RP620
Socialist Republic of Vietnam
World Bank
Public Disclosure Authorized
5(6(77/(0(17 3/$1 5$3
48< 1+21 &,7< (19,5210(17$/
Public Disclosure Authorized
6$1,7$7,21 68%352-(&7
&(37
SEPTEMBER 2007
Public Disclosure Authorized
Submitted by Grontmij-Carl Bro a/s
in association with Carl Bro Vietnam and WASE
Public Disclosure Authorized
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Table of Contents
1. INTRODUCTION ....................................................................................................... 3
2.
SCOPE OF LAND ACQUISITION AND RESETTLEMENT.............................. 6
3. SOCIO-ECONOMIC INFORMATION .................................................................... 9
3.1 Sources of information .......................................................................................... 9
3.2 Demographical Characteristics of DPs.................................................................. 9
3.3 Education ............................................................................................................... 9
3.4 Land holdings ........................................................................................................ 9
3.5 Income and income sources................................................................................. 10
4. LEGAL FRAMEWORK........................................................................................... 12
4.1 Vietnamese Laws, Decrees and Circulars ........................................................... 12
4.2 New Land Law 2003............................................................................................ 13
4.3 Decree 197/CP and Decree 84/2007/ND-CP ...................................................... 14
4.4 World Bank Policy on Involuntary Resettlement................................................ 15
5. COMPENSATION POLICY .................................................................................... 17
5.1 Objectives for Resettlement................................................................................. 17
5.2 Displaced Persons ................................................................................................ 17
5.3 Eligibility ............................................................................................................. 17
5.4 Resettlement Impacts and Entitlements............................................................... 19
5.5.2 For Loss of Residential Land........................................................................ 21
5.5.3 For Loss of Houses and Other Structures..................................................... 23
5.5.4 For Loss of Standing Crops and Trees ......................................................... 23
5.5.5 For Loss of Income and/or Business / Productive Assets ............................ 24
5.5.6 For Temporary Impacts During Construction. ............................................. 24
5.5.7 Compensation Policy for Secondary DPs..................................................... 25
5.5.8 Compensation Policy for Loss of Community Assets.................................. 26
5.5.9 Allowance and Rehabilitation Assistance During Transition Period........... 26
6. RESETTLEMENT SITE, PAP'S OPINION ........................................................... 29
AND PREFERENCE .................................................................................................... 29
6.1 Resettlement site .................................................................................................. 29
6.2 PAPs' Preferences on Relocation Options and Compensation ........................... 29
6.3 Relocation ............................................................................................................ 33
6.4 Income rehabilitation measures ........................................................................... 33
7. INSTITUTIONAL ARRANGEMENTS................................................................... 36
7.1 Binh Dinh Provincial People's Committee ......................................................... 36
7.2 Quy Nhon City Project Management Unit .......................................................... 36
7.3 Quy Nhon City People's Committee ................................................................... 37
7.4 Ward/Commune People's Committee (W/CPC)................................................. 38
7.5 Agency Responsible for External Monitoring..................................................... 38
8. PUBLIC PARTICIPATION, CONSULTATION AND GRIEVANCE REDRESS
MECHANISM............................................................................................................... 40
Grontmij Carl Bro A/S
ii September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
8.1 Consultation During Project Preparation............................................................. 40
8.2 Consultation Proposed During Implementation .................................................. 40
8.2.1 Information Dissemination and Consultation............................................... 40
8.2.2 Public Meetings ............................................................................................ 41
8.2.3 Compensation and Rehabilitation................................................................. 43
8.2.4 Public Information Booklet .......................................................................... 43
8.2.5 Disclosure...................................................................................................... 43
8.3 Grievance Redress Procedure .............................................................................. 43
9. IMPLEMENTATION SCHEDULE ......................................................................... 46
10. COST AND BUDGET............................................................................................. 51
10.1 Compensation Prices ......................................................................................... 51
10.2 Cost Estimates.................................................................................................... 52
10.3 Sources of Resettlement Funds.......................................................................... 56
11. MONITORING AND EVALUATION (M&E) ...................................................... 58
11.1 Internal Monitoring............................................................................................ 58
11.2 External Monitoring........................................................................................... 59
11.2.1 Objectives.................................................................................................... 59
11.2.2 Agency Responsible.................................................................................... 59
11.2.3 Monitoring and Evaluation Indicators ........................................................ 59
11.3 Monitoring methodology ................................................................................... 60
11.3.1 Sample Survey ............................................................................................ 60
11.3.2 Database Storage......................................................................................... 60
11.3.3 Reporting..................................................................................................... 60
11.3.4 Monitoring Report Follow-Up.................................................................... 60
11.4 Evaluation .......................................................................................................... 61
Grontmij Carl Bro A/S
iii September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
ABBREVIATION LIST
ADB Asian
Development
Bank
ADWF
Average Dry Weather Flow (Daily)
APSP
Anaerobic Primary Sedimentation Pond
BOD5 Biological
Oxygen
Demand
(five
day)
CA Cascade
Aerator
CBV Carl
Bro
Vietnam
CCESP
Coastal Cities Environmental Sanitation Projects
CEPT
Chemically Enhanced Primary Treatment
COD
Chemical Oxygen Demand
CPC
Quy Nhon City People's Committee
DARD
Department of Agriculture and Rural Development (Binh Dinh)
DOC
Department of Construction (Binh Dinh)
DONRE
Department of Natural Resources and Environment (Binh Dinh)
DPI
Department of Planning and Investment (Binh Dinh)
EB Effluent
Box
EIA Environmental
Impact
Assessment
ESP Environmental
Sanitation
Projects
FCIR
Formulation and Construction Investment Report
FS Feasibility
Study
GEF Global
Environment
Facility
GoV Government
of
Vietnam
GCB
Grontmij-Carl Bro a/s
Ha Hectare
IBRD
International Bank for Reconstruction and Development
(the World Bank)
IS Inlet
Structure
Mg/l Milligrams
per
Litre
MOC
Ministry of Construction (Hanoi)
MONRE
Ministry of Natural Resources and Environment (Hanoi)
O&M Operation
and
Maintenance
PDF
Peak Daily Flow (2 x ADWF)
PFS Pre-feasibility
Study
PMU
Quy Nhon City Environmental Sanitation Sub-Project Project Management Unit
Grontmij Carl Bro A/S
iv September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
PPC
Binh Dinh Provincial People's Committee
RP Resettlement
Plan
QN
Quy Nhon City, Vietnam
SPS Secondary
Pumping
Station
SST Secondary
Sedimentation
Tank
TOR Terms
of
Reference
TF Trickling
Filter
TSS
Total Suspended Solids
UNDP
United Nations Development Programme
URENCO Urban
Environmental
Company
USD United
States
Dollar
VND Vietnamese
Dong
WB World
Bank
WSDC
Water Supply and Drainage Company (Binh Dinh)
WWTP Waste
Water
Treatment
Plant
Grontmij Carl Bro A/S
v September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of Terms
Cut-off-date
The date of completion of inventory of losses during preparation
of the RP. Displaced persons 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-off-date is located within the area
affected by the Project component, or other Project parts
thereof, and: a) has formal legal rights to land (including
customary and traditional rights recognized under the laws of
the country); b) does not have formal legal rights to land at
the time the census begins but has a claim to such land or assets
provided that such claims are recognized under the laws of
the country or become recognized through process identified
in the resettlement plan; c) does not have legal or legally
recognized rights to the land they are occupying, using
and/or have assets in. Persons covered under a) and b) are
entitled to compensation for the lost land at full replacement
cost and other assistance/s. Persons covered under c) are
provided with resettlement assistance in lieu of
compensation for the land they occupy, and other assistance/s,
as necessary, to achieve the objectives set in this Resettlement
Policy Framework, if they occupy the Project area prior to
the set cutoff-date. Persons who encroach into the area after
the cut-off-date are not entitled to compensation or any other
form of resettlement assistance.
Replacement Cost
The term used to determine the amount sufficient to replace lost
assets and cover transaction costs. For losses that cannot easily
be valued or compensated for in monetary terms (e.g. access
to public services, customers, and supplies; or to fishing,
grazing, or forest areas), attempts will made 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
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 livelihood.
Resettlement Plan The time-bound action plan with budget setting out resettlement
strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation. (In
OP 4.12, "resettlement plan" replaces "resettlement action plan".)
Grontmij Carl Bro A/S
1 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter I
INTRODUCTION
Grontmij Carl Bro A/S
2 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
1. INTRODUCTION
Several of Vietnam's cities are currently growing and developing rapidly and are
expected to continue doing so in the next several years. The growth of resort coastal cities
is expected to be higher than others because of the year-round influx of tourists, given the
tropical climate and attractive beaches in Vietnam. The expected growth and
prosperity of these coastal cities are expected to increase the volumes of both solid and
liquid wastes in the cities. If these are not disposed of properly, they will adversely affect
the health of residents, retard economic development and reduce the quality of the beaches.
As an initial step to curb and control pollution in some of its coastal cities, the
Government of Vietnam (GoV) established the Coastal Cities Environmental Sanitation
Project (CCESP) with the main function to collect, treat and properly dispose of domestic
solid and liquid wastes. Three cities are included in the current CCESP and these are Nha
Trang, Dong Hoi and Quy Nhon.
These cities were selected because they are currently experiencing higher than
average growth, much of which is related to tourism, which depends on good
environmental conditions; their water supplies have been recently, or are currently being,
expanded; and they have high poverty densities. They are also expected to continue
developing in the foreseeable future.
The more specific objectives of the CCESP (or "the Project") are to:
· reduce the incidence of flooding;
· construct new wastewater collection, pumping and treatment system and facilities;
· improve the collection of solid wastes, and ensure their safe disposal through the
establishment of new and better designed sanitary landfills; and
· strengthen the capacity of urban environmental companies (URENCO and
WSDC) to sustain the improvements made.
With these objectives, the Project will result in improved public health, reversed
environmental degradation and improved functioning of sanitation infrastructures in
project cities, leading to higher efficiency and economic growth potential, particularly from
tourism.
The range of environmental sanitation activities that are covered under the Project
includes the following:
·
rehabilitation and improvement of existing drainage and sewerage system,
including construction of new channels for storm and/or wastewater collection
·
construction of wastewater treatment facilities
·
improvements in solid waste collection and disposal
·
development of resettlement sites
·
revolving fund for household sanitation
·
institutional capacity building
The Project will be implemented in two phases and each of the three cities have
programmed their activities accordingly, i.e., Phase 1 to be implemented starting early 2007
and Phase 2, starting 2008.
Grontmij Carl Bro A/S
3 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
As for Quy Nhon City, in Phase 2, the Wastewater Treatment Plant 1B is expected to be
built on the North bank of Dinh River, in Nhon Binh Ward. The project is funded by non-
refundable grant of Global Environment Fund (GEF). This fund is under management of
World Bank (WB) , hence the resettlement has to follow both Vietnamese Law and WB
policy on resettlement and compensation. This construction project will require the
displacement of about 100 households living in the area. In order to implement
compensation, rehabilitation and resettlement of project, it needs a Resettlement
Action Plan (RAP). This Resettlement Action Plan lays down the principles and
objectives, eligibility criteria of Displaced Person (DP), entitlements, legal and
institutional framework, modes of compensation and rehabilitation, people
participation features and grievances procedures that will guide the compensation,
resettlement and rehabilitation of the DP.
Grontmij Carl Bro A/S
4 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter II
SCOPE OF LAND ACQUISITION
AND RESETTLEMENT
Grontmij Carl Bro A/S
5 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
2.
SCOPE OF LAND ACQUISITION AND
RESETTLEMENT
The proposed project area situated in Nhon Binh Ward is anticipating to cause land
acquisition and resettlement impacts as these may necessitate:
· Permanent land acquisition for the building of WWTP: about 12 ha
consisting of mainly shrimp ponds (more than 10ha), this aquaculture land is
owned by the government and lend to 3 HHs for shrimp cultivation. The lending
time is terminated in 2007 and 2008. These shrimp ponds do not bring main benefit
to cultivator since the yield is low and cultivators have main income from other
sources. Residential area in the core zone belongs to 3 households and there is no
house on this land. Agricultural land includes 6582 m2 of 4 households and the
remaining area which is lent to 3 HHs for aquaculture cultivation belongs to the
government.
· Land acquisition for the buffer zone around the plant. The buffer zone is defined
as area within 300m from the core zone (following TCVN 7222:2002). 79.2 ha
consisting of rice field and residential areas. If the agricultural land would be
acquired, 75 households would loss agricultural land and 1 household would loss
aquacultural land, of which 65 HHs would loss more than 20% of their
agricultural landholding.
· 0.12 ha and 6 HHs would be affected by temporary acquisition of land for the
construction of discharge system.
The table 1 shows result of land acquisition scope from loss inventory survey
from 2 9 September 2007.
Table 1. Scope of land acquisition
Item
Unit
Quantity
Residential land
m2
785
Land of core zone
Garden m2
81
Agricultural land
m2
15737
Aquaculture land
m2
102997
Total core zone
m2
119600
Land of buffer
Residential land
m2
17345
zone
Garden m2
21930
Agricultural land
m2
751426
Aquaculture land
m2
1300
Total buffer zone
m2
792000
Affected
Total relocated households
household
97
household
Households want to move into
resettlement site
household
91
Households want to be self-
relocated household
6
Households whose business will be
affected household
3
Grontmij Carl Bro A/S
6 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Households will lose more than
20% agricultural land (in case if the
agr. land in buffer zone is acquired)
household
65
Poor households
household
16
Households having wounded
soldiers or martyr
Household
14
The project will affect approximate 97 household living in the buffer zone of the
project, which will need to be relocated. Among them, 3 households are doing
small business (selling cakes, candies, etc.) and their income will not be much
affected due to relocation.
If the agricultural land in the buffer zone will not be acquired as agreed by the
project at the time being, there will be no households, who would loss more than
20% of their agricultural landholding.
It is noted that all the affected households have been living there for a long time,
even before the country re-unification, so although they have not yet received the
land use right certificates, they are legalizable and they are eligible to
compensation and resettlement as legal DPs.
In the project area there is a small shrine in the buffer zone. It is the place for harvest
festival in the area. From public consultation result, the shrine should be kept the
same situation for religious ceremonies. No ethnic minority people was found
residing or cultivating in the site.
Grontmij Carl Bro A/S
7 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter III
SOCIO-ECONOMIC
INFORMATION
Grontmij Carl Bro A/S
8 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
3. SOCIO-ECONOMIC INFORMATION
3.1 Sources of information
Socioeconomic information of this RAP comes from sources: (i) results of
socioeconomic household survey of 97 HHs; (ii) results of formal and informal
meetings and group discussions with local authorities at all levels and project-
impacted people; (iii) loss inventory survey.
3.2 Demographical Characteristics of DPs
Total 97 persons were interviewed. Following are the demographical chracteristics
of the surveyed affected residents. Total population of surveyed is 423 person with
206 male and 217 female showing that the equal proportion of male to female.
The average number of people in an affected household is 4.4 persons, the
smallest number is 1 and the highest one is 10 persons. All HHs are Kinh people and
34 HHs (35%) follow buddhism meanwhile the rest have no religion.
The average number of laborers in each household is 2.3. The highest number in a
household is six. There are 7 households which do not have labor-age people. The
income of these HH is from rice cultivation or assistance from their relatives.
3.3 Education
Education level of household heads are mainly primary and secondary levels with
41.2 and 40.2% of total HHs respectively. Generally, aged people have education of
primary levels. Four persons are illiteraete , they are aged people. Meanwhile, the
young generation mostly has basic secondary education. Of 423 persons, 101 are still
going to school.
Table 2 Educational levels of the household heads
Illiterate
Primary Secondary
High
College and
Education
school
university
Item
Number 4
40
39
10
4
4.1 41.2
40.2 10.3
4.1
Percentage
(%)
3.4 Land holdings
Agricultural land was allocated to people by the province since 1997. At that
time, an area of around 1 sao 1 per capita (or 500 m2 per capita) was distributed to
people. In the survey the land area per capita was 470 m2. The land use right will be
exprired in 2017. 19 HHs have no land for cultivation and among them 10 HHs
have income source from hired labors. In general, every HH has house with size of
from 50 to 150 m2 on a land area from 100 to 500 m2
Grontmij Carl Bro A/S
9 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
3.5 Income and income sources
16 HHs are classified as poor since their income lower than 260,000 VND/month (the
criteria set for urban area). Among them, 7 HHs have main income as rice cultivation.
The income from 200,000 - <600,000 VND/capita/month takes the high proportion
with 64 HHs. The rest 17 HHs have income equal or higher than 600,000
VND/capita/month. In comparison with the incomes of the households living within
Quy Nhon City, the households living within project area have lower incomes.
Many HHs in the project area engage in rice cultivation with 74 HHs (76.3%).
However only 16 HHs (16.5%) consider it as the main income. These HHs are
likely to lose their income due to the permanent revocation of land. . Tuy nhiên
d
án th ng nh t
t canh tác
l i cho dân ti p t c canh tác. In general, rice
cultivation is to self supply rice to people. Rice field can be cultivated with one or two
crops. The summer-autumn crop is depend on water source each year, fields are not
cultivated in case of insufficient water.
48 HHs (49.5%) have main income from hired labor. 14 HHs (14.4%) have main
income from working as capenter in enterprises with the wage is around 50,000
VND/day. These HHs in spite of being displaced, their income will not be
interrupted or seriously reduced because their jobs do not much depend on the land.
Beside the main income, 78 HHs (80.4%) of total interviewed HHs have additional
income
Table 3. Income sources
Agriculture
Labor
Salary
Other
Income
Item
16 48
14
19
Number of
HH
Percentage
16.5 49.5
14.4
19.6
All, 100%, of HHs are connected to national power grid. All have basic social
infrastructure, including primary school, post office and health care centers. However,
only a half of DPs are connected to safe water. Others have to use water derived from
Dinh river which is not sanitary for domestic activities, the tape water system does not
access to this zone.
Grontmij Carl Bro A/S
10 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter IV
LEGAL FRAMEWORK
Grontmij Carl Bro A/S
11 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
4. LEGAL FRAMEWORK
4.1 Vietnamese Laws, Decrees and Circulars
GoV laws and regulations that provide framework and procedures/ guidelines to land
acquisition and resettlement activities include:
-
The Constitution of the Socialist Republic of Vietnam, April 1992.
-
Decree No. 60/CP, 5 July 1994, on property ownership and right to use urban
residential land, ensuring the right to own residential structures and use residential
land.
-
Decree No. 91/CP, 17 August 1994, regulating urban planning management.
-
Decree No. 64/CP, 27 September 1993, transferring agricultural land to
households for long-term use.
-
Decree No 17/CP, 4 May 2001, regulating the management and utilization of
Official Development Assistance (ODA).
-
The New Land Law, approved by the National Assembly on 26 November
2003, updating and superseding the 1993 version. Effective starting 01 July
2004, it establishes land allocation regulations, lease management, land
acquisition for development purposes, changes of land value under market
mechanisms and gives people access to land through land-user rights via land
use right certificates (LURCs), which are similar to private ownership. In
essence the law allows the State to recover land in cases of national defense and
security, or national interest.
-
Decree No. 181/CP, 29 October 2004, guiding the implementation of the
Land Law.
-
Decree 17/2006/ND-CP dated 27/01/2006 on amendment and addition of
some clauses for decrees on guiding the implementation of the Land Law.
-
Decree No. 182/CP, 29 October 2004, on penalty on administrative violations
in land user rights.
-
Decree No. 188/CP, 16 November 2004, specifying methods for land pricing
and land prices frameworks (Land prices framework are issued by Provincial
People's Committees on 1st of January every year, based on this
Decree.) Circular 114/TT-BTC, November 2004, guiding the implementation
of the Decree 188.
-
Decree No. 197/CP, 03 December 2004, on compensation, assistance
and resettlement when the State acquires land (replacing Decree No. 22/CP).
-
Circular 116/TT-BTC, December 2004, guiding the implementation of Decree
197.
-
Decree No. 198/CP, 03 December 2004, on collection of land tax.
-
Circular 117/TT-BTC, guiding the implementation of Decree 198.
-
Decree 84/2007/ND-CP dated 25/05/2007 issued by the Government on
supplementary provisions on granting land-use right certificate, land
recovery, implementing land use right, procedure for and order of
compensation, assistance and resettlement when the Government acquires
land, and resolution of land grievance;
-
Decree 123/2007/N -CP dated 27/7/2007 on amendment, supplement of some
clauses of Decree 188/2004/N -CP dated 16/11/2004 on method to determine
price of lands
Grontmij Carl Bro A/S
12 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
4.2 New Land Law 2003
Approved by National Assembly on 26 November 2003, this Law came into effect
on the 01 July 2004, replacing the Land Law 1993. Comparing to the amended
Land
Law 1993, regarding the land use rights and land acquisition, the Land Law 2003
contains a number of new provisions and approaches, closer to the WB's resettlement
objectives and principles:
· New provisions toward land ownership:
-
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.
· New regulations on land acquisition and land compensation, resettlement of people
losing the acquired land (is defined in GOV Decree No. 197/2004/ND-CP, 03
December 2004):
-
State acquires land for purposes of Defense, National Security, National
Interests, Public Interests, Economic development.
-
At least 90 days before land recovery, for agricultural land, and 180 days, for non-
agricultural land, the competent State agencies shall have to notify the persons
having land to be recovered about purpose of land acquisition, time and plan of
relocation, overall plan of compensation, land clearance and resettlement.
-
Compensation for land is based on the type of land use existed at the time the
Decision on the land acquisition is issued.
-
The persons losing the acquired land shall be compensated with the assignment
of new land of the same land use purposes; if there no land available
for compensations, the affected persons shall be compensated with the value of
land use right with the use purpose existed at the time of issuance of decisions on
land acquisition.
-
Provincial PCs, PCs of Cities under direct Central Government prepare and
carry out resettlement projects before acquiring land for 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.
Grontmij Carl Bro A/S
13 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· Principles for State's evaluation of land prices:
-
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 and planned type of land use, will have similar land prices;
· Land prices regulated by PPC or PC of Cities under direct Central Government,
will be publicly announced every the First of January annually.
· Application of the Law, in which the Clause 2 of Article 3 regulates :
-
In case if International treaties, which the Socialist Republic of Vietnam has
signed or acceded, contain provisions different from the provisions of this
Law, the provisions of such international treaties shall be applied.
4.3 Decree 197/CP and Decree 84/2007/ND-CP
On 03 December 2004, the Government issued Decree 197/CP providing policy on
compensation, assistance and resettlement in case the Government recover land,
replacing the Decree 22/1998/CP. Along with the New Land Law 2003, Decree
197/CP is one more step closer to the WB's policy on Involuntary Resettlement.
Furthermore, Decree 84/2007/ND-CP dated 25/05/2007 stipulated supplementary
provisions on the above issues. The main new compensation and resettlement
provisions of the Decree 197/CP and Decree 84/2007/ND-CP include:
· The Government limits its scope of compensation, assistance and resettlement,
encouraging private project developer/investor itself to negotiate with affected
people on compensation and resettlement.
· The Provincial People's Committees (PPCs) are tasked to prepare and implement
resettlement projects to compensate relocating people with housing or residential
land before acquisition of their land.
· The Government unified compensation for recovered land with the price
announced by the local PPC on the first day of the year, as governed by the Land
Law 2003; and land prices to reflect market price of land use rights transfer under
normal market conditions.
· The affected person losing land will be compensated with the land of the same
land use purpose. In case there no land is available for "land for land"
compensation, he/she will be compensated at the price reflecting the land use
value at the time the Decision on land acquisition is issued.
· Compensation for residential land is based on the actual land use.
· Compensation for agricultural lands scattered in urban residential area, and residential
garden land and pond, will be similar to that for agricultural land. Assistance
ranging from 20 to 50% of actual value of the residential land of the same plot
will also be given.
· Affected houses and structures attached to the acquired land are compensated at
replacement cost without depreciation and deduction of salvage materials.
· Affected crops and trees are compensated at market and replacement cost,
respectively.
· Involuntarily relocated person can choose one of the three relocation options: a) to be
Grontmij Carl Bro A/S
14 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
compensated with housing; (b) to be compensated with an assignment of a new
residential plot; (c) to be compensated in cash for self-relocation.
· Assigned by the PPC, resettlement implementation unit has to inform affected
person on proposed relocation options and publicly announced the options in its
office, and in the office/s of the concerned Ward/Commune People's
Committee, and in the resettlement site, at least 20 days before the
competent authority approves the resettlement option.
· Rehabilitation assistance measures should be provided to the severely affected
persons, including those whose income-generating capacities are affected.
· The rights and obligation of affected persons for compensation and
resettlement.
· Implementation of the Decision on land acquisition to be enforced in case of
violation.
Furthermore, Based upon mandates and regulations of the Government, the Binh Dinh
PPC have issued the following decisions:
· Decision 98/2005/QD-UBND dated August 19, 2005 on compensation prices for
tree, grave lost during land acquisition
· Decision 139/2005/QD-UBND dated December 26, 2005 on amendment and
supplement of land price in Binh Dinh province for the year 2006 .
· Decision 108/2005/QD-UBND dated September 19, 2005 on supplementary policy on
compensation, support, and resettlement for acquired land.
4.4 World Bank Policy on Involuntary Resettlement
Prior to the New Land Law 2003, the gaps between the Land Law and OP 4.12 were
significant. With the New Land Law 2003 and, subsequently in 2004, Decree 197,
GoV policies relevant to resettlement have moved closer to the WB policy on
involuntary resettlement.
Resolving remaining few inconsistencies, Table 1 of the Resettlement Policy
Framework for CCESP, dated August 2005, specifies the following policy to be
applied in CCESP subprojects:
· All project displaced persons (DPs) will be entitled to compensation or assistance
for their lost assets, incomes and businesses and provided with rehabilitation
measures sufficient to assist them to improve or at least restore their pre-
project living standards, income levels and productive capacity.
· Replacement cost surveys have to be carried out to ensure that project
compensation rates for all categories of loss will be equivalent to replacement
cost to be updated at the time of resettlement implementation.
· Full compensation at replacement cost will be paid for all affected structures
without any deductions for salvageable materials or depreciation.
· All affected businesses are eligible for assistance.
· Severely affected DPs, including DPs losing more than 20% of productive land,
will be entitled to rehabilitation assistance.
An independent monitoring body shall also carry out external monitoring and
evaluation of RP implementation..
Grontmij Carl Bro A/S
15 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter V
COMPENSATION POLICY
Grontmij Carl Bro A/S
16 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
5. COMPENSATION POLICY
5.1 Objectives for Resettlement
The objectives of the Vietnamese legislation governing resettlement and
rehabilitation of displaced persons, and that of the World Bank concerning involuntary
resettlement, have been adapted in Resettlement Policy Framework (RPF) upon
which this RP is based. The policies and principles adopted for the Project supersede
the provisions of relevant decrees currently in force in Vietnam wherever a gap
exists between the World Bank (OP 4.12) and Vietnamese law.
The main objective of all resettlement activities under CCESP projects is to ensure
that all displaced persons (DPs), including the DPs who will be removed to the new
site as well as those to be moved because of the new resettlement site will be
compensated or assisted for their losses and provided with rehabilitation measures to
assist them in their efforts to improve, or at least maintain, their pre-project living
standards and income earning capacity.
5.2 Displaced Persons
Displaced persons (DPs) are those who are affected by the:
· involuntary taking of land resulting in:
- relocation or loss of shelter;
- loss of assets or access to assets; and/or
- loss of income sources, businesses or means of livelihood, whether or not
affected persons must move to another location; or
· involuntary restriction of access to legally designated parks and protected areas
resulting in adverse impacts on their livelihoods.
5.3 Eligibility
All DPs living, cultivating land, conducting business, or earning income within the
area affected by the Project as of cut-off-date, which is the last day of the inventory of
losses (IOL) are entitled to compensation and rehabilitation assistance. Displaced
persons and local communities will be informed of the cut-off date , and that anyone
moving into the project area on and after that date will not be entitled to compensation
and assistance under the Project.
To determine their eligibility for compensation and/or rehabilitation assistance,
DPs are classified as follows:
- those with formal legal or legalizable rights to use land;
- those with temporary or leased rights to use land; and
- those who have no legally recognized rights to use land, and are of two
types:
- those who arrived before the cut-off-date
- those who arrived on or after the cut-off-date.
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17 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Table 4 Eligibility for Compensation
Eligible For
Compensation
DP
Classification
No
No
Assistance
compensation
Assistance
As needed
X
No
compensation
Those with
(land & assets)
for house/
legal rights
structures in
the legal land
on and after
the cut-off date
As needed
X
No
compensation
Those with
(land & assets)
for house/
temporary or
structures in
leased rights at
the legal land
cut-off date
on and after
the cut-off date
As needed
X
Those without
(assets only)
legally
recognized
rights but
arrived
BEFORE cut-
off date
No
compensation
Those without
No
legally
Assistance
recognized
rights but
arrived ON or
AFTER cut-off
date
Grontmij Carl Bro A/S
18 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
5.4 Resettlement Impacts and Entitlements
The impacts of land acquisition include both temporary and permanent losses of:
-
agricultural (arable), forest and residential
lands; - crops and trees;
-
houses / structures; and
-
income, businesses or productive assets.
DPs are entitled to compensation and/or assistance/s for every loss impacted upon
them depending on:
-
their eligibility classification; and
-
the type and severity of impact upon them.
Annex A, Entitlement Matrix, gives a breakdown of entitlements per type of loss,
per DP classification..
5.5 Compensation Policy
5.5.1 For Loss of Agricultural Land
DPs will be entitled to the following compensation and/or rehabilitation measures:
· 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 DP. If land compensation size is smaller or lower
quality, DPs will be entitled to cash compensation equivalent to the
difference. However, if land is not available, or the DP prefers to receive
cash compensation for lost land, the following policy applies:
Table 5. Policy for agricultural land compensation
Type of DP
Application
Compensation / Assistance
With legal /
20% or less of total
Cash compensation for lost area at full
legalizable
landholding & remaining
replacement cost
rights
land is economically viable
20% or less of total
The entire piece of land would be
landholding & remaining
acquired and DP to fall under the next
land is NOT economically
"application" category.
viable
>20% of total landholding
Cash compensation at full replacement
cost for lost area (or for entire plot if
remaining area is not economically viable)
Grontmij Carl Bro A/S
19 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
With
20% or less of total
Cash compensation corresponding to the
temporary
landholding
remaining investment in land; OR
or leased
rights
30% of land replacement cost
>20% of total landholding
Cash compensation corresponding to the
remaining investment in land; OR
30% of land replacement cost
(If value of remained investment is >30%
of its replacement cost, the Resettlement
Committee will review the case and adjust
accordingly.)
Without
In lieu of compensation for land,
legally
assistance corresponding to 50% of land
recognized
replacement cost
rights
In case DP utilizes land with conditions to
return to Government upon the latter's
request, no compensation for land will be
granted.
· DPs 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.
· For the following DPs, in addition to above, a rehabilitation allowance of VND
3,000,000 per HH for training, re-training, intensifying existing occupation or
shifting to new ones, with technical assistance such as agricultural extension,
credit facility, among others. The said DPs shall be consulted regarding the
form/s of assistance/s.
-
those DPs losing >20% of total landholding and receiving cash
compensation for land; and
-
those DPs without legally recognized rights, are considered "poor and
vulnerable, severely affected landless farmers", and are receiving cash
compensation for land.
If these affected people do not to choose the above-mentioned types of assistances,
they will have the rights to choose the assistance to recover and retrain their jobs in
line with the Decision 108/2005/QD-UBND, issued by the People 's Committee of
Binh Dinh Province. This Decision stipulates that the money assistance for job
changing depends on the household 's revoked area of land. Accordingly, the amount
of money assistance is calculated on the basis of the area of agricultural land for
Grontmij Carl Bro A/S
20 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
growing crop trees, for aqua-culturing and salt making, which is
revoked (implementation of the Article 23, Item a. of the above-mentioned
Decision):
-From 200m2 to < 500 m2, one allowance assistance portion will be assisted,
- From 500 m2 to < 800m2, will got 1,5 allowance portions,
- From 800m2 to <1,100 m2, will got 2 portions
- From 1100 m2 to < 1400 m2, will got 2.5 portion
- From 1,400 m2 to < 1,700 m2, will got 3 portions
- From 1,700 m2 to < 2,000 m2, will got 3,5 portions
- From 2,000 m2 to < 2,300 m2, will got 4 portions
- From 2,300 m2 to < 2,600 m2, will got 4,5 portions
- From 2,600 m2 to < 3,000 m2, will got 5 portions
· From 3,000 m2 and above will have the maximum of 6 portions, that is the
number of main labourers in the family 's household registration book if there are
over 6 labourers in the family.
· Each studying/job-training portion is 1,000,000 VND.
· Additional rehabilitation measures as described in the section 6.4
5.5.2 For Loss of Residential Land
DPs will be entitled to the following compensation and/or rehabilitation measures:
· The general mechanism for compensation of lost residential land will be
through provision of "land for land" arrangements of equal quality, satisfactory to
the DP. For DPs without legally recognized rights and without other residential land
within same affected ward / commune, a residential plot of minimum size at
a common resettlement site, or an individual resettlement site, with full title to
land. However, if land is not available, or any of the DP prefers to receive cash
compensation for lost land, the following policy applies:
Table 6. Policy for residential land compensation
Application
Type of DP
Compensation / Assistance
Residential land without With legal / legalizable
Cash compensation at 100%
structures
rights
replacement cost.
Without legally recognized Cash compensation at value
rights
corresponding to the remained
investment on land
Residential land with
With legal / legalizable
Cash compensation at 100%
structures &
rights
replacement cost.
remaining land IS
sufficient to rebuild on
Without legally recognized Cash compensation at value
(reorganizing DPs)
rights
corresponding to the remained
investment on land
Grontmij Carl Bro A/S
21 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Residential land with
With legal / legalizable
Cash compensation for the entire
structures &
rights
piece of land at full replacement
remaining land NOT
cost
sufficient to rebuild on
(relocating DPs)
Without legally recognized An assistance amount
rights, but HAS other
corresponding to the remained
residence within same
investment on land, OR equal to
affected ward / commune
30% of land replacement cost
Without legally recognized An assistance amount
rights, WITHOUT other
corresponding to 60% of the
residence within same
land replacement cost
affected ward / commune
·
Compensation for affected structures at full replacement cost
·
For the following DPs, rehabilitation allowances:
-
For reorganizing DPs (i.e., those losing residential land with structures built
thereon, and the remaining land is sufficient to rebuild on: a) transportation
allowance not less than VND 500,000 per HH to move their salvaged materials
and assets; and b) subsistence living allowance equivalent 30 kg of rice per each
HH member per month for 3 months; c) when it is not necessary to be completely
displaced, but to relocate the house to other place on the remaining land, the
household will also be assisted the expense of about 300,000 VND on fixed
telephone installment, if there is a fixed telephone in the relocated part of the
house (Implement the Item 3, Article 26 of the Decision 108/2005/QD-UBND
issued by the People 's Committee of Binh Dinh Province)
-
For relocating DPs (i.e., those losing residential land with structures built
thereon, and the remaining land is NOT sufficient to rebuild on: a)
transportation allowance 3,000,000 VND per HH; and b) subsistence
living allowance equivalent 30 kg of rice per each HH member per month for
6 months; and c) Assist the expense of 300,000 VND/household on
installment of the fixed telephone if the household has the fixed telephone
in the removed part of property; and d) Provide an assistance of 2,000,000
VND/ household, if the household displaces 20 days ahead of time (Implement
the Item 3 and 4, Article 26, Decision 108/2005/QD-UBND issued by the
People 's Committee of Binh Dinh Province).
-
If the households with cleared property (for example: the households with the
loss of the residential land and construction projects on the land, but the
remaining land area is not sufficient to rebuild the houses) are the ones enjoying
privileged policies and regulations (i.e. households with war invalids, martyrs,
great services to the revolution or the specially poor, lonely -person, diseased,
elderly and underprivileged households..), they, beside the above-mentioned
assistance policy, will enjoy another assistance of 1,000,000 VND/household.
Grontmij Carl Bro A/S
22 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
5.5.3 For Loss of Houses and Other Structures
DPs will be entitled to the following compensation and/or rehabilitation
measures:
Table 7. Compensation for house and other structure
Application
Compensation / Assistance
Loss of house / structure
· Cash compensation for all affected structures at 100%
replacement cost for materials and labor, regardless of
whether or not they have title to the affected land or permit to
build the affected structure. The amount will be sufficient to
rebuild a structure the same as the former one at current
market prices.
· If house/structure is partially affected, the Project will
provide a house/structure repairing cost, in addition, to DPs
to restore it to former or better conditions.
· Compensation and assistance will be provided in the form
of cash. No deductions will be made for depreciation or
salvageable materials.
· The calculation of rates will be based on the actual affected
area and not the useable area.
Loss of graves
· Cash compensation to include all costs of excavation,
relocation, reburial and other related costs, to be paid to each
affected family.
Tenants (who have
· An assistance equal to the value of remaining rent in
leased affected house for
contract, but not to exceed renting value for three (3) months;
residential purposes)
PLUS
· transportation allowance for moving assets, PLUS
· assistance in identifying alternative accommodation
5.5.4 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 HHs who cultivate the land, according to the full market
value of the affected crops and/or at replacement cost for affected perennial trees.
Grontmij Carl Bro A/S
23 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
5.5.5 For Loss of Income and/or Business / Productive Assets
For DPs losing income and/or business/productive assets as a result of land
acquisition, the mechanism for compensation is as follows:
· cash compensation for the loss of income during the transition period, equivalent
to average monthly net income at least for three (3) months for the households
having business registration; OR
· cash compensation for the loss of income during transition period, a net
amount of from 500,000 - 1,000,000 VND in at least 3 months ( for the
households without business registration)
· Besides, the affected people will enjoy:
· if business' or productive assets are affected, cash compensation for lost
business structure/assets reflecting their full replacement cost, without
depreciation;
· if business has to be relocated, then, a provision of alternative business site of
equal size and accessibility to customers, satisfactory to the DP, or, in cash for
business affected area at replacement cost, plus transportation allowance to
remove movable attached assets
5.5.6 For Temporary Impacts During Construction.
For temporary loss of land / property, DP will be entitled to the following:
Table 8. Compensation and assistance for PAP
Application
Compensation / Assistance
· Compensation for one harvest of crops/trees at full
For arable land that will be
market prices; PLUS
temporarily affected
· Compensation for loss of net income from
subsequent crops that cannot be planted for the
duration of Project's temporary use, PLUS
· 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, PLUS
· If the duration of Project's use of the land exceeds
two years, then DPs have option to:
· continue using land, or
· give it to the Project and be compensated as
permanent loss.
· Compensation for all affected movable properties at
For temporary loss of
full replacement cost; PLUS
residential land
Grontmij Carl Bro A/S
24 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· Transportation assistance of 3,000,000 VND (for the
movement to and back movement; PLUS
· Assistance for house rent in waiting time for
resettlement (on-the-spot resettlement), equivalent to
an amount of 2,000,000 VND/6 months/1 household
or 4,000,000 VND/year/household (Implementation of
the stipulation on house rent assistance in line with the
108/2005/QD-UBND issued by the People 's
Committee of Binh Dinh Province on September
19th,2005.
For temporary impact on business
· Compensation for temporary loss of income,
i
l
t t
thly net income at least for
· Compensation for the loss of income with the
monthly net amount of from 500,000 VND to
1,000,000 VND, at least for 3 months for the
households without business registrations; PLUS
· Compensation for all affected movable properties at
full replacement cost; PLUS
· Restoration of land to its previous or better quality.
For damages caused by
· Damaged property will be restored by contractors
contractors to private or public
immediately, after completion of civil works, to its
structures
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. In
addition, damaged property will be restored
immediately to its former condition.
5.5.7 Compensation Policy for Secondary DPs
This applies to those affected by development of individual resettlement or group
resettlement sites. Because all secondary DPs are likely to be affected in similar
Grontmij Carl Bro A/S
25 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
ways as primary ones, they will be entitled to compensation and rehabilitation
assistance in accordance with the same respective provisions for all other DPs.
5.5.8 Compensation Policy for Loss of Community Assets
In cases where community infrastructure such as schools, bridges, factories, water
sources, roads, sewerage systems is damaged, PPCs and PMUs will ensure that these
would be restored or repairs as the case may be, at no cost to the community.
5.5.9 Allowance and Rehabilitation Assistance During Transition Period
To assist severely displaced persons in restoring their livelihoods to their pre-project
levels, or preferably to better levels, the following allowances and rehabilitation
assistances are provided during the transition period:
Table 9.Allowance and rehabilitation assistance during transition period
Application
Allowance / Assistance
For DPs losing >20% of
The people with the loss of agricultural land can
agricultural land and receiving
choose one of the two following allowance:
cash compensation for land
· Rehabilitation assistance of total value not less than
VND 3,000,000 per HH for training / retraining,
and/or intensifying existing economic activities or
shifting to new occupation; OR
· Depending on the revoked land area (m2), household
will be assisted the allowance for job
training/changing with the lowest to highest
allowances of six portions, equivalent 1,000.000 -
6,000,000 VND/household.
These assistances should be adjusted annually with
inflation. Rehabilitation measures, e.g., training,
agricultural extension, will be determined during RP
implementation.
For reorganizing DPs, who
· transportation cost of 500,000 VND/HH; PLUS
have to rebuild main house on
remaining residential land
· subsistence allowance equivalent 30 kg of rice per
person per month for three (3) months
· allowance for installing fixed telephone of 300,000
Grontmij Carl Bro A/S
26 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
VND/household if there is a fixed telephone in the
part of the house to be dismentled (Implement the
Item 3, Article 26, Decision 108/2005/Q -UBND
issued by the People 's Committee of Binh Dinh
Province)
For relocating DPs, whose
· transportation cost of 1-3 M VND/HH; PLUS
remaining residential land is
NOT sufficient to rebuild on
· subsistence allowance equivalent 30 kg of rice per
person per month for six (6) months
· allowance for installing fixed telephone, an
equivalent to 300,000 VND/household if the
household ahve the fixed telephone with telephone
to be dismantled;(Item 3, Article 26, Decision
108/2005/Q -UBND issued by The People's
Committee of Binh Dinh Province)
· an assistance of 2,000,000 VND/household to
displace 20 days earlier ( Item 4, Article 26,
Decision108/2005/Q -UBND issued by The
People's Committee of Binh Dinh Province)
· an assistance of 1,000,000 VND/household if the
households enjoying privileged policies and
regulations (war invalids, martyrs, specially poor,
elderly, lonely and people suffering chronological
diseases)
Grontmij Carl Bro A/S
27 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter VI
RESETTLEMENT SITE, PAP'S
OPINION AND PREFERENCE
Grontmij Carl Bro A/S
28 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
6. RESETTLEMENT SITE, PAP'S OPINION
AND PREFERENCE
6.1 Resettlement site
It is anticipated that the project would impact around 100 HHs. The province is
preparing resettlement area of 5 ha with 137 land plots. This area is also situated in
Nhon Binh ward, called as Xom Cong resettlement site. The RC and PMU with
assistance of commune's authorities will prepare the list of all the project's relocated
DPs and HHs who will be relocated in the resettlement site. This is the basis for
further identification of relocation needs and demand.
The People's Committee of Binh Dinh province has approved the 5-hectare piece of
land in Nhon Binh Ward as the resettlement site for Quy Nhon Environmental
Sanitation Project in late December 2005. The feasible research was conducted
by Vietnamese consultants and the expenditure of about 20,540 million VND (an
equivalent to 1.3 million USD) is estimated for the construction of the
infrastructure in resettlement site. In the consultations with the cadres of the
Environmental Sanitation Project Preparation Unit , it is possible to notice that Nhon
Binh resettlement Site is proposed with the following reasons:
i.
The construction site of the resettlement site is suitable to the
programme
and the programmed plan of the Quy Nhon City People's Committee ans the
construction of the resettlement site is an activities to help the City
programme residential area in order to improve the City surroundings in
the future.
ii.
Because the resettlement site is in the ward area so the would-be displaced
households (including both types of affected households) will be
displaced within short distance and scale. This will make displaced
households have stable relations within community, psychology, customs
and habits and they will not have too many changes and alternations.
iii.
The resettlement site, if it is built, will raise the height of the whole area
as well as will prevent the area from being inundated as it is.
iv.
Relocation of the households into a concentrated and programmed area is
expected to create more jobs for the people, especially for the households
engaging in small trades as well as the women and men doing services
for the community life such as healthcare, hairdressing, aesthetics,
motorbike and car repairing...
6.2 PAPs' Preferences on Relocation Options and
Compensation
During the socio-economic survey of 97 households, many HHs (66 HHs or 68%) do
not clearly understand about the project and 26 HHs (26.8%) know the project
through rumor.
Grontmij Carl Bro A/S
29 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
65 HHs (67%) have no idea about the building of the plant. 29 HHs (29.9%)
agree with the building. The other 3 HHs disagree with the project.
Regarding concerns of PAPs when the project is implemented, 22 HHs have no
idea. Many HHs are worried about the relocation of crop land and dwelling with 41
HHs (42.3%) and with 47 HHs (48.6%) are worried about unfair compensation for
loss of land and dwelling or insufficient compensation for life in new resettlement.
In case of relocation, the project will offer people two alternative relocation options,
including self-relocation and moving to RS based on people's preference. During the
survey, 14 PAPs or 14.4% have no idea about their new dwelling. There were
77 PAPs, equal to 79.4% of the total respondents, who expressed their wishes to
relocate themselves into resettlement site. According to these people, it is so
difficult to find a land by themselves and the compensation would be insufficient
for market price of land. Other 6 respondents equal to 6.2% of total
respondents opted for cash compensation for land to arrange relocation by
themselves.
It is a custom in the area that local farmers settle/live right next to their farm
land. It is convenient for their cultivation. Among 79 HHs whose cultivated land is
located in the project area, 19 HHs (24.1%) have no idea about their agricultural
land when the project is implemented. 14 HHs (17.7%) prefer cash
compensation for their lost agricultural land and the other 46 HHs (58.2%) wish
to continue cultivation on their current land after the construction of the plant and
receive the compensation for temporary suspension of cultivation. However,
they are afraid that the construction will affect the irrigation of rice fields and
their new dwelling far from rice field is also a difficulty in taking care of the
fields.
Regarding the shrine in the project area, in the loss inventory survey opinion on
this issue was consulted. The shrine is located in the buffer zone, 150 m from the
core zone. Total area of the shrine is 30m2 including a yard of 15m2. The result
shows that many people (86 households or 88.7%) want the shrine to be kept in
same location. The shrine is located in the buffer zone, approximate 150 m from the
core zone. On mid of January, July, and October lunar calendar many people not
only in the project area but also in other places in the ward gather for ceremonial
offerings. The wastewater plant will not affect people's health due to infrequent
contact to pollution source. For these reasons, the shrine should be kept the same
situation. Therefore, mitigation measures are not necessary. PMU also confirmed to
keep this area.
On 9th and 10th June, 2007, the consultant group conducted three meetings with the
households. Furthermore, on 20th September a stakeholder meeting was
organized. During these meetings, the consultants and the PPU cadres briefed the
significance and goals of the project and described the resettlement site in details on
the map. They also exchanged the opinions and issues relating to the questions put by
the household representatives. Regarding the building of the plant and relocation,
people expressed their opinion as follows:
Grontmij Carl Bro A/S
30 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
i)
The local people are in complete sympathy with the building of the
plant on the chosen area since it is for the common benefit of the
province and they all showed their agreement on the project.
ii)
People prefer to stay and cultivate on their current land if there is
no negative effect from the plant since they have been living in the
area for long time and familiar with the current life there. To them
relocation would affect their life in terms of income reduction and
dwelling condition in new area. However, they are willing to
move into the resettlement site or find new dwelling by themselves
when required.
PAPs also expressed their worries, requirements about the compensation and
other issues as follows:
i)
It is necessary to early publicize the plan and affirm the clearance
and
relocation, not to suspend the programme to avoid sufferings for
the local people.
ii)
Early promulgate the compensation as well as assistance policies to
the households so that the households are aware of the
compensation policies and have more options.
iii) Households should be allowed to appoint their representatives to
inspect the settlement of the interests of the heavily-affected
households.
iv) It is necessary to let the people know that after their land is
acquired, where they are living so that they can wait for
moving into the resettlement site. The local people wish to have
compensation as well as the construction site of the new houses
before their land is acquired. If land is not yet allocated to relocated
HHs, they will receive compensation for renting temporary houses.
v) People wish their neighbors should be relocated in the same
resettlement area to maintain kinship and other social relationships,
neighborhoods.
vi)
As for the households with too many sons (may be 4 to 5 sons and
above), if they want to have "land-for-land" compensation (but not
more than 200 m2 as stipulated by the State), how can we solve the
problem when the old piece of land is large enough for them to
devide to their sons?
vii) Propose that the project should make it possible for the children of
displaced families to work for the project as workers or hired labors.
In the socio-economic survey, 31 persons would work for the
project as hired workers if possible. Aged people who engage in rice
cultivation or poultry breeding are not able to find new occupation
when the land is acquired wish to be assisted in finding new suitable
job.
Grontmij Carl Bro A/S
31 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
viii) Electricity, piped water and road systems in the resettlement area
should satisfy the minimum needs of the newly-moved in
households.
ix)
Regarding the resettlement site, PAP were worried that the proposed
resettlement is not suitable for them because: (1) the resettlement site
is located in low land; (2) PAP claimed that micro climate in the site
is not comfortable and this site is affected by saline water. PAP
wanted more alternative resettlement sites such as Vo Thi Sau and
Dien Bien Phu resettlement sites. PMU explains that Xom Cong RS
has infrastructure similar to other resettlement sites' and this RS will
together with the above two RS make a conjugate dwelling for
people to reside. If HHs who are allocated land plots in Xom Cong
RS want to be self-relocated they will receive plus compensation in
accordance with the provincial policy. According to the degree
197/CP and decision 108/2005/Q -UBND, beside compensation and
assistance as households moving into resettlement sites, self-
relocation households will receive the following assistances: Receive
plus compensation equivalent to 20% value of their lost residential
land and house; Be assisted with temporary dwelling or VND 2
million/household during the time of seeking new houses.
x) With regard to the households with many children and relative
households living together, building their own houses on the same
piece of land, at the inventory time, they have not separated the
household registration, it is possible to flexibly separate the
household documents to compensate for the losses, to have
separate assistance for lost properties (Item 1, Article 9,
108/2005/QD-UBND issued by Binh Dinh Provincial People's
Committee on September 19th, 2005).
xi)
Speaking about worries, aspirations of the local people about the
resettlement policies, about the resettlement site where they would
have to move to, about the time, about the place they would live to
wait for site clearance for the Resettlement Site (on-the-spot
resettlement), the leaders of the PPU said that people's worries were
quite reasonable.
In the resettlement process, the consultation with PAPs to assess their relocation
needs and priorities should be continued throughout the resettlement preparation and
implementation in order to incorporate their opinions through appropriate mitigation
measures. Based on the results of above-mentioned consultations with PAPs on
relocation issues, further actions should be taken to obtain more accurate
information on relocation needs, preferences of the PAPs and their decisions towards
relocation options. These activities are especially relevant during the DMS. It will
be based on: (i) conducting individual consultation with all relocated PAPs through
interviews and information letters sent to them during the time of updating DMS.
The letter will provide PAPs with updated information on all available relocation
options, proposed RS with indication of their specific locations, RS' planning
scheme, RS' designs, proposed infrastructures, and such. In the letter, the DPs are
asked to confirm their selected/preferred relocation option; (ii) organizing public
Grontmij Carl Bro A/S
32 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
meeting the relocated PAPs. After the information and interview letters filled by
PAPs are collected and their information are reviewed, all the PAPs will be invited
to participate a public meeting. The meeting will inform the PAPs again of the
project's resettlement policies and the PAPs' entitlements. The PAPs are invited to
discuss the relocation alternatives and procedures.
6.3 Relocation
The design of RS contains planning schemes indicating location of residential plots in
relation to their developed infrastructure. After the detailed design of RS are
finalized and approved, the local RCs in cooperation with commune authorities
will set criteria and prepare a plan and options of land allocation for RS. The DPs
will be consulted on plot allocation options. An invitation letter will be sent to the
DPs (who opt for moving into RS) a week before the meeting is organized. The
letter will inform the DPs of time and location of the meeting. They are
informed of criteria of plot allocation, priority groups, and procedures of casting
lot of plots in RS. Both men and women of DPs are invited to the meeting.
In the meeting, the following issues will be informed to the DPs:
· HHs who want to be self-relocated will receive plus compensation in
accordance with the provincial policy.
· time of allocation of plots in RS,
· deadline for demolition of affected houses/structures and handing land to
the project
· existing regulations relating to construction of houses in RS
· entitlement for technical assistance on house designing in RS
· procedures of issuance of land use right certificates to DPs
· DPs will be compensated fully before demolition of houses and moving into
RS.
· advised time of construction houses/structures and moving into RS.
6.4 Income rehabilitation measures
The main income in the area is mainly agriculture (rice cultivation) and hired
labours and the preferred resettlement option is relocation of houses not cultivation
land in the areas. Hence it is evaluated that people will face difficulties in some
months after relocation. Income rehabilitation measures are proposed as follows:
-
Developing livestock breeding: This is a traditional activity. It is suitable to
the current development. It can ensure the supply of daily food such as eggs,
meats.. to HHs and improve the daily income. PAP especially elder can make
use leisure time to do this activity.
-
Technical training and supports for raising the production efficiency: Plan for
training veterinary activities for localities, guiding techniques for protection of
crops and livestock These supports are useful for PAP who mainly live
agriculture.
Grontmij Carl Bro A/S
33 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
-
For households who lack capital, local government should give priority to them in
borrowing capital from bank with preferential interest. So that they can invest in
production and rehabilitate their income.
-
The project should make it possible for the children of displaced families to
work for the project as workers or hired labors.
Grontmij Carl Bro A/S
34 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter VII
INSTITUTIONAL
ARRANGEMENTS
Grontmij Carl Bro A/S
35 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
7. INSTITUTIONAL ARRANGEMENTS
The implementation of resettlement activities will involve various agencies at the
national, provincial, city/district and ward/commune levels; however, it is the Binh
Dinh Provincial People's Committee, which will have overall responsibility.
A resettlement committee shall be established at the City's level according to the
provision of Decree 197. This RP shall serve as legal basis for implementing
compensation and resettlement activities that are associated with the
implementation of the Project.
7.1 Binh Dinh Provincial People's Committee
The Binh Dinh Provincial People's Committee (or, the PPC) is the principal
authority at the provincial level. The PPC in each involved province is responsible
for setting up and directing the Provincial Resettlement Appraisal Council in
accordance to needs of RP implementation. The PPC will take overall
responsibility in:
· reviewing the RP and approving it after the draft final RP has received "no
objection" from the WB;
· approving land acquisition and allocating the land to the Subproject for its
development
· giving the final decision on compensation unit costs, subsidies, allowances, and on
supporting policies for DPs, poor and vulnerable affected groups, in
accordance with the RPF and approved RP;
· directing coordination between the related institutions and provincial
departments for the implementation of the RP;
· ensuring the timely approval of the budget, and the release of funds for RP
implementation;
· ensuring that the Subproject's resettlement activities in their provinces would
be carried out in compliance with policies and provisions of the RPF; and in
taking responsibility for ensuring that RP objectives are met when
shortcomings are identified during internal and/or external monitoring of RP
implementation.
7.2 Quy Nhon City Project Management Unit
The Quy Nhon City Project Management Unit (or, the PMU) will be responsible for
implementing the RP. Responsibilities include:
· implementing and monitoring, on behalf of the PPC, all resettlement
activities within the Subproject boundaries under the PPC`s management,
and signing contracts for the implementation of resettlement components;
· overall planning, coordination, and supervision of the resettlement
program;
· updating or preparing necessary RP program in accordance with provisions of
approved RP and RPF, and submitting them to the PPC for approval and to
the WB for concurrence before implementation;
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36 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· guiding all resettlement activities in accordance with the project policies and
directives;
· establishing standard procedures for information meetings and stakeholder
consultation, such as monthly newsletters to communities on Project
activities, and providing coordination with other components and various
agencies involved in RP implementation and monitoring;
· checking and advising PPC to adjust, if necessary, compensation unit prices
for land and structures, in collaboration with other provincial departments
and following the rules of the RPF;
· setting up procedures for land acquisition and allocation, and submitting them
to the PPC for approval;
· coordinating, supervising, and monitoring the implementation of
resettlement activities;
· guiding and monitoring the DMS process, finalizing compensation forms,
reviewing compensation charts before submitting to the PPC for approval;
· establishing liaison mechanisms to ensure proper technical and logistical
support to implementing agencies;
· managing standardized DPs databases for each component, as well as for
the Project as a whole;
· establishing procedures for ongoing internal monitoring and review of
project level progress reports and for tracking compliance to project policies;
· establishing procedures for monitoring coordination between contractors and local
communities and for ensuring prompt identification and compensation of
impacts to public and private assets during construction;
· recruiting, supervising, and acting upon the recommendations of the
external monitoring organization;
· establishing procedures for the prompt implementation of corrective actions
and the resolution of grievances;
· coordinating project-related employment for DPs (consulting contractors
about employment opportunities for local people, informing DPs about
opportunities and how to avail of the opportunities);
· receiving and handing over the sites to contractors;
· cooperating fully with the external monitoring organization;
· reporting periodically on resettlement activities to the World Bank.
7.3 Quy Nhon City People's Committee
The Quy Nhon City People's Committee (or, the CPC) is responsible for
identification of legality of land user rights or ownerships of affected land and
structures, and for appointing members to the City Resettlement Committee
(CRC) and assigning them with functional tasks.
City Resettlement Committee (CRC)
The CRC will be responsible for:
· planning and implementing all daily resettlement activities of the
Subproject;
Grontmij Carl Bro A/S
37 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· conducting the DMS, preparing and completing compensation forms,
preparing compensation charts, and monitoring or carry out the delivery of
compensation to each DPs;
· preparing land and carry out procedures for relocation of resettled DPs.
· appointing inspectors to redress DPs grievances on resettlement policies and
entitlements;
· establishing, if necessary, commune resettlement committees and directing their
operations during the implementation of the resettlement activities;
· paying special attention to the needs and demands of specific groups (ethnic
minority groups) and vulnerable people (children, the elderly, woman/single
headed households);
· cooperating fully with the external monitoring organization.
7.4 Ward/Commune People's Committee (W/CPC)
The W/CPCs will be responsible for:
· assigning concerned ward/commune officials/professionals to help carry out all
resettlement activities in its ward/commune;
· Assisting others, including the PMU, in implementing information disclosure, and
facilitating public meetings and consultation with DPs;
· Assisting the others, including PMU, in census surveys, replacement cost
survey, DMS, and other resettlement-related activities;
· Participating in all activities related to land acquisition and
allocation,
resettlement, rehabilitation measures and social development support
activities;
· Supporting DPs in all resettlement and rehabilitation-related activities, and co-sign
compensation documents with the DPs;
· Verifying the list of the poor or disadvantaged DPs; and
· Ensuring that the grievance redress mechanism is appropriately set in place,
documenting DPs grievances and maintaining records of all lodged
grievances, and assisting and advising DPs on a speedy redress of grievances.
7.5 Agency Responsible for External Monitoring
The previous experience shows that choosing an independent inspection unit for the
projects in all three cities of Nha Trang, Quy Nhon and Dong Hoi will cut down
expenses for consultancy and streamline the bidding procedures. Nha Trang , Quy
Nhon and Dong Hoi PMUs have already agreed with this idea.
Therefore, one agency/ institute specialized in social sciences, will be identified and
engaged in order to carry out socio-economic surveys, monitoring, and evaluation
of RP implementation in three cities. The PMUs will sign contract with the
selected External Monitoring Agency (EMA or, in other words, IMO
Independent Monitoring Organization). External monitoring cost will be paid from
the IDA credit. The EMA or IMO will submit periodic reports on the
implementation process and make recommendations for the resolution of identified
issues.
Grontmij Carl Bro A/S
38 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter VIII
PUBLIC PARTICIPATION,
CONSULTATION AND
GRIEVANCE REDRESS
MECHANISM
Grontmij Carl Bro A/S
39 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
8. PUBLIC PARTICIPATION, CONSULTATION
AND GRIEVANCE REDRESS MECHANISM
8.1 Consultation During Project Preparation
At the early stage of project preparation, local authorities and leaders at different
administrative levels were informed about the project, its objectives and component
activities. They were intensively consulted, and actively participated in
discussions on their development needs and priorities, about their perception
toward project objectives. PAPs have been consulted on potential impacts and
improve benefits for local peoples. The local authority has been consulted on their
concurrence to, and has committed to comply with, the policies prescribed in the
approved RPF.
During the project preparatory phase, project's information and public consultation
were conducted. The methods of project information and public consultation included
participatory rapid appraisals and stakeholder's consultation, using techniques of
site and household visits, public meetings, and the household socio-economic survey.
The PAPs were extensively consulted, and actively participated in discussions on
their development needs and priorities, about their perception toward project
objectives. Relocated PAPs were consulted on their relocation needs and
preferences. 3 public meetings were held. The PAPs were extensively consulted,
and they actively participated in discussions on their development needs and
priorities, and their perception toward project objectives. Many questions on
different aspects related to the project's resettlement policy, compensation rates,
rehabilitation assistance packages were raised by the PAPs and were extensively
discussed.
The people participated in the public information dissemination and consultations
have expressed their desire to have their special interests to be involved in
stakeholders consultation activities. They considered the latter to be especially
important. In their opinions, a good information dissemination and extensive
discussions between all concerned parties on related impacts on local properties
and on the people and their communities could contribute to exploring
effective mitigation/rehabilitation measures to assist affected people and their
communities in restoring their living standards and local public conditions.
Immediately after project will be officially approved on, the proposed project,
including its objectives, components and on-going project preparation activities,
will be presented to the public through the newspapers and central and local TV
and through local authorities such as hamlet leaders.
8.2 Consultation Proposed During Implementation
8.2.1 Information Dissemination and Consultation
During implementation, the PMU, assisted by Project consultants and in cooperation
with the City's RC, will undertake the following:
Grontmij Carl Bro A/S
40 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· Provide detailed information, including Project policies and
implementation procedures, to the City's RC through a training workshop.
· Conduct information dissemination to, consultation with, DPs throughout the
life of the Project.
· Update the provincial unit prices and confirm land acquisition and impact on
properties through a Detailed Measurement Survey (DMS) in consultation
with DPs.
· The City's RC will apply updated prices, calculate compensation entitlements and
complete the Compensations Forms for each affected households. After which
information on entitlements will be presented on an individual basis to DPs
during the DMS follow up visit to each household.
· The Compensation Form, showing household's affected assets and compensation
entitlements, will need to be signed by the DPs to indicate their agreement
with the assessment. Any complaint/s of DP/s on the contents of the form
will be recorded at this time.
· A letter/questionnaire about resettlement options will be given to all DPs
entitled to relocation to:
- inform them about resettlement options (to give a clear explanation of the
consequences of choosing each option);
- request DP's confirmation of their choice for resettlement site; and
- request DP's indication of their current proximity to services such as
education, health, markets, etc.
· Consultation regarding DP's preferred option for rehabilitation assistance.
This applies to severely affected and vulnerable DPs. The CRC will inform
DPs of options and entitlement to rehabilitation prior to asking them to
indicate their preferences.
8.2.2 Public Meetings
Prior to the start of detailed engineering design, a public meeting will be held in each
affected ward/commune to provide DPs with additional information and an
opportunity for open discussion about resettlement policies, objectives and
procedures. A letter of invitation will be sent to all DPs at least 2 weeks before the
meeting in their area. This meeting is intended to clarify information that has been
given to date and to provide DPs with the opportunity to discuss issues of concern and
obtain clarification. In addition, other means will be used to inform DPs and the
general public such as posters in prominent locations in the wards/communes and
districts where the DPs currently reside, radio, newspaper and public poster
announcements. The letter and notices will advise the time and location of the
meeting, and who can attend. Both men and women from among the DPs will be
encouraged to attend, as well as other interested community members. The
meeting will explain the Sub-project, particularly the component that will affect them,
and the HHs' rights and entitlements, and there will be opportunities to ask
questions. Such meetings will be conducted periodically during the life of the Sub-
project.
Relevant information will be given to the DPs at the meetings (verbally,
graphically and/or on printed information sheets). Extra copies of the printed
information sheets will be available at the ward/commune and relevant City offices
throughout the subproject area. The meetings are proposed to have the following
format:
Grontmij Carl Bro A/S
41 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· Explanations are to be given verbally and in visual format, to include
written information and drawings of the proposed design for the different
Project components.
· Adequate opportunities will be provided for DPs to raise questions and
comments. DPs will be encouraged to contribute their ideas for their own
rehabilitation.
· The CRC will establish a complete list of all DPs present at each meeting.
· The CRC will make a complete documentation of the meetings, including
raised questions, comments and opinions, and decisions made. CRC submit
report on all meetings to the PMU.
Information about the following will be given to the DP:
· Project components, including the places where DPs can obtain more detailed
information about them.
· Project impacts on the people living and working in the affected areas, including
explanations about the need for land acquisition for each component.
· DPs' rights and entitlements, including:
-
definition of the cut-off date;
-
rights and entitlements for different impacts;
-
explanations on entitlements for those losing businesses, jobs and
income; - options for land-for-land and cash;
-
options regarding reorganizing and individual resettlement; and
-
entitlement to rehabilitation assistance and opportunities for Project-
related employment.
· Grievance mechanism and the appeal process, i.e.:
-
DPs will be informed that subproject policies and procedures are
designed to ensure their pre-project living standards are restored.
-
DPs will also be informed that if there is any confusion or
misunderstanding about any aspect of the Project, the resettlement
committee can help resolve problems. If they have complaints about any
aspect of land acquisition, compensation, resettlement and
rehabilitation process, including the compensation rates being offered
for their losses, they have the right to make complaints and to have their
complaints heard. DPs will receive an explanation about how to
access grievance redress procedures.
· Right to participate and be consulted. DPs will be informed:
-
about their right to participate in the planning and implementation of
the resettlement process.
-
That they will be represented in the CRC and that the representative will
have to be present whenever People's Committees at all levels meet to
ensure their participation in all aspects of the Project.
· Resettlement activities will be explained, particularly regarding:
- compensation calculations and compensation payments;
- monitoring procedures which will include interviews with a sample of DP,
relocation to an individual location/self-relocation; and
- preliminary information about physical work procedures.
· Organizational responsibilities, i.e., DPs will be informed about the
organizations and levels of Government involved in resettlement and the
responsibilities of each, as well as the names and positions of government
officials with contact numbers, office location and office hours.
Grontmij Carl Bro A/S
42 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· Implementation schedule, i.e., DPs will receive the proposed schedule for
the main resettlement activities and will be informed that:
- physical works will start only after the completion of all resettlement
activities and clearance from the Project area; and
- they are expected to move only after full payment of compensation for
lost assets is made.
Implementation schedules and charts will be provided to resettlement
committees at all levels.
8.2.3 Compensation and Rehabilitation
A letter of notification will be sent to each DP, informing the time, location and
procedure for receiving compensation payment. Severely affected and
vulnerable DPs will be personally contacted to confirm their preferences for
rehabilitation assistance.
8.2.4 Public Information Booklet
To ensure that DPs, their representatives and local government units in the affected
areas fully understand the details of the resettlement program, and are informed
about the compensation and rehabilitation packages applicable to the Project, the
PMU, in consultation with the WB, shall prepare a Public Information Booklet
(PIB). The PIB, which will be distributed to all DPs , will generally contain the
following information:
· brief description of the Project
· implementation schedule
· project impacts
· entitlements and rights of DPs
· resettlement and rehabilitation policies for all types of impacts
· institutions responsible for resettlement
· information dissemination to, and consultations with, DPs
· what to do when DPs have questions, concerns or problems
· grievance redress procedure, and
· independent monitoring.
8.2.5 Disclosure
In addition to disclosure to DPs and affected communities, the RPF and RP, will be
available in the Binh Dinh Provincial Information Centre, Quy Nhon PMU
Office, Info shop in Washington D.C., and Vietnam Development Information
Centre (VDIC) in Hanoi.
8.3 Grievance Redress Procedure
DPs may lodge their complaints on any aspect of compensation policy and rates, land
acquisition, resettlement, and entitlements relating to rehabilitation assistance
programs. Complaints may be lodged verbally or in written form. If it is lodged
Grontmij Carl Bro A/S
43 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
verbally, the office or committee to which it is lodged shall write down/document the
complaint during the first meeting with the Complainant.
Local mass organizations, including the National Front, Association of
Farmers, Women's Union, mediator groups, will be mobilized to actively
participate in process of resolving emerged complaints/grievances
During the process of grievance redress, DPs are exempted from all
administrative and legal fees.
The four-stage procedure for redressing grievances is as follows:
Stage 1
Complaints not previously addressed to or resolved shall first be lodged
verbally or in written form to the Ward/Commune People's
Committee (W/CPC). The complaint can be discussed in an
informal meeting between Complainant and the Chairman of the
W/CPC. The W/CPC will be responsible for resolving the issue
within 15 days from the day it is lodged.
Stage 2 If no understanding or amicable solution is reached in Stage 1, or if
Complainant has not received any response from the W/CPC within 15
days of registering the complaint, he/she can appeal to the City's
Resettlement Committee (RC). The City's RC will provide a decision
within 1 month upon receipt / registration of the appeal.
Stage 3
If Complainant is not satisfied with the decision of the City's RC or its
representative, or if he/she has not received any response from the
City's RC, he/she can appeal to the Binh Dinh Provincial People's
Committee (BDPPC). Together with the representative of the
Provincial RC or City's RC, the BDPPC will provide a decision on the
appeal within 30 days upon receipt / registration of the appeal.
Stage 4 If Complainant is still not satisfied with the decision of the BDPPC or
Provincial RC on appeal, or if he/she has not received any response
from the BDPPC within the stipulated time, he/she, as a last resort, may
submit his/her case to the District /City Court.
Grontmij Carl Bro A/S
44 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter IX
IMPLEMENTATION
SCHEDULE
Grontmij Carl Bro A/S
45 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
9. IMPLEMENTATION SCHEDULE
The implementation schedule is as follows:
Activity 1 Information Dissemination Prior to Detailed Engineering Design
Prior to the commencement of detailed engineering design, PMU
will provide information about the Project throughout the project
area. Information meetings will be held in all potentially affected
communes to inform the communities about the:
· Project scope;
· impacts;
· entitlements for all categories of loss;
· schedule of activities beginning with the detailed design survey;
· institutional responsibilities; and
· grievance mechanism.
The PIB will be prepared and distributed to all affected communities during the
meetings.
Activity 2 Establishment of the City Resettlement Committee (CRC)
The PPC will establish the CRC as soon as the Project has been started.
Activity 3Training for Resettlement Staff
Once the CRC has been established, Resettlement Specialists will conduct
training of the CRC, the resettlement unit of the PMU and the concerned
officials at the commune level. Training will cover the following
subjects:
· Objectives of the RP;
· Principles, policies, and entitlements of the RP;
· Consultation and information dissemination methods
· Implementation steps, procedures, and schedule;
· Grievance redress mechanism; and
· Powers and obligations of individuals/agencies involved in the
process of resettlement programs.
Activity 4 Updating Compensation Rates
During the detailed engineering 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.
Activity 5 Detailed Measurement and Census Survey
After completion of the detailed engineering design, DMSs and
censuses in the affected areas of the four Subproject components
(mentioned in Section 3.1) will be conducted. The findings of these
surveys will serve as final bases for compensation and for updating the
RP. Data from the surveys will be inputted into a computerized database
that shall have been established, and will be maintained, by PMU.
Activity 6 Pricing Application and Compensation to DP
Grontmij Carl Bro A/S
46 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
The CRC will be responsible for pricing application and preparing
compensation charts for each affected ward/commune. These will be
subject to verification by the PMU and PPC, particularly on the unit prices,
quantity of affected assets, DPs' entitlements, among others, prior to their
posting at each commune for people's review and comments. DPs
should carefully review / check their compensation forms, after
which, should affix their signatures in the charts to indicate their
concurrence.
Activity 7 Payment of Compensation and Allowances
This activity will be handled under the supervision of representatives of
W/CPC, CRC and DPs. All DPs shall have been fully compensated
prior to awarding contracts for the civil works.
Activity 8 Relocation / Resettlement
This shall start only after full payment of compensation to all DPs have
been completed, and the resettlement site is ready for occupancy, that is,
all infrastructure systems in place and operational. Resettlement shall
have been completed at least one month prior to start of civil works.
Activity 9 Monitoring
Internal and external monitoring shall start as soon as the updated RP
has been approved. Monitoring will continue throughout the
construction period. A replacement cost survey should be conducted by
the External Monitoring Agency (EMA) prior or during DMS to update
and advise PPC on compensation rates. A post-resettlement evaluation
will be also undertaken by the EMA 6 to 12 months after completion
of all resettlement activities.
Grontmij Carl Bro A/S
47 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Table 10. Implementation schedule
2007
2008
2009
Activities
6
7
8
9 10 11 12
1
2
3
4
5
6
7
8
9 10 11 12
1
2
3
4
5
6
7
8
9 10 11 12
1. Socio-economic consultation and
public consultation
2. Loss inventory survy
3. Stakeholder workshop
4. Detailed planning announcement
5. Annoucement of compensation
price for core zone
6. Compensation and relocation of core zone
7. Building resettlement site
8. Announcement of compensation
price for buffer zone
9. Compensation for buffer zone
10. relocation and resettlement of buffer zone
11. Monitoring
Grontmij Carl Bro A/S
48 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Grontmij Carl Bro A/S
49 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter X
IMPLEMENTATION
SCHEDULE
Grontmij Carl Bro A/S
50 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
10. COST AND BUDGET
10.1 Compensation Prices
The PPC yearly update land price in accordance with market price. At the
resettlement planning time, there is no new decision on land price. The price hence
is calculated based on the following decision.:
· Decision 98/2005/QD-UBND dated August 19, 2005 on compensation prices
for tree, grave lost during land acquisition
· Decision 139/2005/QD-UBND dated December 26, 2005 on amendment
and supplement of land price in Binh Dinh province for the year 2006 .
During RAP implementation, the compensation prices will be updated to reflect
the market prices and the replacement cost of the compensation for the DPs.
Table 11. compensation price
Rate
Item
Remarks
(VND/m2)
House
varies
Grade 5: 750.000VND/m2, grade 6: 700.000 VND/m2,
Decision no 100/2005/Q -UBND dated 22/8/2005
Residential land
400.0000
Residential area located along concrete road of more than 4 m
wide
Aquaculture land
40.000
Grade 2, Annex 4- plain commune- Decision no
04/2005/Q -UB dated 06/01/2005
Garden 120.000
30% of residential land
Agricultural land
40.000
grade 2, Annex 1, Decision no 04/2005/Q -UB dated
06/01/2005
Cement yard
40.000
Decision no 100/2005/Q -UBND dated 22/8/2005
fence
Varies
Brick: 160.000VND/m2, B40 nest: 120.000 VND/m2,
Decision no 100/2005/Q -UBND dated 22/8/2005
Crops and Trees
Varies
Transport assistance
3.000.000/ HH
Subsistence
30kg rice / person x 6 months x 6.000 VND/ 1 kg
Job transferring
Depending on aquaculture land area loosed ( applied item a,
article 23 chapter 4, Decision no 04/2005/Q -UB dated
06/01/2005
Income assistance
Average income / month x 3 months
Grave varies
Brick: 1500000 VND/grave, earth: 500.000VND/grave.
Decision no 98/2005/Q -UBND dated 19/8/2005
Well varies
1.000.000
Grontmij Carl Bro A/S
51 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Rate
Item
Remarks
(VND/m2)
VND/ unit
Telephone installation
10.2 Cost Estimates
According to the data gathered in sociological surveys as well as the information
from the exchanges with Quy Nhon Sub-project PPU cadres and the
community consultations, there are two options for estimated cost of the
resettlement activities including:
Option 1: compensation for all land in core zone, land including agricultural land
and house in buffer zone. This option is rather costly and is not preferred by
PAP. The cost for this option is 59,642,167,415 VND or 3,698,510 USD
Option 2: compensation for all land in core zone, land in buffer zone. PAP will still
cultivate in buffer zone. This option is less costly and almost all PAP preferred this
solution. . The cost for this option is 25,844,792,465 VND or 1,602,678 USD
The table 12 shows detailed estimated cost for resettlement plan
Grontmij Carl Bro A/S
52 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Grontmij Carl Bro A/S
53 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Table 12. Estimated cost for resettlement plan
Option 1
Option 2
Item
Scope
Unit
Price
Cost (VND)
Cost (USD)
Scope
Cost (VND)
Cost (USD)
Core zone
Residential land
785
m2
400,000
314,160,000
19,482
785
314,160,000
19,482
Garden
81
m2
120,000
9,720,000
603
81
9,720,000
603
Agricultural land
15,737
m2
40,000
629,480,000
39,035
15,737
629,480,000
39,035
Aquaculture land
102,997 m2
40,000
4,119,864,000
255,480
102,997
4,119,864,000
255,480
Grave
110
grave
varies
70,000,000
4,341
110
70,000,000
4,341
Cost for core zone
5,143,224,000
318,940
5,143,224,000
318,940
Buffer zone
Residential land
17,345
m2
400,000
6,937,800,000
430,224
17,345
6,937,800,000
430,224
Garden
21,930
m2
120,000
2,631,600,000
163,190
21,930
2,631,600,000
163,190
Agricultural land
751,426 m2
40,000
30,057,020,000
1,863,886
751,426
Aquaculture land
1,300
m2
40,000
52,000,000
3,225
1,300
House
8,359
m2
varies
6,222,450,000
385,864
8,359
6,222,450,000
385,864
Yard
2,255
m2
varies
90,180,000
5,592
2,255
90,180,000
5,592
Fence
801
m2
varies
211,100,000
13,091
801
211,100,000
13,091
Cage
1,208
m2
varies
211,100,000
13,091
1,208
211,100,000
13,091
Well
26
well
varies
2,880,000
179
26
2,880,000
179
Trees
67,700,000
4,198
0
67,700,000
4,198
job assistance
37
set
1,000,000
37,000,000
2,294
37
37,000,000
2,294
transportation assistance
97
HH
3,000,000
291,000,000
18,045
97
291,000,000
18,045
income assistance
97
HH
465,600,000
28,873
97
465,600,000
28,873
Grontmij Carl Bro A/S
54 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Option 1
Option 2
Item
Scope
Unit
Price
Cost (VND)
Cost (USD)
Scope
Cost (VND)
Cost (USD)
livelihood stabilization
423
person
481,680,000
29,870
423
481,680,000
29,870
assistance for loss >20%
agricultural land
65
HH
3,000,000
195,000,000
12,092
65
195,000,000
12,092
Other assistance
36,000,000
2,232
36,000,000
2,232
cost for buffer zone
47,990,110,000
2,975,946
17,881,090,000
1,108,836
Cost for buffer
and core zones
53,133,334,000
3,294,886
23,024,314,000
1,427,776
Management
1
%
531,333,340
32,949
230,243,140
14,278
external supervision
1.25
%
664,166,675
41,186
287,803,925
17,847
Contingency
10
%
5,313,333,400
329,489
2,302,431,400
142,778
Total
59,642,167,415
3,698,510
25,844,792,465
1,602,678
Grontmij Carl Bro A/S
55 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
10.3 Sources of Resettlement Funds
The budget for the RP implementation will be part of the Government's
counterpart funds and the OPA loan provided by World bank. The Binh Dinh
PPC will provide the counterpart funds for compensation and the ODA loan
will be used to build infrastructure of the resettlement site. Both those funds
will be included in the Project's total investment cost.
Costs for the resettlement training, development of the resettlement site and external
monitoring will be taken from the IDA credit.
Grontmij Carl Bro A/S
56 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Chapter XI
MONITORING AND
EVALUATION (M&E)
Grontmij Carl Bro A/S
57 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
11. MONITORING AND EVALUATION (M&E)
Monitoring is the continuous process of assessment of project implementation, in
relation to agreed schedules, the use of inputs, infrastructure and services by the
Project. 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 verify that project activities have been effectively completed including
quantity, quality, and timeliness; and
· To assess whether and how well these activities are achieving the stated goal and
purpose of the Project.
Regular monitoring of the RP implementation will be conducted by the implementing
agencies (PMU) as well as by an independent external monitoring organization
hired by the PMU.
11.1 Internal Monitoring
Internal monitoring of the implementation of the Project RP will be the
responsibility of the PMU, with the assistance from the consultants. The PMU
will oversee the progress in resettlement preparation and implementation through
regular progress reports.
The main indicators that will be monitored regularly include:
· payment of compensation to DPs in various categories, according to the
compensation policy described in the RP;
· delivery of technical assistance, relocation, payment of subsistence, and moving
allowances;
· delivery of income restoration and rehabilitation assistance entitlements;
· public information dissemination and consultation procedures;
· adherence to grievance procedures and outstanding issues requiring management's
attention;
· priority of DPs regarding the options offered; and
· coordination and completion of resettlement activities and award of civil works
contract.
The PMU will collect information every month from the different resettlement
committees. A database of resettlement monitoring information regarding the
Project will be maintained and updated every month.
The PMU will submit a monitoring report on the progress on implementation of
the RP to the PPC, and to the WB as part of its regular quarterly report to the latter.
The internal monitoring reports shall include the following topics:
· The number of DPs by category of impact per component, and the status
of
compensation payment and relocation and income restoration for each
category.
· The amount of funds allocated for operations or for compensation and the
amount of funds disbursed for each.
Grontmij Carl Bro A/S
58 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· The eventual outcome of complaints and grievances and any outstanding issues
requiring action by management.
· Implementation problems.
· Revised actual resettlement implementation schedule.
11.2 External Monitoring
11.2.1 Objectives
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 displaced persons 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.
11.2.2 Agency Responsible
According to an agrrement among 3 PPUs in 3 cities, one independent
monitoring unit for RP implementation will be hired for 3 cities and each among
them will have separate contract. The hired organization, to be called the
Monitoring Organization (MO) will be specialized in the Social Sciences and
experienced in resettlement monitoring. The MO should start their work as soon
as the updated RP is approved.
11.2.3 Monitoring and Evaluation Indicators
The following indicators will be monitored and evaluated by the MO:
· Payment of compensation will be as follows:
- full payment to be made to all DPs sufficiently before land
acquisition; - adequacy of payment to replace affected assets.
· Provision of technical assistance for house construction to DPs who are
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.
· Provision of income restoration assistance.
· Public consultation and awareness of compensation policy:
- DPs should be fully informed and consulted about land acquisition,
leasing and relocation activities;
- the monitoring team should attend at least one public consultation meeting to
monitor public consultation procedures, problems and issues that arise
during the meetings, and solutions that are proposed;
- public awareness of the compensation policy and entitlements will be
assessed among the DPs; and
- assessment of awareness of various options available to DPs as provided for
in the RP.
· DPs should be monitored regarding restoration of productive activities.
Grontmij Carl Bro A/S
59 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
· The level of satisfaction of DPs with various aspects of the RP will be
monitored and recorded. The operation of the mechanisms for grievance
redress, and the speed of grievance redress will be monitored.
· 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.
11.3 Monitoring methodology
11.3.1 Sample Survey
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. The sample survey should be conducted twice a
year.
The survey should include women, elderly persons, and other vulnerable target
groups. It should have equal representation of male and female respondents.
A post-resettlement evaluation will be carried out 6 to 12 months after
completion of all resettlement activities.
11.3.2 Database Storage
The MO will maintain a database of resettlement monitoring information. It
will contain files on results of independent monitoring, DPs surveyed and will be
updated based on information collected in successive rounds of data collection. All
databases compiled will be fully accessible by PMU and the WB.
11.3.3 Reporting
The MO will be required to submit the findings of the periodical monitoring every 6
months. These monitoring reports shall be submitted to the PMU, which in turn
will submit the reports to the World Bank as an annex of its progress report.
The report should contain: a) progress of RP implementation; b) deviations, if
any, from the provisions and principles of the RP; c) identification of problem
issues and recommended solutions, so that implementing agencies are informed
about the ongoing situation and can resolve problems in a timely manner; and
d) progress of the follow-up of problems and issues identified in the previous
report.
11.3.4 Monitoring Report Follow-Up
The monitoring reports will be discussed in a meeting between the MO and
PMU, held immediately after submission of the report. Necessary follow-up
actions will be taken based on the problems and issues identified in the reports
and follow-up discussions.
Grontmij Carl Bro A/S
60 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
11.4 Evaluation
Evaluation is an assessment at a given point of time of the impact of resettlement and
whether stated objectives have been achieved. The external monitor will conduct an
evaluation of the resettlement process and impact 6 to 12 months after completion of all
resettlement activities using the same survey questionnaire and
Quy Nhon City Sub-Project (CEPT)
Grontmij Carl Bro A/S
61 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Grontmij Carl Bro A/S
62 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Annex A Entitlement Matrix
Definition of
Item
Type of Loss
Application
Compensation Policy
Implementation Issue
Entitled Person
1
Permanent
20% or less of
With legal or
i)
Cash compensation for acquired land at 100% of
If the viability of the remaining land is less than
loss of
HH's total land
legalized rights
replacement cost; AND
the minimum viable economic unit, then the
ARABLE
holding lost
to use land
entire piece of land would be acquired and the
LAND
ii)
Cash compensation for lost crops and trees at
DP falls under the next category.
Marginal impact on
market price
HH income and
living standards
With temporary /
i)
Cash compensation for acquired land equivalent
leased rights to
to remained investment put on land; OR
use land (can not
be legalized as
30% of land replacement cost
long-term user)
AND
ii)
Cash compensation for lost crops and trees at
market price
Without legal
i)
In lieu of compensation for land, cash
In case DP utilizes the land on conditions to
rights to use land
equivalent to 60% of land replacement cost;
return land upon request by Government for
(NOT "poor and
AND
latter's use, DP will not be compensated for
vulnerable,
ii)
land, but will be compensated for lost
severely affected
Cash compensation for lost crops and trees at
crops/trees at market prices.
landless farmer")
market prices
Grontmij Carl Bro A/S
63 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Item
Type of Loss
Application
Compensation Policy
Implementation Issue
Entitled Person
Without legal
i)
As a priority, allocation of arable land equal to
In case DP utilizes the land on conditions to
rights to use land
per capita arable land in commune; OR
return land upon request by Government for
(is "poor and
latter's use, DP will not be compensated for
vulnerable,
If no land is available, or upon DP's request,
land, but will be compensated for lost
severely
cash equivalent to 60% of land replacement cost
crops/trees at market prices.
affected, landless
farmer"
AND
ii)
Rehabilitation / training assistance of not less
Adoption 3,000.000 VND for the Poor and
than VND 3,000,000/HH (for training / re-
vulnerable, land less farmer
training, intensifying existing occupation or
shifting to new ones, combining with technical
assistance such as agricultural extension, credit,
etc.); AND
iii)
Cash compensation for lost crops and trees at
market prices
Grontmij Carl Bro A/S
64 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
More than 20%
With legal or
i)
As a priority, apply "land for land" policy.
The form of rehabilitation assistance should
of HH's total
legalized rights
Replacement land must be of equivalent
be considered closely with the entitled DPs
land holding lost
to use affected
productive
capacity
&
at
location
to ensure appropriate and effective
land
acceptable to DP; OR
measures are given to assist them in
Severe impact on
restoring their income earning capacities
HH income and
If requested by DP, or if land is not
and income levels.
living standards
available:
ii)
- cash compensation for lost land at 100%
It would be in the form of cash in
replacement cost, PLUS
combination with relevant TA such as
agricultural extension to help the poor and
It is possible choose one of the two
disadvantaged farmers to improve their
assistance:
farming productivity/production capacity.
a)
Rehabilitation assistance of not less
than VND 3,000,000 per HH (for
If the viability of the remaining land is less
training
/
re-training,
intensifying
than the minimum viable economic unit, the
existing occupation or shifting to new
entire piece of land would be acquired.
ones,
combining
with
technical
assistance
such
as
agricultural
extension, credit, etc.) OR
b)
Depends on the area (m2) of revoked
land,
each
job-training/changing
allowance from 1,000,000 VND to the
highest
one
(6
allowances)
an
equivalent to 6 million VND, will be
iii)
given to each household.
AND
Cash compensation for lost crops and trees
at market prices
Grontmij Carl Bro A/S
65 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
With
i)
As a priority, apply "leased land for leased
If the value of remained investment is
temporary or
land" policy. Replacement "leased land"
undoubtedly greater than 30%of its
leased rights to
must be at location acceptable to DP; OR
replacement cost, the PMU and
use land (can not
Resettlement Committees will review case
be legalized as
If requested by DP, or if replacement
and adjust accordingly
long-term user)
"leased land" is not available:
- cash compensation equal to the
remained investment put on land, OR
- 30% of land replacement cost
AND
Cash compensation for lost crops and trees
ii)
at market prices
Without legal
i)
In lieu of compensation for land, cash
In case DP utilizes the land on
rights to use
equivalent to 50% of land replacement cost;
conditions to return land upon request
land (NOT
AND/OR
by Government for latter's use, DP
"poor and
ii)
will not be compensated for land, but
vulnerable,
Cash compensation for lost crops and trees at
will be compensated for lost
severely affected
market prices
crops/trees at market prices.
landless
farmer")
Grontmij Carl Bro A/S
66 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Without legal
i)
As a priority, allocation of arable land equal to
In case DP utilizes the land on
rights to use
per capita arable land in commune (as regulated
conditions to return land upon request
land (is "poor
by Decree 64/1993/CP); OR
by Government for latter's use, DP
and vulnerable,
will not be compensated for land, but
severely affected
If requested by DP, or if arable land is not
will be compensated for lost
landless
available, cash compensation equivalent to 50%
crops/trees at market prices.
farmer")
of land replacement cost
AND
ii)
Rehabilitation assistance of not less than VND
3,000,000 per HH (for training / re-training,
intensifying existing occupation, or shifting to
new ones, to ensure DP can at least restore /
improve income level & living standards; AND
iii)
Cash compensation for lost crops and trees at
market prices
Grontmij Carl Bro A/S
67 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Annex A
Entitlement Matrix (continued)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
2
Permanent
Land acquired
With legal or
i)
Cash compensation for land at 100% of
loss of
WITHOUT
legalized rights
replacement land
RESIDENTIA
structures built
to use affected
L
therein
land
LAND
Marginal impact
Without legally
i)
Cash compensation for land at value
recognizable
corresponding the remained investment
rights to use
affected land
Land acquired
(Reorganizing
i)
Cash
compensation
for
land
at
100%
of
At the time of compensation,
with structures
DPs) With legal
replacement land; AND
allowances will be adjusted to account
built therein &
or legalized
for inflation.
remaining
rights to use
ii)
Cash compensation for affected structure/s at
land is sufficient
affected land
full replacement cost; AND
to rebuild on
iii)
If house/structure partially affected, repair cost
Marginal
or
OR
severe impact
If HH has to rebuild main house, transition
allowances to include:
iv)
transportation allowance of not less than VND
No applied in Quy Nhon phase 1
500,000
v)
subsistence allowance of value equivalent to
30 kg of rice per member per mo. for 3 mos.
vi)
Assistance for fixed telephone instalment, if
there is a fixed telephone in the part of the house
to be dismantled because of displacement or
relocation on the remaining land.
Grontmij Carl Bro A/S
68 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
(Reorganizing
i)
Cash
compensation
for
land
at
value
At
the
time
of
compensation,
DPs) Without
corresponding the remained investment; AND
allowances will be adjusted to account
legally
for inflation.
recognizable
ii)
Cash compensation for affected structure/s at
rights to use
replacement cost; AND
affected land
iii)
If house/structure partially affected, repair cost
OR
If HH has to rebuild main house, transition
allowances to include:
iv)
transportation allowance of not less than VND
500,000
v)
subsistence allowance of value equivalent to
30 kg of rice per member per mo. for 3 mos.
(Relocating
i)
Assistance amount corresponding to the
At
the
time
of
compensation,
DPs)
remained investment on the land, OR
allowances will be adjusted to account
Without legally
for inflation.
recognizable
30% of land replacement cost;
rights to use
affected land
AND
BUT
ii)
Compensation for affected structures at
who have
replacement cost
residence
AND
somewhere else
Transition allowances to include:
in the same
iii)
transportation allowance VND 3,000,000 per
ward/commune
iv)
HH
as where they
subsistence allowance of value equivalent to
are affected
30 kg of rice per member per mo. for 6 mos.
Grontmij Carl Bro A/S
69 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
(Relocating
i)
A residential plot of minimal size at a common
At
the
time
of
compensation,
DPs)
resettlement site or an individual resettlement
allowances will be adjusted to account
Without legally
site, with full title to the land; OR
for inflation.
recognizable
rights
to
use
on request by DP, an assistance amount
affected land
corresponding to 60% of the land replacement
BUT
cost, for DP to arrange self-relocation;
poor and
AND
vulnerable and
have no other
ii)
Compensation for affected structures at
residential land
replacement cost; AND
in the same
ward/commune
Transition allowances to include:
as where they
iii)
transportation allowance ranging from VND
are affected
3,000,000 per HH
iv)
subsistence allowance of value equivalent to 30
kg of rice per member per mo. for 6 mos.
i)
Cash compensation of affected portion at 100%
3
Loss of
Affected houses /
Owners of
of replacement cost for materials and labor. No
Calculation of rates will be based on
HOUSES /
structures in
affected houses
deduction will be made for depreciation and
the actual affected area and not the
STRUCTURE
affected
/ structures
salvageable materials; AND
usable area.
S and
residential land
GRAVES
where remaining
ii)
If house / structure is partially affected, repair
land is sufficient
cost to restore it to former or better condition;
to build on
OR
If main house needs to be rebuilt, transition
allowances to include:
iii)
-
transportation allowance of not less than
VND 500,000
iv)
-
subsistence allowance of value equivalent to
30 kg of rice per member per mo. for 3 mos.
Grontmij Carl Bro A/S
70 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
v)
- Assistance for fixed telephone instalment, if
there is a fixed telephone in the part of the house
to be dismantled because of displacement or
relocation on the remaining land.
Lost houses /
Owners of
i)
Cash compensation at 100% of replacement cost
Calculation of rates will be based on
structures in
affected houses
for materials and labor. No deduction will be
the actual affected area and not the
affected
/ structures
made for depreciation and salvageable materials;
usable area.
residential land
AND
where remaining
land is NOT
ii)
Transition allowances to include:
sufficient to build
transportation allowance VND 3,000,000 per
on
iii)
HH
subsistence allowance of value equivalent to
30 kg of rice per member per month for 6
iv)
months
- 300,000 VND on fixed telephone installment,
v)
if there is a fixed telephone in the old house
-Provide an assistance of 2,000,000 VND/
household, if the household
displaces 20 days
vi)
ahead of time
- 1,000.000 VND for those who are the ones
enjoying privileged policies and regulations (i.e.
households with war invalids, martyrs, great
services to the revolution or the specially poor,
lonely
-person,
diseased,
elderly
and
underprivileged households.
Grontmij Carl Bro A/S
71 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
Lost houses /
Tenants
i)
Cash assistance equivalent to remaining rent
structures
contract value, but not to exceed rent value of 3
mos.; AND
ii)
Transportation allowance for moving assets;
AND
iii)
Technical assistance in identifying alternative
accommodation
Lost graves
Owners of
i)
Cash compensation for excavation, movement
Compensation in cash to be paid to
graves
and reburial
each affected family.
For graves without owners, cash
compensation will be given to local
People's Committee for these graves'
relocation to new site.
4
Loss of
Affected crops
Owners of
i)
Cash compensation at market price
DPs to be notified in writing several
standing crops
affected crops
months in advance regarding eviction.
and trees
Crops grown after issuance of deadline
will not be compensated.
Affected trees
Owners of
i)
Cash compensation at market price on their basis
DPs to be notified in writing several
affected trees
of type, age and productive value
months in advance regarding eviction.
Crops grown after issuance of deadline
will not be compensated.
Grontmij Carl Bro A/S
72 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
5
Loss of income
Loss of income
Owner of
i)
Cash compensation for loss of income during the
DPs will be given priority for business
and business /
and business /
affected
transition period, equivalent to average net
to relocate along highway, communal
productive
productive assets
business /
monthly income for at least 3 months to the
roads and along canals near the bridges
assets
productive asset
households with business registration;
or footbridges.
NOT to relocate
to new site
A package compensation of 500,000-1,000,000
At the time of compensation,
VND/month
for at least 3 months to the
allowances will be adjusted to account
households without business registration; AND
for inflation.
ii)
Cash compensation for business structure /
productive asset/s at full replacement cost,
without deduction for depreciation and
salvageable materials
Grontmij Carl Bro A/S
73 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
Owner of
i)
Cash compensation for loss of income during the
DPs will be given priority for business
affected
transition period, equivalent to average net
to relocate along highway, communal
business /
monthly income for at least 3 mos. for HHs
roads and along canals near the bridges
productive
having business registration. OR
or footbridges.
asset, TO
RELOCATE to
ii)
A package compensation of 500,000-1,000,000
At
the
time
of
compensation,
new site
VND/month
for at least 3 months to the
allowances will be adjusted to account
households without business registration
for inflation.
; AND
iii)
Cash compensation for business structure /
productive asset/s at full replacement cost,
without
deduction
for
depreciation
and
salvageable materials; AND
iv)
Alternative business site of equal size and
accessibility to customers, satisfactory to DPs;
OR
on request of DP, cash compensation for
business affected area at replacement cost, PLUS
transportation allowance to relocate movable
assets to new site
6
Temporary
Temporary loss of
User of affected
i)
Compensation for 1 harvest of crops / trees at
If the quality of land will be radically
impact during
arable land
arable land
market price; AND
changed upon return to DP, and would
construction
require DP to change in the type of
ii)
Compensation for loss of net income from
use, DP should be compensated for all
subsequent crops that cannot be planted for the
envisaged cost of losses.
duration of Project's temporary use; AND
iii)
Restoration of land to its previous or better
quality by providing measures to improve land
Grontmij Carl Bro A/S
74 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
quality in cases of land being adversely affected
or acidified; AND
iv
If the duration of Project's use of the land
exceeds 2 years, DP can continue to use land,
OR
give land to Project and be compensated for
permanent loss of the land
Temporary loss of
User of affected
i)
Compensation for affected assets at replacement
residential land
residential land
cost; AND
ii)
Restoration of land to its previous or better
( It is possible to
condition
Properly implemented for on-the-spot
be applied for
resettlement
in
Quy
Nhon,
but
DPs in Nhon
iii)
The households will receive an assistance for
assistance for house rent
should be
Binh)
house rent of 2,000,000 VND/ household for 6
4,000,000 VND for one year (an
months while they are waiting for moving into
equivalent to the approved time for the
resettlement site.
construction of infrastructures in the
resettlement site.
Grontmij Carl Bro A/S
75 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
Temporary impact
Owner of
i)
Compensation for loss of income during the
on business
business
transition period equivalent to average net
monthly income for at least 3 months to the
households with business registration; OR
A
compensation
of
500,000-1,000,000
VND/month
for at least 3 months to the
households without business registration;AND
ii)
Compensation for affected assets at replacement
cost; AND
iii)
Restoration of land to its previous or better
condition
Damages by
Owner or
i)
Contractor to compensate damages immediately
contractors to
person with
to affected families, groups, communities,
private or public
land use rights
government agencies at the rates applied to all
structures or land
other assets affected by the Project; AND
ii)
Restoration of damaged property to its previous
condition
7
Secondary DP
Loss of land and
Land users
Likely to be affected in the same way primary
properties for
DPs are, they will be entitled to compensation;
development of
AND rehabilitation assistance in accordance with
resettlement site
respective provisions for all other DPs
8
Loss of
Community
Village, ward /
i)
Restoration of affected community
community
buildings /
commune,
infrastructures to at least its previous condition;
assets
structures, forest /
Government
OR
grazing /
Unit
irrigation systems
Replacement in areas identified in consultation
/ or other lands
with affected communities and/or relevant
Grontmij Carl Bro A/S
76 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
affected by
authorities; OR
temporary or
permanent land
Compensation at replacement cost for affected
acquisition or
community land and assets
spoil disposal
At the time of compensation,
9
Allowances /
Transportation
Relocating DP
i)
VND 3,000,000 per HH.
allowances will be adjusted to account
Assistances
for inflation.
Adopt. PPC regulation at 3 millions
for HHs who move out and back the
resettlement site
Reorganizing
i)
VND 500,000 per HH
At the time of compensation,
DPs who have
allowances will be adjusted to account
to rebuild main
for inflation.
house on their
remaining
residential land
Subsistence
Relocating DPs
i)
Value equivalent to 30 kg of rice per member per
At the time of compensation,
mo. for 6 month
allowances will be adjusted to account
for inflation.
Reorganizing
i)
Value equivalent to 30 kg of rice per member per
At the time of compensation,
DPs who have
mo. for 3 mos
allowances will be adjusted to account
to rebuild main
for inflation.
house on their
remaining
residential land
Grontmij Carl Bro A/S
77 September 2007
Coastal City Environmental Sanitation Project
RAP
Quy Nhon City Sub-Project (CEPT)
Definition of
Compensati
Item
Type of Loss
Application
Implementation Issue
Entitled Person
on Policy
Rehabilitation
Severely
i)
VND 3,000,000 per HH for training / re-training
Concrete form of assistance will be
affected farmers
and intensifying their existing occupation or
intensively consulted with the farmers
receiving cash
shifting to new ones, combining with technical
to meet their actual needs, assisting
compensation
assistance such as agricultural extension, credits,
them to restore or improve earning
for losing >20%
etc. OR
capacities and income.
of agricultural
land
Depends on the area (m2) of revoked land, each
job-training/changing allowance from 1,000,000
VND to the highest one (6 allowances)- an
equivalent to 6 million VND, will be given to
each household.
Grontmij Carl Bro A/S
78 September 2007