VIETNAM: UPGRADING AND REHABILITATION OF FOUR PRIMARY CANALS IN PLAIN OF REEDS, DONG THAP PROVINCE

Resettlement Planning Document Document: Resettlement Plan Document Stage: Final Project Number: 40190 June 2012 GMS - Flood and Drought Risk Management and Mitigation Project VIETNAM: UPGRADING AND REHABILITATION OF FOUR PRIMARY CANALS IN PLAIN OF REEDS, DONG THAP PROVINCE Prepared by the Ministry of Agriculture and Rural Development (MARD), Socialist Republic of Vietnam for Asian Development Bank The Resettlement Plan is a document of the borrower The views expressed herein not necessarily represent those of ADB’s Board of Directors, Management, or Staff and may be preliminary in nature ABBREVIATIONS ADB AP AH CARB CPC DMS DCARB DPC DPI EA EMA GMS HH IOL LURC MOF MoC MOLISA MONRE MARD PMU PPC RCS RF RP Asian Development Bank Affected Person(s) Affected household(s) Compensation, Assistance and Resettlement Board Commune People’s Committee Detailed Measurement Survey District Compensation, Assistance and Resettlement Board District People Committee Department of Planning and Investment Executing Agency External Monitoring Agency Greater Mekong Sub-region Household Inventory of Losses Land Usage Right Certificate Ministry of Finance Ministry of Construction Ministry of Labor, Invalids and Social Affairs Ministry of Natural Resources and Environment Ministry of Agriculture and Rural Development Project Management Unit Provincial Peoples’ Committee Replacement Cost Study Resettlement Frame Resettlement Plan TABLE OF CONTENTS EXECUTIVE SUMMARY i I PROJECT DESCRIPTION “Great Mekong Sub-region Flood and Drought Risk Management and A Mitigation” Project Overview The subproject “Upgrading and rehabilitation of four primary canals in Plain of Reeds” B II SCOPE OF LAND ACQUISITION AND RESETTLEMENT A Mitigation Measures B Impacts on Land III Permanent Impacts Impacts on Trees and Crops Impacts on Houses and Other Structures Impacts on Public assets 12 Impacts on Livelihoods and Incomes of Households 12 Vulnerable Households 13 SOCIO-ECONOMIC INFORMATION AND PROFILE 13 A Socio-economic information of sub-project affected areas 13 Economic characteristics of the sub-project area 13 Demographic characteristics 14 Land tenure 15 Poor household 15 Infrastructure facilities and service access 16 B Socio-economic of affected households 17 Demographic characteristics 17 Education level 24 Labour and Occupation 25 Income and expenditure of affected households 28 Poor households and vulnerable households 31 Access to public services and facilities 32 Assets and domestic equipment 33 IV INFORMATION DISSEMINATION, PUBLIC CONSULTATION AND PARTICIPATION 34 A Information dissemination and public consultation 34 B Participation of the local people 36 V GRIEVANCE REDRESS MECHANISM 40 VI LEGAL FRAMEWORK 41 A ADB Policy on Resettlement 41 B Compensation Policy of Vietnam Government 43 C Compensation, assistance and resettlement policies of Dong Thap province 44 D Reconciliation of Vietnam Government and ADB Policies 44 VII COMPENSATION, ASSISTANCE AND RESETTLEMENT POLICY 52 A Principles on Compensation, Assistance and Resettlement 52 B Eligibility 53 C Specific entitlements of APs 53 VII RELOCATION OF HOUSES AND OTHER STRUCTURES 59 VIII INCOME RESTORATION 60 A Income restoration activities 60 B Implementation of income restoration activities 61 C Gender Strategy 61 IX RESETTLEMENT BUDGET AND FINANCING PLAN 63 A Resettlement Budget 63 B Budget Estimations 63 Compensation 63 Assistances 64 Cost estimate for the sub-project implementation 64 X INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENT 82 XI IMPLEMENTATION SCHEDULE 85 XII MONITORING AND REPORTING 87 A B Internal Monitoring 87 Data collection and Reporting 87 Internal Monitoring Indicators 87 External Monitoring 89 APPENDICES: Appendix List of households affected on land 93 Appendix List of households affected on structures and on-land assets 136 Appendix List of households affected on trees and crops 179 Appendix Household Questionnaire 209 Appendix Replacement Cost Study Report 213 Appendix Public Information Booklet 219 Appendix Minutes of Public Consultation Meetings 224 Appendix Photos of Public Consultation Meetings 260 Appendix Total Estimated Cost for Compensation, Assistances and Resettlement per Commune 261 Appendix 10 Detailed socio-economic information of affected communes 314 LIST OF TABLES Table 1: Impacts on land per commune Table 2: Counts of Households losing land per commune Table 3: Legal status of affected land Table 4: Impacts on trees Table 5: Impacts on trees categorized by commune Table 6: Impacts on houses and on-land structures Table 7: Number of affected HHs on houses and structures categorized by commune (1) 10 Table 8: Number of affected HHs on houses and structures categorized by commune (2) 11 Table 9: Number of Households Losing Agricultural land by percent lost (%) 12 Table 10: Demographic characteristics of affected households in each commune 18 Table 11: Population structure by age and by gender of affected household members (%) 19 Table 12: Gender of household heads 19 Table 13: Marital status of household heads 21 Table 14: Demographic characteristics of household heads 22 Table 15: Education level of household heads 24 Table 16: Main occupation of affected household heads 26 Table 17: Average monthly income of each affected household member 29 Table 18: Household classification based on poverty line in 2011 31 Table 19: Number of households under preferential social policy/social allowance 32 Table 20: Number of households with health insurance 33 Table 21: Consultative meetings at commune level in April, 2012 36 Table 22: Consultative meetings at commune level in May, 2012 37 Table 23: Consultative meetings at village level in April, 2012 38 Table 24: Consultative meetings at village level in May, 2012 39 Table 25: Discrepancies between Government Policies (Decree 197/ND-CP, Decree 69/NDCP) and ADB SPS (2009) 46 Table 26: Entitlement Matrix 54 Table 27: Total estimated cost for compensation, assistances and resettlement of the subproject 65 Table 28: Implementation schedule 86 Table 29: Internal Monitoring Indicators 87 Table 30: Indicators for External Monitoring and Performance 89 Table 31: Compensation unit price for annual crops and trees 214 Table 32: Compensation unit price for perennial trees 215 Table 33: Unit price of land in rural area 215 Table 34: Replacement cost study result of trees and crops 216 Table 35: Replacement cost study result of structures and houses 218 Table 36: Total estimated cost for compensation, assistances and resettlement of Thong Binh commune 261 Table 37: Total estimated cost for compensation, assistances and resettlement of Tan Thanh A commune 266 Table 38: Total estimated cost for compensation, assistances and resettlement of Tan Cong Chi commune 270 Table 39: Total estimated cost for Compensation, assistances and resettlement of An Binh B Commune 282 Table 40: Total estimated cost for Compensation, assistances and resettlement of Binh Thanh Commune 286 Table 41: Total estimated cost for Compensation, assistances and resettlement of Phu Tho Commune 290 Table 42: Total estimated cost for Compensation, assistances and resettlement of Phu Thanh B Commune 296 Table 43: Total estimated cost for compensation, assistances and resettlement of Tram Chim Town 302 Table 44: Total estimated cost for compensation, assistances and resettlement of Tan My commune 306 Table 45: Total estimated cost for compensation, assistances and resettlement of Phu Loi commune 310 Table 46: GDP proportion of communes and districts in the sub-project area 314 Table 47: Population structure of the sub-project communes 315 Table 48: Land tunure of the sub-project communes 316 Table 49: Average income per capita of sub-project communes 318 Table 50: Poor and poor threshold households of each affected commune based on poverty line in 2011 318 Table 51: Income per capita of poor households in each sub-project affected commune 321 Table 52: Number of schools in the sub-project affected communes and town 323 Table 53: Number of health center, sick-bed, doctor and medical examination 325 Table 54: Water sources in the sub-project communes and town 327 Table 55: Type of latrine and percentage of user 329 Table 56: Traffic system in the sub-project affected communes 330 Table 57: Number of households with members participating local mass organizations in the sub-project affected communes 331 LIST OF FIGURES Figure 1: Location map of the subproject Figure 2: The economic proportion of Dong Thap province in 2011 based on actual value and the fixed value 14 GLOSSARY Affected person (AP) - Detailed Measurement Survey (DMS) - With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs earlier done during RP preparation The final cost of resettlement can be determined following completion of the DMS Compensation - Means payment in cash or in kind to replace losses of lands, housing, income and other assets caused by the Project All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs Means any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement In the case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a subproject or any of its components Cut-off date Means the date of completing DMS for which land and/or assets affected by the Project are measured The APs will be informed of the cut off date for each subproject component, and any people who settle in the subproject area after the cut off date will not be entitled to compensation and assistance under the subproject Entitlements - Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base Eligibility - Means any person who has settled in the subproject area before the cut off date that experiences (i) loss of shelter; (ii) loss of assets or ability to access such assets, permanently or temporarily; or, (iii) loss of income sources or means of livelihood, regardless of whether or not he/she was relocated will be entitled to receive compensation and/or assistances under the Project Income restoration - This is the re-establishment of sources of income and livelihood of the affected households Income restoration program - A program designed with various activities that aim to support affected persons to recover their income / livelihood to pre-project levels The program is designed to address the specific needs of the affected persons based on the socio-economic survey and Inventory of Losses (IOL) consultations - This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (project area) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined Land acquisition - Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs Rehabilitation - This refers to additional support provided to APs losing 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 Relocation - This is the physical displacement of an AP from her/his preproject place of residence and/or business Replacement cost - Means the method of valuing assets at current market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration and titling costs Replacement Cost Study - This refers to the process involved in determining replacement costs of affected assets based on empirical data Resettlement - This includes all measures taken to mitigate any and all adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed Resettlement Plan (RP) - This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation Severely affected households This refers to affected households who will (i) lose 10% or more - of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the subproject Vulnerable groups - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, and (vi) indigenous people or ethnic minorities