H A T I N H WATER SUPPLY P R O J E C T PHASE 11 PROJ.ECrT M A N A G E M E N T UNIT

VOL. 2

WATER SUPPLY SYSTEM PROJECT HATINH CITY AND NEIGHBORING AREAS- PHASE II

RESETTLEMENT ACTION PLAN

NOVEMBER, 2008

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WATER SUPPLY SYSTEM PROJECT HATINH CITY AND NEIGHBORING AREAS- PHASE II

RESETTLEMENT ACTION PLAN

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SOCIALIST REPUBLIC O F VIETNAM INDEPENDENCE - FREEDOM - HAPINESS

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SUBMITTING AGENCY MAKING AGENCY PMU OF HATINH WATER SUPPLY COKSTRUCTION CONSULTANT

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TABLE OF CONTENTS I

TABLE OF CONTENTS .................................................................................................................... 1 .............................................................................................................................. ABRREVATIONS 3

CHAPTER I: PROJECT SUMMARY ................................................................................................ 4 1.1 PROJECT BASIS .................................................................................................................. 4

...................................................................................................... 1.2. TYPES OF INVESMENT 4 1.3. WATER DEMAND ................................................................................................................ 4

................................................................................................. 1.4. MAJOR PROPOSED ITEMS 4 CHAPTER 11: COMPENSATION FOR GROUND CLEARANCE ............................................... 7

2.1. ASSESSMENT ON COMPENSATION FOR GROUND CLEARANCE FOR HA TRVH WATER ....................................................................................................................... SUPPLY PROJECT 7

................................................... 2.2. LEGAL FRAMEWORK AND ENTITLEMENT POLICY 7 CHAPTER 111: SUMMARY OF GROUND CLEARANCE FOR EACH WORK AND THE COST ESTIMATE ....................................................................................................................................... 13

3.1. ASSESSMENT ON GROUND CLEARANCE FOR EACK WORK .................................. 13 3.2. SOME CONCERNED ISSUES ............................................................................................ 14

CHAPTER IV: MONITORING AND EVALUATION ................................................................... 17 4.1. MONITORING ..................................................................................................................... 17 4.2. INTERNAL MONITORING ................................................................................................ 18 4.3. INDEPENDENT (EXTERNAL) MONITORING ................................................................ 18 4.4. EVALUATION AND REPORTING ...................................................................... 18

CHAPTER V: INSTITUTIONAL ARRANGEMENTS ................................................................. 19 5.1. HATTNH PROVINCM PEOPLE'S COMMITTEE (PPC) .......... : .................................. 19 5.2. CENTRAL PROJECT UNIT (CPU) ................................................................................... 19 5.3. PROVINCJAL STEERING COMMITTEE (PSC) ............................................................. 19 5.4 PROVINCIAL PROJECT MANAGEMENT UNIT (PPMU) ............................................. 20 5.5. THACH HA DISTRICT PEOPLE COMMITTEE, HATRVH TOWNSHIP PEOPLE COMMITTEE .............................................................................................................................. 20 5.6. COMPENSATION COMMITTEES OF THACH HA DISTRICT AND HA TINH TOWNSHIP ...................................................................................................................................................... 20 5.7. AGENCY RESPONSIBLE FOR EXTERNAL MONITORING ......................................... 21

....................................... 5.8. PREPARATION OF SUBPROJECT RESETTLEMENT PLAN 21 13 5.9. SUBPROJECT APPRAISAL ............................................................................................... --

CHAPTER VI: PUBLIC PARTICIPATION, CONSULTATION, AND GRIEVANCE MECEiANISMS ........................................................................................................................................................... 23

............................ 6 . L OBJECTIVES OF CONSULTATION AND PCiBLIC INFORMATION 23 (3.3 CONSULTATION DURING PROJECT'S PREPARATION .............................................. 73 6.3. CONSULTATION PROPOSED DURING IMPLEMENTATION ..................................... 34 6.4. GRIEVANCE REDRESS PROCEDURES .......................................................................... I 6

CM ..I PTER VII: IMPLEbIENTATION SCHEDULE ...................................................................... 7s ' . I . INFORbIATION DlSSEMlNXTlON BEFORE DETAIL DESIGN ................................... 2 X - . 7 . EST.-lI3LISH CO~IPENS;ITI(SN C'OUNC'ILSICO~\~IR/LI?'TEES ....................................... 1s '..I. fR . - \ INING FOR KFSE'I'I'LEbI E N T STAFF ...................................................................... 3s - .A . I!PL).\TING COT\.lPl!NS.\ f1ON tt:\'I.ES ............................................................................ 3 Y

............................................... - . 5 . DE.T:\II.ED bIE:\Sl'RI'bItZN~I :\NL) CENSUS SI!RVEY 3s 7 . 6 . I'KI<'IN(; .\PPI_IC'.\ 1'1( ) \ : \ % I ) ('OI\lPENS;\I'IOfi 'I'O Dl'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3s - - . . . C'OhlI't<YS.~\'l'l( ) \ . \ \ I ) \ I . I . ( I \ \ . \\c'L'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Z X

7.8. BUDGET .................................................. .......................................................... .......... 29 APPENDIX ................................................................................................................. ................, 30

APPENDIX 1: DETAILS OF EVALUATION OF AFFECTED HOUSEHOLDS AND TOTAL COST OF RESETTLEMENT ................................................................................................................ 30 APPENDIX 2: RESETTLEMENT ACTION PLAN POLICY FRAMEWORK APPLIED FOR ALL SUBrPROECT OF VIETNAM URBAN WATER SUPPLY DEVELOPMENT REPORT, (CR. 4028) .................................................... .................................. .......... . . ............... . . . . . ......... 74

ABRREVATIONS

GOVN

IDA

WB

MOC

HWSC

PAP

CPU

PMU

PPC

DPC

CPC

PSC

DRC DB-TDC

VUWSDP *

IMO

RPF

RAP

Governemnt of Viet Nam

International Development Association

World Bank

Ministry of Construction

Ha Tinh Water Supply Company

Project affected people

Central Project Unit

Project Management Unit

Provincial People's Commitee

District People's Commitee

Commune People's Commitee

Provincial Steering Commitee

District Resettlement Committee Compensation and Resetllment

Viet Nam Urban Water Supply Development Project

Independent Mornitoring 0rganLation

Resettlement cornmitee

Resettlement Policy Framework

Resettlement Action Plan

CHAPTER I: PROJECT SUMMARY

Ha Tinh township is the capital of Ha Tinh Province, in the urb'an system, that are in "national

ulon. urbanization and urban development" plan for the whole nation and the Northern Central re,'

Along the National Road 1A and in the coastal region, there will be 3 urban center: Ha Tinh, Ky

Anh and Hong Linh-Nghi Xuan urban areas, in which Ha Tinh township is the main urban, motivates the ,

economy-social-culture development and the urbanization of Ha Tinh province.

In 1995, with the support of Australia government, a water supply system capacity of 11,000

m3/24h built in Ha Tinh townshlp and has been used since 1999. The existing system has worked well,

supplied water for most of the people in the urban and contributed to industry development of the

township. The structure s' quality and water quality meet requirements. However, for the rapid

development of the township, the scale of the system doesn't have enough capacity to supply. Moreover,

some problems of previous project need to be solved by making a new investment project.

1.1 Project basis The approval of the pre-feasibility study report of Vietnam Urban Water supply development

project PO73763 regarded to the approval by Government in Decision No 1109CP-CN dated 8/8/2004,

allowing Ha Tinh to make investment project of water supply system construction for Ha Tinh township

and neighboring areas phase 11.

1.2. Types of invesment I

The investment type will the combination of expansion and newly build.

In which:

- Intake : Newly build intake and raw water conveying pipeline.

- Water treatment plant : Capacity unchanged with some new equipment.

- Conveying pipeline : newly build lines to increase capacity

- Eboster station: Improve capacity and install new equipment.

- Distribution network : Newly build combined with repairins and standardizing existing

network.

- Implement loss prevention program.

13. Water demand

Crr.hun ccnd srrhrt,-bun (11-rcts.

- By 2010. population of the whole township is 100.000. includins 60.000 of urban area and

10.000 of suburban areti.

Water supply rate at urban area is 100";. suburban is SOC;.

- By ? O ? i population of the \\:hole rv\\~l.ship is 130.000 includinp 130.000 of urban ;u-ea ar l t l

-30.000 of suburban ;tr-e;t.

Water supply r:\tt: ;it i~rban area is 1OO'i . ~ L I ~ L I I . ~ ; ~ I ~ i h S O r ; ,

1.4. hiujor proposed items - I\.'~/ICJI. . i o / / / . < , c J . 1111~1/~1, C/IIC/ C . O I I \ . ( , J 1 1 1 : ; , , ; ~ ~ , / I I I ~ ~ . ~

Water from Boc Nguyen reservoir was proved by previous projects to be good in quality, stable in capacity

and cheap in transporting. It's necessary to build a new water intake and new conveying pipklines to

ensure the intake capacity and raw water quality.

- Improve some works in the existing trearmenr plant

The existing plant has the capacity of 24.000m3/day, treatment technology meets the requirement

of the project; it's only needed to replace some broken-down or old equipment of chemical line,

repair som structures in the territory of the plant, repair management house.

- Warer conveying pipelines from treatment plant to Dai Nai boosrer station

In the future, a new pipeline will be required for the increased demand. But there will be no room

on the road section to place a new line.

A cast iron a600 x pipeline will be placed beside the existing 2 lines, flowing by gravity.

Level of land at the treatment plant: +12,00m

Highest water level of filter tank +15,00m

Highest water level of storage tank at Dai Nai booster pumping station: +3,OOm

Conveying distance: 7800m

- Supply network

Currently, many suburban areas have not had water supply systems. Those are: Thach Dong, Thach Mon,

Thach Hung, Thach Binh, Thach Linh, Thach Trung, Thach Ha. Some precincts must have general

pipelines installed, such as Tran Phu, EBc Ha, Tan Giang, Dai Nai. It 's necessary to improve main

conveying pipelines from booster pumping station to ensure the pressure and flow needed of the system.

Two objectives need to be done in the project: construct pipelines for new supply areas, and

improve the effectiveness of existing network.

- Dai Nai booster sturion.

The existing pumping station is still in good operation. However, to be suitable with future condition and

not effect to the process of water supply for Hatlnh town during implementing the project. it is

reccomened to improve the station to have sufficien capacity including expanding the current station and

install new pumps. Make i~sc of the 2 old pumps in the new system as standby pumps and rotated in

operation. T ~ L I S , the new pumping station needs to install 3 new pumps, lvithout any stanby pump. ' h e

station will have 3 pumps in opration and 2 pumps in stanby. The alternative is suitable for cspansion

plan in the future.

- S f o i . c ~ g r v t u ~ i k ur Boosrei sruriot7

Currently. the total \'olume of stclrage tanks here is 3000rn3. does not cover the rcpulatinp \:olume of

expanded capacity of 24.000m3/24h. Therefore a n r a storage titnk with the \,olume of 2000m3 must be

built. The total \.olurnr ~ v i l l be 5000mj. bati.;f!in$ ?Or; of rhc mils n.;~tz~- clrrna~id of ;I cia!).

- . L / ~ , ~ / . v / / I . ~ . \ 1 0 ; / l ~ ~ l . ( , ~ l . s L , .\~\,.SlLJtIl ( ~ L / / 7 L / / ? ; / ; t \ ~ c / l l ~ / /O.\..Y 111 ~ , \ ~ l , l l i ; o

( / / / / l / ) / ~ l l \ ~ O i i l l / i i ~ l ~ ! c i l 1 l ~ i l i . Y ~ . S l ~ ~ t l l

11. / I / ( . I . P C I . Y O / ) I . O / I ~ / : < ~ I I U / L I ~ / i ~ i / / ~ 1 1 b / i i . I / I ~ ~ I I ~ / L I / ; O I J

; . / ~ ~ ~ / . > . I l / ~ O . \ , 1 t ' I o c < I / l / l l t / l o i ~ ; l ; ~ ~ s .

d. Water price policy

e. Survey, research and complete the map Tor assessment offactors of each local supply area.

g. Improve and purchase specialized equipment for leakage detection and repair on the line..

e. Improve Boc Ngziyen dam

Including: Lay bricks on dam slope C, lower crest level and spread grading stone on dam face,

build breakwater wall, prevent seepage, install new bottom valve upstream of culvert.

CHAPTER II: COMPENSATION FOR GROUND CLEARANCE

2.1. Assessment on compensation for ground clearance for Ha Tinh water supply project Hatinh water supply project phase I1 is based on the previous phase I of the project in 1997, almost works

of the phase I1 have been scheduled in phase I, therefore compensation and land acquisition can be

summaried as follows:

Pipelines will be constructed in the areas of 3 communes of Thach Ha district, 6 precinct, 6 communes of

Hatinh township, there will no requirement for rehabilitation, because when constructing pipelines, lands

wdl be only temporarily acquired (during construction), not permanently and all houses and architectural

structures of inhabitants will not be demolished.

PAPS are people living in a wide region with 3 communes of Thach Ha district, 6 precinct, 6

communes of Hatinh township, thus member of Resettlrnent Committee must involve officials of many

localities.

There will be no work that need displacement and resettlement of PAHs. Households need to be

cpmpensated or assisted include:

- Households whose agriculture land is temporarily acquired

- Households with garden land temporarily acquired.

- Compensation for archlrectural structures on land such as fence, concrete yard, gate.

- Compensation for trees and crops on temporarily acquired lands.

- Compensation for shops and inns o

- Production assisstance for agriculture household whose crop is affected

2.2. Legal fhunework and entitlement policy

2.2.1. Laws, Decrees, and Circulars applied - Constitution of the Socialist Kepublic of Vietnam dated 15/4/1992.

- Land law dated 14/7/1993, modified on 2/12/1998 and 1/10/2001. New land law dated

2611 1/2003, becomes effective from 1/7/2004, replacing land law 1990. - Decree No 87/CP dated 17/8/1994. fixing prices of all land types and compensation for

each when acquired by the State. - Decree No 60/CP dated 5/7/1994. regulating the property ownership and right of using

urban land.

- Decree No 91/CP ( 1994) regulating urban plan manasement.

- Decree No 89/CP. approved on 17/Y/lC)94. regulating land using payment and fees for

making legal of lanil using riplith. - Decree No 64CP dated 27/9/lc)03. 1.eydutinp con\.ersion from ny-icultural land illto

residential land.

- Decree Yo ?7/CP clatecl 'Ji-li!C!C)S. ~.t.~ulatinp compensation ~tncl nllo\\ances \.\.her1 I ; ~ ~ : c l i

arc acquirecl fol' ni~tional 01. I N I I ~ I C tntc.l.e\ts: instl-ucted nt c i r c u l ~ ~ ~ I -Ci/lC)98/rl'-I+'I'(.' 01 rhc

Xlinistr! o f I-inancc.

- Decree N o 17/CP dated 4/5/2001/ regulating ODA management and use

- The approvu of the pre-feasibility study report of Vietnam Uiban Water supply

development project PO73763 regarded to the approval by Government in Decision No

1 lO9CP-CN dated 8/8/2004.

2.2.2. Compensation poiicy

a. Project affected people (PAP)

Affected people will receive compensation from the project are:

- People whose houses and property are affected, temporarily or permanently, in part or in

total by the project

- People whose agricultural or residential land are affected, temporarily or permanently, in

part or in total by the project

- People whose business are affected, temporarily or permanently, in part or in total by the

project - People whose crops and plants (perennial o r short-day) are affected, temporarily or

permanently, in part or in total by the project.

b. Resettlement principles

The principles of resettlement of the project:

Mitigate people's lands and property acquisition.Everyone whose life, work, business or farming will be

affected when his land is expropriated, will receive compensation to improve or at least restore his life

standards, income and production. Having no rights to use their land does not mean that they will not

receive that such compensation.

Compensation measures are as follows: - Compensation is at replacement cost without deduction or depreciation of salvaged materials of

houses or other structures;

- .-\gricult~~ral land will be compensated by land with similar productive capacity, which is suitable for

the affected person; - Rcplacz I-csidential lands with lands (if possible) with similar area, suitable with affected people - Subsidize to restore their source of income or means of subsistence. - Lands used to compensate for agricultural lands and residential lands should be as near the acquired

lands as possible. The land must be satisfactory for the people. If the area of acquired land is

small iless than 209 of total area of house). it can be paid in cash if that is szlectio~i of affected

peoplc. or if there is no land availitble for land colnprnsatiun

- l'hc reseltlement transition prrioci rnmt he shortened to the minimum. And affected people rnust

~-scri\.e ~.esettlemcnt supportin9 n1e:~surc~ rno1.t. rhan I mu~ith bsfol-t. the \vork takts place at the

lucat icm. - . \ l'kctecl peoplc nus st contribute 10 pli~r~nir~y 1~ i~cclu iring land iincl other propel-ty. propci.al (11' ;!

\olut~r!n tu resettlctment. to rnakc tlic r.c\cttlc~nc'rlt \ ~ I ~ ~ ~ ~ C I L J I . ! 11s e\.er\'o~irr. ;\ffected people \ \ i l l

~.cc.c'i\.c tlieil- Ieyl ilitert.\l\ n1ol.e [halt I i \ ! < 1 1 1 1 l i I ~c l i )~ .~ , 111~. i \ o r h o lit., place at ~ h c Icic.;l~iorl.

- Public services or resources must be preserved or improved.

- Budget for land compensation add resettlement must be prepared in every part of the projict.

Conditions for resettlement must be in advance when needed.

WB will not approve contract of any project using the loan when compensation hasn't been completed and

resettlement budget hasn't been f m l y prepared before the execution. Affected people's rehabilitation

assistances must be ensured more than 1 month before the work takes place at the location.

Authorities must ensure the effectiveness and timeliness of design, planning, consultation and

implementation of RAP.

Independent evaluation and monitoring mechanism must be defined as part of the compensation

management system. The assessment of land acquisition process and final result of the project is made

independently with authorities

c. Compensation for Permanent Loss of Agricultural Land

The general mechanism for compensation of lost agricultural land will be through provision of "land for

land" arrangements of equal productive capacity, satisfactory to the PAP. If land compensation size is

smaller or lower quality, PAPs will be entitled to compensation on cash equivalent the differences.

However, if land is not available or the PAPs prefer to receive cash compensation, then the

following applies:

Legal and Iegulizable land users: e

(i) if the portion of the land to be lost represents 20% or less of the total area of the landholding, and the

remaining land is still a viable economic holding, cash compensation for the lost area (or for the entire

affected plot if the remaining area of the plot is not economically viable), at full replacement cost, may be

provided to the PAP, or

(ii) if more than 20% of a household's agricultural land is acquired, then in addition to cash compensation

at Cull replacement cost for the lost area (or for the entire affected plot if the remaining area of the plot is

not economically viable), the Project will provide a rehabilitation allowance of value not less than VND

3.000.00(l/H El

C'scrs wirh IL ' I I I I )OI.UI.~ 01- I ~ U S L ~ riylrn r o use Iutid:

The PAPs will be compensated at the amount corresponding to the remained investment in the land.

Lurtcl 1Isrr.v Wirllollr /.rcogni:c.d Riglrrs ro l!sc~ Lcitrcl

( i ) In lieu ot' compensation for land, the P.APs will receive assisti~nce corresponding 604 of land

replacerncnt coht.

( i i ) For poor and \wlnerable. .ie\'erel!. affe'rctecl fi~rrnel-s. ilicluding landless. as priority. a

rehahilif;~tio~i/t~.i~ining ahsistitnce not less than 3.000.0(X) VNDIti tI \\ i l l he I>I-OI icled tu ensure the P.-\Ps .\re

~ h l c ;) I I C . I \ I 10 rcstol-r: or impnn.e their income Ic\ els ~ t r ~ t l li\.ins starldnl-cls.

111 L.,I\c' ,.'.!Ic~: :!IC ;~ t ' kc~ t '~ i ~ ~ ~ S U I I S i~ t i l i~es the lx~hlic 1i11i~l (of liigli[ of \V;I!. OI. ill P~.otection areas of

l i \ t I ~ - . ~ ~ ~ l i ( I ~ ; I [ s~~h . i~c t s IO be reco\'ered 11ndc.r the 1)rojr'c.t. i ~ i ~ l i c.~~nili~ion> to I.ctLlrn. OII rzcl~~est. the

land to the Government, they (PAPs) will not be compensated for this public land, but will be ' compensated for crops and trees at full market prices. '

(b) PAPS will be compensated for the loss of standing crops and fruit or industrial trees at market price.

Productive trees will be compensated at replacement cost.

d. Compensation Policy for Residential Land

PAPS are entitled to follows:

PAPs losing residential land wirhour srrztctures:

Compensation for loss of land in cash at replacement cost

PAPs losing residential land wirh structures brtilr rlzereon and the remaining land is sufJicienr ro rebuild

on (reorganizing PAP):

According to general policy on compensation for residential land, the acquired land will be

substituted by an equivalent piece of land. If no land is available for substitution, the affected people will

be paid in cash, as follows:

(a) compensation for loss of land in cash at replacement cost to the legal land users;

(b) Compensation for affected structures at full replacement cost.

(c) If house/structure is partially affected, repairing cost to restore it to former or better conditions.

(d) If PAPS have to rebuild the main house, they will receive: (i) transportation allowance not less than

500,000 VND/HH to move their salvaged materials, assets ...; (ii) subsistence living allowances equivalent

30 k ~ o f rice per each HH's member per month for 3 months; (3) Incentive bonus if the households

demolish house/structures and transfer the acquired land to the project on time according to the project

resettlement schedule; (iv) Special social assistances more than 1,000,000.00 VND if they are currently

receiving social assistances

e. Compensation Policy for Loss of HousesIStructures

I. Loss of'House.siSnrrctrtr.es:

PAPs losing houses and/or other structures will be entitled to the following:

( i ) Compensation in cash for all affected structures will be provided at lWUc of the full replacement cost

of housc/srri~ctures affected for materials and labor. The amount will be sufficient to rebuild a structure

the same as the former one at current market prices.

( i i ) If houselstructure is partially affected, the Project will provide a hou.se/structure repairing cost. in

addition. to PI\Ps to restore i t to former or better conditions.

( i i i ) Compensation nnci assistance will be provided in the folm of cash. No deduction,, \\.ill be rnacie for

depreciation or sal\ragenble materials.

( i v ) The calculation OC rates will be bitwd on the actual affected area itnd not the i[se:\t.le are;i.

2 (;l~'/l~os

C o ~ n l x ~ ~ s ~ t i o n c o \ ~ 1-01. 91.;1\e4 IIILISI he remo\,ctf inclt~deh ~ 0 5 t h ofr.ucit\.atiorl. reIc>u;ttioll. ~.cl>c~l.i;~l ;illcl other

rr1atc.d co\ts. ('a.\h :~ I ' i~c . r~~ : lx .n \ ;~ t i c>~~ \ \ . i l l he paitl for each Iiuuscholcl ;~ffei~cd.

.;. l-c~~~ltll/.\

Who have leased a house for residential purposes will be provided an assistance equal remaining renting

contracted valLe, but not exceeds renting value for three months. and transpoitation allowance for moving

assets, as well assisted in identifying alternative accommodation.

g. Compensation for loss of Standing Crops and Trees

For annual and perennial standing crops, regardless of the legal status of the land, compensation

will be paid to households who cultivate the land, according to the full market value of the affected crops

and/or at replacement cost for affected perennial trees.

h. Compensation Policy for Loss of Income and/or Business/Productive Assets

The mechanism for compensating will be:

(1 ) Cash compensation for the loss of income during the transition period, equivalent average monthly net

income at least for three months;

(2) If businesses or productive assets are affected. cash compensation for lost business structure/assets at

full replacement cost for legal owners, without depreciation and deduction of salvage materials;

(3) If the business has to be relocated, then, a provision of alternative business site of equal size and

accessibility to customers, satisfactory to the PAP, or, in cash for business affected area at replacement

cost. plus transportation allowance to remove movable attached assets.

i. Temporary Impact During Construction

For temporary loss of land and properties. PAPs are entitled to follows:

For arable land thal will be temporarily affected: . (i) Compensation for one harvest of crops/trees at full market prices

(ii) Compensation for loss of net income from subsequent crops that cannot be planted for the duration of

project temporary use, AND

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

cases of land being adversely affected or acidified, AND

(iv) If the duration of project's use the land exceed more than two years, then the PAPs have option to: 1)

Continue using land, OR. 2) "Give it to the Project and be compensated as permanent loss

For temporary loss of residential Iund:

( i ) Compensation for all affected movable properties at full replacement cost.

(ii) Restoration of land to its previous or better quality.

For tetnporcrry itnpnct 011 business:

( i J Compensation for temporary loss of incane. eclui\.alent an a\len\pe monthly net income for the duration

of projrc~ temporary use:

( i i ) (..on~pens:~tion for :\I1 ~tffected n~o\.:~ble pt.opt.r[ies at fi l l1 rrplace~nsnt coxt.

( i i i ) Krstoration of Iittlcl to its prcl\,iou IN. bcttcr q~lalit!..

For d ~ ~ t t ~ u g e s cuiise(1 IJJ L ~ O I I ~ I - ~ ~ L ~ ~ O I - S to p~*i~,ilte o ~ ~ p ~ i l ~ l i c Y ~ J - I ~ ~ I I I I - ~ S :

I)i~~nagccl ~rol~et.~!, \ \ , i l l hr rt'\tor.c'cl I)!. ~ , ~ I ~ I I . . I L I < , ~ . ' ~ i~i~t~ic'~li;~tel!.. ~~t ' t s~ . c~tnp(eti(~tl of i . i \ . i l \\.OI+,\. t r \ 11,

l ~ 0 1 ~ l 1 1 ~ l ~ ~ . ( ~ ) l l ~ I i tilU1.

CHAPTER 111: SUMMARY OF GROUND CLEARANCE FOR EACH WORK AND THE COST ESTIMATE

3.1. Assessment on ground clearance for eack work Intake and rawwater pipelines ,

The intake is constructed on the reservoir, under the management of the water supply company.

However, there must be detail solutions during design and execution to the security of later execution

section and the safety of water during supplying water for the town.

. The raw water pipelines go through an fallow mountainous terrain but it's necessary to talk with the

traffic branch to avoid installing pipelines in planned roads areas.

The treatment plant

The existing area covers 3.5 ha. The phase 2 was mentioned when the phase 1 was designed by the

Water supply Company therefore, there is no obstruction on the plan. However, the improvement of

technical pipeline and the auxiliary facilities will cause effect to operation of the existing line. The method

of demolishment of the existing items when the new one is completed and operated should be indicated in

the design document. The solution to each work item to be replaced will also mentioned in the design

process.

Conveying pipeline D600 from Boc Nguyen treatment plant to Dai Nai booster station

* This pipeline will be located near the construction landmatk -about 2m from the existing pipeline of

0375. Therefore. legal agricultural lands in the plan of 5,000m pipelines and legal residential lands in the

plan of 1,800111 pipelines will be acquired on the total length of the line of about 7800m.

Dai Nai booster pumping station

The area of Dai Nai Booster pumping station is large enough to cover 01 new pumping station and 01

tank of 2,000rn3. It is necessary to design the method to connect these work items to the existing one in a

manner not to affect to the water supply.

Pipelines in the system

Pipelines in urban area will be constructed along streets so it does not need to acquire land. but there

must be permission for digging roads, pavement and all must be restore the status cluo. There are usually

many underground structures such as the cxisting water supply and drainage pipeline. cable system,

electric cable, plants etc. without comprehensive planning on streets. Rloreo\.er, traffic in dense populat~on

;\re2 ..vill be ;i prohlein rluring execution. Contractor \\.ill be required to h;l\.s suitable method folloiv

instruction to mitisate en\'ironment impact.

Pipeline5 in subu~.b;~n area ;ire easier to cleiuing nrchitectul.s structures. but the u.0r-k InLl5t be carried

out L>II LI \itc \\.hcrc the p;i\'slnrnt ~ I ; I I I isn'l completel! clzn~.ctl. So~nc ro;1~1> arc: h;~\.ing cliCfic~~It>. il l

con~pci\sttic)~~. t I i i ~ \ ~ h s L . O I I \ ~ ~ L I ~ ~ ~ O I I ot' pipelilws ex;~c[l! ;I5 ciesig~~ \\ , i l l be l ~ i ~ ~ ~ l ~ r c ~ l . l'lic ~ I X ~ > I ~ I I I I T I L I . S ~ k

r t ~ i u - d t x l as i ~ . ~ ~ i i ; ~ l i ' o ~ 111e ~~ro jc .c~ ' \ ieaiibilit!. -fhrl.r. InLiht hc co~~trihut~on troll1 ;~~~tiiol.~tii ' \ '11 '111 Ieic1 ~ 1 1

lhr: IOcilIiti~' \ \ ~ c I - L , lllc I l l l t . \ go 111l.Ollgh.

3.2.2.m concerned issues

Land acquisitions of the project are mostly temporary, lands acquired are agriculture lands, crop

lands, gardens with apartments, shops and inns. The PAHs will be compensated as indicated above.

However, there are some work need to be done:

1. Cost for restoring land after construction for crop lands, agriculture lands is estimated with

m2 unit and paid by the investor with other compensation costs. PAHs must restore the

lands themselves with the received compensation.

2. 3 PAHs will have their houses affected, but based on the survey, these households can

rebuild their houses on the remaining lands. Compensation must cover the expenses of

them to rebuild the houses as the previous condition. Moreover, assistance money will be

given to them to relocate the living place.

3. PAHs whose agriculture lands or crop lands are affected have less than 30% of their lands

affected, and will not be severely affected to their life. Therefore, no assistance is required.

SUMMARY OF COMl No I Type of loss * I Applicati

SNSATION FOR GROUND CLEARANCE

Arable land

PERSON

Legal user Less than 20% of

HH's total land

volume

DEFINITION OF

ENTITLED

cquired land at 100% of replacement cost,

Compensation for

and crops

COMPENSATION POLICY

-

G G G G - - + ~ ~ compensation for

uni t

holding

structure s built

affected land.

1 therein

land at 100% of replacement cost.

Shops and inns

need

Reorganizing PAPS.

replacement cost and Compensation for

M2

rebuild

32.433

compensation for land at 100% of

affected structures at I

' 7 replacement cost - 100% of replacement cost

Owner House, rebuild on the remainin ,o land

Fence Owner 100% of replacement cost

~p

100% of replacement cost

Concrete Owner

and trees affected. 'Trees

Com~nunit y Asphalte 1 cl road

1 Undergr

cable

Power line

Informat

Owner

I ion cable

30 Restore

pole

Owner

Owner

Compensation for impact

Owner

SUMMARY OF PROJECT IMPACT I I 7

Compensation for impact

Owner

m

Restore

150

m

Compensation for impact

NO

1

400

tree

PAHs with agricultural, arable lands temporarily acquired (<20%)

400

m

TY pe

Number of PAHs

546

3

4

126

5 6 7

Unit I Q ~ Y -

PAHs with house affected, rebuild 100% on the remaining land (shifted on remaining land) . PAHs with shop effected

HH

3

50 PAPS forced lo change job PAPS whose yard, road, fence, tree are affected

546

- 320

Poor PAHs 20

SUMMARY OF COMPENSATION COST

Assistance for restoring agricultural and m2 arable lands temporarily acquired / 1 42.400 1 15.000 / 636,000,000

I

No

I

2 3

4 5

Unit Item

Direct cost

6 7 8 9

(<20%) Crop compensation (m2)

Tree compensation (tree)

Relocation cost (person)

Occupational assistance

10 1 1 12

n

111

CHAPTER IV: MONITORING AND EVALUATION

Amount

Infracture Structures Fence (m) Temporary houses, shops and inns (m2) House rebuild 100% on remaining land

IV

4.1. Monitoring Monitoring is a continiloi~s process of project ilnplementation evaluation. related to iinanimous

schedule. input usage, infrastructilres and services. Monitoring provides ;ill stiikeholders with continuous

feedback on i~nplementation. It identifies actual or potential successes and problems as early as

possible to facilitate timely correction during project oprration.

Monitoring has two purposes:

- To verify that project activities have been effectively completed includin~ cluantity. clualiry. iind

timeliness.

- To assess whether and how well these activititt are achie\.ing the st~ited goal and purpose of the

Project.

Regular monitoring ol' the K.\P ~m~leiiient;ition \\,ill be conclucterl b the i r n p l c r ~ l z n ~ i ~ ~ ~

apencie~ (I'hll: ;rnd PS<'s] ;IS well h an illclcpendent este~.ni~l monitorinp orpanir;~rior) hi~.c.tl hh [tic

PC'[ ' .

m2

tree

HH Person

Concrete yard Life assistance Life assistance for relocated households

Implement management cost (5 % direct cost)

Supervise cost (3% direct cost)

Unit price

m rn2 mZ

Spare cost 10% (I+II+III)

Total (I +I1 +I11 +IV)

Total

4,630,000,000

42,400

3,180 0 0

mZ HH HH

---

Dk 950 410 150

10,000

100,000

1,200 43 3

424,000,000

318,000,000 0 0

300,000 1,000,000 3,000,000

1,927,000,000 285,000,000 - 410,000,000 450,000,0001

30,000 3000000

5,000,000

.

36,000,000 129,000,000 15,000,000

231,500,000

138,900,000

4 6 Internal Monitoring Internal monitoring of the implementation of the project RAPS will be the responsibility of

implementing agencies, with the assistance of the project consultants. The implementing agencies will

oversee the progress in resettlement preparation and implementation through regular progress reports.

Implementing agencies collect information monthly from various Compensation Committees. A

database of information about resettlement monitoring wlll be maintained and updated monthly.

The implementing agencies will send to PCU a report about banking situation. The report should

contain:

(i) Number of PAP by type of loss and compensation, relocation and rehabilitation schedule by each

component.

(ii) Budget allocated to project activities or compensation and disbursement amount for each

activities. .. (iii) Output of grievance and redressing requiring solutions of authorities concerned (if any);

4.3. Independent (External) Monitoring - Purposes: The general objective of the external monitor is to provide an independent periodic

review and assessment of achievement of resettlement objectives, the changes in living standards

and livelihoods, restoration of the economic and social base of the affected people, the

organizational effectiveness, impact and sustainability of entitlements, the need for further mitigation

measures if any, and to learn strategic lessons for future policy formulation and planning.

- Responsible organization: According to the requirements of the World Bank, PCU will hire an

organization for the independent monitoring and evaluation of RAP implementation. This organization, to

be called the Independent Monitoring Orzanization (IMO or TMA) is specialized in the Social Sciences

and experienced in resettlement monitoring. The IMO should start their work as soon as the updated RAP

have been approved.

- Indicators of monitoring and evaluation: Following indicators will be monitored and evaluated by

IMO:

(i) Affected persons should be monitored regarding restoration of productive activities.

(ii) ' h e level of satisfaction of PAPS with various aspects of the RP will be monitored and recorded. The operation of the mechanism.\ for grievance redress. and the speed o f ~rievance

redress will be monitored.

(iii) Throughout the implementation process. the trends of living standards will be observed and

surveyed. .Any potential problems in the restoration of living standards will be reported.

4.4. Evaluation and reporting Evaluation is conducted at reg~~lated tirne. about resettlement impact anct achieved objectives. IhIO

will carry out ;in e\laluation of rrse~tlement process and impact 6 to 11 months after completion of ;ill

resettlenirnt ;wtivities. usin? cluestions and samples 11setl in monitoring. - The bIO is required to hub~nir firlcliilp\ of inonitoriiig process periodically c~licc: b moths.

These ~nonitorinp repol-ts n.ill he s~~hmittecl lo P('Ii. and hen n.ill bc submitted to LVB iri the

for111 of apperldiu of ivclrk [ ~ r o ~ ~ . c . s ~ rr.l,ol.r.\lorlito~.ii~g I-eportb ~ v i l l be cii.sc.ussed in meetings of

L . 1 0 , PC'CJ and iniplemenrirl~ ;~ger~cie.;. hcltl r~gllt ;itrcl. \ubrnission of (112 report\. l-'ullc)\\.ing

;~c[i\,i[ies will be inlplrrne~l~ed Il;~sccl 1 ) 1 i i l i l ' l ' ic~ul~i t . \ ,111~1 problems inrliciitcd i[l the re pol^\ ~ ~ n d

incdinpx.

CHAPTER V: INSTITUTIONAL ARRANGEMENTS

5.1. Hatinh Provincial People's Committee (PPC) The PPC is the Executing Agency (EA) responsible for overall implementation of the project,

including implementation of RAP. The PPC is responsible for following project's approved by Prime

Minister Abbreviation Resettlement policy framework (ARPF) for as a condition to participate in the

Project. It is of the highest administrative level the body responsible for approving Abbreviation

Resettlement Plan (AW) for its project, including compensation rates and rehabilitation assistances

measures for PAPs. The PPC is also responsible for allocating local budget for compensation and

resettlement.

After detailed engineering designs completed, the number of PAPS will be checked and the unit

compensation prices of various categories of loss and rehabilitation types wdl be updated, based on the

result of replacement cost survey made in the process of implementing the project. After ARP of the

project is approved by WB, the PPC will be responsible for directing and supervising ARP implementation, including making speedy resolution of any grievances voiced by PAPs or towrddistrict

authorities

5.2. Central Project Unit (CPU) For overall project coordination, a CPU under the central government will be established. The unit

will have 2 responsible officers, fluent in English and other administrative officers. The CPU is

responsible for overall project, including liaison between the Government and project PPC and the WB. Specific resettlement responsibilities of the CPU are:

( I) Submit resettlement plans approved gy PPC to W for approval.

( 2 ) Implement ARPFs and IWS of the project

(3) Consolidate project progress reports on compensation, resettlement and land acquisition for

the Ministry of Construction and WB.

(4) Consolidate project accounts. and reviewing audited accounts.

( 5 ) Hire and monitor consultants, including independent organization monitoring resettlement

activities.

53. Provincial Steering Committee (PSC) .-\ provincial steering committee (PSC), on behalf of the PPC, will have overall responsibility

for project implementation. The PSC consists of the PPC c h a i r ~ r s o d v i c e - ~ ~ ~ i r p e r s o n ; directors/deputy

directors of provincial line departments including departments of Construction. Finance, Planning ;lnd

Investment. DONRE: chairpersonjvice-ch~~ivrson of the DPC, chairperson of the Provincial Women's

[Jnion. ancl manager of the Project Management Unit (PkIU 1. Key re.\ponsibilities include follows:

( i ) .-\.,hist the PIYI re\.iew the RP ~pdi~teci by the PkIlJ \\.ith reviszcl cornpenslition rates bascd on a

replacement cost sur\,ey.

( i i ) .\d\.i.;e PPC to issue decisions on ucclulsition :lnd i~llocation of lunci rrcluirecl for cievrlopment of

\uhpro.jc'cr coniponents. including allocation of land to pwr ;\nil \~i~lnc.l:~hlc DP4:

i i i i I \ c l \ I \ C lJI'(' to i~ppco\-e resettlcmcnt hildgrt and c.nsu1.c. tln~cl!- tli\lwr\c.mtsnt ot f u n d :

( i \ . ~ \ ( I \ I \ L , 1 '1%' 10 re \ , ie \~ ~ I I I C ~ itpprove re~ettlcnic~~t ~ I ~ I C L I I I I ~ . I I L . \ \ ~ ~ h ~ i i i f [ ~ ~ i L y . Ph I[ ' i~)u it5 :it~pro\~~d:

I \ I , \ ~ i \ I\L, l ' l J [ ' ;111<l Ph,lL: on \\:;I!< to ~-ecl~-cs.\ L I I I C I resol\e ;\[I>. I l l ' \ ~ I . I L , \ ; I I IC~ ' . \ ~ l i i i t I I ; I \ . ~ ~ C I I ;ippei~Ieci to

l'l'( ' J I I I I !~:~CI~' I I I llP.\ grie\.i~~ice\ 10 the ;~pprc~pri;\tt cti;i~i~iel\

5.4 Provincial Project Management Unit (PPMU) The PPC will set up PPMU in water supply companies of the provinces, for daily project

implementation, including RP. It comprises technical, institutional, social and resettlement, administrative

management, and accounting divisions. The PMU will be responsible for the following key resettlement

activities, not limited to:

(1) Update RP of project at time of project implementation when detailed design will be available,

and submit the updated RP to PPC for approval.

(2) Co-ordinate project execution activities and land acquisition activities.

(3) Start and speed up the implementation of informing campaigns, preparing and distributing Project

Information Bills (PIB), and consult with PAPs according to instructions of the project. The committee

takes the main responsibility of preparing documents, charts and other relevant terms, and can

commission someone to do it if needed.

(4) Develop the mechanisms through which resettlement disbursements and compensation payments

for PAPs will be made. Prepare any relevant documents that may be required;

(5) Coordinate with other departments for effective implementation of the RP approved under the

project, and in compliance with the resettlement principles and objectives of WB. Ensure proper

implementation of rehabilitation measures and supporting activities;

(6) Ensure timely disbursement of funds and resettlement budget allocation for compensation

payment and rehabilitation assistance for PAPs. Coordinate compensation payment for PAPs.

(7) Apply accounting and auditing mechanism to resettlement activities. Prepare and submit periodic

progress reports of social conditions of structures and the process, of implementing resettlement plan to

PSC and WB.

55. Thach Ha district People Committee, Hatinh township People Committee Responsible for identification of land and structures and appointing members of the DRC and

assigning functional tasks for the DRC.

5.6. Compensation Committees of Thach Ha district and Ha Tinh township The resettlement committees will be established in line with arrangements outline in individual RP.

Each will appoint its members and a chair. The resettlement committee will work closely with the PMU on all resettlement-related issues. The DPC chairperson or vice-chairperson will ilct as the resettlement

committee chi~irperson, and representati\,es from district departments. including conbtruction, planning

and investment. land use management, urban management unit. members of mass organization.

representative of PAPS. and other members its required. .A PhlU's staff should be a member of District's

resettlement committee, unless otherwise requested. The resettlement committee will assist

the DPCIPPC in clecision-makin2 on resettlement issues. Key responsibilitirs of DRC are follo\vs. not

lirniterf to:

( I ) Planninp 2nd implementation of for all rescttlelnent activitish in their district\:

t 2 ) Finding ~lclequate land for intlividu;~l relocations

. Heins les(~clnsihle for DhlS. t'irli~lizing colnpens;\tion f ~ ~ i i i . prcpitl-ins comlxn\ution charts !o sirhltlit to the t'P(' ~ O I . i~l,~~l-o\.;tl and cool)cr;tte \ \ ~ i r I i PPhIL! f o r rfeli\.~.~.!. of coml~c.n.w~ion to P.4I'\ 01. L-;LI.I .~

out the pa!,menl to P.-\I,\ i t dele~:r~c'cl:

141 l<\ l ;~l~lis l l i~l~ I I I \ J ~ C C , ~ O I . \ 1 0 rcci~.ss.~ P.-\P\ ~ ~ I C \ ; I I I C ~ S 011 ~.c'\c~tlc'~~ic'~ll ~)olicic\ : 1 1 1 < 1 L ~ I ~ ~ I I ~ C I I I ~ I I L S ;

( 5 ) Establish (if required) commune compensation committees (CRC), and direct their activities

during resettlement implementation; *

(6) Pay special attention for special groups (minority ethnics) and vulnerable people (children,

olds, households with female householders)

(7) Cooperating fully with the external monitoring organization

5.7. Agency Responsible for External Monitoring One agency or institute, specialized in social sciences must be identified and engaged in order to

carry out socioeconomic surveys, monitoring, and evaluation of RAP implementation for the Project. The

PMU will sign contract with the selected External Monitoring Agency (EMA or, in other words, LMO -

Independent Monitoring Organization). External monitoring cost will be included in the project's cost.

The IMO will submit periodic reports on the implementation process and make recommendations

regarding the issues identified

5.8. Preparation of Subproject Resettlement Plan Preparation of a sub-project must have participation of public and must be analyzed on many

aspects, including a social assessment. In the subproject preparation, to prepare the RP, the following steps

may be followed:

Step I. Based on the preliminary subproject design, the subproject will be identified as having one of the

following resettlement effects: (i) no resettlement effect, (ii) insignificant resettlement effect, and (iii)

significant resettlement effect. Both (ii) and (iii) require preparation of a resettlement plan (abbreviated or

full ).

Step 2. Complete detafied design of civil works of sub-project, based on consultatiotf of people lrkely to bc affected and engineers to mitigate resettlement impact. For example, selecting, setting or adjusting

water conveying and distributing pipeline route and prior to pavement sites of transportation lines can

mitigate significantly the level of resettlement impacts on affected people.

Step 3. For subprojects falling under categories (ii) and (iii) above, a primary social assessment to identify

all potential social and negative effects shall be conducted. All DP census survey of all the potential DPs

shall be conducted. 'Ihis includes sa.ioeconomic data of Pr\Ps, measurement of type. and level of loss.

The census survey (or the DhIS) establishes the cut-off date for the eligibility of entitlement. and is carried

out in the attendance of relevant local authorities. The following type of data needs to be collected:

t i ) 1nfonn;ltion of uffcctcd people, number of affected people:

Demographic. education, income, and occupational profiles

Inventory of all property and assets affected

Socioeconomic production svstems and use of natural resources

In\,entorl; of common property resource\ i f any

Economic ;~ctivities of all affected people. including \,ul~lerahle groups

Social networks and socii~l orpanizorion

C'u1ti11-al sysrctrlls and sitca

t i i , I1i1ti1 ~ h o u t I;~nds and areas i n the, , I I .L%,I

- Ownership, tenure, and land use patterns

Land acquisition procedures and compensation

Existing civic facilities and infrastructures Step 4. In parallel to DPs' census survey, consultation with PAPS will continue to identify their preferences and special needs that should be addressed in the RP. In addition. information on market

prices for land, crops, and other assets need to be collected from respective provincial, district, and commune authorities and the local market, so that the cost estimates for the RP can be provided. Step 5. Prepare an RP. Matrix of entitlement in this Resettlement policy framework (appendix 1) will be

applied to each sub-project. In addition, the number of affected people, number of affected assets, and

total compensation cost for each categories must be defined.

Step 6. Present the draft RP at the public meeting for the subproject. Any comments made during the

meeting need to be incorporated into the draft RP.

5 9. Subproject Appraisal The PPC will be responsible for approval of the RPs and all resettlement-related issues. After

detailed engineering designs are complete, number of DPs and lost assets will be revised, and compensation unit rates will be updated for all categories of lost assets and allowances based on replacement cost surveys during implementation. The final RP will be cleared by WB conformable with

the RPF after getting approval from PPC. The RPF must be submitted to the Prime Minister or the

authorized agency for approval before sending to WB for concurrence. The PPC will be responsible for

overall implementation of the approved RP including the unexpected resettlement effects caused by all

land acquisition, based on Resettlement policy framework. The World Bank will not approve any

construction contract of sub-project funded by the loan, unless the government complete land acquisition

and resettlement activities, including provision of rehabilitation assistance.

CHAPTER VI: PUBLIC PARTICIPATJON, CONSULTATION, AND GRIEVANCE MECHANISMS

6.1 Objectives of Consultation and Public Information Having participation of local authorities, relevant agencies and DPs fully in the Project will make

it run smoothly. Information dissemination to Project affected persons and involved agencies is an

important part of Project preparation and implementation. Consultation with DPs and ensuring their active

participation will reduce the potential for conflicts and mitigate the risk of project delays. ' h s will also

enable the Project to design the resettlement and rehabilitation program as a comprehensive development

program to suit the needs and priorities of the affected people, and thereby maximizing the economic and

social benefits of investments. ' h e objectives of the public information and consultation program are as

follows:

(i) To ensure that local authorities, as well as representatives of DPs, will be included in the planning and

decision-making processes. The FCU and PMU will work closely with the Provincial People's Committee

and the District People's Committee during project implementation. DPs involvement in implementation

will be continued thereafter by requesting each district to invite DPs' representatives to be a member of

the PRC and the DRC and take part in the resettlement activities (property evaluation, compensation,

resettlement, and monitoring).

(ii) To fully share information about the proposed project components and activities with the DPs.

(iii) To obtain information about the needs and priorities of the DPs, as well as receiving information

about their reactions to proposed policies and activities. , (iv) To ensure that DPs are able to make fully informed decisions that will directly affect their incomes

and living standards. and that they will have the opportunity to participate in activities and decision-

making about issues that will directly affect them.

(v) To obtain the cooperation and participation of the DPs and communities in activities necessary for

resettlement planning and implementation.

(vi) To ensure transparency in all activities related to land acquisition, resettlement, and rehabilitation.

6 2 Consultation During Project's preparation In the preparation period, informing and consulting with the community is to assess the impact of

resettlement and make recommendation about selections to reduce or eliminate implicit passive impact of

the project on the locals. There must be preparations to solve possible problems during execution.

Iufornling and consulti~l$ with the community can be made by: .Assessing cluicklq. the rural arms with

contribution ancl consultancy of affected people. \kiting affected households allti ;~~-t.i\s: cc>ns~~lting with

the communit\.. in a meeting: holdi~lg group meeting to hcus on economic-socit~l suney.

111 the prelxt~-ation period of the plujt'ct. local authoritic.; and liead.\ of le\,cl\ ufgo\ernments in the

pro\ incch \ \ . i l l 17e i~~ti)r~iied ;\boll[ [he III.L>J~CI. i t \ objtcti\.es ; ~ t l c l ;I([ i \ i lks. -l'llc'> \ \ i l l IY i~\kcd ;tho111 their

ol.>i~lions. . \ n Q rlir! call p;~rticipiitr i l l consultation5 ;ibuul clc.\~eluplileni (lt.mailcl\ ;111d ~ ) l . t o ~ ~ t i < \ of their

1.e2io11. . \ l~ t ' i~c~~vl p ~ ~ i l > l t ci111 ;l(I\.iw o11 ;iisc.i\lllent of poi>ihle p;\\si\,c i ~ ~ i l x i ~ , ~ 01 [lit, I>I .OILYI < I I N ~ tlicth~>ct,i 10

I . C L I L I ~ ~ it. Il)c.;lilll.c, ~~ic~.eit\c [licit he11ePit from the prc>-ic:.ct.

Local administration will be asked for its acceptance of the project and engagement to perform the

resettlement policy described in the policy framework of the project, which reflects the policy of World

Bank and the Government.

After the approval of the project, the mass media, including national and local televisions and

newspapers will inform the proposals of the project at public places, including information about objective

and activities of the project.

63. Consultation propascd during implementation A. Information dissemination and consulrarion In the process of implementation, PMU, with support of consultants of the project, undertakes the

following works:

(i) Inform Resettlement Committees at all levels of governments through training workshops.

Provide detailed information about policies of the project and implementation procedures.

(ii) Informing and consulting with affected people throughout the implementation of the project.

(iii) Update the province's unit prices, and c o n f i i land acquisition and property impact through the

result of Detail Measurement and Survey (DMS) in consultation with PAPs.

(iv) After that, the district's Resettlement Committee applies the prices, calculate the compensation

entitlement for each affected person, and complete compensation forms for each affected. Information on

entitlements will then be presented on an individual basis to PAPs in the DMS follow-up visit to each

household.

(v) Next, ~mpensa t ion forms. showing affected property and compens?tion entitlement for each

household, must be signed by affected people, indicating their agreement with the result of assessment.

Any questions of affected people about the content of the methods will be recorded at this time.

(vi) LettersJquestion about the methods of resettlement must be sent to all resettled people:

a) Inform them about the methods of resettlement (describe clearly the consequence of each

selection)

b) Request affected people to confirm their selections of resettlement method and their

preliminary selections of resettlement area.

c ) Request affecred people to list services they are using, such as education, healthcare,

market.. .and the distances.

(vii) Cons~~ltation regarding PAPS preferred option for rehabilitation assistance. This applies to

severely afrected and vulnerable P.APs. The resettlement committss will inform PXPs

of options and entitlement to rehiibilitatiun assistance before asking [hem to indicate preferences for

such rehabilitation assistance.

B. Co~rr~trrrrrit~ c:orrstrlt~l/ior~

Prior to thr beginning of the detailed design. public meerinps must be held at each cornmilnes to

pro\,ide extra inforrniition for affected people and to discuss openly the ~.mlicy and procedure.; of

resettlement of the i~ffected cornmunr. Invitation letters must be sent to affected people ;ct IeLl\t 1 \\eeks

b~fore the iiiet ' t i~i~ 3t the ;IS~:I. The t;\i.gct of the rnc.r.ti~~:s i h to irliorm upd;ited i r~ to~~l i i i~ t iv~~ a~id Jiscics~

other intercst issucs \vith ;cffectccl people. Toperher \\ith riotice letter5 t'or afl-ecttd peol~lc.. L I W O L I ~ C I - Incicns

to iniortn ;~ftected people ant1 public.. b11c.h as: lx)s~ers pi~t up at t . i ~ h i l > ' icen pl;rc\is in rhz < L > I ~ ' ! I I I L I I I L . \ aliJ

clihtricts \\.hc~.c ;~ffecte~i peolll~ ;II.L. I I \ I I ~ ~ . 11e\\411;1per.s. [lie 11111h5 111cdi;l. l~i~blic ~c!\[c.i.,. t G r 1 1 ~ :rr;ilz .c~i(i

fenialc. rlie~nl~crs clt':~tfec.Izd l i o c ~ ~ ~ ~ h o l ! ~ . .~ricl o th~.~ . ~~ecil'lr. \\ ho interest in .cue c r i cou~~a~c~ l ( ( 1 r ; ~ ! ' : 1',11'1 . \ (

'1

the meetings, describe the project, interests and rights of the households. The meeting is a chance to

question. It will be held periodically throughout the process of the project.

Provide information for affected people at the meetings (by words, images, printed information

sheets). There must be copies of information from the township and communes throughout the area of

project.

The meeting is expected to have following activities:

(i) Explain affected people, by words and images, including printed information and design drawings of the works of the project.

( i i ) Provide chances for affected people to give their opinions and questions. and they must be

answered. Affected people are encouraged to contribute their opinions about resettlement methods for

affected people.

(iii) District Resettlement Committees list all affected people going to attend the meeting.

(iv) District Resettlement Committees list all questions, expressions, opinions and decision

made in the meetings, then send them to concerned PMU. Affected people must be informed about following issues:

(i) Project component information: Including information about places where they can get

detail information of the project.

(ii) Impact of the project: lrnpact on people who live and work in the affected area of the

project, including explaining about the requirement of land acquisition for construction of water intake

well, raw water pipelines, water treatment plant, safe water storage tank, water conveying and distributing

pipelines system and other works of the project. e

(iii) Compensation entitlements and rehabilitation of PAPS: This section is stipulated for

affected people (with expiry date). Make them clcar about their compensation entitlements and

rehabilitation for each type of impact, including the right to be compensated of people whose business, job

or income is lost. Inform solutions "land for land", "money for land", solutions to reorganize and resettle

people, specifications of each method and benefit affected people will receive in each method.

(iv) Grievance mechanism and order: Affected people will be reported that policies and

procedures of the project are designed to ensure that their life standards will be restored to the former

condition. They will also be informed that all their questions about related issues will be answered by

Resettlement Committee of communes and districts. If they have any qilestions about issues such as: lands

acquisition. compensation, resettlement and the prozres3. even payment of compensation for their loss,

they can ~lsk and all questions must be answered by concerned authorities. Affected people will be

instrucrcd about the prievance mech~~nism.

(v) Rights to contribute and be advised: Xffectccl people w~ll be noticed about their ri~hth to

contribute to plan and resettlement activities. Affected people can delegate someone to ilttentl meetings

hclcl hy districts or comlnunrs committees to ensure their colltl.ibution in activities of the project.

(vi) Resettlement activities: .All sffectecl people \ \ i l l be cxpl:~ined clearly about compst~sation

c:~lcul;~tic)n ;tnd payment. super\.i>ion pr-ocrss. ~.c.~ettlerlli.n~ 111 incleprriclerit ; I I -~X/ self-rewttlirip ;\rri\, and

gcrlr.ral ~~ll'or~riation of c'onstruction psoccss. i ~ l c l i ~ ~ l i ~ i ~ ~ I I ~ C I - ? IL. ' .~ ill? , ( I I I ~ < ;~ffecte~I ~xopl r .

i ~ ~ i i ) Kcsponsibilit!. o f organizatio~is: .Al'l'cc.rc(l i'ct,~sii. ' . \ i l l Ix infor~rltd about the ospa~li~ations

~ r l t l ; I I I Ic\el.; ol' gc>vern~nerit cor~c.i.~-r~ccl ~111cl sc~l~cl~r\ll~il I I .. ' 1 L , ; i i h . ; I \ \ \ . ? I1 :I\ riarne ilncl puitior~z of

!:I~\L.I.IIII~L.II[ c~ffici;\ls. their telephorlc n~lrnbt.t.\ . o ~ ' ~ ' I c ~ . . t i l ~ i ~ ~ .. I I I , ~ o l ' l i c , ~ ~ lic)i~r.; ( i f i 111k . ) .

[viii) Progress of work: Affected people will be informed the expected schedule of main

resettlement activities. They will be noticedmthat the work starts only after resettlement is completed and

all affected people have left the project area. Affected people must be informed that they should leave the

project area only after receiving adequate payment for compensation for the property loss. All levels of

resettlement committees will be provided with drawings and work plan.

C. ~ o m ~ e n s a t h and rehabilirarion:

Notification letter will be sent to each affected person, including time, address, and procedures to

receive compensation payment. Severely affected people and vulnerable people will be personally contact

to confirm their preferences of rehabilitation assistances.

D. Public information bills (PIB) Ensure that affected people, their representatives and local governments in affected areas can

understand thoroughly details of resettlement program. They will be informed about compensation and

resettlement policies applied to the project. Project control unit PCU, with support of consultants, compose

PIB, with consultancy of WB. This document wilI be sent to all affected people in the project area.

General information of PIB is as follows:

Describe generally the project, work process, project's impact. interests and compensation of affected

people, policies on resettlement and rehabilitation assistances, offices concerned with resettlement,

information dissemination and consultation with affected people, works must be done if affected people

question or complain, grievance mechanism and independent supervision.

E. Disclosure:

I In addition to disclosure to affected people and cprnunities, the resettlement policy framework and

activities plan must be available at PCU Hanoi, public information centers of province, PMU, and districts

of the project.

6.4. Grievance redress procedures Affected people can send their question about compensation entitlement, compensation policy,

payment of compensation, land acquisition, resettlement and all their entitlements related to other

rehabilitation assistance programs. Their question may be put verbally or in written form. If they question

verbally. receiving committee write i t in the first meeting with affected people. Local mass organizations

including Fatherland front. veteran's organization, f~irmer's organization, mediators' sroup.. . .are

rnobilizrcl to actively participate in process of solving of PAP'S emerged complaints/griecances. There will

no administrative charge and other stipulated fees for them.

.I\ four-stage procedure for redressing grievances is proposed as follows:

Stage 1: Complaints forms PAPS on any aspect of the resettlement program. or losses not

prc\,iou~ly addressed shall first be lodged \?erbally or in written form to the people's committee at

commune Ie\.c.l. The comploin~ can be discussed in an informal meeting \vith the plaintiff and the

chi~irmiln of thc people's committee comrn~lne level. The people'.; cornlnittre at commune le\,el will be

responsible for resolving the iss~re ivithin 15 days from the day i t i3 loclyd.

Stage 2 : If' ~ i o ~ r n i i e r ~ ~ i ~ ~ i i i 01- iimicithle solutic~n can be ~.ci~ctic.cl. i)r i f ' I N ) rcl'~l>orist' trorn the people's

C O [ I I I ~ ~ I [ I L ~ L - ; I [ ~~ornnlune Ie\,el is recci\.ed b!. the PA-\!'\ \\ithin I5 tl+ \ ot' r-'gr\~cr.ing the\co~nplitirit, he/she

(;in .ippr':~l L(.> tlle Districr Resettlemcr~t Cornmitree. I'hc 11RC' \ \ . i l l i l ! -c l \ i t lc . clc.c.ihio~~ \ \ irhin I month of

~ h c ~.c.oi\~c.ri~ig 01' the iippcl'al.

Stage 3- If the PAP is not satisfied with the decision of the DRC or its representative, or in the

absence of any response by the DRC, the PAPs can appeal-to the Provincial People Committee. The

Provincial People Committee together with the representative of the PSC will provide a decision on the

appeal within 30 days from the day it is lodged with the PPC..

Stage 4: If the PAP is still not satisfied with the decision of the PPC or PSC on appeal, or in absence

of any response from the PPCJPSc within the stipulated time, the PAPs as a last resort, may submit hisher case to the district court.

CHAPTER VII: IMPLEMENTATION SCHEDULE.

7.1. Information Dkemination before detail design. Before detail design is canied out, MOC will publicize information about the project in the whole

area of project. Public information meetings will be held in all potentially affected communes to inform

the communities about (i) the project scope; (ii) impacts; (iii) entitlements for all categories of loss; (iv)

schedule of activities beginning with the detailed design survey; and (v) the grievance mechanism. The

PIB will be prepared and distributed to all affected communities during the meetings.

7.2. Establish compensation coundIslcommittees The provinces will set up provincial and district level compensation councils/committees right after the

approval for the project.

73. Training for Resettlement staff. Once Resettlement Committee have been established, all local resettlement staff at PMU, PRC,

DRC, and commune levels will be trained by the PCU assisted by resettlement specialists. Training

subjects will include.

(i) Objectives of RP; (ii) Principles, policies, and entitlements of the RPs;

(iii) Consultation and information dissemination methods

(iv) Implementation steps, procedures, and schedule;

(v) Grievance redress mechanism; and

(vi) Powers and obligations of individuals/agencies involved in the process of resettlement programs.

7.4. Updating Compensation Rates. During the preliminary detailed design process, the PPC will update unit rates at replacement cost

for all categories of loss and adjust allowances to account for inflation. This will be done in consultation

with DPs and local government agencies.

75. Detailed Measurtment and Census Survey. Before each new phases of the VLnVSDP new DMS will be conducted in each subproject area

after completion of the detailed design. These survey will serve as a basis for compensation and updating

UPS.

7.6. Pricing Application and Compensation to DP. Rrseulement committees at all levels will be responsible for pricing application and preparins

compensation charts for each affected commune/district. These will be subject to \rerification by PPbtCr.

PPC. and PCLI o f unit prices, qui~ntity of affected assets. DPs' entitlements. rtc. before postins them at

cuch colnlnilnc for the people to review ancl cornnient. .All cornpensation forms mLlst be checked and

signed by the DPs to indicate their ~1greernent.

7.7. Co~npenslltiun and allowunces C'omper~sation and allo\\ilnccs \ \ i l l hc li;~ncllecl under inst~.uction of co~isi~ltanr\ ancl the

\ i~~e~.\ . is ion u l representaiives 0t'C7PC'. DKC ,~ncl sc!?~-~\cnt;~~i\ ,c\ of DPs.

7.8. Budget Budget for RAP is taken from the counterpart funding of Ha Tinh and must be available before

implementation of RAP. The cost will be included in total investment cost of the project for calculating

water price.

To prepare fund for expenditures of project, it's necessary to make preliminary cost estimation. Fund for

RAP of sub-project is based on updated compensation rates made by each province. The rates must reflect

replacement costs equal to market prices of all affected assets. at the time of compensation.

RAP IMPLEMENTATION SCHEDULE

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2.ECONOMIC AND SOCIAL SITUATION OF PAHs STATISTICS TABLE OF PAH AND LAND ACQUISITION OF MAIN CONVEYING PIPELINES

- . - .

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Project investment report for the water supply system in Hatinh Township phase II -RAP

Project investment report for the water supply system in Hatinh Township phase II - RAP

130 Hoing [hi X h i farmer 6 1 3 1 Tr in V i n Chiem 30 farmer i 123 Lt Thii 45 farmer -I

133 Phan Dung 44 fi1rmt.r 3

134 L2 V3n Viet 7 0 fa~.nier 6 135 , DGng Mai 7 7 tarmrr 4 ! 126 D<III~ Sanh 1 70 I'arnirr 3

- - 133 R I ~ I I \.;in Truns 1 33 far~ner ~ - - - . - >

134 LC V3n V<.rnc ( 61 ILII-nicr 3 I 1 35 Mai \:in Tl~;ii 6 0 i Ltr~ncr 2 - 7 I

Project investment report for the water supply system in Hatinh Township phase II - RAP

14 I S 16

24 25 26

DWg Dinh Sdn Li?ThjVAn DMg Hiiu DGng

27 28 29 30 31

Hd X u i n Nga V%n Gioi

NguyCn V&I DOnp 8

33- 33 34 35 36

56 49 32

Le Van Thien PbanThjTC Ding Hiru Long Le X u i n Long Tnnh Duc Tli

27 IL? V i n Lucmg I

28 62 12

DJu V.in Thi Phan Van H i --- LC V i n Tho Nguytn Dinh Thulj Dang Hitu Thoan

40 41 42. 43 44 -

, 45 1 -I(>

1 47 48

2') -

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36 50 45 32 38

free farmer officer

42 47 3 3 35 48

H6 V i n Thii NpuyrJn Th/ Binh Hb V i n H+nh ti6 V4n Ninh NguyCn Cbnp Dung Npu!Cn V3n Minh

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5 3 3

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I 50 Y g u \ i n L' in Vinli 3 1 1 ! ! I ' I I~.c~ i 4 4-

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Project investment report for the water supply system in Hatinh Township phase II - R4P

( 59 ( ~ ~ u ~ k n Vin Luc 1 38 ( farmer ( 5 2 60 61 62 63 1 ~ V i n Mlu 1 46 ( farmer 1 5

H6Thi DBo H d V h T h i n h HA XuAn

2

64 70 ' 74

64 ( ~ u u n p Xu& Sm ( 49 ( farmer 1 7 I

farmer farmer firmer

I 5 2

0 3 0 -

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Project investment report for the water supply system in Hatinh Township phase I1 - RAP

- - 1 44 1 farmer I 6 3

195 1 ~ 6 Duc Hien / 68 officer I 4 2 196 LZ Vgn Phumo 7 2 0

179 180 181 182 183

I 218 IYsu\ in \ u ~ i Scrn I -42 ! t l l l ~ ~ . I , --- -- - 4 1 ( ? I L ) INcu\,r;n hil'u Tlrinli -- ! 4; 1 I L., 4 ' - :---

---r-- , , , , , . -. 7 e?O I'II;LI~ \'id HI& -~! !..~ -- - - -- -- . - .-. - '1 -- I ?I I ! \gu\ >n Tlij I'li;111Ii : A - , : , - . . - - - -- 4 -. - . - - - -- I 111 ' \ z ~ \ i n > l~nl i H:II :J . , ---- - . -~ . - - - - ----A - -- . . . - - . 2?3 -. \ ' ~ > c ~ l l l ~ ~ l l ~ l l \L~ll,lLll - - - - - - -. - .~ - ~ .. -. -

MaiThi Lqt Nguyen Thi H d Nguyen Phi Ngu NguyCn C6ng Ddo N uven Thi T h g .

704

205 206 207 208 209

I 2 10

50 83 60 72 7 5

7"1\1 Yen tavern

Trdn Viin Hoi: T r i n Vtin Phirung Trdn Van Hoi: Nguytin T ~ I Long I'~;LIII M+nh HiPn ,Nguv;n Thj Xoan

farmer farmer

1 farmer

70 40 70 47 3 7

34 I I I 'Npu\Gn V;m Hic'n 3 I

7 . . I - T

4 1 1 3 I 1.3

I 2 1 4 - : 21 5 i 2 16

6 5 5

relirrcl free

rr.11rr.d officer officer ~ l ' l i~ ,cs

PPPP

Done Xuin L i ~ n Nguyi-n Nhir Vu[!n,s

t);lng Bri QII!~.~ I'hm Thi Ill~~j. Lieu Corl\t~-uclio~r f:~ctoc.! 0

farmer

olliccr 01 l . ic~~r

, ,iI. c . c .

I 17 jC~)nclc~c: I,ICIOI'\ h -.

4 2 2

4 11.c~. 411 ' OIIIL.LCI. ----

3 4 3 3 4 4

Poor house hold

farmer 2 1 3

4

4 4

I

4

I - 7

I - 1 - '1

- 7

, - . - _ - L~ ..__

I

4 1

- '1

- 1 - 7

1

7

I

- 8

4 3

, A

Project investment report for the water supply system in Hatinh Township phase II - RAP

1 1 I I I 1 I Rice-field - Poor 1 house hold

245 246 247

248

249 250 251 252

I 160 /Trcmg 1 1 1 H i n 65 fl~rmer 4 1 I houhr: hold 361 l ~ r r i n Xu in ,-\nlr 48 hnr~ncr 6 1 - 1 liice-tield --

8 0 fttrmcr - i -- Ricc-ticld

' 263 'T r in Hi11 H i ~ n p - l i ice-field

LS Thanh Binh Phan V i n iii Trh Hau Chit

Phan Thj H o i

P h a n T h ~ T o i 65 farmer 3 1 house hold 1

1 264 m l . 2

Phan Viin Hoh

Nguyen Chinh Lam L2 Trong Thuac

T r in Thj Hlrimg - Trc?ng Dat

35 48 57

48

7-53 Npuyen Chinh H i i 1-54 Phan V i n Dong

~ L L ; ' r~-tme blui

i-207 :1~11:lIl \ , i l l ~I I I I I~ h o ~ ~ h c hold _'(IS ;.1'1.311 1'111 ()uc -- -- . - . . .

: f j ' ) 1.2 TI.; LXIII~ -- . - . - . - -. - .- -~ :'I) I'lii111 \ . ~ t i I'~I:II ~. . -- - . - - - . . . .' . ! - 1.c t)illll I+<); 1;11 111~~1 '

~.~ (' -. . - 1 I - 1.L ~ l - l u l l l ! ! tXlC> 1 (>I 1 , 1 ; 1 1 1 1 1 ~ ~ 1 ( 5 . - .--. . . - - ~... . . ~- l<~~c- l i c l c l 4 - . , - - . ' < \ C l . l l l \ ~ I l l ' 1 ; 1 1 ' . 1 ~ . 1 I, . - . - -. - -.---.. . ~. ~~ -- l<l~.i-llCILl 1

a , < I iltll< I'Il~lllL! ~. 17', I;II,,)CI -- A _ _ _ _ _ _ _ _ . ~ -. - 12 i~~c - l1c l~ l - - - ' . L L I \ ~ . I I . . ! 1 1 1 \III 05 - .- -- . . - - + ',I , ' , / i < ~ ~ i ~ l ~ c l c l

4 , I , -

- . ~ ~ .. ----

';,I: ,. ,I' ,!lL. - ? - - .- ~ -- . . I<l<< . -- llL.ILl /

! , .;

45 40 65

55 35 45

3 5 4 5 46 45

255

256 757 : 358 2.i9

farmer farmer farmer

farmer

Nguy2n Chinh Khon

~ r i n Thu? Nguyi.n Chinh Binh NguyCn Chinh S L ~ Tr in Xnh Ton

farmer

farmer h m e r

farmer h r m r r f,irmt.r

V.trrner I'urmsr farn~er Farmcr

i i

3 7 9

6

6 3 3

6 3 4

3 6 3

1

2 3 3

2

Rice-Field Rice-field Rice-field

Rice-field - Poor house hold

Rice-field - Poor

2 7 I

- 7

- 7

3

I

7 - . .-

- 7

- 1 I

Rice-field Rice-field Rice-field

Rice-field - Poor house hold Rice-field

Rice-field Rice-field - Poor

~ O U ? I Z hold Rice-field Kice-field

pp

Rice-field Rice-t'icld - Poor

Project investment report for the water supply system in Hatinh Township phase II - RAP

Project investment report for the water supply system in Hatinh Township phase II - RAP

~ i ~ e n d i x 2: Resettlement action pian polky fhmework applied for d l sub-

project of Vietnam Urban Water Supply Development Report (Cr. 4028)

Project investment report for the water supply system in Hatinh Township phase II - RAP

D

SOCIALIST REPUBLIC OF VIETNAM THE MINISTRY OF CONSTRUCTION

VIETNAM URBAN WATER SUPPLY 8

DEVELOPMENT PROJECT (VUWSDP)

RESETTLEMENT POLICY FRAMEWORK

Project investment report for the water supply system in Hatinh Township phase II - RAP

Project investment report for the water supply system in Hatinh Township phase I I - RAP

TABLE OF CONTENT.

1. Introduction ..............................................................................................................

2. Legal framework and entitlement policy ................................................................ 2.1 Vietnamese Laws, Decrees, and Circulars: .............................................................. 2.2 World Bank Policy on Involuntary Resettlement ..................................................... 2.3 Government, the World Bank and VUWSDP project

3. Compensation policy ............................................................................................... 3.1 Objectives for Resettlement ..................................................................................... 3.2 Displaced Persons (DP) ............................................................................................ 3.3 Entitlements and Selection Criteria .......................................................................... 3.4 Compensation for Permanent Loss of Agricultural Land

3.5 Compensation Policy for Residential Land

3.6 Compensation Policy for Loss of Houses/Structures

3.7 Compensation for loss of Standing Crops and Trees

3.8 Compensation Policy for Loss of Income and/or Business/Productive Assets

3.9. Temporary Impact During Construction

3.10. SeCondary PAPS

3.1 1. Compensation for Loss of Community Assets

3.12. Allowances and Rehabilitation Assistance During Transition Period

4- INSTITUTIONAL .ARRANGEMENTS .................................-..~....-.~...........~......~.....~~....~.*~~.*...~.~.....*....~... 4.1 Provincial People's Committee (PPC) ......................................................................

................................................ 4.2 Provincial RRD-RWSS Steering Committee (PSC)

......................................................... 4.3 Provincial Project Management Unit (PPMU)

4.4 District People Committee (DPC) .............................................................................

................................................................ 1.5 District Resettlement Committee DRC)

4.6 Commune People Committee (CPC) .......................................................................

........................................................... 4.7 Agency Responsible for External h.Ionitoring

.................... 5. PREPARA'SION OF SUBPROJEC'S RESET'SLEMENT PLANS ........................................................... 2 .1 Preparation of Subproject Rewttlenlent Plan

............................................................................................... 5.2 Subproject Appraisal

6. Public participation. consultation. and grievance mechanisnls.

Project investment report for the water supply system in Hatinh Township phase II - RAP

7. Implementation schedule ............................................................................. : ...........

................................................................................................................... 8. BUDGET

9. MONITORING AND EVALUATION .................................................................. ............................................................................................................... 8.1 Monitoring

8.2 Internal Monitoring ................................................................................................. 8.3 Independent (External) Monitoring ........................................................................ 8.4 Monitoring Methodology ........................................................................................

............................................................................................................... 8.5 Evaluation .......................................................................... Annex I: ENTITLEMENT MATRIX

ANNEXES

Project investment report for the water supply system In Hatinh Township phase II - RAP

ABBREVIATIONS

GOVN Government of Vietnam

IDA International Development Associationj DSC Drainage and sanitation Companies DMS Detailed Measurement Survey IMO Independent Monitoring Organisation

PAP Project Affected People PPC Provincial People's Committee DPC District ~ e o h ~ e ' s Committee

CPC Commune People's Committee PMU Project Management Unit

PRC Provincial Resettlement Committee

DRC District Resettlement Committee

RCs Resettlement Committees RAP Resettlement Action Plan

Project investment report for the water supply system in Hatinh Township phase II - RAP

DEFINITION OF TERMS

Cut-of-date: The date of completion of inventory of losses during preparation of the

RAP. Affected people and local communities will be informed of the cut-off date for

each Project component, and that anyone moving into the Project Area after that date

will not be entitled to compensation and assistance under the Project.

Eligibility: any person who at the cut-of-date was located within the area affected by

the project, its sub-components, or other subproject parts thereof, and would have

their: (i) standards of living adversely affected, (ii) rights, titles, or claim in any land

(agricultural, grazing or forest), house or structure (be it residential, commercial

permanent or temporary), or (iii) production assets such as business, occupation,

place of work, residence, or habitat, or (iv) access to assets adversely affected (e.g.

fishing rights). Eligibility is irrespective of: (a) formal legal rights to land, or (b)

customary claim to land or asset, or (c) having no recognizable legal right or claim to

the land they are occupying.

Replacement cost: is the term used to determine the amount sufficient to replace lost

assets and cover transaction costs. For loses that cannot easily be valued or

compensated for in monetary terms (e.g. access to public services, customers, and

sdpplies; or to fishing, grazing, or forest areas), attempts are m'ade to establish access

to equivalent and culturally acceptable resources and earning opportunities. When

domestic laws do not meet the standard of compensation at full replacement cost,

compensation under domestic law is supplemented by additional measures necessary

to meet the replacement cost standards.

Resettlement: is the general term related to land acquisition and compensation for

loss of asset whether it involves actual relocation, loss of land, shelter, assets or other

means of li\.elihood.

Project Affected Person: who has land acquisition and/or on land loss assets and

other negative affected by actions of project implementation

Project investment report for the water supply system in Hatinh Township phase II - RAP

1. Introduction

After more than a decade, with great efforts of the government and people of

Vietnam. thanks to effective assistance of many countries, international sponsors and

non-government organizations ... infrastructure of Vietnam urban centers has

considerably improved. Until the end of 2001. all cities under central government and

provincial centre cities, township have safe water supply systems with total capacity

of more than 3 mill. m3jday; more than 45% of small towns have water supply

system with total capacity of 650,000 m3. Water supply and environment sanitation

services has been improved significantly and become a motivation of economic

growth and social development.

However, urban water supply has still not yet satisfied the increasing demand of

people and of the developing economy, both in quantity and quality of service.

Vietnam urban water supply development project (VUWSDP) aims at supplying

water for towns with few or without water supply system, and also supporting to

improve operation effectiveness and/or expand service covered areas of good-

operating water supply companies in 4 major cities.

The project comprises 4 part: (i) credit flow for good-operating water supply

companies (implementation line) to improvelupgrade and/or expand existing water

supply systems; (ii) credit flow for water supply companies expecting to provide

water supply servick for lacked areas, through opened competition (competition h e ) :

(iii) provide turning-over credit to improve sanitation system; and (iv) technical

assistance.

The project implementation is expected to last in 5 years, beginning in 2004 and

is divided in 2 phases. It's estimated at about 50 towns of 30 provinces will

participate in competition line and good-operating water supply companies of 3 major

cities will participate in implementation line of the project.

This Resettlement policy framework will give directions for all activities of land

acquisition and resettlement plan establishment during project implementation.

Resettlement policy framework proposes principles and objectives, eligibility

criterion of project affected people, compensation entitlement; legal and institutional

framework. compensation methods and rehabilitation assistance. community

participation and grie\,nnce procedures and grielance redress mechanism, to direct

ncti\'ities of compensation. rewttlernent :tnd rehabilitation assistance for project

affected people.

Until nuw, there's onl!~ preli~ni~~ar!. ;\ssessment about land itcquisition sc~tle for

phase I of the project. .Accurate sta[i\[~i.\ for this phase \ \ . i l l be collected aRer havinp

enough ~.rq~tireci information thou^ :~. .h~irc;~l tleiigri of rhr project. Philie I of the

project lvill use 20''; of tutitl i ~ l \ L , . ~ . i c , r l t and inclucle\ 16 to\\~lis/to\\.nsl~ip of 4

pro\,incrs. including I ~ o \ \ n of I lai I , ! . !I,: :i~!. ( i r l ~ t ~ l c . ~ ~ ~ e ~ ~ r ; ~ ~ i u n litlei ;uid l i to\\ns of

the p r ~ \ ~ i ~ i c e s 'Thai t3il1ll. t1;1 \;, , . , Kill11 I>i~ih (c~o~iil>e~i~it)n line). 13;1~cl on

technical pu;untttcrs 01' ~ h c I~'rz-l'c,;~,. ~ l ~ ~ t l ! I .CI~OI- [ o f ~ l i c \lr(lject. the i i \ w \ \ ~ n e l ~

~ c ' l t l t h o \ \ .\ I ~ : I I the, pi.i>~~c.l ,%\ 8 ! I ! L . i . 1 ! 1 > : 1 , . \ 011 Ii111tl ;cc~cl~ii\itio~~ ~ 1 1 1 ~ 1 (11l1cr

Project investment report for the water supply system in Hatinh Township phase II - RAP

assets, and the number of PAPS is not too much. In phase I, land area expected to

acquire is about 36,53 1 m2, mcluding 32,680 m2 permanently acquired and 3.85 1 m2 . temporary acquired. This doesn't include 20.2 ha of public lands such as pavements,

road sites, irrigation structures will be temporary acquired to install water conveying

and distributing pipelines. There will be about 1321112 of temporary house of a

collective company about to be demolished can be affected, with 4 households are

leasing the location for residence. There will be no one loss their main residence and

must be relocated. There are about 13 households severely affected due to losing 20%

of their productive lands and 9 graves needed to be relocated.

This Resettlement Policy Framework provides: (i) the policy and legal

framework of GOV and WB; (ii) a compensation policy to apply for all areas

potentially affected by VUWSD Project, and (iii) procedures that need to be followed

during preparation, implementation and appraisal period. The general framework

must be used when preparing RAP for all sub-projects. This Resettlement policy

framework will be translated into Vietnamese and given to organizations under

central government, local organizations as well as state authorities, individuals which

are assigned preparing, implementing, and monitoring sub-projects. Resettlement

policy framework will be applied along with OD 4.30 of the World Bank, laws and

regulations of Vietnam related to resettlement policy. There will be RAP for phase I

of the project, based on technical design information of Feasibility study report of the

project. . 2. Legal framework and entitlement policy

This Resettlement Policy Framework will apply the various laws, decrees, and

circular regulating use of land in Vietnam as well as the World Bank policy. 2.1 Vietnamese Laws, Decrees, and Circulars The following laws of the Socialist Republic of Vietnam applied are:

- Constitution of the Socialist Republic of Vietnam dated 15/4/1992. - Land law dated 14/71 1993, modified on 2/ 121 1998 and 111 01200 1. New land

law dated 3-611 1/2003, becomes effective from 1/7/2004. replacing land law 1990.

- Decree No 87/CP dated l7/8/1994, fixing prices of all land types and

compensation for each when acquired by the State. - Decree No 60lCP dated 5/7/1994. regulating the property ownership and right

of using urban land. - Decree No 9l/CP (1094) reyulating urban plan management. - Decree No 89lCP. appro\-ed on 17/5/1904. regulating land usinp payment and

fees for ~n~tking legal of land sing rights. - Decree N o 64CP dated 27/9/1903. repul~~tin? con\ er\ i( 111 ti-om agricultural

I;~ncl into rc5idential land. - IIccl.re No 27-/CP dated l-l/-l/lc)%3. re2ulaling c~onll~c.rl..:~rr~~n iuncl ullo\\~ancrs

,: he11 I ; i r ~ t l \ are :iccll~iretl for n;~tio~l;~l 01. public, iniel.t.\t.. '11.1 ~.uc.ted : ~ t circular

! J i j l 9~)SiI'I'-BTC of the hlinisrl-! o f Firl:ilice. - I )L.L rcc No 17/CP tlalecl -l/i17( 10 i i I ~ C ~ L I ~ : I I I I ~ C ( ) I ) \ 8 1 , L , I ~ I i111~i L I W

Project investment report for the water supply system in Hatinh Township phase II - RAP

The Land Law of 1993 gives people access to land through land-user rights

which is similar as individual property. Same ef the important issues relevant to land

usage, acquisition can be summaries as follows:

a. The State reserves the right to allocate land and determine its usage.

b. Families and individuals who have been allocated land have the right to exchange

their land for another piece; transfer their right to use land to another party; and rent,

bequeath, or use their land as collateral.

c. The People's Committees at all levels (Province, Dismct, and commune) are

responsible for the administration of land use in their localities; the People's

Committees at all levels are responsible for managing land their domain.

d. The State reserves the right to expropriate land when truly necessary, in cases of

national defence or security, or national and public interest. In these cases, the land

user will be compensated for loss of possessions. The "national and public interest" is

defined in GoV Degree No 2211998 ND-CP of 24 April 1998 whch includes

infrastructure projects.

e. Before land is expropriated, the land user must be informed of the reason for

expropriation, time schedule and plan for relocation, if necessary, and options for

compensation.

The New Land Law 2003, regarding the land use rights and land acquisition,

contains a number of new provisions and approaches, closer to the WB's resettlement

objectives and principles, which could be summarize as f6llows:

i) Land Law 2003 gives new provisions toward land ownershp:

-The State retains its prominent rights for land: right to decide purposes of land

use through

land use planning, land use plans; regulate duration of land use, land allocation.

give land for rent, acquisition of land, evaluate land prices.

- State retains its right to benefit from land through land financial policy,

including right for regulating the value added of the land that is not a result of the land user's

Investment.

i i ) The [,and Law 2003 provides new regulations on land acquisition and land

compen.r;ttion. resettlement of people losing the acquired land:

- I'he State acquires land for purposes of Defence. National Security. National

Interests. I'r~blic 1nterest.r. Economic de\,elopme~~t.

- .At least ninet!! days before lalid recolrery. for ; ~ g s i e ~ I t ~ ~ ~ . i ~ l land. ;uid orle

hunclre~l ;uncl rizhty ti~tys. for non-agric~~ltural land. the competent State agencies shall

haw lo nc)l~t-! the persons ha\.ing liuld to be reco\,rrecl itbout p t ~ r p o ~ ot Iiultl

;~celuisitiot~. itnw anci plrui of seloc.ation. o\'er~111 plit11 of co~npeusaric~tl. I;ulcl i.lc.;~l-:tnct.

;111ci re\cl l~~~ll lc~lt .

- l ' l j t , lwrw~nh Iositlg [lie itcili~irecl Ii111cl 5lli1ll l?t. co~i i l )c~~~i~[ec l it.iiI1 the

~ I \ ~ ~ I I I ~ I L I ' , IIL.~.\ . I;111cl ot' [lw ~ . ~ I ~ I c ~ I : L I I c I i15e pi~qx>ics: i f ~ l l ~ r e I \ L % I . ~ I I L I ; I \ ~ L I I ; , ~ ~ I L ~ t ' t > ~

~ ' O t l l l ) < ~ l . , , . ", 1 1 1 ~ ' :II'~'L'L.\CC~ \ ~ r \ ~ t \ \ \ l l c t \ \ be C ~ ) I > I ~ X I I \ ~ L I C C ~ \ \ 1111 i l l : . ' , I I L I C ' 8 1 ; : ! I , 1 L I ~ L '

I-ishi L,., I ~ I I L , ~ I I ~ I C ot' I ~ \ L I : I I I C , L , o!' c ? ~ ~ ~ ~ ~ . \ ~ o t l . ~ < > I ) I C I I I ~ ; I C : I ~ I I , I :

Project investment report for the water supply system in Hatinh Township phase II - RAP

- Provincial PCs, PCs of Cities under direct Central Government prepare and

should carry out resettlement projects before acquiring land fop compensation with

provision of dwelling house, residential land to affected persons who lose residential

land and have to be relocated. Resettlement Sites should have at least equal or better

conditions than the former ones.

- In cases there no resettlement sites available, the affected persons shall be

compensated in cash and given priority to purchase or lease dwelling houses under

the State's ownership, for urban areas; be compensated with residential land, for rural

areas; in cases if the value of land use right of the recovered land is higher than that

of the land compensated, the affected persons shall be compensated for such

differences in cash.

- In case of recovering productive land of households and/or individuals who

are directly engaged in production, but there no land available for compensation to

continue production, then besides of cash compensations, the affected persons shall

also be assisted by the State for rehabilitation of their living conditions, for training to

shift into new occupations, or be arranged for new employment.

iii) One of new points of Land law 2003 is regulations of land prices:

- Land prices regulated by People Committee of provinces, cities under

central government will be used as the basis for economic management of lands of

the State, including objectives for compensation when the State acquires lands.

iv) Land Law 2003 has defined principles for State's evaluation of land pricks:

- Reflecting market price of land use right transfer, in normal market

conditions; in case of existence of great difference between the identified land prices

and the local market ones, it should be adjusted accordingly

- The bordering each other plots, having similar natural, socio-economical,

infrastructure conditions, being under similar existing and planned type of land use,

will have similar land prices;

- Land located in areas bordering between provinces, cities under Central Government, having similar natural. socio-economical, infrastructure conditions,

under similar existing a11d planncd type of land use, will hu\'e similar land prices;

v) Land Law 2003 pro\'ides: land prices regulated by PPC or PC of Cities under direct

Central Government. will be publicly announced every the First of January annually.

vi) Liuntl Law 2003 clearly states t~bout ~~pplication of the Law. in which the Clause 3

of Article 3 regulates:

- In c u e if International ~rea[ir\ . which the Socialist Republic of Vietnam has

signed or acceded. contain pro\.isiiln\ different from the pro\,isions of this LA\\'. the

pro\.isions of such iuternutional L ~ ~ ~ I I L , \ sln;~ll be applied.

2.1. Worlcl Bunk Policy on In \ .o lu~ l~ Kcsettlcrnent

'l'hs Worl~l H~unk r . . x l ~ ~ ~ l - ~ c . ~ r ~ ~ ~ ~i~licateh that in\.vlun~ar!, resettlement ~lndzr cit.\.elopllnent pl.qiscts. i f u n l l l i r ~ . , ~ ~ ~ .ll~.n ~ i \ . ~ risc to .;e\.cre cconurnic. ocial . and

t.~n\.ironn~rntiil risks: prcxltrc~ic~ri x . . .~rc <li\~~i;inrIt.ci: ~~c'ople fL~cr impc)\crish~lnenr \ \ . l l t ' l n tllcil- protluc.ti\ L, : I \ \ L ~ I \ I \ O L I I . ~ . L , \ . I ~ c , lost: people ;ire ~.eloca~ed [o

C I ~ \ ~ ~ ~ ~ ) I ~ I I ~ I C I ~ I . \ \\ l1~1.c I I I L . I i 111 ,hi1 Is I I I ; I > I)c' I C ~ \ .tpplic;rhlc .illcl 1 1 1 ~ .

Project investment report for the water supply system in Hatinh Township phase II - RAP

competition for resources greater; community institutions and social networks are

weakened; kin groups are dispersed; cultural identity, traditional authority, and the

potential for mutual help are diminished or lost. Thus the World Bank policy

regulated by OD 4.30 includes safeguards to address and mitigate these

impoverishment risks.

The basic guiding principle of the World Bank resettlement policy is that:

(a) Involuntary resettlement should be avoided where feasible, or mitigated exploring

all viable alternative in project design;

(b) Where it is not feasible to avoid resettlement, resettlement activities should be

conceived and executed as sustainable development programs, providing sufficient

investment resources to enable the person displaced by the Project to share in profit

benefit. Displaced persons should be meaningful consulted and should have

opportunities to participate in planning and implementing resettlement programs.

(c) Displaced persons should be assisted in their efforts to improve their livelihoods

and standards of living or at least to restore them, in real terms, to pre-displacement

levels or to levels prevailing prior to the beginning of project implementation,

whichever is higher.

2.3. Government, World Bank and VUWSDP project Table 1 below shows the differences and indicate regulations applied to the project

Project investment report for the water supply system in Hatinh Township phase II - RAP

Table 1: Differences between Decree 22/CP, World Bank Policy and policy of VUWSDP projects

I I I I

Decree 2 a C P

Specification Th:PAPs will not be

entitled to receive project compensation

if their lands don't meet the entire

requirement at specification 6"' of this

Decree, or who illegally appropriate

pubic Iwd after the publicity of affected

areas, or persons who move to the

project area after the cutufdate.

Supp>rt for certain cases will be decided

by People Committee of the province or

World Bank policy

Lack of leg4 legal on land

will not be an obstacle for a

part of affected people to be

entitled to compensation and

rehabilitation

Spec~fication 8'': LanJ prices for All project affected people,

compensation we based on the locul irrespective of tenure status,

prices. promulgated according to

government p)licy. The prices must be

suitable for profitability and local prices

of land use rights exchange.

will be entitled to be

compensated or assisted for

their loss at full replacement

Policy of VUlVSDP project

All project affected people.

irrespective of tenure status, social or

economlc srandins, will be entitled

to be cclrnpensated or assisted for then

lost assets, incomes, and businesses at

full replacement cost and provide with

rehabilitation measures sufficient to

assist them to improve or at least

restore their pre uproject living

standards. income levels and

pduc t ive capacity.

Survey of the replacement costs

I will be carried out and they will be

applied to ensure that project cost of

each case of loss approximates to the

replacement cost. The prices will be

cost updated right befvre compensation time

Compensation is paid for all and

the replacement cost will be paid for all

affected structures without deduction of

salvaged mteriuls o r depreciation

Spec~ficat~on 17': The maximum

of compensation cost must not exceed

I(M)% and the minimum must not less

than 60% ot' house construction ctst,

lhe cost is based on construction (11 a

neu hc~use with zimilar technological

\~untl;~r~ls 11) the demolished ht~use.

1 Spec~ficu.on> IX"': th~urrr .

I construcllorl <rructurer, nhich are

l(tiated (111 rhe lands menli11nt.d in

All project affected people,

irrespective of tenure status,

will be entitled to be

compensated or assisted for

their loss at lull replacement

crlst

.\I1 project affecred people,

~rrcspective whether hey are

in rural or urban areah. \ \ i l l be

1 ~pccil ica~~oll I" oi !his t k i w e , but h e ( entltlcd to be c~~mpcnsa~ed. I !

Compensation ft,r rhe uftrcfed

structure rrl rcplucement cosl will be

puid rcparcllcs\ legal or illegal uzer.;.

1 al.cuh ha\c 10 k planned. \\ill be

I paid I,nr S O c r X I I their nor~h il l rural area

iind 'I)', 111 urban awu. Ht~uzc\

cI~\tthcd~cr~~l\ lhu~lt alier l5/lO/lYQ.?.

1 ; I I ' I C I i~ ~ I I \ I I [ I C I ~ ~ ~ I I O I - . I I I I I \ \ ~ I I

I

Project investment report for the water supply system in Hatinh Township phase I I - RAP

3. Compensation policy 3.1. Objectives of resettlement a

Objectives of the laws of Vietnam about resettlement and recovery for

displaced people and objectives of the World Bank in compulsory resettlement are

applied to make this resettlement plan. The objective will be described below. Matrix

of entitlement is illustrated at Appendix 1 for reference. Policies and principles

applied to this project will be applied to replace differences between the current

regulations of Vietnam and policy of the World Bank (OD 4.30).

The main objective of this Resettlement Plan (RP) is to ensure that all Project

Affected Persons (PAP'S) will be compensated for their losses at replacement cost

and provided with rehabilitation measures to assist them to improve, or at least

maintain, their pre-project living standards and income earning capacity.

3.2. Project affected people (PAP)

Affected people will receive compensation from the project are:

- People whose houses and property are affected, temporarily or permanently,

in part or in total by the project

- People whose agricultural or residential land are affected, temporarily or

permanently, in part or in total by the project

- 'people whose business are affected, temporarily or permane&tly, in part or in

total by the project

- People whose crops and plants (perennial or short-day) are affected,

temporarily or permanently, in part or in total by the project.

3.3. Resettlement principles

The principles of resettlement of the project:

a) Mitigate people's lands and property acquisition.

b) Everyone whose life, work, business or farming will be affected when

his land is expropriated, will receive compensation to improve or at least restore his

life standards. income and production. Having no rights to use their land does not

mean that they will not recei\,e that \uch compensation.

c ) Compensation meuhu~-e\ are as follo\vs: ( i ) Compensation is at replacement

cost without deduction 01. ~lepr.cci;~tion uf sal\,aged materials of hoiises or other

stl.~ictures: ( i i ) i-\grici~lt~~~~al Iiintl ... \ i l l he compensated by land u.ith simil:~r producti\t:

cupacit!.. \\.hich is .;uit:il>lt ' i t 1 1 1 1 1 ~ . ;~H'ctecl person: ( i i i ) Replace residential Itunds n ~ t h

I;un~l . ; t i l ' possible) : \ ~ r l l \ I I ~ : I / ~ I I .~ IL, ; I . .suiritble with ;iffecteci people: t i v ) Suppor~

tran\pcw~;itiun ; ~ n d l i t ' < : I > . ! . 1;;. . I Suh\iclize to restore [heir wurce of income 01.

n1c;iIis (> I \ ~ ~ h s i \ t c ~ i i ~ ~ .

CI 1 I-;LINI.; L I \ L , , \ 1 , . ; L , t'or ;~gric~iIti~ri~l 1;11icI.\ ~ ~ i l t i ~~e.;icIe~~[i;il I J I I < I \

Project investment report for the water supply system in Hatinh Township phase I I - RAP

people. If the area of acquired land is small (less than 20% of total area of house), it

can be paid in' cash if that is selection of affected people, or if there it no land

available for land compensation.

e) The resettlement transition period must be shortened to the minimum. And

affected people must receive resettlement suppomng measures more than 1 month

before the work takes place at the location.

f) Affected people must contribute to planning for acquiring land and other

property, proposal of a solution to resettlement, to make the resettlement satisfactory

for everyone. Affected people will receive their legal interests more than 1 month

before the work takes place at the location.

g) Public services or resources must be preserved or improved.

Budget for land compensation and resettlement must be prepared in every part

of the project. Conditions for resettlement must be in advance when needed.

h) WB will not approve contract of any project using the loan when

compensation hasn't been completed and resettlement budget hasn't been f d y

prepared before the execution. Affected people's rehabilitation assistances must be

ensured more than 1 month before the work takes place at the location.

i) Authorities must ensure the effectiveness and timeliness of design,

planning, consultation and implementation of RAP.

j) Independent evaluation and monitoring mechanism must be defined as

pan of the compensation management system. The assessment of land acquisition

process and final result of the project is made independently with authorities.

3.4. Compensation for Permanent Loss of Agricultural Land

Compensation policy for the affected people will be provided as following:

( a ) The general mechanism for compensi~tion of lost upricultural land will be through

provision of "land for land" ilrranpernents of equal productive capacity, satisfactory t o

the PAP. If land compensation size is smaller or lower cluality. PAPS will Ix entitleti

to compensation on cash equiiralrnt the differences.

However. if land is nor a\.ailable or the PAPS prefer to receii-e cash

compensation. then the b l lo \v in~ applie.;:

c i l i t ' the portion of the liunrl to hc I O \ I r-eprc\cilr\ IO ' r ni I e \ \ ot the totd aren of the

lanclhol~linp. and the renlaining I ; I I I ~ i \ , ~ I I I ;I \i;lblt. economic holdins. cash

compensation for the losr area (01- I ( - 1 ~ h r i.n\lr~. ,il'l'i.cretl jllo~ i t ~ h r rem;~ining are:\ of

thc pi^)^ is nor economicall!. \ i , ~ l > l : . . ! I I ' L I I I I . i . l~l~l~cll~~.nI < ( ) \ I . IH.~!' he pro\itird ro the

I~' . \ l . . ' , 111.

I

Project investment report for the water supply system in Hatinh Township phase II - RAP

(ii) if more than 20% of a household's agricultural land is acquired, then in addition

to cash compensation at full replacement cost for the lost area (or for the entire

affected plot if the remaining area of the plot is not economically viable), the Project

will provide a rehabilitation allowance of value not less than VND 3.000.000HH

Users with temporary or leased riglzts to use land:

The PAPs will be compensated at the amount corresponding to the remained

investment in the land.

L a t ~ d Users Without recognized Rights to Use Lard

(i) In lieu of compensation for land, the PAPs will receive assistance corresponding

60% of land replacement cost.

(ii) For poor and vulnerable, severely affected farmers, including landless, as priority,

a rehabilitatiodtraining assistance not less than 3,000,000 VND/HH will be provided

to ensure the PAPs are able at least to restore or improve their income levels and

living standards.

In case when the affected persons utilizes the public land (of Right of Way or in

Protection areas of hydraulic works), that subjects to be recovered under the project,

with conditions to return. on request, the land to the Government, they (PAPS) will

not be compensated for this public land, but will be compensated for crops and trees I

at full market prices.

(b) PAPs will be compensated for the loss of standing crops and fruit or industrial

trees at market price. Productive trees will be compensated at replacement cost.

3.5. Compensation Policy for Residential Land

PAPs are entitled to follows:

PAPs losirlg reside~~tiul larld ,vithout st)-uctrr1.e~:

Compensation for loss of land in cash at replacement cost

PAPS 1o.sirrg ~~esirlrrrtirrl Iurrtl rvitl~ st/-uctul-es blrilt tlret.eotr trtrtl rlrr t~etrruitrirry Iurld is

According to general policy on compensation for residential land, the acquired

I ~ I I ~ \ \ i l l be substituted by an equivalent piece of land. If no land is available for

substitution, the affected people will be paid in cash. as follo\\.s:

( a ) C'o~~ipensution for loss of land in cash at replacement cost to the leznl land users:

(h l C'or.\l>ensation for affected structures at full repli~cement ca\l

Ic.1 0 ! ! t > ~ ~ w / s t r ~ ~ c t t ~ r e is partiall!. affected. repalring cost to Ic\lort. i t to hrmer or

,,.[I I ' ?!'\ ha\.e lo rebuild rhe milin huuw. the) $1 i l l ~x:i..:!\. c: ( i ~l;unspo~.tation

: r l l m , I I O I less than 500.000 VNIl/I-IH to mow their \a!. . . I - l l rnate~.ial\. a ~ c t s ... :

% , I L , I I C C l i \ in2 ;tllv\\ancc.\ t.cl~~i\.alenr 3 0 kg 01' ~.ii~* . 11 1 It-I ' i ~ncmhc.~- 1121.

Project investment report for the water supply system in Hatinh Township phase I! - RAP

and transfer the acquired land to the project on time according to the project

resettlement schedule; (iv) Special social assistances more than 1,000,000.00 VND if

they are currently receiving social assistances

PAPs lositlg residertrial latld witit s tr .~~ct~~r-es built there011 arld wit l io~~t I-emairiirlg

larid s ~ ~ f i c i e t ~ t to rebuild on (relocating PAP):

( 1 ) The PAPs can opt to one of the followings:

(a) The provision of replacement residential land of equivalent size, at a location

acceptable to the PAPs with full land title without any cost;

An amount of cash sufficient to develop basic infrastructure, including access road,

access to electricity, to water supply, drainage, which at least are equal to conditions

existed at the former location.

OR, on request as the DP's fully informed choice,

(b) Cash compensation for entire residential land at full replacement cost

(2) Compensation for affected structures at full replacement cost; AND,

(3) Rehabilitation allowances, including (i) transportation allowance from 1,000,000

to 3,000,000 VND per HH; (ii) subsistence living allowance equivalent 30 kg of rice

per each HH member per month for 6 months; (iii) Incentive bonus if the households

demolish house/structures and transfer the acquired land to the project on time I . according to the project resettlement schedule; (iv) Special social assistances more

than 1,000,000.00 VND if they are currently receiving social assistances

3.6. Compensation Policy for Loss of Houses/Structures

1. Loss of Ho~~seslStr.~~ctlfr-es:

PAPs losing houses and/or other structures will be entitled to the following:

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

full rephicement cost of house/structures affected for materials and labor. The amount

will be sufficient 10 rebuild a structure [he same as the former one at current market

prices.

( i i ) [f house/structure is parti2illy affected, the Project will provide a house/structure

repairing cost, in itddition, to P.-\Ps to restore it to former or better conditions.

( i i i ) Co~npensatisn and assistance tvill be provided in the form of cash. No deduction\

{{.ill be mucle for depreciation or sal\.ugeable materials.

(i!.) 'l3e calculalio~~ of rates \ \ i l l be based on the actui~l itffecled ;Ire;\ and not ~ h t :

L I S ~ L I ~ I C ~1rei1.

2 1 ( ; I . ( 1 \,o.\,

('ol1il1~11\;11ioii ct\\[ for ~ ~ ; I I . c \ ! !~LISI be rcmo\,ed includes cost\ of c.\c.:!\at!~,!!.

r ~ ' I o ~ ~ ; ~ ~ i r ~ i l . rehuri;~l ;lntl orher rcl;tlctl costs. C';~sh of compt.ni~~tit)~i \ \ - i l l i ~ c 13:rl t l 1 ' 1 .

caiii 11, ~ 1 1 \ ~ 1 1 0 1 ~ 1 ;t!'tc.i.\~.il.

.: ! , I , , \

Project investment report for the water supply system in Hatinh Township phase II - RAP

Who have leased a house for residential purposes will be provided an assistance equal

remairiing renting contracted value, but not exceeds renting value'for three months,

and transportation allowance for moving assets, as well assisted in identifying

alternative accommodation.

3.7. Compensation for loss of Standing Crops and Trees

For annual and perennial standing crops, regardless of the legal status of the

land, compensation will be paid to households who cultivate the land, according to

the full market value of the affected crops and/or at replacement cost for affected

perennial trees.

3.8. Compensation Policy for Loss of Income and/or Business/Productive Assets

The mechanism for compensating will be:

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

average monthly net income at least for three months;

(2) If businesses or productive assets are affected, cash compensation for lost

business structure/assets at full replacement cost for legal owners, without

depreciation and deduction of salvage materials;

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

equal size and accessibility to customers, satisfactory to the PAP, or, in cash for *

business affected area at replacement cost, plus transportation allowance to remove

movable attached assets.

3.9. Temporary Impact During Construction

For temporary loss of land and properties. PAPS are entitled to follows:

For arable land that will be temporarily affected:

(i) Compensation for one harvest of crops/trees at full market prices

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

planted for the duration of project temporary use. AND

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

improve land quality in cases of land being adlrersely affected or acidified. AND

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

P A P have option to: 1 ) Continue using lancl. OR. 2 ) "Cii\.e it to the Project iund be

compensated as permanent loss

For temporary loss of residemttitrl land:

( i ) Cornpensr~tion for all ;~ffec~rtl ~ n o ~ a b l e properties at full repl~~cernent cost.

( i i I Restoration of land to irs ~)I-L.\ ious c)r better clt~alit! .

For temnporary immlprrct or1 hl~.\itrt,.r.v:

( i ) C'ompensatio~i for relnl'o1.1:: k,si [) I ' incomc. cclr~i\alc.nt s n a\.erase ~nonrhl! 11c1

income for the durstion ot' 171 ' ' ' !~-I~IooI . ; I I . ! \Isc,:

I 1 1 ) C'cml~c'nsi~tic,n I'or ; 1 1 l . I ( ! : l o \ ; I I > I C I ~ I . O ~ C I ~ I ~ L ~ \ :I[ f ~ d ! ~.~~place~netnt c o ~ t .

Project investment report for the water supply system in Hatinh Township phase II - RAP

(iii) Restoration of land to its previous or better quality.

For damages caused by eontractors to private or public structures: b

Damaged property will be restored by contractors immediately, after completion of

civil works, to its former condition.

Under their contract specifications, the contractors will be required to take

extreme care to avoid damaging property during their construction activities. Where

damages do occur, the contractor will be required to pay compensation immediately

to affected families, groups, communities, or government agencies at the same

compensation rates that shall be applied to all other assets affected by the Project. Ln

addition, damaged property will be restored immediately to its former condition.

3.10. Secondary PAPS

This applies to those affected by development of individual resettlement or

group resettlement sites. Because all secondary PAPS are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation

assistance in accordance with the same respective provisions for all other PAPS

3.11. Compensation for Loss of Community Assets

In cases where community infrastructure such as schools, bridges, factories,

water sources, roads, sewage systems is damaged, PMU will ensure that these would

be restored or repaired as the case may be, at no cost to the community.

3.12. Allowances and Rehabilitation Assistance During Transition Period

Reorganizing PMs, who h%ve to rebuild main house on remaining land, and

relocating PAPS are entitled to:. (1) transportation cost of 500,000 VND/HH for the

reorganizing PAPS and from 1,000,000-3,000,000 V N D m for relocating ones; (2)

subsistence allowance equivalent 30 kg of rice/person/month for 3 months if PAPS

have to remove on the remaining land , and for 6 months if they remove to a new site;

( 3 ) Incentive bonus not over 5,000.000 V N D m if the households demolish

house/structures and transfer the acquired land to the project on time according to the

project resettlement schedule: (4) Special social assistance.; more than 1.000.000.00

VND i f PAPS are poor and currently receiving social assistnnces

%\(,rely affected farmers are entitled to rehabilitation ahhistance to restore their

li\vlihood not below the standard before the Project. and preferable better than

before. People loosing more than 20Ck of ;\griclll[ur.:~l land with receiving

compensation for land for land in cash will be pro~~ictecl \ \ it11 rehabilitation assistance

of \,due not less than VND 5.000.000 per householtl. l'his sho~llci be ac?ju~te

annu~~lly with inflation.

-I. Institutional arrangements

The pro\'isions and policies of the RPF ;\ntl rhe I: I ' . \ i l l t'or~ii the lesal basis

for. rhe implementation of rrscttlen~ent ;~cti\ it ic . \ i ~ i ' \VSDI'. Compensation

C 'o~n~~l~t ters can be establishrtl ;it pl-o\,inci;tl ;~litl/o~- < I ; . : ; - cl. in ~~cc.or.il:uicc. \\ it11

I )L~~: : -L~c 22/CP. lt)i)S. if ~-c.s~~rlenit .n[ inil~acr 01' I W ~ ~ I L ~n~itlc.~.:~l~lc. \\-ith 20O

11, ~ ~ ~ ~ L ~ l i o l c l s ie\rerel> ~ifl'cctetl 01. .~i~or.c. I I ' I < \ < I ! I \ I ~ I X I C I i \ i11~;~ll. 11t)t

I-. * I - , : ( lcl-xble. .;till ;~ccol-ding I , \ I.)rcl.et. 71;'C'I'. : ' ) O h . L ~ ~ ~ ~ ~ . c . ( l c~\t;tbli\Iiing ,I

Project investment report for the water supply system in Hatinh Township phase II - RAP

compensation committee. In this case, PMU can discuss with affected households

about compensation options, based on provisions, principles of RFP of the project.

The following is a general overview of key resettlement responsibilities at/for each

levellunit involved in Project

4.1. Provincial People's Committee (PPC)

The PPC is the Executing Agency (EA) responsible for overall implementation of

the project, including implementation of RAP. The PPC is responsible for

following project's approved by Prime b s t e r Abbreviation Resettlement policy

framework (ARPF) for as a condition to participate in the Project. It is of the highest

administrative level the body responsible for approving Abbreviation

Resettlement Plan (ARP) for its project, including compensation rates and

rehabilitation assistances measures for PAPs. The PPC is also responsible for

allocating local budget for compensation and resettlement.

After detailed engineering designs completed, the number of PAPs will be

checked and the unit compensation prices of various categories of loss and

rehabilitation types will be updated, based on the result of replacement cost survey

made in the process of implementing the project. After ARP of the project is

approved by WB. the PPC will be responsible for directing and supervising ARP

implementation, including making speedy 'resolution of any grievances voiced by

PAPS or townJdistrict authorities @ 4.2. Central Project Unit (CPU) u

For overall project coordination. a CPLI under the central government will be

established. The unit will have 2 responsible officers, fluent in English and other

administrative officers. The CPU is responsible for overall project, including liaison

between the Government and project PPCs and the WB. Specific resettlement

responsibilities of the CPU are:

( 6 ) Submit resettlement plans approved by PPCs to WB for approval.

(7) Implement XRPFs and XRPs of the project

(8) Consolidate project progress reports on compensation, resettlement and

land acquisition for the Ministry of Construction and WB.

( 0 ) Consolidate project accounts. and reviewing audited accounts.

( 10) Hire and monitor consultants, including independent organization

monitoring resettlement activities.

-1.3. Provincial Steerin:: Committee (PSC)

.\ provincial steering committee (PSC). on behalf of the PPC. ~ v i l l ha\rr

o\.rr:~ll responsibility for prc?ject iniplementution. The PSC consists of the PPC

c h:1i1.person/\,ice-ch:1irpe1-~~711: d irectors/deputy directo1.s of pro\ i nci;~l line

drl>.~l.hnrnts including depart~nrnts of Construction. Finance. F'lanning and

I~ l \~ . \~ rn t . l~ r . DONRE: cliairl~cr~o~i/\~icr-chail-person of thc [)PC'. cli;~il.lj~~.\oii of tlit:

I'I.O, i~~c. i : t l \Vo~nt.n'\ Ilnion. ;inti mallilgrr of rh r P~-(,ir.c.t \l;\nagcn1~111 l ' l ~ i l 1 I'\II'). K i ' \ l ) c j l l \ i hiIir1c.s include I'oIlo\\..;:,

1 I 1 > , i i l lhc. 1,1,(' re\.ici\ rllc. I<]' ~lpdated k!. the 1'JIi' . ' . 1111 I .<\ I \ L . , ! 1 ~ 8 ~ l l t ~ ~ ~ , L ~ ~ ~ o ~ ~

1 . 1 ' ~ , l \ L ~ ~ l 011 :I l ~~~ l i l c~e l l l~~ l l l , # \ I \Lll.\r.!~.

Project investment report for the water supply system in Hatinh Township phase II - RAP

(ii) Advise PPC to issue decisions on acquisition and allocation of land required for

development of subproject components, including allocation of land to poor and

vulnerable DPs;

(iii) Advise PPC to approve resettlement budget and ensure timely disbursement of

funds;

(iv) Advise PPC to review and approve resettlement documents submitted by PMU

for its approval;

(v) Advise PPC and PMU on ways to redress and resolve any DPs grievances that

have been appealed to PPC, and refer all DPs grievances to the appropriate channels.

4.4 Provincial Project Management Unit (PPMU)

The PPCs will set up PPMUs in water supply companies of the provinces, for

daily project implementation, including RP. It comprises technical, institutional.

social and resettlement, administrative management, and accounting divisions. The

PMU will be responsible for the following key resettlement activities, not limited to:

(8) Update RP of project at time of project implementation when detailed design

will be available, and submit the updated RP to PPC for approval.

(9) Co-ordinate project execution activities and land acquisition activities.

(10) Start and speed up the implementation of informing campaigns.

preparing and distributing Project Information Bills (PIB), and consult with PAPS

according to instructions of the project. The committee takes the main responsibility

of preparlng documents, charts and other relevant terms, and cah commission

someone to do it if needed.

(1 1) Develop the mechanisms through which resettlement disbursements

and compensation payments for PAPS will be made. Prepare any relevant documents

that may be required;

(12) Coordinate with other departments for effective implementation of

the RP approved under the project, and in compliance with the resettlement.

principles and objectives of WB. Ensure proper implementation of rehabilitation measures and supporting activities:

(13) Ensure timel!. ciisbursement of funds and resettlement budge1 allocation for compensation payment and rehabilitation assistance for PXPs.

Coordinate compensation payment for PXPs.

(14) Apply accountil~g and auditing mechanism to resettlement activities.

Prepitre and submil periodic progress reports of social conclitions of structures and the

process of imple~nenting rc'sett lc~llerit plan to PSC and WB.

4.5. District People C o ~ i ~ n ~ i t t e e

The ciistrict People ( ' O I I I : I ~ I I I C C ~ ;ire rc.sponsible for identific;itioli of land i~li i l

str~lctures an11 appointilly 1111: : ' 1 1 ., ot thc DRC ;~nd assigning functional [ask\ for ~ ! I L .

DKC.

4.6. District (:oliil)e~~.\,t: - ,,: 1. 'oni~liittce

\ rc'settlc~lle~lt ~011117.111 y I>Y L ~ \ ~ ; ~ l ~ l i \ l i ~ d 111 Ii11e \i.ith :irr:i~ige~;~c~i~\ O L I L I I I ~ L . ,

1 1 l ~ ~ i i ~ i c i ~ l ; t ~ I?!'. E:l~ll its 1 1 1 1 1 . : L ' ~ l ! ! ~ ~ ' ! \ ;111cl it c ' I ~ ; I I I . . . l ' I l~ ' ~~e~c't~telllc‘lll i ~ ~ l l l ! l l l l '

it i l l ii01.k cio\cl! -.,. I I ! ) , I I , , I ' ! ~ : ~ C I I ~ L ~ ! I I L ~ I ; I - I ~ C ~ L I I C ~ C ~ I>.,LIL,\ . -1-IIC i ,

Project investment report for the water supply system in Hatinh Township phase II - RAP

chairperson or vice-chairperson will act as the resettlement committee chairperson,

and representatives from district departments, including construction, planning and

investment, land use management, urban management unit. members of mass

organization, representative of PAPs, and other members as required. A P m ' s staff

should be a member of District's resettlement committee, unless otherwise

requested. The resettlement committee will assist the DPCPPC in decision-

making on resettlement issues. Key responsibilities of DRC are follows, not limited

to:

(8) Planning and implementation of for all resettlement activities in their

districts;

(9) Finding adequate land for individual relocations

(10) Being responsible for DMS, finalizing compensation forms, preparing

compensation charts to submit to the PPC for approval and cooperate with PPMU for

delivery of compensation to PAPs or carry out the payment to PAPs if delegated;

(1 1) Establishing inspectors to redress PAPs grievances on resettlement

policies and entitlements;

(12) Establish (if required) commune compensation committees (CRC), and direct their activities during resettlement implementation;

(13) Pay special attention for special groups (minority ethnics) and vulnerable

people (children, olds, households with female householders)

( 14) Cooperating fum with the external monitoring organization D

4.7. Agency Responsible For External Monitoring One agency or institute, specialized in social sciences must be identified and

engaged in order to carry out socioeconomic surveys, monitoring, and evaluation of

RAP implementation for the Project. The PbKJ will sign contract with the selected

External Monitoring Agency ( E M or, in other words. IMO - Independent

Monitoring Organization). External monitoring cost will be included in the project's

cost. The IMO will 5ilbmit periodic reports on the implementation process and make

recommendations regarding the issues identified

5 . PREPARATION OF SUBPROJECT RESETTLEMENT PLANS At each province, a l'ro\.incial project management unit will be established to

implement the project. Based on generril Resettlenient policy framework of the

PI-o.lect. each Pro~incial project rnanasernrnt unit will prepare ;I Rc.settlernent plan of

the province and send the draft of Resettlement pl~ui to Celitral Project Unit. the

hlinistry of Construction to s~ibrnit to the World Bank for appro\,al.PPC will

officially approve Resettlement plan of iub-project after the plan is appro\.eci b!; the

World bank.

.\ Full R P is required to indicatt the st.sult of \oclal :I\ie\imelit. shelving thiit the

rc\cttlemerit effect is 5igllificiint for c ~ c l i \LI~-~>I .OILI . I . I'his Kehettle~ncnt pl;\n i \

l>~.~~l~~krecl before tile appr~iihi~l 01. pro.iect. '1-Iic ~ ) I ; I I I I ~ I L I , ~ , I : ( ] \ \ l < ~ , ~ e t ~ I e ~ n e ~ ~ t objecti\,e\.

!jol~c.ies. xtrategy. ant1 includc rhc folio\\ 111s , I I I I C I : I \ .

- Descripticxi o f tlw \ U I ~ - ~ > I . ~ : I C ~ I

- Pote~~~iaI I I I ~ ~ ; L C I \ 1 1 . I! : , ~ ~ I . O ~ ~ C - ~ 1

Project investment report for the water supply system in Hatinh Township phase II - RAP

- Objectives

- Socioeconomic study

- Law Framework;

- Compensation eligibility

- Evaluate and compensate affected assets

- Select, prepare location for resettlement and relocation

- Housing, infrastructure and social services;

- Environment protection and management;

- Organizational arrangements and responsibilities;

- Public participation, Consultation mechanism and grievance redress;

- Implementation Schedule;

- Cost estimate and budget.

- Monitoring and Implementation

An abbreviated RP is suitable when the sub-project causing insignificant

resettlement effects. The RP should be prepared before the project appraisal. The plan

must include the following contents:

- A census survey of DPs and affected assets;

- Description of compensation and other resettlement assistance to be provided;

- Institutional responsibility for implementation and grievance procedures;

- A timetable and budget.

5.1 Preparation of Subproject Resettlement Plan Preparation of a sub-project must have participation of public and must be

analyzed on many aspects, including a social assessment. In the subproject

preparation. to prepare the RP, the following steps may be followed:

Step 1. Based on the preliminary subproject design, the subproject will be identified

as having one of the following resettlement effects: (i) no resettlement effect, (ii)

insignificant resettlement effect, and (iii) significant resettlement effect. Both (ii) and

( i i i ) recluire preparation of a resettlement plan (abbreviated or full j.

Step 1. Complete detailed design of ci\.il works of sub-project, based on consultation

of people likely to be affected and engineers to mitigate resettlement impact. For

e.u;~~nple. selecting, setting or adjusting water conveq.inp and distributing pipeline

route and prior to pavement sites of transportation lines can mitigate sisnificantly the

Ic.1 cl of resettlement impacts on affected people.

Step 3. For subprojects falling under categories t i i ) and ( i i i ) aboLte. a primary social

:i\\ri\llleut to identify all potential social and negati1.e effects shall be conducted. .All

I l l ' census survey of all the potential DPs shall be conducred. 'This include5

\OL ~occonomic c l ; ~ t i ~ of I>.-Ips. measurement of type. : ~ r i ( i Ic\.rl of loss. .rhe ct.l i~~r\

.L%! ((,I- the DhIS) establi\hes the cut-off c l i ~ t t . till- the ~,lisibilit!. o t entitlemct~it. ulicl

!,. .:!.!.iccl ~ I L I ~ in ~ h t . :t~te~idanct. of relo\,ant loc~il aut l?o!! !~i . \ . 7'hc t'ollo\\ing t! pe (it'

, ! . I : irked.; to ht.c~c~llec.t~tl:

I I I ~ ~ ~ I . I ~ ~ : I ~ I O I I 01. , I I ~ I ' c L ~ ~ c Y I people. i1~1111bt.1. 0 1 ; ~ l ' t ~ , ~ , ~ , , ~ ~ C V ~ I C :

Project investment report for the water supply system in Hatinh Township phase II - RAP

- Inventory of all property and assets affected a Socioeconomic production systems and use of natural resources

Inventory of common property resources if any

Economic activities of all affected people, including vulnerable groups

Social networks and social organization

Cultural systems and sites

(iv) Data about lands and areas in the area

Map of the area and villages affected by land acquisition

Total land area acquired for the Project

Land type and land use

Ownership, tenure, and land use patterns

Land acquisition procedures and compensation

Existing civic facilities and infrastructures

Step 4. Ln parallel to DPs' census survey, consultation with PAPS will continue to

identify their preferences and special needs that should be addressed in the RP. In

addition, information on market prices for land, crops, and other assets need to be

collected from respective provincial, district, and commune authorities and the local

market, so that the cost estimates for the RP can be provided.

Step 5. Prepare an RP. Matrix of entitlement in this Resettlement policy framework

(appendix 1) will be applied to each sub-project. In addition, the number of affected

people. number of affected assets. and total compensation cost for each categories

must be defined.

Step 6. Present the draft RP at the public meeting for the subproject. Any comments

made during the meeting need to be incorporated into the draft RP.

5.2 Subproject .4ppraisal One of assessment factor for sub-project is that an RP is needed to be

prepared when resettlement occurs and it must be in accordance with the WB's

In\~oluntary Resettlement Policy (OD 3.30). Resettlement plan must be prepared anci

translated in English and submitted to the World Bank for appro\.al before subproject

appraisal of the World Bank. X detailed measurement survey (DbIS) and census for

subprojects may identify new categories of DPs, anci types of loss that are not

included in the RPF's Entitlement Matri!: (Xppendi.~ 1 ). If such new categories are

found. then they ~ v i l l need to he updated, and included in the RP by the implementing

aeency for each .;ubprc>ject.

The PPCs \ \ , i l l he ~.t.\ponsible for appro\,al of the RPc ~ ~ n d all resettlelner~t-

related issues. .-\fret- t l c ~ a ~ l ~ ~ l cnpineerinp tlesipns ;ire colilplete. number of DP\ . I I I ~ ~

lost assets \ \ , i l l he rc\.i\c.~l. .lncl compensation unit r~ites \ \ i l l he uptl;itetl for , 1 1 1

categories of losr a.;\cr\ . , I ; L : lIlo\\;~llces h a d on repliicelnent io\t .iur\.c'! \ J L I I ! ~ : t

i~nl)lrmentation. I'hc I ' i l i i ~ i ! , : : ' \ 1 1 1 he cle;~red b!. \VB conli>rrn;ihle ?\it11 the I < f l l : . I : ;

t i p p r l t i I : I1I'I; 1nilsl he suhliiitrc~l I O the Pri~nc. .\lini>tc.l- 0 1 : I .

; ~ i ~ ~ I i o ~ ~ i z e ~ l ; I ~ C I I L . ! t.01. ~i I ~ ~ I ' O I . ~ ~ C I I ~ I I ~ I<) \\,'k3 fol. C O I I C L I ~ I ~ C I ~ C L ~ . '1.11~ /'IJ( 11,: I ~ ~ \ ~ ~ O I I \ ~ I ~ I L ; ' ,# I . , ' ~ ~ I C ' : ~ C I I I : L I ~ O I ~ 0 1 . t l ~ i L ~ l ~ l > ~ ~ i ~ \ c c l ! < I ' ~ I I L . I L I ~ ~ ; . L

Project investment report for the water supply system in Hatinh Township phase II - RAP

unexpected resettlement effects caused by all land acquisition, based on Resettlement

policy framework. The World Bank will not approve any construction contract of sub-

project funded by the loan, unless the government complete land acquisition and

resettlement activities, including provision of rehabilitation assistance.

6. Public participation, consultation, and grievance mechanisms 6.1 Objectives of Consultation and Public Information

Having participation of local authorities, relevant agencies and DPs fully in

the Project will make it run smoothly. Information dissemination to Project affected

persons and involved agencies is an important part of Project preparation and

implementation. Consultation with DPs and ensuring their active participation will

reduce the potential for conflicts and mitigate the risk of project delays. This will also

enable the Project to design the resettlement and rehabilitation program as a

comprehensive development program to suit the needs and priorities of the affected

people, and thereby maximizing the economic and social benefits of investments. The

objectives of the public information and consultation program are as follows:

(i) To ensure that local authorities, as well as representatives of DPs, will be included

in the planning and decision-making processes. The PCU and PMUs will work

closely with the Provincial People's Committee and the District People's Committee

during project implementation. DPs involvement in implementation will be continued

thereafter by requesting each district to invite DPs' representatives to be a member of

the PRC and the ~ ~ d a n d take part in the resettlement activities (property evaluatidn,

compensation, resettlement, and monitoring).

(ii) To fully share information about the proposed project components and activities

with the DPs.

(iii) To obtain information about the needs and priorities of the DPs, as well as

receiving information about their reactions to proposed policies and activities.

(iv) To ensure that DPs are able to make fully informed decisions that will directly

affect their incomes and livins standards. and that they will have thc opportunity to participate in activities and decision-making about issues that will directly affect

them.

(\,) To obtain the cooperation and participation of the DPs and communities in

ac'tilrities necessary for resettlement planning and implementation.

( \ , i ) To ensure transparency in all acti\.ities related to land i~ccluisition. resettlement,

~uld re habilitation.

0.2 Consultation During Project's preparation

In the preparation periocl. inforlnillg L I I K I consi~lting \\-ith the c.o~n~nunit>. is to

. I \ \CSS [lie i~npi~ct of S C ' S C ~ ~ ~ C ~ I I I C I I I ,11111 I I I ; I ~ \ C I . ~ C ~ I I I I I I C I I L ~ ; I ~ ~ ~ I I ; I ~ U L I I S S I C C ~ ~ C ~ ~ I S

~.c<luct: or elimini~re irnplic,ii l ' . l \ \ i \ ~ , i 1 1 1 l 1 ; 1 i \ 1 1 1 rhc ~~r(?ic,r L J I I the lc)c;tls. llirrtl rnLIs[ hc ~ ~ ~ ~ ~ ~ ~ ~ i s ~ t t i ~ n . ~ 10 sol\,tl px',,iI?l~, ~ ~ I . ~ ~ I ~ I C I ~ I ~ , !( I : ~~ , \ cco i i~ '~ . i .

Illfol.rning and c o n \ ~ ~ l ~ , ~ . . \ . \ , i l l I I ! , . ~ ~ ~ ~ i n ~ l l l i r > ,111 t~ 1n;lJc by: .\\.;c\\ili; . ,

, i , , h l ! t h C Nll'al ;Il.CLl\ '., I : ! . I I : , [ ( ! ; . . , ~ . ~ 1 1 1 ~ ~ 1 ~ i 1 ~ l ' ; \ l ' l ' c ~ ~ l ~ ~ ~ ~ ) c ~ ~ ~ ~ ~ c . ' i i \ ~ \ ~ i i <

Project investment report for the water supply system in Hatinh Township phase I I - RAP

affected households and areas; consulting with the community in a meeting; holding

group meeting to focus on economic-social survey.

In the preparation period of the project, local authorities and heads of levels of

governments in the provinces will be informed about the project, its objectives and

activities. They will be asked about their opinions. And they can participate in

consultations about development demands and priorities of their region. Affected

people can advise on assessment of possible passive impact of the project and

methods to reduce it, measures to increase their benefit from the project.

Local administration will be asked for its acceptance of the project and

engagement to perform the resettlement policy described in the policy framework of

the project, which reflects the policy of World Bank and the Government.

After the approval of the project, the mass media, including national and local

televisions and newspapers will inform the proposals of the project at public places,

including information about objective and activities of the project.

6.3. Consultation proposed during implementation

A . fr~formatiorr dissemirratiorr arrd cor~sulratior~

In the process of implementation, PMU, with support of consultants of the

project, undertakes the following works:

(ii) Inform Resettlement Committees at all levels of governments through

training workshops. Provide detailed information about policies of the

project and implementation prbcedures.

(ii) Informing and consulting with affected people throughout the

implementation of the project.

(iii) Update the province's unit prices, and confum land acquisition and property

impact through the result of Detail Measurement and Survey (DMS) in consultation

with P;IIPs.

(iv) After that, the district's Resettlement Committee applies the prices, calculate

the compensation entitlement for each affected person. and complete compensation

forms for each affected. Information on entitlements will then be presented on an

individual basis to PAPS in the DMS fvllo\v-up visit to each household.

(\.) Next, compensation forms, showing affected property and compensation

entitlr~nent for each household. must be signed by ~lffected people, indicating their

:lgrrernent with the result of assessment. .Any clirestionx of affected people about the

coll~c~lr of the methods will be recordrcl at this time.

~ \ . i ) Lettersfquestion about the methods of resrrrlcuirnt must be sent to al l

I .C\L.II led people:

( 1 ) Inform them :iho~~t the nietho~ls of r e ' i c ~ [ l ~ ~ i ~ c ~ l r (clescribe clr:ul!' rht:

1 I i ,:clurnce of each selection,

L . I Recli~csr i~ffected people to confirm their s c . i ~ . ~ . ~ l ( ot '~-c~t.rrlcmr~~t ~ncrhoti : ~ . i r ~xrlinlini~r! selections of resettlc.mcnl area .

i 1 I<r~luc";r ;tffccrctl ~)roplt. to I i \ l \el.\ ice\ ~ I I L . . . : ~ I I I ~ . \ L I C I ~ :t.\ C L ~ L I C : L I ~ O I ~ .

-11.~. 11iar.kc.r . :tn<l ~ h t . tli\r:~~ic.rs.

Project investment report for the water supply system in Hatinh Township phase I I - RAP

(vii) Consultation regarding PAPs preferred option for rehabilitation assistance.

This applies to severely affected and vulnerable PAPs. The resettlement

committee will inform PAPs of options and entitlement to rehabilitation

assistance before asking them to indicate preferences for such rehabilitation

assistance.

B. Commurlity cortsulrarior~

Prior to the beginning of the detailed design, public meetings must be held at

each communes to provide extra information for affected people and to discuss

openly the policy and procedures of resettlement of the affected commune. Invitation

letters must be sent to affected people at least 2 weeks before the meeting at the area.

The target of the meetings is to inform updated information and discuss other interest

issues with affected people. Together with notice letters for affected people, use other

means to inform affected people and public, such as: posters put up at easily seen

places in the communes and districts where affected people are living, newspapers,

the mass media, public posters. Both male and female members of affected

households and other people who interest in are encouraged to take part. At the

meetings, describe the project, interests and rights of the households. The meeting is

a chance to question. It will be held periodically throughout the process of the project.

Provide information for affected people at the meetings (by words, images,

printed information sheets). There must be copies of information from the township

' and communes throughout the area of project. B

The meeting is expected to have following activities:

(v) Explain affected people, by words and images, including printed information

and design drawings of the works of the project.

(vi) Provide chances for affected people to give their opinions and

questions, and they must be answered. Affected people are encouraged to contribute

their opinions about resettlement methods for affected people.

(vii) District Resettlement Committees list all affected people going to

attend the meeting.

(viii) District Resettlement Committees list all questions. expressions,

opinions and decision made in the meetings. then send them to concerned PkIU.

Affected people must be inforrned about following issues:

(ix) Project component information: l~lcluding information about places

where they can pet cietail inform;ction of the project.

[ x ) Impact of the pro,ject: Impact on people who 1ii.e ;cntl a.ork in the

~cffectecl area of the project. illcluding explaining about the requil-ernent of land

acquisition for construction sf water intake \yell. ruiv \va~el- pipelines. \\Liter. trt';clmc'nl

plant. safe water s~orage tank. \\titer con\,eying iund tlistriburins pipelil1c.s \!.\tc.rll a ~ i { l

othel- ivorks of the proJrcr.

( x i ) (:ompensation c.ntitlements and reIiahilit;~tic,n of Y.\l 's: ' l ' h ~ \ - L , L r ; (

i \rilx11:11cd fc)r- alt~.c,icd 11c.cll~lc r \ \ . i th elcpir tia~c). . \ l a h ~ ~ h f ~ n clC;ll , I I > O ~ I I ! ! ~ < , I I

C ~ ~ I ~ ~ ] ~ L ~ I ~ \ , I I I ~ ~ I ~ c ' ~ l l ~ l j c ~ ~ ~ l c ' ~ l l \ ;III,I r~. l l ;~hil i t :~l io~~ f i x C;\CII [!(>L' 01' 11110;tc.i. I I I L ~ I , ! ~ ::

1.1gl11 1 ' 1 L ' O I I I I V : ~ . , I I C L I , ! I : OIL, ' \ \ . I I O S C h ~ ~ \ i ~ n ~ \ , . .IOI> i ~ L I L ~ ~ ~ ~ I L ~ . , . ,

Project investment report for the water supply system in Hatinh Township phase II - RAP

solutions "land for land", "money for land", solutions to reorganize and resettle

people, specifications of each method and benefit affected people will receive in each

method.

(xii) Grievance mechanism and order: Affected people will be reported that

policies and procedures of the project are designed to ensure that their life standards

will be restored to the former condition. They will also be informed that all their

questions about related issues will be answered by Resettlement Committee of

communes and districts. If they have any questions about issues such as: lands

acquisition, compensation, resettlement and the progress, even payment of

compensation for their loss, they can ask and all questions must be answered by

concerned authorities. Affected people will be instructed about the grievance

mechanism.

(xiii) Rights to contribute and be advised: Affected people will be noticed

about their rights to contribute to plan and resettlement activities. Affected people can

delegate someone to attend meetings held by districts or communes committees to

ensure their contribution in activities of the project.

(xiv) Resettlement activities: All affected people will be explained clearly

about compensation calculation and payment, supervision process, resettlement in

independent area/ self-resettling area, and general information of construction

process, including interviewing some affected people.

(xv) Responsibility bf organizations: Affected people will be informed

about the organizations and all levels of government concerned and responsibility of

each, as well as names and positions of government officials, their telephone numbers

,office addresses , and office hours (if any).

(xvi) Progress of work: Affected people will be informed the expected

schedule of main resettlement activities. They will be noticed that the work starts only

after resettlement is completed and all affected people have left the project area.

Affected people must bc infomied that they should leave thc project area only after

receiving adequate payment for cornpensation For the property loss. All levels of

resettlement committees will be provided with drawings and work plan.

C. Con~prl~strtiot~ trlld I-rl~uhilirurioi~:

Notification letter will be sent to each affected person, including time, address.

i d procedures to recei\.c compensation payment. Se\,erely affected people anci

\,ulnerable people will be personally contact to confirm their preferences of

rehabilitation assistauces.

D. P I IA I~c ii@'ot-ri~tnio~r hills (PILI)

Ens~11.e that affected people. their r.epre.;en~;iti\~es ~uncl local go\.er~i~neuts in ;ifkcled arras can ~~nderstand thoro~~phl!. cietails of resettlcn~en~ progr;lnl. The!: \ \ i l l

be i~ifo~-meJ about cumpens~~tiori alict I-c\e~tlemcnt ~.mlicics nl)plictl to the projec~.

Pn?ject co~itsal unit PC'[[. \\ . i t t i \ L I ~ ~ O I . I 01' - . O I ~ \ L I ~ ~ ; I I ~ I \ . L ~ O I ~ I ~ X ) \ C I'll<. i~-ith C O I ~ ~ L I ~ ~ ; ~ I I C ) .

of LVB. -1-1ii.s L ~ O L . L I I I I ~ I ~ ~ \ \ . i l l be \<lit I ( > < 1 1 i . ~ l ~ i c c ~ c ~ l j~co17lc~ i n tlic l>~.oiect ;trc;i. Ge~ierid

infarln;itio~i of I'IB is ;I\ fullon.\:

Project investment report for the water supply system in Hatinh Township phase II - RAP

Describe generally the project, work process, project's impact, interests and

compensation of affected people; policies on resettlement and rehabilitation

assistances, offices concerned with resettlement, information dissemination and

consultation with affected people, works must be done if affected people question or

complain, grievance mechanism and independent supervision.

E. Disclosure: In addition to disclosure to affected people and communities, the resettlement

policy framework and activities plan must be available at PCU Hanoi, public

information centers of province, PMU, and districts of the project.

6.4. Grievance redress procedures

Affected people can send their question about compensation entitlement,

compensation policy, payment of compensation, land acquisition, resettlement and all

their entitlements related to other rehabilitation assistance programs. Their question

may be put verbally or in written form. If they question verbally, receiving committee

write it in the first meeting with affected people. Local mass organizations including

Fatherland front, veteran's organization, farmer's organization, mediators'

group.. ..are mobilized to actively participate in process of solving of PAP'S emerged

complaints/grievances. There will no administrative charge and other stipulated fees

for them.

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

Stage 1: Complaints forms PAPS on any aspect of the resettlement program,

or losses not previously addressed shall first be lodged verbally or in written form to

the people's committee at commune level. The complaint can be discussed in an

informal meeting with the plaintiff and the chairman of the people's committee at

commune level. The people's committee at commune level will be responsible for

resolving the issue within 15 days from the day it is lodged.

Stage 2: If no understanding or amicable solution can be reached, or if no

response from the people's committee at commune level is received by the PAPS

within 13 days of registering thekomplaint, he/she can appeal to the District

Resettlemenl Committee. 'fie DRC will provide a decision \vithin 1 month of the

registering of the appeal.

Stage 3- If the P,AP is not satisfied with the decision of the DRC or its

rc.present;~li\.c, or in the absence of any response by the DRC. the P.-\Ps can appeal to

the I'ro\.illci;ll People Committee. The Pro\*incial People Committee ~ogrther \vith the

represrnt~~ti\,e of the PSC will pro\,ide ;I tlecision on the appr:~l \.\ithin 30 days from

the \I;I! i~ is lodged with the PPC..

Sti~gt. 4: II'the P.-\P is still not iatisfieil \vith the decision 0 1 IIIC ['PC or PSC 011

, I I ' I I C ' ; I I . 1 .1 111 .~hscnce of any response from the PPCIPSc \ \ . i t h ~ l l 111~. .~ll>ul;~ted time. the

I' I '\ , I \ 1 ; , I ,I I.CSOI-t. III;I!, silh~nit l~is/her c;lic to ~ I I C ~Ii>tl.ict ~ ( l ~ 1 l . i

7 . I ~ ~ ~ l ~ l t . ~ ~ l ~ ~ ~ ~ l i t t i o n schedule

I IL ! ('lr;\rance I'li~rl ~ u c i Sclicclulc \ \ . i l l IY i n c ~ l u t l ~ ~ ~ l I ' ot' t':\c'li \uh-

! \ I 5 1 i~lt~~nciita~ion sch rd~~ le i \ ;IS tl~llv\\ \ :

Project investment report for the water supply system in Hatinh Township phase II - RAP

1. Information Dissemination. Public information meetings will be held in m all potentially affected communes to inform the communities about (i) the project

scope; (ii) impacts; (iii) entitlements for all categories of loss; (iv) schedule of

activities beginning with the detailed design survey; and (v) the grievance

mechanism. The PIB will be prepared and distributed to all affected communities

during the meetings.

2. Establish compensation councils/committees The provinces will set up provincial and district level compensation

councils/comrnittees right after the approval for the project.

3. Training for Resettlement staff. Once Resettlement Committee have

been established, all local resettlement staff at PMUs, PRCs, DRCs, and commune

levels will be trained by the PCU assisted by resettlement specialists. Training

subjects will include.

(i) Objectives of RP:

(ii) Principles, policies, and entitlements of the RPs;

(iii) Consultation and information dissemination methods

(iv) Implementation steps, procedures, and schedule;

(v) Grievance redress mechanism; and

(vi) Powers and obligations of individuals/agencies involved in the process of

resettlement programs. 1 4. Updating Compensation Rates. During the prelimihary detailed design

process, the PPCs will update unit rates at replacement cost for all categories of loss

and adjust allowances to account for inflation. This will be done in consultation with

DPs and local government agencies.

5. Detailed kleasurement and Census Survey. Before each new phases of

the VUWSDP new DMS will be conducted in each subproject area after completior~

of the detailed design. These surveys will serve as a basis for compensation and

updating RPs.

6. Pricing ;ipplication and Compensation to DP. Resettlement committees

at all levels will be responsible for pricing application and preparing compensatior~

charts for each affected communeldistrict. These will be subject to verificatioo by

PPbIU, PPCs. and PCU of unit prices, quantity of affected ahsets. DPs' entitlements.

etc, before posting them at each commune for the people to review and comment. .-\I1

compensation forms must be checked and signed by the DPs to indicxe their

;tgrec.ment.

7. Compensation and allowances lvill be hi~ndlecl under instruction ut

consulra~irs ~ u i c l the silper\,ision of reprt.hentati\rs of CPC. D K C ;~nd rc.prt.se!itat iie\

o f DPs.

8. Rutlgct

.ro pr-el~;~~.c t'u11~1 tor c.\~?cr~~iiru~.e\ 01' jv~\jt.i.r. it's nt'cessiu.!. t o ~n;thc prc.limi~i:~r-! L . O \ I

C S I I I ~ ~ ; I L ~ O I I . 1, ' t11i(I t'o~. l?.\l' 01' ~ L I I ~ - ~ ~ I O ~ ~ C [ is h:ihed 011 i~p(i:~tccl C O I I ~ ~ ~ . I ~ S ; I I I ~ ' I ~ I . , I I L , ~ .

~ii:~ilc I > > L.<ICII l)l .o\. i~l~.~,. I'llc I , ; I I L , \ . , I I ~ I rctlec~ 1~ep1i1~e1iic.111 L,O,!, C ~ L I ~ I I I ( , I I I ~ ~ I L,<,I

p~.i~.c, . I i t ~ ; l ' ~ , . . ~ c < l ~ I , - L , : - . : I I , : I L . ! I . , . 1 ; ' k . o ~ ~ ~ ~ ) i . ~ i \ ; ~ ~ i o ~ i .

Project investment report for the water supply system in Hatinh Township phase II - RAP

9. Monitoring and evaluation 9.1. Monitoring Monitoring is a continuous process of project implementation evaluation, related

to unanimous schedule, input usage, infrastructures and services. Monitoring provides

all stakeholders with continuous feedback on implementation. It identifies actual

or potential successes and problems as early as possible to facilitate timely correction

during project operation.

Monitoring has two purposes:

- To venfy that project activities have been effectively completed including

quantity, quality, and timeliness.

- To assess whether and how well these activities are achieving the stated goal

and purpose of the Project.

Regular monitoring of the RAP implementation will be conducted by

the implementing agencies (PMUs and PSCs) as well as by an independent external

monitoring organization hired by the PCU.

9.2. Internal Monitoring Internal monitoring of the implementation of the project RAPS will be the

responsibility of implementing agencies, with the assistance of the project

consultants. The implementing agencies will oversee the progress in resettlement

preparation and implementation through regular progress reports.

The main indicatdrs that will be monitored regularly are: . (i) Payment of compensation to PAPS in various categories of loss,

according to the compensation policy described in the RAP;

(ii) Delivery of technical assistance, relocation, payment of subsistence, and

moving allowances;

(iiij Delivery of income restoration and rehabilitation assistance entitlements:

(ivj Public information dissemination and consultation procedures;

(11) Adherence to grievance procedures and outstanding issues requiring management's attention:

(v i ) Priority of PXPs regarding the options offered:

(vii) Coordination and completion of resettlement activities and award of ci\,il

works contract.

Implementing agencies collect information monthly from \.arious Compensation

Committees. A database of inforrnarion about resettlement monitoring \\..ill be

maintained i ~ l c l updated month1 y.

' h e implementinp agencies !\-ill \rlld to PCU a report i~bout biulking situation.

The report should contain:

( i ) Number of PAP by t)l>c, o f lo\\ aticl co~npe~isi~tio~i. relociitioll and

rehabilitation sctiedi~lr b!. ei1c.h cc~1llllrl11~11I. \ i i I Blrclget iillc?c;~~t~l ~ I . O , I L , ~ :. ,!<.I i s , 1 1 IL- \ L ~ I - ~ ~ o ~ ~ ~ l ~ c ~ i \ ; ~ t i o ~ i ;11ic1 (ii\b~rrse11ieri1

;IIIIOIIIII for c';icIl ;~cti\.ilie\ ... ,

I r i i ) O L I ~ ~ L I I ot s r i e \ ; 1 1 1 ~ ~ , y 7 - \ I I I ~ r~~c111i1.1iig \ t ~ I \ ~ t i t ~ ~ i . i of ; I L I [ ! ~ L ) ~ I I ~ ~ \

L . O I ~ L ~ L . I - I ~ L Y ~ ( 11' ~III!. I:

Project investment report for the water supply system in Hatinh Township phase II - RAP

(iv) Issues arising during implementation (if any) and solutions.;

(v) A report on progress of the resettlement and updated report on the coming

time.

9.3. Independent (External) Monitoring

- Purposes: The general objective of the external monitor is to provide an

independent periodic review and assessment of achievement of resettlement

objectives, the changes in living standards and livelihoods, restoration of the

economic and social base of the affected people, the organizational

effectiveness, impact and sustainability of entitlements, the need for further

mitigation measures if any, and to learn strategic lessons for future policy formulation

and planning.

- Responsible organization: According to the requirements of the World Bank,

PCU will hire an organization for the independent monitoring and evaluation of RAP

implementation. This organization, to be called the Independent Monitoring

Organization (IMO or IMA) is specialized in the Social Sciences and experienced in

resettlement monitoring. The IMO should start their work as soon as the updated

RAP have been approved.

- Indicators of monitoring and evaluation: Following indicators will be monitored

and evaluated by IMO:

(iv) Payment of compensation will be as follows: (a) full payment to be made to all affected persons sufflciently before land acquisition; (b) adequacy

of payment to replace affected assets.

(v) Provision of technical assistance for house construction to PAPS who

rebuilding their structures on their remaining land, or building their own structures in

new places as arranged by the project, or on newly assigned plots.

(vi) Provision of income restoration assistance.

(vii) Public consultation and awareness of compensation policy:

( a ) PAPS should be fully informed and consulted about land acquisition,

leasing anct relocation activities;

( b ) The monitoring team should attend at least one public consultation

procectures. problems and issues that arise during the meetings. and solutions that are

prop~sed:

( c ) Public awareness of the compensution policy and entitlements will be

assessed ilmong the P.+Ps:

(d I .Assess~nent of aivareness of various options :~\.:~il;~hlc t o P;\Ps ;IS providecl

for in the KPs.

(viii) .it'fected persons sho~~ltl be monitorccl : :c .~~.~ling re.;lor:~tio~l of

~)rociucti\~e a~ti\~ities.

j i x ) 'Ilic. I t . \ ~ l of s;~tisfi~c[ion cd' P..\13s \\ i ~ l i :c l - i i l t l , , . . . ,I' the KI' n i l l be

I I I r c l l e opt.l.;~[io~i ot' rlw I I I ~ : . ! ~ . , Iiv. ~~.ic\.;ulcc

i.~.,I~i.\x I I I C ! 1 1 1 ~ <peeel of ~ I C \ , ; ~ I ~ L , ~ * I . L Y I I Y \ \ \ \ i l l ~ I I < I I I I I , ,. , :

Project investment report for the water supply system in Hatinh Township phase II - RAP

(x) Throughout the implementation process, the trends of living standards will

be observed and surveyed. Any potential problems in the restoration of living

standards will be reported.

9.4. Monitoring Methodology A. Sample S~irvey

A socio- economic survey will be required before, during and after resettlement

implementation to provide a clear comparison of success/failure of the resettlement

plan. Monitoring will be on a sample basis. The sample size should be 100% of

relocating households and severely affected farmers, and at least 10% of all other

households. Sample survey must be carried out twice a year.

The survey must involve females, olds and other vulnerable ones. Representation

of males and females must be equal.

A Post-Resettlement Evaluation will be canied out 6 to 12 months after

completion of all resettlement activities.

B. Database Storage.

The MO will maintain a database of resettlement monitoring information. It will

contain files on results of independent monitoring, PAPS surveyed and will be

updated based on information collected in successive rounds of data collection. All

databases compiled will be fully accessible by implementing agencies and the PCU. e C . Reporzitlg e

The MO is required to submit findings of monitoring process periodically once 6 moths. These monitoring reports will be submitted to PCU, and then will be

submitted to WB in the form of appendix of work progress report.

Monitoring reports will be discussed in meetings of MO, PCU and implementing

agencies. held right after submission of the reports. Following activities will be

implemented based on difficulties and problems indicated in the reports and

meetings.

0. Mnlrito~-ilrg Rrpot-r Follobcf-Up

The monitoring reports will be discussed in a meeting between the ILIO, PbN and

implementing agencies, which will be held immediately after the MO's submission of

monitoring report. Necessary follow-up action will be taken based on the problems

uncl issues iclentified in the reports and tollow-up discussions.

0.5. Evaluation

E\paLui~tion is conducted at regulated time. about resettlement impact and

achie\.ecl objecti1.e~. Ill10 \ \ , i l l carry out a11 e\.aluation of resettlement process iuld

impact 6 to 13 months i~fter conipletion of all resettlemenr acti\.~ties. using cluestions

:und salnplt..; i~sed in monitoring.

- - - -. Duan dau tu HT cap nudc th! xB Ha TTnh vA vllng phu can giai doan I1 .

.)

A111,endix 1 : Cosl~~ensalion elltitlelllellt matrix of Vietnam Urban water supulv development pro-iect - I --- -- --

Y o '1') pc 01' lobs

01. 11 tl's tolit1 1 or l.eg;~liz;~ble riglits to use I (i) Cash compensation for acquired larld I remaining land is less than

. ---

I .c \ \ ~ll 'trl 209iia

O I I I~ousellol(l

I I ~ C O I I ~ C illid L;~nd Users With

ENrI'I'I'I.EI) PERSON

1,egal irwi \ \ ~ t l l pe~~llnllz~lt

1;uitl llultli~lp lost. the affectetl lal~d.

COMPENSATION POLICY

PAPS will be entitled to:

at 100% of replacement cost, and

(ii) Cash compensation for crops and trees at

IMPLEMENTATION ISSUES

If the viability of the

the minimum viable economic

unit, then the entire piece of

market price.

(i) Cash colnpensation for acquired land

I legalized as 1 iu~d trees at market prices; I

land would be acquired and the

DPs would fall under the next category.

livi~lg stunt1al.d~.

I replacenlent cbst; ( growing crops/trees, which is

Temporary or Leased

Kigh~s to Use Land that

can not be

User wi~hout (i) In lieu of colnpensatioll for land, a

legal rights to cash equivalent to 60% of land

(ii) Casll compensation for crops and

trees at mitrket price

equivalent to remained investment put

on the laod; AND

(ii) Cash compensation for loss of crops

In case the DPs casually

utilize the public land for

subjecting acquisition by the

project, then shethe will not

be compensated for land, but

will be compensated for crops

and trees at market prices/replacement

cost.

h l o ~ c 1lli111 2 0 % it I.egi11 L I S ~ ~ wri111 (a) - As priority, compeusation "land for . -

Rehabilitation assistance will be applied in

I ) I)(* 01. loss I I-. - - . - -

DU an dau t u HT cap nudc thi xa Ha 7inh va vljng phu c+n giai doan I 1 . ----

o f I IH's permanen1 or land" equivalent productive capacity at a

location acceptable to the DPs, or,

- If requested, or "land for land"

is not avi~ilable, cash compensation for

the lost land at 100% of replacement

cost, plub a rehabilitation assistance of

value no1 less than VND 3.000.000lHH for

10~1.

.%\,ere i~npact on

housrhold

i~lco~lle ant1

traninglrrtraining and intensifying of

the existing occupation or shifting to

new ones, combining with technical

rights lo use

the affec~ed

land.

IMPLEMENTATION ISSUES

case if

the option "land for land" cannot be

available.

The forms of assistance should be

consulted

closely with the entitled PAPs to ensure

appropriate and effective measures

assisting the

PAPs to restore their income generating

capacity

I I assistance such as agricultural I and income levels

I 1 exte~~tios, credit..

(b) Compensation for loss of trees and

crops at full market price

I It would be in form of cash in combination

with

Extensionlrelevant technical assistance to

help

the poor and disadvantaged farmers to

I improve

I their farming productivity1 production

capacity

If the viability of the

I remaining land is less than

I the minimum viable economic

unit, then the entire piece of

Dl/ an dau t u HT cap nudc thi x a Ha TTnh va v0ng phu can giai doan 1 1 . -

1)EFINITION OF

EN'rI'I'LEL) PERSON COMPENSATION POLICY

I

\ : 'I'! 1 ) ~ ("I' loss

Land IJsers with -. I enlporary or

Leased Rights to

- - -- . . . .

\~)plici~lion

(i) As priority, compensation "leased

land for leased land" at location

acceptable to DPs, OR, if requested or

Use Liwtl that I there no reserved land to cornpensate

ciun no1 be

legalized as

long term land

11ser

"land for land", Cash compensation

equal to remained investment put on the

land or 30% of land replacement cost;

AND,

I (ii) Cash co~npensation for loss of crops

I corresponding 60% of land replace~nent

1llt.gal land

users

1 cost.

and trees at full market prices;

(i) In lieu of campensation for land,

the DPs will receive assistance

(ii) For poor and vulnerable, including

landless. severely affected farmers, as

priority, allocalio~l of arable land equal

per capita arable land in commune as

regulate by Decree 6411 993/CP, OR, if

I there no land available for allocation

on the DPs' request as informed

IMPLEMENTATION ISSUES

land would be acquired and the

PAPs would fall under the next categories.

If the value of remained investment put by

PAPs

on the affected land is undoubtedly higher

than

30% of the land replacement cost, the

PMU and

RCs will revise and adjust adequately by

case.

In case the PAPs casually utilize the public

land

for growing cropsltrees, which is

subjecting

acquisition by the Project, then she/he will

not be

compensated for land, but will be

compensated for

crops and trees at market

prices/replacement

cost.

Dg an dau tu HT cap nnlrdc th! xi3 Ha Tinh va wing phu cgn giai doan / I .

I , i l l l ( l iicqiliue(1

\r,i I l I( ILI I

s ~ r i ~ c ~ c ~ r c s built

1I1crLhi11.

hlarpinal impact

DEFINITION OF

EN'I'ITLED PERSON

Ilser of the

~ct't'ected land.

lizorg;u~~zing PAPs.

COMPENSATION POLICY

choce, i l l addijion to above, a

rehabilitation assistance not less than

3,000,000 VND/HH will be provided for

training/retraining and/or shifting to

new occupation to ensure the DPs are able

at least to restore or improve their

income levels and living standards.

(iii) Cash compensation for loss of crops

and trees at full market prices or

replacement cost respectively;

Cash compensation for land at (i) 100%

of replacement cost of the land acquired

to the legal/legalizable users; (ii) at

value corresponding the remained

inves~ment to legally non-recognized

land users.

(i) Cash co~npensation for land acquired

at (i) 100% erep placement cost of the

land acquired to the legal/legalizable

users; (ii) at value correspo~~ding the

remainetl investment to legally no~lrecognized

land users;

( i i ) Cornixnsation for affected

IMPLEMENTATION ISSUES

Rehabilitation assistance will be provided

to poor

and disadvantaged PAPs if the cash

compensation option will be applied.

-

At the time of compensation, allowances

will be

adjusted to account for inflation

Du an dau tu HT cap nudc thi xa Ha 7Tnh va vllng phu cJn giai doan 11 .

I I liouse renting assistance equal remaining I I 1 renting contracted value, but not I

IMPLEMENTATION ISSUES EfiTI'I'LEI) PERSON

'Teoanta

excqeds renting value for three months,

pluc transportation allowance for moving

assets, as well assisted in identifying

COMPENSA~ION POLICY

'Tenants, who have leased a house for

residential purposes will be provided a

t - alternative accommodation

costs of excavation, relocation, reburial will be With unowned graves affected, local

Crave o\lrners paid for PAPS authorities will remove to another locations

Owners of affzc~ed crops PAPS are entitled to compensation for affected PAPS will be given notice several months

I I crops in cash at I in

advance regarding evacuation. Crops . grown after

market value on the issuance of the deadline will not be

basis of type, age, and productive value. compensated. - Owner of 111e affectztl (i) Co~npznsation for loss of income during PAPS will be given priority for business

1 buaines*/u~ler prodactive I transition period, I relocation

I iiasets. I equivalent average monthly net income at least I along highway, communal roads and along

I I lor three 111onths. I canals

(ii) Compensation for structure at full

replacement cost to legal

near the bridges or footbridges in order to

maximize their benefit from business

owners arid 60% -to illegal owners of structures. opportunities.

Du an dau tu HT cap nudc thi xi3 Ha Tihh va v h g phu cgn giai doan 11.

I \ I ) j 1%) pc trl' Itrss 1 .Application - / I \ ~ ~ ) K o F

i / . -_+-- ( ENTI'I'LEL) PERSON I I

I COMPENSATION POLICY I IMPLEMENTATION ISSUES

No deduction shall

be made for depreciation or salvageable

Users of affecred land I , I L . I I I ~ O I ~LI.),

1 I I I I I ) ; K I clwil~g

~ L Y ) I I \ I I I I C I I O I I

I I !

! 1

.. . 1 . . _ _

At the time of compensation, allowances

will be

' I ' C I I I ~ O I . ; ~ ~ . ~ loss

01. :ir;~bIc

la~~t l

- - - . _ _

CiIstomers,

satisfactory to the PAP, or, in cash for business

materials.

(iii) if PAPs have to remove to new site,

Provision of alternative

business site of equal size and accessibility to

affected area at

replacement cost, plus transportation allowance

adjusted to account for inflation.

I to renlo\c movable I

at full market

prices

attached assets to new site.

(i) Compensation for one harvest of crops/trees

changed

when return to PAPs, requiring PAPs to

If the quality of land will be radically

1 (ii) Compensation for loss of net income from I change in

I subsequent crops that I the types of land use. then PAPS should be

quality by providing - measures to improve land quality in cases of land

cannot be planted for the duration of project

temporary use, AND

(iii) Restoration of land to its previous or better

being adversely

compensated for all envisaged cost of

losses

- -. .- -- p.--ppp.--- ~- Dq an dau tu HT cap nudc thi x a Ha l7nh va v h g phu cgn giai doan 1 1 .

I ENTIrI.LED 13ERSON I COMPENSATION POLICY IMPLEMENTATION ISSUES I

I 1 condition. I I

.I . . I I , I .I, ? Because secondary PAPS are affected in similar

~ ~ l ~ o ~ ~ ~ ~ l ~ l l c \ lor

tlcvc~l~~plllelll ot

I< S

Village. Ward,

Go\,ern~lle~lt

Unit.

ways. the same

respective provisions will apply to secondary

PA Ps.

(i)Restoration of affected commu~lity buildings

and slructures to at

least previous condition, or

(ii) Replacement in areas identified in

consultation with affected

communities and relevant authorities, or

(iii) Compensation at replacement cost for

affected community land

and assetb. .

If income loss is expected (e.g. irrigation,

community forest, community grazing

land), the

village is entitled to compensation for the

total

production loss this compensation s h ~ u l d

be used

collectively for income restoration

measures

and/or new infrastructure.

I I C / hlc~~c~. ia la 1 Relocating PAPS irntl the I All PAPS. who remove to new site or on I At the time of compensation, allowances

I PAPS who ll;ire to rebuild / remaining lmd, having to I will be

I ~l l i i i r l ho~l?re 011 their 1 [ramport household effects, salvaged and new / adjusted to account for inflation. I

. . 1- I I-anaiaing - land I building inaterials

Du an dau tu HT cap nudc thj xB Ha l k h va v0ng phu cgn giai doan 1 1 .

DEFINI'rIoN OF

ENTI'TLEL) PERSON

1 ' I I I O M ~ I I K ~ . 1 equivalent 30 kg of rice/person/month for 6 1 adjusted to reflect market price or account

' I . I . ~ ~ I I \ I I I ~ I ~ Relocating PAPS and

. ~ I I ~ > S I S I C I ~ ~ ~ : PAPS ~ 1 1 0 lla\,e to rebuild

I<elociiti~~g PAPS and

I'APh who Il'lve to ~.cbuild

COMPENSATION POLICY

to relocation sites. are entitled to transportation

IMPLEMENTATION ISSUES '

allowance by

1,000,000-3,&0,000 VNDIrelocating HH and by

500,000 VND/HH

moving on existing site.

(i) Relocating PAPS are entitled to subsistence

allowance of value

and reorganized on the remaining land, are

entitled to subsistence

allowanct: of value equivalent 30 kg of

ricelpersonl~nonth for 3

~nonrhs;

At the time of compensation, allowances

will be

~nonths;

(ii) Reorganizing PAPs who have enough land to

rebuild 111ain house

Incentive bonus not over 5,000,000 VNDfHH if

the households demolish houselstructures and

for

inflation.

- _ 1 1 - - 1 adjusted to reflect market price or account

rnair~ houht: 011 ~lleir

1.enlaini11g lalid

Kelocati~~g PAPS currently

rrcrivi~,g social assis~ances

transfer the acquired land to the project on time

according to the project resettlement schedule;

Special social assistances more than

1,000,000.00 VND for rehabilitation

At the time of compensation, allowances

will be

- - -- DU an dau tu HT cab nudc th! xa Ha Tinh va vljng phu can giai doan 11 .

\ I , l ' \ 1)V 01' loss

, - ~ ~~

Srveicly affec~ed farmers

uho have lobr inore than

20% of their agricultural

lalld and receiving

conlpe~lsation in cash

I COMPENSATION POLICY I IMPLEMENTATION ISSUES

1 for

I productive land holding and receiving I intensively

Farmers who lose more than 20% of their

1 cash compensation, is entitled to I consulted with the farmers to meet their

inflation

Concrete form of assistance will be

rehabilitation assistance package not

less than -3,000,000 VND/HH for

traning/retrailiing and intensifying of

actual

needs, assisting them able to restore or

improve

1 the existing occupation or shifting to I their earning capacity and income

I new ones, combining with technical I ( assistance such as agricultural I 1 extention . credit.. . I