Resettlement Plan August 2011 VIE: Comprehensive Socioeconomic Urban Development Project – Viet Tri, Hung Yen, and Dong Dang (Viet Tri) Prepared by the Phu Tho Provincial People’s Committee for the Asian Development Bank. ABBREVIATIONS ADB – Asian Development Bank CBO – community-based organization CPC – city people’s committee CRC – city resettlement committee DMS – Detailed Measurement Survey DOLISA – Department of Labour, War Invalids & Social Affairs EMA – external monitoring agency EMO – external monitoring organization (also known as Independent Monitoring Organization) ha – hectare IOL – inventory of losses km – kilometer LURC – land use rights certificate m2 – square meter NGO – non government organization ODa – official development assistance PIB – project information brochure PMU – project management unit PPC – provincial people’s committee PRA – participatory rapid appraisals PSC – project supervision consultant ROW – right of way SES – socioeconomic survey SPS – Safeguard Policy Statement VND – Vietnamese dong NOTE In this report, “$” refers to US dollars unless otherwise stated. Definition of Terms Cut-off date – This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorised as displaced people. The cut-off date will be determined by the City People’s Committee (CPC) and formally disclosed to affected persons at the time it is set in order to be effective. The conduct of the formal census and Detailed Measurement Survey (DMS) should occur as close as practical to the setting of the cut-off date. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the DMS; or (ii) they have lawfully acquired the affected assets following completion of the census and the DMS. Displaced – In the context of involuntary resettlement, displaced people are those who Persons are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary expropriation of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Detailed – This activity involves the finalisation and/or validation of the results of the Measurement inventory of losses (IOL), severity of impacts, and list of displaced peoples Survey earlier done during resettlement plan preparation. The final cost of resettlement can be determined following completion of the DMS. Entitlement – Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the displaced peoples, depending on the type and severity of their losses, to restore their economic and social base. Income – This is the re-establishment of sources of income and livelihood of the restoration affected households. Inventory of – This is the process where all fixed assets (i.e. lands used for residence, Losses commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of- way are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of displaced peoples will be determined. Land acquisition – Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Relocation – This is the physical relocation of a displaced people from her/his pre-project place of residence and/or business. Severely affected – This refers to affected households who will (i) lose 10% or more of their total households productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project. Vulnerable – These are distinct groups of people who might suffer disproportionately or groups face the risk of being further marginalised by the effects of resettlement and specifically include: (i) households headed by women with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, (vi) ethnic minorities. TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY 1 A. Project Description and Rationale ....................................................................................... 1 B. Legal and Policy Framework ............................................................................................... 2 C. Project Entitlements ............................................................................................................ 3 D. Participation and Grievance Redress ................................................................................. 3 E. Income Restoration and Relocation Strategies .................................................................. 4 F. Institutional Arrangements .................................................................................................. 4 G. Monitoring and Evaluation .................................................................................................. 6 H. Resettlement Cost and Flow of Funds ................................................................................ 6 II. INTRODUCTION 6 A. Project Description and Rationale ....................................................................................... 6 B. Minimizing Involuntary Resettlement ................................................................................ 13 C. Background to the Preparation of the Resettlement Plan................................................. 13 III. Scope of Land Acquisition and Resettlement 14 A. Methodology...................................................................................................................... 14 B. Summary of Land Acquisition and Resettlement Impacts ................................................ 14 C. Impact on land................................................................................................................... 14 D. Impacts on Agricultural/Productive Land .......................................................................... 15 E. Impacts on Public Land ..................................................................................................... 16 F. Impacts on Residential Land and Houses ........................................................................ 16 G. Impacts on Secondary Structures ..................................................................................... 17 H. Impacts on Businesses ..................................................................................................... 18 I. Impacts on Communal Resources .................................................................................... 18 IV. SocioEconomic Information and Profile 19 A. Background to the Socio-Economic Survey ..................................................................... 19 B. Household Demographics ................................................................................................. 19 C. Livelihood and Income ...................................................................................................... 20 D. Education .......................................................................................................................... 23 E. Project Impact on Livelihood ............................................................................................. 24 F. Vulnerable Households ..................................................................................................... 25 G. Issues and concerns on Resettlement .............................................................................. 26 V. Participatory Communication Process 26 A. Objectives and Principles .................................................................................................. 26 B. Identification of Project Stakeholders ................................................................................ 27 C. Information to be Provided to Displaced Persons and Affected Communities ................. 27 D. Means of Implementing the Communication Strategy ...................................................... 27 E. Specific Consultation Matters ........................................................................................... 28 F. Consultation Activities Undertaken during Preparation of the resettlement plan ............. 28 G. Summary of Issues and Concerns .................................................................................... 29 H. Disclosure of the Draft Resettlement Plan ........................................................................ 30 I. Disclosure of the Updated Resettlement Plan .................................................................. 30 J. Planned Consultation and Disclosure Measures .............................................................. 30 VI. Grievance Redress Mechanisms 32 VII. RESETTLEMENT POLICIES 33 A. Government of Vietnam’s Policies on Land Acquisition and Resettlement ...................... 33 B. ADB Safeguard Policy Statement ..................................................................................... 35 C. Mainstreaming Gender ..................................................................................................... 35 D. Reconciliation of Government and ADB Policy on Resettlement ..................................... 36 E. Project Policies .................................................................................................................. 39 F. Principles for Valuation ..................................................................................................... 39 VIII. Entitlements, Assistance and Benefits 40 A. Entitled Persons ................................................................................................................ 40 B. Entitlement Matrix ............................................................................................................. 40 IX. RESETTLEMENT IMPLEMENTATION STRATEGY 48 A. Options on Resettlement .................................................................................................. 48 B. Transitional Relocation Assistance ................................................................................... 48 C. Temporary Impacts ........................................................................................................... 49 D. Unforeseen Impacts .......................................................................................................... 49 X. Income Restoration and Rehabilitation 50 A. Objective and Eligibility for Income Restoration Assistance ............................................. 50 B. Livelihood Support Intervention Measures ....................................................................... 50 C. Agricultural Enhancement Program .................................................................................. 51 D. Transitional Stabilization Assistance................................................................................. 52 E. Skills Training Program ..................................................................................................... 52 F. Special Measures to Support Vulnerable Groups ............................................................. 52 XI. Resettlement Budget 52 A. Resettlement Budget Estimate ......................................................................................... 52 XII. Institutional Arrangements 63 A. The City People’s Committee (CPC) ................................................................................ 63 B. Project Management Unit (PMU) ...................................................................................... 63 C. Resettlement Committee .................................................................................................. 63 D. Relevant Provincial Government Line Agencies ............................................................... 63 E. Local Administrative Authorities ........................................................................................ 64 F. Local Mass Organisations ................................................................................................. 64 G. Project Supervision Consultants (PSC) ............................................................................ 64 XIII. Implementation Schedule 65 XIV. Monitoring and Reporting 67 A. Internal Monitoring ............................................................................................................ 67 B. External Monitoring and Evaluation .................................................................................. 69 Appendixes Appendix 1.1: Minimization Options 72 Appendix 2.1: Socioeconomic Survey Questionnaire 73 Appendix 2.2: Inventory of Losses 74 Appendix 2.3: Master List of Displaced People 81 Appendix 2.4: Estimated Replacement Costs 89 Appendix 2.5: Minutes of Consultation Meetings/Attendance 90 Appendix 2.6: Public Information Booklet Outline 101 Appendix 2.7: Terms of Reference Replacement Cost Study 105 List of Tables Table I.1: Land Requirement of Sub-projects in Viet Tri city…………………………………………………. 2 Table I.2: Summary of Resettlement Impacts…………………………………………………………………. 2 Table I.3: Resettlement Implementation Schedule……………………………………………………………. 5 Table II.1: Land Requirements for Viet Tri Components .............................................................................. 8 Table III.1: Involuntary Resettlement Impacts on Affected Displaced People’s Households ..................... 14 Table III.2: Summary Impacts on Private and Public Land by Component ................................................ 15 Table III.3: Categories of Impacted Privately Owned Land by Component and Location .......................... 15 Table III.4: Distribution of Severity of Loss of Privately Owned Productive Land ....................................... 16 Table III.5: Impacts on Residential Land by Commune .............................................................................. 16 Table III.6: Impacts on Residential Houses by Location, Category and Households ................................. 17 Table III.7: Impacts on Secondary Structures by Component and Location .............................................. 17 Table III.8: Project Level Impact on Commune Owned Land Leased for ................................................... 18 Table III.9: Impact of Loss of Commune Owned Land Leased for Agricultural Production by Affected Ward/Commune .................................................................................................................................. 19 Table IV.1: Sample Household Size per Commune ................................................................................... 19 Table IV.2: Sex Disaggregated Household Demographics ........................................................................ 20 Table IV.3: Sex Disaggregated Data of Engagement in Remunerated Work............................................. 20 Table IV.4: Remunerated Work by Category and Location ........................................................................ 21 Table IV.5: Participation in Remunerated Work by Working Status, Sex and Location ............................. 21 Table IV.6: Household Monthly Per Capita Income Rangers ..................................................................... 22 Table IV.7: Sanitation (% of Households) ................................................................................................... 22 Table IV.8: Energy for Lighting and Cooking (% Households) ................................................................... 22 Table IV.9: Water sources for Drinking and Cooking (% Households) ....................................................... 22 Table IV.10: Affected Residential Structures by Category .......................................................................... 23 Table IV.11: Individuals 16–24 years of Age in Full Time Education ......................................................... 24 Table IV.12: Distribution of Severity of Loss of Privately Owned Productive Land .................................... 24 Table IV.13: Impact of Loss of Commune Owned Land Leased for ........................................................... 25 Table V.1: Attendance at Displaced People Consultation Meetings, March 2011 ..................................... 29 Table V.2: Displaced People Level of Support for the Project (Individual Attendees) ................................ 29 Table V.3: Planned Consultation Activities Disclosure Measures .............................................................. 31 Table VII.1: Gaps between Government Legislation and ADB Policies and Gap Filling Measures ........... 37 Table VIII.1: Entitlement Matrix ................................................................................................................... 41 Table IX.1: Subsistence Allowance Rates .................................................................................................. 49 Table XI.1: Resettlement Budget Estimate ................................................................................................. 53 TableXI.2: Direct Resettlement Cost Estimates for Phu Dong Road Component ...................................... 55 Table XI.3: Direct Resettlement Cost Estimates - Phu Dong Road Component ........................................ 58 Table XI.4: Direct Resettlement Cost Estimates for Thuy Van Road Component...................................... 62 Table XIII.1: Resettlement Activity Schedule .............................................................................................. 67 Table XIV.1 Monitoring and Evaluation Indicators ...................................................................................... 71 Figure 1: Typical Cross Section VT1/VT2 first sections 9 Figure 2: Typical Cross Section VT2 second section 10 Figure 3: Typical Cross Section VT1 second section 11 Figure 4: Typical Cross Section VT3 12 Figure 5: Education Attachment of Household Members 23 I. EXECUTIVE SUMMARY A. Project Description and Rationale 1. The proposed sub-projects in Viet Tri City include the following roads: Phu Dong Road, Truong Chinh Road and Thuy Van Road. VT.1 Phu Dong Road This road aims to connect the urban areas to Noi Bai Lao Cai Expressway. The road is currently under construction requiring additional financing for its development. Total length of road from connection with Truong Chinh Road to provincial road is 3.6 kilometers (km) with 2x3 lanes, including a pavement and middle road up to 60 meters (m) (refer to map 1). A portion of the road (0.5 km) from PPC road is also under construction which is included in the proposal. The road is four lanes, having a width of 50 m (refer to map 3). VT.2 Truong Chin Road VT2.a Phu Dong road – National Dyke The first section connects Phu Dong Road to National Dyke. Total length is 1.1 km with 2x3 lanes, 60 m wide with middle strip and pavement (refer to map 1). VT2.b Phu Dong Road to National Road 2 The second section connects Phu Dong Road to National Road (NR) 2 (Thuy Van Industrial Park. Total length is 3.3 km comprising of 2x2 lanes with middle strip. Total width is 50 m (refer to map 2). VT.3 Thuy Van Industrial Zone VT3a: New road to NR 2 This is a new road that will connect to NR 2/Thuy Van Industrial Zone to facilitate easy mobility and access to industrial areas. Total length is 1.9 km with 2x2 lanes without middle strip. Width is 40 m (refer to map 4). VT3b: Thuy Van Industrial Zone and bridge within Thuy Van Industrial Zone This road will connect Thuy Van Industrial Zone and bridge. Total length is 2.0 km road 2x2 lanes without middle strip. Total width is 40 m (refer to map 4). VT3c: Thuy Van Industrial Zone: Connection from Thuy Van to southern dyke This road is a 2.6 km road with 2x2 lanes without middle strip. Width is 40 m (refer to map 4). 2. Overall, the proposed roads are intended to provide improved network and facility to facilitate mobility and access to basic resources. The City People's Committee (CPC) of Viet Tri 2 City is the executing agency of the proposed project. The subprojects are proposed for funding from the Asian Development Bank (ADB), and have therefore to fully comply with the ADB safeguard policies. 3. A total of 732,000 square meters (m2) of land will be required for the subprojects. Of this, 241,000 m2 belong to Phu Dong road, 231,000 m2 belong to Truong Chinh road and 260,000 m2 to Thuy Van road. An aggregate area of 443,515.65 m2 belongs to private land. The remaining 246,366.65 m2 belong to public land comprising of irrigation, road and agricultural land. Table I.1: Land Requirement of Sub-projects in Viet Tri city Length Width 2 Code Sub-Project/Commune (km) (m) Total (m ) VT1 Phu Dong Road 241,000 VT1a Phu Dong Road 3.6 60 216,000 VT1b Additional road 0.5 50 25,000 VT2 Truong Chin Road 231,000 VT2a First Section 1.1 60 66,000 VT2b Second Section 3.3 50 165,000 VT3 Thuy Van Industrial Zone 260,000 VT3a Thuy Van Industrial Zone –New Road 2 1.9 40 76,000 VT3b Thuy Van Industrial Zone/bridge- Industrial Zone 2.0 40 80,000 VT3c Thuy Van Industrial Zone –South Dyke 2.6 40 104,000 Total Viet Tri 15.0 732,000 2 km = kilometer, m = meter, m = square meter, VT = Viet Tri Table I.2: Summary of Resettlement Impacts Displaced People’s Households From Leased Losing Agricultural Privately- Land-Owned by Affected Losing Owned Commune Houses Required to Residential Agricultural People’s Component (partial/full) Relocate Land Land Only Committees Total Truong Chinh 94 48 155 280 157 592 Phu Dong 22 7 29 491 168 688 Thuy Van 0 0 0 120 323 443 Total 116 55 184 891 648 1,723 4. A total of 1723 households will be affected by the Project. Of this, 55 will be relocated who would lose their housing structures and residential land. Another 129 households will experience marginally loss of residential land but will not be relocated. Another 891 households will lose privately owned agricultural/productive land only. In addition there are an estimated 648 households which will be displaced from a portion of commune owned agricultural land which they lease. 5. There are two categories of affected structures. Category 4 has an aggregate area of 5152 m2 and Category 3 has an aggregate area of 4,194 m2. These structures belong to 55 households that will be relocated and a portion of structures belonging to 129 households with partially affected structures. B. Legal and Policy Framework 6. The land acquisition, compensation and rehabilitation of project affected household will 3 be governed by the National laws, and of the ADB’s Policy Social Protection Statement and Policy on Involuntary Resettlement (1995). The policy of the Government of Vietnam (Government) on compensation, assistance and relocation has been improved significantly in recent years (Land law-2003; Decree 197-2004; Decree 84-2007, Decree 69/2009, etc.) and very close to the requirements of the ADB standards on involuntary resettlement. 7. The Project Compensation and Resettlement policy are guided by the following principles: (i) land acquisition should be minimized as much as possible, (ii) ensure that affected people receive compensation at full replacement values and with relocation assistance so that they will be at least as well off or at least in better condition as they would have been before the project took place. 8. The cut-off date of this project will be determined by the CPC in consultation with the Resettlement Committee and project management unit (PMU) and formally disclosed to affected persons at the time it is set in order to be effective. The conduct of the formal census and Detailed Measurement Survey (DMS) should occur as close as practical to the setting of the cut-off date. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the DMS; or (ii) they have lawfully acquired the affected assets following completion of the census and the DMS. C. Project Entitlements 9. A fundamental objective of the Project resettlement policy is to replace and compensate lost assets based on the principle of replacement cost. Compensation and various forms of assistance will be provided and income restoration programs, as needed, will be put in place prior to the displacement of displaced peoples from their houses, land, and other assets, in a way that will ensure that their standards of living are at least restored to their pre-project levels, and that those in the category of vulnerable groups (such as poor households, ethnic minority households, etc.) are assisted to help improve their socioeconomic status. In addition to compensation at replacement cost, DPs will receive additional entitlements, incentives and assistance for PAPs that will lose their land and other assets. D. Participation and Grievance Redress 10. Two rounds of public consultation meetings were done participated by various stakeholders comprising of local officials, affected households, women, youth, and business sectors. Various approaches were utilized in participatory process which included key informant’s meeting, structured survey of households and informal group meetings. Keeping the displaced peoples informed and getting them involved will continue during the updating and implementation of the resettlement plan consistent with the project’s participatory approach. A grievance redress mechanism has been designed to ensure that the complaints and grievances of PAPs are addressed and resolved in a timely and satisfactory manner. A grievance Committee will be established also in the communes where grievances can be dealt with more effectively by local people tasked to address the issues and concerns of affected households. After project approval, when the resettlement plan has been approved, a Public Information Booklet (PIB) will be prepared for dissemination to affected households on their rights and entitlement. The resettlement plan will be disclosed and be made available to the communes where affected households can have access to examine its contents. 4 E. Income Restoration and Relocation Strategies 11. Displaced people losing 10% or more of their productive assets and income sources will participate in an income restoration program that will developed as a collective effort of the displaced peoples, the executing agency, the relevant people’s committees, and the consultants during the updating of the resettlement plan following the approval of the project. 12. Displaced people losing entire houses are provided with cash compensation for housing structure and land at replacement cost. Additional benefits will include transport cost, removal cost, rehabilitation assistance, etc. as provided in Decision 3995/2009/QD-UBND. 13. Other displaced peoples with partially affected houses and/or land, productive assets will also receive cash compensation for their affected property, productive asset or residential land. All displaced peoples who will lose agricultural land will be provided with incentives and bonuses as additional benefits as provided in the project policy In Viet Tri, the rehabilitation assistance is 1.5 times the value of land to compensate to assist in livelihood restoration. The displaced peoples will not be displaced until after they have received in full the compensation and applicable allowances due to them and allowed sufficient time (minimum 3 months) in order to arrange alternative settlement. 14. Examining the distribution of severity of loss of productive land, it can be observed that overall more than half of displaced people’s households who will lose productive land will not experience a severe loss – that is 54% will lose less than 10% of their farming land. Having said this, there another two comments worthy of note. First, Thuy Van ward will see 83% of its displaced people’s households experiencing severe loss of more than 10% of their productive land holdings. Second, the commune with largest number of displaced people’s households losing productive land is Phung Lao commune where 323 households will be impacted by the land acquisition for Phu Dong road. Similarly, displaced peoples living in Phung Lao Commune will loss of another source for income and food with the loss of 31,751 m2 of land utilized for aquaculture. F. Institutional Arrangements 15. The CPC is the executing agency for Viet Tri projects with the Ministry of Planning as facilitator. The executing agency is overall responsible for the satisfactory implementation of resettlement. A Social and Resettlement Unit in the executing agency/PMU will be organized to collaborate with the city and district resettlement committees that the CPC of Viet Tri n will set up following approval of the subprojects. 16. The city and district resettlement committees, with guidance from the resettlement specialist of the project supervision consultant (PSC), will spearhead the updating of the draft resettlement plan. Said resettlement committees will likewise spearhead its implementation. The Vice Chairman of the City and District People’s Committees (DPCs) heads the resettlement committees. Members come from various departments and representatives of local organizations, including the displaced peoples. 17. The Project consultants will assist the executing agency and the resettlement committees in ensuring that the draft resettlement plan is prepared and implemented according to the project resettlement policy approved by the Government and the ADB. For this reason, the consultants will provide the necessary training and capacity-building interventions to the executing agency, the city and district resettlement committees. 5 18. Updating of the draft resettlement plan will commence following approval of detailed engineering design. An Independent Appraiser will be hired by the executing agency to conduct detailed assessment on replacement cost which will be used for compensation. The executing agency will submit the draft updated resettlement plan to the ADB for review and approval. Displacement of people from land, other assets, and sources of income and livelihood cannot commence until the updated resettlement plan has been reviewed and approved by the ADB Bank. Moreover, construction activities in a specific section of the proposed sub-projects cannot begin until compensation payment and relocation to new sites, as needed, for displaced peoples in said section have been satisfactorily completed, agreed rehabilitation assistance is in place, and that said section is free of all encumbrances. Below is an indicative schedule of the updating and implementation of the resettlement plan. Table I.3: Resettlement Implementation Schedule Activity Timing Establishment of Resettlement Committee and Grievance Redress Committee (at Month 2 city/provincial level) Confirmation of alignment and land acquisition boundaries Month 6 Land acquisition demarcation Month 7 Consultations with key stakeholders, local People’s Committees and civil society Month 7 Mass Organizations. Establish Resettlement Redress Mechanism at Ward/Commune Level. Resettlement Plan Updating Review and update Entitlement Matrix Month 7 Confirmation of resettlement site preparation arrangements Month 7 Mobilization of EMA Month 7 Train resettlement staff Month 8 Engagement of EMA Month 8 Information campaigns before DMS Month 8 Conduct Census/DMS/SES Month 9 Conduct replacement cost study by qualified appraiser Month 9 Preparation of compensation plan Month 10 Conduct consultations Month 10 Update the resettlement plan document Month 11 Updated resettlement plan endorsed by executing agency and submitted to ADB for Month 12 review and concurrence ADB provides concurrence to updated resettlement plan. Updated resettlement Month 13 plan disclosed to displaced peoples and uploaded on ADB website Disbursement of compensation and assistance, as well as commencement of Month 14 income restoration strategy, Resettlement and land clearance Month 17 ADB issues notice of “no objection” to commencement of civil works. Issuance of Month 18 notice to proceed for civil works Grievance redress mechanism operation Month 2–60 Implementation of income restoration program Month 14–60 Internal monitoring (quarterly) Month 7–60 External Monitoring (semi-annually) Month 7–60 Uploading of external monitoring reports to ADB website Month 6–60 Post-resettlement evaluation by External Monitor Month 60 ADB = Asian Development Bank, DMS = detailed measurement survey, EMA = external monitoring agency, SES = socioeconomic survey. 6 G. Monitoring and Evaluation 19. The executing agency will be responsible for internal monitoring of resettlement activities, ensuring that the draft resettlement plan is updated and implemented according to the approved project resettlement policy. The results of internal monitoring will be included in the monthly progress reports the executing agency will submit to the ADB. The executing agency will engage the services of an external monitoring organization (EMO) at the start of updating of the resettlement plan. The EMO will submit an inception report one month following its mobilization and quarterly reports on the updating and implementation of the draft resettlement plan. The external monitoring agency (EMA) will suggest corrective measures for any problems it identifies. The EMO will likewise conduct a Post-resettlement Evaluation Study 6–12 months after the completion of resettlement plan implementation. H. Resettlement Cost and Flow of Funds 20. The total resettlement costs for 1,723 households is estimated at VND 268,104,310,953 (approximately $13,405,216). The cost of resettlement will be finalized following the updating of the resettlement plan based on replacement cost following approval of the sub–projects. Overall, the costs include compensation and allowances, design and implementation of income restoration programs, operational/ administration expenses, internal and external monitoring and contingencies and cost of independent appraiser. The executing agency will provide the funds for resettlement in a timely manner. Funds for resettlement will be coursed through the City resettlement committee and its counterpart in the districts. Payment of compensation and allowances will be given to the displaced peoples in the office of the commune. II. INTRODUCTION A. Project Description and Rationale 21. The Vietnam Comprehensive Socio-Economic Urban Development Project – Viet Tri, Hung Yen and Dong Dang aims to develop Viet Tri, Hung Yen, and Dong Dang to complement Hanoi as northern Vietnam's economic centers and to contribute to the transformation of the North-South economic corridor (NSEC) from transport corridor to full-fledged economic corridor. The planned outcome of the project is improved urban infrastructure and municipal services in the project cities through investing in urban infrastructure construction and upgrading, and strengthening local governments' urban management capacities. The three project urban areas, (Viet Tri, Phu Tho province; Hung Yen, Hung Yen province; and Dong Dang, Lang Son province) are located along the NSEC outside Hanoi, and classified as secondary cities and towns in northern Vietnam. 22. Viet Tri has a good potential to be a logistics hub in northern Vietnam. It is the capital of Phu Tho province and located about 84 kilometer (km) to the north-west of Hanoi just outside the administrative border of Greater Hanoi.1 Viet Tri has sound access to various transport modes. Three rivers (Red River, Da River, and Lo River) meet at Viet Tri where they merge into Red River flowing to Hanoi. The city is located on the railway and expressway connecting the Noi Bai international airport and Lao Cai, a border town with People’s Republic of China. Distance from the Noi Bai international airport to Viet Tri is about 50 km. Strategic planning and investments in public infrastructure development and municipal service improvement is 1 Administrative area of Hanoi was substantially expanded to include the entire Ha Tay Province and Me Linh District of Vinh Phuc Province. 7 inevitable for Viet Tri to grow as a regional logistics hub to serve for efficient distribution of goods. Project components for Viet Tri City include the following: (i) Viet Tri urban roads. The project will complete the western part of the city ring road from the northern dyke road to the southern dyke road which accounts for about one-third of the total ring road, and build a new road from the Noi Bai-Lao Cai expressway to the city center. The new and improved roads will improve connections between the Noi Bai–Lao Cai expressway, Thuy Van Industrial Zone, and city center, as well as reduce traffic congestions in the central area by diverting the traffic from the National Road 2 to the city ring road. This component will include (a) Phu Dong Road (4.1 km connecting Noi Bai–Lao Cai expressway with the city center), (b) north-west section of the city ring road (4.4 km of Truong Chinh Road from the northern dyke road to Thuy Van Industrial Zone through Phu Dong Road), and (c) south-west section of the city ring road (6.5 km from Thuy Van Industrial Zone to the southern dyke). Overall, the proposed roads are intended to provide improved network and facility to facilitate mobility and access to basic resources. (ii) Viet Tri solid waste management. The project will provide fleet and equipment for solid waste collection and transfer. This component will help expand the coverage of solid waste collection from households and transport them to the dump site by increasing the current collection volume of 120 tons/day to 150 tons/day. 23. Land acquisition for the project in Viet Tri will only be required for the road components. The solid waste management component will be limited to the provision of equipment and capacity development with no impacts on land. Solid waste disposal will rely on existing landfills which are not associated with the project. 24. The dimensions and land requirements for the urban road components in Viet Tri are presented below: (i) VT1 Phu Dong Road This road aims to connect the urban areas to Noi Bai-Lao Cai Expressway. The road is currently under construction requiring additional financing for its development. Total length of road from connection with Truong Chinh Road to PPC road is 3.6 km with 2x3 lanes, including a pavement and middle road up to 60 m (map 1). A portion of the road (0.5 km) from PPC road is also under construction which is included in the proposal. The road is four lanes, having a width of 50 m (map 3). (ii) VT2 Truong Chin Road VT2a Phu Dong road –National Dyke The first section connects Phu Dong Road to National Dyke. Total length is 1.1 km with 2x3 lanes, 60 m wide with middle strip and pavement (map 1). VT2b Phu Dong Road to NR2 8 The second section connects Phu Dong Road to NR2 (Thuy Van Industrial Park. Total length is 3.3 km comprising of 2x2 lanes with middle strip. Total width is 50 m (map 2). (iii) VT3: Thuy Van Industrial Zone VT3a New road-NR2 This is a new road that will connect to NR2/Thuy Van Industrial Zone to facilitate easy mobility and access to industrial areas. Total length is 1.9 km with 2x2 lanes without middle strip. Width is 40 m (map 4). VT3b Thuy Van Industrial Zone and bridge within Thuy Van Industrial Zone This road will connect Thuy Van Industrial Zone and bridge. Total length is 2.0 km, 2x2 lanes without middle strip. Total width is 40 m (map 4). VT3c Thuy Van Industrial Zone: Connection from Thuy Van to southern dyke. This road is a 2.6 km road with 2x2 lanes without middle strip. Width is 40 m (map 4). 25. A total of 732,000 m2 of land will be required for the sub projects. Of this, 241,000 m2 belong to Phu Dong road, 231,000 m2 belong to Truong Chinh road and 260,000 m2 to Thuy Van road. An aggregate area of 443,515.65 m2 belongs to private land. The remaining 246,366.65 m2 belong to public land comprising of irrigation, road and agricultural land. Table II.1: Land Requirements for Viet Tri Components Length Width 2 Code Subproject/Commune (km) (m) Total (m ) VT1 Phu Dong Road 241,000 VT1a Phu Dong Road 3.6 60 216,000 VT1b Additional road 0.5 50 25,000 VT2 Truong Chin Rd 231,000 VT2 a First Section 1.1 60 66,000 VT2b Second Section 3.3 50 165,000 VT3 Thuy Van Industrial Zone 260,000 VT3a Thuy Van Industrial Zone–NR2 1.9 40 76,000 VT3b Thuy Van Industrial Zone/bridge-Industrial Zone 2.0 40 80,000 VT3c Thuy Van Industrial Zone–South Dyke 2.6 40 104,000 Total Viet Tri 15.0 732,000 2 km = kilometer, m = meter, m = square meter, VT = Viet Tri. 26. Typical cross sections of the proposed roads are presented in Figures 1 to 4. MAP 1. Sub-component VT1/VT2 first sections – Urban road Cross section used for estimate of the land acquisition required – 60m width shared out into: o 2x14.75m carriage way o 2x6m pavement o 6.5m middle strip o 2x6m earth filling Figure 1: Typical Cross Section VT1/VT2 first sections 9 MAP 2. Sub-component VT2 second sections – Urban road Cross section used for estimate of the land acquisition required – 50 m width shared out into: o 2x1 m carriage way o 2x6 m pavement o 4 m middle strip o 2x6 m earth filling Figure 2: Typical Cross Section VT2 second section MAP 3. Sub-component VT1 second section – Urban road Cross section used for estimate of the land acquisition required – 50,0m (49.7m rounded) width shared out into: o 2x1 m carriage way o 2x6 m pavement o 2x12 m (2x11.9m rounded) earth filling including buffer zone for extension of carriage way and pavement (urban area) Figure 3: Typical Cross Section VT1 second section 11 12 MAP 4. Sub-component VT3– Urban road Cross section used for estimate of the land acquisition required – 40 m (39.7m rounded) width shared out into: o 16 m carriage way o 2x5 m pavement o 2x7 m (2x6.9 rounded) earth filling including buffer zone for extension of the carriage way (industrial area) Figure 4: Typical Cross Section VT3 13 B. Minimizing Involuntary Resettlement 27. Efforts to minimize displacement were carefully considered in the alignment selection for the proposed roads. For example, in Truong Chinh road, the original design proposed by the PMU for the expansion of Truong Chinh Road would cause the physical displacement of over 50 households. An alternative alignment option (Annex 1.1) was explored to minimize resettlement by deviating towards the south. However, an assessment with the ADB on this design showed that such an alternative alignment would affect a high voltage transmitter as well as adversely impact the overall aesthetics of the area. In addition, even if fewer households would be resettled with the proposed alternative design, the overall land acquisition as well as project costs would be significantly greater due to the additional road length that would be needed in order to connect the road with the city ring road. Likewise, from an urban system point of view, any alternative route is unsatisfactory compared to the one proposed by the CPC. Thus, the original design of the PMU was kept. 28. Alternative options and alignments to minimize resettlement impacts were likewise examined for the other proposed roads such as Phu Dong Road and Thuy Van Road. However, no viable alternative routes could be identified that would cause less resettlement impacts. 29. During detailed design and prior to finalizing the updated resettlement plan, the alignments and road designs will be further reviewed to ensure an optimum balance between viable project design and minimized resettlement impacts. The detailed design activities will be particularly pertinent in terms of defining the final width of the road cross section and corridor of impact as width of the road foundation will be heavily dependent on the final height required for the road. C. Background to the Preparation of the Resettlement Plan 30. The social assessment undertaken revealed that there are families, establishments and productive land that will be affected by the proposed urban road. The policies of both the Government and ADB require that for development project involving resettlement, a draft resettlement plan is to be prepared at the feasibility stage (or project preparation stage) which is to be updated at the detailed design stage prior to implementation. 31. This draft resettlement plan iterates the physical and socio-economic impacts resulting from the proposed land acquisition and presents mitigation measures to restore, if not improve, the material conditions and standards of livings of those affected as well as provide a means for their meaningful consultation and participation in the process. 32. The draft resettlement plan draws on the following bases of policies and legislation as well as sources of information: (i) Government’s policies on land acquisition and compensation; (ii) ADB’s Safeguard Policy Statement (SPS, 2009) and other related policies; (iii) Socioeconomic Survey (SES) of Affected Families, February 2011; (iv) Inventory of Losses (IOL), February 2011; (v) Results of consultations and focus group discussions. 14 III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Methodology 33. An IOL and census was conducted over the period 10–12 March 2011 to identify the magnitude of resettlement impacts simultaneously with a SES. The IOL obtained information on names of displaced peoples and all assets that are within the corridor of impact including productive and residential land, housing structures, business establishments, crops and other secondary structures (fences, wells, etc.). 34. Several methods were used to obtain the IOL. The basis of the IOL methodology was to overlay the project design drawings over local cadastral maps followed by visual surveys and measurement of the affected areas. An IOL survey questionnaire (Appendix 2.2) was conducted with each affected household (100% sample) for the wastewater and university road components. A master list of affected households and inventory of lost assets is presented as a separate volume accompanying this document (Appendix 2.3). 35. Information gathered through the IOL and SES were encoded, entered into electronic storage and analysed using social statistical software from which a data base on the IOL was produced. B. Summary of Land Acquisition and Resettlement Impacts 36. The IOL revealed that an estimated total of 1,723 households will be displaced by the land acquisition of the project. A total of 116 households will experience the loss of house structures (either fully or partially) and a total of 184 households will lose residential land. Of those losing housing and residential land, a total of 55 will be required to relocate. While the others affected by loss of housing/residential land will have remaining viable land upon which to rebuild of repair their affected residences. There is a total of 891 households who will experience loss of privately owned productive agricultural land only. An estimated 648 households will be displaced from a portion of commune owned agricultural land which most lease from the Commune People’s Committee on a long term basis. Table III.1: Involuntary Resettlement Impacts on Affected Displaced People’s Households Displaced People’s Households From Leased Agricultural Land Losing Owned by Affected Required Losing Privately-Owned Commune Houses to Residential Agricultural People’s Component (partial/full) Relocate Land Land Only Committee Total Truong Chinh 94 48 155 280 157 592 Phu Dong 22 7 29 491 168 688 Thuy Van 0 0 0 120 323 443 Total 116 55 184 891 648 1723 C. Impact on land 37. The total land requirement for the project is 732,000 m2. Of this, 443,515 m2 (61% of total) is privately owned land and 288,485 m2 is publically owned land. The publically owned land consists of 42,119 m2 public easements for irrigation and roads, and 246,367 m2 of 15 agricultural land which is under use as agricultural cooperative land. Of the total 443,515 m2 of affected private land, 195,666 (44%) belongs to displaced people in the Troung Chinh road area, 196,090 m2 (44%) belongs to those residing in the Phu Dong road area, and 51,758 m2 (12%) belongs to those in the Thuy Van Road area . A summary of impacts on public and private land by component is present in Table III.2 below. Table III.2: Summary Impacts on Private and Public Land by Component 2 Affected Affected Public Land (m ) Required Private Land Total Affected Irrigation and Agricultural 2 2 Sub project Land (m ) (m ) Public Land roads Land Viet Tri 732,000 443,514 288,485 42,118 246,366 Truong Chinh Road 231,000 195,666 35,334 15,302 20,031 Phu Dong Road 241,000 196,090 44,909 26,816 18,093 Thuy Van Rd 260,000 51,758 208,242 0 208,242 2 m = square meter. Note: Required Land =Affected Private Land + Total Affected Public Land; Total Affected Public Land = Irrigation & Roads + Agricultural Land D. Impacts on Agricultural/Productive Land 38. The overwhelming majority of affected private land is annual cropping land (principally paddy), followed by residential land, and aquaculture land. Less than 4% is classed as production forest or perennial (orchard) land. The affected private land by category is presented in the table below. Table III.3: Categories of Impacted Privately Owned Land by Component and Location Annual Component and Ward/ Cropping Aqua- Commune Residential (Paddy) culture Forest Perennial Total Truong Chinh Road Subtotal 53,698.9 102,349.9 23,391.8 13,799.1 2,426.0 195,665.7 Van Phu 5,238.8 655.1 58,93.9 Kim Duc 20,942.7 11,267.0 1,852.0 34,061.7 Phuong Lau 22,717.2 77,758.6 23,391.8 3,068.5 574.0 127,510.1 Hung Lo 4,800.2 12,669.2 0.0 10,730.6 28,200.0 Phu Dong Road Subtotal 23,094.8 164,636.2 8,359.6 196,090.6 Duu Lao 22,962.2 58,702.2 8,359.6 90,024.0 Phung Lao 132.6 105,934.0 106,066.6 Thuy Van Road Subtotal 0.0 51,758.0 51,758.0 Total Viet Tri 76,793.7 318,744.1 31,751.4 13,799.1 2,426.3 443,514.6 Percentage 17.0 71.0 9.0 3.0 1.0 1,000.0 39. A total of 891 households will be affected by the loss of productive land. Affected productive land comprises mainly annual cropping land/paddy with an aggregate area of 318,744 m2 and land used for aquaculture measuring 31,751 m2. Annual crops of various types (principally paddy and corn) are the primary sources for food and income of the majority of these households. 40. Examining the distribution of severity of loss of productive land, it can be observed that overall more than half of displaced people’s households who will lose productive land will not experience a severe loss – that is 54% will lose less than 10% of their farming land. Having said this, there another two comments worthy of note. First, Thuy Van ward will see 83% of its displaced people’s households experiencing severe loss of more than 10% of their productive land holdings. Second, the commune with largest number of displaced people’s households 16 losing productive land is Phung Lao commune where 323 households will be impacted by the land acquisition for Phu Dong road. Similarly, displaced peoples living in Phung Lao Commune will loss of another source for income and food with the loss of 31,751 m2 of land utilized for aquaculture. The distribution of severity of loss of productive land is presented in Table III.4 below. Table III.4: Distribution of Severity of Loss of Privately Owned Productive Land House- Impact on Agricultural Land Holdings Component/ Commune holds <10% >10% 10%–30% 31%–50% 51%–70% >70% Trường Chinh road subtotal 280 171 22 74 7 1 5 Percentage 100 61 8 26 3 0 2 Vân Phú ward 1 1 - - - - - Kim Đức commune 78 57 5 12 3 1 - Hùng Lô commune 44 10 2 31 - - 1 Phượng Lâu commune 157 103 15 30 3 2 4 Phù Đổng road subtotal 491 292 53 119 17 - 10 Percentage 100 59 11 24 3 0 2 Dữu Lâu ward 168 116 24 18 6 - 4 Phượng Lâu commune 323 176 29 101 11 - 6 Thụy Vân road subtotal 120 20 29 44 25 2 - Percentage 100 17 24 37 21 2 0 Thụy Vân ward 120 20 29 44 25 2 Grand Total 891 483 104 237 49 3 15 Percentage 100 54 12 27 5 0 2 E. Impacts on Public Land 41. A total of 288,485.35 m2 of public land will be affected by the project (refer to Table III.2) About 42,118.7m2 of this are used for irrigation and roads. The State administers right of way of road and irrigation. The remaining 246,366.65m2 is agricultural land belonging to the government and leased to individual households for farming. (Refer to section I: Impact on Communal Resources, for further discussion on this.) F. Impacts on Residential Land and Houses 42. A total of 184 households will be displaced as a result of the acquisition of 76,794m2 of residential land. Of this number 55 displaced people’s households will be fully affected with the loss of 100% of their residential land, requiring resettlement. The majority (28 displaced people) of displaced people’s households required to relocate are residing in Van Phu Ward of Truong Chinh Road component. 43. There are 129 displaced peoples whose residential land will be partially affected. These displaced peoples have still remaining land viable for residential use. The viability of land for residential land is set at 40m2 according to government regulations. Table III.5: Impacts on Residential Land by Commune Households Losing Residential Land Fully Remaining Viable Area of Affected 2 Commune Total Affected Residential Land Residential Land (m ) Van Phu 52 28 24 5,239 Kim Duc 44 7 37 20,943 Phuong Lau 36 2 34 22,717 Hung Lo 23 11 12 4,800 17 Households Losing Residential Land Fully Remaining Viable Area of Affected 2 Commune Total Affected Residential Land Residential Land (m ) Phu Dong 0 Duu Lau 28 7 21 22,962 Phuong Lau 1 0 1 133 Thuy Van 0 0 0 Total 184 55 129 76,794 2 m = square meter. 44. A total of 116 residential houses will be affected as a result of acquisition of the land upon which they are built. There are only two categories of affected house structures, which are category 3 (with structures made of mixture of concrete and brick, wall brick, medium quality materials) and category 4 (brick/wood structure, tile/fibrocement proof, low quality materials). Category 4 (lower standard permanent structures) has a total aggregate area of 5,251m 2 belonging to 75 households. Affected category 3 houses have a total area of 4,194m 2 belonging to 41 households. Of these affected houses 55 will be fully affected along with their residential land and will require relocation. A summary of the expected impacts on houses are presented in the table below. Table III.6: Impacts on Residential Houses by Location, Category and Households Affected House Structures Category 4 Category 3 Total Fully Area House- House- 2 2 Commune/Ward Number Affected (m ) holds Area (m ) holds Subtotal Truong Chinh Road 94 48 4011 56 3724 38 Van Phu 44 28 1061 14 2794 30 Kim Duc 24 7 1280 20 480 4 Phuong Lau 14 2 710 10 450 4 Hung Lo 12 11 960 12 0 0 Subtotal Phu Dong Road 22 1240 19 470 3 Duu Lao 22 7 1240 19 470 3 Phung Lao 0 0 0 0 Subtotal Thuy Van road 0 0 0 0 Total 116 55 5251 75 4194 41 2 m = square meter. G. Impacts on Secondary Structures 45. The IOL collected information on expected impacts on secondary structures including detached toilets, detached kitchens, yards (brick and cement paved), walls (fences) and wells. The information is summarized in the table below. Table III.7: Impacts on Secondary Structures by Component and Location Component and Toilets, Brickyard Cement Wall Well 2 2 2 2 2 Ward/Commune kitchen (m ) (m ) yard (m ) (m ) (m ) Truong Chin Road Subtotal 1,643 2,322 291 2,228 27 Van Phu 130 592 217 768 5 Kim Duc 520 360 20 580 11 Phuong Lau 268 780 54 500 8 Hung Lo 725 590 0 380 3 Phu Dong Road Subtotal 623 760 40 640 11 Duu Lao 623 760 40 640 11 Phung Lao 0 0 0 0 0 18 Component and Toilets, Brickyard Cement Wall Well 2 2 2 2 2 Ward/Commune kitchen (m ) (m ) yard (m ) (m ) (m ) Thuy Van Road Subtotal 0 0 0 0 0 Total 2,266 3,082 331 2,868 38 2 m = square meter. H. Impacts on Businesses 46. No commercial businesses (including informal sector/non-registered commercial operators) were identified by the IOL as being adversely affected by the Project. I. Impacts on Communal Resources 47. The majority of the acquired government land in urban road component is land owned by the respective local ward/commune People’s Committee and leased to local households for agricultural purposes. The total anticipated losss of commune owned agricultural land is 24.6 hectares (ha). This is effectively a communal resource which will have an impact on the income sources for households living within the commune. 48. The Project’s overall impact on commune owned agricultural land in the seven wards/communes traversed by the three roads one percent. The seven Project-affected wards/communes have a commune owned agricultural land totalling 2,348 ha. However, only in three of the Project wards/communes is such land affected (Phuong Lau, Duu Lau and Thuy Van). At the project level, the loss of commune owned agricultural land is 1%. The largest impact is experienced in Thuy Van Commune. Table III.8: Project Level Impact on Commune Owned Land Leased for Agricultural Production Total Affected Area Overall Project Total Commune Commune Owned Impact on Commune Component and Ward/ Owned Land Leased Land Leased for Owned Agricultural Commune for Agriculture (ha) Agriculture (ha) Land (%) Truong Chinh Road Van Phu 502.5 Kim Duc 760.0 Phuong Lau 281.0 2.0 Hung Lo 105.7 Truong Chinh Road Subtotal 1,649.2 2.0 0.1 Phu Dong Road Duu Lao 253.5 Phung Lao Phu Dong Road Subtotal 253.5 1.8 0.7 Thuy Van Road Thuy Van 445.6 20.8 Thuy Van Road Subtotal 445.6 20.8 4.7 Project Total 2,348.3 24.6 1.0 ha = hectare 49. The impacts of the loss of commune owned agricultural land is presented in the table below. Phuong Lau and Duu Lau Communes will experience less than 1% of their commune owned agricultural land while Thuy Van will experience almost 5% loss. A total of 648 households are expected to be affected. The average losses are 108 m2 (Duu Lau); 128m2 (Phuong Lau); and 645m2 (Thuy Van). The individual labor of the vast majority of the affected 19 households is fully engaged in agriculture. Based on consultation with the affected local People’s Committees, only around 5% of affected households have labor engaged in non- farming activities. Table III.9: Impact of Loss of Commune Owned Land Leased for Agricultural Production by Affected Ward/Commune Displaced Total Affected % of People Ave Area Ward/ Commune Commune Affected Affected Affected 2 Component Commune Land Land Land (HH) (m ) Truong Chinh Road Phuong Lau 281.0 2.0 0.7 157 128 Subtotal Phu Dong Road Duu Lao 253.5 1.8 0.7 168 108 SubTotal Thuy Van Road Thuy Van 445.6 20.8 4.7 323 645 Subtotal Project Total 980.1 24.6 2.5 648 2 HH = household, m = square meter. 50. In addition for compensation for losses of any investments, improvements, standing crops, lost income and remaining unutilized leases, such losses experienced by affected households will require mitigation through the resettlement plan’s income restoration strategy. IV. SOCIOECONOMIC INFORMATION AND PROFILE A. Background to the Socioeconomic Survey (SES) 51. Socioeconomic information of the displaced people’s households was obtained through the conduct of an SES. The SES utilized a questionnaire administered to 304 displaced people’s households. (Please refer to Appendix 2.1 Socioeconomic survey Questionnaire). With a total displaced people’s household population of 1,075, this represents a 28% survey sample of the affected population. The survey respondents were interviewed personally by enumerators. The survey respondents were typically the official household head or otherwise another designated adult household member, such as spouse, who could provide the relevant information on behalf of the family. This section presents the baseline information on the socioeconomic status of affected households of the road subprojects in Viet Tri City obtained from the household SES. B. Household Demographics 52. A total of 1,075 households are expected to be either physically and/or economically displaced by the project components in Viet Tri. The survey sample presented a total population of 1,390 household members indicating an average household size of 4.6 persons per household. This is a typical household size for rural areas in northern Vietnam. Table IV.1: Sample Household Size per Commune Total No. of Average household displace people’s Household size (respondents/ Commune HHs per commune Respondents Persons persons) Duu Lao 196 72 360 5.0 Phuong Lau 517 67 340 5.1 Van Phu 53 47 190 4.0 20 Total No. of Average household displace people’s Household size (respondents/ Commune HHs per commune Respondents Persons persons) Kim duc 122 51 207 4.1 Hung Lo 67 57 243 4.3 Thuy Van 120 10 50 5.0 Total 1,075 304 1,390 4.6 HH = households 53. The percentage of female household respondents ranged from 0%–45% with an average of 33%. The proportion of female household members ranged from 47%–54% with an average of 52%. This is an expected sex distribution. Table IV.2: Sex Disaggregated Household Demographics Respondents Household Members Commune Total Male Female % Female Total Male Female % Female Duu Lao 72 43 29 40 360 164 196 54 Phuong Lau 67 42 25 37 340 171 169 50 Van Phu 47 26 21 45 190 92 98 52 Kim duc 51 31 20 39 207 97 98 47 Hung Lo 57 51 6 11 243 119 124 51 Thuy Van 10 10 0 0 50 24 26 52 Total 304 203 101 33 1,390 667 723 52 C. Livelihood and Income 54. There are 851 household members engaged in remunerated work, representing 61% of the total sample household population. Thuy Van has the highest proportion of household members working (66%) while Phuong Lau has the lowest (56%). It is worthy of note that Thuy Van has also the highest proportion of female household members who are engaged in remunerated work (55%). The participation of men and women in the workforce is otherwise almost of equal proportion with an average of 51% of women engaged in remunerated work. Table IV.3: Sex Disaggregated Data of Engagement in Remunerated Work HH Members Engaged in Sex Disaggregation of HH Remunerated Work Members Working Total Sample Total HH As % Total Household Members Sample HH % Commune Members Working Members Male Female Female Duu Lao 360 225 63 110 115 51 Phuong Lau 340 190 56 93 97 51 Van Phu 190 122 64 64 58 48 Kim duc 207 131 63 65 66 50 Hung Lo 243 150 62 72 78 52 Thuy Van 50 33 66 15 18 55 Total 1,390 851 61 419 432 51 HH = household. 55. An understanding on the type of work of displaced peoples is important in order to address changes in livelihood that may occur as a result of displacement or changes in job resulting from land acquisition. Occupations of 851 working members are varied. The majority 487 (47.6%) are engaged in agricultural related work, followed by waged employment 284 (29.0%). The rests are spread among other types of work including hired labor (8.5%) 21 construction worker (2.5%); business, (2.8%) services (2.3%) and other miscellaneous jobs (5.6%). Farming is dominant in the communes of Phung Lau and Hung Lo with over 60% of working members being farmers. Table IV.4: Remunerated Work by Category and Location Waged Agricul- Cons- Hired Employ- Location ture truction Business Services labor ment Others Total Dữu Lâu ward 132 8 12 5 22 38 13 230 Percentage (%) 57 4 5 2 10 16 6 100 Phượng Lâu 146 2 1 8 22 54 5 238 Percentage (%) 61 1 1 3 9 23 2 100 Vân Phú 0 1 1 4 5 110 14 135 Percentage (%) 1 1 3 4 81 10 100 Kim Đức 62 10 4 4 13 41 7 141 Percentage (%) 44 7 3 3 9 29 5 100 Hùng Lô 112 9 3 16 32 12 184 Percentage (%) 61 5 2 9 17 6 100 Thụy Vân 15 3 3 9 3 33 Percentage (%) 46 9 9 27 9 100 Total 467 24 27 22 81 284 54 851 Percentage (%) 49 2 3 2 8 30 6 100 56. Table IV.5 presents household members participation in remunerated work by working status (full time, part time or unemployed) disaggregated by sex and location. The information was compiled from those respondents who provided this information. The data shows that overall around 90% of those engaged in remunerated work are working full time, with around 10% working part time or seasonally with a negligible number reporting to be unemployed. The distribution by sex is proportionate. Table IV.5: Participation in Remunerated Work by Working Status, Sex and Location Working Part-time/ Working Full-time Seasonal Unemployed Commune / Ward Σ Male Female Σ Male Female Σ Male Female Dữu Lâu 185 91 94 23 13 10 0 0 0 Phượng Lâu 164 80 84 14 6 8 0 0 0 Vân Phú 104 54 50 4 2 2 0 0 0 Kim Đức 102 53 49 16 5 11 2 0 2 Hùng Lô 119 59 60 18 8 10 1 1 0 Thụy Vân 21 11 10 7 3 4 0 0 0 Total 695 348 347 82 37 45 3 1 2 Working Status as % 89 11 0 Total Working Status by Sex 50 50 45 55 33 67 57. The poverty line applicable in the project area is based on the criteria defined by the Ministry of Labour, War Invalids and Social Affairs (MOLISA). The poverty line is typically reviewed every five years and was most recently reviewed and updated in 2010. The current poverty line is defined as households having an average monthly per capita income of less than VND 400,000 for rural areas and less than VND 500,000 for urban areas. In addition to the poverty line, there is also a category of “near poor” which is defined as households with average per capita incomes below VND 520,000 and VND 650,000 for rural and urban areas, respectively. The most recent official household survey conducted in the project area took place 22 during the period October–November 2010. 58. The SES obtained data on household per capita incomes based on the respondent’s declaration as well as the results of the recent official survey for which poor households were given official cards. Accordingly, the survey revealed that 18 households (6% of total sample) fall below the official poverty line and that 116 households (38% of survey sample) fall within the “near poor” category. These latter families are also considered vulnerable as it may be possible for them to fall back below the poverty line is they experience disruptions to their meagre incomes. On the other hand, there are about 169 (55.8%) households whose per capita income is over VND 500,000–VND 1 million per month. These households belong to “average” (28.4) and “non-poor” (27.4), where the majority are from the communes of Van Phu, Hung Lo, Phuong Lau and Duu Lau. Table IV.6: Household Monthly Per Capita Income Rangers <VND VND 401,000– VND 521.000– 400,000 VND 520,000 VND 1 million >VND 1 million Commune/ward (poor) (nearing poor) (Average) (non-poor) Hùng Lô 2 30 20 5 Kim Đức 8 9 18 16 Phượng Lâu 5 29 18 15 Thụy Vân 0 5 5 0 Dữu Lâu ward 2 40 19 10 Vân Phú ward 1 3 6 37 Total 18 116 86 83 Percentage 6 38 28 27 Table IV.7: Sanitation (% of Households) Type of Sanitation Total Dữu Lâu Phương Lâu Vân Phú Kim Đức Hùng Lô Thụy Vân Pit latrine 53.0 34.7 62.7 14.9 74.5 73.7 70.0 Toilet in house 34.5 51.4 14.9 85.1 11.8 15.8 30.0 Other 12.5 13.9 22.4 13.7 10.5 Table IV.8: Energy for Lighting and Cooking (% Households) Energy Source Dữu Lâu Phương Lâu Vân Phú Kim Đức Hùng Lô Thụy Vân Network Electricity 100 100 100 100 100 100 Firewood 93 97 23 92 88 70 Charcoal 11 1 13 4 5 Gas 42 24 100 12 37 60 Table IV.9: Water sources for Drinking and Cooking (% Households) Dữu Phương Vân Kim Hùng Thụy Water Source Total Lâu Lâu Phú Đức Lô Vân Dug Well water 58 53 100 13 98 7 100 Drilled well water 1 3 Bought water 0 1 Piped water system 50 51 6 100 22 93 Total Surveyed Affected Households 304 72 67 47 51 57 10 59. The housing standard is one indicator of economic status of households as this indicates the capacity of households to invest in housing. Based on the data from the IOL, 75 households (64% of those with affected houses) have category 4 houses (lower standard permanent structures) with an aggregate area of 5,251m2 equating to an average of 70m2 per household. There are 41 households (36% of those with affected houses) with Category 3 houses (higher 23 standard of permanent house structure) with an aggregate area of 4,194m2 equating to an average of 102m2. Table IV.10: Affected Residential Structures by Category Commune/ Category 4 Category 3 2 2 Sub Project Ward Area (m ) No. of HHs Area (m ) No. of HHs Truong Chinh 4,011 56 3,724 38 Van Phu 1,061 14 2,794 30 Kim Duc 1,280 20 480 4 Phuong Lau 710 10 450 4 Hung Lo 960 12 0 0 Phu Dong Road 1,240 19 470 3 Duu Lao 1,240 19 470 3 Phung Lao 0 0 Thuy Van Road Thuy Van 0 0 Total 5,251 75 4,194 41 Percentage (%) 70 30 2 HH = household; m = square meter. D. Education 60. In terms of education, the survey results indicate that there is generally high percentage of household members who have attended formal education. Of the 1,239 household members, the majority (42.20%) have at least reached high school. This figure is consistent in all communes. About 36.2% members have reached secondary school and 11.2% primary school. Only 8.9% has at least reached college. A very small number is reported being illiterate (1.5%). 42.2% 45 36.2% 40 35 30 25 20 11.2% 15 8.9% 10 1.5% 5 0 Illiterate Primary Secondary High School College Figure 5: Education Attainment of Household Members 61. The SES collected information on the numbers of individuals in the age group 16–24 years in full time education. The age group is older than the compulsory age for school attendance and can be used as a proxy indicator for household wellbeing and interest in investing in their children’s education as well as attitudes towards investment in education by gender. The data reveals that overall approximately equal attention is given to girls’ education as boys in the post compulsory school age. There is a range of 42%–80% in female school 24 attendance in this age group. Given the relatively small population sample size for this age group it is difficult to draw conclusions over the variation. However, worthy of note is that Thuy Van in the location of an industrial zone which is likely to have a positive relation to high proportions of female school attendance as process industries in Vietnam tend to prefer female workers. The SES does did not collect information on total numbers of individuals in this age group but expect that this information will nevertheless provided a meaningful contribution to subsequent socioeconomic monitoring and evaluation activities in the Project. Table IV.11: Individuals 16–24 years of Age in Full Time Education Commune/Ward Male Female Total % Female Dữu Lâu 6 11 17 65 Phượng Lâu 7 5 12 42 Vân Phú 8 6 14 43 Kim Đức 7 4 11 36 Hùng Lô 4 8 12 67 Thụy Vân 1 4 5 80 Total 33 38 71 54 E. Project Impact on Livelihood 62. The acquisition of 350,495 m2 of productive/agricultural land (crops and aquaculture) will have an impact on the current economic activity of the 408 displaced people’s households losing more than 10% of their productive land, resulting to a potential loss of income derived from land. This number represents 46% of those losing productive land. These displaced peoples are dependent on land as for their main source of income. Land is basically planted with various crops like corn and rice which is used for household consumption as well as for sale, which contributes in augmenting household income. There is risk of decrease in income as well as food supply of households (Table IV.12). 63. In terms of impact in livelihood, households engaged in agriculture or faming (48.7%) are expected to be severely impacted, which has an overall impact on change of livelihood for 37 households losing over 50% of land. Also significantly affected are displaced peoples engaged in daily labor on an occasional basis to supplement farm income (i.e. as a secondary income source) The consultation confirms that displaced peoples engaged in farming their own land as a primary income source generally are also engaged in daily labor on other people’s farms during periods of low labor demand on their own farms to supplement their primary incomes. However, the long term nature of the impacts on daily labor is likely to depend on the communities into which displaced peoples relocate. 64. Waged employment (29.6%), while being one of the larger type of work does not present significant impact as their work continues to remain. (please refer to Table IV.4 for further details on types of livelihoods.) Table IV.12: Distribution of Severity of Loss of Privately Owned Productive Land Impact on Agricultural Land Holdings Component/Commune HHs <10% >10% 10%–30% 31%–50% 51%–70% >70% Trường Chinh road subtotal 280 171 22 74 7 1 5 Percentage 100 61 8 26 3 0 2 Vân Phú ward 1 1 - - - - - Kim Đức commune 78 57 5 12 3 1 - Hùng Lô commune 44 10 2 31 - - 1 Phượng Lâu commune 157 103 15 30 3 2 4 25 Impact on Agricultural Land Holdings Component/Commune HHs <10% >10% 10%–30% 31%–50% 51%–70% >70% Phù Đổng road subtotal 491 292 53 119 17 - 10 Percentage 100 59 11 24 3 0 2 Dữu Lâu ward 168 116 24 18 6 - 4 Phượng Lâu commune 323 176 29 101 11 - 6 Thụy Vân road subtotal 120 20 29 44 25 2 - Percentage 100 17 24 37 21 2 0 Thụy Vân ward 120 20 29 44 25 2 Grand Total 891 483 104 237 49 3 15 Percentage 100 54 12 27 5 0 2 65. The impacts of the loss of commune owned agricultural land is presented in Table IV.13. Phuong Lau and Duu Lau Communes will experience less than 1% of their commune-owned agricultural land, while Thuy Van will experience almost 5% loss. A total of 648 households are expected to be affected. The average losses are 108m2 (Duu Lau); 128m2 (Phuong Lau); and 645m2 (Thuy Van). The individual labor of the vast majority of the affected households is fully engaged in agriculture. Based on consultation with the affected local People’s Committees, only around 5% of affected households have labor engaged in non-farming activities. Table IV.13: Impact of Loss of Commune Owned Land Leased for Agricultural Production by Affected Ward/Commune Affected Commune Displaced Total Affected Owned People Ave. Area Ward/ Commune Commune Agricultural Affected Affected 2 Component Commune Land (ha) Land (ha) Land Area (HHs) (m ) Truong Chinh Phuong Lau 281.0 2.0 0.7 157 128 Road Subtotal Phu Dong Road Duu Lao 253.5 1.8 0.7 168 108 Subtotal Thuy Van Road Thuy Van 445.6 20.8 4.7 323 645 Subtotal Project Total 980.1 24.6 2.5 648 2 ha = hectare, HH = households, m = square meter. F. Vulnerable Households 66. Based on the results of the survey sample it is expected that 6% of the displaced people’s households fall below the poverty line and another 38% are near poor, being also susceptible to changes in their living conditions. Thus the survey concludes that 44% of the displaced people’s households will require special assistance due to their low income levels. 67. Households headed by women were not identified as part of the survey process. Accordingly the preparation of the updated resettlement plan will need to include fields in the survey forms to identify households headed by women. Households headed by women are particularly vulnerable groups and may experience hardships disproportionally to other households as a result of either relocation or impacts on livelihood sources. In particular the measures to arrange resettlement should take note of women headed household’s typical greater reliance on localized social networks for their welfare and functioning of the household. All efforts should be made to relocate households headed by women close to their social/kin networks as well as invest effort in social integration activities as part of the program of resettlement to stream line affected households into their new environment. 26 68. No ethnic minorities are included amongst the list of vulnerable displaced peoples. G. Issues and concerns on Resettlement 69. Several issues were raised during the consultations held in various communes in Viet Tri. Primary concerns include the following below. Details on specific concerns are found in the Minutes of consultation (Appendix 2.4). (i) Compensation cost of land (ii) Loss of productive land leading to possible change of livelihood (iii) No skills for alternate job (iv) No land to buy another land (v) Difficulty in resettlement due to changes in environment, living condition, etc. (vi) Delay in implementation (vii) Relocated twice already due to projects (viii) Not following government policy on resettlement V. PARTICIPATORY COMMUNICATION PROCESS A. Objectives and Principles 70. The stakeholder communication policy is based on the principles of transparency, timeliness, participation, meaningful engagement, and inclusiveness. Means of communication and consultation are to promote participation of those who may otherwise tend to be marginalized such as women, elderly, and the poor. Stakeholder communication will encompass institutional stakeholders, communities within the project area, and persons directly affected by the project. 71. Participation of stakeholders is essential to reach the objectives of the resettlement policy. Under the Vietnamese Law, Decree 84/2007/ND-CP, it is necessary to write to the communes and inform them of likely impacts from the scheme on environmental and resettlement issues, and request their response. ADB’s SPS likewise requires meaningful consultation of stakeholders to involve them in the resettlement process. 72. Communities and affected individuals will be meaningfully consulted on all project activities which affect them. Such consultation shall take place as early as possible in the project and be ongoing, continuing throughout the project cycle. Consultations will be timely with information provided when the feedback of consultations could be incorporated in to design features or mitigation measures and prior to commencement of any project activity. Consultation will include information on project objectives and policies; project technical design; implementation activities and schedules; potential and actual impacts and risks such as environmental, resettlement, livelihood, access restrictions, HIV/AIDS transmission, and human trafficking along with mitigation measures; benefit and opportunities; institutional arrangements; grievance redress mechanisms; and the results of project monitoring and evaluation. All significant communications will be recorded2 and stakeholders will have the opportunity to present questions, opinions and suggestions. 2 Significant consultations will typically be recorded in writing (such as minutes) and with the informed consent of those participating. 27 B. Identification of Project Stakeholders 73. Institutional stakeholders include (i) government agencies responsible for the design, management, and implementation of the project; and (ii) state institutions, civil society (CBOs and mass organizations), and private sector institutions whose mandates share an interest with the outcomes and/or impacts of the project. 74. Communities within the project area as well as individuals directly affected by the project have a natural vested interest in the effectiveness of project design and implementation as well as mitigation of negative impacts and maximization of project benefits and are primary stakeholders. 75. In the context of this resettlement plan the primary stakeholders are the displaced persons and any host communities to which those physically displaced may relocated to. C. Information to be Provided to Displaced Persons and Affected Communities 76. Information to be provided to displaced persons and affected communities shall include the following: (i) Project details, including purpose, benefits, physical description, implementation arrangement and schedules. (ii) Project implementation arrangements, including institutional framework, contact points, and implementation schedules. (iii) Project impacts and risks, including land acquisition, loss of other physical assets, restrictions on land use and access (temporary and permanent), impacts on livelihoods, as well as other social impacts/risks (road safety, HIV/AIDS, human trafficking, etc.). (iv) Project mitigation measures, including compensation, transitional assistance, income restoration measures, resettlement options, other social impact mitigation measures. (v) Information and consultation measures, including communication plan, rights and processes for inquiry and grievance redress, and contact persons to obtain information. (vi) Disclosure of draft and updated resettlement plans. (vii) Periodic reports of the resettlement external monitoring agency. D. Means of Implementing the Communication Strategy 77. The means of implementing the communication strategy shall include the following: (i) Public meetings with affected communities. (ii) Group meetings with all displaced people’s households. (iii) Both spouses heading displaced people’s households shall be formally invited to attend consultation and information dissemination sessions. The Women’s Union is to encourage active participation of women displaced peoples and arrange separate meetings with affected women as needed. (iv) Information sessions will be conducted by the PMU, Resettlement Committee and Ward/Commune People’s Committees with support from the Project Management Assistant Consultants. Relevant mass organizations relevant to the needs of the affected people are to actively attend. Such mass organizations 28 would include agencies such as the Women’s Union, Farmers’ Union, Fatherland Front and Youth Union. (v) Particular attention will be paid to ensure the participation of the vulnerable or otherwise those at risk of marginalization. The location as well as timing of consultation meetings will be arranged to foster attendance and cause least disruption to displaced peoples work and family care responsibilities. (vi) All consultation and disclosure activities will be properly documented. All minutes of meetings and attendance sheets will be prepared and recorded. Comments of participants will likewise be recorded in the minutes (with their informed consent). E. Specific Consultation Matters 78. Participants in consultation meetings are to be given the opportunity to raise comments and present questions. In the context of the resettlement plan displaced peoples are to be actively consulted on the following: (i) Resettlement preferences, including resettlement site selection and design; (ii) Special resettlement needs of vulnerable persons such as households headed by women, elderly residing alone, persons with disabilities. (iii) Income restoration measures, including types of mode of training delivery, and other measures deemed appropriate and/or viable. Income restoration measures are to be suitable to the capacity, needs and interests of those affected. F. Consultation Activities Undertaken during Preparation of the resettlement plan 79. Consultation during the preparation of the draft resettlement plan included two rounds of stakeholders’ consultation: (i) during project scoping where information of the project was disseminated in all affected communes, (ii) during the resettlement planning and validation of study results, and (iii) during disclosure of draft resettlement plan 80. Community participation started with data collection which served as baseline information on project affected households. Various approaches were utilized in gathering qualitative and quantitative data which include the following (i) key informants interview with the City, Provincial and District local heads and affected families; (ii) household survey (20%) of project affected households. Collected information was analysed and processed which formed the benchmark for resettlement planning. 81. The first consultation on subprojects of Viet Tri, was conducted on 5 January 2011 at the Peoples Committee Office, designed as a cluster meeting of representatives from affected communes. The objectives were to: (i) inform the communities about the proposed project; (ii) obtain people’s views and comments on project impacts and risks; and (iii) get people’s recommendation to improve the project design. This was participated by affected households, PMU, and other representatives from government and private sectors. The second consultation (8–16 March 2011) was conducted in the communes where the displaced peoples are residing (see Annex 2.4). This was undertaken during the period when the SES and IOL were conducted. The majority of affected households participated in these consultation meetings. The approach involved open and participatory method intended to provide a forum for communities and affected persons to give their perceptions, comments, project impacts or risks and 29 recommendations on their specific concerns. 82. The second consultation was conducted to discuss in detail relocation issues and concerns with displaced peoples. 83. Attendance at the consultation meetings is presented below. Table V.1: Attendance at Displaced People Consultation Meetings, March 2011 Commune/Ward Date Male Female Total Dữu Lâu 8/03/2011 am and 9/03/2011 pm 40 44 84 Percentage 48 52 100 Phượng Lâu 12/03/2011 am and 10/03/2011 pm 44 37 81 Percentage 54 46 100 Vân Phú 10/03/2011 am 29 19 48 Percentage 60 40 100 Kim Đức 11/03/2011 pm 21 17 38 Percentage 55 45 100 Hùng Lô 11/03/2011 am 28 22 50 Percentage 56 44 100 Thụy Vân 16/03/2011 am 10 6 16 Percentage 63 37 100 G. Summary of Issues and Concerns 84. The consultations results documented the following issues. (i) Compensation: Rates on compensation was perceived as low especially valuation on agricultural land. (ii) Alternative Income: There is willingness to learn new skills to replace farming. However, there are concerns on whether they can get a job on the new trade. (iii) Resettlement: There is available site in Viet Tri which people can relocate, there is concern however on the current condition of the site and on affordability. The site is not yet developed. (iv) Attitude towards the project: Overall, there is positive attitude towards the project and high level of acceptability as benefits expected are wide ranging. The improvement on the road is very much appreciated to facilitate easy mobility and accessibility for children to go to school. It is expected to contribute to the improvement on foot paths as well improvement on aesthetics and environment. 85. Displaced people attending the meetings rated their support for the project as set out below while noting at the same time their concerns presented above. Table V.2: Displaced People Level of Support for the Project (Individual Attendees) Highly No opinion / Commune/Ward Approve Approve Undecided Disapprove Dữu Lâu 84 Phượng Lâu 81 Vân Phú 48 Kim Đức 38 30 Highly No opinion / Commune/Ward Approve Approve Undecided Disapprove Hùng Lô 50 Thụy Vân 16 H. Disclosure of the Draft Resettlement Plan 86. The draft resettlement plan was disclosed to all displaced peoples by way of a PIB disseminated to affected persons in the project areas in July 2011. The PIB presents salient information about the Project, anticipated impacts, as well as planned mitigation measures. A copy of the PIB is in Appendix 2.6. The PIB has also been posted in an accessible public place. A translated copy of the draft resettlement plan will also be provided to each commune/ward People’s Committee. A translated copy of the draft resettlement plan will be provided to each commune/ward People’s Committee. Following ADB’s concurrence the draft resettlement plan will also be uploaded on ADB’s website (www.adb.org). I. Disclosure of the Updated Resettlement Plan 87. Disclosure of the draft updated resettlement plan to displaced peoples will be carried out by the resettlement committee prior to finalization of the updated resettlement plan. Following ADB’s concurrence to the updated resettlement plan the resettlement plan will be formally disclosed by way of PIB, distribution of translated resettlement plans to each ward/commune People’s Committee Office and uploading of the resettlement plan on ADB’s website as well as the executing agency’s project website (as established). The translated version of the resettlement plan distributed to the local People’s Committee offices shall be accessible to affected persons. The information brochure will be distributed to all displaced peoples with general contents including: (i) project profile, (ii) project impacts, (iii) compensation and entitlements, (iv) grievance redress mechanism, and (v) resettlement procedures, timing of payments and schedule. Resettlement monitoring reports will also be made available to displaced peoples and will be uploaded on ADB’s website. J. Planned Consultation and Disclosure Measures 88. Planned consultation activities and disclosure measures are summarized in the Table IV.3. 31 Table V.3: Planned Consultation Activities Disclosure Measures Issue Target Audience Means of Communication Responsible Timing Resettlement Issues Project design, objectives, policy, Communities in the Public consultation meetings PMU, PSC, local Early in each phase of implementation arrangements, project area authorities Project preparation; likely impacts and planned Project detailed design mitigation measures Results of land acquisition and Affected households Public consultation meetings at PMU, PSC, local Soon after completion of resettlement surveys, mitigation convenient locations authorities resettlement surveys (DMS) options, anticipated schedules Planned resettlement plan Affected households Public consultation meetings at Resettlement Prior to finalization of mitigation measures, including convenient locations Committee, PMU, PSC, updated resettlement plan compensation rates and local authorities entitlement matrix Income restoration activities Affected individuals Various -including public meetings, Resettlement Periodic as needed to focus group discussions and Committee, Women’s commence after completion individual consultations Union local authorities, of DMS. PSC, DOLISA, private industries Disclosure of draft and updated Affected PIB, translated resettlement plan PMU with support of Upon receipt of concurrence resettlement plan households; publically accessible in local PSC. Disseminated by by ADB People’s Committee Office, local authorities Communities in uploaded on ADB website and/or project areas. executing agency website. Implementation schedule of Affected households Public consultation meetings Resettlement Ongoing prior to resettlement plan and civil works Committee, PMU, local implementation and upon authorities significant change in implementation schedule. Disclosure of periodic External Displaced people’s Public meetings translated report External Monitor Upon completion of periodic Resettlement Monitoring Reports representatives, publically accessible in local monitoring reports local authorities, People’s Committee Office, mass organizations uploaded on ADB website and/or executing agency website. Other Social Impact Issues Implementation schedule, Communities in the Public information meetings, IEC PMU, local authorities, Ongoing during restricted access, disruptions, project area. materials, public announcements in PSC, HAPP/HTPP implementation. hazards, opportunities for project local communities. service provider, works work, road safety, HIV/AIDS and contractor trafficking. ADB = Asian Development Bank, DMS = details management survey, DOLISA = Department of Labour, Invalids, and Social Affairs, IEC = information, education and communication , PIB = public information booklet, PMU = project management unit, HAPP/HTPP = HIV/AIDS and Human Trafficking Prevention Programs, project management unit, PSC = project supervision consultants. 32 VI. GRIEVANCE REDRESS MECHANISMS 89. This section presents information and arrangement for addressing conflicts and appeal procedures regarding eligibility and entitlements as well as the implementation of the resettlement activities. 90. A well-defined grievance redress and resolution mechanism will be established to address displaced people grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. All displaced peoples will be made fully aware of their rights, and the detailed procedures for filing grievances and an appeal process will be publicised through an effective public information campaign. The grievance redress mechanism and appeal procedures will also be explained in the PIB that will be distributed to all displaced peoples. 91. Displaced people (including either spouse heading an affected household) are entitled to lodge complaints regarding any aspect of the land acquisition and resettlement requirements such as, entitlements, rates and payment and procedures for resettlement and income restoration programs. Displaced people’s complaints can be made verbally or in written form. In the case of verbal complaints, the Committee on Grievance will be responsible to make a written record during the first meeting with the displaced people. 92. For the purposes of grievance redress and resolution, the respective PMUs shall also serve as grievance officers. The designated commune officials shall exercise all efforts to settle displaced people issues at the commune level through appropriate community consultation. All meetings shall be recorded by the resettlement committees and copies shall l be provided to displaced peoples. A copy of the minutes of meetings and actions undertaken shall be provided to PMU and ADB upon request. 93. The procedures for grievance redress are set out below. (i) Stage 1: Complaints from displaced peoples for the first time shall be lodged verbally or in written form with the Commune or DPC. The complaint shall be discussed in an informal meeting with the displaced people and the Commune or DPC It will be the responsibility of the Commune or DPC to resolve the issue within 15 days from the date the complaint is received. All meetings shall be recorded and copies of the minutes of meetings will be provided to displaced people. (ii) Stage 2: If no understanding or amicable solution can be reached or if no response is received from Commune or DPC within 15 days of registering the complaint, the displaced people can elevate the case to the City Resettlement Committee (CRC). The displaced people must lodge the complaint within 30 days of registering the complaint and must produce documents that support his/her claim. The CRC is expected to respond within 1 month upon receiving the appeal. (iii) Stage 3: If the displaced people are not satisfied with the decision of the CRC or in the absence of any response, the displaced people can appeal to the PPC. The PPC will review and issue a decision on the appeal within 30 days from the day it is received. 33 (iv) Stage 4: If the displaced people are still not satisfied with the decision of the PPC, or in the absence of any response within the stipulated time, the displaced people, as a last resort may submit his/her case to the court. 94. The procedure described above is consistent with the legal process for resolution of disputes in Vietnam. 95. The EMO will be responsible for checking the procedures for and resolutions of grievances and complaints. The EMO may recommend further measures to be taken to redress unresolved grievances. The PSC will provide the necessary training to improve grievance procedures and strategy for the resettlement committee staff as and when required. 96. The executing agency will shoulder all administrative and legal fees that will be incurred in the resolution of grievances and complaints if the displaced peoples win their case. Other costs incurred by legitimate complaints will also be refunded by the Project if displaced peoples win their case. 97. In cases where displaced peoples do not have the writing skills or are unable to express their grievances verbally, displaced peoples are encouraged to seek assistance from the nominated local community-based organization (CBO) such as the Women’s Union or Fatherland Front or non-government organization (NGO) or other family members, village heads or community chiefs to have their grievances recorded in writing and to have access to the DMS or other documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. Throughout the grievance redress process, the responsible committee will ensure that the concerned displaced peoples are provided with copies of complaints and decisions or resolutions reached. 98. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, displaced peoples have the right to directly discuss their concerns or problems with the ADB Southeast Asia Transport and Communication Division (SETC), Southeast Asia Department either directly (at 6 ADB Avenue, Mandaluyong City, Philippines), or through the ADB Vietnam Resident Mission. If displaced people are still not satisfied with the responses of SETC Division, they can directly contact the ADB Office of the Special Project Facilitator. VII. RESETTLEMENT POLICIES A. Government of Vietnam’s Policies on Land Acquisition and Resettlement 99. The Government has established several laws on land acquisition, resettlement and rehabilitation. Likewise, the devolution of governance to the local province and districts has empowered the provincial and district level People’s Committees to regulate and govern issues on land acquisition in their own respective areas within the framework of national legislation. These laws, together with the ADB’s Social Policy Statement shall govern the land acquisition, compensation and resettlement. In case of discrepancies between the national laws, regulations, provincial decisions and ADB’s policies and requirements, ADB’s policies and requirements will prevail, consistent with national Government Decree No. 131/2006/ND-CP. Decree 131/2006 provides that in case of “discrepancy between any provision in an international treaty on Official Development Assistance (ODA), to which the Socialist Republic of Vietnam is a signatory, and the Vietnamese Law, the provision in the international treaty on 34 ODA shall take precedence (Article 2, Item 5). The same statement was mentioned in the national Decree 197/2004/ND-CP on compensation and resettlement when the Government takes over the land for the defence, security purposes, benefits of nation and public works as well as for economic development. Decree No. 17/2003/ND-CP promulgates the regulation on the exercise of democracy in communes, including requirements for consultation with and participation of people in communes. 100. The policies of the Government on compensation, resettlement and assistance have been significantly improved from time to time; especially since the time the Land Law (2003) was passed by the National Assembly. Many Laws, Decrees, Circulars and amendments to Laws; Decrees were issued by the Government to improve the policies on land acquisition, compensation and assistance. The policies on land acquisition, compensation and assistance have also significantly improved on the standards of entitlement, compensation, income restoration as well as requirements for consultation, participation, information dissemination, monitoring and evaluation. For the projects financed by the International Banks, the Government has also approved for the required waivers to meet with the international standards on involuntary resettlement. 101. Relevant national legal instruments include: (i) Land Law 2003/QH11, providing Vietnam with a comprehensive land administration law. (ii) Decree No. 197/2004/ND-CP dated 3 December 2004, on compensation, rehabilitation and resettlement in the event of land recovery by the State, as amended by Decree No. 17/2006/ND-CP. (iii) Decree No. 17/2003/ND-CP, promulgating the regulation on the exercise of democracy in communes, including requirements for consultation with and participation of people in communes. (iv) Decrees No. 188/2004/ND-CP and 123/2007, specifying the methods for land pricing and land price frameworks in the event of land recovery by the State. (v) Decree No. 84/2007/ND-CP, dated 25 May 2007 supplementary stipulations on issue of land use rights certificate (LURC), land acquisition, land use right implementation, procedure of compensation, assistance in the event of land recovery by the state and grievance redress. (vi) Circular 116/2004/TT-BTC, 7 December 2004 guiding the implementation of Decree 197. (vii) Decree No 37/2005/ND-CP 18 March 2005, procedures for application of measures enforcing implementation of decisions on administrative violation. (viii) Decision No 74/2005/QD-TTg, 6 April 2005, on the use of land rights transferred budget, the budget from selling house, workshop and other structures when an economic unit has to relocate its office and estates and business in accordance with planning. (ix) Circular No 80/2005/TT-BTC 15 September 2005, guidelines for organization of a network for conducting statistics of and surveying, investigation of the land price in accordance with Decree No 188/2004/ND-CP (16 November 2004). (x) Decree No. 131/2006/ND-CP, on the management and use of ODA. Decree No. 131/2006/ND-CP provides that in case of “gaps between any provision in an international treaty on ODA, to which the Socialist Republic of Vietnam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item 5). 35 (xi) Decree 69/2009/ND-CP to amend for planning on land use, cost for land, land recovery, compensation and resettlement. This Decree provides higher assistance to the severely affected households, particularly to relocating households losing agricultural land. (xii) Circular 14/2009/TT-BTNMT dated 1 October 2009 guides on the details of implementing about compensation, resettlement and resettlement assistance, process of land acquisition, land allocation, leasing land. 102. Relevant provincial level instruments include: (i) Phu Tho PPC Decision No 3995/2009/QĐ – UBND, dated 19 November 2009 on "The decision to promulgate regulations on compensation, assistance and resettlement, and the order and procedures for implementation when the State acquires land in the province". B. ADB Safeguard Policy Statement 103. The ADB SPS consolidates three existing safeguard policies: involuntary resettlement (IR), indigenous peoples (IP), and environment. The objectives of the IR policy are to (i) avoid involuntary resettlement, (ii) explore alternatives to avoid, (iii) restore livelihoods and (iv) improve living standards of poor and vulnerable households. The IP policy objectives are to (i) design and implement projects that fosters full respect for IP's identity, dignity, human rights, livelihoods systems, and cultural uniqueness as defined by IP themselves and (ii) ensure that IPs receive culturally appropriate social and economic benefits, do not suffer adverse impacts as a result of projects, and can participate actively in projects that affect them. The policy on environment is discussed in a separate environment report. C. Mainstreaming Gender 104. The ADB Policy on Gender and Development (1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate in and that their needs are explicitly addressed in the decision-making process for development activities. The SPS requirements also reiterate the importance of including gender issues in the preparation of safeguards documents at all stages to ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and restoration/improvement of their livelihoods and living standards; and to ensure that women will receive project benefits. Other policies of the ADB that have bearing on resettlement planning and implementation are the Public Communications Policy (2005), and the Accountability Mechanism (2003). 105. The Government recognizes women as equal to men under the laws and constitution of Vietnam. While Government has no specific policy to promote gender issues in the country, the Vietnam Women’s Unions generally exist at every level of the government system. The following specific actions were undertaken to address gender issues during the project preparation (including preparation of the draft resettlement plan) and shall be undertaken in the remaining stages of the project. (i) During public consultation meetings, women were widely represented. Women were encouraged to articulate their needs and give comments and recommendation to improve the Project design. 36 (ii) Prior to DMS updating, an orientation shall be done to enable the DMS teams to discuss their respective tasks in relation to gender issues and concerns. (iii) During the DMS, both male and female displaced peoples will be encouraged to participate in discussions related to land acquisition and other resettlement issues. (iv) In the planning of the income restoration program, female displaced peoples shall be actively involved. Appropriate economic activities for women will be included in the program in order to avoid any marginalization of women’s contribution to the household economy. (v) For the relocating of affected households, separate discussion with women from affected households, affected households headed by women, and IP affected households shall be held to discuss and agree on their relocation. (vi) Compensation will be given to both men and women. (vii) Replacement of land will be registered in the name of both husband and wife. (viii) Disaggregated monitoring indicators by gender, ethnicity, and gender of the head of affected households that will be developed for monitoring capacity development training program, livelihood program, participation, and other resettlement activities. D. Reconciliation of Government and ADB Policy on Resettlement 106. The resettlement and compensation policies for the Socioeconomic Development Project of Viet Tri are to be in accordance with ADB requirements and laws of the Government. Under the ADB policy, the Bank’s requirements must be met with regards to involuntary resettlement as defined in the ADB SPS. 107. With the promulgation of Decrees 69/2009/ND/CP (2009) and 197/2004/ND/CP (2004) and relevant decrees stated above, the policies and practices of the Government have become more closely aligned with ADB’s social safeguards policies. Nonetheless, provisions and principles adopted in this resettlement planning document will supersede the provisions of the relevant decrees currently in force in Vietnam wherever a gap exists, as provided for under Decree 131/2006/ND-CP (2006), which regulates the management and use of official development assistance. 108. The differences between the Government’s Laws and Decrees and ADB Policy with regard to resettlement and compensation, and how to address these gaps for this Project are in Table VII.1. 109. It should also be noted that Decree 197/2004, Article 32 states that "Apart from the supports prescribed in Articles 27, 28, 29, 30 and 31 of this Decree, basing themselves on the local realities, the provincial-level People’s Committee presidents shall decide on other supporting measures to stabilise life and production of persons who have land recovered; special cases shall be submitted to the Prime Minister for decision”, therefore, if additional gaps not mentioned below are found during resettlement plan updating or implementation, the required assistance or support will be included in the updated resettlement plan. Table VII.1: Gaps between Government Legislation and ADB Policies and Gap Filling Measures Key Issues State Legislation ADB Policy Project Policy Eligibility for Decree 69/2009 Article 14(1) If persons who have Those without titles to land or Those without titles to land or compensation & land recovered by the State meet conditions any recognizable legal rights to any recognizable legal rights to assistance. related to land ownership set out in Article 8 Item land are eligible for resettlement land are eligible for 1,2,3,4,5,7,9,10,11 of Decree 197/2004, they shall assistance and compensation for resettlement assistance and Non-titled users receive compensation; if they fail to meet all loss of non-land assets. compensation for loss of non- conditions for compensation, the Peoples’ land assets. Committees of the provinces or centrally run cities Improve the standards of living shall consider providing such support. of the displaced poor and other In addition they shall receive vulnerable groups, including 20% of the value of the Decree 69/2009/ND-CP Article 24(4): Property women. acquired land at replacement attached to land which falls into one of the cases cost as per Phu Tho PPC prescribed in Clauses 4, 6, 7 and 10 of Article 38 of Decision 3995/2009. the Land Law shall not be compensated. Improve the standards of living PPC Decision 3995/2009/QD-UBND provides for of the displaced poor and other those not legally possessing land to receive vulnerable groups, including assistance equivalent to 20% of the land value. women Unregistered Decree 69/2009, Article 20(2) states only In the case of economically Those who are economically businesses. registered businesses are eligible for assistance. displaced persons, regardless of displaced, but who are not When the land used by a registered economic whether or not they are formally registered (e.g. organization, production household, business physically displaced, the unregistered businesses, household and the business and production must borrower/client will promptly employees without labor be suspended, the user shall be compensated with compensate for the loss of contracts) will be assisted as 30% (the highest) of the after tax income in one income or livelihood sources at appropriate to ensure that their year subject to average income in the last 3 full replacement cost. The income sources are restored to continuous years as certified by the tax borrower/client will also provide at least pre-project levels. department. assistance such as credit facilities, training, and Improve the standards of living employment opportunities so of the displaced poor and other that they can improve, or at least vulnerable groups, including restore, their income-earning women capacity, production levels, and standards of living to pre- displacement levels. Definition of severe/ Decree 69/2009 (Article 20(1)) state that Physical displacement from Displaced people who lose major impacts households directly engaged in agriculture losing housing, and/or loss of 10% or 30% or more of their 30% or more of their agricultural land are entitled to more of displaced people’s agricultural land will be 37 life stabilization assistance. productive assets (income provided with assistance. Key Issues State Legislation ADB Policy Project Policy 38 generating). Displace people who lose less than 30% of their agricultural land who are determined to depend heavily in agriculture and who belong to poor and vulnerable households will also be provided with additional assistance similar to those losing 30% or more of their land. Entity that conducts Provincial and cities people’s committee under Qualified and experienced A qualified appraiser will be the valuation of central authority will establish specific land prices experts will undertake the engaged to conduct acquired assets based on the principles stated in clause 1, Article valuation of acquired assets replacement cost surveys for 56, Land Law. the project which will be used as input by the Compensation Qualified organizations may provide consultancy Boards for determining on land prices (Article 57, Land Law) compensation amounts for PPC approval. ADB = Asian Development Bank, PPC = provincial people’s committee 39 E. Project Policies 110. The Project will follow the principles of ADB safeguard policy. (i) Involuntary resettlement and impacts on land, structures and other fixed assets will be minimised where possible by exploring all alternative options. (ii) Compensation will be based on the principle of replacement cost at the time of compensation. (iii) Displaced people without title or any recognisable legal rights to land are eligible for resettlement assistance and compensation for non-land assets at replacement cost. (iv) Meaningful consultation will be carried out with the displaced peoples, ethnic minority households, affected communities and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of displaced peoples and communities will be taken into account. (v) The draft, final and any updates on the resettlement plan will be disclosed to displaced peoples and ethnic minority households in a form and language(s) understandable to them prior to submission to ADB. (vi) Resettlement identification, planning and management will ensure that gender concerns are incorporated. (vii) Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as ethnic minority households, households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line. (viii) Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved. (ix) Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project. F. Principles for Valuation 111. All compensation will be based on the principle of replacement cost. The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. 112. The executing agency will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The executing agency will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account. (i) Productive Land (agricultural, aquaculture, garden and forest) based on actual current market prices that reflect recent land sales in the area, and in the absence of such recent sales, based on recent sales in comparable locations with comparable attributes, fees and taxes for LURC or in the absence of such sales, based on productive value. 40 (ii) Residential land based on actual current market prices that reflect recent land sales, and in the absence of such recent land sales, based on prices of recent sales in comparable locations with comparable attributes; fees and taxes for LURC. (iii) Houses and other related structures based on actual current market prices of materials and labor without depreciation or deduction for salvaged building materials. (iv) Annual crops equivalent to current market value of crops at the time of compensation. VIII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Entitled Persons 113. Entitled persons are those who: (i) experience physical and/or economic displacement as a result of land acquisition (either permanent or temporary) for the project; or (ii) who experience restricted land use which causes physical or economic displacement as a result of the project; and (iii) are present in the affected project area prior to the cut-off date. B. Entitlement Matrix 114. The project entitlements have been defined in accordance to the degree of various impacts which are taken from the results of the IOL and SES. These entitlements are governed by the Government’s policies and the ADB’s SPS. 115. The eligibility on entitlements applies to all persons affected by the project as a result of either land acquisition or restricted land use which are categorized in the entitlement matrix. 116. The entitlement matrix is in Table VIII.1, indicating each type of loss and degree of impact with corresponding entitlements applicable to the specific condition and impacts on displaced people. Table VIII.1: Entitlement Matrix Entitled Impact Application Compensation policy Implementation Issue Persons 1. Agricultural land 1.a. Agricultural land Loss of land for Affected (i) No compensation for land (if the land will Restore the land to its original (temporarily) project use households be returned after use); attribute before returning the (Temporary loss - whose land is (ii) Cash compensation from loss of existing land. less than one year) required for the trees and crops at replacement value); Project (iii) Cash compensation from loss of net income from subsequent crops that cannot be planted during the affected time Note: If affected for more than one year, displaced people have an option of (a) letting their land to be used temporarily under the Project, or (b) request the Project for the land to be permanently acquired and compensated at replacement value. 1.b. Agricultural land Less than 10% of Users with (i) Cash compensation for the land lost at (permanently lost) total land holdings permanent land replacement value; use right (legal (ii) Cash compensation for the existing trees or legalizable) and crops at replacement cost. Equal to or more Users with (i) Priority is given to “land-for-land” than 10% total land permanent land compensation with similar area and holdings lost. use right (legal productive capacity acceptable to or legalizable) displaced people in the same commune; or upon request of displaced people, cash compensation for the land acquired at replacement rates; (ii) Cash compensation for loss of existing crops and at replacement cost; (iii) Subsistence allowance for change of job, and, training support (see Item 6 below); 2 (iv) If the remaining area is less than 200 m , or parcel of land is no longer viable for agricultural production, the displaced people can opt to sell the remaining land for the project at replacement value; 41 Entitled 42 Impact Application Compensation policy Implementation Issue Persons (v) LURCs will be re-issued in case of area adjustment (area enlargement or reduction). Displaced (i) Compensation at replacement cost for Precise levels of entitlement people having crops and trees on productive land; for these displaced peoples temporary LURC (ii) Cash compensation at replacement cost will be determined during (lessees of for improvements to the land; preparation of the updated farming land) (iii) Cash compensation/assistance to replace resettlement plan in lost income. The amount of such consultation with affected Displaced assistance to depend on length of use persons, local PCs, PMU, people directly and severity of loss –based on average PSC (resettlement/livelihood/ farming affected productivity over three years multipled by gender specialists), land but without the time land used; Resettlement Committee, and entitlement to (iv) Entitlement to stabilization assistance – PPC. Matrix of entitlements/ LURC the level of which to depend of severity of assistance for such non-titled loss (as per Item 7 below); displaced peoples to depend Sharecroppers (v) Entitlement to participate in income on severity of impact on of affected land restoration measures sufficient to restore livelihoods/ HH incomes, long term income generating capacity; vulnerability and long term (vi) Entitlement for cash assistance for loss of income restoration needs. land occupied equivalent to 20% of land The objectives of the value at replacement cost. The details of assistance are to ensure eligibility to be determined during the maintenance of household updating of the resettlement plan. income levels as well as restore the asset base and restore/imporve income generating capacity of affected households. Restricted land use Any restriction on Persons with Compensation at replacement cost for any Official right of way/safety in road ROW/Safety land use with causes legal possession losses experienced as a direct result of zones to be applied to each Zone beyond land displacement of land within the implementation of right of way/safety zone road segment to be formally acquisition boundary. (physical or ROW/safety restrictions decided at time of detailed economic), loss of zone but outside design. Any affected property (including the land households within such right of change in land acquisition way to be included in the useability) boundary at the DMS. Restrictions on land use time of the to be publically disseminated Project cut-off in affected areas. Entitled Impact Application Compensation policy Implementation Issue Persons date. 2. Residential Land Residential land Without structures Users with (i) Cash compensation for the affected land permanently lost built thereon permanent land at replacement rates, use right (legal (ii) New LURCs will be issued in case of area or legalizable) adjustment. With structures built Users with (i) Cash compensation for the affected land thereon with permanent land at replacement cost, remaining land use right (legal (ii) New LURCs will be issued in case of area sufficient to be or legalizable) adjustment. 2 reorganized (>60m 2 for rural land, > 40m for ward and town land) Illegal users (i) No compensation for land but displaced Those who are physically (AHs with people are entitled to the rehabilitation displaced and are vulnerable houses on packages (see Item 7 below); and have no alternative land encroached land (ii) Full compensation for assets associated shall be provided with a area) to the land lost at replacement rates. resettlement plot in an appropriate location. 3. Garden, pond lost (In the same parcel of land but the land is not recognized as Residential land) Garden, pond land Fully or partially Users with (i) Compensation based on agricultural land permanently lost affected permanent land for perennial crops at replacement rate , use right (legal with additional 50% more of the cost of or legalizable) land in the area. The value should not be more than five times the quota allowed by the local officials. 4. Houses and structures lost Fully affected Legal owner (i) Cash compensated for the whole affected structure at replacement cost of materials, without deduction for depreciation or salvaged materials; (ii) Rehabilitation assistance if displaced people have to relocate or rebuild their main houses, specified in item 7 below. 43 Entitled 44 Impact Application Compensation policy Implementation Issue Persons Partially affected Legal owner (i) Compensated in cash or in kind for remaining area is still portion of affected structure at viable for use replacement cost of materials without deduction for depreciation of salvaged materials; (ii) Assistance to restore the remaining portion of structures into its original form. better. Partially affected but Legal owner Compensation in cash or in kind for the whole the remaining portion affected structure at replacement value of the is no longer viable or materials., repairable Other structures Legal owner Compensation in cash or in kind for the whole affected structure at replacement value. Graves Owner Full compensation for excavation, removal, rebury and other reasonable costs related. 5. Trees and crops Owner Cash compensation for loss of existing crops Compensation for trees affected at market prices and of trees at replacement calculated on the basis of rates. type, age, and productivity of affected trees 6. Communal Commune, (i) Restoration of affected community Compensation for communal properties village authority structures with similar or better quality; or land to be reinvested in representatives (ii) Replacement with structures in location replacement community indentified in consultation with affected owned livelihood generation communities, wards and relevant asset. Those displaced from authorities; cooperative land to receive (iii) Compensation for acquired communal priority access. (public) land at replacement cost for 80% of acquired area. 7. Rehabilitation assistance Loss of Housing Transfer and removal Displaced Transportation allowance Structure of structures people to be Transportation allowance shall be provided to relocated DPs under the following condition: (i) VND 2.2 million/HH if the distance is less than10km; (ii) VND 3.6 million/HH if the distance is from 10km to less than 50 km; (iii) VND 6.0 million/HH if the distance is over Entitled Impact Application Compensation policy Implementation Issue Persons 50km. Temporary Displaced Rental Assistance For displaced people accommodation people to be Rental allowance for 4 months based on the relocating to resettlement site, relocated following condition: the period of rental assistance (i) With land in rural area: VND 120,000/ will extended until such period member/month for 4 months that the resettlement site and (ii) With land in urban: VND 144,000/ replacement housing is member/month for 4 months completed. Self relocation Displaced Removal allowance people to be Displaced people who opt for self-relocation relocated are entitled to an additional assistance equivalent to: (i) VND 60 million if relocating outside the commune; (ii) VND 56 million if relocating within the commune. AHs of houses, Displaced Incentive and bonuses structures, people who will (i) VND 2 million/HH if house is acquired architectural works move 1 month legally; 2 before project (ii) VND 20,000/m if house is settled on implementation residential land; 2 (iii) VND 2,000/m for garden land, crop land, aquaculture land, perennial crop land and production forest land, if HHs has 50- year certificate of land use rights. 2 (iv) VND1,000/m for forest production, perennial crop land in farm management with contract to cultivate from owner of land. Stabilization Displaced Subsistence Allowance At compensation time, the rate Assistance people losing (i) Subsistence allowance of 30 kg/member, of allowance will be adjusted equal or more HHs for 6 months if not moving to a new including price slippage than 10%-70 location; agricultural land (ii) 30 kg of rice/member/household if area moving to another place for 12 months (iii) 30 kg of rice/member/HS for 18 months if moving to a difficult place 45 Displaced Subsistence allowance Productive land acquired Entitled 46 Impact Application Compensation policy Implementation Issue Persons people losing (i) Subsistence allowance of 30 kg/member, several times for government more than 70% HHs for 6 months if not moving to a new project shall be compensated of agricultural location; based on cumulative land area (ii) Subsistence allowance of 30 kg of rice/ production of total area which member/household for 12 months if shall be the basis for moving to another; calculating additional (iii) Subsistence allowance of 30 kg of rice/ allowance. member/HH for 24 months if moving to a difficult place. Livelihood Displaced (i) Cash assistance equivalent to 1.5 times Training courses will be Restoration people losing the compensated price of agricultural land developed depending on the Assistance agricultural land for whole acquired agricultural land area. requirements of APs. (legal Area for such entitlement not to exceed Maximum level of cost possession) the maximum permitted land area per entitlement per course as locality. specified in 3995/2009/QD- (ii) Vocation training within the province free UBND to be waived as needed of charge for each member of working to ensure vocational training age in the affected household. program is effective in restoring livelihoods. Displaced (i) repayment of balance of lease paid; people displaced (ii) compensation for any planted crops at from agricultural market value of mature crop; cooperative (iii) entitlement to participate in income land. restoration programs; (iv) stabilization assistance equivalent to 30kg of rice/HH member for a period of 6 months. Social support Poor and Assistance for vulnerable households vulnerable a) Affected agricultural land. displaced people Support for 3 years of land lost with crops according to severity of impact: (i) 10%–50%: VND 1.2 million/ person/year (ii) 50%–70%: VND 1.44 million/ person/year (iii) Over 70%: VND1.68 million/ person/year b) Lost Residential land Entitled Impact Application Compensation policy Implementation Issue Persons Support for a period of 3 years per person per household according to severity of impact. (i) 30%–50%: Rural area: VND 960.000/person for 3 years; Urban area: VND 1.08 million/person for 3 years; (ii) 50% to 70%: Rural areas: VND 1.08 million/person for 3 years; Urban area: VND 1.2 million/person for 3 years. (iii) Over 70% Rural area: VND 1.2 million/person for 3 year; Urban: VND 1.32 million/person for 3 years. 2 HH = household, kg = kilogram, LURC = land use rights certificate, m = square meter, km = kilometer, VND = Vietnamese dong. 47 48 IX. RESETTLEMENT IMPLEMENTATION STRATEGY 117. This chapter describes the options, strategies and steps to carry out the resettlement process. It discusses the strategies in addressing the temporary as well as unforeseen impacts that may emerge during and after resettlement. A. Options on Resettlement 118. Several options will be provided to displaced people to suit their affordability and choices. These include the following: (i) Cash Compensation Cash compensation at replacement value will be paid to displaced people who choose to resettle on their own somewhere else, or for those displaced people with affected land only. Decree No 84/2007/ND-CP (25 May 2007) governs the compensation package and eligibility for compensation. This is further supplemented by the latest Decree No 69/ND-CP (13 August 2009). In addition to cash compensation, subsidies, incentives and other support are provided to cover removal costs, temporary arrangements and loss of income. (ii) Land for land Another option is land replacement of similar type and attributes acceptable to displaced peoples. The Government’s plan for relocation of 55 affected households in the proposed road projects is in-city resettlement to avoid economic dislocation. However, the proposed resettlement site in Duu Lau ward is not yet developed. Available lots will stand ready for purchase of displaced peoples if they so decide. B. Transitional Relocation Assistance 119. Relocating displaced people shall be provided with several forms of transitional relocation assistance which include the following: (i) Transport Allowance Relocating households will receive a transport allowance for transfer to a new location. The amount of allowance depends on specified location as defined below. a. VND 2.2 million/household if the distance is less than10 km; b. VND 3.6 million/household if the distance is from 10 km to less than 50 km; c. VND 6.0 million/household if the distance is over 50 km. (ii) Stabilization allowance Displaced people will receive a stabilisation allowance to offset the disruption to income earning capacity associated with the time required to resettle in another location. The stabilisation allowance is based on the number of household members and whether the household is required to relocate to another area or can rebuild on remaining affected land. The cash allowance is equivalent to 30 49 kg of rice per household member for a period of 6 months (if relocating to another location) or 3 months (if rebuilding on the remaining portion of affected land). Table IX.1: Subsistence Allowance Rates Severity of loss on Subsistence allowance productive land (per person) Criteria >10%–30% 30 kg of rice for 6 months If not relocating 30 kg of rice for 12 months If relocating 30 kg of rice for 24 months If shifting to a difficult area >30–70% 30 kg of rice for 6 months If not relocating 30 kg of rice for 12 months If relocating 30 kg of rice for 24 months If shifting to a difficult area Over 70% 30 kg of rice for 12 months If not relocating 30 kg of rice for 24 months If relocating 30 kg of rice for 36 months If shifting to a difficult area kg = kilogram. (iii) Rental Assistance The principle of “No housing, No relocation” shall be observed, However, where it is inevitable that housing is not yet ready, rental assistance shall be provided to displaced peoples during the transitory period. C. Temporary Impacts 120. To ensure that temporary impacts during construction are minimized, if not avoided entirely, the civil works contract will include the following provisions: (i) contractor to pay rent for any land required for construction work space; (ii) to the extent possible, only unused land will be used as construction work space; and (iii) temporarily used land will be restored or improved to its pre-Project condition. The contractors will submit to the PPC the required workspace specifying the duration of use. Together with the DCR, the contractors will undertake the DMS and apply the corresponding compensation and allowances for all losses as provided in the Project Entitlement matrix. D. Unforeseen Impacts 121. Unforseen impacts will include any impacts not included or anticipated at the time of preparing the resettlement plan. Such unforseen impacts may include (but not necessarily limited to) additional displaced peoples due to change in land acquisition boundaries, displaced peoples present at the time of or prior to the cut-off date but not included in the census; additional losses of property not previously included in the DMS (but present in the effected area at the time of the DMS); restrictions on land use (such as resulting from right of way/safety zone restrictions) which were not included or anticipated at the time of the DMS. Such unanticipated impacts will be included in the resettlement plan mitigation measures and such mitigation measures are to be consistent with the principles and objectives of the resettlement plan as specified in Sections 6 and 7 above. The means of inclusion will be through either a Corrective Action Plan or Addendum to the Resettlement Plan and will require both endorsement by the executing agency and concurrence by ADB. 50 X. INCOME RESTORATION AND REHABILITATION A. Objective and Eligibility for Income Restoration Assistance 122. The objectives of the income restoration program is to restore the long term income generating capacity of affected households, to impove livelihoods of vulnerable households and to mitigate short term income losses that may be experienced through subsistance support measures. Households experiencing severe impacts on their productive assets or livelihoods will be entitled to participated in the income restoration program. The forms and levels of income restoration assistance vary and will be commensurate with the duration, level and severity of impacts on livelihoods and productive assets as well as vulnerability of the affected persons. The Project will also seek to maximize project-related work opportunities to those in the local communities, including those affected by land acquisition. Opportunities to improve the livelihoods of women will also be mainstreamed in various Project initiatives, including in the income restoration program of the resettlement plan. 123. The social survey results indicate that the most severely impacted categories on livelihood are those engaged in agriculture (83%). There are 403 households who would lose more than 10% of their productive land. These lands are primarily used for planting vegetables usually for households’ consumption and for sale to augment household income. These displaced peoples will be included in the Livelihood program, along with those losing 30%–70% of productive land. Overall, a total of 338 displaced peoples out of the 891 shall be included in the livelihood program identified in the following sub projects: Truong Chinh road 109 displaced peoples losing more than 10%–70% of productive Phu Dong Road 129 displaced peoples losing more that 10%–70% of productive land Thuy Van Road 100 displaced peoples losing more than 10%–70% of productive land 124. In addition to those losing privately owned productive land, a number of people will also experience impacts on their income earning capacities due to acquisition of community agricultural land. Such persons will also be entitled to various forms of income restoration assistance depending on the severity of impact on household livelihoods. B. Livelihood Support Intervention Measures 125. The categories of affected livelihood are identified below with appropriate income restoration measures based on the policy of Phu Tho Province specified in PPC Decision No. 3995/2009/QĐ – UBND, dated on 19 November 2009. Other measures as needed will be developed in detail during the preparation of the updated resettlement plan in consultation with affected persons, local authorities, mass organizations, resettlement committee, PMU, CPC and PPC. Specialists in the field of resettlement, livelihood development and gender will also provide support to the PMU to establish details of appropriate income restoration measures in consultation with those affected and Project stakeholders to incorporate in the updated resettlement plan. 51 Affected Livelihood Income Restoration Measures Farmers Stabilisation allowance (income support) for 6–24 months Income restoration allowance (equivalent to 1.5 times the compensation value of affected land) Vocational training entitlements (provides benefit of diversifying household income sources) Affected businesses Compensation for lost income Affected employees Compensation for 6 months lost income Vocational training assistance Other affected livelihoods Vocational training Access to finance Vulnerable persons Special assistance Vocational training Access to micro-finance Short term strategy 126. Some of the ways to enhance capacity of displaced peoples to augment income will focus on: (i) absorption of skilled family members of displaced peoples into the Project. The Project will maximize opportunities to local communities during construction and project operation. The district resettlement committee will coordinate and arrange with the Project to absorb some family members of displaced people’s households who are skilled workers for employment during construction as workers, masons or during operations, as maintenance workers; employment scheme related to demolition and relocation, food for work and sweat equity in house reconstruction. Long term strategy 127. The income restoration program will emphasize long term and sustainable livelihoods. Some options to be considered include: (i) Conduct of vocational skills training to fully avail of the job opportunities that will be generated by the project, as well as to link market demand for possible job referral and placement and requirements from nearby industrial factories. (ii) Enhancing food security program to ensure food sources and income through agro-forestry farming, a practice that PAPs are currently engaged in; (iii) Linking livelihood support with some existing social assistance of government program (Department of Labour, Invalids, and Social Affairs [DOLISA]) such as financing micro and small enterprises; (iv) Formation of cooperatives/associations as conduits of livelihood projects. Cooperatives are existing in the provinces which are vehicles for promoting economic support and continuing capital-build – up assistance. C. Agricultural Enhancement Program 128. An agricultural enhancement program will be established especially targeting farmers who remain in the project area and whose lands are partially affected. This will be implemented by the livelihood Development specialist hired by the Project. The Specialist will coordinate with institutions such as Department of Agriculture and Rural Development and tap other resources 52 that will provide support for extension programs that will enable affected farmers to increase productivity from smaller productive land areas. One such program would be the development of vegetable production for backyard gardening. Vegetable cultivation provides an opportunity to significantly increase farm profitability. The program will establish model farms in each affected commune; provide equipment for vegetable processing, training for local agricultural technicians and farmers. D. Transitional Stabilization Assistance 129. Economically displaced displaced peoples will also be provided with transitional assistance to offset potential losses in income while they make the transition to alternative livelihoods. Displaced peoples losing productive land will be provided with a stabilisation allowance in the form of a cash allowance equivalent to 30 kg of rice per household member for periods of 3–24 months based on the severity of impact and whether or not they need to relocate. Other displaced peoples experiencing loss of non-land based income sources are entitled to receive an income substitution allowance equivalent to 30% of average annual income (for businesses with tax receipts) and 6 months net wage (for affected employees). The level of assistance for businesses without tax receipts and employees without labor contracts will be based on the minimum wage. E. Skills Training Program 130. Displaced people including those losing more than 10% of productive land, relocating displaced peoples experiencing impacts on livelihoods and displaced employees will be entitled to participate in one short term vocational training courses free of charge for a limited period. The main State provider of vocational training is the Provincial DOLISA. DOLISA’s training programs consist of three main forms of vocational training consisting of (i) regular training programs at vocational training centres (short courses of up to 3 months as well as long courses of up to two years); (ii) industry specific training programs geared towards specific needs of local industries to support their recruitment intakes; and (iii) outreach rural training programs targeted to the needs and capacities of trainees in rural communities (such as cottage based livelihoods, light industry, basic mechanics, etc.). Vulnerable displaced peoples or otherwise considered in special need for livelihood restoration or development will be considered for extended training beyond the period specified above. Such will be decided on a case by case basis to be proposed by the local People’s Committee, Women’s Union, PMU and decided by the resettlement committee. F. Special Measures to Support Vulnerable Groups 131. Vulnerable displaced peoples (including those classified as poor or near poor) will be entitled to participate in the income restoration program. Such assistance may include participation in vocational training, loan assistance, and other form of support to improve their income generating capacity. XI. RESETTLEMENT BUDGET A. Resettlement Budget Estimate 132. The resettlement budget is estimated at VND 268,104,310,953 (approximately $13,405,216). The summary of resettlement cost estimates are presented in Table XI.1.The costs for resettlement include: Direct Resettlement Costs (compensation, transitional 53 allowances, income restoration assistance); Indirect Resettlement Costs (replacement cost study, EMO); Administration Costs (2% of direct resettlement costs); and Contingency Costs (10% of direct resettlement costs). The resettlement budget will be revised and updated as part of the process of updating the resettlement plan. Revision of the resettlement budget will include updating replacement cost values, revised costs based on finalized income restoration program costs and inclusion of any resettlement costs not anticipated in the preparation of the draft resettlement plan. 133. The resettlement budget prepared for the draft resettlement plan is an estimate based on estimated replacement costs for affected property at the time of preparing the draft resettlement plan. During updating of the resettlement plan, compensation rates will be regularly updated through the conduct of replacement cost survey by a qualified agency and will be reviewed and approved by the PPCs to ensure that payments to displaced people will be at replacement cost at the time of compensation. The replacement costs applied in the updated resettlement plan are to be valid for the time of payment of compensation. Should there be a significant delay between the time preparing and approving the updated resettlement plan and disbursement of compensation (3–6 months) the replacement cost study will be updated to ensure compensation rates are equivalent to replacement values. The terms of reference for the conduct of replacement cost is attached to the resettlement plan. 134. The budget for the resettlement plan will be financed by the Government. The resettlement committee will be responsible for the disbursement of the compensation, allowances and assistance funds. The resettlement budget funds will be subject to thorough fudiciary monitoring and auditing. Disbursement of entitlements to affected persons will also be closely monitored by the CPC, PMU and EMO. 135. A summary of the estimated resettlement budget is set out below. Table XI.1: Resettlement Budget Estimate Item VND $ A Direct Resettlement Costs Phu Dong Road 71,572,321,156 3,578,616 Truong Chinh Road 117,159,313,420 5,857,966 Thuy Van Road 48,415,071,632 2,420,754 Subtotal Direct Resettlement Costs 237,146,706,208 11,857,335 B Indirect Resettlement Costs External Monitoring Agency 2,000,000,000 100,000 Replacement Cost Study 500,000,000 25,000 Subtotal Indirect Resettlement Costs 2,500,000,000 125,000 C Administration Costs - Administration (2% of A) 4,742,934,124 237,147 D Contingency Costs Contingecy (10% of A) 23,714,670,621 1,185,734 E Grand Total (A+B+C+D) 268,104,310,953 13,405,216 VND = Vietnamese dong. 136. Additional resources will also be provided by the Project to prepare and implement the updated resettlement plan which are costed elsewhere in the overall Project budget. These include: 54 a. Dedicated officers within the Social and Environment Unit of the PMU including resettlement, gender and social specialists. b. Specialist consultants in the Project Supervision Assistant team including the following specialists: (i) Resettlement specialist (international 3 person-months, national 24 person-months); (ii) Social/gender/community development and livelihoods specialist (international 10 person-months, national 22 person-months); (iii) Monitoring and evaluation specialist (international 5 person-months; national 10 person-months) c. Project funded program to mobilize and provided capacity development of the Women Union to enable their effective engagement in social development activities throughout project implementation, with special emphasis on ensuring effective consultation with affected women as well as livelihood development for women displaced peoples and displaced people’s households headed by women. (Refer to the Gender Action Plan). d. Other Provincial Line Agencies and mass organizations to be mobilized in support of implementation of the Resettlement Plan (refer also to the section on Institutional Arrangements). 137. The details of the cost by Project component for Phu Dong Road, Truong Chinh Road and Thuy Van Road are presented in Tables XI.2–XI.4. TableXI.2: Direct Resettlement Cost Estimates for Phu Dong Road Component Unit Price A. PHU DONG ROAD Description Unit Quantity (VND) Amount (VND) Amount ($) 1 Compensation for land 2 1.1 Dữu Lâu ward Residential land m 22,962.20 700,000 16,073,540,000 803,677 2 Agricultural Land m 58,702.20 50,064 2,938,866,941 146,943 2 Aquaculture land m 8,359.60 35,420 296,097,032 14,805 2 1.2 Phượng Lâu ward Residential Land m 132.60 375,000 49,725,000 2,486 2 Agricultural land m 105,934.00 50,064 5,303,479,776 265,174 Subtotal Land 24,661,708,749 1,233,085 2 Compensation for Housing Structure 2 2.1 Dữu Lâu ward Level IV m 1240.00 2,250,000 2,790,000,000 139,500 2 Level III m 470.00 3,000,000 1,410,000,000 70,500 2 (Toilet, kitchen, etc.) m 623.00 7,000,000 4,361,000,000 218,050 2 2.2 Phượng Lâu ward Brick yard m 800.00 60,000 48,000,000 2,400 2 Wall m 640.00 60,000 38,400,000 1,920 2 well m 11.00 1,080,000 11,880,000 594 Subtotal Structures 8,659,280,000 432,964 3 Transitional Resettlement Assistance 3.1 Dữu Lâu ward Transport allowance Removal cost/transport relocating 7.00 5,080,000 35,560,000 1,778 HHs Rental assistance Entitlement Est per HH = relocating 7.00 2,592,000 18,144,000 907 (VND144,000/HH member HHs x 4.5 HH member x 4 months) Self-relocation Estimate based on relocating 7.00 60,000,000 420,000,000 21,000 Allowance assumption all resettled HHs HHs will self-relocate. Otherwise funds contributed to development of resettlement site. 3.2 Phượng Lâu ward 55 56 Unit Price A. PHU DONG ROAD Description Unit Quantity (VND) Amount (VND) Amount ($) Transport allowance Removal cost/transport relocating 0.00 5,080,000 HHs Rental assistance Entitlement Est per HH = relocating 0.00 2,592,000 (VND144,000/HH member HHs x 4.5HHM x 4 months) Self-relocation Est based on assumption relocating 0.00 60,000,000 Allowance all resettled HHs will self- HHs relocate. Otherwise funds contributed to devt of resettlement site. Sub-Total Transitional Resettlement Assistance 473,704,000 23,685 4 Income Restoration Assistance 4.1 Dữu Lâu ward Stablization assistance Ave estimate per person person 234.00 4,320,000 1,010,880,000 50,544 for farming households for 30kg rice/HH member x 6-36 months 2 Change of Livelihood (acquired area x m 88,053.30 50,064 4,408,300,411 220,415 Support for Lost replacement cost x 1.5) Agricultural Land 2 Change of Livelihood (acquired area x m 12,539.40 35,420 444,145,548 22,207 Support for Lost replacement cost x 1.5) Agricultural Land Vocational Farming HHs x working person 504.00 4,000,000 2,016,000,000 100,800 training/Extension est age members Assistance to displaced Estimate of compensation HHs 168.00 16,800,000,000 840,000 people displaced from for income loss and 100,000,000 Commune Owned income restoration Agricultural Land measures per household. 4.2 Phượng Lâu ward Stablization assistance Ave estimate per person persons 662.00 4,320,000 2,857,680,000 142,884 for farming households for 30kg rice/HH member x 6-36 months 2 Change of Livelihood (acquired area x m 1,860.00 50,064 93,119,040 4,656 Support for Lost Agr replacement cost x 1.5) Land Unit Price A. PHU DONG ROAD Description Unit Quantity (VND) Amount (VND) Amount ($) Vocational training Farming HHs x working person 996.00 4,000,000 3,984,000,000 199,200 age members Subtotal Income Restoration Assistance 31,614,124,999 1,580,706 5 Social Support 5.1 Duu Lau poor and near poor HH 78.00 20,250,000 1,587,600,000 79,380 households relocating or losing more than 10% productive land 5.2 Phuong Lau Ward poor and near poor HH 207.00 20,250,000 4,187,700,000 209,385 households relocating or losing more than 10% productive land Subtotal Social Support 5,775,300,000 288,765 6 Restoration Communal Resource 2 Compensation for loss of m 18,093.00 21,456 388,203,408 19,410 commune owned agricultural land. Subtotal Restoration Communal Resources 388,203,408 19,410 Grand total 71,572,321,156.00 3,578,616 2 HH = householdkg = kilograms, m = square meter, VND = Vietnamese dong. 57 58 Table XI.3: Direct Resettlement Cost Estimates – Truong Chinh Road Component TRUONG CHINH ROAD Description Unit Quantity Unit Price Amount(VND) USD 1 Compensation on land 2 Vân Phú Residential land m 5,239 1,400,000 7,334,600,000 366,730 2 Annual Cropping Land m 655 50,064 32,791,920 1,640 2 Kim Đức Residential Land m 20,943 700,000 14,660,100,000 733,005 2 Annual Cropping Land m 11,267 50,064 564,071,088 28,204 2 Wood and fuit land m 1,852 50,064 92,718,528 4,636 2 Phượng Lâu Residential land m 22,717 700,000 15,901,900,000 795,095 2 Annual Cropping Land m 77758.58 50,064 3,892,905,549 194,645 2 Acquaculture Land m 23391 35,420 828,537,556 41,427 2 Productive Forest m 3068 11,200 34,367,200 1,718 Land 2 Orchard Land m 574.03 50,064 28,738,238 1,437 2 Hùng Lô Residential Land m 4,800 700,000 3,360,000,000 168,000 2 Annual Cropping Land m 12,669 50,064 634,270,829 31,714 2 Orchard Land m 574.03 50,064 28,738,238 1,437 2 Aquaculture land m 23,392 35,420 828,544,640 41,427 2 Forest land m 13,799 11,200 154,548,800 7,727 Sub-total Compensation Land 48,376,832,586 2,418,842 2 Housing tructures /Secondary Structures 0 0 2 Van Phu Level IV m 4,011 2,250,000 9,024,750,000 451,238 2 Level III m 3,724 3,000,000 11,172,000,000 558,600 2 toilet, kitchen, cage m 1,643 7,000,000 11,501,000,000 575,050 2 Brick yard m 2,322 60,000 139,320,000 6,966 2 Cement yard m 291 19,000 5,529,000 276 2 Wall m 2,228 60,000 133,680,000 6,684 2 well m 27 1,080,000 29,160,000 1,458 Sub-total Compensation Structures 32,005,439,000 1,600,272 3 Transitional Resettlement Assistance Van Phu Transport allowance HH 28 142,240,000 7,112 Rental assistance HH 28 2,592,000 72,576,000 3,629 Self-relocation HH 28 60,000,000 1,680,000,000 84,000 allowance Kim Duc Transport allowance HH 7 5,080,000 35,560,000 1,778 Rental assistance HH 7 2,592,000 18,144,000 907 TRUONG CHINH ROAD Description Unit Quantity Unit Price Amount(VND) USD Self-relocation HH 7 60,000,000 420,000,000 21,000 allowance Phuong Lau Transport allowance 2 5,080,000 10,160,000 508 Rental assistance 2 2,592,000 5,184,000 259 Self-relocation 2 60,000,000 120,000,000 6,000 allowance Hung Lo Transport allowance HH 11 5,080,000 55,880,000 2,794 Rental assistance HH 11 2,592,000 28,512,000 1,426 Self-relocation HH 11 60,000,000 660,000,000 33,000 allowance Sub-total Transitional Resettlement Assistance 3,248,256,000 162,413 4 Income Restoration Assistance Van Phu Stablization person 0 4,320,000 0 0 assistance for farming households 2 Change of Livelihood m 982.50 50,064 49,187,880 2,459 Support for Lost Agricultural Land Vocational training/ person 0 4,000,000 0 0 Extension estimate Kim Duc Stablization person 95 4,320,000 408,240,000 20,412 assistance for farming households 2 Change of Livelihood m 16,900 50,064 846,106,632 42,305 Support for Lost Agricultural Land 2 Change of Livelihood m 2,778 50,064 139,077,792 6,954 Support for Lost Agricultural Land Vocational training/ person 63 4,000,000 252,000,000 12,600 Extension estimate Phuong Lau Stablization person 243 4,320,000 1,049,760,000 52,488 assistance for farming households 2 Change of Livelihood m 116,637 50,064 5,839,358,324 291,968 Support for Lost 59 Agricultural Land 60 TRUONG CHINH ROAD Description Unit Quantity Unit Price Amount(VND) USD 2 Change of Livelihood m 35,087 35,420 1,242,806,334 62,140 Support for Lost Agricultural Land 2 Change of Livelihood m 4,602 11,200 51,550,800 2,578 Support for Lost Agricultural Land 2 Change of Livelihood m 861 50,064 43,107,357 2,155 Support for Lost Agricultural Land Vocational training/ person 162 4,000,000 648,000,000 32,400 Extension estimate Income restoration for HH 157 100,000,000 15,700,000,000 785,000 displaced people displaced from commune owned agricultural land. Estimate of compensation for income loss and income restoration measures per household. Hung Lo Stablization person 153 4,320,000 660,960,000 33,048 assistance for farming households 2 Change of Livelihood m 19,003 50,064 951,406,243 47,570 Support for Lost Agricultural Land 2 Change of Livelihood m 861 50,064 43,107,357 2,155 Support for Lost Agricultural Land 2 Change of Livelihood m 35,088 35,420 1,242,816,960 62,141 Support for Lost Agricultural Land Vocational training/ person 102 4,000,000 408,000,000 20,400 Extension estimate Sub-total Income Restoration Assistance 29,575,485,679 1,478,774 TRUONG CHINH ROAD Description Unit Quantity Unit Price Amount(VND) USD 5 Social Support Truong Chinh Road poor and near poor HH 174 20,250,000 3,523,500,000 176,175 households relocating or losing more than 10% productive land Sub-total Social Support 3,523,500,000 176,175 6 Restoration Communal Resource 2 Compensation for loss m 20,031 21,456 429,800,155 21,490 of commune owned agricultural land. Sub-total Restoration Communal Resources 429,800,155 21,490 Grand Total 117,159,313,420 5,857,966 2 HH = household, m = square meter, VND = Vietnamese dong. 61 Table XI.4: Direct Resettlement Cost Estimates for Thuy Van Road Component 62 Unit Price A. Thuy Van Rd Description Unit Quantity (VND) Amount (VND) Amount ($) 1 Compensation on land 2 1.1 Thuy Van Annual Cropping Land m 51,758.00 50064 2,591,212,512 129,561 Subtotal Compensation Land 2,591,212,512 129,561 2 Compensation on Housing Structure 0 - 2 Thuy Van m 0 2,250,000 0 - Subtotal Structures 3 Transitional Resettlement Assistance Thuy Van 4 Income Restoration Assistance 4.1 Thuy Van Stablization assistance for Ave estimate per person for person 450 4,320,000 1,944,000,000 97,200 farming households 30kg rice/HH member x 6– 36 months 2 Change of Livelihood Support (acquired area x m 77,637 50,064 3,886,818,768 194,341 for Lost Agricultural Land replacement cost x 1.5) Vocational training/Extension Farming HHs x working age person 300 4,000,000 1,200,000,000 60,000 est members Assistance to people Estimate of compensation HHs 323 32,300,000,000 1,615,000 displaced from Commune for income loss and income 100,000,000 Owned Agricultural Land restoration measures per household. Subtotal Income Restoration Assistance 39,330,818,768 1,966,541 5 Social Support - 5.1 Thuy Van poor and near poor HH 100 20,250,000 2,025,000,000 101,250 households relocating or losing more than 10% productive land Subtotal Social Support 2,025,000,000 101,250 2 6 Restoration Communal Compensation for loss of m 208,242 21,456 4,468,040,352 223,402 Resource commune owned agricultural land. Subtotal Restoration Communal Resources 4,468,040,352 223,402 Grand total 48,415,071,632 2,420,754 2 HH = household, m = square meter, VND = Vietnamese dong. 63 XII. INSTITUTIONAL ARRANGEMENTS A. The City People’s Committee (CPC) 138. The CPC, thru the Department of Planning and Investment is the executing agency and will oversee all subproject activities including resettlement. B. Project Management Unit (PMU) 139. The PMU will provide technical assistance to the local administrative authorities, including resettlement planning and implementation. Together with the PSC, the PMU will work closely with the administrative authorities and concerned departments by providing technical plans, designs and project activities and schedule of the proposed project in order for all parties to identify and minimise the potential effects on land and people and to make sure that all resettlement plan activities are properly addressed and implemented prior to construction activities. The PMU will be responsible for internal monitoring of resettlement plan implementation and the preparation of quarterly resettlement progress reports. C. Resettlement Committee 140. A resettlement committee will be established under the PPC and/or under each People’s Committee at the level of City/District in each of the subproject areas. Details related to the establishment and composition will be determined by the CPC of Viet Tri. The role of the resettlement committee will include the following: (i) coordinate and manage resettlement activities with PMU and commune People’s Committees; (ii) verify census and oversee conduct of the DMS; (iii) carry out consultation and disclosure activities, (iv) develop and implement income restoration programs; (v) along with the relevant local administrative authorities, carry out timely delivery of compensation payment and other entitlements to affected persons; and (vi) act as members of the grievance redress committee. The resettlement committee shall be chaired by the deputy director of the relevant People’s Committee and include members of relevant provincial line agencies (such as DOLISA), mass organizations (at least the Women’s Union), PMU and representatives of affected households. D. Relevant Provincial Government Line Agencies 141. Certain Provincial Government agencies will assist in the updating and implementation of the resettlement plan as well as participate in the resettlement committee as needed. These will include: (i) DOLISA, which will support the implementation of the income restoration programs to economically displaced displaced peoples as well as extension of poverty alleviation programs to vulnerable displaced peoples; (ii) Department of Environment and Natural Resources, which will support in preparation of the updated resettlement plan; (iii) Department of Agriculture and Rural Development, which will assist in development and implementation of agricultural extension programs to affected displaced people farmers. (iv) Other government agencies as determined by the PPC to ensure effective implementation of the resettlement plan. 64 E. Local Administrative Authorities 142. The concerned local administrative authorities comprise the local Ward/Commune People’s Committees and local village/neighbourhood chiefs. They play a very important role in the planning and implementation of resettlement-related activities. Their roles and responsibilities are to: (i) Serve as members of the resettlement committee (ii) Coordinate and work closely with the concerned stakeholders in relation to the conduct of consultation, census and DMS and other resettlement-related activities; (iii) Act as grievance officers and ensure that grievance are resolved; (iv) Assist displaced peoples during the negotiation and compensation process; (v) Involve the local-based organisations to carry out the resettlement plan activities; (vi) Certify the list of displaced peoples and sign compensation documents; and (vii) Monitor and register new settlers in the area. The local authorities will be responsible for informing residents and new settlers not to construct houses/structures in the areas where there will be improvement/ construction. F. Local Mass Organisations 143. Mass organisations relevant to the various displaced people profiles, needs and impacts will participate in the development and implementation of assistance measures for displaced peoples. Mass organisations in Vietnam are types of civil society organizations/CBOs. Such organisations involved in the update and implementation of the resettlement plan would include the Fatherland Front, Women’s Union, Farmer’s Union and other relevant organisations. G. Project Supervision Consultants (PSC) 144. The PSC will include one international resettlement specialist and at least one local resettlement specialist on an intermittent basis to assist and supervise all social and resettlement-related activities. Their responsibilities include the following: (i) Work closely with the PMU, Centre for Development of Land and Housing, local authorities and resettlement committees at all levels on all resettlement-related activities; (ii) Assist in the conduct of the information campaigns and community participation; (iii) Assist in the verification of census, inventory of losses and detailed measurement survey activities; (iv) Check the accuracy of the displaced people database prepared and provide improvements if necessary; (v) Assist in the preparation of an updated resettlement plan; (vi) Assist and improve, if necessary, procedures for the coordination of resettlement and compensation activities; (vii) Ensure that grievances are addressed promptly and properly; (viii) Establish and implement liaison mechanisms to ensure proper technical and logistical support to PMU, local administrative authorities, resettlement committees and concerned government departments; (ix) Establish and implement procedures for ongoing internal monitoring; 65 (x) Design and deliver capacity development activities for all relevant agencies, as needed, in the areas of ADB resettlement policy; participation and communication; gender and development; and livelihood restoration. XIII. IMPLEMENTATION SCHEDULE 145. The procedures for phasing and transfer of displaced peoples shall follow the established provisions of the Government in accordance to Decree 69/2009/ND-CP dated 13 August 2009. Specific steps are established in Articles 27,28,29,30 and 31 of Section 4 Chapter 2 of Decree 69/2009. (1) Determine Scale of Land Upon approval of the project, the project proponent shall prepare the requirements and submit to the provinces the investment portfolio required for land acquisition. (2) Establish District Resettlement Committees- Upon receiving the documents from the Project proponent, the People’s Committee of the respective provinces shall establish district resettlement committee tasked to review the compensation measures. It is required that a Representative from the Project Proponent shall be a part of the resettlement committee (3) Establish Project Demarcation Line Upon approval of the project by the People’s committee, a boundary for land clearance will be demarcated to mark actual land to be acquired by the Project. This activity will be led the District Office of Natural Resources, Environment and Housing, and other relevant government bodies, including the Project Proponent. (4) Approval of Land Acquisition Plan Within a period of 10 days, the resettlement committee shall submit to the People’s Committee, the land acquisition plan for approval. The People’s Committee shall approve the land acquisition plan within 3 days, and establish protocol requirement and guidelines to the local district committees. An allotted time 90 days is given to notify households with affected agricultural land, and 180 days to other category of land. The notice shall be posted on public areas and written notices shall be given to displaced peoples. The resettlement committee shall conduct consultation meetings with displaced peoples to notify them of the project and make inventory of affected assets. The purpose of this meeting is to inform displaced peoples on the policies and entitlements, timeframe for implementation, responsibilities and grievance mechanisms. (5) Detailed Measurement Study A DMS will be conducted by the Project Proponent to verify and validate actual land requirement and impacts. During this activity, adjustment and necessary modification shall be done. The DMS shall commence also for resettlement plan updating to include those who were not identified during the feasibility study. During the DMS, the resettlement committee shall provide forms to displaced peoples for them to fill up, showing extent of affected land, structures and other assets. These forms shall be handed back to the resettlement committee within a period of 5 days. 66 Actual validation on the declared types of losses shall be validated by the resettlement committee and the Project proponent so that appropriate action can be immediately resolved and correct any misrepresentation on the declared lost assets. The validation shall be done within a period of 10 days and results of these will be used in the updating of the resettlement plan as well as a document for legal and monitoring purposes. (6) Disclosure of resettlement plan and Compensation Measures After the resettlement plan has been updated, the ADB shall review and approve the draft updated resettlement plan before implementation of compensation measures. ADB and the PPC will agree on the cost to ensure that replacement cost on assets have been established and given to displaced peoples. Amendment on the resettlement plan shall be undertaken to incorporate agreed cost at replacement value. Public disclosure of the resettlement plan to the public shall be undertaken to allow affected households to identify their losses and settle any dispute. The resettlement plan will be posted for 20 days in accessible areas for public viewing which include the following information: (i) Full names and addresses; (ii) type of affected land (iii) price of land (iv) entitlements and benefits (v) other forms of assistance. After disclosure of the draft resettlement plan, the resettlement committee shall document the feedback from displaced peoples and incorporate recommendations of displaced peoples to amend the compensation measures. The time allotted for review and amendment is 7 days. A second disclosure shall be done for final review of displaced peoples. This will be done in a period of 3 days. The compensation measures shall then be submitted to the displaced people’s Chairman for approval within a period of 3 days. An Entitlement Booklet specifying the compensation benefits and entitlements shall be provided to displaced people which shall serve as their legal basis for entitlement. (7) Payment of Compensation The Project Proponent shall be responsible for paying the compensation for displaced peoples in coordination with the resettlement committee. The resettlement committee shall supervise the payment and proper documentation of the payment procedures and receipts shall be done to ensure proper payment procedures. (8) Handing over of Land After payment of compensation, displaced peoples are obliged to hand over the portion of land paid to the resettlement committee. Within a period of 3 days, the resettlement committee shall formally hand over the land acquired to the Project Proponent. 67 Table XIII.1: Resettlement Activity Schedule Activity Timing Establishment of Resettlement Committee and Grievance Redress Committee (at Month 2 city/provincial level) Confirmation of alignment and land acquisition boundaries Month 6 Land acquisition demarcation Month 7 Consultations with key stakeholders, local People’s Committees and civil society Month 7 Mass Organizations. Establish Resettlement Redress Mechanism at Ward/Commune Level. Resettlement Plan Updating Review and update Entitlement Matrix Month 7 Confirmation of resettlement site preparation arrangements Month 7 Mobilization of EMA Month 7 Train resettlement staff Month 8 Engagement of EMA Month 8 Information campaigns before DMS Month 8 Conduct Census/DMS/SES Month 9 Conduct replacement cost study by qualified appraiser Month 9 Preparation of compensation plan Month 10 Conduct consultations Month 10 Update the resettlement plan document Month 11 Updated resettlement plan endorsed by executing agency and submitted to ADB for Month 12 review and concurrence ADB provides concurrence to updated resettlement plan. Updated resettlement plan Month 13 disclosed to displaced peoples and uploaded on ADB website Disbursement of compensation and assistance, as well as commencement of Month 14 income restoration strategy, Resettlement and land clearance. Month 17 ADB issues notice of “no objection” to commencement of civil works. Issuance of Month 18 notice to proceed for civil works Grievance redress mechanism operation Month 2–60 Implementation of income restoration program Month 14–60 Internal monitoring (quarterly) Month 7–60 External Monitoring (semi-annually) Month 7–60 Uploading of external monitoring reports to ADB website Month 6–60 Post-resettlement evaluation by External Monitor Month 60 ADB = Asian development Bank, DMS = detailed measurement survey, EMA = external monitoring agency, SES = socioeconomic survey XIV. MONITORING AND REPORTING A. Internal Monitoring 146. The executing agency is directly responsible for internal monitoring of resettlement plan implementation. In particular, the executing agency with assistance from the PSC will supervise and manage monitoring of resettlement activities and implementation arrangements. 147. The executing agency will provide quarterly reports to ADB. The executing agency will ensure that the reports of the PSCs include in their progress reports, the status of the resettlement plan implementation, information on location and numbers of people affected, compensation amounts paid by item, and assistance provided to displaced peoples. 68 148. The ADB will also monitor these activities in its regular supervision missions during the period of project implementation. 149. The objectives of the monitoring program are (i) to ensure that the standard of living of displaced peoples are restored or improved; (ii) to monitor whether the overall project and resettlement objectives are being met; (iii) to assess if rehabilitation measures and compensation are sufficient; (iv) to identify problems and risks; and (v) to identify measures to mitigate problems. 150. The range of activities and issues that need to be recorded and verified, include: (i) Compensation, allowance payments and delivery of assistance measures; (ii) Re-establishment of displaced people settlements and business enterprises; (iii) Reaction of displaced peoples, in particular, to resettlement and compensation packages; and (iv) Re-establishment of income levels. 1. Internal Monitoring Indicators 151. The principal indicators for internal monitoring of resettlement activities include the following: (i) Timely and complete disbursement of compensation to displaced peoples according to the compensation policy agreed in the resettlement plan; (ii) Timely and complete delivery of relocation, income restoration and rehabilitation allowances and measures; (iii) Allocation of replacement land and development of individual and/or group resettlement sites and infrastructure; (iv) Public information dissemination and consultation procedures; (v) Adherence to grievance procedures and identification of outstanding issues that require further attention and resolution; (vi) Attention given to the priorities of displaced peoples regarding the options offered; (vii) Completion of resettlement activities required before the award of civil works contracts. 2. Internal Monitoring Data Collection and Report 152. The executing agency will establish a database for resettlement monitoring data. It will establish procedures for the collection of data on a monthly basis, and update the database. 153. On a quarterly basis, the executing agency will prepare a resettlement monitoring report. The report will be submitted to the Project Director, executing agency/PMU, for approval and, following, to ADB. The report will summarise progress on resettlement activities and will notify ADB of approval by the executing agency of any changes, as required, to the implementation of the resettlement plan. The scope of the report will include: (i) The number of displaced peoples by category of impact, district, commune and village, and the status of compensation payments, displaced people relocation and income restoration measures for each category. (ii) The status of disbursement of cash and allocation of replacement land and housing. 69 (iii) The amount of funds allocated and disbursed for (a) resettlement program operations, and (b) compensation, assistance and resettlement activities. (iv) The activities, levels of participation, outcomes and issues of the Information Dissemination and Consultation Program. (v) The status and outcomes of complaints and grievances and any outstanding issues requiring further attention by provincial or district authorities, or ADB assistance. (vi) Implementation problems, including delays, lack of personnel or capacity, insufficient funds, etc.; proposed remedial measures; and, revised resettlement implementation schedule. B. External Monitoring and Evaluation 154. The project will establish a program for external monitoring and evaluation with the following objectives: (i) To verify that the resettlement program has been implemented in an accurate and timely manner, in accordance with the approved Final resettlement plan and Project policies and objectives. (ii) To assess whether and to what degree the resettlement program has achieved the Project objectives, namely that displaced peoples are able to restore their livelihoods, incomes and standards of living to levels equal to, if not better than, that which they had before the Project. (iii) To identify problems or potential problems and methods of mitigating problems in a timely manner. 155. The EMO will be recruited by the executing agency and will commence its work prior to the DMS, and will carry out independent bi-annual reviews of resettlement plan to determine whether intended goals are being achieved, and if not, what corrective actions are needed. 1. External Monitoring Objectives, Indicators and Issues 156. A part from reviewing and assessing the activities during resettlement plan updating, the general objective for external monitoring is to provide an independent periodic review and assessment of (i) the achievement of resettlement objectives, (ii) changes in living standards and livelihoods, (iii) the restoration of the economic and social conditions of the displaced peoples, (iv) the effectiveness, impact and sustainability of assistance measures, (v) the need for further mitigation measures, if any, and (vi) to identify strategic lessons for future policy formulation and planning. The table in this section presents a range of indicators to be included in the external monitoring of the resettlement program. The EMA will address specific issues including the following: (i) Payment of compensation, against the following criteria: (a) compensation in cash or in kind sufficient to replace affected land, crops and trees; (b) compensation for structures equivalent to replacement costs at current market prices for materials, materials transport and labor, with no deduction for depreciation or the value of salvageable materials; and (c) payment in full prior to land acquisition and with sufficient time to permit displaced peoples to rebuild structures and/or harvest crops. (ii) Coordination of resettlement activities with construction schedule: All compensation must be paid in full, income rehabilitation measures initiated and 70 displaced peoples relocated out of the corridor of impact prior to award of civil works contracts. Income rehabilitation activities, while initiated prior to award of civil contracts, may continue over a longer time period as needed. (iii) Provision of technical assistance for house construction for displaced peoples who are required to rebuild their houses, either on remaining land, on individual resettlement sites or on a plot in a group resettlement sites. (iv) The extent to which displaced peoples are able to restore livelihoods and living standards: The provision of technical assistance, allowances and other measures, and to what extent displaced peoples are able to restore livelihoods and living standards to pre-project levels. Special attention should be given to (a) severely affected displaced peoples and other vulnerable displaced peoples groups, (b) displaced peoples that relocate, (c) displaced peoples that must re- establish businesses and enterprises, (d) displaced peoples who undertake new economic and livelihood activities, and (e) host communities. (v) Public consultation and awareness of resettlement policies: The EMO should monitor to ensure that (a) displaced peoples are fully informed and consulted about land acquisition, leasing and relocation activities, and (b) displaced peoples and other stakeholders are aware of the compensation and entitlements policies and various options available to displaced peoples as provided in the agreed resettlement plan. The EMO should participate in at least one meeting per district of each stage of consultation and information dissemination activities to monitor public consultation procedures, problems and issues that arise during the meetings and solutions that are proposed. (vi) The level of satisfaction of displaced peoples with the provisions and implementation of the resettlement plan: This will be assessed, reviewed and recorded by the EMO, including the efficiency and equity of grievance redress mechanisms. (vii) Trends in living standards: Throughout the resettlement plan implementation process, the EMO will observe and conduct surveys to monitor the progress displaced peoples are making to restore living standards. Special attention will be paid to any differences based on gender, ethnicity or other relevant factors. Any potential problems in the restoration of living standards will be reported. 2. External Monitoring Methodologies 157. The methods for external monitoring and evaluation of land acquisition, compensation and resettlement activities include: (i) DMS and Replacement Cost Survey (RCS): The DMS and RCS data will be entered into a database to document: (a) socio-economic status of displaced peoples, (b) nature and extent of losses, and (c) entitlements for compensation and other assistance. The resulting data will be made available to the EMO, to establish a baseline for monitoring and evaluating project benefits. (ii) SES: The SES is designed to provide a clear comparison of the success and/or failure of the resettlement program to restore their livelihoods and living standards. In general, if there is a significant lag time between census and SES and actual land acquisition, demographic and socio-economic factors may change significantly. For this project, if land acquisition does not occur for at least two years after the original SES, the EMO will carry out another SES. A post resettlement survey will also be undertaken 6–12 months following completion of 71 resettlement activities. Each time the SES is conducted, the same displaced peoples will be interviewed. Special attention is to be paid to the inclusion of women, poor, landless and other vulnerable groups, with set questions for women and other target groups. The database is to disaggregate information by gender, geographic and social group. (iii) Participatory rapid appraisals (PRA) methods: In the intervals between administrations of the SES, periodic PRA methods permit the EMO to consult with various stakeholders such as local authorities, resettlement committees, implementing agencies, NGOs, community leaders and displaced peoples. PRA methods will involve obtaining information, identifying problems and finding solutions through participatory means including: (a) key informant interviews with local leaders, NGOs and resettlement committees; (b) consultations on specific topics such as compensation payment, income restoration and relocation; (c) community public meetings to discuss community losses, integration of resettled displaced peoples in host communities or construction work employment; (d) structure direct field observations, for example, of resettlement site development; (e) formal and informal interviews with displaced peoples, women, other vulnerable groups and host communities; and (f) in-depth case studies of problems as identified by internal or external monitoring and required special efforts to resolve. 3. Database Management and Storage 158. The EMO will maintain computerised resettlement databases that will be updated every six months. They will contain files on each displaced people and will be updated based on information collected on successive rounds of data collection. All monitoring databases will be fully accessible to implementing agencies and the ADB. 4. Reporting 159. Every six months, the EMO will submit an external monitoring report to the executing agency and directly to ADB. The report should summarise the findings of the EMO, including: (i) progress of resettlement plan updating and implementation, including any deviations from the provisions of the resettlement plan; (ii) identification of problem issues and recommended solutions so that implementing agencies are informed about the ongoing situation and can resolve problems in a timely manner; (iii) identification of specific issues related to vulnerable displaced peoples, as relevant; and (iv) a report on progress of the follow-up of issues and problems identified in the previous report. 160. The monitoring reports will be discussed in a meeting between the EMO, the executing agency and PMU held after submission of the reports. Necessary remedial actions will be taken and documented. Table XIV.1 Monitoring and Evaluation Indicators Type Indicator Examples of Variables Process Consultation, Number of consultation and participation programs held with various Indicator Participation stakeholders Procedures in Census and asset verification/quantification procedures in place Operation Effectiveness of compensation delivery system Number of land transfers effected 72 Type Indicator Examples of Variables Coordination between implementing agencies and other agencies Output Buildings Number, type and size of private houses/structures acquired Indicator Number, type and size of community buildings acquired Trees and Crops Number and type of private trees acquired Number and type of government/community trees acquired Number and type of crops acquired Crops destroyed by area, type and number of owners Compensation Number of households affected (land, buildings, trees, crops) and Number of owners compensated by type of loss Rehabilitation Amount compensated by type and owner Number and amount of payment paid Household compensation payments made to both male and female heads of households Number of persons with severely affected livelihoods provided with income restoration assistance; Types of livelihood restoration assistance provided by number of persons and types of livelihoods impacted; Disbursement of livelihood restoration assistance by type of assistance, types of impacted livelihoods and number of beneficiaries; Data to be disaggregated by gender Impact Restoration of Level of restoration of impacted livelihoods/income sources by Indicator Livelihoods type of impacted livelihood; Effectiveness of income restoration measures to create/restore livelihoods; Changes to Participation in community-based programs Status of Women Participation in commercial enterprises Changes in livelihood activities, income and control of self earned income Changes to School attendance rates (male/female) Status of Education achievement levels (male/female) Children Health and access to health services (vaccinations up to date, health monitoring, malnutrition rates 0-5 years.) Settlement and Growth in number and size of settlements; Population Satisfaction with resettlement site living conditions; Maintenance of establishment of new social networks; Growth in local market areas; MITIGATION OPTIONS Appendix 1 73 74 Appendix 2.1 Socioeconomic Survey Questionnaire 1. Address City/Province: District: Ward/Commune: Resident Group/Living Quarter: No. of Household Record Book: Code of Affected Household: 2. Information about Household’s Head Name: Age: Sex : 1. Male 2. Female Marital Status: 1. Married 2. Widow 3. Divorced/Separate 4. Single Ethnicity: 1. Kinh 2. Khmer 3. Chinese 4. Other _________ (specify) Name of the spouse 3. Family members Male Female Total 1 Existing members of the family 1.1 0–4 years old 1.2 5–14 years old 1.3 15–60 years old 1.4 >60 years old 2 Members currently going to schools 2.1 5–14 years old 2.2 15–24 years old 3 Employment situation of members in labor age (15 tuổi +) 3.1 Full-time job 3.2 Part-time job 3.3 Unemployed and looking for job now 3.4 Retired or unemployment and not looking for job (not co nt ng household chores) 4. The household is classified as: 1. Poor 5. Disabled 2. Nearly poor 6. Government’s beneficiaries 3. Just escaped from poverty beneficiaries 4. Single elderly 7. Other (specify) Note: Poor households are based on the classification of MOLISA. Households just escaped from poverty are the ones who were poor in the last two years. 5. Households headed by women 1. Is the household’s head a woman? (FHH) Yes / No 2. Is there any sub-household inside the big family? If yes, is it headed by Yes / No female? 3. Is the household’s female head working at the moment? Yes / No If the household’s female head is working, indicate her with the “*” Appendix 2.2 75 INVENTORY OF LOSS (IOL) – Affected Households PROVINCE DISTRICT COMMUNE/WARD NAME OF HOUSEHOLD'S HEAD CODE: Current total area of land (including other places outside project's area): 1. Resident: _____________m2 2. Agriculture: _______________m2 3. Other (specify ): ____________ m2 1. AFFECTED LAND Type Total of No affected Temporary Permanent Legitimacy Co-ordinate land of area acquired acquired Classification of land of affected use plot (m2) (m2) (m2) of land use right land (L–R ) 1 2 3 4 5 7 8 9 L __________ R _________ L __________ R _________ Note (1) Type of land: 1. Annual crops 2. Perennial trees 3. Aqua-culture 4. Intensive cultivation of crops and aqua-products 5. Forestry 6. Salt production 7. Rural residential land 8. Urban residential land (7) Location and By decision of the local government classification: (8) Legitimacy of land use 1. Legal use ( with LURC or LURC in progress)/years of use right: 2. Illegal occupied / years of use 3. Rent/years of use 4. Reclamation/years of use 2. MAIN STRUCTURES Constructed The Total Rented by HH area/quantity/ remaining 3 2 area (10 VND/month) unit (m ) Affected part can be Type of of Aim of Rental Affected used or not structure land Class using Yes VND/month Total area Directly Indirectly (Yes/ No) 1 2 3 4 5 6 7 8 10 11 12 (1) Classification 1. Class 1: Villas of main structure: 2. Class 2: Concrete floor, high quality building materials and equipment 3. Class 3: Concrete floor, medium quality building materials and equipment; 4. Class 4: Brick wall, wooden frame roof with tiles or corrugated iron 5. Temporary house: bamboo or wooden frame, corrugated iron or thatch roof 76 Appendix 2.2 2.1 Is there any house being built on the land mentioned in question 1? ? Yes ___No _____ 2.2 If Yes, please specify the number of plot: ___________ 2.3 If No, whose land is your house built on? ___________________________________ 2.4 What is your relationship with the land owner in 3.2? ______________________________ 2.5 No. of HH record book of the land owner (in 3.4) ___________ [code of AP: __________) 3. AUXILIARIES Type of Affected Part Main building How are the auxiliaries auxiliaries M2 M Quantity materials affected? structures 1 2 3 4 5 6 Type of auxiliaries: 1- eaves 5 -kiosk 9 - fence 13. Other: (specify) 2- outhouse 6 -animal breeding facilities 10- grave 3 -private latrine 7 -well 11 - septic tank/pit 4 –private kitchen 8 -concrete yard 12 - sewer 4. TREES, CROPS, AQUA PRODUCTS, AND SALT ON AFFECTED LAND Legitimacy of land use right No. Diameter/ Collaborate of productivity/ with others to Rent for plot Type Unit Quantity year/crop Owner exploit land exploitation 1 2 3 4 5 6 7 8 5. OTHER LOSS (INCLUDING INCOME) Total income TT Type of loss No. of plot/area Calculation method (103 VND)/ month) 1 Lease of house 2 Lease of shop 3 Land lease 4 Income loss from other sources (specify) Note: Appendix 2.2 77 6. BUSINESS AFFECTED BUSINESS 1. Company; 2. Stockholder; 3. Individual trade 1. Form of business : registration/ family business ; 4. No trade registration; 5. Other Yes 2. Business registration : 3. Operation period (year ) No 3. Type of business 4. After tax revenue (average) (VND/ month ) With tax receipt: Self-declaration; Other (specify) 5. Non-taxable revenue (average) (VND/ month) 1. Own ; 2. Rent (with contract); 3. Rent (no 6. Business space contract); 4. Free use 7. Area of business space m2 8. Rental (if any) (VND/month ) 9. Affected employee With labor Names of affected contract? Working Average income employees (Yes/ No) Position period* (VND/month) Time Code: 1. Full-time; 2. Part-time; 3. Seasonal; 4 Other Note (if needed): ……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………… 78 Appendix 2.2 INVENTORY OF LOSS (IOL) – Public Property PROVINCE DISTRICT COMMUNE/WARD NAME OF HOUSEHOLD'S HEAD CODE: a- Current total area of land (including other places outside project's area) : 1. Resident: _____________m2 2. Agriculture: _______________m2 3. Other (specify……………………………………….. ): ____________ m2 1. AFFECTED LAND Type Total of No affected Temporary Permanent Legitimacy Co-ordinate land of area acquired acquired Classification of land of affected use plot (m2) (m2) (m2) of land use right land (L–R ) 1 2 3 4 5 7 8 9 L __________ R _________ L __________ R _________ Note (1) Type of land: 1. Annual crops; 2. Perennial trees; 3. Aqua-culture; 4. Intensive cultivation of crops and aqua-products; 5.Forestry; 6. Salt production; 7. Rural residential land; 8. Urban residential land (7) Location and By decision of the local government classification: (8) Legitimacy of land use 1. Legal use ( with LURC or LURC in progress)/years of use; 2. Illegal right: occupied / years of use; 3. Rent/years of use; 4. Reclamation/years of use 2. MAIN STRUCTURES Constructed The Total Rented by HH area/quantity/ remaining 3 2 area (10 VND/month) unit (m ) Affected part can be Type of of Aim of Rental Affected used or not structure land Class using Yes VND/month Total area Directly Indirectly (Yes/ No) 1 2 3 4 5 6 7 8 10 11 12 (1) Classification 1. Class 1: Villas of main structure: 2. Class 2: Concrete floor, high quality building materials and equipments 3. Class 3: Concrete floor, medium quality building materials and equipments; 4. Class 4: Brick wall, wooden frame roof with tiles or corrugated iron 5. Temporary house: bamboo or wooden frame, corrugated iron or thatch roof Appendix 2.2 79 2.1 Is there any house being built on the land mentioned in question 1? ? Yes ___No _____ 2.2 If Yes, please specify the number of plot: ___________ 2.3 If No, whose land is your house built on? ___________________________________ 2.4 What is your relationship with the land owner in 3.2? ______________________________ 2.5 No. of HH record book of the land owner (in 3.4) ___________ [code of AP: __________) 3. AUXILIARIES Type of Affected Part Main building How are the auxiliaries auxiliaries M2 M Quantity materials affected? structures 1 2 3 4 5 6 Type of auxiliaries: 1- eaves 5 -kiosk 9 - fence 13. Other: (specify) 2- outhouse 6 -animal breeding 10- grave facilities 3 -private latrine 7 -well 11 - septic tank/pit 4 –private kitchen 8 -concrete yard 12 - sewer 4. TREES. CROPS, AQUA PRODUCTS, AND SALT ON AFFECTED LAND Legitimacy of land use right Diameter/ No. of Owner Collaborate Rent for Type Unit Quantity productivity/ plot with others to exploitation year/crop exploit land 1 2 3 4 5 6 7 8 5. OTHER LOSS (INCLUDING INCOME) Total income TT Type of loss No. of plot/area Calculation method ( 103 VND)/ month) 1 Lease of house 2 Lease of shop 3 Land lease 4 Income loss from other sources (specify) Note: 80 Appendix 2.2 6. BUSINESS AFFECTED BUSINESS 1. Company; 2. Stockholder; 3. Individual trade 1. Form of business : registration/ family business ; 4. No trade registration; 5. Other Yes 2. Business registration : 3. Operation period (year ) No 3. Type of business 4. After tax revenue (average) (VND/ month ) With tax receipt: Self-claimation; Other (specify) 5. Non-taxable revenue (average) (VND/ month) 1. Own ; 2. Rent (with contract); 3. Rent (no 6. Business space contract); 4. Free use 7. Area of business space m2 8. Rental (if any) (VND/month ) 9. Affected employee With labor Names of affected contract? Working Average income employees (Yes/ No) Position period* (VND/month) Time Code: 1. Full-time; 2. Part-time; 3. Seasonal; 4 Other Note (if needed): 7. OPINIONS REGARDING COMPENSATION AND RESETTLEMENT ( for households losing their land or houses) Could you please give your opinion about : 1 Compensation for land By cash �� By replacement land �� 2 Compensation for resettlement Receive payment in cash and find a place �� Receive land and built house in �� themselves resettlement area Receive land in the resettlement area and �� build the house themselves according to prescribed design. HH's Head Surveyor Land officer PC of ward/commune (or village head) (signature) (signature) (signature) (signature) Date month year ========================================================================== Appendix 2.2 81 Remarks (if any): 8. OPINIONS REGARDING COMPENSATION AND RESETTLEMENT ( for households losing their land or houses) Could you please give your opinion about : 1 Compensation for land By cash �� By replacement land �� 2 Compensation for resettlement Receive payment in cash and find a �� Receive land and built house in �� place themselves resettlement area Receive land in the resettlement area �� and build the house themselves according to prescribed design. HH's Head Surveyor Land officer PC of ward/commune (or village head) (signature) (signature) (signature) (signature) (name) (name) (name) (name) Date month year ======================================================================== Remarks (if any): 82 Appendix 2.3 MASTER LIST TRUONG CHINH ROAD Acquired Land Cost 2 Name Land Cat Total area (m ) Loss (VND) Total (VND) Nguyễn Thị Thảo Nguyên Resident 287 287.0 500,000 143,515,000 Lã Văn Việt Resident 260.3 170.3 500,000 85,170,000 Nguyễn Xuân Kỳ Resident 546.4 75.2 500,000 37,590,000 Trần Đăng Nhung Resident 182.5 10.8 500,000 5,420,000 Trần Văn Bằng Resident 310.3 10.7 500,000 5,370,000 Nguyễn Thị Phúc Resident 603 602.2 500,000 301,110,000 Nguyễn Mạnh Cờng Resident 309.2 309.2 500,000 154,605,000 Nguyễn Mạnh Hùng Resident 358.6 358.6 500,000 179,310,000 Vũ Văn Điều Resident 659.1 431.9 500,000 215,925,000 Nguyễn Văn Tuyến Resident 200.2 200.2 500,000 100,075,000 Cao Văn Dũng Resident 250.4 250.4 500,000 125,210,000 Cao Xuân Du Resident 184.5 184.5 500,000 92,270,000 Nguyễn Thị Lâm Resident 431.8 394.4 500,000 197,205,000 Resident 492.3 320.2 500,000 160,090,000 Resident 416.7 209.0 500,000 104,505,000 Trần Thanh Bích Resident 543.5 280.8 500,000 140,385,000 Trần Văn Phú Resident 233.9 130.5 500,000 65,235,000 Resident 93.1 64.7 500,000 32,345,000 Nguyễn Việt Cờng Resident 211.06 211.1 500,000 105,530,000 Cao Văn Chung Resident 236.6 197.9 500,000 98,935,000 Resident 152.6 32.4 500,000 16,190,000 Resident 811.1 54.5 500,000 27,260,000 PHU DONG Affected Land Total area Total area 2 2 Name Land cat (m ) Loss Cost Total (m ) Đỗ Tát Hùng Resident 846,8 792,80 500 000 396 400 000 Đỗ Tát Phi Resident 2389,6 1 617,00 500 000 808 500 000 Đỗ Tát Phi Resident 833,8 633,20 500 000 316 600 000 Đỗ Thị Tuyết đất nông 622,3 329,40 52,9 35 760 11 779 344 nghiệp Dơng Thị Nhâm Resident 2192,5 1 687,50 500 000 843 750 000 Lê thị Khu Resident 5064,4 2 230,70 500 000 1 115 350 000 Lê thị Khu Resident 838,5 838,50 500 000 419 250 000 Dơng Thị Liên Resident 1343,2 521,80 500 000 260 900 000 Đỗ Tất Kiên Resident 349,9 253,20 500 000 126 600 000 Triệu Xuân Long Resident 1104,6 676,70 500 000 338 350 000 Dơng Thị Thơm Resident 418,9 418,90 500 000 209 450 000 Khu Hơng Trầm Resident 2265,6 680,70 500 000 340 350 000 Nguyễn Thị Thanh Resident 1623,9 10,50 500 000 5 250 000 Trơng Thị Độ Agri Land 1606 861,00 53,6 35 760 30 789 360 Agri Land 14,10 35 760 504 216 Vũ Cát Long Resident 100 100,00 500 000 50 000 000 Nguyễn Văn Đạt Resident 1298,6 665,50 500 000 332 750 000 Bà Nguyên Sơn Agri Land 2297 338,20 14,7 35 760 12 094 032 Appendix 2.3 83 Affected Land Total area Total area 2 2 Name Land cat (m ) Loss Cost Total (m ) Agri Land 113,10 35 760 4 044 456 Dơng Văn Đức, Định Agri Land 2458,9 2 458,90 100 35 760 87 930 264 Ông Đồng Agri Land 2194,4 58,80 2,7 35 760 2 102 688 Ông Tuân Agri Land 2414,5 2 204,70 91,3 35 760 78 840 072 Đỗ Văn Ky Agri Land 1919 61,20 3,2 35 760 2 188 512 Nguyễn Thị Minh Agri Land 1080 235,00 21,8 35 760 8 403 600 Nguyễn Văn Nam Agri Land 1080 104,80 9,7 35 760 3 747 648 Vũ Thị Quỳnh Agri Land 1300 144,20 11,1 35 760 5 156 592 Nguyễn Thị Hoa Agri Land 2340 77,90 3,3 35 760 2 785 704 Nguyễn Văn Xã Agri Land 2160 263,20 12,2 35 760 9 412 032 Ông Tập Agri Land 2080 168,30 8,1 35 760 6 018 408 Nghĩa trang Quế Trạo cemetery 2814,8 756,90 35 760 27 066 744 Nguyễn văn Bắc, Bà Tý, Agri Land 7500 743,90 9,9 35 760 26 601 864 Ông Luật, Hảo Toản, Phú Đào Lê thị Hồng, ông Thơm Agri Land 2500 230,40 9,2 35 760 8 239 104 Ô Luật, Ô Thơm, ô Minh Agri Land 1828,5 1 582,60 86,6 35 760 56 593 776 Đất quy hoạch Nghĩa Agri Land 4215,2 340,20 8,1 35 760 12 165 552 trang khu Quế Chạo Nguyễn Thị Hải Agri Land 648 32,20 5,0 35 760 1 151 472 Lê Văn Hữu Agri Land 1606 1 062,60 66,2 35 760 37 998 576 Nguyễn Văn Nam, Lê Thị Agri Land 4500 999,30 22,2 35 760 35 734 968 Hồng, Hoa May, Bà Hồi, Ông Hoè Khu san ủy Agri Land 8092,4 435,50 5,4 35 760 15 573 480 Lê Văn Nhật Agri Land 800 195,60 24,5 35 760 6 994 656 Bà Viên Agri Land 1310 120,80 9,2 35 760 4 319 808 Ô Thế Agri Land 1440 472,60 32,8 35 760 16 900 176 Lê Thị Hồi Agri Land 3600 433,50 12,0 35 760 15 501 960 Nguyễn Thị Giới, Agri Land 1800 129,70 7,2 35 760 4 638 072 Nguyễn Văn Tuân Agri Land 1121 46,30 4,1 35 760 1 655 688 Nguyễn Xuân Thuỷ Agri Land 700 3,70 0,5 35 760 132 312 Nguyễn Thị Hảo Agri Land 3240 37,30 1,2 35 760 1 333 848 Vĩnh Niệm, Dơng Thị Resident 1193,8 1 064,30 500 000 532 150 000 Bích Nhạ Trơng Thị Triều Resident 3181,9 2 178,10 500 000 1 089 050 000 Nguyễn Văn T Agri Land 1800 263,50 14,6 35 760 9 422 760 Nguyễn Viết Vơng Agri Land 612 49,10 8,0 35 760 1 755 816 Nguyễn Thị Quỳ Agri Land 1080 250,20 23,2 35 760 8 947 152 Nguyễn Văn Nam, Lê Agri Land 2 611,50 2 611,50 35 760 93 387 240 Văn Thể, Nguyễn Thị Nhể, Nguyễn Thị Hiệp, Nguyễn Thị Hoa, Nguyễn Thị Giới, Nguyễn Văn Quảng Nguyễn Thị Loan Agri Land 1800 708,00 39,3 35 760 25 318 080 Đỗ Văn Lục Agri Land 1697 20,40 1,2 35 760 729 504 Nguyễn Văn Quyền Agri Land 720 162,40 22,6 35 760 5 807 424 Lê Văn Vinh Agri Land 2160 707,20 32,7 35 760 25 289 472 Lê Công Anh Agri Land 1440 67,50 4,7 35 760 2 413 800 Nguyễn Thị Quyền Agri Land 900 37,90 4,2 35 760 1 355 304 84 Appendix 2.3 Affected Land Total area Total area 2 2 Name Land cat (m ) Loss Cost Total (m ) Nguyễn Thị Hà Agri Land 2154 154,10 7,2 35 760 5 510 616 Nguyễn Văn Quảng Agri Land 1800 424,00 23,6 35 760 15 162 240 Lê Thị Nến Agri Land 1470 330,80 22,5 35 760 11 829 408 Nguyễn Thị Lý Agri Land 1800 228,40 12,7 35 760 8 167 584 Lê Công Trí Agri Land 400 248,20 62,1 35 760 8 875 632 Lê Thị Hơng Agri Land 360 24,20 6,7 35 760 865 392 Lê Thị Tiệp Agri Land 450 70,80 15,7 35 760 2 531 808 Đinh Xuân Bờng Resident 1624,2 1 281,30 500 000 640 650 000 Đỗ Thị Y Resident 1990,3 11,00 500 000 5 500 000 Đỗ Tất Kỳ Resident 1919,3 1 905,20 500 000 952 600 000 Nguyễn Văn Xuân Agri Land 2250 218,70 9,7 35 760 7 820 712 Đỗ Ngọc Đạt Resident 554,2 94,00 500 000 47 000 000 Đỗ Thị Thử Resident 693,8 423,70 500 000 211 850 000 Nguyễn Viết Vấn Resident 1142 1 142,00 500 000 571 000 000 Đỗ Tất Chửng Resident 870,2 866,00 500 000 433 000 000 Đỗ Tất Đọn Resident 1616,4 555,40 500 000 277 700 000 Nguyễn Văn Ninh Agri Land 884 112,20 12,7 35 760 4 012 272 Đỗ Xuân Bờng, Nguyễn Agri Land 2650 853,40 32,2 35 760 30 517 584 Văn Trang, Đỗ Tất Trí Đỗ Thị Lệnh Agri Land 720 421,40 58,5 35 760 15 069 264 Đỗ Thị Do Agri Land 1105 474,50 42,9 35 760 16 968 120 Dơng Văn Trác Agri Land 933 13,10 1,4 35 760 468 456 Đỗ văn Thụy Agri Land 1260 44,30 3,5 35 760 1 584 168 Đỗ Tất Sáng, Đỗ Tất Thể Agri Land 2895 1 051,70 36,3 35 760 37 608 792 Đỗ Tất Thích Agri Land 2140 460,40 21,5 35 760 16 463 904 Đỗ tất Thiển Agri Land 2580 142,80 35 760 5 106 528 Thiển Ponds 1 203,10 60,0 25 300 30 438 430 Tạ Văn Cát Agri Land 1990 110,20 5,5 35 760 3 940 752 Đỗ Tất Hùng Agri Land 410 66,30 16,2 35 760 2 370 888 Đỗ tất Dậu Agri Land 986 23,00 2,3 35 760 822 480 Nguyễn Văn Vấn Agri Land 1068 39,20 3,7 35 760 1 401 792 Đỗ Tất Nên Agri Land 1039 115,70 11,1 35 760 4 137 432 Dơng Văn Công Agri Land 1189 73,70 6,2 35 760 2 635 512 Dơng Văn Thơm Agri Land 870 35,80 4,1 35 760 1 280 208 Đỗ Tất Thành, Đỗ Tất Agri Land 796 47,70 6,0 35 760 1 705 752 Việt Đỗ Tất Sáng Agri Land 795 28,80 3,6 35 760 1 029 888 Dơng Thị Thuận Agri Land 419 25,10 6,0 35 760 897 576 Đỗ Tất Thể Agri Land 1890 85,30 4,5 35 760 3 050 328 Trơng Đình Quang Agri Land 424 26,40 6,2 35 760 944 064 Nguyễn Thị Loan Agri Land 708 43,30 6,1 35 760 1 548 408 Lê Thị Trung Agri Land 823 16,30 2,0 35 760 582 888 Đỗ Thị Thơ Agri Land 424 18,50 4,4 35 760 661 560 Dơng Thị Thu Agri Land 939 35,80 3,8 35 760 1 280 208 Hán Thị Lày Agri Land 766 11,60 1,5 35 760 414 816 Đỗ Thị Huân Agri Land 520 41,60 8,0 35 760 1 487 616 Nguyễn Thị Hòa Agri Land 557 27,60 5,0 35 760 986 976 Dơng Văn Định Agri Land 660 20,80 3,2 35 760 743 808 Dơng Thị Hoa(Dậu) Agri Land 1432 79,60 5,6 35 760 2 846 496 Đỗ Tất Nữ Agri Land 600 23,30 3,9 35 760 833 208 Nguyễn Thị Chiến Agri Land 551 15,40 2,8 35 760 550 704 Appendix 2.3 85 Affected Land Total area Total area 2 2 Name Land cat (m ) Loss Cost Total (m ) Nguyễn Thị Lý Agri Land 446 48,10 10,8 35 760 1 720 056 Tạ Văn Minh Agri Land 780 46,40 5,9 35 760 1 659 264 Đỗ Tất Tráng Agri Land 540 37,60 7,0 35 760 1 344 576 Đỗ Tất Cấp Agri Land 620 45,50 7,3 35 760 1 627 080 Vinh Tuấn Agri Land 720 41,10 5,7 35 760 1 469 736 Dơng Văn Thứ Agri Land 690 31,70 4,6 35 760 1 133 592 Bà Tâm Agri Land 1429 40,60 2,8 35 760 1 451 856 Bà Năm Agri Land 590 42,80 7,3 35 760 1 530 528 Dơng Thị Xuân Agri Land 345 32,90 9,5 35 760 1 176 504 Đỗ Tất Thắng Agri Land 1893 53,00 2,8 35 760 1 895 280 Nguyễn Thị Hạnh Agri Land 453 30,40 6,7 35 760 1 087 104 Nguyễn Văn Xuân Agri Land 939 52,30 5,6 35 760 1 870 248 Tạ Thị Hòe Agri Land 572 25,60 4,5 35 760 915 456 Đỗ Tất Sáu Agri Land 450 27,60 6,1 35 760 986 976 Đỗ Tất Trửng Agri Land 1639 75,00 4,6 35 760 2 682 000 Đỗ Tất Vững Agri Land 527 17,90 3,4 35 760 640 104 Nguyễn Văn Vơng Agri Land 378 26,70 7,1 35 760 954 792 Lê Thị Vân Agri Land 283 16,80 5,9 35 760 600 768 Dơng Thị Th Agri Land 780 66,70 8,6 35 760 2 385 192 Đỗ Tất Đạt Agri Land 773 20,60 2,7 35 760 736 656 Đỗ Ngọc Tiến Agri Land 336 13,60 4,0 35 760 486 336 Đỗ Tất Nụ Agri Land 464 30,20 6,5 35 760 1 079 952 Dơng Thị Tứ Agri Land 575 45,70 7,9 35 760 1 634 232 Tạ Thị Liên Agri Land 349 22,90 6,6 35 760 818 904 Đỗ Tất Khuê Resident 672 153,90 500 000 76 950 000 Nguyễn Thị Hồng Agri Land 890 24,70 2,8 35 760 883 272 Đỗ Thị Đàm Agri Land 873 50,00 5,7 35 760 1 788 000 Đỗ Tất Tráng Agri Land 595 28,00 4,7 35 760 1 001 280 Tạ Văn Luận Agri Land 658 24,00 3,6 35 760 858 240 Đỗ Tất Đa Agri Land 979 41,50 4,2 35 760 1 484 040 Đỗ Tất Thảm Agri Land 1447 112,10 7,7 35 760 4 008 696 Dơng Văn Hùng Agri Land 1116 33,20 3,0 35 760 1 187 232 Dơng Văn Đức Agri Land 1303 69,30 5,3 35 760 2 478 168 Bà Quỳ Agri Land 640 49,20 7,7 35 760 1 759 392 Dơng Đình Phúc Resident 480,7 414,10 500 000 207 050 000 Tạ Thị Gia Agri Land 1159 88,60 7,6 35 760 3 168 336 Dơng Văn Trác Resident 1 077,00 799,30 500 000 399 650 000 Dơng Văn Cảnh Resident 202,2 133,20 500 000 66 600 000 Bà Phong Agri Land 750 13,10 1,7 35 760 468 456 Chị Mậu Agri Land 590 9,60 1,6 35 760 343 296 Phan Thị Ninh Agri Land 1860 83,90 4,5 35 760 3 000 264 Dơng Văn Ân Agri Land 2869 50,30 1,8 35 760 1 798 728 Đỗ Tất Đông Agri Land 2435,8 1 622,40 66,6 35 760 58 017 024 Đỗ Thị Thắm, Dơng Thị Agri Land 94,00 35 760 3 361 440 Nguyệt, Nguyễn Thị Vân Nguyễn Thị Nhẫn Agri Land 760 30,00 3,9 35 760 1 072 800 Nguyễn Thị Thành Agri Land 1000 44,90 4,5 35 760 1 605 624 Đỗ Tất Phi Agri Land 2716 1 377,80 50,7 35 760 49 270 128 Ông Chiến, Ô Thái Agri Land 237,60 35 760 8 496 576 Bà Thê Agri Land 1792 350,90 19,6 35 760 12 548 184 Đỗ Cửu Agri Land 1300 183,90 14,1 35 760 6 576 264 86 Appendix 2.3 Affected Land Total area Total area 2 2 Name Land cat (m ) Loss Cost Total (m ) Hán Văn Kiếm Agri Land 1587 529,20 33,3 35 760 18 924 192 Bà Quỳ Agri Land 2000 178,20 8,9 35 760 6 372 432 Nguyễn Thị Dần Agri Land 2161 124,10 5,7 35 760 4 437 816 Lê Thị Lỡng Agri Land 1764 123,40 7,0 35 760 4 412 784 Bà Tâm Agri Land 1429 423,80 29,7 35 760 15 155 088 Bà Tuất Agri Land 730 386,20 52,9 35 760 13 810 512 Đỗ Tất Dậu Hoa Agri Land 1432 355,10 24,8 35 760 12 698 376 Bà Giáp Agri Land 3375 481,90 14,3 35 760 17 232 744 Ông Viêm Agri Land 1950 259,70 13,3 35 760 9 286 872 Nguyễn Thái Xuân Agri Land 2087 5,60 0,3 35 760 200 256 Toản Hạnh Agri Land 1600 154,30 9,6 35 760 5 517 768 Sáng Agri Land 2100 224,00 10,7 35 760 8 010 240 Dơng Thị Lan Agri Land 4006 75,30 1,9 35 760 2 692 728 Ông Lợi Agri Land 1800 208,40 11,6 35 760 7 452 384 Bà Chiên Agri Land 2500 365,90 14,6 35 760 13 084 584 Nguyễn Văn Quảng, Ô Agri Land 1267,4 1 267,40 100,0 35 760 45 322 224 Cự Tuyến Thanh, Hùng đào Agri Land 2079 166,20 8,0 35 760 5 943 312 Bà Bính Agri Land 1000 24,50 2,5 35 760 876 120 Hồng sang Agri Land 1080 29,30 2,7 35 760 1 047 768 Dơng Thị Đàm Agri Land 900 36,50 4,1 35 760 1 305 240 Tạ Thị Gia Agri Land 1800 380,00 35 760 13 588 800 Dơng Thị Sách Agri Land 900 289,80 32,2 35 760 10 363 248 Đặng văn Sỹ, Yừn Sáu, Agri Land 359,20 35 760 12 844 992 Bà Tranh, Nga Thành, Năm Huân, Thành Thắng, Ông Thỉnh Huề Agri Land 1000 59,50 6,0 35 760 2 127 720 Đỗ Ngọc Xuân Hiên Agri Land 1400 70,60 5,0 35 760 2 524 656 Hùng Đào Agri Land 2600 218,10 8,4 35 760 7 799 256 Bà Chíu, Bà Phợng Agri Land 2500 59,10 2,4 35 760 2 113 416 Bà Thảo Agri Land 1100 74,30 6,8 35 760 2 656 968 Tuyến Thanh Agri Land 800 23,80 3,0 35 760 851 088 Oanh Lung, Hạnh Agri Land 2500 206,30 8,3 35 760 7 377 288 Ông Tuyên Agri Land 1250 109,80 8,8 35 760 3 926 448 Sen, Chén Định, Bà Agri Land 94,20 35 760 3 368 592 Triển, Thiên Lộc Đỗ Tất Dơng Pond 6012.7 1 357,10 #VALEUR! 25 300 34 334 630 Đỗ Tất Dơng Pond 1 546,80 25 300 39 134 040 Bà Đàm, Bà Cầu, Dũng Agri Land 298,90 35 760 10 688 664 Nhẫn, Vân Hoan, Hồng Lịch, Hồng Sang, Bà Chiu, Bà Bính, Bà Tân Bà My, Thuận Hội Agri Land 2300 91,90 4,0 35 760 3 286 344 Bà Đính, Ông Ân, Bà Agri Land 111,80 35 760 3 997 968 Tấn, Nguyệt Nguyệt, Ông Tạo Agri Land 30,60 35 760 1 094 256 Bà Ân Agri Land 800 22,20 2,8 35 760 793 872 Bà Cầu Agri Land 950 10,00 1,1 35 760 357 600 Vân Hoan Agri Land 600 4,60 0,8 35 760 164 496 Bà Đàm Agri Land 1080 54,60 5,1 35 760 1 952 496 Appendix 2.3 87 Affected Land Total area Total area 2 2 Name Land cat (m ) Loss Cost Total (m ) Đỗ Tất Hanh Pond 3431 1 529,10 44,6 25 300 38 686 230 Trần Văn Thông Pond 5704,7 3 926,60 68,8 25 300 99 342 980 UBND Phường Agri Land 6 875,70 35 760 245 875 032 Agri Land 10 906,80 35 760 390 027 168 Resident 813,70 500 000 406 850 000 Road 18 733,40 Thoát nước 1 410,50 THỤY VÂN Total land Total area 2 2 TT Name Land cat (m ) Loss Cost Total (m ) 1 Tạ Thị Thứ Agri Land 1357 320 23,6 32 780 10 489 600 2 Tạ Thị Hòa Agri Land 1197 318 26,6 32 780 10 424 040 3 Tạ Xuân Thành Agri Land 1015 152 15,0 32 780 4 982 560 4 Đinh Thị Thăng Agri Land 1127 154 13,7 32 780 5 048 120 5 Đinh Quảng Lạc Agri Land 1324 320 24,2 32 780 10 489 600 6 Đinh Văn Thụy Agri Land 1212 312 25,7 32 780 10 227 360 7 Tạ Thị Tân Agri Land 1302 331 25,4 32 780 10 850 180 8 Đinh Văn Niên Agri Land 1114 154 13,8 32 780 5 048 120 9 Đinh Văn Duy Agri Land 1205 155 12,9 32 780 5 080 900 10 Trần Văn Bản Agri Land 975 341 35,0 32 780 11 177 980 11 Nguyễn Thị Bảo Agri Land 1249 341 27,3 32 780 11 177 980 12 Trần Quang Cảnh Agri Land 1350 319 23,6 32 780 10 456 820 13 Trần Đại Quang Agri Land 1050 318 30,3 32 780 10 424 040 14 Nguyễn Thị Vinh Agri Land 1450 326 22,5 32 780 10 686 280 15 Nguyễn Thị Lợi Agri Land 957 455 47,5 32 780 14 914 900 16 Tạ Văn Lương Agri Land 1213 176 14,5 32 780 5 769 280 17 Vũ Thị Ngu Agri Land 1130 504 44,6 32 780 16 521 120 18 Đào Đức Nhàn Agri Land 1421 550 38,7 32 780 18 029 000 19 Vũ Bá Hiếu Agri Land 1235 822 66,6 32 780 26 945 160 20 Vũ Bá Quyết Agri Land 1360 402 29,6 32 780 13 177 560 21 Nguyễn Thị Thảo Agri Land 1455 313 21,5 32 780 10 260 140 22 Nguyễn Tiến Dũng Agri Land 1235 157 12,7 32 780 5 146 460 23 Nguyễn Văn Hùng Agri Land 1345 157 11,7 32 780 5 146 460 24 Nguyễn Văn Toán Agri Land 1005 306 30,4 32 780 10 030 680 25 Nguyễn Thị Hiền Agri Land 1100 139 12,6 32 780 4 556 420 26 Đào Thế Dương Agri Land 1250 159 12,7 32 780 5 212 020 27 Nguyễn Thị Quý Agri Land 1550 295 19,0 32 780 9 670 100 28 Phan Thị Thắc Agri Land 1300 495 38,1 32 780 16 226 100 29 Tạ Quốc Thường Agri Land 1230 100 8,1 32 780 3 278 000 30 Nguyễn Văn Quang Agri Land 850 50 5,9 32 780 1 639 000 31 Đào Thị Điểu Agri Land 1000 95 9,5 32 780 3 114 100 32 Đào Thị Kích Agri Land 1105 95 8,6 32 780 3 114 100 33 Nguyễn Thị Mậu Agri Land 1360 265 19,5 32 780 8 686 700 34 Tạ Thị Hiền Agri Land 1420 170 12,0 32 780 5 572 600 35 Nguyễn Văn Bích Agri Land 1205 255 21,2 32 780 8 358 900 36 Tạ Văn Quân Agri Land 1050 168 16,0 32 780 5 507 040 37 Đào Đức Tuân Agri Land 1068 130 12,2 32 780 4 261 400 38 Tạ Văn Nguyện Agri Land 1315 170 12,9 32 780 5 572 600 39 Trịnh Thị Tiến Agri Land 1080 120 11,1 32 780 3 933 600 88 Appendix 2.3 Total land Total area 2 2 TT Name Land cat (m ) Loss Cost Total (m ) 40 Đào Văn Toàn Agri Land 1290 265 20,5 32 780 8 686 700 41 Nguyễn Hữu Cầu Agri Land 1250 70 5,6 32 780 2 294 600 42 Phùng Thị Phương Agri Land 900 60 6,7 32 780 1 966 800 43 Tạ Văn Tài Agri Land 1250 620 49,6 32 780 20 323 600 44 Đinh Thị Lập Agri Land 1150 365 31,7 32 780 11 964 700 45 Nguyễn Thị Chinh Agri Land 1050 75 7,1 32 780 2 458 500 46 Tạ Đức Minh Agri Land 1190 310 26,1 32 780 10 161 800 47 Tạ Đức Tiến Agri Land 1200 600 50,0 32 780 19 668 000 48 Vũ Văn Tân Agri Land 1250 557 44,6 32 780 18 258 460 49 Tạ Văn Thiện Agri Land 1380 295 21,4 32 780 9 670 100 50 Nguyễn Văn Thường Agri Land 1210 195 16,1 32 780 6 392 100 51 Đào Ngọc Hiếu Agri Land 1005 361 35,9 32 780 11 833 580 52 Nguyễn Văn Bản Agri Land 1130 270 23,9 32 780 8 850 600 53 Tạ Văn Thuyết Agri Land 1590 152 9,6 32 780 4 982 560 54 Tạ Đức Hàn Agri Land 1300 120 9,2 32 780 3 933 600 55 Tạ Văn Miễn Agri Land 1124 495 44,0 32 780 16 226 100 56 Vũ Văn Ngọc Agri Land 1090 500 45,9 32 780 16 390 000 57 Nguyễn Văn Quý Agri Land 1250 285 22,8 32 780 9 342 300 58 Tạ Thị Hiếu Agri Land 1080 285 26,4 32 780 9 342 300 59 Tạ Văn Khoa Agri Land 1010 468 46,3 32 780 15 341 040 60 Đỗ Thị Văn Agri Land 1650 335 20,3 32 780 10 981 300 61 Tạ Minh Thịnh Agri Land 1320 508 38,5 32 780 16 652 240 62 Tạ Minh Quang Agri Land 1450 255 17,6 32 780 8 358 900 63 Tạ Minh Can Agri Land 1270 285 22,4 32 780 9 342 300 64 Vũ Mạnh Cường Agri Land 1185 230 19,4 32 780 7 539 400 65 Tạ Thị Trình Agri Land 1160 155 13,4 32 780 5 080 900 66 Vũ Văn Tuyên Agri Land 1410 255 18,1 32 780 8 358 900 67 Nguyễn Văn Năm Agri Land 1120 115 10,3 32 780 3 769 700 68 Nguyễn Thị Nghiên Agri Land 1090 165 15,1 32 780 5 408 700 69 Nguyễn Văn Chung Agri Land 1490 335 22,5 32 780 10 981 300 70 Nguyễn Văn Tân Agri Land 1114 305 27,4 32 780 9 997 900 71 Đỗ Văn Đức Agri Land 1250 862 69,0 32 780 28 256 360 72 Nguyễn Ngọc Thanh Agri Land 1420 627 44,2 32 780 20 553 060 73 Tạ Hữu Phán Agri Land 1040 175 16,8 32 780 5 736 500 74 Nguyễn Anh Toàn Agri Land 1000 350 35,0 32 780 11 473 000 75 Tạ Đình Đề Agri Land 1165 175 15,0 32 780 5 736 500 76 Tạ Đức Chía Agri Land 1450 475 32,8 32 780 15 570 500 77 Tạ Đức Thăng Agri Land 1210 205 16,9 32 780 6 719 900 78 Đào Thị Tân Agri Land 800 75 9,4 32 780 2 458 500 79 Lê Đình Long Agri Land 1300 196 15,1 32 780 6 424 880 80 Tạ Văn Thuận Agri Land 1670 288 17,2 32 780 9 440 640 81 Lê Công Phúc Agri Land 1080 420 38,9 32 780 13 767 600 82 Nguyễn Văn Thiện Agri Land 1015 360 35,5 32 780 11 800 800 83 Nguyễn Văn Thịnh Agri Land 1150 370 32,2 32 780 12 128 600 84 Lê Minh Khoa Agri Land 1265 350 27,7 32 780 11 473 000 85 Lê Thị Thoại Agri Land 950 50 5,3 32 780 1 639 000 86 Lê Khắc Thụy Agri Land 1090 420 38,5 32 780 13 767 600 87 Lê Quang Chính Agri Land 1145 435 38,0 32 780 14 259 300 88 Lê Đức Thăng Agri Land 1240 456 36,8 32 780 14 947 680 89 Lê Quang Khánh Agri Land 1050 425 40,5 32 780 13 931 500 90 Tạ Quang Khải Agri Land 937 395 42,2 32 780 12 948 100 91 Đào Đức Chiến Agri Land 1350 265 19,6 32 780 8 686 700 Appendix 2.3 89 Total land Total area 2 2 TT Name Land cat (m ) Loss Cost Total (m ) 92 Tạ Thị Mai Dung Agri Land 1700 238 14,0 32 780 7 801 640 93 Vũ Văn Nhất Agri Land 1125 175 15,6 32 780 5 736 500 94 Tạ Văn Thanh Agri Land 1350 162 12,0 32 780 5 310 360 95 Tạ Thị Nhàn Agri Land 1490 196 13,2 32 780 6 424 880 96 Tạ Văn Thắng Agri Land 1280 250 19,5 32 780 8 195 000 97 Nguyễn Văn Thuận Agri Land 1520 345 22,7 32 780 11 309 100 98 Trịnh Văn Thọ Agri Land 1240 285 23,0 32 780 9 342 300 99 Tạ Văn Thiệu Agri Land 1450 195 13,4 32 780 6 392 100 100 Đào Xuân Ninh Agri Land 1620 115 7,1 32 780 3 769 700 101 Nguyễn Văn Cứ Agri Land 1370 200 14,6 32 780 6 556 000 102 Nguyễn Thắng Lộc Agri Land 1750 375 21,4 32 780 12 292 500 103 Tạ Thị Đáy Agri Land 1190 198 16,6 32 780 6 490 440 104 Đào Minh Khoa Agri Land 1425 170 11,9 32 780 5 572 600 105 Đào Ngọc Thuyết Agri Land 1530 185 12,1 32 780 6 064 300 106 Trần Văn Học Agri Land 1315 175 13,3 32 780 5 736 500 107 Triệu Thị Tân Agri Land 1250 188 15,0 32 780 6 162 640 108 Tạ Thị Xuân Agri Land 1542 422 27,4 32 780 13 833 160 109 Tạ Văn Tám Agri Land 1079 205 19,0 32 780 6 719 900 110 Vũ Hoàng Anh Agri Land 1680 195 11,6 32 780 6 392 100 111 Nguyễn Văn Đạt Agri Land 1350 88 6,5 32 780 2 884 640 112 Nguyễn Thị Nguyên Agri Land 1735 195 11,2 32 780 6 392 100 113 Nguyễn Thị Tuyên Agri Land 1290 195 15,1 32 780 6 392 100 114 Đào Duy Tiên Agri Land 1480 45 3,0 32 780 1 475 100 115 Nguyễn Phúc Lân Agri Land 1265 72 5,7 32 780 2 360 160 116 Tạ Văn Rộng Agri Land 1700 65 3,8 32 780 2 130 700 117 Phùng Thị Hồng Agri Land 1345 65 4,8 32 780 2 130 700 118 Nguyễn Thị Sảo Agri Land 1270 100 7,9 32 780 3 278 000 119 Nguyễn Văn Minh Agri Land 1430 85 5,9 32 780 2 786 300 120 UBND Xã Agri Land 19500 32 780 639 210 000 149472 51758 100 90 Appendix 2.4 Phu Tho PPC Land Compensation Rates (2011) The following information is provided on the Phu Tho Provincial People’s Committee land rates issued for 2011 for reference purposes. Current Government Provincial Compensation Rates Unit price of No. Type of Land Unit PPC (VND) 1 Agricultural land - Wards m2 35,760 - Communes m2 32,780 2 Farming, aquatic land m2 25,300 3 Living land -Vân Phú m2 1,000,000 -Dữu Lâu, Kim Đức, Hùng Lô m2 500,000 - Phượng Lâu m2 250,000 m2 = square meter, PPC = provincial people’s committee, VND = Vietnamese dong. Houses and structures Price Unit Unit price of No. Type of structure price PPC (VND) 1 Living house class IV m2 1,500,000 2 Living house class III m2 1,000,000 3 Toilet, kitchen, stables m2 700,000 4 Brick yard m2 60,000 5 Wall m2 60,000 6 Well cái 1,080,000 m2 = square meter, PPC = provincial people’s committee, VND = Vietnamese dong. To estimate the approximate replacement land values at the time of preparing the resettlement plan the Hung Yen PPC land rates were increased by a factor of 40% and used as a proxy for replacement land values in the Resettlement Budget Estimate in this RP. To ensure compensation for assets, land, trees and crops is consistent with replacement cost at the time of compensation, a replacement cost study will be conducted throughout the period of updating the resettlement plan to ensure that replacement values are valid for the time of compensation. The agency to conduct the Replacement Cost Study will be engaged by the Hung Yen PPC and outputs of the study monitored both internally and externally and be subject to consultation with the affected persons. Appendix 2.5 91 MINUTES OF CONSULTATION MEETINGS FOCUS GROUP DISCUSSION A. Dữu Lâu ward – Việt Trì city Place: The hall of Duu Lau ward People Committee, Cultural House at Que Tao area Time: - 8h, date on 8/3/2011 (meeting with HHs at Hương Trầm area) - 14 h date on 9/3/2011 (meeting with HHs at Que Tao area) Participant: - Group mission team - Representative of Ward people committee: Mr. Nguyen Chi Hai – Vice Chairman, cadastre and the head, vice head of area. - HH: + 45 people of which: 28 male, 17 female (Huong Tram Area); + 39 people of which: 12 male, 27 female (Que Tao area) The content of meeting: I. Introduction The Resettlement Team presented the sub projects for Viet Tri city in general and Duu Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues between Vietnam policy and ADB policy. The team informed the households of the survey and IOL and that would take place after the meeting. II. Recommendation of Affected Households 1. Mr. Đỗ Tất Trửng: We have lost not only residential land but also field. In the fact compensation for people are very low, we do not want to receive compensation because money is spent out, my proposal is that the project exchange land for land. 2. Mr. Đỗ Văn Lục : The area of land that the household will be lost is larger than before the project was acquired. So to calculate the impact on Ahs, the Project needs to add the lost part of previous times to determine the rate of loss of true losses. The project needs to tally specific, accurate and fully informed of the affected area and conduct adequate compensation before starting work progresses to avoid lawsuits and complaints. 3. Mr. Đỗ Tất Thắng: Most of our people are supportive of national development; in particular the construction of roads for socioeconomic development of local. But the project also needs to learn from previous projects done because most of the projects not properly apply the policy based on Decree No 69 and 197 of providing protection to Ahs, Therefore, we request the project compensation must be in accordance with policies of the Party and State. 4. Mr. Đỗ Tất Phi: Basically I am also very supportive of the project. But in addition I also wish that the State would be compensated with land because if people lost 100% of the land, it will affect the production affecting the lives of farmers who relies on the land for their income. 92 Appendix 2.5 5. Mr. Đỗ Tất Đọ: Require project for compensation based on policy, do not violate the rights of people by giving less than they deserve. 6. Mr. Đỗ Tất Dậu: Experience with the previous project, the project's suspension period is too much, we did not enjoy the benefits brought by the project. Our life is now stable; we don’t see the good outcome, only the loss. The primarily loss that affects our lives is livelihood of the family, then the future of their children, lost land that provides us what we need for family. My wish is: First, if the project materializes, the policy must ensure that people's lives are stabilized and secure as before the project took place. Second, the transfer must be planned so that people have time to prepare the money. Main sources of local people is agriculture; our children are not good in academic. So we want the project to help create jobs for our children and offer jobs for employment. 7. Mrs. Lê Thị Hồi: If the project is approved by the CPC, the project, people cannot disagree. If my family will lost cassava land, Is compensation? Is there any support? 8. Mr. Nguyễn Quang Vĩnh: We are aware that infrastructure must be developed and if the project is approved by the bank for provincial loans, of course this must be supported by the people.. The basic characteristic of Que Trao area at Duu Lau ward is that people live by cultivated land. Much of our land has been taken by the project before and now by another project again? If farm land is taken how do we survive? Therefore, we propose the projects should ensure that the life of the farmers are stable and provide alternative means such as vocational training for children of farmers. 9. Mr. Nguyễn Đình Thắng: The proposed road is National Road so that people generally agree to support this as this contributes to the development of people’s livelihood. But the project's staff must also know that in, our people mostly live by farming. Therefore, the residential and farm land must be compensated by land also so people can continue to live as usual. 10. Mrs. Lê Thị Tý: The land price of Group 2A here is fluctuating. Therefore, the compensation price must be explicit and precise, and must be approved by the affected households. 11. Mrs. Nguyễn Thị Hoa: Hills and farmland of my family lost a lot. So I hope the project will still provide land for my family to live on and hilly land compensation price is equal to the price of farmland. 12. Mr. Lê Văn Hữu: My family has lost a lot of land already. If all my family’s land are taken, I ask the project a lot to replace the land d for my children to live. 13. Mr. Lê Công Anh: Appendix 2.5 93 The infrastructure projects to improve people's daily lives are supported by the people. However, the project must also comply with what has been agreed. Avoid saying one thing and doing another as what happened in Huong Tram area. Besides, the project design and implementation must take into account and guarantee for next remaining fields to ensure the irrigation and drainage for the farm because in previous projects, this was not completed and people have to suffer the consequence such as drought, flood. Therefore, this project if implemented must have water supply and drainage schemes and flood prevention to ensure production, irrigation, and farming for people. III. Responses from the Resettlement Group The Resettlement Team clarified all the answers and documented all opinions of the households, for discussion with the Project management.. This activity is just the initial stage it is only the initial information of the project, to get the views and consensus of the people. The next step will be the socio-economic survey of households and the cooperation of the group is solicited. B. Vân Phú ward – Việt Trì city Place: Cultural House of No 1 area at Van Phu ward Time: - 8h date on 10/3/2011 Participant: - Group mission - Representative of ward people commune, Mr. Pham Quang Binh – vice chairman, cadastre and the head, vice head of area - HHs: 48 people, of which: 29 male, 19 female The Purpose of meeting: I. Introduction of the Project The Resettlement Team presented the sub projects for Viet Tri city in general and Duu Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues between Vietnam policy and ADB policy. The team informed the households of the survey and IOL and that would take place after the meeting. II. Issues and Recommendation of Affected Households 1. Mr. Trần Như Rộng: Households in Van Phu mainly are officers, soldiers, people have hard lives, the family lived for generations. Therefore it is not eligible to buy land, or buy a home. People are completely support the project but the project planners must, follow the steps, in accordance with procedure, compensation must be fair and just in giving compensation. These households have to move so there must be a resettlement area for residents and for people to know the resettlement site. Planners should also follow the policies and listen provide the appropriate support. They should listen to people’s aspirations. 2. Mrs. Quách Thị Xuyến: We have never heard of the project, we would like some information and we want the government give attention to the interests of the people; explain the benefits and effects of the project , how it would improve the economy of the people in the local area and of the country in general. 94 Appendix 2.5 3. Bùi Duân: Two groups of 8 and 9, almost 100% are staff and members of the military and Transport Works Company. Therefore, the understanding of policies is very clear and I myself is a construction professional. We want to know the meaning and purpose of the project. If that road is really beneficial, people will support the government. The relocation of households must be ensured with the same or better life because their current living condition is very poor. Road is important so there’s no reason for us to stay where road is not good. 4. Mr. Lê Trọng Kim: When the project is implemented, people must be compensated in accordance with policies of the State, compared to other province the compensation of Phu to is always lower. We should not be forced to get compensation lower than other province. 5. Mr. Trần Quang Hưng: People fully support the project to serve the people. But adequate compensation must be given to farmers. Sometimes project requires our land that’s our only legacy left for our family. III. Responses of the group The Resettlement Team clarified all the answers and documented all opinions of the households for discussion with the Project management. This activity is just the initial stage to get the views and consensus of the people. The next step activity was to conduct the socio- economic survey of households and the cooperation of the group was solicited. Appendix 2.5 95 MINUTES OF PUBLIC CONSULTATIONS Phượng Lâu commune - Việt Trì city Place: The hall of Phượng Lâu commune people committee Time: - 14h date on10/3/2011 (meeting with HHs of No 1 and No 2 area) - 8 h date on 12/3/2011 (meeting with HHs of No 3 area) Participant: - Group mission - Representative of commune people committee, Mr. Tran Van Khai – Vice chairman, cadastre and the Head, Vice head of area HHs: + 33 people of which: 15 male, 18 female + 48 people of which: 29 male, 19 female Purpose of meeting: I. Introduction of the Project The Resettlement Team presented the sub projects for Viet Tri city in general and Duu Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues between Vietnam policy and ADB policy. The team informed the households of the survey and IOL and that would take place after the meeting. II. Recommendation of Affected Households 1. Mr. Nguyễn Văn Út: Compensation price must be adequate. Our agricultural land for farming production is similar in our area. When compensation should not be classified as land type 1 and type 2, type 3. The policy requires to pay compensation before construction to avoid cases that construction was already completed but payment of compensation is not satisfactory. We also asked the project construction to be careful not to dig the rest of field which affect farming, even though it has been abandoned. We suggest that CPC give officials to monitor the implementation of the project so that if there is some things needed it can give action immediately. 2 Mr. Nguyễn Ngọc Chinh: Total area of current agricultural land of my family is 6 acres, we lost 2 acres in the previous time, now Trường Chinh road continues to acquire our agricultural land, it will certainly affect the lives of our family. However the project is to expand people's life so we will still support. We desire compensation at market prices to support disadvantaged families. If the project take residential land, it must be taken all, then move us to the resettlement areas to ensure our accommodation. 3. Mr. Nguyễn Văn Thiện: We don’t question the policy of the State. However in our case, the area of our plot is not large, so, if the project acquires our plots, it should be fully compensated because the remaining area is too small, crooked or no longer viable for production. 4. Bùi Văn Cải: With the previous project, compensation for people is low, which affected people's income. After the construction project completed, leaving some brick and stone were left. The commune proposed to that project cleans up the area but nobody cleaned up. The result was left for the people doing hard work to clean the area. We need to learn from this experience. 96 Appendix 2.5 5. Bùi Xuân Trường: Our family fully supports the project. However, the need to learn from experience of previous projects which made life difficult for us due to long process and complicated procedures. Support for people affected agricultural land should be calculated for the entire area if the project acquires more than what is viable left. We urge provinces and cities to help train and create jobs for young people. 6. Nguyễn Thị Sinh: We Want to be informed of the design of the alignment of the project to know the extent of land acquisition and the time to conduct the project to prepare. 7. Bùi Tải: The family has six members, has 1.2 acres of land, approximately 6 sao in both of the two routes of Truong Chinh and Phu Dong. Currently, a section of Phu Dong road was constructed and acquired the family's land, but household has not received any kind of support yet. Therefore, we propose that before conducting project, it needs clarification on policy so that people can check and monitor benefits paid. 8. Nguyễn Văn Trường: Households losing agricultural land have to move to the resettlement area with adequate infrastructure. The area to compensate must be large because this is agricultural affected households. III. Responses of the group The Resettlement Team clarified all the answers and documented all opinions of the households for discussion with the Project management. This activity is just the initial stage to get the views and consensus of the people. The next step activity was to conduct the socio- economic survey of households and the cooperation of the group was solicited. Appendix 2.5 97 MINUTES OF PUBLIC CONSULTATIONS Hùng Lô commune – Việt Trì city Location: Hùng Lô commune People Committee Time: - 8h, 11/3/2011 Attendees: - Group mission - Representative of People Committee: Mr. Nguyễn Tiến Đức - chairman of people committee, land officer, head of hamlet - Local people: 50 people, of which: 28 male, 22 female (resident in area 3,8,9) Purpose of meeting: I. Introduction of the Project The Resettlement Team presented the sub projects for Viet Tri city in general and Duu Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues between Vietnam policy and ADB policy. The team informed the households of the survey and IOL and that would take place after the meeting. II. Issues Raised and Recommendation of Affected Households 1. Mr. Nguyễn Văn Long: (Area 3) Most of the local resident’s income is based on the agriculture. When constructing the road, it will divide the road, no water supply and drainage pipe, therefore crops cannot continue to grow. I suggest that when implementing the project, there should be construction of the water supply and drainage system, so we can cultivate the rest of the field. 2. Mr. Nguyễn Văn Tích: (Area 3) If the rest of the area is just 100–200 m, I suggest that the project should be take all areas because with this small area, the farmer cannot cultivate and fallow field. 3. Mr. Nguyễn Thế Kỷ: (Area 9) The local residents will obey according to the regulation of Party and Central. However, if the Central covers land, it is necessary to have the reasonable compensation. Please note to create the job for the HH who lost plenty of land. 4. Mr. Nguyễn Đức Quyền: Hùng Lô commune is narrow and crowded. We lost 50% the total land area for the previous project. Compensation price is late and extended for several months, price is not only low but also devalued, so the local residents receive a small amount of money for compensation. Therefore, we suggest that compensation should be paid on time according to the policy and agreement dome with the local people. In terms of the HH with residential land and have to move to another place, it is very important to have the resettlement site ready for them in order to build the house and stabilize their lives. Poor and vulnerable HH should be supported according to policy, create the occupation for local resident so as to stabilize their living condition. 5. Mr. Nguyễn Đại Từ: Firstly, we totally agree and approve the project. We are farmers and we will lose all the 98 Appendix 2.5 productive land. Many generations live in there including our ancestor’s tomb. So, when implementing the project, we lose a lot of things. Therefore, we request that the compensation price should be reasonable, according to Government’s policy, agreement between local resident and investor. Besides that, the local government needs to announce clearly about the compensation price in order to ensure the local residents’ rights. 6. Mr. Nguyễn Văn Cường: (Area 9) When acquiring the house and living land, it’s necessary to have the resettlement site and have to compensation as soon as possible. III. Responses of the group The Resettlement Team clarified all the answers and documented all opinions of the households for discussion with the Project management. This activity is just the initial stage to get the views and consensus of the people. The next step activity was to conduct the socio- economic survey of households and the cooperation of the group was solicited. Appendix 2.5 99 MINUTES OF PUBLIC CONSULTATION Kim Đức commune – Việt Trì city Location: House of Culture of hamlet 10, Kim Đức commune Time: - 14h ngày 11/3/2011 Attendees: - Group of mission - Representative of ward people committee, land officer Mr. Lê Huu Phuoc and the head, vice head of hamlet. - Local people: 38 people, of which: 21 male, 17 female Purpose of meeting: I. Introduction of the Project The Resettlement Team presented the sub projects for Viet Tri city in general and Duu Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues between Vietnam policy and ADB policy. The team informed the households of the survey and IOL and that would take place after the meeting. II. Issues and Recommendation of Affected Households: 1. Ms. Đinh Thị Nhạn: Our communes are very poor with small area of farm land. We hope that if recovering the land, it is important to stabilize their lives, by giving us a reasonable compensation, equal to all HHs. 2. Mr. Kiều Đua: Truly, we cannot do something regarding our accommodation, but this is the Government’s plan, so we have to approve. However, we suggest that if resettled, it should have enough land for our children to live. It should be readily available. The Project should learn some lessons from the previous project (project for electricity, power station). The local resident were not satisfied with this project, giving stress and psychological effect.. When implementing the project, it should take account people needs and aspirations. 3. Mr. Đinh Xuân Thi: We hope the Project Planners understand the local residents’ desires and also the current situation of the province and follow the regulation. They need to stabilize the residents’ lives. If facing difficulties, there is a need to consult with the local resident again to discuss. It is very important to clarify regarding the land laws. 4. Mr. Tạ Xuân Đạt: (area 10) Our Kim Duc commune stays next to Hung Lo commune, but the compensation price is very different. The land price for Hung Lo is very high, but for Kim Duc the land price is very cheap. I suggest that the project should increase the compensation land prices and pay attention to cost of land. III. Responses of the group The Resettlement Team clarified all the answers and documented all opinions of the households for discussion with the Project management. This activity is just the initial stage to get the views and consensus of the people. The next step activity was to conduct the socio- economic survey of households and the cooperation of the group was solicited. 100 Appendix 2.5 MINUTES OF PUBLIC CONSULTATIONS Thụy Vân commune - Việt Trì city Place: The hall of Thuy Van commune people committee Time: - 8h30 date on 16/3/2011 Participant: - Group mission - Representative of commune people committee: Mr. Vu Van Cam- chairman, Mr. Nguyen Quang Thao – vice chairman. - Local people: 16 people of which: 10 male, 6 female. - Local people: 38 people, of which: 21 male, 17 female Purpose of meeting: I. Introduction of the Project The Resettlement Team presented the sub projects for Viet Tri city in general and Duu Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues between Vietnam policy and ADB policy. The team informed the households of the survey and IOL and that would take place after the meeting. II. Issues and Recommendation of Affected Households 1. Mr. Đàm Minh Phong: The family has 4 acres of fields, which has been lost by the industrial which is 2 acres, but no support at all. We propose that when determining the percentage of land acquisition, it must calculate both the previously acquired land area. If unit price for compensation is low, it cannot restore our life back as before. 2. Mr. Phan Văn Thái: Pay attention to compensation price according to market price. The life of local resident here are mainly based on the agriculture. The industrial zone was established but lack of skilled labor so they do not work often and unsustainable. They prefer to work in agriculture related work. 3. Mr. Vũ Đình Khuyên: Pay attention to the project’s design because I know in this area it still have the project for ecological lake, hoping the combination between 2 projects to work effectively, create more jobs to improve life for people in commune. 4. Mr. Đinh Văn Thắng: Because the compensation price of previous project is low, we hope the project will have the prices according to the market price, approximately 200.000d/m2 with some kinds of supporting). When implementing the project, there is a need to find experienced contractors to do, to avoid extending the time for construction as it affects our daily activities. 5. Ms. Kim Thị Ngọc Bích: Nội hamlet has will be acquired with a lot of land. People will get worried for the family's income later. Propose compensation price should be close to market prices. Commune needs to assist households with little land, with income generation or to support employment. 6. Ms. Tạ Thị Lan: Similarly she was very interested in compensation price and other assistance. She Appendix 2.5 101 desires that if compensation will be reduced it is disadvantageous for households losing land. III. Responses of the group The Resettlement Team clarified all the answers and documented all opinions of the households for discussion with the Project management. This activity is just the initial stage to get the views and consensus of the people. The next step activity was to conduct the socio- economic survey of households and the cooperation of the group was solicited. Project Information Booklet 102 Comprehensive Socioeconomic waste to the dump site by increasing the Urban Development Project 2. QUESTION: Who is responsible for the current collection volume of 120 tons/day Appendix 2.6 (Viet Tri, Hung Yen and Dong Dang) Project? to 150 tons/day. PUBLIC INFORMATION BOOKLET ANSWER: The Government of the Socialist 4. QUESTION: If there road Republic of Vietnam will be represented Phu construction activities in our locality, 1. QUESTION: What is the Asian Tho Province People’s Committee (PPC) as will we be affected? Development Bank (ADB) the project owner and implementation of the Comprehensive Socioeconomic Urban Project will be the responsibility of the Viet ANSWER: The Project is expected to Development Project? Tri City People’s Committee (CPC). The require the acquisition approximately 73 Viet Tri PPC has established a Project hectares (ha) of land for the 3 roads which ANSWER: The Government of the Socialist Management Unit (PMU) to manage the will have a total length of 15km and corridor Republic of Vietnam proposes to develop implementation of the Project. A Social and of land acquisition ranging from 40 meters Viet Tri, Hung Yen, and Dong Dang to Environmental Unit (SEU) will be (m) to 60m (dependent on numbers or lanes complement Hanoi as northern Vietnam's established within the PMU to implement required as well as road height). The solid economic centers and to contribute to the and monitor the Resettlement Plan. waste management component will not development of the North-South economic require any land acquisition. The preliminary corridor. The project will provide improved 3. QUESTION: Are the improvements of design of the roads and alignment selection urban infrastructure and municipal services the roads and solid waste management has attempted to minimize impacts on in the project cities/town as well as intended to benefit us? private land and houses as much as strengthen local governments' urban possible. During the detailed design phases management capacities. The Project will be ANSWER: Yes. Improved roads will enable efforts will be made to further reduce financed by ADB. the transportation of goods and people to be impacts on housing and land acquisition quicker, more efficient and cheaper. The through review of technical designs and In Viet Tri, the Project components comprise new and improved roads will improve through consultations with the affected construction of three urban roads and connections between the Noi Bai–Lao Cai communities. In case the effects on land, improvement of solid waste management. expressway, Thuy Van Industrial Zone, and house and structures cannot be avoided, The roads consist of (i) Phu Dong Road (4.1 city center, as well as reduce traffic affected persons will be properly kilometers [km] connecting Noi Bai–Lao Cai congestions in the central area by diverting compensated in cash or in kind for their land expressway with the city center), (ii) north- the traffic from the National Road 2 to the use, houses, structures, crops and trees, as west section of the city ring road (4.4km of city ring road. The roads to complete the well as communal properties in order for Truong Chinh Road from the northern dyke western part of the city ring road from the them to restore their lost asset, resource, or road to Thuy Van Industrial Zone through northern dyke road to the southern dyke income. Rehabilitation assistance will also Phu Dong Road), and (iii) south-west road and build a new road from the Noi Bai- be provided to affected persons who will be section of the city ring road (6.5km from Lao Cai expressway to the city center. required to relocate to another location. Thuy Van Industrial Zone to the southern dyke). The solid waste management The solid waste management component 5. QUESTION: What if my land will be component will provide fleet and equipment will expand the coverage of solid waste affected by the Project? for solid waste collection and transfer. collection from households and transport ANSWER: For affected land, compensation 8. QUESTION: What about my crops and involved, how can the Project help me can be in the form of replacement land or trees? rebuild my house during relocation? cash at current market value. If land has been the agreed form of compensation ANSWER: For annual crops, affected ANSWER: Affected persons will be offered between affected persons and the Project, persons will be given 2-months notice that option to choose between (i) arranging their the replacement land should be of equal or the land on which their crops are planted will own relocation with the compensation and better productive capacity of the lost land be used by the Project and that they must assistance money received; (ii) assisted and satisfactory to affected persons. If harvest their crops in time. If standing crops resettlement at a resettlement site, including replacement land is not available then the are ripening and cannot be harvested, plot of land and ready constructed house; only option offered will be cash eligible affecte persons can be and (iii) partially assisted resettlement compensation at market value. compensated for the loss of the consisting of resettlement lot but arranging unharvested crops at the current market the construction of their replacement 6. QUESTION: What are the entitlements value. For perennial crops, affected persons housing themselves using the compensation that we have in order to be will be compensated for the loss of fruit and money received. Resettlement sites are to compensated? timber trees at replacement value, which be suitably located and have adequate value will take account of lost potential infrastructure and access to services. ANSWER: There will be a cut off date for income and time required to re-establish the Affected persons will be consulted on the entitlement to compensation and assistance perennial trees. This will compensate for selection and design of the resettlement which will be set and publically announced lost income until the newly planted sites. by the Viet Tri City People’s Committee. seedlings bear fruit. Affected persons will be Those APs who have occupied and used awarded the full value of any lost crops In addition to the above, affected persons’ the land prior to this cut off date are entitled where the plants are near or ready to households will also be entitled to to compensation if the project construction harvest. allowances consisting of: (i) Transportation affects their land and/or structures. And for allowance; (ii) Rental assistance for a anyone who has encroached and occupied 9. QUESTION: What about our common limited period (if needed); (iii) Additional the land after the cut off date will not be property resources like school building, cash allowances for those who self-relocate; eligible for compensation or assistance. cooperative land? (iv) Stabilization assistance for those who lose more than 10% of their productive land 7. QUESTION: Does compensation apply ANSWER: For common property resources, in addition to being required to relocate; and to my affected houses or structures? the affected land will be replaced in areas (v) Incentive bonus for those who relocate identified in consultation with affected before announced project target dates for ANSWER: Yes. Houses and structures that communities and relevant organizations. site clearance. The specific amounts for will be affected by the Project shall be Affected building and structures will be compensation rates as well as allowances Appendix 2.6 compensated at replacement cost without restored to original or better condition. and assistance will be advised at the time deduction for depreciation or salvageable Cooperative farming land will be replaced the resettlement plan is updated. materials. Partially affected houses will be with either other land (if available) or an compensated for the lost affected portion as alternative resource to benefit the material 11. QUESTION: If in case our livelihoods well as repair costs. Other structures (e.g. welfare of the affected community. are affected, how can the Project help fences, wells, pavement) will also be me restore my livelihood and living compensated at replacement cost. 10. QUESTION: If in case there will be standards? 103 relocation of houses or businesses ANSWER: The census and detailed 12. QUESTION: When will the detailed addition the Project will publically disclose 104 measurement survey (DMS) will take note of measurement survey be conducted? the approved updated resettlement plan the livelihoods of affected persons and any through a public information brochure impacts the Project may have. The Project ANSWER: The activity will be carried out (distributed to all affected households), by Appendix 2.6 will provide various forms of assistance to after the actual alignment has been providing a translated version to each local enable affected people to restore their determined. The activity will only be carried People’s Committee for public access and livelihoods and living conditions to at least out in the presence of the affected persons. by uploading it on ADB’s website. pre-project levels. For vulnerable The affected persons and the local households (e.g. those classed as poor, authorities will be informed prior to the 14. QUESTION: If I disagree or disabled, etc.), the Project will seek to activity. problems arise during project improve living standards to at least implementation such as compensation, minimum national standards. Such forms of 13. QUESTION: How will the Project technical, and other project-related assistance will include: (i) cash subsistence consult with me and provide issues, do I have the right to voice my allowances to households losing more than information? complaint? 10% of the productive assets equivalent to 30 kilograms (kg) of rice per household ANSWER: The Project has prepared a ANSWER: Yes. If the affected person is not member per month for periods ranging from communication and consultation plan. The clear about or not satisfied with the 6 to 36 months depending on the severity of Project will keep local communities informed compensation package offered or, if for any impact and circumstances of the household; of significant activities. Regular information reason, the compensation does not (ii) for those losing productive land, will be provided to the ward/commune materialize according to the agreed livelihood transition allowance equivalent to People’s Committees, village chiefs and schedule, the AP has the right to lodge a 1.5 times the compensation of the affected local mass organizations. The local People’s complaint. Grievance/queries from land; (iii) agricultural extension assistance; Committees will maintain a public notice displaced peoples at the first instance may (iv) vocational training free of charge within board where significant information and be lodged verbally or in written form with the the province for household members of schedules will be posted. In addition to this Ward/Commune People’s Committee. The working age for a limited period of time; (v) affected households will be consulted complaint shall be discussed in an informal for vulnerable households cash social directly through public consultation meetings meeting with the displaced people and the support allowances for 3 years, the level of on significant matters affecting them. Such People’s Committee will be required to such support will depend on the severity public consultation meetings will take place provide a decision/further advice on the and type of loss; and (vi) potentially other (i) prior to the conduct of the DMS (to advise issue within 15 days from the date the forms of livelihood restoration support if survey schedules and procedures), (ii) complaint is received. All meetings shall be deemed needed based on consultation with following the DMS (to advise of DMS results recorded and copies of the minutes of affected persons and project stakeholder and proposed mitigation measures), (iii) meetings will be provided to displaced during preparation of the updated during preparation of the updated peoples. If no amicable solution can be resettlement plan. In addition the Project will resettlement plan (to identify appropriate reached or if no response is received from seek to maximize project work opportunities livelihood restoration measures, advise of local People’s Committee within 15 days of to adults in the affected local communities compensation rates and details of registering the complaint, the displaced (both men and women) during the allowances and assistance measures as people can elevate the matter to the City implementation phases. Such opportunities well as details of resettlement Resettlement Committee (CRC) within 45 will be announced in the local areas. arrangements); and (iv) on-going through days of originally lodging the complaint. The implementation of the resettlement plan. In CRC is expected to respond within 1 month upon receiving the grievance. If the their concerns or problems with the ADB displaced people is not satisfied with the Southeast Asia Department (SERD) either Monthly Report and Quarterly Reports will decision of the CRC or in the absence of directly (No. 6 ADB Avenue, Mandaluyong be prepared and submitted to ADB. A post- any response, the displaced people can City, Philippines), or through the ADB resettlement impact evaluation will also be present the grievance to the Provincial Vietnam Resident Mission. undertaken to assess whether impacts of People’s Committee. The PPC will review the Project have been mitigated adequately and issue a decision on the appeal within 30 13. QUESTION: When is the project and the pre-project standard of living of days from the day it is received. If the expect to start? affected persons have been restored as a displaced people is still not satisfied with the result of the resettlement and project. ADB decision of the PPC or in the absence of ANSWER: The project is expected to will also monitor these activities in its regular any response within the stipulated time, the commence in December 2011. The updated supervision missions during project displaced people may submit his/her case to resettlement plan will require at least 4 implementation. Semi-annual reports of the the court. The resettlement committees months to prepare and site clearance is EMO will be disclosed to affected concerned will properly document all expected to commence in the 4th quarter of communities. complaints and resolutions. Affected 2011. Affected communities will be kept persons will be exempted from all taxes, informed of updated activity schedules from 15. If you have further queries and administrative and legal fees. displaced January 2012. suggestions, please contact us at: peoples may keep the SEU of the PMU informed of the nature and status of any 14. QUESTION: How will you know if Project Management Unit, Comprehensive grievances presented at any point during these undertakings are kept and the Socioeconomic Urban Development Project the grievance redress process, but the PMU objectives of this Project are met? Attention: Social and Environment Unit can not adjudicate on any of the grievances Address: raised. If efforts to resolve disputes using ANSWER: All project activities will be Phone: the grievance procedures remain monitored by: SEU of the PMU and by an Email: unresolved or unsatisfactory, displaced External Monitoring Organization (EMO). peoples have the right to directly discuss Appendix 2.6 105 106 Appendix 2.7 TERMS OF REFERENCE – REPLACEMENT COST STUDY PPTA 7516-SOCIECONOMIC DEVELOPMENT PROJECT I. The Project 1. The proposed Socioeconomic Development Project comprises of various subprojects of two cities and a town namely: Viet Tri City, Hung Yen City and Dong Dang. The subprojects include: (i) roads, (ii) solid waste management, (iii) border gate, and (iv) river embankment. Within the project scope of these subprojects are households that will be affected by land acquisition. II. Affected Persons 2. It is estimated that approximately 1075 households will be affected by land acquisition. There will also be some businesses that will be adversely affected owned by affected persons. III. Objectives 3. The team shall verify and establish compensation rates for land, structures, trees and crops to ensure that Project affected persons are compensated at replacement cost. 4. The team members will be composed of: (i) Representative from local authorities (land manager and head of village); and (ii) Replacement Cost Survey surveyors. IV. Approach 5. The establishment of replacement costs will be carried out based on information collected from both desk research and direct interviews with people in affected area, both those persons who are affected and those not affected. 6. Desk research will focus on relevant publications, materials of Government authorities, both at central and local levels. However, these materials will play the supporting role only. As the work is aimed at obtaining reasonable replacement costs for different types of affected assets, market evidences are the factors which most strongly base the formulation of these costs. Direct interviews with people in the affected area, both those, whose assets are affected by the Project and those, whose assets are not, will produce reliable data for establishment. V. Methodology 7. Methodologies to verify the replacement costs for each type of affected assets are described in the following parts. Sample sizes below are indicative and will be confirmed by consultation between the valuer and the resettlement specialists. Data collection 1. Land 8. The objective of this establishment is to determine whether the provincial prices are sufficient or not to purchase the same quality and quantity of land. The establishment of compensation for the loss of land is based on its market value. The best way to obtain this market value is to gather data of some sales of land, which have just taken place. However, the Appendix 2.7 107 transfer of land use right does not always go along with such sales, which makes details of such sales not recorded. The surveyors will make their best effort to collect those sales evidences to support the verification of provincial prices. In addition, information to base the establishment will be collected from direct interviews with owners of land in Project affected area, including those, whose land is resumed and those whose land is not. The interviews will cover the following issues: (i) The recent land use rights transfer in the area; (ii) The price, at which owners (affected and not affected persons) are willing to sell their land. 9. Apart from determining the rates for various types of land. The valuer also need to determine the transaction costs involved such as administrative charges, taxes, registration and titling costs. The valuer should bear in mind that when establishing replacement cost for each type of assets, transaction costs should be clearly specified and should be shouldered by the Project. Sample size: Owner of affected land: 5 households per ward/commune Owner of non-affected land 5 households per (adjacent to affected land or in similar area) ward/commune. 2. Structures 10. The objective of this establishment is to determine whether the provincial prices enable APs to rebuild their affected structures. The establishment of compensation for affected structures is based on the principle of replacement cost. The information to base the establishment will mainly be collected from direct interviews with parties involved, including owners of structures (both those whose structures are affected by the Project and those whose structures are not affected), construction contractors specialized in residential building. 11. The interviews will be conducted based on a pre-developed interview guide, which will cover the following issues: 2.1 Interviews with owners of structures: a. Construction materials: (i) Main materials they used for their current structures (ii) Type of shops where they bought construction materials (iii) Distance of transport (iv) Origin of the materials (local or overseas) (v) Costs of various materials. b. Labor (i) Who built the structures: owners themselves or contractors, if owners built themselves, they use their own labor or hire other people. 2.2 Interviews with construction contractors: (i) Main materials which are most used by the local people to build 108 Appendix 2.7 their structures; (ii) Costs for those main materials; (iii) Cost of labor; (iv) Average construction cost (cost per m2 floor) for different types of houses according to different categories; (v) Validation of provincial construction prices (cost per m2 floor for each category). 12. The structures will include but not limited to the following: (i) Houses (ii) Kitchens (in case they are separated from houses) (iii) Toilets, bathrooms (in case they are separated from houses) (iv) Any other structure associated to the house Sample size: Non-state owners of structures affected by the 3 households per Project: ward/commune Owners of structures not affected by the Project: 3 households per ward/commune Construction contractors: - Private construction companies/groups: 3 companies/groups - Shops retailing construction materials: 10 shop owners. 2.3 Other community-based development projects and other facilities (electric posts, water supply system, water pipes) For those facilities, the establishment will be based on the replacement costs. Similarly in the case of structure, cost to construct those facilities will be determined to see whether the compensation is enough to reconstruct them. Information to base the evaluation will be conducted with officials in charge of constructing such facilities to determine material cost and labor cost. 3. Trees 13. The objective of this establishment is to determine whether the intended provincial prices to be paid to APs are equivalent, lower or higher than the average market price. The basis of the establishment is to determine the average market price for each type of tree. The information to base the establishment will be collected from: (i) Secondary sources: Publications of National Statistical Office Publications of Price Committee (ii) Primary sources: Interviews with people who own the same trees in the locality. The interviews will cover: price, at which owners are willing to sell each type of trees. The prices for perennial trees will be differentiated by the age of the trees. Team will investigate the sales price of outputs of different type of trees in the market. Sample size: Owners of crops and trees affected by the Project: 10 households Appendix 2.7 109 Owners of crops and trees not affected by the 10 households Project: Market vendors: 5 persons VI. Establishment of Replacement Cost 14. Replacement Cost = Current Market Value + Transaction Cost 15. Apart from determining the rates for land and non-land assets indicated above. The valuer also need to determine the transaction costs involved such as administrative charges, taxes, registration and building permit costs. The valuer should bear in mind that when establishing replacement cost for each type of assets, transaction costs should be clearly specified to ensure that these expenses or costs are shouldered by the Project and should not be deducted from the compensation payment that each AP will receive. A separate section in the report should present how transaction costs are calculated. 1. Current Market Value 16. Based on the activities carried out: (i) present the methodology used, and (ii) prepare a table and discuss among the team the unit rates to be applied for the project. Government Rates Current Market Proposed Project Type (Date) Value Unit Rate Example Only Land (Agri-Category 1) Building Materials Cement (per bag) Wood 110 Appendix 2.7 2. Transaction Costs Asset Types of Transaction Cost Calculation / Formula Land Taxes Registration etc. House Building permit etc. * State administrative charges, taxes, registration, building permits, titling costs, etc.
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