Resettlement Plan Tuyen Quang Province · PPTA 7245-VIE: Transport Connection in Northern Mountainous Provinces Project Resettlement Plan Tuyen Quang Province Page iii …

33 Asian Development Bank FIGHTING POVERTY IN ASIA AND THE PACIFIC

Technical Assistance Consultant’s Report

TRANSPORT CONNECTION IN NORTHERN MOUNTAINOUS PROVINCES PROJECT

Resettlement Plan

Tuyen Quang Province

Project Number : TA7245-VIE

April 2011 (FINAL DRAFT)

PPTA 7245-VIE: Transport Connection in Northern Mountainous Provinces Project

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CURRENCY EQUIVALENTS

(As of March 2011)

Currency Unit = Dong (VND)

$1.00 = VND 20,900

ABBREVIATIONS

ADB = Asian Development Bank

CARB = Compensation, Assistance and Resettlement Board

CPC = Commune People’s Committee

DP = Displaced Person

DONRE = Department of Natural Resources and Environment

DPC = District People’s Committee

GOV = Government of Viet Nam

HH = Household

IOL = Inventory of Losses

LMO = Land Management Organizations

LURC = Land Use Rights Certificate

MOLISA = Ministry of Labour, Invalids and Social Assistance

PDOT = Provincial Department of Transport

PPC = Provincial People’s Committee

PPMU = Provincial Project Management Unit

RCS = Replacement Cost Study

ROW Right of Way

RP = Resettlement Plan

SC = Steering Committee


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GLOSSARY

Assistance Means additional support provided to DPs losing assets (particularly

productive assets), incomes, employment or sources of living, to supplement

payment of compensation for acquired assets, in order to achieve, at a

minimum, full restoration of living standards and quality of life.

Cut-off date Means the date prior to which the occupation or use of any part of the

project area makes residents or occupiers or users of the same eligible to be

recognized as DPs.

Detailed

Measurement

Survey (DMS)

Means the finalization and/or validation of the results of the inventory of

losses (IOL), severity of impacts, and list of DPs. The final cost of

compensation, assistance and resettlement is determined following

completion of the DMS. The DMS will be done by different Compensation, Assistance and Resettlement Board in the phase of RP implementation once the

benchmarks of the project site demarcation are put on the ground.

Displaced Person

(DP)

(referred to as

“Affected Persons”

as per Government

law)

Displaced Persons in a project area could be of three types:

(i) persons with land use rights to land lost in its entirely or in part;

(ii) persons who lost the land they occupy in its entirely or in part

who have no land use rights to such land, but who have claims

to such lands that are recognized or recognizable under

national laws; and

(iii) person who lost the land they occupy in its entirely or in part

who have neither land use rights nor recognized or recognizable

claims to such land.

The involuntary resettlement apply to all three types of displaced persons

Livelihood

restoration

Means the re-establishment or improve of sources of income and livelihood

of relevant DPs through the RP policy and its implementation.

Inventory of Losses

(IOL)

Means the process of identification, location, measurement and valuation of

replacement cost of all fixed assets that will be recovered or adversely

affected by or as a result of the project. These include, (without limitation or

being an exhaustive list) lands used for residence, commerce, agriculture,

ponds; dwelling units, stalls and shops, other structures, such as fences,

tombs, wells; trees with commercial value, sources of income and livelihood.

It also includes the assessment of the severity of the impact of land and

property on the affected assets and the severity of impact to the livelihood

and productive capacity of DPs. IOL is carried in the phase of RP

preparation.

Land recovery (also

referred to land

acquisition)

Means the processes by which all or part of land and property owned,

possess, occupies or uses, are compulsorily recovered or otherwise

acquired from an individual, household, firm or private institution by the

State or are acquired by agreement. Decision on land recovery will be done

through two steps (i) Decision at the provincial or city for the whole project

areas and subsequently (ii) Decision by the district to each individual.

Resettlement or

Relocation

Means the physical relocation of an DP from the DP’s pre-project place of

residence and/or business.

Replacement Cost

Means the amount calculated before displacement which is needed to

replace an affected asset without deductions for taxes, and/or costs of

transaction as follows:

(i) Productive land (Agricultural, fishpond, garden, forest) based on market

prices that reflect recent land sales of comparable land in the district and

other nearby areas, and in the absence of such recent sales, based on


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productive value;

(ii) Residential land based on market prices that reflect recent sales of

comparable houses and residential land in the district and other nearby

areas, and in the absence of such recent land sales, based on sales in other

locations with similar attributes;

(iii) Houses and other related structures based on current market prices of

materials and labor without depreciation nor deductions for salvaged

building materials;

(iv) Standing crops equivalent current market value of the crop at the time of

compensation;

(v) Perennial crops and trees, cash compensation equivalent to current

market value given the type, age and productive value (future production) at

the time of compensation.

(vi) Timber trees, the price that would currently be paid for the tress on the

nearest market based on the diameter of each tree at breast height.

Replacement Cost

Study

Means the process involved in determining the replacement cost of land,

houses and other affected assets based on surveys by qualified appraisers

or assessors.

Vulnerable People Means individuals or distinct groups of people who might suffer

disproportionately or face the risk of being further marginalized by the

effects of land and property recovery or resettlement and specifically

includes: (i) female headed households with dependents (ii) households with

disabled persons, (iii) households falling under the current MOLISA

benchmark poverty line, (iv) children and elderly households who are with

no other means of support, (v) landless households, and (vi) non-integrated

and vulnerable ethnic minorities.


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TABLE OF CONTENTS

EXECUTIVE SUMMARY I

I. PROJECT DESCRIPTION 1

A. Background 1

B. The Tuyen Quang Subproject Description 1

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 3

A. Inventory of Losses (IOL) 3

B. Affected Households 3

C. Affected Land and Non-Land Assets 3

III. SOCIO-ECONOMIC INFORMATION AND PROFILES 4

A. Socio-Economic Profile of Subproject Area 4

B. Socio-Economic Profile of Displaced Persons (DPs) 5

IV. INFORMATION DISCLOSURE, CONSULTATION 5

A. Consultations 5

B. Information Disclosure 7

V. GRIEVANCE REDRESS MECHANISM 7

VI. POLICY FRAMEWORK AND ENTITLEMENTS 8

A. Legal Framework 8

B. Reconciliation of Government and ADB Policy on Resettlement 9

VII. ENTITLEMENT, ASSISTANCE AND BENEFITS 11

A. Objectives 11

B. Project Entitlements 12

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN 14

A. Source of Resettlement Funds 14

B. Replacement Cost Survey 14

C. Resettlement Costs 15

IX. INSTITUTIONAL ARRANGEMENTS 17

A. Tuyen Quang Provincial People Committee 17

B. Provincial Project Management Unit (PPMU) of PDOT 17

C. District Compensation and Resettlement Board 17

D. Commune Peoples Committee 18

X. IMPLEMENTATION SCHEDULE 18

XI. MONITORING AND REPORTING 19

APPENDIX 1: IOL FORM 20

APPENDIX 2: MINUTES OF COMMUNITY CONSULTATION MEETING 25

APPENDIX 3: LIST OF APS AND AFFECTED ASSETS 26

APPENDIX 4: ADB ACCOUNTABILITY MECHANISM 27

LIST OF TABLES


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Table 1: Detailed Road Descriptions 2

Table 2. Number of Affected Households 3

Table 3. Scope of Land Acquisition 4

Table 4. Houses and Secondary Structures Affected 4

Table 5. Affected Trees and Crops 4

Table 7 : Public Consultation Conducted Error! Bookmark not defined.

Table 8 : Summary of Perceived Benefits and Adverse Effects of Road Project 6

Table 9: Gaps Between National Laws and ADB Policy 9

Table 10: Entitlement Matrix of the Project 12

Table 11: Summary of Replacement Cost Survey (VND/m2) 14

Table 12: Summary of Compensation and Allowance 16

Table 11: Resettlement Implementation Schedule 18

LIST OF FIGURES

Figure 1: Class V Road Cross Section ............................................................................................ 1


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EXECUTIVE SUMMARY

1. Project. This Resettlement Plan (RP) is developed for the Transport Connection in Northern Mountainous Provinces Project. For Tuyen Quang Province, the Project will improve two roads: Road 187 (12.8 km) and Road 189 (64.6 km). The roads will be upgraded to Class V with a carriageway of 3.5 meters (m) width and an embankment width of 6.5 m.

2. The RP was prepared based on available design during the Project Preparation Technical Assistance (PPTA) During loan implementation, following the completion of detailed design, detailed measurement survey (DMS) will be undertaken to determine the households and organizations who will be affected, actual impacts on their land and assets. Consultation meetings will be undertaken with the affected people. The Updated RP will be disclosed to the affected people, submitted to ADB for review and concurrence. Once the Updated RP has been agreed between ADB and PPC, PPC can commence implementation of the Updated RP.

3. Scope of Resettlement Impacts. Per results of the IOL carried out in August 2010, a total of 2,012 households (HHs) will be affected by the project in which (i) 625 HHs affected with resdential land; 367 HHs with loss of agricultural land; (iii) 607 HHs affected with garden land and, 413 HHs affected with forest land. All households are marginally affected as loss of land is between (1 to 9 %) of their total landholdings. There is no case of relocation.

4. Socio-Economic Conditions. Affected households are mostly Kinh. Tay and Dao ethnic minority groups are also affected. Based on the socio-economic survey, there are 60 households who are classified as poor households while another 14 households are headed by women.

5. Consultation, Information Disclosure and Grievance Redress. In the preparation of this Resettlement Plan, consultation meetings were held, for each of the subproject roads. Representatives of communal leader, village leader, local NGOs and DPs, with 57 participants attended the meeting. A grievance redress mechanism has also been established. The RPs will also be disclosed in all affected communes and a PIB will be distributed to all APs.

6. Government’s Legal Framework, ADB Safeguard Policy Statement, and Project Objectives. The Project’s objectives and principles are based on the laws and regulations of the Government of Viet Nam (GOV) and the ADB’s Safeguard Policy Statement (2009). The overall objective of the policy is to ensure that all people affected by the subproject are able to maintain and, preferably, improve their pre-subproject living standards and income-earning capacity from compensation and life rehabilitation assistance for the loss of movable and immovable assets.

7. Cut-off date. The subproject cut off date was the date of completing inventory of losses, which was August 27th 2010. Hence, all cases arising after this date will not be identified as the project’s DPs.

8. Project Entitlements. The project entitlements developed and presented in the entitlement matrix correspond to the impacts identified during the IOL. Compensation will be based on the principle of replacement cost. Types of assistance will be provided to households based on the severity of impacts and their vulnerability to hardship. It should be noted that the entitlements in the RP can not be downgraded but can be enhanced, as necessary

9. Resettlement Budget. The RP Cost Estimates is VND 29,600,000,000 (1,41 Million USD). Cost of land acquisition, payment for non-land assets, assistance, administration and contingency costs will be funded by the provincial government.

10. Institutional Arrangement. The PPC and District Compensation and Resettlement Board will be responsible in the updating, implementation and monitoring of the resettlement plan. A team of international and national consultants from the Project Coordination Consultant will provide support and guidance on all resettlement-related activities.

11. Implementation Schedule. PPC will submit the Updated RP based on detailed design to ADB for ADB review and concurrence prior to resettlement implementation. Compensation and clearance of land will not commence until the Updated RP has been agreed between the PPCs and ADB and that provisions in the agreed Updated RP has been satisfactorily implemented.


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12. PPC, through PPMU, will not issue a site possession notice to the Works contract to commence construction activities for a specific section, until the head of the district resettlement committee (or board) has officially confirmed in writing that (i) payment and assistance has been fully provided to the affected persons and rehabilitation measures are in place for that specific section as per the respective RP; (ii) already compensated displaced persons for that specific section have been cleared from the area in a timely manner; and (iii) that the specific section of the project is free from any encumbrances.

Table ES-1: Indicative Implementation Schedule

Main Resettlement Plan Activities Implementation Schedule

Preparation of Resettlement Plan (PPTA)

RP Preparation (IOL, consultation, RCS) Sep, 2009, Jul-Aug 2010

Disclosure of Draft RP to Affected People April 11

PPC submission to ADB for review and concurrence April 2011

Uploading of RP on ADB website May 2011

Updating of Resettlement Plan (Loan Implementation)

Establishment of the District Compensation Board July,2012

Land clearance/boundary setting for the Project July,2012

Training for resettlement staff. July,2012

Consultation with the Affected Households July-Aug ,2012

Conduct of Replacement Cost Survey by a Qualified Appraiser July-Aug ,2012

Detailed Measurement Survey. Jul-Aug,2012

Disclosure of Updated RP to the Affected People Aug 2012

Submission of Updated RP to ADB for review and concurrence Sep, 2012

ADB issues concurrence of Updated RP Sep 2012

Award of Civil Works Contract Sep 2012

Implement Updated Resettlement Plan

Compensation payments Oct-Nov 2012

Implement rehabilitation measures Oct-Nov 2012

Clearance of acquired land Dec 2012

DCARB to issue letter of confirmation that RP has been satisfactorily implemented

Dec 2012

PPC, through PPMU, to issue Notice of Site Possession to civil works contractor

Dec 2012

Start of Civil Works Construction Dec 2012- Onwards

Monitoring (from RP updating to civl works construction) July 2011 -onwards

13. Monitoring. Resettlement activities will be monitored by PPC and CARB. The PPMU will provide guidance and advise as required. No external monitoring organization (EMO) wil be hired as the impacts are not significant.


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I. PROJECT DESCRIPTION

A. Background

1. The Asian Development Bank (ADB) is funding the Technical Assistance (TA) of the Transport Connection in Northern Mountainous Provinces Project to help Viet Nam Government implement its poverty reduction and road improvement programs. The project zone includes 06 provinces in the North of Viet Nam, namely: Bac Kan, Cao Bang, Ha Giang, Tuyen Quang, Lao Cai and Yen Bai.

2. These provinces have high rate of poverty and ethnic minority population. The road network consists predominantly of unpaved, narrow roads. Many sections are impassable during the rainy season. Travel time and cost from mountainous remote areas to social infrastructure will be reduced, and the economic activities along the roads will be enhanced.

B. The Tuyen Quang Subproject Description

3. For Tuyen Quang Province, the Project will improve 2 Roads1. The detailed road

description is shown in Table 1.

(i) Provincial Road 187 (Road 0402) of 12.8 km;

(ii) Provicial Road 189 (Road 0403) of 64.6 km and;

The two roads will be upgraded to Class V with a carriageway of 3.5 meters (m) width with an embankment width of 6.5 m. Figure 1 presents a cross-section of Class V.

Figure 1: Class V Road Cross Section

.

1 The initial project scope included 4 roads; however due to the withdrawal of one of the co-financer, the project scope was reduced in March 2011 to 2 roads (roads 187 and 189); road 185 and District road 10 have been removed.


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Table 1: Detailed Road Descriptions


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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Inventory of Losses (IOL)

4. During design implementation, PPTA Consultants in cooperation with Tuyen Quang PPMU, local commune authorities carried out Inventory of Losses (IOL) for all affected land, assets, trees in the project area. The following summarizes the IOL process and related procedures:

(i) Preparation of the IOL for affected assets in the project area in Sep 2009 and updated in August, 2010.

(ii) Conducted community meetings with various stakeholders (medical station, local NGOs and households whose houses are located along the road sides) in order to notify them about the dates and procedures of the IOL.

5. The survey form used for the IOL is presented in Appendix 1. The Minutes of Community Consultation Meetings in Appendix 2 and the list of HHs with their affected land/assets in Appendix 3.

B. Affected Households

6. Per results of the IOL, carried out in August 2010, a total of 2,012 HHss stand to lose part ot their residential, agricultural, garden and forest land and various fixed assets with the construction of the project roads. Among the 2,012 HHs: (i) 625 will be affected through loss of residential land; (ii) 367 affected with agricultural land; (iii) 607 affected with garden land and, 413 affected with forest land, (See Table 2 )

7. All DPs are partially and marginally affected and there is no case of relocation nor loss of shop or business affected.

Table 2. Number of Affected Households

Routes Number of Households

2

Res. Agri. Garden Forest. Total

Provincial Road 187 232 58 153 102 299

Provincial Road 189 393 309 454 311 1,201

Total 625 367 607 413 2,012

Source: IOL, Aug 2010

8. The IOL data on land acquisition are preliminary. A more reliable determination of impacts will be carried out during the DMS. Detailed provision of land/asset impacts are shown below.

C. Affected Land and Non-Land Assets

9. Land. Total land to be acquired is is 460,045 m2. Total affected forest land is 144,586 m2,

accounting for 31.4% of the total land acquisition. Agricultural land, garden land and residential land accounts both for 28.0%, and 12.6% of the total land affected. Table 3 summarizes the results of the IOL concerning affected land.

10. Tenure. In the subproject, all Affected Households (AHs) are legal land users. No AHs are leasing land. Forestry land belongs to both private and public owners. No state forestry company is present in the subproject area and no public land is leased to individual households.

2 An AP might be affected various kinds of land including residential land, agricultural land and forest land, so sum up numbers of the affected household could not equal to actual APs numbers mentioned in Column Total.


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Table 3. Scope of Land Acquisition

Routes Land Area for Acquisition (m

2)

Res. Agri. Garden Forest. Total

Provincial Road 187 18 599 20 470 15 310 35 600 89 979

Provincial Road 189 39 296 108 255 113 529 108 986 370 066

Total 57 895 128 725 128 839 144 586 460 045 Source: IOL, Aug 2010

11. Structures. 162 AHs will have their main house partially affected for a total loss of 670 m2. They could all rebuild/repair on their remaining land. 23 APs will have their shop partially affected . These shops are attached to the houses and will remain viable and will not experience any disruption on business. 82 DPs will have some secondary structures affected for a total loss of 1,340 m

2. Due to

the importance of residential land affected, 42,800 m2 of yard will be affected (Table 4).

Table 4. Houses and Secondary Structures Affected

Routes Structure Affected Quantity

Housing (m2) Secondary Structure (m

2) Yard (m

2)

Provincial Road 187 200 450 2,300

Provincial Road 189 470 890 40,500

Total 670 1,340 42,800


12. Crops and trees. Almost all 2,012 AHs affected through loss of land, will also lose trees/crops: 6,139 timbers, 3,037 fruit-trees and 128,725 m

2 of paddy rice and maize field.

Table 5. Affected Trees and Crops

Routes Classification of Affected Trees and Crop

Fruit Trees Timber Crop (rice and maize) m2

Provincial Road 187 766 1,780 20,470

Provincial Road 189 2,271 4,359 108,255

Total 3,037 6,139 128,725


III. SOCIO-ECONOMIC INFORMATION AND PROFILES

A. Socio-Economic Profile of Subproject Area

13. Tuyen Quang is a mountainous province in the northeast of Vietnam.The national poverty line is established by Ministry of Labour, Invalids and Social Assistance (MOLISA). For the period from 2006 to 2010; the rural poverty line is VND 200,000/person/month while the urban poverty line is VND 260,000/person/month. The incidence of poverty in Tuyen Quang province in 2008 was 38% (new standard).

14. In Tuyen Quang, minority groups make up less than half of the province’s population. The main ethnic groups are the Tay and Nung (4.4%). Kinh accounts for more than half of the total population.


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B. Socio-Economic Profile of Displaced Persons (DPs)

15. The socio-economic survey (SES) was conducted among 8% of the total number of AHss which corresponds to 150 households (644 persons). The respondents, heads of households, stated that they all went to school and reached high school level.

16. Population and Household Size. Among the 644 surveyed HH, there are 323 are males And 321 females. The average HH size is 4.1 persons/HH.

17. Age Distribution. Regarding the age distribution of the surveyed population, there are about

58.1% (374 persons) between 21 and 60 years old; 32.9% (212) above 20 years old and 9.0% (58) are those who are 60 years old and above.

18. Ethnic Groups. Among the 150 surveyed households, 74 (49,3%) belongs to an ethnic group. Along road 189, 95% of the surveyed population belongs to an EM group (mainly Tay) and along road 187 Tay and Dao account for respectively 30% and 12% of the AHs

19. Poor and Vulnerable Households. There are 34 households classified as poor households by the commune following MOLISA poverty criteria. There are no household with disabled persons, invalids, elderly people without support or war heroes (“policy” households).

20. Households headed by women. The SES found eight households headed by women.

21. Income Sources. The main primary source of income of most AHs is agriculture with 86.4% of AHs involved in agriculture production. The main crops planted are rice, maize and peanuts. Additional sources of income are livestock (cows, buffalos), poultry (chicken and ducks) and pig rearing. Forestry, services and income from salary represent 3.1%, 5.6% and 4.9% of the main source of income of AHs. Average income of households is about 1,700,000 VND per month.

22. Houses and Basic Facilities. All surveyed HH own their houses. Most of the houses (69.4%) are built with semi-permanent materials while an important percentage of houses (30.6%) is made of temporary materials. All HHs are connected to the state power network; electricity is used mainly for lightning. Wood or gas are generally used for cooking.

23. Water and Sanitation. Piped water is not available in the Project area. All HH still use water from stream and pond. 28.8% of the surveyed households do not have toilet.

IV. INFORMATION DISCLOSURE, CONSULTATION

24. Disclosure of information and consultations are conducted during preparation and implementation of subprojects to ensure that DPs and other stakeholders have timely information about land acquisition, compensation and resettlement, as well as opportunities to participate in and express their preferences and concerns regarding the resettlement program. The PPTA Social Safeguard Consultants and The Tuyen Quang PPMU with assistance from commune, ward and/or village authorities organized meetings and consultation and disseminated information to ensure that the DPs are well informed and consulted.

A. Consultations

25. Consultation and information dissemination has been an integral component of the RP preparation. During the preparation of this RP, significant information dissemination and consultation with primary stakeholders has been undertaken, through IOL, village level meetings, sample household surveys, and meetings with other key stakeholders.

26. Two Resettlement Workshops, attended by representatives from the 6 PDOTs, were held in Lao Cai on October 27th 2009 and in Hanoi on December 7th 2009. The workshops consisted of the following presentation: Project’s components; ADB Requirements prior to Appraisal and Loan Negotiation; GOV’s laws and procedures on land acquisition; ADB’s policies on Involuntary Resettlement; Project’s Policy Framework and Entitlements; Project Impacts and Entitlements for each type of impact; Proposed Resettlement Strategies; Preparation of Resettlement Plan; Budget Costs and Tentative Implementation Schedule. The workshop also allowed the participants to share


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their opinion and suggestions in order to improve the preparation and implementation of the Resettlement Plan.

27. In the preparation of Resettlement Plan, the PPTA Social Safeguard Consultants, Tuyen Quang PPMU coordinated with the commune local authorities in subproject areas to hold consultation meetings on 26 August 2010 for each of the project roads. Representatives of commune leaders, village leaders, local the meetings. The number of participants is 57 (households and representatives of households). During the IOL survey, all HHs were also informed about the proposed project by the survey team. A project map has also been posted at the commune People's committee billboard, by PPMU and social consultant.

28. The purpose of the meeting was to provide information to and consult with AHs and other stakeholders regarding: (i) project information; (ii) the scope and objectives of the subproject based on preliminary design; (iii) the policies, principles, entitlement and procedures for land acquisition, compensation and resettlement; (iv) implementation schedule and, (iii) preliminary estimates of land acquisition requirements and grievance redress. Appendix 2 presents the minutes of the community consultation Meetings.

29. All participants agreed with the project implementation and the proposed policy for the project. They expect that the project will be implemented soon so that local people have better opportunity in economic and social development for communes in the area. Other discussion on the subproject’s Perceived Benefits and Adverse Effects are provided in Table 8.

Table 6 : Summary of Perceived Benefits and Adverse Effects of Road Project

Benefits Adverse Effects

1. Improved roads will provide safer traffic condition for local people.

2. People will have better access to schools by making roads easier to navigate specially during rainy season. Easier and safer for children to go to school.

3. Better transportation contributes in promoting product exchanges and trading activities and facilitates the movement of products from source to markets.

4. Improved roads and transportation will help improve the standard of living of local people.

5. The people within the project area can earn additional income from jobs in construction work and for providing lodging and food to Contractors and construction workers coming from outside.

6. The people can benefit from livelihood and crop production training, awareness rising which are proposed to be conducted during the project implementation.

1. Number of traffic accidents may increase.

2. Number of social evils may increase. Improved roads will provide easier access for outsiders who may bring with them vices such as drug addiction and prostitution, trafficking of women and children and spread of communicable diseases.

3. Disruption in daily living of people during construction period like their mobility in going to school and market.

4. Households who will be directly affected in terms of their houses and livelihood are concerned that they will not be paid on time nor given assistance for repairing their houses or relocating.

30. In addition, the participants also suggested that they should participate in the project implementation: (i) during the resettlement implementation, the DPs should be informed, consulted prior to compensation implementation, and they should be represented as a member in the District Resettlement Council, which will participate in implementation of DMS, pricing, and payment process; (ii) during the road construction, the Contractor should mobilize local people to work as laborers in construction work and (iii) they are willing to volunteer in Operation and Maintenance (O&M) and Monitoring and Evaluation (M&E) activities, in cooperation with the road owner.

31. During loan implementation, households will continuously be informed and consulted specifically on the project schedule and activities. Results of the DMS, entitlements and value of


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assets will also be disclosed to the DPs. Suggestions from the vulnerable households specific to mitigating impacts or addressing impacts will be carefully taken into account.

32. The updated Resettlement Plan (Draft and approved) should be prepared following the Detailed Design and disseminated to the affected communities and uploaded on the ADB’s website.

B. Information Disclosure

33. RP Preparation. Key information in the draft RP will be disclosed to the DPs through the distribution of public information booklets in Vietnamese language during market days. This will be done prior to submission of draft RP to ADB. The draft RP and the RP agreed between ADB and Government prior to ADB Management Review Meeting will be uploaded on the ADB website.

34. Public Information Booklet. A public information booklet has been prepared (see Annex 5).

V. GRIEVANCE REDRESS MECHANISM

35. Grievances related to any aspect of the Project will be handled through negotiation aimed at achieving consensus. Complaints will pass through 3 stages before they could be elevated to a court of law as a last resort.

36. First Stage, Commune People’s Committee. An aggrieved affected household may bring his/her complaint before any member of the Commune People’s Committee, either through the Village Chief or directly to the CPC, in writing or verbally. It is incumbent upon said member of CPC or the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 30-45 days following the lodging of the complaint to resolve it (Note: in remote and mountainous areas, the complaint should be resolved within 45-60 days. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles.

37. Upon issuance of decision of CPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the DPC.

38. Second Stage, District People’s Committee. Upon receipt of complaint from the household, the DPC will have 30-45 days (or 45-60 days if it is in remote or mountainous areas) following the lodging of the complaint to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles.

39. Upon issuance of decision of DPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the PPC.

40. Third Stage, Provincial People’s Committee. Upon receipt of complaint from the household, the PPC will have 30-45 days (or 45-60 days if it is in remote or mountainous areas) following the lodging of the complaint to resolve the case. The PPC is responsible for documenting and keeping file of all complaints that reaches the same.

41. Upon issuance of decision of PPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the court within 45 days. PPC will then deposit the compensation payment in an escrow account.

42. Final Stage, the Court of Law Arbitrates. Should the complainant file his/her case to the court and the court rule in favor of the complainant, then PMU-MT will have to increase the compensation at a level to be decided by the court. In case the court will rule in favor of PPC, then the amount deposited with the court is what the complainant will receive.

43. The DPs will be provided with support and assistance by local based organizations, in case they have limited capacity in case they have questions or complaints.

44. If efforts to resolve complaints or disputes are still unresolved and unsatisfactory following the project’s grievance redress mechanism, the households have the right to send their concerns or problems directly to ADB’s Operations Department, i.e., Transport and Communications Division,


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Southeast Asia Department (SERD) or through ADB Viet Nam Resident Mission. If the households are still not satisfied with the responses of SERD, they can directly contact the ADB's Office of the Special Project Facilitator (OSPF) as outlined in the "Information Guide to the Consultation Phase of the ADB Accountability Mechanism" (Appendix 4).

3

VI. POLICY FRAMEWORK AND ENTITLEMENTS

A. Legal Framework

45. The Resettlement Legal Framework and Entitlements for the Project have been built upon the laws of the Government of Viet Nam and the ADB's Policy on Involuntary Resettlement (2006)

4 plus

Safeguard Policy Statement – ADB (2009). However, provisions and principles adopted in the Resettlement Legal Framework for the project supersede the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists. The overall objective of the policy is to ensure that all people affected by the subproject are able to maintain and, preferably, improve their pre-subproject living standards and income-earning capacity from compensation and life rehabilitation assistance for the loss of movable and immovable assets.

46. The policy is based on the laws and regulations of the Government of Viet Nam (GOV) and the ADB. The principal Vietnamese laws and regulations include:

The 2003 Land Law dated 26 November 2003;

Decree 181/2004/ND-CP dated 29/10/2004of the Government guiding the execution of amended land law 2003;

Decree 197/2004/ND-CP date 03/12/2004 of the Government on compensation, assistance and resettlement in the event of land recovery by the State;

Decree No. 188/2004/ND-CP dated November 16, 2004 of the Government on methods of determining land prices and land prices framework;

Circular No. 114/2004/TT-BTC dated November 16, 2004 of Ministry of Finance guiding the implementation of Decree No. 188/2004/ND-CP of the Government;

Decree No. 17/2006/ND-CP dated January 27, 2006 of the Government amending and supplementing some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on the transfer state-owned companies into joint stock companies.

Decree No. 84/2007/ND-CP dated May 25, 2007 of the Government on additional regulations on the granting of land use right certificates, land acquisition, implementation of land use rights, compensation order and procedure, resettlement when the State recovers land and settle claims about land;

Decree No. 123/2007/ND-CP dated 27 July 2007 amending and supplementing some articles of Decree No. 188/2004/ND-CP dated 16 November 2004 on methods of determining land prices and frame land prices;

Decree 69/2009/ND-CP dated August 13, 2009 of the Government of Vietnam regulating additional planning of land use plan, land prices, land acquisition, compensation, assistance and resettlement;

Circular 14/2009/TT - BTNMT dated January 10, 2009 by MONRE regulating compensation, assistance and resettlement procedures and land acquisition, land allocation, land lease in details;

Decision No. 16/2009/QD-UBND dated October 21th, 2009 of Tuyen Quang Province People's Committee promulgating the compensation policy, assistance and resettlement when the State recovers land in the province of Tuyen Quang;

3 The information guide is also available on the ADB’s website: http://adb.org/SPF/default.asp .

4 OM – F2/BP Asian Development Bank, Involuntary Resettlement, Manila, 2006; also, Asian Development Bank,

Handbook on Resettlement: a Guide to Good Practice, 1998.

http://adb.org/SPF/default.asp


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Decision No. 24/2009/QD-UBND dated 21/12/2009 of the Tuyen Quang PPC promulgating the table of land prices in the Tuyen Quang province in year 2010.

B. Reconciliation of Government and ADB Policy on Resettlement

47. With the promulgation of Decree 197/2004/ND/CP (3/12/2004) and Decree 69/2009/ND-CP and relevant decrees stated above, the policies and practices of the Government have become more consistent with ADB’s social safeguards policies. Nonetheless, provisions and principles adopted in this Resettlement Plan will supersede the provisions of the relevant decrees currently in force in Viet Nam wherever a gap exists, as provided for under Decree 131/2006/ND-CP (November 2006), which regulates the management and use of official development assistance.

48. It should also be noted that as per Decree 69/2009, Article 23, it states "Apart from the support prescribed in Articles 18, 19, 20, 21 and 22 of this Decree, basing themselves on the local realities, the provincial-level People’s Committee shall decide on other supporting measures to stabilize life and production of persons who have land recovered; special cases shall be submitted to the Prime Minister for decision”, therefore, if additional gaps not mentioned below are found during RP updating, the required assistance or support will be included in the Updated RP.

49. The differences between the Government’s Laws and Decrees and ADB Policy with regard to resettlement and compensation, and how to address these gaps for this Project are shown in the table below.

Table 7: Gaps Between National Laws and ADB Policy

Key Issues National Laws ADB Policy Project Policy

Definition of Vulnerable groups

Vulnerable households are those households living below the poverty line as set by MOLISA and social policy households who receive special cash allowances from the Government. These households have household members who are invalids, who have heroic mothers, martyrs, and those who made contribution to the revolution.

Vulnerable groups those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples.

(i) female headed households with dependents (ii) households with disabled persons, (iii) households falling under the current MOLISA benchmark poverty line, (iv) children and elderly households who are with no other means of support, (v) landless households, and (vi) non-integrated and vulnerable ethnic minorities; and (vii) social policy households as defined by the Government

Provision of Assistance to Economically Displaced Households.

Decree 197/2004 (as amended by Decree 69/2009) states that affected households losing 30% or more of their productive land will be provided assistance.

However, Article 23 of Decree 69/2009 also states that based on actual conditions at the local area, PPC shall determine other assistance methods to ensure accommodation and life stabilization.

It also states that households who are directly involved in agricultural

Provide economically displaced persons with needed assistance.

Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards.

Focus on strategies to avoid further impoverishment and create new opportunities to improve status of the poor

Households who lose less than 30% of their agricultural land who are determined to depend heavily in agriculture for their livelihood will be provided with additional assistance similar to those losing 30% or more of their land.

Specific measures will be provided to ensure that all vulnerable groups are assisted to improve or at least restore living standards to pre-project levels and in a manner that is culturally sensitive and


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production and derive their major income from the land that are to be acquired by the Government, PPC shall consider the assistance level on a case by case basis based on actual conditions.

Decree 17, 2006 also states that In any case where any household or individual from whom land is recovered has a living standard which is classifies either as a poor household according to criteria set for poor households by MOLISA, they must be assisted to overcome the poverty. The actual amount and time of assistance will be decided by the People’s Committee of a province or city under Central control but it must not be less than 3 years and must not exceed 10 years counting from the day of completion of land recovery.

and vulnerable people.

appropriate.

Non-titled users

Clause 2 of Article 23, Decree 69/2009, the Peoples’ Committees of the provinces or centrally-run cities shall consider providing such support on case-by-case basis.

Non-titled housheolds, including displaced tenants, sharecroppers and squatters, are not entitled to compensation for land but are entitled to payment for non-land assets and assistance to restore their pre-project living standards. If they are poor and vulnerable, appropriate assistance must be provided to help them improve their socio-economic status.

Poor and vulnerable non-titled users will be provided appropriate assistance to help them improve their socio-economic status. The type of assistance will be identified during RP updating as per consultation with households.

Unregistered

businesses

Compensate and support

only registered

manufacturing and business

enterprise or households

Promptly compensate all

economically displaced

persons for the loss of

income or livelihood

sources at full replacement

cost, and assist through

credit facilities, training and

employment opportunities.

Assist displaced

persons/households who

do not fall under registered

business by providing

assistance in cash or in-

kind during transition

period.

Houses and structures

Decree 197/2004, Articles 18-20: Houses and structures constructed prior to land use plans or the right of way announcements will

Structure to be compensated 100% of replacement cost, without depreciation and regardless of status of the

Houses and other structures on land without sufficient conditions for compensation that were constructed prior to the


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be assisted at 80% of replacement cost.

DP on the land as long as structure was put prior to the cut-off date

decision on land recovery (cut-off date) will be compensated 80% of new construction price.

Plus: cash assistance amounting to 20% of new construction price if at the time of construction there is no clear or proper announcement of land use plan or ROW.

Entity that

conducts the

valuation of

acquired

assets

Provincial and cities people’s

committee under central

authority will establish

specific land prices based on

the principles stated in

clause 1, Article 56, Land

Law.

Qualified organizations may

provide consultancy on land

prices (Article 57, Land Law)

Qualified and experienced

experts will undertake the

valuation of acquired

assets

Qualified and experienced

experts will be engaged to

conduct replacement cost

surveys for the project

which will be used as input

by the District

Compensation Boards

under the District People’s

Committee for determining

compensation amounts.

VII. ENTITLEMENT, ASSISTANCE AND BENEFITS

A. Objectives

50. The overall objectives of the resettlement policy for this RP are (i) to minimize, if not avoidable, resettlement impacts; (ii) if impacts are unavoidable, RP is prepared in a way to ensure that DPs are not worse off; rather, they should be able to at least maintain or otherwise improve their pre-project living standards and income-earning capacity. Principles adopted for this Project, irrelevant to current situation but might be relevant in the future in case there will be major changes in alignment designs, are presented below:

a. Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options.

b. Compensation will be based on the principle of replacement cost at the time of compensation. c. Displaced persons without title or any recognizable legal rights to land are eligible for

resettlement assistance and compensation for non-land assets at replacement cost. d. Residential land, residential house and agricultural land for replacement should be close to

the previous places as much as possible and be suitable to displaced persons. e. Meaningful consultation will be carried out with the affected households and concerned

groups and ensure participation from planning up to implementation. The comments and suggestions of the DPs and communities will be taken into account.

f. The RP will be disclosed to DPs in a form and language(s) understandable to them prior to submission to ADB.

g. Resettlement identification, planning and management will ensure that gender concerns are incorporated.

h. Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line.

i. Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved.

j. Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project.

k. Resettlement transition stage should be minimized. Restoration measures will be provided to displaced persons before the expected starting date of construction in the specific location.


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l. Budget for payment of compensation, resettlement and support will be prepared sufficiently and made available during project implementation. Sites for resettlement and restoration will be available as required.

m. Reporting and monitoring will be defined clearly as part of the management system of resettlement. Independent assessment of the duration and results of the land recovery should be carried out.

n. PPC, through PPMU, will not issue notice of possession to contractors until CARB has officially confirmed in writing that (i) payment has been fully disbursed to the displaced persons and rehabilitation measures are in place as per Updated RP agreed between PPC and ADB; (ii) already-compensated displaced persons have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. No land recovery or site clearing will be done until and after the Updated RP has been agreed between PPC and ADB and the provisions in the Updated RP have been implemented satisfactorily.

B. Project Entitlements

51. The project entitlements (i.e. compensation and support) developed and presented in the entitlement matrix below correspond to the impacts identified during the IOL. It should be noted that these entitlements may be enhanced, as necessary, following the conduct of DMS and consultation with DPs. Entitlements adopted are based on government policies and decisions and ADB policies. Entitled persons are those who satisfy the cut-off-date.

Table 8: Entitlement Matrix of the Project

Impact/ Loss and Application(*)

Eligible Persons Entitlements Implementation Issues

Loss of Productive

Land (paddy,

garden, forest land)

Households or persons

with

(i) LURC; or (ii) in the

process of acquiring

LURC (iii) are eligible to

acquire LURC according

to the regulations of

GoV; and (iv) covered

by customary rights,

such as members of

ethnic minority groups.

Cash compensation at

replacement cost which is

equivalent to current market

price and free from transaction

costs (e.g., taxes, certification,

administration costs).

Cash assistance equivalent to 2

times of the current market

price of agricultural land.

If agricultural land is within the

residential area, cash

assistance amounting to 20% to

50% of current market price of

adjacent residential land.

DPs who lose 30% or more of

their agricultural land will be

provided with additional

assistance.

DPs who lose less than 30% of

their agricultural land who are

determined to depend heavily in

agriculture for their livelihood

and whose land is below the

minimum land quota in the

commune will also be provided

with additional assistance

similar to those losing 30% or

more of their agricultural land.

Land Users who have

no formal legal rights

nor recognized or

recognizable claims to

such land.

No compensation for public

land and land allocated by GoV/

local authorities to institutions

or individual DP, but full

replacement cost for non-land

assets and investment on land

to land user.

Loss of Residential

Land


with (i) LURC; or (ii) in

the process of acquiring






such as members of




equivalent to current market

price and free from transaction

costs (e.g., taxes, certification,

administration costs).


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Impact/ Loss and Application(*)

Eligible Persons Entitlements Implementation Issues

Land Users who have

no formal legal rights

nor recognized or

recognizable claims to

such land.

No compensation for public

land and land allocated by GoV/

local authorities to institutions

or individual DP, but full

replacement cost for non-land

assets and investment on land

to land user.

Loss of Houses

and Secondary

Structures

Owners with or without

acceptable proof of

rights over the land; with

or without building

permit.



equivalent to the current market

value of a newly built structure

and with no depreciation or

deduction for salvageable

materials.

Impacts on Crops,

Trees and

Aquaculture

Products

Owners regardless of

land tenure status

Annual crops and aquaculture

products equivalent to current

market value of

crops/aquaculture products at

the time of compensation;

For perennial crops trees, cash

compensation at replacement

cost equivalent to current

market value given the type,

age and productive value

(future production) at the time of

compensation.

Timber trees based on diameter

at breast height at current

market value.

Impacts on Public

Facilities,

Communal Owned

Assets and

Collective Assets

Owners of assets Cash compensation to cover

the cost of restoring the

facilities or assets

OR

In-kind compensation (such as

PPMU to replace materials

and/or provide labor).

To be agreed between PPMU

and owner during RP updating

Temporary Impacts

During

Construction


with (i) LURC; or (ii) in

the process of acquiring






such as members of


For Non-Land Assets,

regardless of tenure

status.

Land. For the portion to be

used temporarily during

construction: (i) rental in cash

which will be no less than the

net income that would have

been derived from the affected

property during disruption; (ii)

restoration of the land within 3

months after use.

For non land assets, payment

will be based on replacement

cost as indicated above.


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VIII. RESETTLEMENT BUDGET AND FINANCING PLAN

A. Source of Resettlement Funds

52. All land acquisition, compensation and resettlement costs of the subproject are taken from provincial counterpart funds of Tuyen Quang province. Impacts on trees, crops and assets are compensated by source of the ADB loan.

B. Replacement Cost Survey

53. All compensation will be based on the principle of replacement cost. Replacement cost is the amount calculated before displacement which is needed to replace an affected asset without deduction for taxes and/or transaction costs.

54. A Replacement Cost Survey has been prepared to assess if the compensation rates issued by the Tuyen Quang People’s Committee corresponds to replacement costs. The survey took place in the middle of August 2010.

55. The market rates have been determined through desk study and field survey. Information about price was mainly collected through direct interviewees with affected and non affected households, especially households Affected households were prioritized for the selection of sample for the survey. However, to have objective results, non affected households who have similar characteristics (similar location and assets) were also selected for the survey.

56. Households who have recently bought land and built structure on this land were also prioritized. In addition, information was also collected from various provincial departments and commune, district and other stakeholders.

57. The results of this replacement cost survey are summarized in Table 11. The market prices identified through this survey will be used in the costs estimates.

58. During the replacement cost survey there was no transaction in the project area for agricultural land. Therefore, the PPC rate for agricultural land has been used for costs estimates. We should note that, in addition to the PPC compensation rate, farmers will receive an allowance equivalent to 2 times this compensation rate for the loss of their agricultural land.

Table 9: Summary of Replacement Cost Survey (VND/m2)

No Items State Issued Price (VND)

Market Price (VND)

Proposed Price (VND)

A LAND

1 Residential Land (m2)

Provincial Road 187 55,200 80,000 70,000

Provincial Road 189 72,000 120,000 100,000

2 Agricultural Land (m2) 24,000

No recent land transaction

24,000

3 Forest Land (m2) 10,000 12,500- 12,500

4 Garden Land (m2) 30,000 45,000 45,000

B STRUCTURE

1 House (m2) 120,000 160,000 160,000

2 Secondary structures (m2) 60,000 80,000 80,000

3 Yard (m2) 50,000 60,000 60,000

C TREE AND CROPS

1 Timber (each) 10,000 20,000 20,000

2 Fruit Tree (each) 200,000 250,000 250,000

3 Paddy (Rice) (m2) 5,000 5,000 5,000


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C. Resettlement Costs

59. Table 12 summarizes the subproject resettlement costs including (i) compensation for land acquired permanently or temporarily; (ii) compensation for structures, crops and trees; (iii) allowances; and (iv) implementation and contingency costs.

60. Expenses for compensation and assistance for Tuyen Quang subproject is estimated at VND 29,564,000,000 equivalent to USD 1.414 million.


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Table 10: Summary of Compensation and Allowance

No Items Road 187

Unit Price (VND)

Road 189

Unit Price (VND)

Road 187 Road 189 Total

Amount (VND)

I COMPENSATION & ASSISTANCES

A LAND 2 935 348 000 13 211 300 000 16 146 648 000

1 Residential Land (m2) 18 599 70 000 38 521 100 000 1 301 930 000 3 852 100 000 5 154 030 000

2 Agricultural Land 20 470 24 000 102 320 24 000 499 468 000 3 069 600 000 3 569 068 000

3 Forest Land 35 600 12 500 107 348 12 500 445 000 000 1 341 850 000 1 786 850 000

4 Garden Land 15 310 45 000 109 950 45 000 688 950 000 4 947 750 000 5 636 700 000

B STRUCTURE 206 000 000 2 414 720 000 2 620 720 000

1 House (m2) 200 160 000 422 160 000 32 000 000 67 520 000 99 520 000

2 Secondary Structures (m2) 450 80 000 729 80 000 36 000 000 58 320 000 94 320 000

3 Yard (m2) 2 300 60 000 38 148 60 000 138 000 000 2 288 880 000 2 426 880 000

C TREE AND CROPS 329 325 000 1 166 433 800 1 495 758 800

1 Timber (tree) 1 780 20 000 4 359 20 000 35 600 000 87 188 800 122 788 800

2 Fruit Tree (tree) 766 250 000 2 271 250 000 191 375 000 567 645 000 759 020 000

3 Crop/ paddy rice (m2) 20 470 5 000 102 320 5 000 102 350 000 511 600 000 613 950 000

Sub-total (I) 3 470 673 000 16 792 453 800 20 263 126 800

II ALLOWANCES -

1 Allowance for career change (2 times the comp. rate for agricultural land) 20 470 48 800 102 320 60 000 1 228 200 000 6 139 200 000 7 367 400 000

Sub-total (II) 1 228 200 000 6 139 200 000 7 367 400 000

III MANAGEMENT COST -

1 Administration (2%) 93 977 460 458 633 076 552 610 536

2 Contingency (5%) 234 943 650 1 146 582 690 1 381 526 340

Sub-total (III) 328 921 110 1 605 215 766 1 934 136 876

TOTAL (I+II+III) 5 027 794 110 24 536 869 566 29 564 663 676

USD 240 564 1 174 013 1 414 577


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61. Once the Updated RP is acceptable to ADB, compensation payment can commence. During payment, the PPMU and local authorities will require the presence of both husband and wife to receive payment and sign payment documents. Before handing over of payments to the DPs, breakdown of compensation will be explained in detail using local language.

IX. INSTITUTIONAL ARRANGEMENTS

A. Tuyen Quang Provincial People Committee

62. The Tuyen Quang Provincial People’s Committee, is responsible for the following:

a) Review and approve the RP (and its update) prepared for the Project

b) Direct its relevant departments such as Departments of finance, construction, agriculture and rural development, transport and environment to help in the preparation, updating, and implementation of the RP.

c) Approve the unit rates submitted by CARB to enable CARB in finalizing the compensation plans.

d) Approve the compensation plan and overall RP budget which will be reviewed and submitted by the DOF

e) Settle complaints and outstanding issues.

B. Provincial Project Management Unit (PPMU) of PDOT

63. The responsibilities of the PPMUs under PDOTs are to:

a) Participate as a member of district resettlement committee;

a) Integrate construction, land acquisition and resettlement, indigenous peoples development plan and gender mainstreaming activities;

b) Establish proper PDP databases for each road sections;

c) Participation in the compensation payment to affected households;

d) Regularly liaise with the concerned RDC and PRC regarding the list of PDPs, compensation payments and grievance resolution; and

e) Submit regular progress reports to PDOT and SC on civil works, construction and RP activities.

C. District Compensation and Resettlement Board

64. The responsibilities of the District Resettlement Committee are to:

a) Carry out consultation and dissemination of information on the RP;

b) Organize, plan and carry out land acquisition, compensation, assistance and other resettlement activities in the district as per agreed RP

c) Conduct the DMS and prepare compensation plans for DPs and submit them to PPC for review

d) Carry out replacement cost survey to ensure that payments to the DPs are at replacement cost. Update rates on a a regular basis.

e) Conduct consultation and participation activities, and coordination with various stakeholders in updating and implementing the RP.

f) Pay compensation and allowances, to DPs after Updated RP has been agreed between PPC and ADB. Ensure the timely delivery of payments of compensation, assistance and other entitlements to DPs; and

g) Assist in the resolution of grievances at the district level.

h) Report on a quarterly basis on the progress of RP updating and implementation.

i) Report on impacts caused during construction.


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D. Commune Peoples Committee

65. The CPC will assist the CARB in their resettlement tasks. Specifically, the CPC will be responsible for the following: (i) participate in the updating and implementation of RP; identify potential replacement land for affected households; (iii) ensure that vulnerable and severely affected households are properly consulted and that the concerns and grievances of these households are heard, recorded and addressed in a timely manner; (iv) certify DMS and payments made to affected households; and (v) assist in the resolution of grievances.

X. IMPLEMENTATION SCHEDULE

66. The implementation schedule for resettlement activities for the subproject is presented in the following table including (i) activities that have been completed to prepare the RP; (ii) resettlement implementation activities; and, (iii) monitoring activities.

Table 11: Resettlement Implementation Schedule

Main Resettlement Plan Activities Implementation Schedule

Preparation of Resettlement Plan (PPTA)

RP Preparation (IOL, consultation, RCS) Sep, 2009, Jul-Aug 2010

Disclosure of Draft RP to Affected People April 11

PPC submission to ADB for review and concurrence April 2011

Uploading of RP on ADB website May 2011

Updating of Resettlement Plan (Loan Implementation)

Establishment of the District Compensation Board July,2012

Land clearance/boundary setting for the Project July,2012

Training for resettlement staff. July,2012

Consultation with the Affected Households July-Aug ,2012

Conduct of Replacement Cost Survey by a Qualified Appraiser July-Aug ,2012

Detailed Measurement Survey. Jul-Aug,2012

Disclosure of Updated RP to the Affected People Aug 2012

Submission of Updated RP to ADB for review and concurrence Sep, 2012

ADB issues concurrence of Updated RP Sep 2012

Award of Civil Works Contract Sep 2012

Implement Updated Resettlement Plan

Compensation payments Oct-Nov 2012

Implement rehabilitation measures Oct-Nov 2012

Clearance of acquired land Dec 2012

DCARB to issue letter of confirmation that RP has been satisfactorily implemented

Dec 2012

PPC, through PPMU, to issue Notice of Site Possession to civil works contractor

Dec 2012

Start of Civil Works Construction Dec 2012- Onwards

Monitoring (from RP updating to civl works construction) July 2011 -onwards


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XI. MONITORING AND REPORTING

67. For the subproject, PPMU and CARB will collaborate to carry out internal monitoring of resettlement planning and implementation activities. The scope of internal monitoring will cover an assessment of: (i) compliance with the agreement resettlement policies and procedures and (ii) the availability and efficient use of personnel, material and financial resources; and, identifies the need for (iii) remedial actions to correct any problems that arise. An external monitor will not be engaged as impacts are not significant.

68. The CARB will prepare quarterly progress reports on the resettlement activities and submits it to PPMU. The report includes information on key monitoring indicators, namely:

(i) Displaced persons and compensation: the number of DPs by category of impact; the status of delivery of compensation and subsistence, moving and other allowances.

(ii) Status of rehabilitation and income restoration activities: The number of DPs severely affected by a) loss of productive assets and/or b) displacement; the number of vulnerable DPs; the status of relocation of displaced DPs; the status of technical and other assistance for income restoration.

(iii) Information disclosure and consultation: number and scope of public meetings and/or consultations with DPs; status of notifications to DPs; summary of DP needs, preference and concerns raised during meetings and consultations.

(iv) Complaints and grievances: summary of types of complaints received; steps taken to resolve them; outcomes; and, any outstanding issues requiring further management by district or provincial authorities or ADB assistance.

(v) Financial management: the amount of funds allocated for compensation, operations and other activities; the amount of funds disbursed for each.

(vi) Resettlement schedule: completed activities as per schedule; delays and deviances, including reasons; revised resettlement schedule.

(vii) Coordination of resettlement activities with award of contract for civil works: status of completion of resettlement activities and projected date for award of civil works contracts.

(viii) Implementation problems: problems that have arisen, reasons and proposed strategies to remedy; outstanding issues.

69. Upon receipt of monthly reports, the PPMU consults with CARB to clarify and/or resolve any outstanding issues. On a quarterly basis, the PPMU collates the monthly progress reports for all subprojects in the province, and submits a report to the SC. In turn, the SC prepares a Project monitoring report to be submitted to ADB.


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APPENDIX 1: IOL FORM

Owner (HH head): ____________________________ HH code ______________

Hamlet: ___________________ Commune : _________________ District: _________________

Sub-project: ________________________

Affected assets of HH: Residential land: □ Garden land: □ Agriculture land: □ Aquaculture land: □ : □ Structure: □ Trees: □ Crops: □

1. SOCIO-ECONOMIC INFORMATION

1.1 Household’s Information

Type of HH: poor HH: □ Policy HH: □ Female-Headed HH : □ Ethnic HH: □

No of HH members: .......... ; of which ....... male, ........ female

Education level of HH head (specify): .............; Age of HH head: ......................; Job of HH head:…………………; HH head ethnic:………….;

Number of children in school age:…………; Number of children quit going to school:………………; Reasons for quitting:…………………………

Date moving to current location:…………………………….

Inhabitants status:……………………………….

1. 2. Economic Information of Household

1.2.1 Status of Land Use

Type of land Area of land (m2)

1. Residential land

2 Garden land

3. Agriculture land

4. Aquaculture land

5. Forestry land

1.2.2 Income sources of household

Income source Main source Secondary source

1. Planting

2. Breeding

3. Fishery

4. Business

5. Handicraft

6. Services

7. Salary

8. Hired labor

9. Others (specify)

In which, Income of Male:………………., of Female……………………….

Who is in charge of spending decision: Husband Wife Both

1.2.2. Income sources of household


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1 Water sources for drinking/ cooking:……. 1- Rain water 5- Buy 2- Dig well 6- Public tap-water 3- Dig well/drill well 7- Tap water 4- Canals, rivers, pools 8- Others

2 Water sources for cleaning: …………..

3 Health: ………… 1- 2 composite latrine 3- Public toilet 2- Septic tank 4- No toilet

4 Energy- Lighting: ………….. 1- State electric system 6- Coal 2- Electric Generator 7- Gas 3- Battery 8- No 4- Petroleum 9 - Others 5- Wood

5 Energy - Cooking: ………….

2 DETAILED MEASUREMENT SURVEY (IOL)

2.1 Land

Type of land

Category of land

Total area of land available (m

2)

Legality of land

(specify)

Land acquired by the Project (m

2)

permanently temporarily

1

2

3

4

5

6

Notes:

1. Type of land: Residential land (urban, rural), garden land, cultivation land, land for aquaculture, forest land, etc.

2. Category of land: Classify only for agricultural land (category 1 to 6), and land for aquaculture.

3. Legality: Specify clearly the situation of land use of household such as hold / did not held the Land Use Right Certificate, waiting for LURC, land user is eligible under the Land Law, rental land, land allocated temporarily, encroached land, disputed land, etc.

4. Land acquired permanently: Land should be acquired by the Project for construction and will be not returned back to the affected people.

5. Land acquired temporarily: Land should be acquired by the Project during the construction, using for widening the construction access road for material transportation, material storage, worker’s house, etc and it will be returned back to land owners.

2.2 Principal Structure – House and/or shop

Type of house,

structure

Purpose of use

Total area (m

2)

Area demolished

(m2)

Description

Additional notes if necessary:

_____________________________________________________________________________

_____________________________________________________________________________


Resettlement Plan


2.3 Other structures and assets

Type of structure and assets Unit Quantity

1

2

3

4

5

6

7

8

Additional notes if necessary:

_____________________________________________________________________________

_____________________________________________________________________________

2.4 Trees and crops

Kind of trees and crops Unit Description/productivity Note

1 Group 1

2 Group

3 Group

4 Group

5 Group

6 Group

7

Group 1: Longan, Coconut, Mango, Star Apple, Group 2: Orange, Mandarin, Grape fruit, Custard-Apple, Guava Group 3: Cashew, Pepper, Coffee, Dragon fruit Group 5: Pine apple, Sugar cane Group 6: Eucalyptus, Bamboo, Others

2.5. Business and income losses

DPs have affected businesses

Business

type

Business status No. of employees Monthly Profit (VND) Registration No-registration Long-term Short term

1

2

3

Business type: 1- Small store/kiosk 4- Gas Station, garage 2- Retail Shop 5- Warehouse, Industrial factory 3- Services (hair dressing) 6- Others:……………………………

3. RELOCATION OPTIONS OF DP (for permanent relocating DPs only)

● Individual relocate in other place: □

● Willing to relocate in the resettlement site: □

● Do not know where to move: □


Resettlement Plan


12. Sketch

Sketch location of house, structures affected by the Project

To the North (approx.)

Stick picture of affected house

N

Note: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Resettlement Plan


4. Trees, Crops

Type of trees, crops Unit Quantity Note

1

2

3

4

5

6

7

8

9

10

11

12

13

Signature of HH Head Representative of PPMU

(Sign & seal)

Representative of CPC

(Sign & seal)

Representative of IOL Team

(Sign & seal)


Resettlement Plan


APPENDIX 2: MINUTES OF COMMUNITY CONSULTATION MEETING


Resettlement Plan


APPENDIX 3: LIST OF APS AND AFFECTED ASSETS


Resettlement Plan


APPENDIX 4: ADB ACCOUNTABILITY MECHANISM


Resettlement Plan


APPENDIX 5: Project Information Booklet

The Transport Connection in Northern Mountainous Provinces Project is part of the effort of the Government of Vietnam (GOV) with joint funding from the Asian Development Bank (ADB) to improve the land transportation network as a means of reducing poverty.

The proposed Project covers 06 provinces in the North of Viet Nam, namely: Bac Kan, Cao Bang, Ha Giang, Tuyen Quang, Lao Cai and Yen Bai.

In Tuyen Quang Province, the Project will improve 2 Roads including: (i) Provincial Road 187 (Chiem Hoa District) of 12.8 km and (ii) Provincial Road 189 (Ham Yen District) of 64.6 km. The roads will be paved and widen.

The PPMU of the Tuyen Quang Department of Transport is the Executing Agency for this Project. The construction of the road is expected in 2013.

Why is this Project necessary to implement?

The project aims to reduce poverty in rural areas, improve economic situation and productivity in agriculture.

The road density in the project area is quite low in comparison with other regions of the country. Most of the roads are in poor condition.

There is a link between poverty and lack of infrastructure in rural areas of Viet Nam, especially in the mountainous province areas where many ethnic minority groups settle.

What will be the impacts?

Because the proposed roads will be constructed based on existing routes and existing Right-of way (RoW), the road widening will be limited. It is estimated that a total 2,012 APs will be affected by the project. All APs are marginally affected and there is no case of relocation and/or loss of shop or business. Who are the affected persons (APs)?

. Entitled APs are those persons who will have been surveyed during the inventory of losses survey and will be verified during detailed measurement survey. Persons who encroach into the area after the cut-off-date

will not be entitled to compensation or any other form of resettlement assistance

What are the resettlement policies and principles of the Project? The basic resettlement principles of the Project are:

a) All APs are entitled to be compensated for their lost assets (e.g., land, structure, crop, trees), incomes and businesses at replacement cost, and will be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-Project living standards, incomes and productive capacity if necessary.

b) Lack of legal rights to the assets lost, will not automatically prevent APs from entitlement to compensation.

c) Payment of compensation for affected assets will be completed prior to commencement of any construction activities.

When will the Detailed Measurement Survey be conducted?

This activity is expected to be carried out at in 2012, and will be led by a detailed measurement survey team composed of Project representatives (PPMU staff) and the Resettlement Committees of each affected district.

The survey will only be carried out in the presence of the APs, and APs will be given sufficient advance notice prior to conducting the survey.

Each AP will be asked to assist in completing the Detailed Measurement Survey Form for their household. This form will identify all the losses that the household will experience from the Project, and will be the basis for the compensation package for them. The AP will then be given the AP Compensation Form, which summarizes the losses and the total amount of compensation. The household can review this form for 7 days, and if they agree with the details, the head of the household will be asked to sign the form.

How are the constructions impacts supervised and monitored?


Resettlement Plan


PPMU will monitor the contractor during construction work. Any disturbances to the lives of people along the pipeline will be recorded and issues reported to PPMU for resolution within 7 days.

If there are disagreements or problems arising during the Project such as compensation or general project-related disputes, do I have the right to complain?

Any AP may file a complaint or grievance. The Project includes a Grievance Redressal Process and APs may present their complaints to the concerned local administrative officials and RCs, either verbally or in writing.

The complaint can be filed first at the commune level and can be elevated to the highest provincial level if the APs are not satisfied with the decisions made by the commune or district. APs will be exempted from all taxes and administrative and legal fees associated with filing and resolving the dispute.

If efforts to resolve complaints or disputes are still unresolved and unsatisfactory following the project’s grievance redress mechanism, the households have the right to send their concerns or problems directly Operations Department of the Asian Development Bank - Transport and Communications Division, Southeast Asia Department (SERD) or through ADB Viet Nam Resident Mission. If the households are still not satisfied with the responses of SERD, they can directly contact the ADB's Office of the Special Project Facilitator (OSPF) . (www.adb.org)

Anybody living in the construction site who is affected by the construction or annoyed by the contractors, of anybody who has questions or concerns about the Project, can contact PPMU at the following address:

Mr XXXX PPMU xxxxxxxxxx

# Tuyen Quang City, Tuyen Quang Province Telephone number: ()

Documents

Resettlement Plan Tuyen Quang Province · PPTA 7245-VIE: Transport Connection in Northern Mountainous Provinces Project Resettlement Plan Tuyen Quang Province Page iii …