha 2 lake and North embankment of Chau Giang river with complete technicalinfrastructure at prolonged Le Cong Thanh road, Dinh Trang, Lam Ha ward, Phu Ly city, HaNam province (hereinafter referred to as the Dinh Trang resettlement area)

36 The Dinh Trang resettlment area project is considered to be closely related to theMCDP All compensation and resettlement activities for land clearance of these sites would had lneeded to be consistent with World Bank policy However, the entire land for the Dinh Trang

resettlment area 3,585 m 2 is unused land managed by People's Committee of Lam Ha ward.

Therefore, construction project of Dinh Trang resettlement area does not require landacquisition

2.4 Scope of land acquisition and resettlement

37 According to initial survey information, the estimation of total permanent landacquistion area for the implementation of additional investments is about 44,729 m2, in which:Residential land 2,551 m2; Agricultural land 3,962 m2 and 38,216 m2 remains is managed byWard/City PCs The number of households affected by land acquistion of Projcect is 111households, in which 12 severely affected households by land acquisition over 20% ofagricultural land and 15 households must relocate Preliminary statistic on impacts of landacquisition and resettlement for each investment is presented in table below

Table 2 Preliminary statistic on impacts of land acquistion and resettlement for each additional investment of Project

Permanent impact

Temporary land acquisiton area (m 2 )

The number of affected househol d

Area (m 2 )

In which:

Residential land Agricultutal land Public land

Area(m2)

Affected household

households must relocate

Area(m2)

Affectedhousehold

househol

ds mustrelocate

Area(m2)

Affectedhousehold

1 Luong Khanh Thien

2

Road connecting from

medical unit – Bach Mai

Source: Survey of Resettlement, 2015

1 These are HHs losing more than 20% agricultural land, not relocated.

2 There are 02 HHs have more than one impact.

3 It is public land And these are 05 HHs affected by crop/tree.

3 OBJECTIVES AND PRINCIPLES OF RESETTLEMENT POLICY

38 In article 6 of the Decree 38/2013/ND-CP dated April 23, 2013 of the Government onthe management and use of Official Development Assistance (ODA) loan sources andincentives of the donors have stated in one of the five basic principles in the management anduse of ODA is "in compliance with the provisions of the law of Vietnam and international treatiesabout ODA that social Republic mean Vietnam is a member In the case of international treaties

on ODA which the Socialist Republic of Vietnam was a member has got other regulations withthe legal provisions of Vietnam shall follow the provisions of international treaties” According toThe Law on Land No 45/2013/QH13, Article 87, Point 2 Compensation, assistance,resettlement for special cases regulate: “For projects using loans from internationalorganizations, foreign which Vietnam State has committed to a policy framework forcompensation, assistance and resettlement it will comply with that policy framework”

39 Resettlement Policy Framework (RPF) of the project is prepared in compliance withthe World Bank’s OP/BP 4.12 and the Vietnam's Laws and Degrees on compensation,assistance and resettlement The basic objective of the RPF to ensure that all AHs by theproject (APs) will be compensated at replacement cost and assisted with restorationmeasures to help them improve or at least maintain the living conditions and the capacity tomake income before the project This Resettlement Policy Framework presents the basisfor preparation, review and approval of RAPs for sub-projects under the MCDP thatrequired land acquisition, compensation, and resettlement, regardless of the source of financing

40 Resettlment plan will affect the activites relating to compensation and land acquistion

in implementation process of Project’s additional investments if having the requirements of landacquistion, compensation, resettlement and not dependent on financing resources

41 Approach with the participation of community used in planning Resettlment plan.Therefore, displaced person took part in Resettlement plan implementation process such asanswered interviews, disussed into groups, visited on-site with the experts at affected area.The representatives of PMU and the person who represented affected households ofward/commune PCs will also be participated

42 Desk review method

 Consultant collected, reviewed, studied and analized the documents relating to land

acquisition, compensation and resettlement of Project for a assessment Thosedocuments were collected at PMU, ward/commune PCs of project area,including: (i) Project profile (Notes and drawing of project components;Resettlment Policy Framwork…) and memorandum provided by PMU; (ii)Cadastral maps, map extracts and Social – Economic reports provided bycommune PCs; (iii) policies of World Bank, Government of Vietnam and Ha Namprovince PC is to (i) find out process, regulations that were approved by Projectdocuments, (ii) find out technical measurements proposed for each Project

component; (iii) review Social – Economic reports of locality, (iv) proposemitigation measures for environmental impacts and guide Project’s next activities

43 Qualitative method

 Consultation and discussion with various stakeholders, including the implementation

agencies, social organizations through consultation meetings, in-depthinterviews, group discussions The minutes of the work is attached to this report

in Appendix 02

 Group discussions, in-depth interviews with affected households, such as severely

affected households, displaced households, vulnerable households

 Visiting field of resettlement areas and areas under research project to determine

the potential impacts on local residents during the project implementation

44 Quantitative method

 Survey Social – Economic Solution by questionnaire: Suvey 100/111 affected

households including 100% total severely affected household and over 50% totalslightly affected householde List of interviewed households is seen in Appendix

03 of this report

 The statistic of Inventory of Losses is carried out with 100% affected households

45 Entering and processing data Information collected in field monitoring will be handled

by specialized software such as SPSS (Quantitative) and NVIVO (Qualitative)

4.3.1 Statistic of Invetory of Losses

46 Table below presents an overview of affected volume by Project’s additionalinvestments

Table 3 overview of affected volume by Project’s additional investments

volume

1 Affected household: Household : 109

In which : + Household affected residential land: household : 89

+ Household affected agricultural land household : 17+ Other land (managed by ward/commune

5

2 Affected area m 2 : 44,729

In which: + Residential land area m2 : 2,551

+ Agricultural land area m2 : 3,962+ Other land area (managed by ward/city

38,216

3 Affected crops and livestock

In which: + Trees (Dracontomelum, longan, litchi,

3,473

Content Unit Affected volume

4 Affected works, house

in which: + Structure m3 : 5,500 + Grave unit 19

5 The emblishment of land

6 The number of households must relocate household : 15

7 The number of households affected agricultural land

over 20% household : 12

8 The number of poor households household : 02

9 The number of policy households/ revolution

households household : 04

10 The number of headed-female households household : 30

11 The number of households affected on business household : 0

Source: Survey of Resettlement, 2015

4.3.2 Social – economic conditions of affected housholds

a) Household inhabitants and work force :

47 Total number of affected households due to land acquisition carried out by Project’sadditional investments is 109 households with 447 people With the members of affectedhouseholds, according to the survey showed that the number of average members of eachhousehold is 4.1 people Considering the age, the households having head of household inaverage age from 40 – 49 and 60 – 69 will have larger number of members compared tofamilies whose heads are in different ages

48 The number of headed-female households affected by land acquisition is 30households accounting for 27,5%

b) Education level:

49 Education level of affected person basically is not high, over 40% of people withqualifications from primary to junior high school Those with high educational levelsare not high, with 89 people occupy 20%, while only 214 people (6%) currently havecollege degrees and universities

c) Occupation of household head :

50 Due to the large area of acquired land is agricultural land and rural residential landmore than half of people (69%) affected are farmers Participation in other income-generating activities to maintain their income sources, such as working in governmentagencies is 8%, business/trade is 7%, employment/ free labor is 10% and 5% pension Theunemployment rate accounted for 1%

Table 4 Occupation of household head

Investment Tota

l emp loye es

Officers, public servants

Service business Farmers Housewiv es

retirees

Free ocupation Unemploy ment

d) Household’s income:

52 The results of socio-economic survey of affected households showed that theaverage income per month was 2,785,000VND per household There is a significant genderdifference concerning household income contribution, men contribute with over 60% of totalhousehold income

53 The survey showed that the average income of one person / month of thehouseholds affected by the project are low, only about 24 households (24%) have incomesabove 1,000,000/person/month About 2 households (2%) affected family living below500,000 VND/person/month - the poverty line for urban areas as prescribed by the Ministry ofLabour, Invalids and Social Affairs (MOLISA), while the rest lies in the near poor or only alittle higher than this threshold

54 In addition to that, survey data also show that there is a significant difference aboutaverage income per inhabitant per month among areas; details are shown in table below

Table 5 Average income of household affected by Project

Unit: VND/person/monthInvestment The

number of househol d surveyed

Table 6 The number of affected vulnerable households per investment

Investment Vulnerable group

Poor household Disabled household Revolution householdRoad connecting from

medical unit -Bach

Table 7 Possession of assets Investment househol

North riverside

of Chau Giang

river

58 58 100 34 58 17 29 6 10Total 100 100 100 64 64 29 29 13 13g) Infrastructure:

58 In the condition, all PAHs have access to the national grid And they have access tourban services and basic social services such as hospitals, schools, markets, and city centers

h) Toilet:

59 In 100 surveyed households, 87 households (accounting for 87%) say that they areusing common toilets (flush toilets with semi-septic tanks), only 9 households are using flushtoilets with septic tanks and five households are using bucket latrines

i) Environmental hygiene:

60 In 100 surveyed households, 53 households (accounting for 53%) think that theenvironmental hygiene is now polluted As asked about causes of pollution, 12 households(12%) believe that it results from dust and garbage 19 households (19%) assert that the cause

is floods; most of these households are living in lowland, so the rate of households choosing thecause as pollution is rather high Water pollution is one of the people’s concerns, for 33respondents (33%) think that the local water source is polluted

61 Resettlement Plan was prepared on the basis of the Resettlement Policy Framework

of the project implementing in the preparation of Project Detailed Outline (PDO) and has beenapproved by the Prime Minister and sponsors not object Simultaneously, the Resettlement Planwill comply with the laws, circulars, decrees stipulating the land acquisition, compensation andresettlement in Vietnam, and the policy of the World Bank on resettlement Voluntary

62 The legal framework with respect to land acquisition, compensation and resettlement

is based on the Constitution of the Socialist Republic of Vietnam (2013), and the Land Law

2013 (revised), and other relevant decrees/guidelines The principal legal documents applied forthis RPF include the followings:

- Constitution of the Socialist Republic of Vietnam adopted on November 28, 2013

- Land Law No 45/2013/QH13 dated November 29, 2013 of the National Assembly onLand (effective on July 1, 2014)

- Decree No 43/2014/ND-CP dated May 15, 2014 of the GoV on detailing a number ofarticles of the Land Law

- Decree No 44/2014/ND-CP dated May 15, 2014 of the GoV on land prices;

- Decree No 45/2014/ND-CP dated May 15, 2014 of the GoV on collection of land uselevies

- Decree No 46/2014/ND-CP dated May 15, 2014 of the GoV on collection of land rentand water surface rental

- Decree No 47/2014/ND-CP dated May 15, 2014 of the GoV on compensation, supportand resettlement upon land recovery by the State

- Decree No 84/2013/ND-CP dated July 25, 2013 of the GoV on development andmanagement of resettlement housing;

- Decree No 38/2013/ND-CP dated April 23, 2013 of the GoV on management and use

of official development assistance (ODA) and concessional loans of donors;

- Circular No.37/2014/TT-BTNMT the MONRE dated June 30, 2014 on compensation,support and resettlement upon land recovery by the State

- Decision No.52/2012/QD-TTg of the Governmental Prime Minister dated November 16,

2012 on employment and vocational training support policies for laborers subject toagricultural land recovery

63 Other laws, decrees and regulations relevant to land management, land acquisitionand resettlement include: the Construction Law No.50/2014/QH13 dated June 18, 2014 onconstruction activities, rights and obligations of organization and individual investing in civilworks construction and construction activities; Decree No.102/2014/ND-CP on sanctioning ofadministrative violations in the field of land; Decree No.15/2013/ND-CP dated February 6, 2013

on quality management of constructions; Decree No 12/2009/NĐ-CP dated February 12, 2009

on the management of construction investment projects; Decree No 38/2013/ND-CP on themanagement and use of ODA fund; Decree No.126/2014/ND-CP on marriage and familyLaw implementation, stipulating that all documents registering family assets and land userights must be in the names of both husband and wife

64 Decrees relevant to protection and preservation of cultural property include Decree

No 98/2010/ND-CP Detailed regulations for implementation of some articles of the Law

on Cultural Heritage and the Law on editing and supplementing some articles of theLaw on Cultural Heritage requiring that sites currently recognized as cultural and historicalvestiges, should be kept intact according to current legal regulations

65 Documents relating to complaints and resolve complaints mechanisms: ComplaintsLaw 02/2011/QH13 dated November 11, 2011; Decree No 75/2012/ND-CP dated March 10,

2012 on specific provisions a number of articles of the Complaints Law

66 Decisions of Ha Nam provinces relating to compensation, assistance andresettlement in provincial territory will be also applied specifically:

- Decision No.38/ 2014/QD-UBND dated September 12, 2014 on issuing regulations

on compensation, support and resettlement upon land acquisition by the State in HaNam province

- Decision No.41/2014/QD-UBND issuing on the managment of resettlement land

- Decision No.39/2014/QD-UBND dated September 12, 2014 issuing regulations onquota for allocation, recognition of residential land; The minimum area to be split orconsolidation of land in the Ha Nam province

- Decision No.50/2014/QD-UBND dated December 19, 2014 issuing on list of landprices on Ha Nam province

- Decision No.49/2014/QD-UBND dated November 20, 2014 issuing on compensationprices for crops, livestocks before the State acquires land

- Decision No.01/2014/ QD-UBND dated January 9, 2014 issuing on compeasntionprices for house, structure works, movement of grave before the State acquires land

in Ha Nam province

5.2 World Bank Policy on Voluntary and Involuntary Resettlment (OP 4.12)

67 The World Bank recognizes that involuntary resettlement may cause severe term hardship, impoverishment, and environmental damage unless appropriate measuresare carefully planned and carried out The Bank’s Resettlement Policy OP 4.12, includes

long-safeguards to address and mitigate the economic, social, and environmental risks arising frominvoluntary resettlement.

68 The WB’s involuntary resettlement policy objectives are the following:

(i) Involuntary resettlement should be avoided as much areas as possible or minimized bybringing out optional measures in the process of technical design ;

(ii) Wherever involuntary resettlement is unavoidable, resettlement activities should beaware of and executed as sustainable programs, necessary to supply enoughinvestment sources to help adversely affected persons to share project’s benefits.Directly or indirectly affected persons need must be consulted and participated in theprocess of planning and implementing resettlement programs

(iii) Affected Persons should be assisted in efforts to improve their livelihoods andstandards of living or at least to restore them, in real terms, to pre-project levels or tolevels prevailing prior to the beginning of project implementation, whichever is higher

69 There are differences between the Government of Vietnam’s Laws, policies,regulations related to land acquisition/resettlement, and the World Bank’s OP 4.12 onInvoluntary Resettlement The following table highlights the key differences in order to establish

a basis for the design of the principles to be applied for compensation, assistance andlivelihood restoration support for the affected households, which will be applied under thisproject

Table 8 Comparison of GOV’s and WB’s policies related to compensation, support and resettlement

Not mentioned

However, there is a provision ofsupport to be considered by PPC toensure they have a place to live, tostabilize their living and production

(Article 25 of Decree 47)

In case the amount ofcompensation/support is not enoughfor resettled people to buy a minimumresettlement plot/apartment, they will

be financially supported to be able tobuy a minimum resettlementplot/apartment (Article 86.4 of LandLaw 2013 and Article 27 of Decree 47)

Livelihoods and income sources will

be restored in real terms, at least, tothe predisplacement levels or to levelsprevailing prior to the beginning ofproject implementation, whichever ishigher

to restore them, in real terms, topre-displacement levels or tolevels prevailing prior to thebeginning of projectimplementation, whichever is

Only agricultural land used before July 1,

2004 is eligible for compensation

Other cases may be considered forassistance by PPC if needed

Financial assistance of an agreedamount will be given to all PAPs,regardless of their legal status, until theirlivelihoods and standards of living restore

in real terms, at least, to displacement levels

pre-Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures

higher)1.3.Compensation

for illegal structure

Compensation at full cost forall structures regardless oflegal status of the PAP’s landand structure

No compensation, or supported withvalue depending on the circumstance, atany point of time of formation of thisasset

Compensation at full replacement costwill be given for all structures affected,regardless of legal status of the landand structure

at full replacement costs,

Compensation for lost assets iscalculated at price close to transferringthe assets in local markets or the cost

of newly-built structures ProvincialPeople’s Committees are granted toidentify compensation prices fordifferent

categories of assets Independentland valuator can be used todetermine land prices, which will beappraised by land appraisal boardbefore Provincial People’s Committeeapproval

Independent appraiser identifiesreplacement costs for all types ofassets affected, which are appraised

by land appraisal board and approved

by Provincial People’s Committees toensure full replacement costs

Assistance in respect of income loss

is given only for registeredbusinesses Assistance measures torestore income sources are provided

All income losses are to becompensated and, where necessary toachieve the objectives of the policy,development assistance in addition tocompensation will be provided

Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures

Not addressed Social assessment has been

undertaken and measures identifiedand being implemented to minimizeand mitigate adverse impacts,particularly upon poor and vulnerablegroups

Livelihood restoration and assistancemeasures are provided No follow-up forfull livelihood restoration afterresettlement completion

Provision of livelihood restoration andassistance measures to achieve thepolicy objectives These will bemonitored as detailed in the RAP

2.5.Consultation

and disclosure

Participation in planning andimplementation, speciallyconfirming the eligibility criteria for compensation andassistance, and access toGrievances RedressMechanisms

Focus mostly on consultation duringplanning (consultation on draft plan ofcompensation, support andresettlement and plan for training,career change and facilitating jobsearching); information sharing anddisclosure

Consultation and participationincorporated into RAP design, alongwith information sharing with PAPs andstakeholders

3 Grievance redress mechanism

Subjects World Bank’s OP 4.12 Government of Vietnam Approach/Project Measures

Grievance redress mechanismshould be independent

The same governmental body makesdecisions on compensation andresettlement, and also handlesgrievances at the first step

However, complainants can go to court

at any steps as PAP wishes

More effective Grievance and Redressmechanisms are to be established, built

on the existing governmental system,with monitoring by an independentmonitor

4 Monitoring & Evaluation

Internal and independentmonitoring are required

Citizens are allowed to supervise andreport on breaches in land use andmanagement on their own (or throughrepresentative organizations), includingland recovery, compensation, supportand resettlement (Article 199, LandLaw 2013)

There is no explicit requirements onmonitoring of the resettlement works,including both internal andindependent (external) monitoring

Both internal and external(independent) monitoring is to beregularly maintained (on a monthlybasis for internal and biannual basisfor independent monitoring)

An end-of-project report will be done

to confirm whether the objectives of OP4.12 were achieved

6.1 General principles

70 All projects affected people (PAP) who have assets within or reside within thearea of project land-take before the cut-off date are entitled to compensation for theirlosses Those who have lost their income and/or subsistence will be eligible for livelihoodrehabilitation assistance based on the criteria of eligibility defined by the project inconsultation with the PAPs If, by the end of the project, livelihoods have been shown not to

be restored to pre-project levels, additional measures will be provided

a) The compensation rates will be determined based on the results ofindependent appraisal of the land/crops/assets (associated with the land)

in a timely and consultative manner All fees and taxes on land and/orhouse transfers will be waived or otherwise included in a compensationpackage for land and structures/or houses or businesses The local authoritieswill ensure that PAP choosing relocation on their own, obtain, withoutadditional costs, the necessary property titles and official certificatescommensurate with similar packages provided to those who choose tomove to the project resettlement sites

b) Land will be compensated “land for land”, or in cash, according to PAP’schoice whenever possible The choice of land for land must be offered to thoseloosing 20% or more of their productive land If land is not available, ProjectManagement Unit (PMU) must assure itself, that this is indeed the case Thoseloosing 20% or more of their land will have to be assisted to restore theirlivelihood The same principles apply for the poor and vulnerable peoplelosing 10% or more of their productive landholding

c) PAPs who prefer “land for land” will be provided with land plots with theequivalent productive capacity for lost lands or a combination of land (astandard land plot) in a new residential area nearby for residential land, andcash adjustment for difference between their lost land and the land plotsprovided The resettlement area will be planned properly and implemented

in consultation with the PAPs All basic infrastructures, such as pavedroads, sidewalks, drainage, water supply, and electricity and telephonelines, will be provided

d) PAPs who prefer “cash for land” will be compensated in cash at the fullreplacement cost These PAPs will be assisted in rehabilitating their livelihoodsand making their own arrangements for relocation

e) Compensation for all residential, commercial, or other structures will be offered atthe replacement cost, without any depreciation of the structure andwithout deduction for salvageable materials Structures shall be evaluatedindividually Any rates set by category of structure must use the highest valuestructure in that group (not the lowest)

VIWASE vii

25

f) As for the displaced households affected with shelter (displaced fromexisting residential land because the remaining land area is not feasible forbuilding house or entire land acquisition), the local resettlement board needs toconduct consultations and makes agreed solutions to assist for new shelter foraffected households

g) The displaced households affected with shelter that capable of building house onthe remaining land (not subject to displacement) will be applied general policies

of the project in accordance with the agreed entitlement matrix

h) The PAPs will be provided with full assistance (including a transportationallowance) for transportation of personal belongings and assets, inaddition to the compensation at replacement cost of their houses, lands andother properties

i) Compensation and rehabilitation assistance must be provided to each PAP atleast 30 days prior to the taking of the assets for those who are not to berelocated and 60 days for those who will have to be relocated Exceptionsshould be made in the case of vulnerable groups who may need more time.j) If, by the end of the project, livelihoods have been shown not to be restored topreproject levels, additional measures will be provided

k) Additional efforts, such as economic rehabilitation assistance, training andother forms of assistance, should be provided to PAPs losing income sources,especially to vulnerable groups, in order to enhance their future prospectstoward livelihood restoration and improvement

71 To adequately address compensation, resettlement and rehabilitation of thepeople to be affected by the acquisition of land, houses and other assets under the MediumCities Development Project – Subproject Phu Ly city which is assisted by the World Bank,the Government of Vietnam (GOV) through the Decision No.259/TTg-QHQT dated March1,2012 has approved the Resettlement Policy Framework (so called RPF) for the project.The RPF also applies to other activities resulting in resettlement, which are (a) directlyrelated to the Project; (b) necessary to achieve its objectives; and (c) carried out, orplanned to be carried out, contemporaneously with the Project

72 Below is the specific policies to be applied for Project:

6.2.1 Compensation policies for agricultural land

Legal or legalizable land users:

73 Because agricultural land fund of wards in Project where land is acquired is notavailable, the following apply cash compensation

74 Cash compensation applies :

(i) Cash compensation for the lost land and crops on the acquired land, at fullreplacement cost (100%), will be provided to the DP, and

(ii) In addition to cash compensation at full replacement cost for the lost land of(100%) (or for the entire affected plot if the remaining area of the plot is noteconomically viable):

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75 For agricultural land in urban areas/ garden, pond and house in a same plot ofland with house thereon; in addition to the compensation by agricultural land price whereperennial trees are planted or garden land prices, households will be supported by 20% ofaverage land prices in the urban areas and 30% for rural area (This support area does notexceed 5 times of the limit standard of local allocation

Users with temporary or leased rights to use land :

(i) if the portion of the land to be lost represents 20% or less of the total area of theland currently used by the DPs, they will be compensated at the amountcorresponding to the remained investment in the land or 30% of landreplacement cost

(ii) if more than 20% of the land area currently used by the DPs is acquired, then thepriority to compensate by other land of temporary use rights, or, in request ofDPs or if there no available land to provide ‘land for land’, the cash compensationwill be applied at the amount corresponding to the remained investment in theland or 30% of land replacement cost

If the value of remained investment is greater than 30% of its replacement cost,the Resettlement Committee will review the case by case and adjustaccordingly

Land Users Without recognized Rights to Use Land

(i) In lieu of compensation for land, the DPs will receive assistance corresponding60% of land replacement cost

(ii) For poor and vulnerable, farmers, including landless, as priority, allocation ofagricultural land equal per capita agricultural land in commune as regulated byDecree 64/1993/CP, or, if there is no land available for allocation or, on the DPs’request as informed choice, in addition to above, a package of vocational trainingand job creation will be two times in minimum of agricultural land price for thewhole acquired area (the land for annual tree only); and in case, householdsneed a vocational training, they will be admitted to a vocational center in theprovince and are exempted from tuition fees for such training course (includinglevel of primary, secondary training and vocational college) for those in theworking age (not applicable for those who enroll for a vocational training outsidethe province)

76 In case when the affected persons utilize the public land (of Right of Way or inprotection areas of hydraulic works), that subjects to be acquired under the project, withconditions to return, on request, the land to the Government, they (DPs) will not becompensated for this public land, but will be compensated for crops and trees at 100%market price

77 DPs will be compensated for the loss of standing crops and fruit or industrialtrees at replacement cost Productive trees will be compensated at replacement cost

6.2.2 Compensation policies for residential land

78 User who affected with residential land will be compensated as follows: (i)

Compensation for loss of land in cash at 100% replacement cost to the legal and legalizableland users (ii) support by cash equivalent to the remaining values invested in such lands,

or equivalent to 50% of replacement cost of land to the users having no legal land userights

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

80 Compensation for loss of land in cash (i) at 100% replacement cost to the legalland users; (ii) the amount corresponding the remained investment on the land to the usershaving no legal land use rights, equivalent to 50% of replacement cost

a Compensation for affected structures at 100% replacement cost

b If house/structure is partially affected, house users will be compensated additionalcost for repairing and restoring their structures as before or even better (similar to20% of the total values of affected structures)

81 DPs losing residential land with structures built thereon and without remaining land sufficient to rebuild on (relocating DP): They are entitled to:

a The land compensation policy is as follows :

(i) The DPs, who have legal or legalizable rights to the affected land, can opt to one

of the followings :

 The provision of land plot in the project resettlement sites;

 Cash compensation for entire residential land at 100% replacement cost,with additional cost for basic infrastructure development

(ii) The DPs, who do not have legal or legalizable rights to the affected land, areentitled to the followings :

 Regarding the DPs who already have residence somewhere else in thesame ward/commune as where they are affected, the project will provide anassistance amount corresponding the remained investment on the land, orequal 50% of replacement cost

 Regarding the poor or vulnerable DPs who have no other residential land inthe same as their affected ward/commune, the project will provide (i) aresidential plot of minimal size at a common resettlement sites, with full titled

to the land; or, (ii) on request of the DPs, as their informed choice, anassistance amount corresponding 60% of the replacement cost for them torearrange relocation by themselves, inclusion of cost for basic infrastructuredevelopment

b Compensation for affected structures at 100% replacement cost;

6.2.3 Compensation policies for the Losses of structure works, houses

82 For affected House and Structures, Those whose structures are affected will

be entitled to the following:

(i) Compensation in cash for all affected structures will be provided at 100%

replacement cost for materials and labour, regardless of whether or not theyhave title to the affected land or permit to build the affected structure Theamount will be sufficient to rebuild a structure the same as the former one atcurrent replacement costs

(ii) If house/structure is partially affected, the project will provide a

house/structure repairing cost, in addition, to DPs to restore it to former orbetter conditions similar to 20% of the total values of affected structures.(iii) Compensation and assistance will be provided in the form of cash No

deductions will be made for depreciation or salvageable materials i

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

useable area

83 For affected Graves: The level of compensation for the removal of graves will be

for all costs of excavation, relocation, reburial, spiritual performance and other related costs.Compensation in cash will be paid to each affected household

84 Tenants who rent state houses:

 The tenants of States’ houses will be supported in cash equal to 60% ofreplacement costs of the affected house area and affected land area Theareas of houses/ structures legally owned and built by the DP themselveswhich have authorized permission will be compensated at their fullreplacement costs In case, the construction of the structures have noauthorized permission or violate the regulations, the assistance equal to 100%

of replacement costs will be provided based on the PPC’s Decision If thetenants request new renting houses or buying new houses, they are entitled

to rent or buy a new apartment of the same area with their affected ones

 The tenants who have leased a private house for residential purposes will beprovided with assistance equal to the remaining rental contracted value, butnot exceeding rental value for six months, plus transportation allowance of1,500,000 VND for moving their belongings, as well as assistance inidentifying alternative accommodation

6.2.4 Compensation policies for crops and trees

85 For annual and perennial standing crops, regardless of the legal status of the land,compensation will be paid to households who cultivate the land, according to the fullreplacement cost of the affected crops and/or at replacement cost for affected perennialtrees

6.2.5 Compensation policies for income and production/business assets

86 For DPs losing income and/or business/productive assets as a result of landacquisition, the mechanism for compensating will be:

(i) Cash compensation for the loss of income during the transition period,

equivalent average monthly net income at least for six months ; (ii) If business or productive assets are affected, cash compensation for lost

business structure/assets reflecting their full replacement cost, withoutdepreciation,

(iii) If the business has to be relocated, then, a provision of alternative business

site of equal size and accessibility to customers, satisfactory to the DP, or, incash for business affected area at replacement cost, plus transportationallowance to remove movable attached assets

6.2.6 Compensation for temporary influences in construction process

87 For agricultural land that will be temporarily affected:

(i) Compensation for one harvest of crops/trees at full replacement costs or

replacement cost ;(ii) Compensation for loss of net income from subsequent crops that cannot be

planted for the duration of project temporary use ; and,

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(iii) Restoration of land to its previous or better quality by providing measures to

improve land quality in cases of land being adversely affected or acidified;and

(iv) If the duration of project's use the land exceed more than two years, then

the DPs have option to: 1) Continue using land, or, 2) “Give it to the Projectand be compensated as permanent loss

88 For temporary loss of residential land:

(i) Compensation for all affected movable properties at full replacement cost (ii) Restoration of land to its previous or better quality

89 For temporary impact on business:

(i) Compensation for temporary loss of income, equivalent an average monthly

net income at least for three months (ii) Compensation for all affected movable properties at full replacement cost.(iii) Restoration of land to its previous or better quality

90 For damages caused by contractors to private or public structures :

(i) Damaged property will be restored by contractors immediately, after

completion of civil works, to its former condition (ii) Under their contract specifications, the contractors will be required to take

extreme care to avoid damaging property during their construction activities.Where damages do occur, the contractor will be required to paycompensation immediately to affected families, groups, communities, orgovernment agencies at the same compensation rates that shall be applied

to all other assets affected by the Project In addition, damaged property will

be restored immediately to its former condition

6.2.7 Compensation for the damages due to indirect effects

91 This applies to those affected by development of individual resettlement or groupresettlement sites Because all secondary DPs are likely to be affected in similar ways asprimary ones, they will be entitled to compensation and rehabilitation assistance inaccordance with the same respective provisions for all other DPs

6.2.8 Compensation for affected public properties

92 In cases where community infrastructure such as schools, bridges, factories,water sources, roads, sewage systems is damaged, City PCs and PMUs will ensure thatthese would be restored or repaired as the case may be, at no cost to the community

6.2.9 Other allowance and assistance in transition period

93 For DPs whose agriculture land affected, in addition to aforementionedcompensation payment, the Project will provide rehabilitation allowances including:

(i) For Living Rehabilitation: 15,000VND per m2 agriculture land acquired.(ii) Vocational Training and Job Creation: The minimum support will be two

times of agricultural land price for the whole acquired area (the land forannual tree only); and in case, households need a vocational training, theywill be admitted to a vocational center in the province and are exemptedfrom tuition fees for such training course (including level of primary,

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secondary training and vocational college) for those in the working age (notapplicable for those who enroll for a vocational training outside the province)(1)

(iii) The further forms of assistance for vocational training should be consulted

closely with the entitled DPs to ensure appropriate and effective measuresassisting the DPs to restore their income generating capacity and incomelevels It would be in combination with extension/ relevant technicalassistance to help the poor and disadvantaged farmers to improve theirfarming productivity/ production capacity

94 For DPs whose residential land affected, in addition to aforementionedcompensation payment, the Project will provide rehabilitation allowances including:

(i) Transportation Allowance: a) For households who move to other residential

areas within the province, will be received 10,000,000 VND/household; b)Move to other provinces, maximum support is: 15,000,000VND/household Ifnot relocated but must rebuild houses on theremaining area after landacquisition, they will be supported with 50% of the level at the point a above.(ii) House Renting during house construction: will be supported for house rent

of: a) 2,000,000 VND/household/month during 08 months if rent house inward/town; b) 1,500,000 VND/household/month during 08 months if renthouse in remaining areas If after 08 months the authorized agency has notarranged new locations of resettlement, the City People's Committeesdecided to support renting house for DPs till they receive locations ofresettlement and more for building new houses

(iii) For the partially affected DPs who can re-structure their house (none of

relocated households), will be entitled to receive 50% value mentioned inItem (ii) above

95 Bonus: Land user, who comply with the relocating their assets, crops, handingover the land in time and meet the requirements of subproject owner will be awardeddepending on the type of architecture, but not exceeding 3,000,000 VND per household

96 Vulnerable Group: households and individuals whose land is acquired (includinghouseholds live on public land or leased land): (i) the poor are supported VND 6,000,000per household; (ii) policy/revolution devoting households will be supported VND 3,000,000per household and (iii) other supports (if any) in accordance with the local specificregulations

6.2.10 The rehabilitation measures

97 Any DP exposed to any impact other than those considered to be minor, will have

a range of programs to support their full livelihood restoration and assure assetcompensation at replacement values either consider each structure separately or if theyconsider structures by “types” to consider the most expensive structure in that group asbench mark

98 Furthermore, the DPs who are severely affected by income sources, (or the poorand vulnerable group), in addition to above mentioned cash compensation and assistancesand as request by DPs, will be entitled to other rehabilitation measures such as low interestcredit loan for vocational training and job creation Selection and detail description of therehabilitation measure will be provided in the next section of the RP

1 () Based on Decree No.69/2009, all households having agricultural land affected will be took part in into vocational training program, the cost of training cost is in support, compensation cost

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7 ELIGIBILITY CRITERIAL AND ENTITLEMENTS

7.1 Project affected people

99 People directly affected by a project through the loss of land, residences, otherstructures, business, assets, or access to resources, specifically are:

(i) Involuntary land acquisition resulting in:

 Relocation or loss of shelter;

 Loss of assets or access to assets ;

 loss of income sources or means of livelihood, whether they must move to a

new residence or not;

(ii) Involuntary restriction of access to prohibited or protected forests, resulting

in adverse impacts to their means of support of the displaced persons

(ii) Those who do not have formal legal rights to land at the time the census beginsbut have a claim to such land or assets provided that such claims are recognizedunder the laws of the country or become recognized through a process identified

in the resettlement plan;

(iii) Those who have no recognizable legal right or claim to the land they areoccupying

101 Persons covered under (i) and (ii) are provided compensation for the land theylose, and other assistance Persons covered under (iii) are provided resettlementassistance in lieu of compensation for the land they occupy, and other assistance, asnecessary, to achieve the objectives set out in this policy, if they occupy the project areaprior to a cut-off date established by the borrower and acceptable to the Bank Personswho encroach on the area after the cut-off date are not entitled to compensation or anyother form of resettlement assistance All persons included in (i), (ii), or (iii) are providedcompensation for loss of owned or used assets other than land

102 A cut-off-date means the date of the project announcement publicly DisplacedPersons and local communities will be informed of the cut-off date for each investment, andthat anyone moving into the Project investment areas after that date will not be entitled tocompensation and assistance under the Project:

(i) For the investmentii – Construction of Nort embankment of Chau Giang river: acut-off-date is the day that finishes Inventory of Losses (IOL) and defined isOctober 22, 2015;

(ii) For the investment iii – Construction of North road connecting from medical unit Bach Mai hospital to D4-N7 road defined cut-off-date is the day that publicizes

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land acquisition – End of September, 2015 define the day a per suggestedcomments

(iii) For the investment iv – DT491 detour, cut-off-date will be defined in 02 thefollowing cases:

o For the 25 affected households determined by initial design plan ofProject “Urgent solving project shore erosion and urban embellishment atsection of upstream of Phu Ly culvert from Phu Ly bridge through 1ANational Highway to the discharging channel of Me pump station, Phu Lytown, Ha Nam province”: Cut-off date defined was : November 24, 2014(the Notification of Land acquisition for the relevant investments atDecision No.1745/QD-UBND) For Assets/land that missed statistics,additional DMS was implemented and done The result of the additionalDMS has been published and approved in Decision No.1599/QD-UBNDdated June 30, 2015

o Affected households added by adjusting design plan: Cut-off-date defined

is October 22, 2015

103 With respect to a particular eligibility category, entitlements are the sum ofcompensations and other forms of assistance provided to project affected persons (pleaserefer the Entitlement Matrix at Appendix 01)

8.1 Objectives of public consultation and participation

104 Disseminating information to people affected by the project and the involvedagencies is an important part in the work of project preparation and implementation Theconsultation with affected persons and ensures their active participation will reduce thepotential conflict and risk of slowing the project This allows the project to design aresettlement and rehabilitation program as a general development program, in accordancewith the needs and priorities of affected people and therefore, maximizes economic andsocial efficiency of investment Objectives of the information and community consultationprogram include:

 To ensure that local competent authorities as well as representatives of affectedpersons will be involved in the planning and making decision The PPMUs willwork closely with the district/commune PCs during the sub-projectimplementation The participation of affected persons in implementation stagewill be continued by requesting each district/commune to invite representatives ofaffected persons to play as members of the Council/Board of Compensation andResettlement of the district and participate in resettlement activities (propertyevaluation, compensation and resettlement and monitoring)

 To sharing fully information about planned work items and activities of the project with the affected people

sub- To obtain information on needs and priorities of affected persons as well asreceive their response information on planned policies and activities

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 To ensure that affected persons can be informed fully the decisions which directlyaffect their income and living standard and they have the opportunity toparticipate in the activities and make decisions about issues directly affectingthem

 To gain the cooperation and participation of affected persons and communities inthe activities, which are necessary for planning and implementing theresettlement

 To ensure the transparency in all activities related to land acquisition,compensation, resettlement and restoration

8.2 Community Consultation During Project’s Preparation stage

105 During project’s preparation stage, public information and consultation aims togather information for assessing project resettlement impacts and clarify recommendations

on possible alternative technical options This will reduce and/or mitigate potential negativeresettlement impacts on local population and to proactively address issues or problems thatmay emerge during the implementation

106 The methods of the project information and public consultation may includeparticipatory rapid appraisals and stake holder’s consultation ones, using techniques of siteand household visits, public meetings, group and focus group discussions and thehousehold socio-economic survey

107 At the early stage of the project preparation, local authorities and leaders ofdifferent administrative levels in each of the subproject province were informed about theproject proposal, its objectives and proposed activities They were intensively consultedand actively participated in discussions on their development needs and priorities, abouttheir perception toward project objectives PAPs will be consulted on project potentialimpacts and possible measures to reduce potential negative impacts, and improve benefitsfor local people

Table 9 Summary information of the public consultation and information dissemination

Content Time/location

Community consultation meeting

8a.m – 11a.m, 22 October

at Lobby of Lam Ha ward

PCs

- Representatives oflocal governments andassociations/organizations Local: Farmers'Association, Women'sUnion, FatherlandFront, Youth Union

- Representatives ofthe householdsaffected by the project

- Representatives ofthe PMU

- Representatives ofthe consulting unit

(See the appendix

consultation meeting)

1 Introduction Project

- Introduction of project(objectives, location and size ofthe project and plans );

- The technical proposal of theproject; Items/works carried out atthe ward / commune area;

- Policies relate to environmentand resettlement of theGovernment of Vietnam and theWorld Bank

2 Consultation with the community

on the issue of resettlement