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

RP299 V11 QUANG NAM DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT FISHERY PROJECT MANAGEMENT OFFICE ========================== N AT U R A L D I S A S T E R M I T I G AT I O N P R O J E C T ( W B ) (Cr 4114VN) RESETTLEMENT ACTION PLAN An Hoa Sea Harbor For Boat Safety Subproject Quang Nam Province Quang Nam, August 2008 Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District Table of Contents ABBREVIATION DEFINITION OF TERMS I PROJECT INTRODUCTION 6 II SCOPE OF LAND ACQUISITION AND RESETTLEMENT II.1 THE SUBPROJECT DESCRIPTION II.2 MITIGATION MEASURES II.3 SUMMARY OF MAIN IMPACTS OF THE SUBPROJECT 8 III SOCIOECONOMIC INFORMATION III.1 INFORMATION SOURCE III.2 POPULATION CHARACTERISTICS III.3 JOB AND INCOME III.4 AFFECTS TO LAND AND STRUCTURE III.5 LAND-USE STATUS 10 10 10 11 IV COMPENSATION POLICY 11 IV.1 RESETTLEMENT OBJECTIVES: 11 IV.2 WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT: 11 IV COMPENSATION POLICY OF THE GOVERNMENT OF VIETNAM: 11 IV.4 DECISIONS OF QUANG NAM PPC REGULATING THE LAND ACQUISITION, RESETTLEMENT AND COMPENSATION 13 IV.5 COMPENSATION POLICY OF THE SUBPROJECT 14 V INFORMATION DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE REDRESS 15 V.1 OBJECTIVES OF PUBLIC INFORMATION AND CONSULTATION V.2 PUBLIC CONSULTATION IN THE PROJECT PREPARATION PHASE V.3 PUBLIC CONSULTATION DURING THE PROJECT IMPLEMENTATION V.4 GRIEVANCE REDRESS PROCEDURE 15 15 16 16 VI IMPLEMENTAITON ORGANIZATION .17 VI.1 CENTRAL LEVEL VI.2 PROVINCIAL LEVEL VI.4 DISTRICT LEVEL VI.4 COMMUNE LEVEL VI.5 LOCAL MASSIVE ORGANIZATIONS 17 18 19 19 19 VII BUDGET .19 VII.1 FINANCING MECHANISM VII.2 COMPENSATION UNIT PRICE VII.3 COMPENSATION BUDGET 19 20 20 VIII MONITORING AND EVALUATION 20 VIII.1 MONITORING OBJECTIVE VIII.2 INTERNAL MONITORING VIII.3 EXTERNAL MONITORING 20 20 21 APPENDIXES .24 APPENDIX 1: ESTIMATED BUDGET FOR COMPENSATION AND ALLOWANCE 24 APPENDIX 2: RAP IMPLEMENTATION AND CIVIL WORKS PLAN 27 -1- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District APPENDIX 3: SUMMARY OF COMPENSATION IMPLEMENTATION FOR PAHS IN THE SPOIL DUMPING AREA IN TAM QUANG COMMUNE 26 -2- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District ABBREVIATION CPC Commune People’s Committee CPO Central Project Office CRC Commune Resettlement Committee DMS Detailed Measurement and Survey DRC District Resettlement Committee HH Household LURC Land use right certificate MARD Ministry of Agriculture and Rural Development NDMP Natural Disaster Risk Management Project PAH Project Affected Household PAP Project Affected People PMO Project Management Organization of CPO PMU Provincial Subproject Management Unit PPC Provincial People’s Committee PRC Provincial Resettlement Committee PSC Project Steering Committee RP Resettlement Plan RPF Resettlement Policy Framework VND Vietnam Dong WB World Bank -3- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District DEFINITION OF TERMS Project Affected Person (PAP) indicates any individual, a household, a group of people, a firm or a private or public organization, who, on the cut-off date of the project or of any component or parts thereof would have their: (i) right, title or interest in any house, or any land (including premises, commercial, agricultural, forestry and grazing land) or any other fixed or movable asset, acquired or possessed, or lost, temporarily or permanently; and/or (ii) business, occupation, work or place of residence or habitat adversely affected, temporarily or permanently, regardless of relocation or not; and /or (iii)standards of living adversely affected Compensation means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the project Cut-off Date is determined as the date of completion of the socioeconomic survey in the subproject area during the RAP preparation process and the completion of the detailed measurement and survey upon the availability of the subproject detailed design The subproject cut-off date for the eligibility to receive compensation is the date of completion of the detailed measurement and survey of the An Hoa subproject, i.e July 20th 2008 Eligibility: Any individual, on the cut-off date, is living in the area affected by the An Hoa sea harbor for safety boat subproject and has the following conditions are eligible to be compensated: (i) standards of living adversely affected; (ii) right, title or interest in any house, or any land (including premises, commercial, agricultural, forestry and grazing land) or any other fixed or movable asset, acquired or possessed, or lost, temporarily or permanently; or (iii) business, occupation, work or place of residence or habitat adversely affected, temporarily or permanently, regardless of relocation or not Land Acquisition refers to the process whereby a PAP is compelled by a public agency to alienate all or part of the land that the PAP owns or possesses, to the that agency for public purposes in return for a satisfactory compensation Monitoring refers to the process of regular monitoring the implementation progress of the project activities and the achievement of the project objectives Rehabilitation means the process to restore income earning capacity, production levels, living standards and social network in a long term Rehabilitation measures are deemed to be an integral part of the entitlement for compensation Relocation means the physical relocation of an AP from the pre-Project place of residence/ business base to a new place This may include the reconstruction of houses and works, production land and public infrastructures in other place -4- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District Replacement Cost means the equivalent value or the most close to market prices plus with transaction costs such as administrative fee, registration fee, or entitlement verification fee, replacement cost for agricultural land is calculated based on the productive potential and/or market price at the compensation delivery Replacement cost for houses and/or other infrastructures are based on the reasonable market prices of new building materials and labour cost without depreciating and deducting value of salvaged materials Replacement cost for residential land, crops, trees, and other assets will be calculated based on market prices of relevant assets This ensures that PAP can rebuild houses or infrastructures with better or at least equal to quality of the pre-project houses or infrastructures If no land market is available, the Provincial People’s Committee will establish a compensation policy which ensures that PAP can recover their living conditions equal to or better than those of before the land acquisition and/or the resettlement is taken place 10 Resettlement Effects mean all negative situations directly caused by the subproject, including loss of land, property, income generation opportunity, and cultural assets 11 Resettlement Plan is a time-bound action plan with budget, setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation 12 Severely Affected Person is defined as a person who will (i) lose at least 20 percent of total agriculture/aquaculture landholding or business land, (ii) relocate and/or lose more than 50 percent of their main residential, and/or business base or have houses or infrastructures that are assessed unsafe or unable to use due to the project impacts and/or (iii) lose more than 20 percent of total income sources 13 Vulnerable Group is defined as a group of people who are affected adversely due to the land acquisition and resettlement, including poor households, landless or almost landless households, female-headed household, disabled or disadvantaged households or ethnic minority households -5- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District I PROJECT INTRODUCTION Quang Nam is a coastal province in the North Central Region with a 125 km of coastal line The province has a total of 40,000 km of sea area, and about 90,000 tons of reserves of marine products Along the coastal line has two major river estuaries connecting the sea, namely Dai estuary, Hoi An, and An Hoa estuary in Nui Thanh district, making two estuaries be easy for ships and boats to anchor, shelter, and gather, access to and for logistic services activities are taken place, meanwhile they help promote the marine product catching and fishing and build up major marine economic centers of the province The fishery economic development strategy up to year 2010 aims at bringing the fishery to gain a greater development step and actually becomes a key economic sector of the province Details are: comprehensively developing the fishery in all three areas: catching, farming and processing in order to increase productions, extending scope of exports and supporting other industries; speeding up the industrialization and modernization process in the fishery; enhancing the catching capacity by increase capacity of fishing boats, changing the off-shore oriented fishing mechanism, and fishing cum farming in order to exploit the fishery around the year, etc.; and developing the logistic services for off-shore fishing boats such as: fish-harbor, boats building and repair bases, sea-harbor for boat safety in storm weather, fish-market, oil and petrol supply, icewater supply, fishing tools, etc Quang Nam has a potentiality for fishery economic development; however, the infrastructures for fishery are not invested adequately Among the traditional fishing harbors, some fishing harbors are under construction and the remaining are natural harbors Currently, there are two fish-harbors which are being constructed, namely An Hoa fish harbor – Nui Thanh district, and Tam Ky fish harbor – Tam Ky district, and 01 fish harbor which is constructed and now in use is Cu Lao Cham fish harbor, Hoi An district In general, logistic services bases are dispersed, in small scale and have low-quality services The harbor system for boat safety in storm weather, storm forecasting facilities, marine equipment, safety facilities for people and fishing boats are not given due attention to Every year, losses of human beings, facilities in Quang Nam sea usually happen (obviously in the case of more than 150 fishermen in Quang Nam died and missed in action, lost more than 10,000 billion VND, more than 600 fishing boats and ships lost in the last Chanchu storm Currently, in Tam Giang and Tam Quang communes, Nui Thanh district, in addition to some fishing wharfs of farmers, the State also invests in building An Hoa fish harbor with sufficient physical infrastructures of a fishery logistic area This fishery logistic area will support the sea harbor for boat safety in storm conditions, facilitate fishing boats and ships to anchor in storm weather, and this combination of works will inter-support in order to promote the investment effectiveness Name of subproject: An Hoa sea harbor for boat safety subproject, Nui Thanh district, Quang Nam province Investor: Quang Nam Provincial Department of Agriculture and Rural Development (DARD) -6- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District Construction site: Vung Da bay, bounded by the Tam Giang commune to the west and south, and Tam Quang commune to the east and north, in Nui Thanh district, has favored natural conditions for boats and ships to shelter in storms: water surface is large but out of wave and calm, and is closer to the infrastructures and logistic services for fishing activities i.e An Hoa fishing harbor, and has a capacity for 1,200 fish boats and ships to shelter at the same time in storm weather Actually so far, fishermen in coastal areas in the Central region usually have selected this to shelter in storm With its natural conditions, Vung Da bay is selected to build the An Hoa sea harbor for boats and ships to shelter In this region, fishing boats, ships and facilities develop strongly in quantity and types Fishermen have experiences in fishing, catching marine products, building and repairing boats and ships Meanwhile, some physical infrastructure works and logistic works exist to serve the fishery Objectives and tasks of the project: (i) building a sea harbor for fishing boats and ships and fishing facilities to shelter in storms in Quang Nam sea and in the vicinity in order minimize damages and loses to human and assets of fishermen in storm season, making fishermen to feel confident in fishing in off-shore and developing the fishery, (ii) creating a traditional wharf for fishermen to anchor before and after the fishing, (iii) coordinating with An Hoa fishing harbor and fishery craft-villages in the locality, providing premises for the development of economic activities such as marine product processing, fishing logistic services, fish boat building and repair, (iv) creating jobs for labour and improving socioeconomic life of local fishermen, (v) providing favored conditions for developing fishery extension services, protection of marine benefits and guiding the fishing ground -7- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District II SCOPE OF LAND ACQUISITION AND RESETTLEMENT II.1 The subproject description 10 In accordance with the Decision 288/2005/QD-TTg dated November 08 th 2005 of the Prime Minister approving the “adjustment to the planning of sea harbor for fishing boats and ships to shelter in storms up to year 2010 and in vision towards year 2020”, An Hoa sea harbor for boat safety is classified as a sea-harbor at provincial level and is prioritized to invest in the first phase 11 Vung Da bay locates close to the downstream of An Tan river flowing to Truong Giang river, about 2.5 km from An Hoa estuary (seaport), in the territory of Tam Quang and Tam Giang communes, Nui Thanh district, Quang Nam province This area has natural conditions favored for ships and boats to anchor and shelter in storm weather The topographic condition of the area is similar to a natural dry lock, with one end connecting to An Tan river to An Hoa estuary This natural dry lock is about 1,000 m long, 800 m wide on average, and is protected by villages and is close to active fishing ground so it forms a gathering point for ships, boats and fishing facilities to gather, for logistic services and shelter purposes when whirl-wind, tropical low-pressure happens in the local sea 12 Potential impacts: Since the shelter area is built in the alluvial area and river estuary where is close to shrimp farming ponds of farm households so it is hardly to avoid adverse impacts from the construction of works such as turbid water affecting to the shrimp farming, relocation of rockplaced fish-traps of local people in Vung Da bay in order to dredge the area Spoils and mud to be dredged will be dumped in shrimp farming ponds in Tam Quang commune which were acquired and compensated in the Project for Free Trade Zone of Chu Lai Open Economic Zone Therefore, the project will not acquire land temporarily or permanently from people II.2 Mitigation measures 13 The location for the construction of sea harbor for boat safety in storms is selected based on the following criteria: (i) ensuring technical specifications of a sheltering place in storm weather for ships and boats; (ii) ensuring the safety of ships and boats to access to the stormsheltering place; (iii) minimizing adverse impacts to local people The selected location of the subproject is close to downstream of An Tan river flowing to Truong Giang river, about 2.5 km from An Hoa estuary (seaport) and this location satisfies all above-mentioned criteria Because the proposed construction site is not a residential land so it will not cause resettlement but affect to the marine product farming, fishing and catching of some family households 14 The technical solutions and construction are proposed and reviewed in order to minimize permanent or temporary land acquisition as well as to select the area which has been compensated and acquired in other projects to use as material stock piling and spoil dumping in this subproject The construction access is waterway not road way, therefore, the subproject also avoids acquiring land temporarily -8- Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District II.3 Summary of main impacts of the subproject 15 The subproject will affect to two communes: Tam Giang and Tam Quang According to the statistics of the Resettlement Committee of Nui Thanh district, there are 82 HHs with 397 people will be affected by the subproject, comprising of 80 shrimp farming HHs, 01 fish catching HH with rock-pitching fish traps who has to remove rock-pitching fish traps, and 01 collective organization, i.e Tam Giang CPC that is affected with shrimp ponds All PAHs not lose land but suspend raising shrimps in 01 year when the construction is carried out because the dredging will make water too turbid to raise shrimps A total of 351,186m of shrimp farming ponds will be affected during the construction None of PAHs loses residential land or is affected with houses (Table 1) 16 The objective of this RAP is to ensure that all PAHs will be compensated at replacement prices for affected assets and will be supported to mitigate adverse impacts so PAPs will have living conditions equal to or better than the pre-project conditions The information and data presented in this RAP are collected from (i) detailed measure survey (DMS), (ii) socioeconomic information survey which has been carried out with 100% of PAHs, and (iii) group-discussion with PAPs Because the number of PAHs is small (82 HHs) and there is no severe PAH so this RAP is abbreviated (abbreviated RAP) as regulated in the OP4.12 of the World Bank Table Summary of impacts caused by the subproject Subproj ect Number of severe PAHs (HH) Losing Losing Losing >50% of shops >20% of house agri land 0 Total An Hoa Residential land (m2) Agricultural land (m2) Houses (m2) Shops (m2) Marginal PAHs Total PAHs (HH) Losing Affecting Number of Numbe 20% of Shop/ business benefiting from agricultural base relocated social policy land Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Local relocation Relocation PAH PAH in other place Not applicable Not applicable Not applicable Not applicable V INFORMATION DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE REDRESS V.1 Objectives of public information and consultation 41 Public dissemination, consultation with PAPs and mobilization of participation of PAHs as well of relevant agencies and organizations is to ensure the transparency in the project, reduce the potential for conflicts and minimize the risk of project delays This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of PAPs 42 The objectives of the public information dissemination, participation of relevant parties and public consultation with PAHs are to: (i) provide PAHs full information about the project, project components and recommended activities; (ii) collect information on needs and priorities of PAPs and affected communities, their reactions to the project policies and activities; (iii) Obtain the cooperation and participation of the PAPs and communities in activities necessary for resettlement planning and implementation; (iv) have the opportunity to participate in activities and decision-making about issues that will directly affect their income and living conditions; and (v) ensure the transparency in all activities related to land acquisition, resettlement, compensation, and rehabilitation V.2 Public consultation in the project preparation phase Public meetings 43 During the project preparation, PPMU coordinated with the RCs and local governments of two affected communes to organize public meetings which provided information about the project, land acquisition, resettlement and compensation policies PAHs were encouraged to contribute opinions and comments on the resettlement plans, measures to restore the production and income, and livelihoods in the RAP implementation - 15 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District 44 The information dissemination and public consultation would be continued in the RAP implementation process The following main information should be disseminated to PAHs: (i) Locations where PAHs could find more detailed information about the project: Fishery PPMU, DRC, Tam Quang and Tam Giang CPCs (ii) Project impacts: The information related to the impacts to people living or/and working in the subproject area, explanation about the needs of sea harbor for boat safety in An Hoa estuary, etc would be provided to PAHs DMS results and minutes of price application must be posted publicly for PAHs to access to (iii) The rights and entitlements of PAHs (at the cut-off date), entitlements to different categories of affects of PAHs, including entitlements to allowances such as rehabilitation allowance, job-change allowance, etc V.3 Public consultation during the project implementation 45 During the project implementation, when the land acquisition, resettlement and compensation activities are carried out, PAHs should be informed of procedures on survey and DMS, compensation payment, organizations responsible for these activities, and complaints and grievance redresses In this phase, PAHs have rights to be informed and contribute opinions on the DMS results, recommended compensation plan, compensation unit prices for assets affected and their entitlements 46 The project information dissemination is constantly remained during the project implementation phase with different information dissemination methods in order to provide sufficient information to the interested people, in particular PAPs, help them have best selection to overcome difficulties in transition period, rehabilitate and recover their income and living conditions 47 During the project implementation, PPMU would carry out the following tasks: (i) Providing information in details about the policies and procedures on project implementation to Nui Thanh DRC and local governments of Tam Quang and Tam Giang communes (ii) Coordinating with Nui Thanh DRC to organize the public dissemination and consultation to all PAHs in the whole project cycle V.4 Grievance redress procedure 48 PAPs are informed that any mistake or misunderstanding about any aspects of the project will be heard and supported by Nui Trach DRC for solution If PAPs have any complains or questions related to land acquisition, compensation, rehabilitation process, including compensation rates, they all have rights to appeal and their complaints will be solved up PAHs will be explained about redress procedures - 16 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District 49 In order to ensure that all questions, complaints of PAHs related to any aspects of land acquisition, resettlement and compensation to be solved on time and satisfactorily, it is necessary to set up an appropriate grievance redress procedures It is important that PAHs should be aware of such grievance redress procedures The detailed grievance redress procedures shall be informed to PAHs in the public information dissemination 50 Grievance Redress Procedure: stages, comprise of: Stage 1: Complaints from PAPs on any aspect of the land acquisition, resettlement and compensation, or losses not previously addressed shall first be lodged verbally or in written form to the Commune People's Committee (CPC) The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the CPC The 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 cannot be reached, or if no response from the CPC is received by the PAP within 15 days of registering the complaint, he/she can appeal to the DRC One DPC vice chairman will directly hear the case delivered by PAP and the complaining PAP will be invited to compile his/her case The DRC will provide a decision within 01 month of the registering of the appeal Stage 3: If the PAP is not satisfied with the decision of the DPC or in the absence of any response by the DPC, the PAP can appeal to the Provincial People’s Committee The PPC together with the representative of the PRC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC Stage 4: If the PAP is still not satisfied with the decision of the PPC or PRC on appeal, or in absence of any response from the PPC within the stipulated time, the PAP as a last resort, may submit his/her case to the administration court VI IMPLEMENTAITON ORGANIZATION VI.1 Central level Ministry of Agriculture and Rural Development (MARD): 51 Ministry of Agriculture and Rural Development (MARD) is the Project executing agency (Project owner) MARD will have the following tasks: (i) Coordinating with Ministry of Finance, Ministry of Planning and Investment, and other Ministries in line to direct, check and supervise the project implementation, (ii) Deciding to establish the Project Steering Committee, the project implementing agency in accordance with the Credit Agreement and instructing these agencies during he project implementation, - 17 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District (iii) Coordinating with relevant ministries in line to submit to the Government of Vietnam, Vietnam National Assembly for approval of the annual budget plan and allocation of project counter fund, (iv) Instructing and directing project provinces to implement the subprojects and other project activities in the relevant provinces Central Project Office (CPO): 52 The Central Project Office (CPO) is assigned by MARD to implement the project on behalf of MARD (the Project owner) 53 CPO is responsible for submitting withdrawal applications to WB and request for central counterpart fund allocation, arranging to prepare works construction investment projects, technical designs and cost estimates of subprojects, and other activities in the central and provincial levels; submitting monthly, quarterly, semi-annual and annual reports to WB, relevant agencies about the project implementation progress, project disbursement; coordinating, supervising the project implementation, land acquisition, resettlement and compensation, environmental impact assessment, social assessment of the project, management of the international and domestic consultants, and cadres working for the project as well as the project assets VI.2 Provincial level Quang Nam Provincial People’s Committee (PPC): 54 Quang Nam PPC is responsible for: (i) Directing the preparation of project acquisition and resettlement plan (RAP); (ii) Issuing frameworks for land acquisition in relation to the compensation prices for land, structures, crops, and other properties; (iii) Approving RAP and compensation plans; (iv) Directing DPC to implement the RAP; (v) Checking and approving compensation prices submitted by Nui Thanh DRC during the RAP implementation; Provincial Subproject Implementation Office (PPMU): 55 The PPMU has the following tasks: (i) On behalf of the CPO, implementing all resettlement and compensation activities in the An Hoa sea harbor for boat safety within the territory under the PPC’s management; (ii) Guiding all resettlement activities to province, districts and communes in accordance with the Government policies and WB policies; (iii) Monitoring the RP activities; (iv) handing over the sites to contractors; - 18 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District (v) Consolidating and reporting periodically about resettlement activities to CPO as requested VI.4 District level Nui Thanh district People’s Committee: 56 The district People’s Committee (DPC) has the following functions: (i) Coordinating with provincial departments, sectors, organizations and project owner to prepare the overall plan on land acquisition, resettlement and compensation in the An Hoa sea harbor for boat safety in the district as assigned by the PPC; (ii) Instructing DRC to implement land acquisition, resettlement and compensation activities; (iii) Handling complaints and grievances of PAHs related to compensation, land acquisition and assistances (iv) Coordinating with functional agencies to implement the land acquisition, resettlement and compensation activities VI.4 Commune level 57 The People’s Committee of communes: Tam Giang and Tam Quang are responsible for: (i) Assigning members of the RC for the subproject; (ii) Verifying on record of DMS for compensation of PAHs; (iii) Receiving and handling complaints of PAHs within the jurisdictions of the commune; (iii) Consulting with PAPs about rights, entitlements, compensation policy and compensation unit prices; (iv) Providing favored conditions for PPMU in surveying and implementing RAP and other related works VI.5 Local massive organizations 58 Local organizations at commune level such as Women’s union, Farmers’ Association, National Front, will assist in mobilizing and encouraging PAPs to participate actively in the land acquisition and compensation process, from the preparation to the implementation of RAP, as well as the information dissemination programs and public consultation VII BUDGET VII.1 Financing mechanism 59 In order to provide the sufficient budget on time to implement the land acquisition and resettlement activities, the Quang Nam PPC will allocate the counter fund from the provincial - 19 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District budget to the PPMU so PPMUU can make payments for the compensation, allowances and other RAP implementation expenditures VII.2 Compensation unit price 60 The prices for compensation of assets affected in this subproject are based on the rapid appraisal of replacement costs for assets and updated unit prices issued by PPC The compensation prices will be adjusted with actual inflation rate 61 Nui Thanh DRC applied the compensation rate in accordance with the Decision No 560/2008/QD-UB of Quang Nam PPC for the income lost due to 1-year suspension of the shrimp farming is 6,000 VND/m2/year for shrimp farming and 500,000 VND/trap for stone –pitching fish traps These compensation prices were consulted with and accepted by PAHs VII.3 Compensation budget 62 Based on the scope, level and quantity of assets affected by the subproject and the compensation prices and allowance for assets affected, Nui Thanh DRC prepares a detailed cost estimated for the compensation and allowance in the subproject, totaling VND 2,111,616,000 (USD 128,250) This budget excludes the land acquisition and resettlement management and implementation fee (2% as regulated by Decree No 197/2004/ND-CP) and 10% of contingency Details are presented in Appendix VIII MONITORING AND EVALUATION VIII.1 Monitoring objective 63 Monitoring is the continuous process of assessment of project implementation, completion, and achievements of project activities and achievements of the project objectives Monitoring is an action that is carried out in a time in order to verify impacts of interventions and the compliance of the preset objectives 64 Overall monitoring objectives are to ensure that the compensation and implementation of RAP are proper and on time as indicated in the resettlement action plan The RAP implementation will be monitored internally and independently (external) which aims at providing feedbacks to project management agencies about the implementation status and recognizing on time problems and difficulties as well as achievements in order to have on time adjustments to the implementation organization Continuously monitoring RAP implementation will be carried out by the project implementing agencies, World Bank, and RAP external monitoring organization VIII.2 Internal monitoring 65 Quang Nam PPMU, with the assistance of the resettlement consultant, will be responsible for internal monitoring of all issues related to RAP implementation The Project management unit (PPMU) will monitor the land acquisition and resettlement as specified in the Resettlement plan - 20 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District The PPMU will update implementation progress of resettlement implementation by RAP implementation by regular project implementation progress Monitoring indicators 66 Main indicators that will be regularly monitored by PPMU include: (i) Compensation payment to PAPs at compensation rates specified in this RAP; (ii) Delivering entitlements on social support and income rehabilitation to PAPs; (iii) Providing project information to PAHs, meanwhile consulting their opinions in accordance with the procedures specified in this RAP; (iv) Priorities of PAHs about proposed options; (v) Compliance with the complaint redress procedures; (vi) Closely tacking complaint procedures and pending issues that need to be solved by the management unit; (vii) Restoring public works affected RAP Internal monitoring staffs 67 One official from CPO will be responsible for internal monitoring of RP implementation, including information collection as well as outputs of monthly RP implementation from Nui Thanh DRC; preparing regular internal RAP monitoring reports The internal RAP monitoring report will have the following contents: (i) Number of affected people classified in type of impacts and the compensation payment and income recovery measures for PAPs; (ii) Budget allocation for compensation activities and the amount paid; (iii) Results of grievance redress reflected in previous monitoring results and appending issues that need supported by the WB management and the project management board; (iv) Difficulties in RAP implementation and solutions applied VIII.3 External monitoring 68 One condition for effectiveness of the credit is that CPO should hire an independent monitoring organization (IMO) in all project implementation duration IMO must be an organization which specializes in social science and have experiences in monitoring the resettlement implementation IMO will start the work after the updated resettlement action plant is approved External monitoring objectives 69 Objectives of the external monitoring are to: (i) Provide an independent assessment of achievement of resettlement and compensation process The independent monitoring organization, if necessary, will provide external assistance and technical assistance for the project implementing agencies and RCs; - 21 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District (ii) Contribute opinions to solve up pending and potential issues in implementing recommended programs in this RAP; (iii) Give an overall assessment on RAP programs with a longer term and wider socioeconomic vision Monitoring and assessment indicators 70 IMO will undertake to monitor and assess with the indicators as below: (i) Compensation payment: (a) Fully sufficient compensation will be paid to PAHs before land is acquired, and compensation rate should be sufficient to replace affected assets; (b) compensation for affected structures must be equal to replacement costs of materials and labour based on construction standards and construction characteristics without depreciating and deducting values of salvageable materials (ii) Compliance between resettlement activities and civil works schedule: All activities related to resettlement and land acquisition of any work items must be completed before signing civil works contract for such work items (iii) Public consultation and awareness improvement about the resettlement and compensation: (a) PAHs should be fully informed and consulted with opinions about activities related to the resettlement, including land acquisition, land lease, and relocation activities; (b) public awareness about the compensation and resettlement policy and entitlements will be assessed among PAHs; (c) assessment of awareness about different options for PAHs as presented in this RAP (iv) Income recovery: The recovery of production activities of PAHs will be monitored (v) Satisfaction of PAHs: (a) satisfaction of PAHs to different aspects related to the land acquisition, resettlement and compensation will be monitored and recorded adequately; (b) operation of the grievance redress mechanism, results and efficiency of solutions of grievance redress mechanism will be reviewed (vi) Living conditions: During the resettlement and compensation implementation process, movements and changes of living conditions of PAHs will be surveyed and monitored Any potential restricts or difficulties in life rehabilitation and recovery of PAHs will be recorded and reported Assessment 71 The independent monitoring agency will undertake overall assessment of the resettlement implementation process and its impacts after months when all resettlement activities are completed, with questionnaires and forms that are used for monitoring activities - 22 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District Reporting on monitoring and assessment 72 The independent monitoring agency will submit periodic monitoring reports (or in other reporting period as otherwise agreed) to the CPO and the CPO will submit to WB as an appendix to the Project implementation progress report 73 RAP monitoring report should have the following contents: (i) Discrepancies, if any, to provisions and principles of RAP; (ii) Identifying problems and recommending solutions for the project implementing agency to understand the present situation and enable to handle such problems on time; (iii) Reporting progress of resettlement activities in the reporting period and solutions for pending issues and problems identified in previous monitoring reports Follow-up activities 74 The monitoring report will be discussed in a meeting between IMO, PPMU and relevant agencies upon the submittal of the monitoring report Further steps, if necessary, will be carried out based on the problems and pending issues identified in the report and in the meeting - 23 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District APPENDIXES APPENDIX 1: ESTIMATED BUDGET FOR COMPENSATION AND ALLOWANCE Nr Full Name of PAH Area (m2) Allowance – unit cost /m2 Bui Dieu 3,554.00 6,000 10 11 Nguyen Van Luan Tran Van Quang Do Thanh Tinh Nguyen Van Dieu Nguyen Van Tu Tran Toan Nguyen Van Toan Le Ba Thanh Tran Van Ba Nguyen Van Dien 5,309.00 6,000.00 6,000.00 6,389.00 5,636.00 4,222.00 8,546.00 4,765.00 3,746.00 5,008.00 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 12 13 14 15 16 17 18 19 20 21 22 23 24 Luong Thi Lai Tran Ky Tran Van Quoi Tran Hanh Nguyen Van Cuong Bui Công Ba Tran Thanh Tung Tran Nga Vo Van Trien Dinh Công Huan Duong Chau Nguyen Quoc Tho Luong Van Danh 10,434.00 9,045.00 5,707.00 6,943.00 5,950.00 13,025.00 9,552.00 6,588.00 7,844.00 3,749.00 3,427.00 3,819.00 7,475.00 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 25 26 27 28 29 30 31 32 33 Tran Thi Bo Pham Hung Tran Quang Thong Nguyen Tuan Kiet Lê Van Loc Nguyen Thu Huynh Van Kinh Nguyen Van Tra Huynh Van Ky 7,062.00 5,588.00 4,629.00 2,032.00 2,498.00 2,465.00 2,142.00 2,142.00 2,143.00 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 - 24 - Amount Note 21,324,000 Farming shrimp with 31,854,000 another HH 36,000,000 36,000,000 38,334,000 33,816,000 25,332,000 51,276,000 28,590,000 22,476,000 30,048,000 Farming shrimp with 62,604,000 another HH 54,270,000 34,242,000 41,658,000 35,700,000 78,150,000 57,312,000 39,528,000 47,064,000 22,494,000 20,562,000 22,914,000 44,850,000 Farming shrimp with 42,372,000 another HH 33,528,000 27,774,000 12,192,000 14,988,000 14,790,000 12,852,000 12,852,000 12,858,000 Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District Nr Full Name of PAH 34 35 36 37 38 39 Huynh Ngoc Anh Pham Tu Dinh Van Tien Nguyen Du Bui Ngọc Loan Tran Minh Tam 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Area (m2) Allowance – unit cost /m2 2,142.00 824.00 2,251.00 1,188.00 3,264.00 5,001.00 6,000 6,000 6,000 6,000 6,000 6,000 Nguyen Tan Vu Nguyen Van Cang Le Tan An Duong Sang Huynh Van Tri Pham Van Tam Le Van Thuy Vo Van Vinh Huynh Thien Ngo Van Huynh Ngo Thi Le Nguyen Mong Hoang Tran Thi Tien Pham Minh Tan Nguyen Thi Luan Vo Huu Vo Thi Nghi Nguyen Thi Xuan Nguyen Thi Sac Luong Thi Tin Huynh Van Thi Luong Van Thom Do Van Nga Tran Hung Pham Anh Phan Van Thanh Duong Tho Bui Van Chuong Tran Kien Bui Ngoc Ty 5,147.00 1,870.00 5,598.00 2,274.00 14,400.00 5,380.00 4,776.00 4,023.00 2,314.00 2,247.00 2,855.00 2,916.00 1,226.00 3,847.00 1,366.00 3,471.00 4,759.00 1,818.00 4,383.00 3,517.00 2,142.00 3,871.00 2,540.00 4,376.00 4,425.00 4,558.00 5,396.00 4,585.00 2,795.00 2,233.00 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 Nguyen Tap 16,216.00 6,000 Nguyen Du (his wife: Lien) 500,000*9 - 25 - Amount Note 12,852,000 4,944,000 13,506,000 7,128,000 19,584,000 30,006,000 Farming shrimp with 30,882,000 another HH 11,220,000 33,588,000 13,644,000 86,400,000 32,280,000 28,656,000 24,138,000 13,884,000 13,482,000 17,130,000 17,496,000 7,356,000 23,082,000 8,196,000 20,826,000 28,554,000 10,908,000 26,298,000 21,102,000 12,852,000 23,226,000 15,240,000 26,256,000 26,550,000 27,348,000 32,376,000 27,510,000 16,770,000 13,398,000 Farming shrimp with 97,296,000 other HHs stone-pitching fish4,500,000 traps Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District Nr 72 73 74 75 Full Name of PAH Tran Thi Dao Mai Nhat Thanh Tran Cong Hien Tam Giang CPC Total Allowance – unit cost /m2 2,269.00 6,000 3,814.00 6,000 3,847.00 6,000 Area (m2) 11,828.00 351,186.00 6,000 Amount Note 13,614,000 22,884,000 23,082,000 70,968,000 2,111,616,000 Note: There are 07 HHs who share with other HHs in farming shrimps so the allowance is paid to the representative HHs – as presented in the Table above - 26 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District APPENDIX 2: RAP IMPLEMENTATION AND CIVIL WORKS PLAN 2007 2008 2009 2010 I I I I Implementation of public consultation and promotion of public participation Establishment of PPMU PPMU, with assistance of the consultant, organizes training for resettlement staffs Meetings with RC Carrying DMS Appraising the assistance for income recovery (or income rehabilitation measures) Updating compensation rates and application of entitlements of the project Updating RAP and submitting to WB for approval Informing updated RAP to PAHs and submitting for approval from PPMU Compensation payment for PAHs External monitoring Awarding contracts for civil works Construction commencement Assessment of actual post-resettlement conditions (6-12 months after the completion of all resettlement activities) - 27 - Resettlement Action Plan (RAP) Subproject: An Hoa Sea Harbor for Boat Safety, Nui Thanh District APPENDIX 3: SUMMARY OF COMPENSATION IMPLEMENTATION FOR PAHS IN THE SPOIL DUMPING AREA IN TAM QUANG COMMUNE The area (32ha, belonging to Tam Quang commune) will be used for dumping spoil and sand dredged from the sea harbor of the subproject This area was recovered by Quang Nam PPC and handed over to Chu Lai Open Economic Zone project management Board (PMB) PAPs in the affected area was compensated by the PMB since 2005 PAPs in the area comply strictly with the compensation, resettlement policies of the PPC All affected households (100%) have been compensated reasonably, complaints of the affected households have been resolved satisfactorily According to the DMS data, 130 households rearing shrimp have been compensated and households have been resettled within the commune Total compensation amount and allowances for PAPs was VND14.3 billion The total land acquisition area was 32 In fact, most of the affected households rear shrimp as a secondary job (one crop per year only, from 2-3 months) The main occupation of these households is doing sea food business service and fish-catching Therefore, their income is not much changed as land acquisition, even some households get betteroff because they have more capital to invest in their business Actually, all acquired area (32 ha) was alluvial ground and low fallow land Local people reclaimed that land by constructing surrounding banks for farming shrimp No one has LURC provided by local authorities However, that land was compensated as land with LURC In the acquired land area, households, Ms Nguyen Thi Chinh and Mr Ngo Thong in Trung Toan village, Tam Quang commune had to be resettled They had received full compensation for their affected assets and allowances for relocation Currently, they had built new houses in resettlement site in Tam Quang commune Their lives were stabilized - 28 - Resettlement Action Plan (RAP)