ABBREVIATED RESETTLEMENT ACTION PLAN

Transcription

Public Disclosure AuthorizedPublic Disclosure AuthorizedProject: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanSOCIALIST REPUBLIC OF VIETNAMMINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT IRRIGATED AGRICULTURAL IMPROVEMENT PROJECTPublic Disclosure Authorized(IAIP)ABBREVIATED RESETTLEMENTACTION PLANSUB PROJECT 1 - HOA BINH PROVINCEPublic Disclosure Authorized(Draft 2)Prepared byIAIPHoa Binh Provincial Project Management UnitJuly, 20131

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanTABLE OF CONTENTSABBREVIATIONS . 4Definition of terms . 5EXECUTIVE SUMMARY . 71. Introduction . 91.1. Project and Subproject Background . 91.2 Mitigation measures for adverse impacts . 111.3. Impacts of the Subproject . 112. Entitlements of the displaced persons . 132.1.The Legal Framework of the Government of Vietnam on Land Acquisition andResettlement . 142.3 Key Differences between the Government and WB’s Policy . 162.4. General Principles . 192.5. Compensation and eligibility to compensation. 202.6. Entitlement Matrix . 203 households . 243. Compensation and resettlement strategies . 283.1. Procedures for Payment of Compensation and Allowances . 283.2. Income Restoration Strategy . 283.3. Vulnerable Affected Households . 293.4. Gender Strategy . 294. Information disclosure and public consultation . 304.1. Information Disclosure and Public Consultation during the RAP Preparation . 304.2. Information Disclosure and Public Consultation during the RAP Implementation . 334.3. Grievance Redress Mechanism . 345. Implementation arrangements . 355.1 Central level . 355.2 Provincial level: Hoa Binh Provincial People’s Committee . 355.3 Hoa Binh Provincial Project Management Project (PPMU) . 365.4 District level . 365.5 Communal level and affected community . 365.6. Community level . 376. Monitoring and evaluation . 376.1. Internal monitoring . 376.2 External monitoring . 377. Cost estimate and budget . 387.1. Budget source for resettlement . 387.2. Compensation at replacement cost . 387.3 Resettlement cost . 388. Implementation plan . 40ANNEX 1. SUMMARY OF CONSULTATION MEETING MINUTE WITH STAKEHOLDERS . 42ANNEX 2. LIST OF PARTICIPANTS IN CONSULTATION . 44ANNEX 3. SOME IMAGES OF THE CONSULTATION . 462

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanLIST OF TABLES AND FIGURETable 1. Comparison between Vietnam compensation, assistance, and resettlement policy and theWB’s Involuntary Resettlement policy and other proposed policies of the Project . 17Table 2. Entitlement Matrix . 21Table 3. Summary of consultation results . 31Table 4. Cost estimate for compensation, assistance and resettlement. 39Table 5. Plan for preparation and implementation of the Resettlement Action Plan . 40Figure 1. Geographical locations of main works of WB7 Project- Hoa Binh . 103

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanABBREVIATIONSAHAffected householdAPAffected peopleCPCCommunal People’s CommitteeCPOCentral Project OfficeDCARBDistrict Compensation and Resettlement BoardDMSDetailed Measurement SurveyDOLISADepartment of Labor, Invalids and Social AffairsDPCDistrict’s People’s CommitteeHhdHouseholdIMAIndependent Monitoring AgencyIOLInventory of LossesLURCLand Use Right CertificateMARDMinistry of Agriculture and Rural DevelopmentMOLISAMinistry of Labor, Invalids and Social AffairsMONREMinistry of Natural Resources and EnvironmentPAHProject Affected HouseholdsPplPeoplePPMUProvincial Project Management UnitPMUProject Management UnitRAPResettlement Action PlanSESSocio-economic SurveyVNDVietnam DongWBWorld BankIAIPIrrigated Agriculture Improvement Project4

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanDefinition of termsProject ImpactsAny impact directly related to land acquisition or legal limits in landuse of the selected land area or reserved area. People directlyaffected by acquisition might lose their house, farming land, businessoperation opportunity or other livelihood means.Affected Peopleindividuals, organizations or businesses that are directly affectedsocially and economically by WB-funded projects caused by theinvoluntary taking of land and other assets that results in (i) relocationor loss of shelter; (ii) loss of assets or access to assets; or (iii) loss ofincome sources or means of livelihood, whether or not the affectedpersons must move to another location (those with livelihood impactedpermanently or temporarily). In addition, affected person is one forwhom involuntary restriction of access to legally designated parks andprotected areas that result in adverse impacts on livelihoods also.Cut-off dateCut-off date is the last day for eligibility or the baseline survey. Thesewho arrive in the area after the survey or cut-off date, wont’ beeligible for compensation or assistance. Affected households will beinformed of the cut-off date for each component of the project andanybody residing in the project area after this date will not becompensated or supportedEligibilityEligible persons are those residing in the area affected by the project,subproject or other components of the subproject and those (i) whoselivelihood is adversely affected (ii) with rights, ownerships orannouncement of rights on any land area (agriculture land, grazingland, temporary or permanent) or (iii) with productive assets such asthose for businesses, jobs, working space, residence or (iv) whoseaccess to assets is adversely affected (for example, fishing).Replacement CostIs the method used to identify the price of the assets to help calculatesuitable compensation to replace for the lost assets and fortransaction fees. For agriculture land, it is the market price before theproject implementation or at the time of compensation paymentdepending which one is higher, of the land that is equally productiveor with equal use value in the area near the affected land, in additionto the transaction fee to prepare for land to carry out production ofthe same value with the affected land, plus any registration fee or taxfor transfer. For residential land in the urban area, it is the currentmarket price of land at the time of compensation payment with thesame area and land use purpose and infrastructures and servicesequivalent or better than the old conditions and the land is near theaffected land.For other residential land and structures, it is the market price ofmaterials used for rebuilding replacement house/works with the sameor better area and technical standards of the affectedhouse/structure, plus labor fees and registration and tax if applied.During the identification process for replacement cost, assets andmaterials are not depreciated as well as other benefit values from theproject. When the domestic law cannot guarantee the standards forcompensation at replacement price, it is necessary to includeadditional measures to meet the requirements on standards andreplacement price. When this price calculation method is applied,depreciation of houses/structures and assets are not applied. Forlosses that cannot be easily calculated or compensated in cash (forexample, access to public services, customers and suppliers; oraccess to fishing, animal grazing or forestland), it is necessary togenerate access to similar natural resources and opportunities tosimilar income generating activities. These supports are separated5

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action Planand it is not the resettlement supports that will be provided.ResettlementInvoluntary Resettlement covers all the direct or indirect lossescaused by loss of land / assets restrictions to resources access.Resettlement is s not limit to physical resettlement. Resettlemententitlement might, depending on specific cases, include (a)acquisition of land and structures on land including those forcommercial purposes; (b) physical dislocation; and (c) economicrehabilitation for affected households to improve (or at least restore)their livelihood and income level.Vulnerable groupThese are distinct groups of people who might suffer disproportionatelyor face the risk of being further marginalized by the effects ofresettlement and specifically include: (i) female headed householdswithout support, (ii) disabled household heads, (iii) households fallingunder the generally accepted indicator for poverty issues by MOLISA,(iv) children and the elderly households with no other means ofsupport, (v) landless households, and (vi) ethnic minorities.6

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanEXECUTIVE SUMMARY1.Introduction. Hoa Binh Subproject 01 aims to improve and upgrade 9 turbine pumpstations, 01 electric pump station and canal system in 10 communes, namely Mai Hich,Phieng Ve, Xam Khoe, Thanh Hoi, Gio Nhan, Lo Son, Gia Mo, Tan Vinh, Cao Phong andTan My of districts, such as Luong Son, Lac Son, Tan Lac, Cao Phong, Mai Chau in HoaBinh province.This Resettlement Action Plan (RAP) was prepared for the “Irrigated AgriculturalImprovement Project (IAIP)”- Hoa Binh Subproject 01 funded by the World Bank. This RAPwas built based on the compensation and resettlement policy framework of the WB7 projectand the results from socio-economic surveys, inventory of losses and public consultation.This Resettlement Plan also presents the criteria, eligibility for compensation of land andassets affected by the subproject, description of the income restoration program,implementation arrangement, implementation plan, estimated cost, monitoring andassessment, participation in consultation of the community and grievance redressmechanism.2.Impacts and Scope of Land Acquisition. The Subproject causes impacts on 2communes of Mai Chau District and 1 commune of Tan Lac District in Hoa Binh Province. Atotal of 51 households are affected by the improvement and upgrading of 3 turbine pumpstations. Lands of 47 households are permanently acquired and 4 households are affectedon trees. No household’s houses or structures are affected and no household has torelocate. No household is severely affected due to loss of more than 10% of their productivelandholdings. Among the project affected households, 28 households belong to vulnerablegroup as defined by the Project. Of these, 17 households are ethnic minorities (06 Thaihouseholds and 11 Muong households). The Subproject will acquire 594 m2 of land areabelonging to 47 households. The Subproject does not impact rice-growing land but doesimpact 14 china trees and 594 m2 of groundnut.3.Mitigation measures for impacts caused by land acquisition and compensation.In order to minimize land acquisition impacts, the Design Consultant has conductedconsultation with the benefited communities and affected people during the preparation ofinvestment report to ensure that the subproject will cause minimum impacts on landacquisition of the people in the project area.4.Socio-economic status. The number of beneficiary communes of the subproject is10. In 3 communes affected by the construction activities of the subproject, agriculturalproduction is the main income source of people. The percentages of poor households andnear-poor households of 3 communes vary. While Xam Khoe Commune has a higherpoverty rate than the province as a whole, the poverty rate in Thanh Hoi and Pieng Vecommunes are much lower. The per capita income of affected households is VND 722,890per month. The level of education of the household members is mainly secondary school(accounting for around 48%). Among total number of the household members, there are 11%of them graduating from university.5. Policy framework and entitlement matrix. A resettlement policy framework wasprepared for the project. This policy framework was based on the current laws andregulations of the Government of Vietnam as well as involuntary resettlement policy (OP4.12) of the World Bank. This document will be a guideline for building resettlement plan andimplementation of resettlement in the subproject area. The general objective of the Policyframework and this abbreviated resettlement document is to ensure that all the peopleaffected by the subproject receive compensation for their affected assets with replacementprice and market price. Support will be provided to severely affected households, relocatedhouseholds, households losing income sources and vulnerable households so they canrestore their income level or living standard to at least pre-project level.7

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action Plan6.Consultation and community participation. Representative of the affected peopleparticipated in the public consultation for information and impacts of the subproject.Responses from the public consultation were taken into consideration and updated in thisRAP. There were two community consultations with 75 participants.7.Implementation arrangement. Resettlement, compensation and support works aremanaged and monitored internally by District Compensation and Resettlement Board(DCARB), Provincial Project Management Unit (PPMU), and Central Project Office. Duringthe implementation process, there should be close coordination between the implementingagencies such as DCARB, PPMU, local offices, communal staffs, local social organizationand people affected by the subproject. An independent monitoring agency will be hired tocarry out external monitoring of this RAP to ensure the desirable outcomes.8.Grievance redress. During the implementation process, any concerns raised orcomplaints by affected people will be resolved based on the regulated procedure in theresettlement plan of the subproject. Complaints will be resolved directly by the local authorityand project staffs in a fair and transparent manner with participation of the externalmonitoring agency. Those who file for complaints are not subjected to any administrativefees.9.Monitoring and evaluation. There are two monitoring and evaluation tasks whichwill be conducted during the subproject implementation. Staffs from Provincial ProjectManagement Unit (PPMU) and CPO will observe and monitor the implementation of RAPand internal monitoring activities. In addition, external monitoring consultants will be recruitedto monitor the implementation process and carry out evaluation on the living conditions of theaffected people throughout the implementation of resettlement plan and after theresettlement plan implementation is completed.10.Cost estimate. It is estimated that the total cost for the RAP is 3,197,842,375 VND(three billion, one hundred and ninety-seven million, eight hundred and forty-two thousand,three hundred and seventy-five Vietnam dong), equivalent to about 152,278 USD (onehundred and fifty-two thousand, two hundred and seventy-eight US dollar). This costcomprises of compensation for residential land, agricultural land, crop cultivation lands andsupport for livelihood restoration, preparation of RAP, such as detailed measurement,administrative management, contingency, and implementation of RAP. This cost will beprovided by the project counterpart fund.11.Implementation plan. Compensation, support and resettlement activities will becarried out during the 18 month period from June 2014 to December 2015 and the DCARBsof Mai Chau and Tan Lac districts are mainly responsible for the implementation.8

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action Plan1. Introduction1.1. Project and Subproject Background1.1.1. Irrigated Agriculture Improvement Project (IAIP)The Government of Vietnam proposed to the World Bank for a loan to carry out a projectcalled Irrigated Agriculture Improvement (IAIP) to provide support for development ofirrigated agriculture in 07 provinces in the Central Coastal and Northern mountainousprovinces including PhuTho, Hoa Binh, Ha Giang, Thanh Hoa, Ha Tinh, Quang Nam andQuang Tri. The proposed project consists of the following components (i) Improved WaterManagement; (ii) Irrigation and Drainage Scheme Level Improvement; (iii) Climate smartagriculture support services; and (iv) National Policy Development, Monitoring andevaluation of the project.Objectives of the ProjectThe development objective of the project is to improve the sustainability of irrigatedagriculture production systems in the selected provinces of Central coastal and Northernmountainous provinces of Vietnam. The project was proposed in the context of theGovernment priorities to restructure the agriculture sector, increase the efficiency or publicspending increase resilience to climate change and improve the broader framework forsustainable development of water resources. This development objective will be realizedthrough rehabilitation of irrigation and drainage services, provisions of complementaryadvisory services, and strengthening institutional capacity at provincial, scheme andfarm/community levels.1.1.2. Irrigated Agriculture Improvement –Hoa Binh provinceSubproject 01: Improvement and Upgrading of Turbine and Electric Pump StationsSubproject No. 01: Improvement and upgrading of 10 turbine pump stations and 1 electricpump station together with the irrigation system in 10 communes including Mai Hich,PhiengVe, Xam Khoe, Thanh Hoi, Gio Nhan, Lo Son, Gia Mo, Tan Vinh, Cao Phong Town,and Tan My belonging to 5 districts, namely Luong Son, Lac Son, Tan Lac, Cao Phong andMai Chau of Hoa Binh Province.Overall Objectives of Subproject 01The objectives of the Project will be achieved through the following specific activities: (i) theProject will provide the advisory activities in order to strengthen the institutional capacity atprovincial level, scheme and farm/community levels to improve irrigation and drainageservices,; (ii) support more flexible and more diverse land use, increase water use efficiency,and minimize adverse impacts on the environment (including greenhouse gas emissionsthrough a “Climate-Smart Agriculture” approach in different ecological contexts will); and (iii)design and introduce a water management approach based on water productivity toencourage institutional improvements at provincial, IMC and scheme levels.9

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action PlanSpecific Objectives of Subproject 01: Improvement and Upgrading of Turbine andElectric Pump Stations Assure supply of reliable gravity irrigation for 1,048 ha of agricultural land including648 ha of rice-growing land and 400 ha of land for growing oranges trees and othercrops. Supply domestic water for people and water for livestock husbandry purposes. Increase assured water-supplied area. Increase rice yield by 1.5 tons per ha (from 4.5 tons/ha to 6.0 tons/ha). Increase crops, from one-crop rice to two-crop rice. Increase area of rain-fed crops.Figure 1. Geographical locations of main works of WB7 Project- Hoa Binh10

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action Plan1.2 Mitigation measures for adverse impactsAlthough the construction activities of Subproject 01 are improvement and upgrading ofexisting pump stations, dams and canals, Hoa Binh PPMU and the Consultant still conductedconsultations with the Communal People’s Council (CPCs) and local communities in order tominimize adverse impacts caused by land acquisition and other negative impacts.The factors considered by the Design Consultant for mitigation measures by producingconstruction solutions include: Topography of the communes; Living standards of people in the area; Supply of materials and availability of materials in the area; Supply of infrastructure services.Based on these factors, Hoa Binh PPMU and Design Consultant have selected the technicalalternative which has the least impacts on land and assets of people and at the same timeassures the maximum irrigation capacity according to the design plan of the structure.Construction solutions are also selected as to mitigate impacts on the local communities.Duration for construction is also taken into account. Since the Project is irrigation project, theconstruction activities will be carried out during dry season as to not interrupt the watersupply.1.3. Impacts of the SubprojectSubproject 01 covers an irrigation area of 1,048 ha. The number of beneficiaries is 5,352households. The total number of persons benefited from Subproject 01 is 21,448 in whichethnic minority people account for 80.6% of the total.Turbine pump stations of Subproject 01 that need upgrading are existing structures;therefore, the subproject is mainly carried out on the existing work; therefore, the project landacquisition impacts are insignificant.1.3.1 Land acquisition impactsThe total land area used for 9 turbine stations and 1 pump station of Subproject 01 is 37,700m2. In which 37,106 m2 of land area is existing area of these stations and canals. Theupgrading and improvement of 3 stations, namely Bai Ve, Xuan Tien and Nhot will require anadditional land acquisition of 594 m2 from 47 households in Xam Khoe and Thanh Hoicommunes.Permanently affected land areaAll of the 594 m2 of land to be permanently acquired are agricultural land. In the past, peopleused agricultural land for growing 2 crops including rice and rain-fed crops. However, sincethe turbine pump stations have degraded, there is not enough water for rice growing;therefore, all 594 m2 have been used for growing groundnuts.The land area permanently affected belongs to 47 households in Xam Khoe and Thanh Hoicommunes. 38 affected households in Xam Khoe Commune lose 379 m2 with the average oflost area of each household is 9.9 m2. 9 households in Thanh Hoi Commune will have ahigher degree of impacts with a total area acquired of 215 m2. Thus, each household willhave an area of 23.8 m2 acquired.11

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action Plan14 out of 17 EM households will have a total of 271 m2 of their landholdings acquired, anaverage impact of 25.5 m2 per household. As described above, 100% of the affectedhouseholds in Thanh Hoi Commune belong to Muong ethnic group. The average area of landloss of 4 affected households in Xam Khoe Commune is 11.2 m2.All of the 47 households have Land use rights certificates (LURCs) to their affected landarea.Temporary impacts on landAccording to the investment report, the temporarily affected land area of Subproject 01 is12,500 m2. All of the temporarily affected area is agricultural land. The exact number oftemporarily affected households will be identified during the detailed design process.1.3.2. Impacts on Trees and CropsA total of 14 china trees and 594 m2 of groundnuts will be affected by the improvement andupgrading of turbine pump stations.14 china trees to be cut down are owned by 4 affected households in Pieng Ve Commune inwhich 10 affected trees belong to 3 ethnic minority households.The area for growing groundnuts to be affected by Subproject 01 is 594 m2 belonging to 47households. The average of lost area of each household is 12.6 m2.These impacts are assessed as insignificant and do not cause adverse impacts on people’sincome. There is no severely affected household due to loss of shelters or businesses. There is no household partly affected by loss of land, house or business but does notnecessarily have to relocate. There is no household impacted on auxiliary structures. There is no renter, labor, employees or landless people affected by the project.1.3.3. Severely affected householdsAmong 51 affected households, 47 households are affected due to permanent loss of landand crops and 4 households are affected due to permanent loss of trees. However, there isno household losing more than 20% (for affected households in general) and more than 10%(for ethnic minority households) of their agricultural landholdings.1.3.4. Impacts on Ethnic Minority communes and Vulnerable householdsEthnic Minority communesSubproject 01 is implemented in the communes where ethnic minority communities (EMs)are living. These EMs are mainly Muong and Thai groups, which are the second and fourthmost populous groups after Kinh people, respectively. Both EMs groups have relatively highdevelopment level.17 ethnic minority households are affected by the subproject, including 6 Thai households (3households in Pieng Ve Commune and 3 households in Xam Khoe Commune) and 11Muong households (2 households in Xam Khoe and 9 households in ThanhHoi);The affected EM households lose a total of 271m2 of agricultural land (land for growinggroundnuts) and 10 china trees (xoan). No ethnic minority household is affected on12

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh provinceAbbreviated Resettlement Action Planstructures or more than 10% of their productive landholdings. Among 17 affected EMhouseholds, there are 1 household headed by single woman and 1 poor household.Vulnerable households28 households belong to vulnerable group out of the total of 51 affected households including17 ethnic minority households, 5 female-headed households, 5 poor households, 1household with disabled member and 2 beneficiaries of the government social policy. Inwhich, 3 households are eligible for 2 criteria, which are 1 female-headed and poorhousehold, 1 female-headed and ethnic minority household and 1 poor and ethnic minorityhousehold; and no households affected 10% and higher of their productive landholdings.Since the subproject is mainly to be implemented on the existing structures, land acquisitionimpacts are not considerable. No household or community or ethnic minority group is at riskof of imp

This Resettlement Action Plan (RAP) was prepared for the “Irrigated Agricultural Improvement Project (IAIP)”- Hoa Binh Subproject 01 funded by the World Bank. This RAP was built based on the compensation and resettlement policy framework of the WB7 project and the results from s