VlET NAM URBAN UPGRADING PROJECT - World...

NAM DlNH ClTY PEOPLE'S COMMITTEE NAM DlNH ClTY CONSTRUCTION AND INVESTMENT MANAGEMENT UNIT

RP189 VOL. 11

VlET NAM URBAN UPGRADING PROJECT NAM DlNH ClTY SUB PROJECT

CREDIT ITEM IDA 3887-VN (WB)

RESETTLEMENT ACTION PLAN COMPONENT 1 - UPGRADING TERTIARY INFRASTRUCTURE - PHASE I1

NAM DINH - APRIL, 2009

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

NAM DlNH ClTY PEOPLE'S COMMITTEE NAM DlNH ClTY CONSTRUCTION AND INVESTMENT MANAGEMENT UNlT

VlET NAM URBAN UPGRADING PROJECT NAM DlNH ClTY SUB PROJECT

CREDIT ITEM IDA 3887-VN (WB)

RESETTLEMENT ACTION PLAN COMPONENT 1 - UPGRADING TERTIARY INFRASTRUCTURE - PHASE I1

PROJECT MANAGEMENT AND OPERATION OFFICE

NAM DINH ClTY CONSTRUCTION & INV GEMENT UNlT

PROJECT PREPARATOR

VlET NAM WATER, SANITATION & STOCK COMP

Dinh Vi6t D ~ h g

NAM DINH - APRIL, 2009

Resettlement Action Plan . Nam Dinh city Urban Upgrading sub-project Component 1 . Upgrading third infrastructure .. . Phase I I

-.

TABLE OF CONTENTS

EXECUTIVE SUMMARY ...................................................................................... I 1 . INTRODUCTION ....................................................................................... - 3

2 . PROJECT DESCRIPTION ....................................................................... 5 .............................................................................................................. 2.1 Objective 5

...................................................................... 2.2 Proposed construction components 5

3 . SCOPE OF LAND ACQUISITION AND RESETTLEMENT ..................... 12 3.1 Land acquisition and resettlement scale ............................................................ 12 3.2 Impact level of the project .................................................................................. 12

4 .. SOCIAL - ECONOMIC DESCRIPTION OF THE PROJECT AREA ........ 16

5 . LEGAL FRAMEWORK AND RIGHT POLICY ......................................... 27 5.1 Vietnamese Laws. Decrees. and Circulars ......................................................... 27 5.2 World Bank Policy on Involuntary Resettlement ............................................... 28 5.3 Policies to be applied the VUUP project ............................................................ 28

6 . IMPLEMENTATION ARRANGEMENT .................................................... 35 6.1 Provincial People's Committee .......................................................................... 35 6.2 City People's Committee .................................................................................... 35 6.3 Provincial departments. divisions ....................................................................... 36 6.4 Construction and investment management Unit/ Site clearance Unit ................ 36 6.5 Compensation and resettlement Council ............................................................ 37 6.6 Commune peope's committee ............................................................................ 38 6.7 Independent Monitoring Organization ............................................................... 38

7 . COMMUNITY PARTICIPATION AND CONSULTATION ......................... 38 7.1 Activity principle and objective ......................................................................... 38

...................................... 7.2 Methods of community participation and consultation 38 7.3 Consultation during project preparation ............................................................. 39 7.4 Consultation Proposed During Implementation ................................................. 41

8 . PROCEDLIRES OF GRIEVANCE REDRESS .......................................... 42

10 . MONITORING AND EVALUATION .......................................................... 46 10.1 Objectives ........................................................................................................... 46 10.2 Internal monitoring ............................................................................................ 46 10.3 Independent monitoring .................................................................................... -46 10.4 Monitoring methodology and reporting ............................................................. 47

11 . COSTS AND BUDGET ............................................................................. 48

. Vietnam Water. Sanitation and Environment Join Stock Company . VIWASE I

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II pp

--- - - . -- - -. - -- - - -. -

ABBREVIATIONS

C&K

CPC

DMS

GDP

GOVN

MO

NGO

PAH

PAP

PCRC

PMU

RAP (RP)

RPF

VND

WB

Compensation & Resettlement Council

City People 's Committee

Detail Measurement Survey

Gross Domestic Product

Vietnamese Government

Monitoring Office

Non Government Organization

Project Affected Household

Project Affected People

Compensation & Resettlement Committee

Provincial Management Unit

Resettlement Action Plan (Resettlement Plan)

Resettlement Policy Framework

Vietnamese Dong

World Bank

Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE 11

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase I1 -

DEFINITION OF TERMS

Vulnerable Groups Separate groups who could be adversely affected by the relocation (Poor households, ethnic minority groups, handicapped people ...)

Resettlement is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood.

Compensation/supportFinancial/materialized compensation for PAH, including cost estimate and loss redress.

Income restoration is the process to recover income, production activities and living standard for long time.

Resettlement Plan Completion of Action Plan with fully timetable and detailed budget for developing resettlement strategy, objectives, rights, actions, responsibilities, monitoring and evaluation.

Replacement Cost is the necessary amount of money to replace lost assets basing on their actuallmarket values including transaction cost. This cost is calculated basing on the respective norm under a regulation.

Living Standard Supplement of compensation for assuring PAP who suffer seriously Recovery from loss of production material, loss of incorneljob or means of

livelihood to have an equally or better living standard

Cut-of-date The date of announcement of component boundary to Displaced Persons and local communities, DP will be informed of the cut-off date for each Project component, and that anyone moving into the Project Area after that date will not be entitled to compensation and support under the Project.

Eligibility Any person who at the cut-off-date was located within the area affected by the project, its sub-components, or other subproject parts thereof, and would have their: (i) standards of living adversely affected, (ii) rights, titles, or claim in any land (agricultural, grazing or forest), house or structure (be it residential, commercial permanent or temporary), or (iii) production assets such as business, occupation, place of work, residence, or habitat, or (iv) access to assets adversely affected (e.g. fishing rights). Eligibility is irrespective of: (a) formal legal rights to land, or (b) customary claim to land or asset, or (c) having no recognizable legal right or claim to the land they are occupying.

PAP-meet condition to is mentioned in the article 8 Decree No.l97/2004/ND-CP receive compensation

Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE . . . 111

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II

EXECUTIVE SUMMARY

Project Introduction

Nam Dinh city is implementing the project Urban Upgrading funded by World Bank in Treatment of development credit, credit number 3887-VN, signed between Vietnamese Government and World Bank in the 7Ih of August, 2004. The project is being implemented in 02 phases with 6 main components:

- Component 1 : Upgrading tertiary infrastructure - Component 2: Upgrading primary and secondary infrastructure - Component 3: Resettlement houses - Component 4: Land and houses management - Component 5: Capital turnover fund for improving houses - Component 6: Capacity building

Resettlement action plan (RAP) is made for component 1 phase I1 - subproject Nam Dinh City Urban Upgrading including: legal policy and right; property; social-economic condition; affected subjects; affected property statistic, community consultation and participatory activities; implementation and monitoring plan comprising grievance procedures; implementation; time implemention and budget.

Land acquisition scope

The design was revised to minimise effects of the project, it is expected to recover 2,788.6 m2 of land to improve and construct items in the component 1.

Field survey of effects of the project showed that there are about 176 households and 3 organizations affected by the project due to permanent land recovery. Level affected household (HH) is small and there is no relocated HH. The project affected household (PAH) will benefit from the project by environment condition to be improved.

Legal framework and compensation policy

Compensation policy in subproject Nam Dinh City Urban Upgrading will comply with the resettlement plan framework (RPF) accepted by both Vietnamese Government and the World Bank. The RPF has been cleared and approved through the Official Document No. 21 1WP5 dated September 9, 2003 and the Official Document No. 1513/CP-NN dated November 4, 2003 by the Nam Dinh Provincial People's Committee and Prime Misnister of Vietnamese Governrnnent respectively.

The basic principle applying for resettlement activity plan is that project affected people are supported sufficiently to have better living standard, incomes and productivity or at least equivalent ones in comparison with prior to project implementation. All project affected people living at project sites before cut off date are compensated or supported. Lack of legal basic on land owning will not interfere the affected households accessing the compensation and/or support of economic recovery. Lost properties will be compensated based on replacement cost.

Implementation / Institutional arrangement


Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II -

Compensation, support and resettlement are implemented directly by City ground clearance Board; compensation, support and resettlement Committee. In the progress, these units have to work closely with Nam Dinh city construction and investment management unit (PMU) functional organizations, commune authorities and communities in the project site to ensure an obvious and timely compensation - land acquisition, in accordance with the approved RAP.

Consultation and participation

RAP of the project is made with close cooperation of local authorities, community representatives and affected people. Commune authorities and representatives of affected households were consulted through different means and information channels including community meetings and consultations, questionnaire for all households affected by component 1 - Nam Dinh City Urban Upgrading subproject (phase 11). The collected information during consultation is the important basic to make resettlement policy including plans of compensation, support and incomes recovery

Grievance and grievance solution procedure

During land acquisition (Resettlement Action Plan), grievances will be solved in order of approved project policy. Grievances of affected subjects will be solved by authorities equally and quickly basing on present legal regulations

Monitoring and evaluation

The implementation of detail resettlement plan will be evaluated and monitored internally. In addition, an independent consultation unit employed by PMU will evaluate and monitor the implementation of RAP externally. The issues and difficulties met during implementing will be shown and solved timely as a result of regularly monitoring.

Implementation plan

Resettlement plan is carried out with construction of the project. It is expected that ground clearance in component 1 will be implemented within 6 months. Land acquisition is required to complete before the contractor receiving the site for construction.

Cost estimation

The total site clearance cost is estimated at around VND 4,166,531,000, which is equivalent to USD 238,087 (exchange rate: VND 17,500 = USD 1). In which, the contribution of residential people is estimated at around VND 1,807,595,000. It includes their affected land and properties. This cost estimate is different from the total site clearance cost in the Feasibility Study Report, infrastructure Upgrading grade 3 phase 2 - Nam Dinh City (Package 7.2; 7.3 and 7.4). Latest regulations of Nam Dinh People's Committee on compensation, assistance, and resettlement have been updated in this report's site clearance and resettlement cost estimate, and the rates applied to activities have been adequately and reasonably calculated.

The project implementation cost will be updated basing on the detail engineering design and the time of land aquisition.


Resettlement Action Plan - Narn Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase I I

1. INTRODUCTION

?Gu'a111 D i n i l p ~ ~ ~ i ~ ~ ~ ~ i b OLIC 01 i i l ~ i i u ~ ~ p ~ d k V[ I ~ V I I ~ I ~ V C I d ~ i i d i i i d i ~ g i c , d l 3 v i 3

development triangle of Hong river delta with populous and rich land in the North of Vietnam. Narn Dinh plays an important role in exchange between internal and coastal areas in the Centre North. Narn Dinh city is the centre of culture, education, science, economic and politic of Narn Dinh province. Since 1998, Narn Dinh city was approved as the urban grade 2. With integration and development of the whole country, Narn Dinh province in general and Narn Dinh city in specific made target and urban development trend properly on traffic, electric, water supply, wastewater drainage, environmental hygiene infrastructure.

There are 4 cities participating in the Vietnam Urban Upgrading Project (VUUP), including Ho Chi Minh, Hai Phong, Narn Dinh and Can Tho cities, aiming to decrease poverty in poor areas through environmental and living standard upgrading. The project is funded by World Bank (WB) with 6 components. Subproject Narn Dinh City Urban Upgrading phase I1 is implemented with the main components including:

- Component 1: Upgrading basic tertiary infrastructure in the low incomes areas

- Component 2: Upgrading primary and secondary infrastructure

- Component 5: Capital turnover fund for improving houses

- Component 6: Capacity building

Principles of VUUP include:

- Communities are participated in all steps: preparation, design and implementation

- Minimizing migration and resettlement

- Infrastructure is designed with suitable technical standard which authorities and communities accept

- The project improves living condition for all people in the project site, regardless of their resident status.

The subproject Narn Dinh City Urban upgrading phase I1 belongs to the Vietnam Urban Upgrading Project implemented since 2002, it has been contributing to overall development plan and enhancing systematically the projects in the City. The subproject is to improve infrastructure in the low income areas with 2 phases. Phase 1 improves infrastructure grade 3 and grade 1, 2 relevant to Van Mieu commune. Phase 2 upgrades the remaining 25 low income areas with area of 293 ha.

During the project preparation, technical plans were shown and selected basing on principle of minimizing effects due to land acquisition. Field survey and data till December, 2008 show that 2,788.6 m2 of land would be acquised for building and improving in the component 1.

The Component 1 included 3 packages with CP7.2, C.P 7.3 and CP 7.4 based on research

areas:

- Package CP7.2 will implement upgrading the tertiary infrastructure for 08 residential

areas of low- income population in 6 wards in the North of Namdinh city (Ha Long, Loc Vuong,

Thong Nhat, Tran Te Xuong, Vi Xuyen) including 56 groups.



- Contract package CP7.3 will implement upgrading the tertiary infrastructure for 9 residential area< nf !nw- incnme ?n?i~latinn in 7 warrlc a c C I I ~ Rac Ra T r i e ~ ~ , Qr~ang Trung Vi

Hoang, Tran Hung Dao, Phan Dinh Phung, Nguyen Du.

- Contract package CP7.4 will implement in 8 residential areas of low-income population

in 6 wards as Truong Thi, Trang Quang Khai, Ngo Quyen, Nang Tinh, Tran Dang Ninh and Cua

Nam.

This resettlement plan was made during preparing the project (FS Report) mentioning and guiding activities relevant to compensation and land acquisition during the project implementation.


Resettlement Action Plan - Narn Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II

2. PROJECT DESCRIP'TION

2.i Objective

Narn Dinh city is one of the 04 cities (Ho Chi Minh, Can Tho, Narn Dinh and Hai Phong) being upgraded in the Vietnam Urban Upgrading Project (VUUP) funded by the government of Socialist Republic of Vietnam and World Bank (WB). The main objectives of the project aiming to:

- Decrease poverty through living and environment condition improvement of the poor living in the urban.

- Strengthen method of participatory plan making and influence plan making process to have more systematic plans and poor assistance orientation.

The project also contributes to upgrade technical infrastructure of the Cities comprehensively and enhance results of the previous projects.

2.2 Proposed construction components

The Component 1 has implemented by 2 phases:

- Phase I: Upgrading the tertiary infrastructure of Van Mieu in Narn Dinh city (the

activities have been implementing)

- Phase 11: Upgrading the tertiary infrastructure of the left wards in NamDinh city

The research on preparation of feasibility study report, technical design, bidding

documents of upgrading the tertiary infrastructure for the implementation of the wards in Narn

Dinh city in Phase I1 comprises 3 contract packages: (1) CP 7.2, (2) CP 7.3, (3) CP 7.4.

a) Package 7.2

Package CP7.2 will implement upgrading the tertiary infrastructure for 08 residential areas

of low- income population in 6 wards in the North of Namdinh city (Ha Long, Loc Vuong, Thong

Nhat, Tran Te Xuong, Vi Xuyen) including 56 community groups. There are 4 low-income

residential areas of low- income population belonging to Ha Long, Tran Te Xuong, Vi Xuyen

wards described in the FS report (area no 11, 12, 13) and 4 areas of low- income population

belonging to Loc Ha, Long Vuong, Thong Nhat wards were described in the first stage report

'rapid assessment and selection of the low- income residential area in Tran Quang Khai, Cua

Nam, Loc Ha, Loc Vuong and Thong Nhat wards" (area no 21 ,22 ,24 ,26) .

Based on the research method with participation of communities, local authorities and

management agencies on public constructions, technical infrastructural constructions

implemented in the project comprise: (i) Upgrading traffic system; (ii) upgrading drainage

systems; (iii) upgrading public lighting systems. The investmented social infrastructures include:

kindergartens; health care centres, entertainment areas and cultural houses.

The detailed activities is below:



- Upgrading water drainage with length of 15,779 m. - - - upgrading 13,462 m (44,011 mi) o i trarric roads.

- Upgraded public lighting electric systems for 12.84 km of road

- Constructing, improving and upgrading 7 social constructions.

In addition, the project also upgrade some of the works in order to connect the tertiary

infrastructure to the primary and secondary infrastructure including:

- West channels area 19 of Ha Long ward: connecting routes of sewage drainage under

area 19 Ha Long wards to channel T3-11. - The routes connecting drainage belonging to 29A, 29B, 30 community groups Ha

Long Ward with the existing sewers on the road Bot Do - Phu Nghia. - The traffic routes connecting sewage drainage belonging to 23 group Loc Vuong

ward, along Vinh Mac road, to the channel T3-11, Loc Vuong Ward.

- Traffic route, public lighting electric system, sewage drainage system in the east lane

208, Thai Binh road, Tran Te Xuong Ward

Table 2.1. List of residential areas of low-income population (CW.2)

Community groups in the area of low-income population Ha Long ViXuyen Tran Te Thong Loc Ha


Area 12

- Area 24 Area 26 Total -

27,30A, 30B va31, (29A, 29B) 3,4, 5, 6, 11, , 12

12

Area l 3 ~ Area 14 Area 2 1 Area 22

5, 6, 9, 10, 1 1

17

6

16, 17, 18,19, 20,21

25,26

1, 2 ,6 , 15, 16,18,19,

1 13 '

20

23,25

2

2 2 56 2 14

2 0 , 2 1 , 2 3 , ~ 26,27,28,

2 9

6, 7 7

4, 5 2 2

9, 10, 1 1 5


b) Package 7.3

P~. .~ , - , , - , . Lui~otIubC;ull ev pubi\usb v - c ~ - - ,--- C? 7.3 i ~ ~ ~ z i ~ h 02 i.ii;giiidi~g : ~ ~ i a i y i~fias:iiicLiic f ~ i E residential areas of low-income population of 7 wards in Nam Dinh city center (following Table

2.2). Through research methods of the participation of communities, local authorities and

agencies of management of public construction works, the proposed technical infrastructure

works include:

- Improving and constructing a new traffic system of 23,264 m2 alley (width <3m);

7,002 m2 alley (width>=3m); Asphalted road of 1.520m2 - A drainage system: built new and improved 13,888m sewer.

The social infrastructures include:

- Building 3 houses of culture in Phan Dinh Phung ward (34m2), Nguyen Du ward and

Quang Trung ward (242.3 m2).

In addition, several works are also improved and upgraded in order to connect the tertiary

infrastructure level 3 to the primary and secondary infrastructure.



Table 2.2. List of residential areas of low-income population (contract package CP7.3)

residential area of

low- income

Community groups in the residential area of low-income population I

c) Package 7.4

Total

10

8

12

Area 14

Area 15

Area 16

Area 17

Area 20

Total

Contruction package CP 7.4 upgrade the tertiary infrastructure for groups in the residential

areas of low-income population of 6 western south wards including wards as Ngo Quyen, Nang

Tinh, Tran Dang Ninh, Truong Thi, Tran Quang Khai, Cua Nam. Upgrading the tertiary

infrastructure includes technical infrastructure and social infrastructure. The upgrading content

and areas depends on ( I ) needs of local communities; (2) local development plan; (3)

participation and contribution of the people; (4) finance of the World Bank funding for each

project. Specific- category- investment of CP7.4 Pack includes:

Phan Dinh

Phung

---


Nguyen

Du Ward

13

Tran Hung

Dao Ward

5

Quang Trung Ward

6,9,10, 14,15,16,

17,18,19,20,2

Ba Trieu

Ward

~~~~~-

9, 10, 13,14,15

Cua Bac

Ward

Vi Hoang

Ward

Area 8

Area9

Area 10

12

1,2,18, 19,20,

21,35, 36,37,38

9 , l o , 1 1 ,

1,2,3,

4,5,6,7,8,9, 10,11

23,25

13

3, 5, 6, 10,

11, 19, 20

13, 14, 15,

10

4, 5, 6 , 7 , 8 , 9, 10

2, 17, 20, 2 1

11

3 , 5 , 6 ,

10,16, 17,

18, 19

8

11

15

3

9

4

72


- Upgrading drainage infrastructure: 19,14 1 m

v 7 - upgrading traffic roads of 57,672 m2

Upgrading the social infrastructure including:

- 02 of health care centres: 2-floor house with area of 260m2/house

- 02 of cultural houses of community: 1-floor house with floor area of 50m2/house.

- Upgrading regulation the lake of 2,805 m2

- Supplementary upgrading connecting culvert of the tertiary infrastructure and the

primary and secondary infrastructure of 1,300 m

Table 2.3. List of residential areas of low-income population (contract package CP7.4)


income population

Total (10-12)

Total 18

79 32.29

90.74

1,720

6,668

Re! COI -

settlement Action Plan - Nam Dinh city Urban Upgrading sub-project nponent 1 - Upgrading tertiary infrastructure - Phase II

Figure 2.1. Current infrastructure of the low-income residential area

Figure 2.2. Current infrastructure of the low-income residential areas (cont.)





Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE


3. SCOPE OF LAND ACQLIISITION AND RESETTLEMENT

3.1 Land acquisition and resettiement scaie

Viet Nam Urban Upgrading Project - Nam Dinh City Sub-project, phase 2 includes 5 components. Component 1: upgrading tertiary infrastructure is one of the 2 items of the project which should have land acquisition for implementing. During preparation of the project, technical methods and design recommendations are given basing on principles of minimizing effects from land acquisition of the households in the project area. This is also an important target to select construction site.

According to expected design of the project in preparation of Investment Report (Pre- Feasibility Report), 2,788.6 m2 of residential land and agricultural land will be acquisited for upgrading and constructing, including:

- Upgrading roads

- Upgrading drainage system

- Upgrading public lighting electric system

- Constructing the social infrastructure (houses of culture, health care centers, kindergartens, entertainment areas)

- Works connecting the tertiary to the primary and secondary infrastructure works

Factors impact the project will include:

- Permanent land acquisition for the project is about: 1,503.2 m2 of residential land and agricultural land of 10.4 m2 (garden land) and 340m2 public land.

- Effect to more than 2,887 m2 of house, courtyards, gardens, wall barrier; 935m2 surface water for growing vegetable and 564 m2 of lake for fishing.

- Temporary land acquisition during the process of construction.

According to statistic of investigation studies on the impact of the project, there were 176

households and 3 organizations in 8 wards will be affected by taking back of land to cany out the

project. No households must move and resettle in new places. All affected households will get

benefit directly when the project completed. The project does not affect to any the culture works

(temples, shrines worship). No ethnic minority community is on project areas.

3.2 Impact level of the project

Since September, 2007, based on technical recommendations, surveys at project sites of resettlement and clearance were implemented.

The components affected by land acquisition in the pre-FS stage of Namdinh city urban

upgrading sub-project - Component 1, Phase I1 consist of:



Public land

Table 3.1. Affected level by land acquisition

Project

affected

organize

I

7.3

Project

affected

household

62

7.4

Specific affected level of each the package:

Area (m2)

463.3

ppppp

Package

Residential land

Residential land

* The package 7.2

--p.ppp

Land acquisition

I

Residential land

Public land ----

The package 7.2 will be implemented in 06 wards of the North City:

- Thong Nhat Ward - Loc Ha Ward - Loc Vuong Ward - Tran Te Xuong Ward - Vi Xuyen Ward - Ha Long Ward

583.8

--

1,259.3

There are 02 wards (Ha Long ward and Tran Te Xuong ward) where have PAHs. Specific

affected locations are alley No.181 - Phu Long Road, alley No.208 - Thai Binh road (belongs to

3 2

2 Total

Tran Te Xuong ward) and some households located along the West channel area 19 of Ha Long

2,788.6 1 176

ward.

The total area of permanent land acquisition expected to recover 489.4 m2 (188.3 m2 in

Tran Te Xuong ward and 301.1 m2 in Ha Long ward), including:

- Residential land: 463.3 m2 with 62 PAHs

- Public land: 15.7 m2 of the To Hieu secondary school - Tran Te Xuong ward

- Garden land: 10.4m2 of 1 household in Ha Long ward



According to evaluation, this package will also affect to 1324.3 m2 constructions,

Irlclading. h n l ~ ~ e (237 5 m2), yard (213.2 m2), harrier wa!! (842.5 m2) a.n? suh-constructinn

* The package 7.3 The construct package CP 7.3 will be implemented in 07 wards, including:

- Ba Trieu Ward - Vi Hoang Ward - Cua Bac Ward - Quang Trung Ward - Phan Dinh Phung Ward - Tran Hung Dao Ward - Nguyen Du Ward

There are 3 wards (Ba Trieu, Vi Hoang, Cua Bac) where have PAHs. Specific affected

locations are alley No.62 - Truong Chinh Road, alley No.7 - Quang Trung Road (in Ba Trieu

ward); alley No.603 - Tran Nhan Tong Road, alley No.43 - Hung Vuong Road (in Vi Hoang

ward); alley No.62 - Tran Dang Ninh Road, alley No.75 - Dien Bien Phu Road (in Cua Bac

ward).

There are 32 households affected by permanent acquisition with 583.8 m2 of resident land

area, including 24.3 m2 in Ba Trieu ward, 457.5 m2 in Vi Hoang ward and 102 m2 in Cua Bac

ward.

In this package, affected constructions include: house (22m2), wall barrier (229m2), gate and

some trees.

* The package 7.4

The construct package CP 7.4 will be implemented in 06 wards, including:

- Truong Thi Ward - Ngo Quyen Ward - Nang Tinh Ward - Tran Dang Ninh Ward - CuaNam Ward - Tran Quang Khai Ward

There are 3 wards (Truong Thi , Tran Quang Khai and Tran Dang Ninh ward) where have

PAHs. Specific affected locations are the Tham Len collective (Group 32 in Truong Thi ward);

alley No.55- Nguyen Van Troi Road (in Tran Quang Khai ward); alley No.150 -Luong The Vinh

Road (in Tran Dang Ninh ward).

The total area of land acquisition expected to recover including:

- Residential land: 456.1 m2 with 81 PAHs



- There are 1,259.3 m2 of lake recovered including: Det Kim lake (212.8m2) and Bang Ca

!.kc (11 1.5m2) ir. Trln Quang I(h& ~ z r d :n.rher~ tie^ Phmg cc~pera!il/e manages znd

keeps fishes; Tran Dang Ninh lake (935m2) in Tran Dang Ninh ward, where Nam Dinh

city People' Committee manages. There are 4 households have grown vegetable around

Tran Dang Ninh lake. Vegetable will be harvested before construction time.

Affected constructions in this package include: wall barrier and gate (882m2), some trees

and fishes (456.1m2).

Table 3.2. Household affected level

Data of project affected households and organizations, degrees of damages are detailed in

the Annex 2.

7.4

Results of affected household investigation and consultation - Component 1 (including 3

packages 7.2, 7.3, 7.4) show that the households are very clearly aware of the necessity of the

project and the benefits which they get from the project completed. In addition, the impact level

of the project by land acquisition per household is small (typically <5m2). So many affected

households (1 501168 of interviewed households) are ready to voluntarily donate their land to the

project implementation. There are 511 50 HHs whose land is recovered from 10-15% of one. They

have signed in the land contribution commitments which are confirmed by the representatives of

urban and local governments.

HH whose their

bussinesslproduction

affected

0

0

Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE

Resettled

household

---- 0

0

Package

8 1

Total , 176

PAH

8 1

Affected

176

household

partly

6 3

32

7.2

0

63

0

0

7.3 ~ 32

0

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase I1

4. SOCIAL - ECONOMIC DESCRIPTION OF THE PROJECT AREA - -

.I'he Soclo-kconomlc survey has been ~mplemented slnce the period of June to August 2008.

60 affected households (the package CP7.2), 27 households (the package CP7.3) and 74 affected households (the package CP7.4) were investigated

Table 4.1 Results of social investigation

1 1 1 Ha Long Ward l 5 4'

1 B I Package CP7.3 1 27 I 2 Tran Te Xuong Ward

1

2

I 1 Total I 161 1

45

Ba Trieu Ward

Vi Hoana Ward

* Household demography

1

74

74

3

C

1

a) Package CW.2

Cua Bac Ward

Package CP7.4

Truong Thi Ward

The total number of interviewed households in (27.2 is 60 households. According to

registration, there are 221 inhabitants, including 108 males (48.8%), 113 females (51.2%). The

average number of people per household is 3.73. (According to investigation, there are 224

inhabitants, male: 109 (48.6%) and female: 115 (51.4%)). Percentage of men and women in the

project area are equal each other.

In the 60 households in the affected area, there are two (02) sub-household cases, which

have 2 households living in the same house inHa Long Ward; in Tran Te Xuong ward there are

not any sub-household, only 1 household living in a home.

In the project area in construct package CF7.2, there is 01 family in preferential treatment

policy - householder's is a wounded soldier.

b) Package CW.3

The total number of interviewed households in CP7.3 is 27 households. According to registration,

there are 102 inhabitants, including 48 males (47%), 54 females (53%). The average number of

Vietnam Water, Sanitation and Environment Join Stock Company - VlWASE 16

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase I I

people per household is 3.4. (According to investigation, there are 116 inhabitants, male: 51

(44%) ar?? female: 6';; (56%)) .

There is one (01) sub-household in Ba Trieu Ward; in Cua Bac and Vi Hoang wards, there are not any sub-household, only 1 household living in a home. There is not any family in

preferential treatment policy

C) Package CW.4

The total number of interviewed households in CP7.4 is 74 households. According to registration,

there are 264 inhabitants in Truong Thi ward, including 130 males (49.2%), 134 females (50.8%).

The average number of people per household is 3.57. (According to investigation, there are 272

inhabitants, male: 133 (48.1%) and female: 139 (51.9%)). Percentage of men and women in the

project area are equal each other. There are 6 families in preferential treatment policy.

Table 4.2 Inhabitants in a household

I 1 Inhabitant 1 Inhabitant 1 Package

CP7.2

Ba Trieu -r- Total

Ward

H a Long

Tran Te Xuong

(according to investigation)

108 48.8%

CP7.3

Male

30 44.8%

(according to registration)

78 50.4%

Cua Bac

Total

Table 4.3 Household scale

Female

37 55.2%

Male

30 45.5%

Vi Hoang

Female

36 54.5%

77 49.6%

115 51.4%

1

3 5.2% 4 8

CP7.4

L-

I

7 9 7 8 49.6% 1 50.4%

113 5 1.2%

27 443%

130 49.2%

130 49.2%

Truong Thi

Total

CP


109 48.6%

1 25% 54

CP7.2 Tran Te

34 55.7%

47% 1 53% 134

50.8% 134

50.8%

Wards

Ha Long

3 42.8%

5 1

1

28 42.4 %

4 57.2%

65 44% 139

48.1% 139

48.1%

38 57.6%

56% I

133 5 1.9%

133 51.9%

01 person

2.2

quantity

0

(%)

0

2-4 people

31

quantity (%)

5-7 people

68.9

9 60.0

quantity

4

(%)

26.7

>8 people

12

quantity

2

Total

(%)

13.3

quantity

26.7

(%)

15 , 100

1 2.2 45 100


CP7.4

Table 4.4 Inhabitant types of household

26.6

3 31.2

100

40.7

I

CP7.3

Total

66.6

50

68.8

0

59.3

Truong Thi

* Education level

16

5

5

1

11

3 5.1 60 100 1

3

CP

CP7.2

CP7.3

CP7.4

a) Package CP7.2

Total

Ba '1 rleu

Vi Hoang

Cua Bac

Total

3

4.0 1 1 51 68.9 19 25.7 1 1.4

Through surveys on the education level of people in the region, in general most people are

1

0

0

0

1.7 40

1vv (

100

100

1001

U

0

0

0

Wards

Ha Long Tran Te Xuong Total

Ba Trieu Vi HOang Cua Bac

Total

Truong Thi

popular worker therefore population graduated Secondary and High school is very high. In Ha

l U 0

0

0

4,o

-

Long ward there is 13.4% of 61 people only graduated primary school and 5% in Tran Te Xuong

5

11

0

16

U ( ---- 0

0

0

ward. The percentages of graduated university are 7.4% in Ha Long ward and 21.6% in Tran Te

1v ( 16 1 I

27

51

74

KT 1

Xuong ward. The percentages of graduated from SecondaryIHigh school are 70.2% in Ha Long

100

quantity

15

44

59

9

16

1

26

74

ward and 62.9% in Tran Te Xuong ward.

68.9

( ) 100

97.8

98.3

90

72.2

100

96.3

100

KT2

b) Package CP7.3

quantity

1

I

1

I

The percentages of graduated primary school are 7% of 43 people in the Ba Trieu ward,

12.1% in Vi Hoang ward and 14.3% in Cua Bac ward. For graduated college / university, the

percentages are 18.6% in Ba Trieu ward, and 0% in Vi Hoang ward and Cua Bac ward. The

19

KT3

( )

2.2

1.7

10

3.7


KT4 I Tdng

quantity

25.7

(%) quantity

1

quantity

15

45

60

10

22

1

27

74

(%) (%) 100

1001

100

100

100

100

100

100

1.4 74 100


percentages of graduated from SecondaryfHigh school are 74.4% in Ba Trieu ward, 87.9% in Vi

Hoang ward and 8 5 7% in CY?. Rac ~ u a r d

C) Package CW.4

Similar to other areas, in general most people are are popular worker therefore population

graduated Secondary and High school is very high, accounting for 79.6%. The percentages of

graduated primary school level are 6.9% of 260 people (not including 12 young children) in

Truong Thi ward. For graduated college/ university, the percentages are 13.5% in Truong Thi

ward.




Table 4.5 Status of education level

CP

CP7.2

CP7.3

Wards

Ha Long

Tran Te Xuong

Total

Ba Trieu

Vi Hoang -

Total

Truong [I_

Wordblindness

quantity

1

12

18

(%)

14.3

10.3

6.9 CP7.4

Total 18

Primary school Secondary school

7;: -

I00

6.9

-

quantity

c9 8

17

3

8

2

28

98 --

(%)

14.8

5.7

8.4

7

12.1

35

High school

6

52

58

10

16

28.6

24.1

37.7

13.5

61

University

quantity

100 9.8

36.9

28.7

23.2

24.2

4

68

109

Post graduation Total

(%) (%)

4 1

47

88

22

42

57.1

58.7

4 1.9

quantity

quantity

quantity

67.2

33.3

43.6 -

5 1.2

63.7

8

3 5

6.9 -

13.5

(%)

5

34

39 -

8

8.2

24.1

19.3

18.6

quan- - tity

(%)

Resettlement Action Plan - lVam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II

Structure of occupation decides incomes and expenses of household. It is easy to realize

that occupations of residents living in low-income areas are mainly workers, housewife or retired

therefore their income is relatively low. Particularly, average income of the affected people is

420.000 VND/ month in Ha Long ward and 437,000 VND /month in Cua Bac ward. In Vi Hoang

ward, average income is the highest , but only 637,000 VND/ month.

Because of low income, these households spend quite economical. When asking about

expenses of household, most of interviewed households answer that they spend money mainly for

eating. In addition, spending for health and education are also important. After satisfying

essential needs, they just concern about clothes and entertainment. Through surveying in the field,

all interviewed households (100%) have no savings.

Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE 2 1


Table 4.7 Monthly average HH's incomes

Income

Table 4.8 Expenses item of household

* Infrastructure in the project area

Electricity system : According to results of the investigation, the percentage of HHs

used electricity is 100% and all households have separate electricity meter.

Clean water system: According to investigated data, 100% of households living

surveyed areas are using clean water of Water Plant.

Using energy: energy main sources used by households are gas, hive-coal stoves,

electric range, leaves and wastewood. However, the percentage of using these energy types

is quite different between different areas. Using gas to do cooking is the most common in



the CP7.3 areas (81.5% of households), then to the CW.2 areas (33.3%) , and only 4.4% the

CP7.4 areas. Similarly, the percentages of households using hive - coal stoves are 65.5% in

the CP7.2 areas, 18.5% in the CP7.3 areas and 94.6% in the CP7.4 areas. - ~arhroom, roiier: Tnrough ciaca surveyeci in cine fieia, iGG% 'nousehoicis in iiit:

project areas have bathroom and toilet and. There is not any temporary toilet. However, type

of toilets is also various among regions. Septic toilet is the most popular (in the CP7.3 as

89.396, the CW.2, the CP7.4 as 86.7% and 62.2%, respectively). The percentages of using

semi-septic toilet in the CW.2, CP7.3, CP7.4 areas are respective 8.3%, 10.7% and 27%.

However, there are few areas using toilet bin such as the CP7.2 area (5%) and the CW.4

(10.8%).

According to survey results, in general, facilities of households in the project area is

quite convenient. The percentages of modem conveniences such as television, motorcycle,

desktelephone, refrigerator, VCD, washing machines, air conditioners are quite high.

* Legal status of land and house

a) The package CW .2

Surveyed areas are low-income residential areas in Ha Long ward and Tran Te

Xuong ward. Based on local authorities' information, most affected areas are residential

land. Currently, all households either have got BOLUC or they are pending the certification.

Through surveyed data, there is not any household claiming on land. In Tran Te

Xuong ward, most households have been stably since the end of 1980, and in Ha Long ward

affected areas are land that delivery to HH for living a long time.

Most houses in the area are fourth-level, the households have been living stably for

longtime. The percentage of the fourth-level is 95.4%, and third-level is 4.6%, no temporary

house. Most residents have privated house, accounting for 93.3% in Ha Long ward and

100% in Tran Te Xuong ward. The percentage of houses built legally is high, 93.3% in Ha

Long ward and 100% in Tran Te Xuong ward.

Based on upgrading community Plan, most affected households in the project area

are on small alleys. Results of survey in Tran Te Xuong ward show that this percentage is 95.6%, and there are only 2 households located on Phu Long road, accounting for 4.4%. In

Ha Long ward, 100% of the affected households located on small alleys. Some households

in Ha Long ward locates along the drainage channel.

b) The package CW .3

Most affected areas are residential land. Currently, most households have got

BOLUC or they are pending the certification. There is not any household claiming on land.

The households have been living stably for longtime. The percentage of the fourth-

level is 91.4%. 100% residents have privated house and built legally. All affected

households in the project area are on small alleys

c) The package CP7.4 Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE 24

Resettlement Action Plan - Nam Dinh city Llrban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II

All affected households locate in Tham Len collective, Truong Thi ward. Most

households have been stably for longtime. Most affected areas are residential land.

Currently, all households have got BOLUC or they are pending the certification. There is not

any h o ~ ~ s e h o l d claim in^ on land

The percentage of the Four-house is 97.396, and Three-house is 2.796, no temporary

house. 100% of residents have privated house and built legally. There is not any affected

household located on mainly road.

Table 4.9 Legal status of land

Table 4.10 Legal status of house

Total

* Status of urban environmental sanitation

The households in the areas of the improving and upgrading project located mainly

on small alleys where are often flooded or near drainage ditches which are obstructed.

Therefore, environmental pollution in the areas raises alarm, odour pollution reeked from

channel, solid waste. Risk of epidemics is very serious where there are many Mosquitoes


other documents

Pending BOLUC

Land included

rent houses

Total

BOLUC CP

Qn

CP

CP7.2

CP7.3

CP7.4

Stay with a relative

Qn 15

45

60

10

16

1

27

74

74

Wards

Qn 2

2

1

1

2

3

3

-

Qn (%, 100

100

100

100

100

100

100

100

100

CP7.2

CP7.3

(%) 13.3

3.3

10

6.25

7.4

4.1

4.1

Qn

-------

Wards

Ha Long Tran Te Xuong Total

Ba trieu

Vi Hoang

Cua bac

Total

Truong thi

Total

(%)

Rent the

0 ffice

----

H a Long TranTe Xuong Total

Ba Trieu

Vi Hoang

Cua Bac

Total

(%) Qn 13

45

58

9

15

1

25

60

10

Qn 1

1

Rent individual

1 CP7.4

(%) 86.7

100

96.7

90

93.75

100

92.6

100

100

74

74

(%) 6.7

1.7

Qn

Privated house

Truong Thi Total

71

71

100

100

(%) Qn 14

45

59

10

16

1 27

74

74

95.9 ~ 95.9 1

(%) 93.3

100

98.3

100

100

100

100

100

100


and Flies .... Most residents expect that the alleys, ditches will be improved, upgraded soon.

They greatly sympathize with the project's views. When the inhabitants were asked "Is the

living environment polluted?". 100% of interviewees answered that "Yes".

- ~nrough surveyea data, when the inhabitants were asitea a b o u ~ causes oi

environmental pollution, most interviewees agreed that water pollution is main cause, then

to flooding, dust and solid waste, dank residence and air pollution.

* Health, education condition and social service

Health: in investigated areas, there is not any disabled. However, the results show

that residents 'health habit seeing a doctor every 6 months or 1 year is low, average about

10%. Most of inhabitants just go for a medical examination when they have health

problems. The families often choose City hospital, the Health centre or medical station to go

for a check-up. However, about 25% of patients still buy medicines by own experience or

their habits without doctor instruction. All the wards in the project area have got medical

station.

There are primary school, secondary school, kindergarten and nursery school in all

wards in project area. All school age children attend to go to school.

Upgraded areas are in inner Nam Dinh city, so there are markets and temporary

markets in the wards. Telecommunication system is relatively completed, the households

can register using telephone and internet



5. LEGAL FRAMEWORK AND POLICY

The resettlement action plan will apply the various laws, degrees, and circular regulating use of land in Vietnam as well as the World Bank policy.

The following laws of the Socialist Republic of Vietnam applied are:

- The Constitution of the Socialist Republic of Vietnam, 15 April 1992;

- The Land Law, dated on 26 November 2003,

- Decree No. 18 1/CP dated on 29 October 2004, regulating land law implementation

- Decree No. 188/CP dated on 16 November 2004, regulating method defining price and price framework for land categories

- Decree No. 198/CP dated on 3 December 2004, regulating land use cost

- Decree No. 197/CP dated on 3 December 2004, regulating compensation, assistance, resettlement when the state acquires land

- Decree No. 17/CP dated on 6 February 2006, regulating modification, supplementation land law implementation guideline Decree.

- Decree 131/2006/ND-CP dated on 9 November 2006, regulating management and using ODA loan.

- Decree 84/CP, 25 May 2007, additional regulating issuing land use right certification, land acquisition, land use right, procedure of compensation, assistance and resettlement when the state acquires land;

- Decree No. 123/CP 27 July 2007, modify and supplement some items in Decree No. 188/CP 16 November 2004, regulating method defining price and price framework for land categories

- Decision No. 507/2007/People committee of Narn Dinh, 12 February 2007, regulating policy of assistance and resettlement when the state acquires land in the provincial area.

- Decision No. 16/2008/People committee of Narn Dinh, 6 August 2008, on adjusting level of assistance and resettlement when the state acquires land in the Decision No. 507/2007/People committee of Narn Dinh.

- Decision No. 3194/2007/People committee of Narn Dinh, 20 December 2007, on regulation of price of land categories in the provincial area.

- Decision No. 15/2008/People committee of Narn Dinh, 29 July 2008, on plant and animal (aquaculture area) price to compensate and assist site clearance when the state recovers land.

- Decision No. 02/2008/People committee of Narn Dinh, 6 March 2008, on unit price of compensation, assistance of houses, constructions, when the state recovers land.

- Resettlement framework of the project

- The other relevant Regulation and guidelines.

The Land Law of 2003 gives people access to land through land-user rights which is similar as individual property. Some of the important issues relevant to land usage, acquisition can be summaries as follows:

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



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

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

bequeath, or use their land as collateral.

c ) The People's Committees at all levels (Province. District. and commune) are responsible for the administration of land use in their localities; the People's

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

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

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

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

is defined in GoV Degree No 197/2004/ND-CP of 3 December 2004 which includes

infrastructure projects.

e) Before land is expropriated, the land user must be informed of the reason for expropriation, time schedule and plan for relocation, if necessary, and options for

compensation.

5.2 World Bank Policy on Involuntary Resettlement

Involuntary resettlements under development projects, if unmitigated, often give rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; community institutions and social networks are weakened; kin groups are dispersed; cultural identity, traditional authority. Thus the World Bank policy regulated by OP 4.12 includes safeguards to address and mitigate these impoverishment risks.

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

a. Involuntary resettlement should be avoided where feasible, or minimized exploring all viable alternative in project design;

b. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the person displaced by the project to share in project benefit. Displaced persons should be meaningful consulted and should have opportunities to participate in planning and implementing resettlement programs.

c. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

5.3 Policies to be applied the VUCTP project

Compensation policy in subproject Nam Dinh City Urban Upgrading will comply with the resettlement plan framework (RPF) accepted by both Vietnamese Government and the World Bank. The RPF has been cleared and approved through the Official Document No. 211/VP5 dated September 9, 2003 and the Official Document No. 1513lCP-NN dated November 4, 2003 by the Nam Dinh Provincial People's Committee and Prime Misnister of Vietnamese Governmnent respectively.

The main rules in resettlement policy to be applied include:

a. Minimizing land acquisition or property effect and resettlement via examine and select the optimal solution.

b. All project affected people, irrespective of tenure status, social or economic standing, will be entitled to be compensated or assisted for their lost assets, incomes, and

Vietnam Water, Sanitation and Environment Join Stock Company - VlWASE 28


businesses at full replacement cost and provide with rehabilitation measures sufficient to assist them to improve or at least restore their pre-project living standards, income levels and productive capacity. Lacking of legal right of affected properties will not interfere project affected people obtaining living recover

c. Any person who, prior to tne cur-off-dare, iived, woriiea or nas property in the affected areas or has other adversely affected due to the project implementation shall be entitled to compensation and assistance.

d. Compensation and rehabilitation will be provided as a substitution, or replacement cost paid without depreciation.

e. The closer replacement of land and agriculture soil to original place, the better, and accepted by affected people.

f. PAPs are assisted fully for replacing with supported cost of replacing and other compensation, assistance cost basing on replacement price of land, houses and other properties

g. Plans, activities relevant to land acquisition and resettlement should be based on consultation of affected people as well as community and local government of the project area

h. Assurance of previous public services will be maintained or better done

i. Effective and timely design, plan, implementation of resettlement and recover will be carried out to prevent unnecessary slowdown and lead to unprofitable consequences to project affected households. Besides, it is necessary to have internal and external monitoring to all resettlement activities.

j. Defining time of resettlement implementation, compensation and recover to ensure available land for replacement as well as resettlement before carrying out the project. Do not make land acquisition when affected people have not received compensation, assistance and enough time to build a new house yet.

k. Monitoring resettlement is implemented regularly with affected people participation

*Compensation policy

a) All PAPS living in the Project area before the cut-off date, which is established as the date that the planned components was publicly announced, are entitled to compensation for their losses and/ or to rehabilitation assistance. Lack of legal rights or titles do not make them ineligible for entitlements

b) The PAPS will be compensated at full replacement and substitution costs, and relocated or resettled in consultation with them. The preliminary compensation rates for replacement and substitution cost will be proposed to the PAPS to give them an opportunity to compare them with the prevailing market rates.

c) The Provincial/City authorities will give preferential treatment to PAPS reconstructing their houses on their own, and to obtain the necessary property titles and official certificates. Land will be compensated in cash or land for land according to PAPs' choice.

d) PAPS who want "land for land" will be rehabilitated by providing them with land plots or apartments in a new residential area nearby. The resettlement area will be planned and designed properly. All infrastructures will be provided such as paved roads, sidewalks, drainage and water supply, and main lines for electricity and telephone

e) PAPS who want "cash for land" will be compensated at the replacement cost, plus a cost for fees and taxes, to be used for their own purchase of replacement landlhousing. Compensation in cash for all residential, commercial or other structures will be paid at the



replacement cost of these structures, without any depreciation of the structure and without deduction for salvageable materials. The PAPs will be provided full assistance for transportation of personal belongings, household inventory and salvaged material, and will be given a relocation allowance in addition to the compensation at replacement costs of their hczses, !?rids 22d ether prcpz?i~s. The rehehilitetion transitinn period will he rninimi~ed by providing cash compensation at least 2 months prior to the expected start-up date of the Project construction.

g) For PAPs relocating in a resettlement site, payment of compensation and relocation activities, including construction of houses at the relocation site, will be completed at least 30 days prior to the start of the civil works. Compensation and rehabilitation assistance must be completed at least 30 days prior to the taking of the assets for non-relocating PAPs and 60 days for self-relocating PAPs.

h) Resettlement plans will be implemented in consultation with the PAPs. In the resettlement area, community infrastructure and services will be built and improved, so that the PAPs will have access to these services. Effective and timely design, planning and implementation of resettlement and rehabilitation measures will be conducted to avoid unnecessary delays and consequent inconveniences to the PAPs

i) Financial and institutional services will be arranged for loans and other activities associated with resettlement. The method of loan repayment, instalment period and amounts should be acceptable to the PAPs. The instalment amounts and the schedule of payments for substitution housing and/or land will be within the repayment capacities of families. The capacity to pay will be established before the PAPs and the financial institutions make formal agreements

j) Institutional arrangements will be made for internal and external monitoring of all important resettlement activities.

* Project Affected People (PAP)

PAP can be a person, a household, an organization or government damaged by the project implementation, including:

- Land is influenced permanently or temporarily

- Houses or constructors, plants, farm produce, other properties are affected

Theses influences may lead to:

- Losing benefits, rights totally or partly of land, houses or properties of their own

- Houses, careers, business, living environment are affected

- Incomes and living standard are declined

* Compensation policy of the project

PAP will have right of compensation policy (compensation and assistance) suits to principles of Vietnam and WB. Affected one will not receive compensation or any assistance if they break into the project area after the cut - off date.

For some special cases (poor or under preferential treatment policy families) verified by local authority, they will be examined separately to get assistance by compensation Council.

*Conditions for land compensation (article 8, decree 197/2004/CP)

Whom their land are acquired by Government, have one of the conditions, will receive compensation:

1. Certification of land use right suits to principles of land law


Resettlement Action Plan - Narn Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase ll

2. Decision of land allot of government authorities suits to principles of land law

3. Households, individuals are using land steadily, verified by commune people Committee that there are no conflicts, have one of the documents:

a ) Documents of land use right prior to the 1 5Ih October 1993 assigned bv authority during implementing land policy of the republic democratic of Vietnam, the republic temporary revolution of Southern Vietnam and the society republic of Vietnam

b) Certification of temporary land use right assigned by government authorities or have names in registered book of land, book of land survey.

C ) Legal documents of inheritance, award of land use right or properties connecting to land; allot documents of affection houses connecting to land

d) Land use transfer and deal documents of houses connecting to land prior to the 15"'. October, 1993, verified by People Committee that land was used before the 15Ih, October, 1993

e) Legal liquidate, price of house, buying houses documents

f) Documents assigned by authorities in the old regime

4. Land using households, individuals have one of the documents stated in item 3 of this Article are on the documents named by others, with documents about land using transfer right signed by stakeholders, however at land acquisition decision time, no transfer procedure is done, now verified by People Committee that land has no conflict

5. Land using households, individuals have household registration book at the local area and directly involve in agriculture, forestry, aquaculture, salt works in difficult social - economic condition in mountainous, islands, verified by the People Committee at present that they have used land steadily, without conflict.

6. Land using households, individuals have no the documents which stated at items 1,2,3 of this Article, however the land has been used steadily prior to the 15Ih , October, 1993, verified by the commune People Committee that no conflict of land using is known.

7. Households, individuals can use land as stated at the judgement or decision of the court, executive decision or decision of dealing land conflict of government authorities which were implemented.

8. Land using households, individuals have no documents stated at items 1, 2, 3 of this Article but the land was used from the lSh , October, 1993 to the time of land acquisition decision, at the time using land they do not break the plan, do not break secure corridor of constructors, approved by the authority, in public announced, landmark set up; not an illegal land occupation, verified by the commune People Committee that there is no conflict

9. Households, individuals use land which the Government decided to manage in land policy implementation, however in fact the Government have not managed yet, the households, individuals still use the land.

10. Community are using land which have pagodas, temples, communal houses in the village, ancestral temples verified by the commune People Committee that the land is used for public and no conflict

11. Land using organizations in the following cases:

a) Land is allotted by the Government with land use cost but the cost is not original from government budget;

b) Land was transferred from legal land using person, cost of land transfer is not original from government budget;



c) Land has legal origin of households, individuals

Voluntary land donation

For Component 1 (urban upgrading in the low income areas), residents of the low Ir?rnmc areas ?n hc upgraded are direct heneficiariec, whn are expected to contribute to the construction cost of the upgrading. The level of the contribution will be agreed in the Community Upgrading Plan for each community. There are 150 DPs who are marginally affected on residential land, who want to contribute affected land in lieu of a cash contribution (42 HHs- package 7.2) and voluntarily donate small piece of the affected land to the project in parallel with cash contribution to the project (108HHs).

Main principles o f voluntary donation:

- Households are fully informed of project compensation and resettlement policies

- Truly voluntary

- Households decide themselves scale of land recovery for project purpose and scale of voluntary donation

- Small scale impact (<lo% of land area and non displacement)

- Appropriate grievance mechanism

Proced~ires for determining and documenting the voluntary donation:

- Provide full information about the upgrading component, including compensation and resettlement policies as well as voluntary donation principles to the people

- The community chooses optionlscale of land recovery for subproject purpose in the process of developing Community Upgrading Plan

- According to the agreement, there are 1501168 voluntary donated the affected land. The rest (l8HHs) will be compensated.

- Land and lost assets inventory and applied compensation cost will be given to each household.

- Households sign in the level of land donation. There are also 81HHs who donate small affected structures (fence wall..). The remaining losses, included all kind of structures and utilities will be compensated.

- Disclose land donation and compensation information in the public places

Monitoring:

- The PMU has reported on voluntary land donation to the City People's Committee and the World Bank before its implementation. This issue will continue to be monitored and reported regularly to the City'sPC and the World Bank for the concurrence.

- Independent monitor will double check 20% of voluntary land donation households to verify the voluntary nature of the donation and to assess whether the DPs suffer a substantial loss affecting their economic viability as a result of the donation.

"Entitlement policy

Land compensation - assistancelsup~ort

Project affected land users meet conditions of compensation stated at the article 8, Degree 197/2004/CP are entitled to 100% compensation of the land lost at replacement costs.



PAP have not enough conditions of compensation stated at the article 8, Decree 197/2004/CP are assisted with 60% compensation of the land lost at replacement costs.

PAH will select land compensation and assistance mode as follows:

PAP to use the affected land i s entitled to cash compensation for acquired land at replacement cost or "land for land" equivalent productive capacity a location acceptable to the PAP. In the case the remaining land is not enough for house or structures rebuilt and if the PAP want to have full land compensation (including the remaining land), they can opt for land compensation at equivalent productive capacity or cash compensation at 100% of replacement cost.

PAP have enough conditions of compensation for land acquisition but in progress of conflict deal will get compensation with 100% of replacement cost and only get the amount of money when the conflict is solved.

Compensation-assistance for damaged houses and constructions

PAPs have affected houses and structures regardless of the legal status of the land are entitled to 100 9% compensation of the house and structures lost at replacement costs by cash. Cost reduction for depreciation or salvageable materials will not be made.

PAPS Renting Government Hocises and Structclres

PAPs renting Government house and structures affected by the project will be

entitled to cash assistance equal to 60% of the replacement costs of the rented land area plus

60 % of the replacement costs of the rented floor area of the structure.

Compensation for the loss o f plants and crops

PAP who lose annually and perennial farm produce will get 100% compensation or assistance in money according to regulations.

Affected equipments

Households having affected equipment (water tanks, electricity metter, water metter ...) affected will receive a compensation amount of 100% of the replacement price.

Compensation policy for temporary impacts in the construction time:

Where their land and assets attached to land are temporarily affected, households shall reserve the rights:

- To compensate for all affected assets attached to land at the replacement price

- To restore the land to the pre-displacement level or improve land quality

- To compensate for loss of incomes during the land being appropriated by the project

For compensation for damages to ho~isehold and pclblic struct~~res in constr~ction time:

"Compensation policy for impacts on production and business:

To compensate and support for damages of income for production households, collectives, private enterprises during construction.

"Compensation policy for damages due to constractor

Contractors shall promptly restore damaged structures to the status quo after finalizing their work.

According to specific provisions in the Construction contract, contractors are required to take special precautions in avoiding damages to assets within the implementation phase. If damages arise, contractors have to make immediate compensation to households,



communities or State bodies in accordance with compensation levels applicable for other assets damaged by the project. Moreover, the restoration of damaged assets to their original quality must be done right after finalizing construction and installation activities.



6. IMPLEMENTATION ARRANGEMENT

Sub project Nam Dinh Urban Upgrading is implemented by the city People Committee. Structures of implementation arrangement and an overview of key responsibilities forlin every levellunit participating in implementation of project resettlement can be described as follows:

6.1 Provincial People's Committee

Provincial People's Committee is the highest authority agency to reserve the right to approve the Resettlement Plan for sub project of the province and decide sub project resettlement-related issues, including

a) To direct, organize, propagate, and mobilize all organizations and individuals about compensation, support and resettlement policies, and implement the Site Clearance basing on land acquisition decision of authorities.

b) To direct departments, divisions and City people's Committee implementing the assigned tasks.

C) To approve or assign district-level People's Committees to approve compensation, assistance and resettlement.

d) To approve land prices; promulgate the property price tables for compensation calculation; prescribe mode on support; resettlement mode, alternative career training basing on assigned right.

e) To direct the concerned agencies to settle citizens' complaints, denunciations related to compensation, support and resettlement according to their law-prescribed competence.

a) To make sure that it is equivalent and unbiased to examine and decide compensation and resettlement when Government withdrawn land basing on right at this Degree.

f) To decide or assign the district-level People's Committees to apply coercion to cases of deliberately failing to abide by the State's land recovery decisions according to their competence.

g) To direct the examination and handling of violations in the compensation, support and resettlement domain.

6.2 City People's Committee

City People's Committee (CPC) is an adminitrative organization. City People's Committee have responsibilities on compensation, planning support and resettlement for PAP including:

a) To Establish and guide the Site Clearance and Compensation Council surveying and identifying land price for compensation-resettlement , mode of locally suitable assistance, making and approving implementation of compensation mode

b) To direct, organize, propagate, and mobilize all organizations and individuals about compensation, support and resettlement policies, and implement the Site Clearance basing on land acquisition decision of authorities.

C) To coordinate with related departments, divisions, organizations implementing investment project, establishing resettlement area at local basing on arrangement of the provincial people's committee.

d) To collect and evaluate reports, update data of compensation and resettlement given by resettlement -compensation Council, reporting regularly to the provincial people's committee on related issues to implementing RAP


Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase I I --

e) To solve complaints, denunciations of inhabitants on compensation, assistance and resettlement; decision of coerce and coerce for authorized cases; coordinate with functional departments implementing coerce

6.3 Provincial departments, divisions

Investment - Planning Department:

The Department has responsibility for managing whole short and long term plans and social economic development program of the province. The chairman board- Committee evaluate and approve project belonging to the Department has responsibility for making budget plan annually including budget for compensation and resettlement.

Department of Finance:

a) To coordinate with related departments to submit to the PC for approval of land and assets prices.

b) To guide on making record of compensation, allowance and resettlement.

c) To examine the payment of compensation, allowance and costs for implementation of compensation, allowance and resettlement.

Department of Natural Resources and Environment:

a) To guide the defining of types of land, land areas and conditions for entitlement to compensation when land is recovered by the State.

b) To determine level and scope of impact, recovered land area in order to create a basis for calculating compensation and support to all subjects.

c) To coordinate with the Department of Investment and Planning and the Department of Construction in order to submit to the PC for decision on scope of land to be recovered for the project.

Department of Construction

a) To guide the defining of scope, areas and legality of construction works connecting closely with land recovery.

b) To preside coodinating with related departments to determine prices of dwelling houses and architecture works constructed on lands in order to calculate compensation value for the PC's approval.

c) To coordinate with authority agencies to determine the position and scope of resettlement areas.

Department of Transportation

To manage activities relating to public traffic, public services of water run off and provide, environmental sanitation and public constructors in Nam Dinh.

6.4 Construction and Investment Management Unit1 Site clearance Unit

Project management unit is representative for investment Head having responsibility for managing and implementing of Project including resettlement activities. Project management unit includes technical, financial, administrative and site clearance/resettlement parts. Main tasks of Management uint includes: selecting consultant and tenderer basing on guidance of WB and Vietnam Government for collection, preparation, submission project documents to obtain approval; annually financial reporting and budget planning, contract sign with consultant and tenderer, monitor, transfer constructor completed by consultant and tenderer, payment procedure; and preparation, implementation of compensation-resettlement with main following functions:


Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading -- tertiary infrastructure - Phase II p-pp--2p-p-.-

a) To support making and updating resettlement plan, compensation mode, assistance and resettlement for the project and submit authority for approval.

b) To coordinate related departments ensuring implementation and management effectively compensation-resettlement basing on made principles and objectives.

c) To disseminate information, announcing RAP at local; answer questions of PAP as well as PAH

d) To establish a mechanism on budget allocation for compensation, assistance payment and resettlement for PAP.

e) To prepare recurrent reports on implementation RAP and documents necessary for the project.

Site clearance Unit: belonging to Nam Dinh city construction and investment management Board, is an unit in charge of site clearance activities with missions:

a) To implement site Clearance activity, the project is approved by authority in Nam Dinh city basing on legal regulations and principles of Nam Dinh city people's committee and guideline of the city people committee on site clearance.

b) To participate site clearance Council and being a permanent department of the Council.

C) To coordinate with commune people's committee, Construction management Department and related units, organization of allotting resettlement land for resettlement households, fund management of resettlement land

d) To being dealt with investment head implementing site clearance of projects in Nam Dinh city for the projects which the city people's committee is not the investment head. Make and submit budget balance of site Clearance legally.

e) To manage finance, property and staff according to regulations of the province people's committee and current regulation of Government.

f) To implement other assigned missions of City people's committee

6.5 Compensation and resettlement Council

Compensation - Resettlement Council (CRC) was founded at city level, suit to regulation of Decree 197/2004/ND-CP and regulation of Nam Dinh province people's committee.

Resettlement and compensation Council will coordinate closely with site clearance Board, project management Board in related issues to resettlement and compensation. Component of resettlement - compensation council: chair or vice chair of city will take position of compensation council chair, other members includes representatives of departments such as finance, land survey, construction, reprentatives of social organizations, representatives of PAP. The council works basing on team's principles and majority. Responsibilities of compensation and resettlement Council are:

a) To make, submit and implement compensation, assistance and resettlement mode

b) To ensure coodinating between land acquisition and compensation payment and constructors at the same time; compensation payment and resettlement; operation and make necessary solutions to support resettlement activities; consultant and information, keep public relationships effectively among stakeholders in implementing RAP.

c) Compensation, assistance and resettlement Council Chair has responsibility for leading council members making, approving and implementing compensation, assistance and resettlement mode, has responsibility for correction, appropriation of data, law of



compensated or non - compensated properties in compensation and resettlement mode.

d) Cooperate closely with independent moniroing department.

6.6 Commnne peope's committee

Commune PCs are responsible for cooperating with functional agencies to confirm land, properties and supporting PAH meeting organization; to carry out studies and campaigns that the inhabitants should adopt site clearance. Propaganda content includes land recovery purposes, policies on compensation, support and resettlement of the project.

6.7 Independent Monitoring Organization

Independent Evaluation can implement by Research Organization, University or NGO that is specialize in social science. These agencies will implement surveys of economic social, monitoring, and evaluation of implementation of RP. Reports of Progress Evaluation and suitability of RP and related proposals is needed to prepare quarterly.

7. COMMUNITY PARTICIPATION AND CONSULTATION

7.1 Activity principle and objective

*Activity principle

Ensuring participation of local authority, related organizations and displaced persons

into the project in order to speed up project implementation conveniently. Announcing

information for PAP and involved agencies is an important part for project preparation and

implementation. Consulting to affected people and ensure that they participate into the

project positively. This will 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 the

displaced persons, and thereby maximizing the economic and social benefits of investments.

The objectives of the public information and consultation program are as follows:

a) To ensure that local authorities, as well as representatives of PAPs, will be included in the planning and decision-making processes. .

b) To fully share information about the proposed project components and activities with the PAPs.

C) To obtain information about the needs and priorities of the PAPs, as well as receiving information about their reactions to proposed policies and activities.

d) To ensure that PAPs are able to make fully informed decisions that will directly affect their incomes and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them.

e) To obtain the cooperation and participation of the PAPs and communities in activities necessary for resettlement planning and implementation.

f) To ensure transparency in all activities related to land recovery, resettlement, and rehabilitation.

7.2 Methods of community participation and consultation

Main methods are used in resettlement community - based management including:

- Public announcement: through communication campaign with public media such as televition, radio at communes, poster, leaflet.



- Community meeting at project sites

- Group foundation and discussion makes information channel for PAP participating in planning and implementing the project.

- Interviev!ir.g direc!!:~ r e ~ ) r e ~ e ~ ? t ? . ! i l ~ ~ ~ nf the hni-!srlhn!ds tn have an asreenlent of their rights.

- Establishing council including related groups to plan, monitoring the project and have community's participation.

- Developing grievance's procedure and solution

In process of consultation, to strengthen participation of community and stakeholds, should considering some points:

- Identification and attract participation of all stakeholders including benefit receivers and affected people.

- Developing stragegy of community - based plan, implementation, monitoring and evaluation of the project.

- Listing completely and in detail requests for communication campaign and information advertisement as well as developing steps for PAP to negotiate their rights

- Attracting participation of stakeholders in decision process in all implementation steps (for example: compensation mode; compensation mode selecting, resettlement plan of PAP.. . .)

- Developing time frame to complete activities such as information campaign, solution mode and compensation level, conditions of compensation, moving areas and plans.

- Developing program of community - based compensation and resettlement management.. . .

- Involving assistances of public organzations (such as women association, farmers'association, veteran's organization, Fartherland Font.. .) in related issues of community consultation and participation.

7.3 Consultation during project preparation

At the beginning of project preparation, Nam Dinh authority, the Departments andleaders of authoritative levels in project areas are informed about the project, objectives and activities of project. They are consulted for ideas and participate positively into discussion of development demands and priority of local. Local authority and people who were consulted to their agreements and undertake to implement Resettlement Policy be described in Policy Framework of the project. This policy reflects all policy objectives of World Bank and Vietnam Government.

Participatory of the local people in preparation step is implemented through plan making from October, 2007 to June, 2008, including:

- Project introduction: meeting and announcing to institutions, authorities and communities at the project site. Public media w i l l inform o f the project

- Indentification of community developing: community meeting with participatory of local authorities, unions, community representatives to discuss, recommend demand of developing and participatoring of community.

- Developing technical opinions basing on design standard, principles of the project and capacity of communities. The recommended mode is approved by Project



--

Management Unit, functional institutions and send to communities for consulting and suggesting.

- Community consultation: community meeting for acknowledging households' participatory and their ideas of selected technical mode as well as environmental impacts, influences of land acqulsltion, compensation modes, assistances and resettlement of the project.

- Agreement of mode selection: complete consultation of recommendations and agreement with representative of management Board, consultation, commune authorities and community representatives.

Information announcement and community consultation of communes in the project site are implemented via community meeting, households consultation with survey on social-economic and impacts of the project. The project site's community and PAHs are involved in all plan making including participatory and being consulted fully about impacts of land acquisition; rights, compensation, assistances, resettlement policy; desire to have incomes restoration . .. Social survey is carried out with 95% of PAHs at project affected areas.

* Voluntary contribution

Most households in the project area have received information about the policies of the project. The households expect that the project is implemented as soon as possible, most households supported with land volunteer contribution to upgrade infrastructure of the residences.

Table 7.1 The number of households who contribute land voluntarily (Volunteers)

7.2

Specially, there are 81 PAHs (package 7.4) who contribute not only their land but also affected properties such as fence, gate etc.

7.4

Total --

* Compensation cost

Number of

PAHs

63

Based on Decision No. 3194/2007/People committee of Nam Dinh, 20 December

I 7.3 1 3 2

1081150 PAHs (package 7.3 and 7.4) who contribute land voluntarily also participate in contributing 3% of cost for project construction. For 42 PAHs (package 7.4), their contribution of voluntary land cover the 3% of one to construct the project.

2007, on regulation of price of land categories in the provincial area, the Consultants

Interviewed I Volunteers The rate of

8 1

150

I

8 1 81

communed with the households about land compensation cost. Through the community

meeting with affected households, they support the project, however, the land price is still

PAHs

60 I

27

176

lower (about 15% to 20%) than the market one.

volunteers (%)

42 70

2 7

168

Based on Decision No. 02/2008/People committee of Nam Dinh, 6 March 2008, on

1

unit price of compensation, assistance of houses, constructions, when the state recovers

land. The Consultants communed with the households who their constructions are affected. Vietnam Water, Sanitation and Environment Join Stock Company - VlWASE 40

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading -- tertiary infrastructure - Phase I I -

Through the community meeting, the Consultants known that the affected households

support the project but they recommended that compensation prices must be satisfactory.

Through communing with the affected and unaffected households, and businessman of

)_rui!?.ing materials I n the Inca!, it ' q w i d that the 11nit price of construction issued by People

committee of Nam Dinh is close to market cost.

The affected area by the project is located in residential areas and most of them are

in small alleys. Therefore there are only affected ornamental plants without plants and farm

products. The households in the project area are ready to replant or move their ornamental

plants to other unaffected areas hence they are not interested in unit price of trees or farm

products.

7.4 Consultation Proposed During Implementation

During project implementation, project management unit, local authorities, with assistance by the project consultants, will undertake the following:

- Provide detail information on policies and schedule to Compensation and resettlement committee and related organizations at all levels.

- Conduct information dissemination to and consultation with PAPS throughout the life of the project.

- Update the city unit prices, and confirm land recovery and impact in properties

through a Detailed Measurement Survey (DMS) in consultation with PAPs.

The Compensation and resettlement Committee will then apply prices, calculate compensation entitlements, and complete the Compensation Forms for each affected household.

DPs will be received the Compensation Form, showing the household's affected assets and compensation entitlements, will the need to be signed by the DPs to indicate their agreement with the assessment. Any complaints form DPs have about the contents of the form will be recorded and solved at this time. Consultation regarding PAPDPs preferred option for rehabilitation support. This applies to severely affected and vulnerable DPs. The Compensation and resettlement Committee will inform PAPS of options and entitlement to rehabilitation support before asking them to indicate preferences for such rehabilitation support.

Consultation activities and participartory of communities and PAPS can be carried out through the following ways:

Communities meeting

Communities meetings in each commune are carried out to give information regularly to PAPS and create opportunities to discuss openly on policy and procedure of resettlement in affected areas. All affected households will be attended and suggest their ideas. Related information and documents on project content, impacts and rights of PAPs are send to affected people directly in meetings.

Public announcement

By means of public communication such as broadcasting station - television, presses combined to use leaflets with simple content and easy to understand so that they can be imparted necessary information for the project, State policies to all PAPs.


Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II --

Besides, these Resettlement Policy Framework and Resettlement Action Plan are also announced widely in public information centers of the city, Site clearance and compensation Boards, commune of Project areas.

8. PROCEDURES OF GRIEVANCE REDRESS

Any grievances and complaints of DP about compensation right, compensation policy, compensation cost, land recovery, resettlement and rights related to programmes of restoration support will be acknowledged and solved by functional authorities of level. Social organizations in local such as Fatherland Front, Famer Union, Women Union, Representative team of households of and so on are mobilized to positively participate into procedures of grievances redress of DP.

Effect time for complaint is 90 days from the date of announcement of the compensation and assistance/support policy.

A four-stage procedure for redressing grievances is proposed as follows:

Step 1: Complaints forms DPs on any aspect of resettlement programme or unsolved losses will firstly submit to Ward People's Committee or Nam Dinh city construction and investment management Unit /Site clearance unit in a written form or meeting directly. PMU will coordinate with related agencies of the city in order to redress these grievances. These grievances need to be solved within 15 days from the date of receiving grievances.

Step 2: If within 15 days from the date of registering grievances that are disagreed or reconciled, in addition if DP does not receive the feedback of their complaints, they can appeal to CPC and CRC. Grievances need to be solved within one month from the date of receiving original grievances. CPC, CRC need to have a decision within 15 days from the date of receiving grievances.

Step 3: If DP are not satisfied with the decision of City People's Committee, the case may be submitted for consideration by Province People's Committee and Provincial compensation and resettlement council. They will have a decision of grievance redress within 15 days from the date receiving grievances.

Step 4: DP still not satisfied with the decision of Province People's Committee and Provincial compensation and resettlement councilor in absence of any response from them. The case may be submitted for consideration Administrative Court in order to be solved by fixed law.

During the time of waiting for grievance redress, including disputes, displaced persons also have to relocate and transfer their land according to stipulated plan.

All documents of complaint and grievance and solution measures will be stored in Local People's Committee and office of project management Board.

9. IMPLEMENTATION SCHEDULE

Site clearing plan of the project and implementation schedule are made in detail in resettlement plan for the project. Implementation schedule is as follows:

1. Announcing information

Meetings of information announcement will be hold in affected wards in order to announce to communities about:(i) scope of the project; (ii) impacts , (iii) inherited rights for types of losses and damages, (iv) Operation schedule staring with study of detailed design, (iv) responsibilities of organization, and (v) mechanism of complaint and grievance. Popular documents (pictures and books) of project implementation will be prepared and delivered to all displaced persons in meetings. Information announcement and ideas receiving of the inhabitants are carried out regularly during the project implementation

2. Establishing compensation and resettlement council Vietnam Water, Sanitation and Environment Join Stock Company - VlWASE 42

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project

The City will establish Compensation and Resettlement Council (CRC)once after the project es approved with representatives of project management Board, related institutions, local government and PAPS

3. Training for resettlement staffs

When once Council on CRC is established, all resettlement staffs of the project management unit, CRC and local staffs will participate into training courses with the support of consultants. Training subjects will include.

Objectives of RAP;

Principles, policies, and entitlements of the RAPS;

Consultation and information dissemination methods

Implementation steps, procedures, and schedule;

Grievance redress mechanism; and

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

4. Preparing land survey Department, making overview plan of compensation, assistance and ressettlement

Preparing completely necessary documents on detail plan, land map, information of land acquisition's area. Making an overview plan with main contents: (i) legal basic, (ii) overvew information on land area, properties and affected subjects, (iii) compensation levels;( iv) cost estimatation, cost source and implementation process.

5. Approving the overview plan and announcing on land acquistition

Once after the overview plan is approved, land users will be announced of land acquisition's reason, compensation, assistance and resettlement level's anticipation, time of replacing and handing over the ground.

6. Updating replacement cost

During the designing process, The People's Comittee will annually update compensative unit-prices (for land) by the replacement cost, and adjust the benefit to keep pace with the inflation The cost adjustment will conducted through consultation of affected people and the local authorities

7. Detailed measurement survey

After inhabitants receiving land acquisition decision, land claim, listin, affected properties and source definition, detailed measurement survey . . . .. will be carried out.

8. Making and submitting a detail plan of compensation, assistance and ressettlement

Site clearance unit of the city has responsibility to price and prepares compensation forms for every affected ward. These tables will be appraised cost and quantity of affected assets and DPs' entitlements so on by the project management Board, compensation Council, functional Departments before posting them at each ward for DP to review and comment. All compensation forms must be checked and signed by the DPs to indicate their agreement.

9. Compensation and allowance

Money for compensation and subsidireis will be paid in Site clearance and compensation Board, commune people committee under the supervision of representatives of Site clearance and compensation Council.

10. Supervising and evaluating


Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II - --

Supervising and evaluating internally as well as indepently should be done regularly during implementation of land acquisition to have explicitness of the project guaranteed

Land acquisition should be done before the tenderer receiving the ground for construction.


SP =JS~N\IA - Auedluo3 7 3 0 ~ s u!oy l u a w u o ~ ! ~ u ~ pue uo!lel!ueg ale^ w e u l a ! ~

I - - - :awy snonu!iuo3s!a

d a ~ m s snsua:, PUB iuawa~nseaw palyelaa

I----

iuawn3op da~lns puel dn 8upias fjjeis iuawaIiiasa1

ioj 8uru!e.11 :aaiiywwo3 iuawalliasal Bu!ys!1qeisa :sa!i!A!Pe IEII!U! ay,L

1uawLed uoddns pue uopesuadwo3 ayL

Resettlement Action Plan - Nam Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II --

10. MONITORING AND EVALUATION

10.1 Objectives

Monitoring and evaluation activities should be carried out during the impiemenraion pnase ana after tine resetriement pnase in order io cnsurc iilai i a d 1.ewvcl.y

and resettlement are carried out in accordant with regulations and guidelines which are showed in detail in resettlement plan. Monitoring provide all stakeholders with continuous reflects about implementing situation. This activity helps to asses real successful ability and difficulty which is occurred immediately if possible in order to create conditions for dressing in time during the phase of project implementation.

Objectives of monitoring and evaluation activities are to (i) reviewing project activities which are completed effectively or not, including quantity, quality and time; (ii) assessing these activities reach the goals and objectives of the proposed project or not and how is the level of achievements.

Nam Dinh city construction and investment management Board, implementation agencies as well as independent monitoring organization regularly supervise the implementation of resettlement activities.

10.2 Internal monitoring

Internal monitoring implemantion of RAP is implemented by Investment management and construction Board of Nam Dinh City cooperating with departments of the city and commune people committee. The project management Board will monitor process of preparation and implementation of resettlement through announcing quaterly progress report.

Main content of internal monitoring activity:

- Making clearly basic information of all PAPS about lost, damage, compensation, assistance with different levels' evaluation basing on compensation policy being described in RAP.

- Checking activities of subsidize payment, technical assistance, replacing; restoring incomes and rights to have restoration assisted; announcing information and consulting communities.

- Monitoring RAP is carried out exactly llke appoved design.

- Assuring financial source for RAP is implemented timely and fully basing correct objectives

- Accknowleging and solving timely complaints, grievance of inhabitants as well as existed issues need attention about management

- Monitoring closely of land acquisition's completion.

10.3 Independent monitoring

In order to assure information completed and unbiased, implemention agencies will assign one independent organization having responsibility of monitoring and evaluating independently. Independent monitoring may be carried out by external research organition or consultant which has experiences of resettlement independent monitoring having selected by tenderer. Common objective of independent monitoring is to provide evaluate result and examine independtly result of resettlement objectives, changes of living and working standard, incomes restoration and social basic of affected people, results, impacts and sustainablility of right, necessary to have more methods of minimiing damages if and when, and to have experiences for policy making and planning then. This independent



monitoring should be started as soon as the plan is being approved. Independent monitoring report should be made quaterly submitting related agencies.

The main indicators of independent monitoring and evaluation will include of:

f! Payment of comnensation will be as follows: (a) full payment to be made to all affected persons sufficiently before land recovery; (b) adequacy of payment to replace affected assets.

g) Provision of technical support for house construction to DPs who rebuilding their structures on their remaining land, or building their own structures in new places as arranged by the project, or on newly assigned plots.

h) Provision of income restoration support.

i) Public consultation and awareness of compensation policy: (a) PAPs should be fully informed and consulted about land recovery, leasing and relocation activities; (b) the monitoring team should attend at least one public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed; (c) public awareness of the compensation policy and entitlements will be assessed among the PAPs; and (d) assessment of awareness of various options available to PAPs as provided for in the RAP.

j) Displaced persons should be monitored regarding restoration of productive activities.

k) The level of satisfaction of PAP with various aspects of the RAP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored.

1) Throughout the implementation process, the trends of living standards will be observed and sumeyed. Any potential problems in the restoration of living standards will be reported.

10.4 Monitoring methodology and reporting

Survey

A socio- economic survey is initial foundation of RAP preparation, monitoring, and evaluation. The survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan.

PRA will be applied by project survey. Monitoring will be on a sample basis. The sample size should be 100% of relocating households and severely affected farmers, and at least 20% of all other households.

A Post-Resettlement Evaluation will be carried out 6 months or 1 year after completion of all resettlement activities.

Database Storage

Project monitoring and evaluation is based on database system. It will contain drawing, figures and files on PAPs surveyed and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implementing agencies and the project management unit

Reporting

Internal Monitoring Report: is required to prepare during the resettlement and land recovery process. The implementing agencies will be required to submit the report as part of general progress report.

The implementing agencies will coordinate with CCCs to collect information and data concerning to resettlement and displacement process for submitting findings of monitoring and evaluation. The report should contain: Vietnam Water, Sanitation and Environment Join Stock Company - VIWASE 47

Resettlement Action Plan - Narn Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase II -- -

- A report on the progress of RAP implementation (number of DP by type of loss and compensation, relocation and rehabilitation schedule by each component. budget allocated to project activities or compensation and disbursement amount for each activities. ..

- Grievance and redressing output (if any);

- Issues arising during implementation (if any) and solutions;

- A report on progress of the resettlement and updated report on the coming time.

Independent Monitoring Report: is prepared before, during and after resettlement. The report need to reflect the followings:

- Determine internal monitoring output;

- Assess whether the resettlement objectives have been achieved; how PAP living standard and income improved and rehabilitated.

- Review whether the resettlement entitlements are appropriate with PAP'S conditions.

- Evaluate effectiveness, impacts and level of the resettlement sustainability; lesson learned for planning and developing resettlement policy framework in future.

11. COSTS AND BUDGET

The Project's resettlement cost is prepared based on the updated compensation unit cost by the Province which reflects the replacement cost at market price of all affected assets. The consultation on component 1 (6-812008) and actual evaluation show that there is not much difference between the annual land unit price stipulated by Nam Dinh People's Committee and the actual exchange price at localities. The maximum difference between the province's unit cost and market price is 20%' according to the public consultation with the community (PAPS and non-PAHs) and local authority, surveyed unit price of all land types at real estate agencies, and the organization in charge of fixing affected asset price. On the other hand, the PAP will benefit from the project by environment condition to be improved.

During the further calculation of the Project's compensation and assistance cost, if there is still great difference between compensation unit cost by the Provincial People's Committee and the actual price of land use right transfer in the market, Council for Compensation, Assistance, and Resettlement should appeal to PPC for proper adjustment.

Cost estimation for the various RAP activities is specified in the cost tables below. Funds for implementing resettlement activities will be from counterpart funds excluding independent monitoring. This cost will be taken form the credit.

Nam Dinh construction and Investment management Unit will disburse amount of land recovery, support and resettlement of the project through Site clearance Unit. The Unit will pay directly for PAHs.

Table 11.1. Estimated cost for compensation and resettlement activities of the project - Component 1, Phase 2

No


A

Items ppp

Package 7.2 Estimated cost for infrastructure

1

Amount (1,OOOVND)

Quantities

Unit price (1,OOOVN

D)


Estimated cost for infrastructure upgrading grade 3 connecting to

Residential land (m2)

187,200

66,862

1,330

139,418

3,239

1,500

1,44 1

665.2

224

42.4

124.8

46.4

2

622.4

76.4

1 : 1 ~ ~ ~ ~ ~ , l a n d ( m 2 )

2

3

4

4

5

Sub-construction

Wall-fence (m2)

Garden land (m2)

6

5 Yard (m2)

Sub-construction

Wall-fence (m2)

1 Sub-total II

10.4 1

Yard (m2) ----

1 111

1 869,468 1

IV -

V

78

6,053

49,280

9.1 665,2

156.8

Communication

Total Contribution of resident (1.1+1.2)

81 1

220

40,000

Independent monitoring

Management cost 2% (I+II) ----

1,554,155

187,170

Estimation cost 7.2 P P

224

42.4

0 B

I -

Vietnam Water, Sanitation and Environment Join Stock company - VIWASE -

4 9

6,648

--

Package 7.3 Estimated cost for infrastructure

grade 3

1

2

25,350


House

558.7 1,500


Temporary house (m2) 4 281 1 1,6861

I

1 4

5

11

111

IV

I I Total 1,205,651

40,500

1 3,440

956,908

Communication

Independent monitoring

V

4500 1

224

Gate

Tree

Sub-total I

Management cost 2%(I) ----

) Estimation cost 7.3

9

60

--

19,138

Contingency 1 O%(I+II+III+IV)

Contribution of resident (1.1)

40,000

80,000

109,605 I

838,050

C Package 7.4

1

5

6

Estimated cost for infrastructure

11


Wall-fence (m2)

Yard (m2)

Sub-total I Estimated cost for infrastructure upgrading grade 3 connecting to grade 1,2

1 I Land (m2)

1 1 Sub-total 11 1 i i 234.973 1

3

456.1 --

882.4

456.1

1.259.3


Fish

111

1,500 224

42.4

7 8

684,150 -

197,658

19,339

901,146

98,225

888.3

Communication 40,000

7 5 66,623

Resettlement Action Plan - Narn Dinh city Urban Upgrading sub-project Component 1 - Upgrading tertiary infrastructure - Phase I I

1 I Total 1 1 1 17406,725 ) Contribution of resident (1.1 +

Table

1 Estimation cost 7.4 624550 1

1 3 1 Estimation cost component 1 1 2.358.936 1

1 1.2 Genaral expenses

The total site clearance and resettlement cost is estimated at around VND 4,166,531,000, which is equivalent to USD 238,087 (exchange rate: VND 17,500 = USD 1). In which, the contribution of residential people is estimated at around VND 1,807,595,000. It include their affected land and assets. This cost estimate is different from the total site clearance and resettlement cost in the Feasibility Study Report, infrastructure Upgrading grade 3 phase 2 - Narn Dinh City (Package 7.2; 7.3; 7.4). Latest regulations of Nam Dinh People's Committee on compensation, assistance, and resettlement have been updated in this report's site clearance and resettlement cost estimate, and the rates applied to activities have been adequately and reasonably calculated.

Estimated cost for project implementation will be updated basing on detail design and time of land acquisition.

Amount (1.000VND)

4,166'53 1

1.807.595

No

1

2


Items

Total cost for component 1

Contribution of the resident

ANNEX 1. ENTITLEMENT MATRIX

/ No 1 Type of loss / Definition of entitlement person I Entitlement i

Land users under dispute

1

DPs are entitled to compensation at 100% of replacement cost. DP only have received compensation cost when the dispute are resloved (this cost DPs are compensated with level of 100% replace price. DP only have compensation when conflict is solved (that amount of money will he deposited at one account basing on regulations)

Land users disqualified to be DP are entitled to compensation at 60% of replacement cost by compensated

Loss of house/ No distinguishing owning and (i) Compensation for affected constructions with 100% of replacement price. structures and using condition No deducting for salvaged materials or value's deduction. other assets (ii) Compensation price being calculated on real affected area, Cost reduction

Loss of land

-- 3 Loss of standing Lost crop farmers.

Land user meet the condition of compensation

(i) Compensation for all properties on affected land basing on replacement price (ii) Recovering land completely or improving it better. -7 (iii) Compensation for loss of incomes during encroached time by the project

DP will be entitled (i) Cash compensation for acquired land at 100% of replacement cost, ar d (ii) Buying resettlement land as regulation

4

households temporarily (i) Compensation and assistance for loss of incomes for producing -1 coordinating group, private business during implention. (ii) Compensation for affected properties with replacement price

crops and trees Temporary impact during construction

Land and properties owners on affected land temporarily

I No I Type of loss 1 Definition of entitlement person I Entitlement I !

Damages on private and public (i) Tenderer is requested to pay the compensation once for

schools,~bridges, factories, water 1 sources, roads, wastewater

) systems, irrigating systems

constructors by tenderer

5

communities, organizations, agencies which are damaged by constructing. (ii) Losses should be repaired once to recover construction

Loss of community assets

Communes, streets, administrative management units have damaged houses, public architectures,

The Project has to assure that the infrastructures are recovered or rt:paired depending on each case and communities have not to pay for that cost

Annex 2. Project affected household's information and affected level (component 1)

Residental Land Garden Land House I

Affected Remanet Affected Existent Affected Head of Household Address Existent area Site

area area percent area area arecz house

No

12 -

13 - . -

Head of Household

Tran Van Hong - -

LeThietThuc . .- -. -~ -. -

14 .~~~~~

15 ~

House

Type of house

4.0

4.0

Residental Land Garden Land

Address Affected Remanet Affected Existent Affected A ffecled

Existent area aretz

Tran Duc Mai ~-

~ - .. - ~

Vu Van Nga -. . . -- . . .- -. ---

4.0

4.0

701181 .

7411 8 1

4.0

3.0

4.0

4.0

4.0

3 .0

3 .0

4.0

4.0

76/18 1 - ~~ -~

m2

82.4 . . .~~

.. .

2.:. .~ ~.

16 . . ~

29.2 0.8 28.4 ~. ~ . . ~ . .-

~ - - -~ .-- . -~ ~ ~ . - -- ~-~ - ~ ~~ -- - - ~ . - -~ - -

25 Tran Dinh Nghiem 95/18 1 136.3 2.8 133.5 2.1 3 ~ - - - ~~ .- . ~ ~ -- - - -~ . - ~- - . - --PA--- - .. - - ~ - .

26 Pham Thi Nhu 911181 141.8 4.2 137.6 2.9 3 -- - - - . ~ ~- -- ~ . ~ ~ -~ ~ . . - ~. ~~ ~ ~- - ~~ ~-

m2

0.5 ..

- -- -

7811 8 1 - - - . - - - ..

2.7 - -

4.0 ~~

4.0

229.9 1.6 ~ ~~ ~. -. . -

~

3 . ~

Tran Thi Duoc -- . - .

19 .-

m2

82.0 - -

.-..-.--.P.--.-.

8011 8 1 --

33.5 4.4 29.1 ~ - . ~ ~ ~ ~

17 -

3 -~ . ~~

228.3 ~ ~ ~ . ~.~ - -

97.3 2.5 - . - - . - .. ~.

20

Nguyen Cong Hung ~.. --- - -. ~- -~ .- -~.. -

~ ~~ .

90

0.6

3 ~. ~~

13.2

Tran Dinh Dung - - ~ ~.~ P~

59.4 0.7 ~ ~

..~ - ~

0.7 ~ .. -

94.8 - ---. ~ ~ - ~ ~ ~ --

2 1 Ngu yen Van Diep 10711 8 1 60.7 4.2 6.9 3 - ~ ~ - - - - - .- . -. ~ - . - - . . . ~ ~ ~ . -- -~ -- ..~ ~ ~ - ~. ~. - ~-

22 Phan Van Hai 105l181 30.7 1 .0 3.3 3 1 .O ~.~ . .. ~ ~

~ . - ~ ~ . - ..~ ~ . ~ - ~ - -- -. -- - - ~ - -- - - . ~~. - ~~ - .-- ~- .

23 Nguyen Thanh Hai 103118 1 62.7 5.2 8.2 3 . ~ . . - - -- ~ . ~.-- ~

24 Vu Van Bong 991181 65.8 4.3 61.5 6.5 3

18 . - . - ..

821181

Bui Xuan Thiem ~. ~~ - ~ -~ ~

3 . - -~ --

3

2.5 ~

3 -

58.7 . ~ - ~ -

3 ~. ~ ~ -.

86/18 1 -~ - . ~

~

~ . ~.

Luu Duc Ngu - ~ ~

1.2 ~ -. -

21.3 5.9 -. - - -~~ ~ .~ -~

15.5 ~ ~ . -

5.51

m2

_

~ .~

3 - -.

~- . ~ -

- -.-. ~

721181 ~

27.4 .~~ -- -

. - . -

352.1 24.4 . -- ~- -.

~ . - ~ ~

- -- .---- ~

84/18 1 - - ~

327.7 .

m2

. --.-

- . - ~ ~ - P

..-- ~ . - . -.

81.5 3.1 . ..~ - -

78.3 ~- .

3.9 ~ - -. ~ --

6.9 ~

3 - ~ ~ - .~ - ~ .-

24:1

Cua Bac Ward

Alley 68 - gate 75 -

. --

VlET NAM URBAN UPGRADING PROJECT - World...

Documents

Transcript of VlET NAM URBAN UPGRADING PROJECT - World...