RESETTLEMENT ACTION PLAN An Hoa Sea Harbor For Boat Safety Subproject Quang Nam Province Quang Nam

ABBREVIATION CPO Central Project Office CRC Commune Resettlement Committee DMS Detailed Measurement and Survey DRC District Resettlement Committee LURC Land use right certificate MARD Mi

QUANG NAM DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

FISHERY PROJECT MANAGEMENT OFFICE

Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District

Table of Contents

ABBREVIATION 3 DEFINITION OF TERMS 4

I PROJECT INTRODUCTION 6

6

II SCOPE OF LAND ACQUISITION AND RESETTLEMENT 8

II.3 S UMMARY OF MAIN IMPACTS OF THE SUBPROJECT 9

III SOCIOECONOMIC INFORMATION 9

III.4 A FFECTS TO LAND AND STRUCTURE 10

IV COMPENSATION POLICY 11

IV.2 W ORLD B ANK POLICY ON INVOLUNTARY RESETTLEMENT : 11

IV 3 C OMPENSATION POLICY OF THE G OVERNMENT OF V IETNAM : 11 IV.4 D ECISIONS OF Q UANG N AM PPC REGULATING THE LAND ACQUISITION , RESETTLEMENT AND COMPENSATION

13 IV.5 C OMPENSATION P OLICY OF THE S UBPROJECT 14

V INFORMATION DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE REDRESS 15

V.1 O BJECTIVES OF PUBLIC INFORMATION AND CONSULTATION 15 V.2 P UBLIC CONSULTATION IN THE PROJECT PREPARATION PHASE 15 V.3 P UBLIC CONSULTATION DURING THE PROJECT IMPLEMENTATION 16

VI IMPLEMENTAITON ORGANIZATION 17

VII BUDGET 19

VIII MONITORING AND EVALUATION 20

APPENDIXES 24 APPENDIX 1: ESTIMATED BUDGET FOR COMPENSATION AND ALLOWANCE 24 APPENDIX 2: RAP IMPLEMENTATION AND CIVIL WORKS PLAN 27

APPENDIX 3: SUMMARY OF COMPENSATION IMPLEMENTATION FOR PAHS IN THE SPOIL

DUMPING AREA IN TAM QUANG COMMUNE 26

ABBREVIATION

CPO Central Project Office

CRC Commune Resettlement Committee

DMS Detailed Measurement and Survey

DRC District Resettlement Committee

LURC Land use right certificate

MARD Ministry of Agriculture and Rural Development

NDMP Natural Disaster Risk Management Project

PAH Project Affected Household

PAP Project Affected People

PMO Project Management Organization of CPO

PMU Provincial Subproject Management Unit

PPC Provincial People’s Committee

PRC Provincial Resettlement Committee

PSC Project Steering Committee

RPF Resettlement Policy Framework

DEFINITION OF TERMS

1 Project Affected Person (PAP) indicates any individual, a household, a group of people, a

firm or a private or public organization, who, on the cut-off date of the project or of anycomponent or parts thereof would have their:

(i) right, title or interest in any house, or any land (including premises, commercial,

agricultural, forestry and grazing land) or any other fixed or movable asset,acquired or possessed, or lost, temporarily or permanently; and/or

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

temporarily or permanently, regardless of relocation or not; and /or(iii)standards of living adversely affected

2 Compensation means payment in cash or in kind to replace losses of land, housing,

income and other assets caused by the project

3 Cut-off Date is determined as the date of completion of the socioeconomic survey in the

subproject area during the RAP preparation process and the completion of the detailedmeasurement and survey upon the availability of the subproject detailed design The subprojectcut-off date for the eligibility to receive compensation is the date of completion of the detailedmeasurement and survey of the An Hoa subproject, i.e July 20th 2008

4 Eligibility: Any individual, on the cut-off date, is living in the area affected by the An Hoa

sea harbor for safety boat subproject and has the following conditions are eligible to becompensated: (i) standards of living adversely affected; (ii) right, title or interest in any house, orany land (including premises, commercial, agricultural, forestry and grazing land) or any otherfixed or movable asset, acquired or possessed, or lost, temporarily or permanently; or (iii)business, occupation, work or place of residence or habitat adversely affected, temporarily orpermanently, regardless of relocation or not

5 Land Acquisition refers to the process whereby a PAP is compelled by a public agency to

alienate all or part of the land that the PAP owns or possesses, to the that agency for publicpurposes in return for a satisfactory compensation

6 Monitoring refers to the process of regular monitoring the implementation progress of the

project activities and the achievement of the project objectives

7 Rehabilitation means the process to restore income earning capacity, production levels,

living standards and social network in a long term Rehabilitation measures are deemed to be anintegral part of the entitlement for compensation

8 Relocation means the physical relocation of an AP from the pre-Project place of residence/

business base to a new place This may include the reconstruction of houses and works, productionland and public infrastructures in other place

9 Replacement Cost means the equivalent value or the most close to market prices plus with

transaction costs such as administrative fee, registration fee, or entitlement verification fee,replacement cost for agricultural land is calculated based on the productive potential and/or marketprice at the compensation delivery Replacement cost for houses and/or other infrastructures arebased on the reasonable market prices of new building materials and labour cost withoutdepreciating and deducting value of salvaged materials Replacement cost for residential land,crops, trees, and other assets will be calculated based on market prices of relevant assets Thisensures that PAP can rebuild houses or infrastructures with better or at least equal to quality of thepre-project houses or infrastructures If no land market is available, the Provincial People’sCommittee will establish a compensation policy which ensures that PAP can recover their livingconditions equal to or better than those of before the land acquisition and/or the resettlement istaken place

10 Resettlement Effects mean all negative situations directly caused by the subproject,

including loss of land, property, income generation opportunity, and cultural assets

11 Resettlement Plan is a time-bound action plan with budget, setting out resettlement

strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation

12 Severely Affected Person is defined as a person who will (i) lose at least 20 percent of

total agriculture/aquaculture landholding or business land, (ii) relocate and/or lose more than 50percent of their main residential, and/or business base or have houses or infrastructures that areassessed unsafe or unable to use due to the project impacts and/or (iii) lose more than 20 percent

of total income sources

13 Vulnerable Group is defined as a group of people who are affected adversely due to the

land acquisition and resettlement, including poor households, landless or almost landlesshouseholds, female-headed household, disabled or disadvantaged households or ethnic minorityhouseholds

I PROJECT INTRODUCTION

1 Quang Nam is a coastal province in the North Central Region with a 125 km of coastalline The province has a total of 40,000 km2 of sea area, and about 90,000 tons of reserves ofmarine products Along the coastal line has two major river estuaries connecting the sea, namelyDai estuary, Hoi An, and An Hoa estuary in Nui Thanh district, making two estuaries be easy forships and boats to anchor, shelter, and gather, access to and for logistic services activities are takenplace, meanwhile they help promote the marine product catching and fishing and build up majormarine economic centers of the province

2 The fishery economic development strategy up to year 2010 aims at bringing the fishery togain a greater development step and actually becomes a key economic sector of the province.Details are: comprehensively developing the fishery in all three areas: catching, farming andprocessing in order to increase productions, extending scope of exports and supporting otherindustries; speeding up the industrialization and modernization process in the fishery; enhancingthe catching capacity by increase capacity of fishing boats, changing the off-shore oriented fishingmechanism, and fishing cum farming in order to exploit the fishery around the year, etc.; anddeveloping the logistic services for off-shore fishing boats such as: fish-harbor, boats building andrepair bases, sea-harbor for boat safety in storm weather, fish-market, oil and petrol supply, ice-water supply, fishing tools, etc

3 Quang Nam has a potentiality for fishery economic development; however, theinfrastructures for fishery are not invested adequately Among the traditional fishing harbors, somefishing harbors are under construction and the remaining are natural harbors Currently, there aretwo fish-harbors which are being constructed, namely An Hoa fish harbor – Nui Thanh district,and Tam Ky fish harbor – Tam Ky district, and 01 fish harbor which is constructed and now in use

is Cu Lao Cham fish harbor, Hoi An district In general, logistic services bases are dispersed, insmall scale and have low-quality services

4 The harbor system for boat safety in storm weather, storm forecasting facilities, marineequipment, safety facilities for people and fishing boats are not given due attention to Every year,losses of human beings, facilities in Quang Nam sea usually happen (obviously in the case of morethan 150 fishermen in Quang Nam died and missed in action, lost more than 10,000 billion VND,more than 600 fishing boats and ships lost in the last Chanchu storm

5 Currently, in Tam Giang and Tam Quang communes, Nui Thanh district, in addition tosome fishing wharfs of farmers, the State also invests in building An Hoa fish harbor withsufficient physical infrastructures of a fishery logistic area This fishery logistic area will supportthe sea harbor for boat safety in storm conditions, facilitate fishing boats and ships to anchor instorm weather, and this combination of works will inter-support in order to promote theinvestment effectiveness

6 Name of subproject: An Hoa sea harbor for boat safety subproject, Nui Thanh district,

Quang Nam province

7 Investor: Quang Nam Provincial Department of Agriculture and Rural Development

(DARD)

8 Construction site: Vung Da bay, bounded by the Tam Giang commune to the west and

south, and Tam Quang commune to the east and north, in Nui Thanh district, has favored naturalconditions for boats and ships to shelter in storms: water surface is large but out of wave and calm,and is closer to the infrastructures and logistic services for fishing activities i.e An Hoa fishingharbor, and has a capacity for 1,200 fish boats and ships to shelter at the same time in stormweather Actually so far, fishermen in coastal areas in the Central region usually have selected this

to shelter in storm With its natural conditions, Vung Da bay is selected to build the An Hoa seaharbor for boats and ships to shelter In this region, fishing boats, ships and facilities developstrongly in quantity and types Fishermen have experiences in fishing, catching marine products,building and repairing boats and ships Meanwhile, some physical infrastructure works andlogistic works exist to serve the fishery

9 Objectives and tasks of the project: (i) building a sea harbor for fishing boats and ships

and fishing facilities to shelter in storms in Quang Nam sea and in the vicinity in order minimizedamages and loses to human and assets of fishermen in storm season, making fishermen to feelconfident in fishing in off-shore and developing the fishery, (ii) creating a traditional wharf forfishermen to anchor before and after the fishing, (iii) coordinating with An Hoa fishing harbor andfishery craft-villages in the locality, providing premises for the development of economic activitiessuch as marine product processing, fishing logistic services, fish boat building and repair, (iv)creating jobs for labour and improving socioeconomic life of local fishermen, (v) providingfavored conditions for developing fishery extension services, protection of marine benefits andguiding the fishing ground

II SCOPE OF LAND ACQUISITION AND RESETTLEMENT

II.1 The subproject description

10 In accordance with the Decision 288/2005/QD-TTg dated November 08th 2005 of thePrime Minister approving the “adjustment to the planning of sea harbor for fishing boats and ships

to shelter in storms up to year 2010 and in vision towards year 2020”, An Hoa sea harbor for boatsafety is classified as a sea-harbor at provincial level and is prioritized to invest in the first phase

11 Vung Da bay locates close to the downstream of An Tan river flowing to Truong Giangriver, about 2.5 km from An Hoa estuary (seaport), in the territory of Tam Quang and Tam Giangcommunes, Nui Thanh district, Quang Nam province This area has natural conditions favored forships and boats to anchor and shelter in storm weather The topographic condition of the area issimilar to a natural dry lock, with one end connecting to An Tan river to An Hoa estuary Thisnatural dry lock is about 1,000 m long, 800 m wide on average, and is protected by villages and isclose to active fishing ground so it forms a gathering point for ships, boats and fishing facilities togather, for logistic services and shelter purposes when whirl-wind, tropical low-pressure happens

in the local sea

12 Potential impacts: Since the shelter area is built in the alluvial area and river estuary where

is close to shrimp farming ponds of farm households so it is hardly to avoid adverse impacts fromthe construction of works such as turbid water affecting to the shrimp farming, relocation of rock-placed fish-traps of local people in Vung Da bay in order to dredge the area Spoils and mud to bedredged will be dumped in shrimp farming ponds in Tam Quang commune which were acquiredand compensated in the Project for Free Trade Zone of Chu Lai Open Economic Zone Therefore,the project will not acquire land temporarily or permanently from people

II.2 Mitigation measures

13 The location for the construction of sea harbor for boat safety in storms is selected based

on the following criteria: (i) ensuring technical specifications of a sheltering place in stormweather for ships and boats; (ii) ensuring the safety of ships and boats to access to the storm-sheltering place; (iii) minimizing adverse impacts to local people The selected location of thesubproject is close to downstream of An Tan river flowing to Truong Giang river, about 2.5 kmfrom An Hoa estuary (seaport) and this location satisfies all above-mentioned criteria Because theproposed construction site is not a residential land so it will not cause resettlement but affect to themarine product farming, fishing and catching of some family households

14 The technical solutions and construction are proposed and reviewed in order to minimizepermanent or temporary land acquisition as well as to select the area which has been compensatedand acquired in other projects to use as material stock piling and spoil dumping in this subproject.The construction access is waterway not road way, therefore, the subproject also avoids acquiringland temporarily

II.3 Summary of main impacts of the subproject

15 The subproject will affect to two communes: Tam Giang and Tam Quang According to thestatistics of the Resettlement Committee of Nui Thanh district, there are 82 HHs with 397 peoplewill be affected by the subproject, comprising of 80 shrimp farming HHs, 01 fish catching HHwith rock-pitching fish traps who has to remove 9 rock-pitching fish traps, and 01 collectiveorganization, i.e Tam Giang CPC that is affected with shrimp ponds All PAHs do not lose landbut suspend raising shrimps in 01 year when the construction is carried out because the dredgingwill make water too turbid to raise shrimps A total of 351,186m2 of shrimp farming ponds will beaffected during the construction None of PAHs loses residential land or is affected with houses(Table 1)

16 The objective of this RAP is to ensure that all PAHs will be compensated at replacementprices for affected assets and will be supported to mitigate adverse impacts so PAPs will haveliving conditions equal to or better than the pre-project conditions The information and datapresented in this RAP are collected from (i) detailed measure survey (DMS), (ii) socioeconomicinformation survey which has been carried out with 100% of PAHs, and (iii) group-discussionwith PAPs Because the number of PAHs is small (82 HHs) and there is no severe PAH so thisRAP is abbreviated (abbreviated RAP) as regulated in the OP4.12 of the World Bank

Table 1 Summary of impacts caused by the subproject

Total PAHs

An Hoa

Total Losing

>50% of house

Losing shops >20% ofLosing

agri land

Losing

<20% of agri land

Affecting shrimp farming

Number of PAHs Number of

Source: Nui Thanh DRC

III SOCIOECONOMIC INFORMATION III.1 Information source

17 In July 2008, a socioeconomic survey on PAHs was carried out by Nui Thanh DRC inorder to collect the economic – social information of PAHs in two communes: Tam Giang and TamQuang Such information provide a base to identify appropriate support measures to PAHs in order

to help them at least restore their living conditions and incomes as well as their productioncapacity 100% PAHs were surveyed

III.2 Population characteristics

18 All surveyed PAHs (100%) are in Kinh group Neither ethnic people nor ethnic familylives in the subproject area

19 The averaged size of one surveyed PAH is 4.9 persons/HH The rate of gender of HHowners is dominated with male (68), only 13 PAHs are headed by females The averaged age ofPAH owners is 50 and the averaged education of them is at 9/12 level

Table 2: Population characteristics of PAHs

Sample

PAHs Size of family HH Ethnic minority(%) Gender proportion (%) Averagedage of

HH owners

Education level of HH owners

Total

people (person/HH)Size Kinh Others HH owner HH member

Male Female Male Female

81 397 4.9 100 0 83.9 16.1 46.4 53.6 50 9/12 Source: Nui Thanh DRC

III.3 Job and income

20 The majority of PAHs live on agricultural production, mainly rice farming, and combinewith aquaculture The one-year suspension of shrimp farming will not affect significantly to lifeand income of these PAHs because their main job is agricultural production In addition, shrimpfarming in recent years usually has suffered losses because of shrimp diseases so shrimp farmershas no longer invested and developed this job but only farm with extensive farming techniques

21 When the harbor is constructed, PAHs will have favored conditions to change jobs to dobusiness in fishery-services, and more jobs will be created for many laborers

22 According to the survey, PAHs have the averaged income of 2,058,333 VND/HH/monthand the averaged income per capital is 406,000 VND/person/month There is no poor PAH

III.4 Affects to land and structure

23 The subproject does not acquire land temporarily or permanently from people because theconstruction is on water surface and materials are transported by water Spoils and mud dredgedwill be dumped in the area where the land acquisition and resettlement was carried out by theproject of the Free Trade Zone in Chu Lai Opening Economic Zone A brief due diligence report

on these resettlement activities is attached as the Appendix 3 of the RAP

24 The subproject only affects to the shrimp farming of 81 HHs (including Tam Giang PC)during the construction and one PAH has to remove 9 rock-pitching fish-traps

III.5 Land-use status

25 All PAHs have permanent and legal land-use rights to the shrimp farming land affected.PAHs use lands in right purposes and do not violate the land-use plan of the commune

IV.1 Resettlement objectives :

26 The objectives of the land acquisition, resettlement and compensation policy are to avoid

or minimize adverse impacts to the people In case it is impossible to avoid, all assets affectedmust be compensated and PAHs are assisted in order to ensure that they will have the livingconditions equal to or better than the pre-project conditions

IV.2 World Bank policy on involuntary resettlement :

27 All resettlement and compensation activities in WB-funded projects must comply withregulations in OP 4.12 regulating the World Bank Policy on involuntary resettlement According tothis policy, PAPs must be informed and consulted adequately about the land acquisition,resettlement and compensation plan All PAHs are compensated for assets and land affected, andare supported to improve or at least remain their living conditions and livelihoods as in pre-projectconditions

28 Absence of legal rights on land will not affect the entitlement to compensation of PAHs.Assets affected will be compensated with replacement prices

29 Land acquisition, compensation and resettlement must be acknowledged and implemented

as an integral part of the project Therefore, all costs for land acquisition, resettlement andcompensation should be included in the project cost

IV 3 Compensation policy of the Government of Vietnam :

30 In recent years, the Government of Vietnam has promulgated some laws and regulations inorder to protect the rights and entitlements of PAHs The laws and regulations that relate andgovern the land acquisition, resettlement and compensation activities are:

i The Constitution of the Socialist Republic of Vietnam, April 15th 1992, revised inaccordance with Resolution No 51-2001-QH10 on December 25th 2001 by theLegislature X, issued in Session 10 of the National Assembly;

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

iii The Decree No 188/2004/ND-CP (November 2004) regulating the methods of

determination of land prices and price framework for different land categories;

iv The Decree No 197/2004/ND-CP (December 2004) regulating the compensation and

assistance for resettlement when the State acquires land;

v The Circular No 116/2004/TT-BTC (December 2004) instructing to implement the

Decree No 197;

vi The Decree No 181/2004/ND-CP (November 29th 2004) regulating the execution of

The Land Law 2003;

vii The Circular No 30/2004/TT-BTNMT (November 1st 2004) guiding to prepare,

adjust and appraise the land use plan and planning;

viii The Circular No 01/2005/TT-BTNMT (April 13th 2005) instructing to execute the

Decree No 181;

ix The Decree No 17/2006 regulating and supplementing some provisions to the Land

Law 2003 and the Decree No 197 (November 2004);

x The Decree No 84/2007/ND-CP promulgated in May 25th 2007 regulating the

supplement on issuance of certificate of land-use rights, land acquisition,implementation of land-use rights, order and procedures of land acquisition,resettlement, support and compensation when the State acquires land and the land-related grievance mechanism;

xi The Decree No 123/2007/ND-CP promulgating on July 27th 2007 supplementing to

methods on determination of prices for land

31 The Land Law 2003, passed in December 2003 and came into effect since July 1st 2004,superseding the Land Law 1998 The Land Law 2003 is a comprehensive land administration law,specifies provisions on land allocation, management of land lease, land recovery for developmentpurposes, changes in value of land in market mechanism, and enables people to have access to theland source with the Land-Use Right certificate (LURC) Some of the important issues that arerelevant to land usage, 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 another party; and rent,bequeath, or use their land as collateral;

iii The People's Councils at all levels are responsible for managing land issues in their

domains, as provided for by laws

iv The land user who has “permanent” land-use rights can have “eligible” rights or

“legalizable” rights;

v Eligible land-users are people who possess LURCs, and legalizable land-users are

people who are in process of being granted with LURCs by district government orpeople who have temporary land-lease contracts which can be legalized; and

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, as

specified in Article 27, the land users will be compensated for the land or assetsacquired or affected

32 The Decree No 197/2004/ND-CP (3/12/2004) regulating the compensation, support and

resettlement when the State acquires land for its use which supersedes the Decree No 22 which

used to provide a base for the compensation, support and resettlement when the State acquires

land for national defense or security or national and public interests The Decree No 197 contains

many provisions close to the World Bank policy on Involuntary resettlement than in the Decree

No 22, including the following provisions:

In projects which are financed from the official development assistance fund (ODA), if thecompensation, support and resettlement required by the donor are discrepant to theprovisions in this Decree, before signing the international agreement, the project executing

agency has to report to the Prime Minister for review and decision In case, the

international agreement that Vietnam has signed or entered has provisions different from provisions specified in this Decree, the provisions specified in such international agreement will govern” (Chapter 1, Article 1, Item 2).

33 The Land Law 2003 and the Decree 197 have significant progresses in narrowing thediscrepancies between the laws, regulations of the Governments with the applicable requirementsfor ODA projects, therefore, are closer to the WB’s policy on Involuntary Resettlement Theremaining discrepancies will be continuously narrowed with the promulgation of the Decree No.17/2006

34 The Decree No 84/2007/ND-CP issued on May 25th 2007 regulating the issuance ofLURCs, procedures and steps on land acquisition and resettlement This Decree specifies the time

to determine whether land-users are legal or illegal This Decree also requires that the landacquisition, resettlement and compensation must be implemented democratically and transparentlyfor PAHs

IV.4 Decisions of Quang Nam PPC regulating the land

acquisition, resettlement and compensation

35 In recent years, Quang Nam PPC has issued some Decisions regulating the resettlementand land acquisition and compensation which are applied in the territory of the Province:

(i) Decision No 55/2006/QD-UBND issued on December 15th 2006 regulating the

resettlement and compensation in the Quang Nam territory;

(ii) Decision No 18/2007/QD-UBND issued on June 28th 2007, adjusting,

supplementing some provisions of the Decision No 55/2006/QD-UBND regulatingthe resettlement and compensation in the Quang Nam territory;

(iii) Decision No 57/2007/QD-UBND issued on December 18th 2007 regulating

methods to identify prices of land and classification of land categories in the QuangNam territory;