Viet Nam: GMS Flood and Drought Risk Management and Mitigation Project Thuong Toi Tien Subproject

Transcription

1 Social Monitoring Report Corrective Action Plan September 2013 Viet Nam: GMS Flood and Drought Risk Management and Mitigation Project Thuong Toi Tien Subproject Prepared by the Department of Agriculture and Rural Development (Dong Thap Province) for the Socialist Republic of Viet Nam and the Asian Development Bank.

2 GMS Flood and Drought Risk Management and Mitigation Project THUONG THOI TIEN SUBPROJECT DONG THAP PROVINCE VIET NAM Ha Noi, September 2013 i

3 List of Abbreviations ADB CPC CPMU CPO DARD DCCS DCLFD DMS DOLISA DPC EA EMA GMS GOV HH LURC MARD NGO PC PPC RCS RDD RF RP VND Asian Development Bank Commune People s Committee Central Project Management Unit (under the CPO) Central Projects Office (under MARD) Department of Agriculture and Rural Development District Committee for Compensation and Site Clearance District Center for Land Fund Development Detailed Measurement Survey Department of Labour, War Invalids and Social Affairs District People s Committee Executing Agency External Monitoring Agency Greater Mekong Sub-region Government Household Land Use Right Certificate Ministry of Agriculture and Rural Development Non Government Organization People s Committee Provincial People s Committee Replacement Cost Study Resettlement Due Diligence Resettlement Policy Framework (for the Project) Resettlement Plan Vietnam Dong (currency) ii

4 Table of Contents EXECUTIVE SUMMARY... v I. BACKGROUND... 8 II. SCOPE OF LAND ACQUISITION BY THE SUBPROJECT III. FINDINGS OF THE DUE DILIGENCE Applied Policies on Compensation, Assistance and Resettlement Assessment of Level of Compliance Eligibility for Land Compensation Information Disclosure, Consultations and Local Participation Detailed Measurement Survey Compensation for Affected Residential Land Compensation for Affected Production Land Compensation for Affected Houses and Structures Compensation for Affected Crops and Trees Assistances for Affected Income and Business Assistances for Resettlement Assistances for Vulnerable Households Assistances for Income Restoration Relocation Site Preparation and Development IV. ACTION PLAN Issues To Be Settled Responsibilities for Implementation of Action Plan Budget for Implementation of Action Plan V. MINOTORING OF ACTION PLAN IMPLEMENTATION APPENDICES Appendix 1. List of Consulted Persons Appendix 2. Names of Surveyed and Interviewed Households Appendix 3. List of Meeting Participants Appendix 4. Consultation Summary Appendix 5. Filled up DMS Self-Enumeration Form and Agreed DMS Form Appendix 6. Payment Voucher of a Household Appendix 7. Minute of Meeting on Location Plots and Relocation Schedule Appendix 8. Term of Reference for External Resettlement Monitoring Agency Appendix 9. Monitoring Sheet iii

5 Lists of Tables Table 1: Completed Activities up to August, Table 2: Affected Lands by Communes Table 3: Numbers of Meeting Participants Table 4: Responsibilities and schedule for implementation of action plan Table 5: Detailed Budget for Implementation of Action Plan Table 6: Indicators for Monitoring Lists of Pictures Picture 1: Income-Business Affected Households (in Thuong Phuoc 2 Commune) Picture 2: Infrastructures Constructed in the Relocation Site Picture 3: Discussion with Vice-Chairman of the Hong Ngu DPC and Director of DCLFD on the findings and required measures iv

6 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject EXECUTIVE SUMMARY 1. The GMS Flood and Drought Risk Management and Mitigation Project (the Project) will be implemented in Cambodia, Lao PDR and Vietnam. The Project aims to improve the capacity of the countries and communities to prepare for, respond to, and recover from the negative impact of floods and droughts. 2. For Vietnam, the investments proposed comprise of three non-structural sub-projects and four structural subprojects to mitigate the adverse impacts of extreme weather events in two provinces (Tien Giang, and Dong Thap) in the Mekong Delta. The proposed structural subprojects are: (i) Go Cong water management improvement; and (ii) flood control system for Ba Rai Phu An area. With Dong Thap, the subprojects to be considered include: (i) Upgrading and rehabilitation of four primary canals in Plain of Reeds; and (ii) Bank protection for the Mekong river at Thuong Thoi Tien Town (Hong Ngu district). 3. With Thuong Thoi Tien River Bank Protection subproject in Dong Thap Province, compensation and assistances were provided to the affected households in September/October 2011 without the resettlement plan updated following the detailed technical design prior to ADB approval. Resettlement Due Diligence (RDD), therefore, has been carried out. The objective of the RDD is to examine (i) the compliance of land acquisition, compensation, assistances and resettlement with the provisions of national laws and regulations; (ii) the requirements of the approved resettlement documents (RF for the Project and RP for the subproject) and the extent to which these requirements have been satisfied by the subproject; and (iii) aspects where significant discrepancies exist between the observed outcomes of the land acquisition, compensation, assistances and resettlement implementation and the objectives of ADB Safeguard Policy Statement (SPS, 2009). 4. The subproject impacts on 130 households, of which 101 households who have land and assets upon land affected, and 29 households who just have structures affected but not land. Among the affected households, 34 households are relocation households of which 31 households will resettle in the resettlement site; three households have other houses in the village to move to. There are 96 households (402 family members) who are severely affected households losing from more than 10% of the total production land holding of the household; and 57 vulnerable households who have land affected. Implementation of compensation and assistances was completed in 2011; land allocation in the resettlement site for the relocation households will be in October As reported by Dong Thap PPMU, the reason for implementing of compensation, Executive Summary v

7 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject assistances and resettlement before the detailed technical design approved and the resettlement plan updated is that the affected area by the subproject is the eroded area, and local authorities wanted to compensate and relocate people out of the dangerous area as soon as possible. 6. The implementation of compensation, assistances and resettlement is compliant to the provisions of the national laws and regulation (e.g. Land Law 2003, Decree 197/2004, Decree 84/2007, Decree 69/2009, and the Decisions of Dong Thap PPC on Land Acquisition, Compensation, Assistances and Resettlement). Affected households are satisfied with the applied procedures, principles and provisions for compensation, assistances and resettlement. The grievance redress mechanism was disclosed and the affected households understood the grievance redress mechanism. There is no complaint of the affected households on the implementation. It was observed that the local people highly support to the subproject. There is no household who is worse-off because of the land acquisition. Affected households had purchased replacement land by the received compensation amount and they are still using the affected area for cultivations. 7. However, there are six non-compliances to the requirements of approved resettlement documents and the SPS, The non-compliances include (i) the proposed price for the plots in the resettlement site is much higher (3.1 times higher) than the compensation rate made for the affected residential land in the affected area; (ii) bonus for hand-over the affected residential land and productive land was not provided as envisaged in the approved resettlement documents; (iii) assistance for the severely affected households who lost from 10% to 29.9% of the total production land holding of the household was not provided; (iv) job-training at no-cost for the severely affected households was not yet organised; (v) no assistance was provided to the income and business affected households who have no business license; and (vi) assistance was just provided to the poor households who have land affected, but not yet for other vulnerable households (such as households headed by woman, disable, elderly, children; landless households, etc). 8. The measures to ensure of compliance to the requirements of the approved resettlement documents and the SPS, 2009 were proposed and consulted with the District People s Committee and Dong Thap PPMU. The proposed measures have been agreed upon by the consulted agencies. It was estimated that the budget required to implement the measures is VND 430,540,000, equivalents to US$ 20,501. The amount earmarked for implementing the measures and administrative/management cost (3%.). 9. Once the findings of the RDD have been agreed by ADB and CPMU, the measures to Executive Summary vi

8 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject ensure of compliance to the requirements of the approved resettlement documents and the SPS, 2009 will be implemented by Dong Thap PPMU and local competent agencies. It was planned that the measures be implemented in October/November The implementation of the measures to ensure of compliance is subject to be monitored by the external resettlement monitoring agency. The permit for civil works to start shall not be issued by the PPC, through the PPMU until the EMA has confirmed that the measures to ensure of compliance have been completed implementation and approved by ADB. Executive Summary vii

9 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject I. BACKGROUND 1. The Greater Mekong Subregion Flood and Drought Risk Management and Mitigation Project (the Project) will be implemented in Cambodia, Lao PDR and Vietnam. The Project aims to improve the capacity of the countries and communities to prepare for, respond to, and recover from the negative impact of floods and droughts. 2. For Vietnam, the investments proposed comprise of three non-structural subprojects and four structural subprojects to mitigate the adverse impacts of extreme weather events in two provinces (Tien Giang, and Dong Thap) in the Mekong Delta. The proposed structural subprojects are: (i) Go Cong water management improvement; and (ii) flood control system for Ba Rai Phu An area. With Dong Thap, the subprojects to be considered include: (i) Upgrading and rehabilitation of four primary canals in Plain of Reeds; and (ii) Bank protection for the Mekong river at Thuong Thoi Tien Town (Hong Ngu district). The structural interventions by the Project deal with: (a) upgrading and rehabilitating primary canal systems to strengthen flood drainage capacity in flood season and increase water conveyance capacity in dry season to secure a stabilised agricultural production, supporting poverty reduction for the local people; improve waterway transportation, etc. (b) protecting fruit trees from flood risks; and (c) protecting people and infrastructure facilities against river bank erosion. Benefits of the structural subprojects protect households, agriculture and infrastructure that includes Summer-Autumn paddy areas and high-value fruit tree zones, facilitating timely seeding in Winter-Spring crop season and meeting requirements for irrigation, drainage and soil improvement, preventing bank erosion, and improving the ecological environment of the area. 3. With Thuong Thoi Tien Bank Protection subproject in Dong Thap Province, the preliminary technical design was approved and the detailed technical design is under reviews by the General Department of Irrigation. As land erosions happen every-years in the subproject s area it has been recorded by Thuong Phuoc 2 and Thuong Thoi Tien Commune People s Committees that 110 m from the river bank back to the land of residents have been eroded to the river, counting from the year 2009 to 2013 the local authorities wanted to compensate and relocate the households out of the area as soon as possible to avoid the risks. The resettlement process started from February 2011 and will be completed in October 2013 when the plots of land in the resettlement site have been allocated and the LURCs have been provided to the relocation households. Background 8

10 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject Table 1: Completed Activities up to August, 2013 Approval of Land Use Plan for the subproject by the DPC based on the prepared detailed technical design Announcement of the approved Land Use Plan to the communities and households in the subproject s area January, 2011 February 2011 Carrying out of DMS March, 2011 Disclosure of results of DMS and pricing May, 2011 Preparation of Detailed Compensation Plan by the DCCS June July, 2011 Disclosure of the Detailed Compensation Plan to the communities August, 2011 Approval of the Detailed Compensation Plan by the DPC September, 2011 Payments of Compensation and Assistances Resettlement Site Preparation and development Discussion on the location and area of the plots of residential land of the households in the resettlement site September-October, 2011 October, 2011 to August 2013 August, A Resettlement Plan for this subproject was prepared and concurred by Dong Thap PPC, CPO on behalf of MARD, and ADB in As envisaged in the approved resettlement documents, the Resettlement Plan must be updated following the detailed designs and conducting of the DMS; and land recovery, compensation, assistance and resettlement may commence only after the updated resettlement plan has been concurred by the PPC, MARD and ADB. However, compensation, assistances and resettlement have been commenced by local authorities without the resettlement plan updated and presented to ADB for approval. 5. The Resettlement Due Diligence (RDD) was conducted in August The objective of the RDD is to examine (i) the compliance of land acquisition, compensation, assistances and resettlement with the provisions of national laws and regulations; (ii) the requirements of the approved resettlement documents (RF for the Project and RP for the subproject) and the extent to which these requirements have been satisfied by the subproject; and (iii) aspects where significant discrepancies exist between the observed outcomes of the land acquisition, compensation, assistances and resettlement implementation and the objectives of ADB Safeguard Policy Statement (SPS, 2009). 6. This Report presents the findings of the carried-out Resettlement Due Diligence in August, Background 9

11 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject II. SCOPE OF LAND ACQUISITION BY THE SUBPROJECT 7. The subproject impacts on a total area of 128,050.7 m 2 of lands in Thuong Phuc 2 and Thuong Thoi Tien Communes. The affected lands are presented in the Table 2 below. Most of the affected lands of the households are paddy land (28,762.3 m 2 ), perennial tree land (18,471.5 m 2 ) and pond area (14,563.1 m 2 ). Table 2: Affected Lands by Communes No. Affected Lands Thuong Phuoc 2 Thuong Thoi Tien Commune Commune 1 Residential land 2,964.3 m Perennial tree land 14,572.5 m m 2 3 Annual crop Land 3,605,1 m Paddy Land 28,529.0 m m 2 5 Ponds ,0 m ,1 m 2 6 Other lands (public land, unused land ) 1,155.7 m m 2 8. There are 130 households (533 family members) who are affected by the subproject, of which 101 households who have land and assets upon land (structures, crops and trees) affected; and 29 households who just have the structures affected but not land. Among the affected households: 96 households (402 persons) who are severely affected households (losing from more than 10% of the total production land holding of the household) 34 households (139 persons) who are displaced households, of which 31 households (127 persons) will relocate to the relocation site; and three households will move to their own houses as they have other houses in the village to move to. 57 affected households who are vulnerable households, including: - Poor household : 01 household - Households headed by women : 26 households - Households headed by elderly persons : 14 households - Households headed by disable person : 01 household - Landless households : 15 households 9. For the affected production land (perennial tree-land, annual cropland and paddy Scope of land acquisition by the subproject 10

12 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject land) the households have LURCs and plant sesames, peanuts, soybeans, fruit-trees and paddy. With the affected housing land (34 households), only six households who are with residential land affected having LURCs for the residential land type, other households constructed the houses on the production land (agricultural land or perennial tree land) but these households have been using the land for a long-time (before the year 1991) and the land use has been stable, in addition, these households have no other places for stay (except the aforementioned three households); therefore, the households are eligible to compensation and relocation to the resettlement site. 10. The affected houses are with very simple construction materials. Most of affected households are with toled-roofs, simple timbered or toled-walls and bricked-floors. 11. Compensation and assistances were fully made in September/October 2011, but the households are allowed to be there in the recovered areas until the land is needed for civil works (it is projected in June 2014). Plantations on the affected production land are still, and Dong Thap PPMU will inform to the households six-months in advance to the time that civil works are commenced so that the households have sufficient time to harvest the crops. Similarly, the households can use their houses and structures until the land is needed for subproject s construction activities. It is planed by the DCCS/DPC that land allocation for the relocation households (31 households) will be completed in October 2013 including the provision of LURCs of the plots. 12. Among the affected households, there are seven (07) households who have income/business affected. The households sell miscellaneous goods, coffee, cigarettes, etc in their houses (there is no stand-alone shop affected). The income from the business is the main income of the households; however, the households have no business license; therefore, no assistance was provided for the income disrupted/business affected. Scope of land acquisition by the subproject 11

13 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject III. FINDINGS OF THE DUE DILIGENCE 13. The Resettlement Due Diligence (RDD) was conducted in August The methodology of conducting RDD was followed: Desk Review: The relevant documents were collected and reviewed, including the Project Policy Resettlement Framework of the GSM Flood and Drought Risk Management and Mitigation Project (RF, 2011); the Resettlement Plan for Thuong Thoi Tien River Bank Protection Subproject (RP, 2011); the Detailed Compensation Plan for Thuong Thoi Tien River Bank Protection Subproject (prepared by the DCCS, 2011); Decisions of Dong Thap PPC that applied for land acquisition, compensation, assistances and resettlement of the subproject (Decisions 08/2008/QD-UBND, 29/2009/QD-UBND, 39/2010/QD-UBND, 15/2010/QD-UBND, 15/2010/QD-UBND, and 09/2011/QD-UBND); results of DMS and pricing by households; and the vouchers of payments of households. The desk review focused on the principles, requirements and provisions that envisaged in the documents and the actual implementation of land recovery, compensation, assistances and resettlement by the subproject. Consultations with resettlement implementing agencies: meetings with the resettlement implementing agencies were organised (Dong Thap PPMU, Hong Ngu District Center for Land Fund Development, Hong Ngu DCCS, Hong Ngu DPC, Thuong Phuoc 2 and Thuong Thoi Tien Commune People s Committees). The consulted issues revolved around the applied policies and the actual implementation of land recovery, compensation, assistances and resettlement by the subproject. The List of Consulted Person is presented in the Appendix 1. Survey on affected households by questionnaires: The questionnaire survey covered 60 households (out of 130 affected households in total) for three main issues: (i) the general information on the household; (ii) comparisons of the households on income, livelihoods, assets, land-use, living conditions, etc. before and after land acquisition, compensation and assistance made; and (iii) the opinions and assessments of the households on the implementation of land recovery, compensation, assistance and resettlement by the subproject. The Questionnaire Form is attached in the Appendix 2, the names of the surveyed households is given in the Appendix 3. In-depth interviews and focused group discussions with the affected households: Apart from the questionnaire survey carried-out, in-depth interviews and focus group discussions were conducted with 31 affected persons. The interviews/discussions focused on the implementation of compensation, assistances and resettlement; their Findings of the due diligence 12

14 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject income and livelihoods after land acquisition as well as the concerns, opinions, suggestions, etc. on the process. The List of Interviewed Persons is presented in the Appendix Applied Policies on Compensation, Assistance and Resettlement 14. As specified in the Detailed Compensation Plan for Thuong Thoi Tien River Bank Protection Subproject prepared by the DCCS (page 2, Section on Applied Compensation, Assistances and Resettlement), the applied polices on compensation, assistances and resettlement for the subproject include: - Decree 69/2009/ND-CP, dated 13 August 2009 of the Government on Supplementary Regulations on Land Use Planning, Land Price, Land Recovery, Compensation, Assistances and Resettlement. - Circular No.14/2009/TT-BTNMT, dated 1 October 2009 of the DONRE on Detailed Regulations on Compensation, Assistances, Resettlement and the Procedures of Land Recovery, Land Allocation and Land Lease. - Decision No. 08/2008/QD-UBND, dated 04 March 2008 of Dong Thap PPC on Regulations on Compensation Prices for Crops, Trees and Movement Costs for Graves when the State Recovers Land in the Areas of Dong Thap Province. - Decision No. 29/2009/QD-UBND, dated 23 December 2009 of Dong Thap PPC on Regulations on Compensation, Assistances and Resettlement when the State Recovers Land in the Areas of Dong Thap Province. - Decision No. 39/2010/QD-UBND, dated 28 December 2010 of Dong Thap PPC on Regulations on Prices of Lands in the Areas of Dong Thap Province - Decision No. 15/2010/QD-UBND, dated 14 June 2010 of Dong Thap PPC on Regulations on Standard Prices for Houses as Newly Built Houses in the Areas of Dong Thap Province - Decision No. 09/2011/QD-UBND, dated 07 April 2011 of Dong Thap PPC on Supplementary Regulations on Standard Prices for Houses and Structures as Newly Built Houses and Structures in the Areas of Dong Thap Province. 15. Applying the aforementioned legal documents, land compensation followed the provisions of the Provincial Decision No. 39/2010/QD-UBND, for which households who encroached on the land area after the Land Use Planning for the Subproject has been announced (Cut of Date) shall not be compensated for the land. Following the Decision, the prices for land compensation are as followed: Findings of the due diligence 13

15 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject - Residential land: (Thuong Phuoc 2, Area 3, Position 2): VND / a meter - Production Land: (Thuong Phuoc 2 and Thuong Thoi Tien): o Perennial tree land (Area 1, Position 1) : VND / a meter o Paddy, annual crop and pond land (Area 1, Position 1) : VND / a meter 16. Compensation for affected houses and structures followed the provisions of the Provincial Decision No. 15/2010/QD-UB; compensation for the affected crops and trees applied the provisions of the Provincial Decision No. 08/2008/QD-UBND; and assistances for the households followed the provisions of the Article 16 of the Provincial Decision No/29/2009/QD-UBND, for which, assistance for job change and creation for the households who have affected production land is 3.0 times of the value of the affected production land of the household Assessment of Level of Compliance Eligibility for Land Compensation 17. Those with legalisable land holdings were compensated. This included those with LURCs or eligible to obtain such. Based on the compensation records, there were 71 affected households out of the total 101 land affected households have LURCs; the remaining 30 land affected households have no LURCs but have been using the land stably for a long-time (before the year 1991) without dispute on the land and the land use has been certified by the local authorities these households were compensated for the loss of land and at the same compensation rate as those with LURCs. 18. Among those surveyed and consulted, there were no complaints regarding noneligibility for land compensation. 19. The applied eligibility for land compensation by the subproject is compliant to the provisions of the Decree 197/2004/ND-CP (Article 8) of the Government on Regulations on Compensation, Assistances and Resettlement when the State Recovers Lands; for which, individuals/households who have land acquired by the State shall be compensated if they have (i) LURC; or (ii) Decision on Land Allocation by the competent agency as regulated by Laws; or (iii) have been using the land stably for a long-time, certified by town/communal people s committee on there is no-dispute on the affected land, and there is a document as specified in the Article The application of eligibility for land compensation by the subproject is also compliant to the provisions of the approved resettlement documents; for which, compensation shall be provided for the affected individuals/households who (i) have LURC; Findings of the due diligence 14

16 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject or (ii) in the process of acquiring LURC; or (iii) are eligible to obtain LURC according to the regulations of the Government. With 30 land affected households who have not yet been provided LURCs they are eligible to obtain LURC according to the regulations of the Government as they have been using the land stably for a long time (before the year 1991) without dispute on the land and the land use has been certified by the local authorities. Assessment: The application of eligibility for land compensation is conformity to the provisions of national laws and regulation as well as to the envisaged in the approved resettlement documents. Therefore, no action is required Information Disclosure, Consultations and Local Participation 21. A series of public meetings were organized by Dong Thap PPMU, Hong Ngu DPC/DCCS to provide information regarding land acquisition, compensation, assistances and resettlement to the affected households and communities. - Meeting to announce of the approved land use plan for the subproject: February, Meeting to discuss the plan to carry-out the DMS: February, Meeting to respond to the questions of households on results of DMS and pricing: May, Meeting to discuss on the location and the area of plots in the resettlement site: August, In the meetings, related documents such as the Decision on Land Use Plan for the subproject; summary of compensation, assistance and resettlement policy; results of DMS and pricing were provided for the meeting participants. The numbers of participants of the consultative meetings are presented in the Table 3 below. Averagely, 44.1% of total meeting participants was females. The List of Meeting Participants with their signatures of the participations is presented in the Appendix 5. Table 3: Numbers of Meeting Participants 1 Consultative Meetings Announcement of Approved Land Use Plan for the Subproject Venues of Meetings Thuong Phuoc 2 Commune Thuong Thoi Tien Commune 2 Discussion of Plan to Carry out DMS Thuong Phuoc 2 Numbers of Meeting Participants Females Males Findings of the due diligence 15

17 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject 3 4 Consultative Meetings Disclosure and Respond to the Results of DMS and Pricing Discussion on the location and the area of plots in relocation site Venues of Meetings Commune Thuong Thoi Tien Commune Thuong Phuoc 2 Commune Thuong Thoi Tien Commune Numbers of Meeting Participants Relocation site Information that related to land acquisition, compensation, assistance and resettlement was posted in public places (offices of commune s headquarters, village leader s houses and village cultural houses) and provided to the households in the consultative meetings. The information posted in the public places and provided to the households included: - Decision of Hong Ngu DPC on Land Use Plan for the Subproject. - Results of DMS and Pricing by households - Detailed Compensation Plan (draft and approved versions). - Decisions of Land Acquisition by households - Summary of DMS results and amounts of compensation and assistances by households - Vouchers of compensation and assistances payments by households 24. Consulted people stated that they were provided opportunities for dialogues and discussions on impacts on lands and assets of the households and communities as well as the policy to be applied for land acquisition, compensation, assistances and resettlement in the organized consultative meetings. The provided information was clear, easy to understand, useful and transparent. All consulted households is still keeping the provided documents, particularly the record on land and asset impacts of the household and the calculation for compensation and assistances for the household. 25. During the process of land acquisition, compensation, assistances and resettlement, affected households and communities participated in the following activities: - Attended on the consultative meetings - Participated in DMS of households - Participated in monitoring of compensation and assistances payment Findings of the due diligence 16

18 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject - Participated in handling of complaints, particularly for the mistakes of DMS process 26. The carried out information disclosure and consultations were compliant to the provisions of the national laws and regulations, for which, 90 days before land acquisition for agricultural land and 180 days for the non-agricultural land, competent agencies must inform to the households the reasons for land acquisition, time of land acquisition and plan for relocation of affected households (Article 39, Land Law 2003); during the DMS process, preparation of detailed compensation and assistance plan the DPC where land acquired is responsible to announce widely the land acquisition plan; regulations on land acquisition, compensation, assistances and resettlement the relevant CPCs are responsible to post the land acquisition plan in the public places in the residential areas and announce the plan via the louder-speaker system of the communes (Articles 49, 52 and 57 of the Decree 84/2007 of the Government on Supplementary Regulations on LURC Provision, Land Recovery, Process of Compensation, Assistances and Resettlement when the State Recovers Land, and Grievance Redress on Land); and the detailed compensation plan shall be posted in public places to get opinions of communities for 20 days at-least, counting from the date of posting (Clause 2, Article 30 of the Decree 69/2009 of Government on Supplementary Regulations on Land Use Planning, Land Price, Land Recovery, Compensation, Assistances and Resettlement). 27. The conducted information disclosure and consultation were also conformity to the requirements of approved resettlement documents and the SPS, The requirements include: (a) meaningful consultation will be carried out with the displaced persons and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of the APs and communities will be taken into account; and (b) the PPMUs, with assistance from relevant provincial and district agencies, will conduct a series of public meetings to provide information regarding project activities and the proposed resettlement and compensation arrangements. These public meetings will be needed to: (i) disseminate information on inventory and pricing results, (ii) inform the APs on amounts of compensation and supports of each affected household, (iii) to listen to their feed back and suggestions, and (iv) for revising or adjusting the inaccurate data, if any. There is no need for any other additional consultations with the affected households and local communities. Assessment: Information that related to land acquisition, compensation, assistances and resettlement was provided sufficiently and by effective manners to the affected households and communities. Meaningful consultations were conducted and the opinions, suggestions and concerns of the affected households and communities were addressed in the process of Findings of the due diligence 17

19 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject land acquisition, compensation, assistances and resettlement. Local people actively participated in the related activities. Therefore, no more action is needed to ensure of full compliance of carried out information disclosure, consultations and local participation to the requirements Detailed Measurement Survey 28. The affected households were provided DMS self-enumeration form to fill-up. The form was completed by the households presenting all the affected lands and assets of the household and with signatures of husband and wife. The DMS team of the DCCS conducted the detailed measurements after that to verify the impacts for the households with participations of the heads of the households, village leaders, representatives of CPC, mass organizations and Dong Thap PPMU. The agreed DMS records were with signatures of the affected households (husband and wife), the persons who carried out the DMS and the observers. The filled-up DMS Self-Enumeration Form by a household and Agreed DMS Record of the household are presented in the Appendix The result of the DMS was disclosed in the public places (offices of the commune headquarters, village leader s houses and village cultural houses) and a copy provided to the households in a meeting organised. In this public meeting, the questions and complaints of the households on the DMS result were responded. 30. The household surveyed data showed that all affected households (100%) satisfied with the measurement of the affected property for both land and the assets upon the affected land. There were just two households with the water-pipes under ground missed in the DMS results of the households, but the measurement was conducted for the pipes after the public meeting on DMS disclosure. 31. The implementation of DMS by the subproject was compliant with the provisions of national laws and regulations; for which, the households who have land affected shall fill-up the provided self-enumeration form for the affected lands and assets; the district committee for compensation and site clearance certifies the filled-up form and conducts measurement on affected lands and assets upon land; certify and measurement of affected lands and assets must be with participation of CPC; and the DMS result must have signatures of the persons who directly conducted the DMS, the household, communal cadastral officer, division of natural resources and environment, and leader of the district committee for compensation and site clearance (Article 50, Decree 84/2007 of the Government on Supplementary Regulations on LURC Provision, Land Recovery, Process of Compensation, Assistances and Resettlement when the State Recovers Land, and Grievance Redress on Land). Findings of the due diligence 18

20 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject 32. The process of carrying out DMS was also conformity to requirements of the approved resettlement documents and the SPS, 2009: DMS shall precisely enumerate the various types of affected assets and the severity of loss or impact to the affected assets in order to allow for an accurate calculation of compensation for replacing the same; and DMS shall be conducted transparently and with the active participation of the AHs and local organizations. Assessment: The conducted DMS by the subproject was accurate and adequate on the affected lands and assets upon the affected lands. DMS result was disclosed widely. The questions and complaints of the households on the DMS result were settled and that was satisfied by the affected households. No action therefore is required Compensation for Affected Residential Land 33. The compensation rate paid for residential land was VND 130,000/m2. This was the rate that regulated by Dong Thap PPC on the Decision No.39/2010/QD-UBND, dated 28 December 2010 on Prices of Lands in the Areas of Dong Thap Province. According to the surveyed households, the compensation rate for the affected residential land was commensurate with the replacement cost. As the affected residential land is in the eroded area, the market rate is low. Households who are with partly residential land affected had purchased larger replacement land area than what was acquired by the subproject (households Vo Van Chung, Ha Thi Minh Nho, Truong van Xuong and other households in Village 3 of Thuong Phuoc 2 Commune, for example) 34. For the entirely residential land affected households, cash compensation made in September/October 2011 for the affected residential land following the provincially regulated price. The households will be allocated a plot in the resettlement site by an area of 81 m 2 and the households will have to pay for it. The proposed price for a plot by the competent agency to Dong Thap PPC to consider is VND 33 millions. 35. The application of compensation rate for the affected residential land was compliant to the provisions of the Articles 9 of the Decree 197/2004 and the Article 19 (Clause 1) of the Decree 69/2009 of the Government; for which the rate for land compensation is the rate of land based on the land use purpose at the time when the decision of land acquisition is issued; the rate for land compensation is issued by the PPC following the regulations of the Government; houses and plots in the relocation site are designed with different types and areas that are suitable with amounts of compensation and the effort to pay of the households who have to relocate; and for the households, individuals who have no other places to stay when their land is acquired by the State - are eligible to be allocated a plot in relocation site. Findings of the due diligence 19

21 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject 36. However, it is potential to be non-compliance to the provision of the Clause 1, Article 19 of the Decree 69/2009 of the Government when the price for a plot in the resettlement site proposed at VND 33 millions by the competent agency. The Article stipulated that Individuals, households who received the plot and/or house in the relocation site but the compensation and assistance amount is less than the price of minimum-size plot in the relocation site - are assisted for the price-difference; if the individuals, households refused the plot in the relocation site, they can receive cash for the price difference. If a household who had 90 m 2 of residential land affected by the subproject for example, they could-not pay for a minimum size plot in the settlement site (all plots are with 81 m 2 and with VND 33 millions as proposed by the competent agency). It is because the compensation amount that the household could receive is about 15 millions (VND 130,000 x 90 m 2 = VND 11,700,000, plus with about VND 4,500,000 for assistances) so the household would not afford to VND 33 millions. Without assistance for the pricedifference (VND 33 millions 15 millions = 18 millions), it becomes non-compliance to the Regulation. 37. Compensation for affected residential land was commensurate to the requirements of the approved resettlement documents but only for the partly residential affected households as the compensation rate was the replacement rate. However, compensation for the entirely affected residential land households (31 households) was not compliant. It was agreed in the accepted Resettlement Plan for Thuong Thoi Tien Bank Protection Subproject (2011, section on Entitlements) that A plot of land, with an area of 90 m 2 in the resettlement site shall be provided with land title (LURC). If the original lands of AHs with LURCs are bigger than the plots in the resettlement sites, they will receive cash compensation for the difference, based on the replacement cost. This means that land-forland compensation for 90 m 2 of affected residential land by 90 m 2 in the resettlement site. For example, if a household lost 120 m 2 of residential land, they shall get a 90 m 2 plot in the relocation site (land for land or if the household received cash compensation the household shall pay for the 90 m 2 plot in the relocation site by the compensation amount that they received for 90 m 2 of affected residential land) and receive cash by replacement cost for the remaining 30 m 2 of affected residential land. In addition, LURC shall be provided at no administrative cost, service cost and paper cost ; and bonus for hand-over residential land on-time shall be provided. 38. The plot area (81 m 2 ) in the resettlement site is acceptable and suitable for the households. However, the proposed price for the plots is too high (3.1 times higher compared to the compensation rate for the affected residential land) and that is the concern of the relocation households. Findings of the due diligence 20

22 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject Assessment: Compensation for affected residential land was compliant to the provisions of national laws and regulations, except the potentiality of non-compliance to the provision of the Clause 1, Article 19 of the Decree 69/2009 of the Government on Supplementary Regulations on Land Use Planning, Land Price, Land Recovery, Compensation, Assistances and Resettlement. In comparison to the provisions of the approved resettlement documents - compensation for entirely affected residential land households was non-compliant because the proposed price for the plots in the resettlement site is much higher to the compensation rate made for the affected residential land. The action, therefore, is required. It was discussed that PPMU Dong Thap, through Dong Thap DARD will request Dong Thap PPC to (i) consider the price for 33 plots in the relocation site to be the same to the paid compensation rate for the affected residential land in the affected area (price per m 2 ), e.g. the paid compensation rate was VND /m 2, the price of the plots in the relocation site should also be VND /m 2 ; (ii) to instruct to the relevant agencies to exempt the administrative fees, service fees and paper cost when providing LURC for the households for the plots in the relocation site; and (iii) to regulate the bonus for hand-over the affected residential land on-time for the households Compensation for Affected Production Land 39. The compensation rates paid for affected production lands were VND /m 2 for perennial tree land and VND /m 2 for paddy, annual crop and pond lands. The rates followed the price-frame issued by Dong Thap PPC on the Decision No.39/2010/QD-UBND, dated 28 December 2010 on Prices of Lands in the Areas of Dong Thap Province. All affected households surveyed assessed that the compensation rate for affected production land commensurate to the replacement cost as the affected production land is in the eroded area and the value is not high. On top of compensation, the households received the allowance for job change and creation by cash by three times of the affected land value. As the result, almost all production land affected households had purchased larger replacement land for production than the acquired area by the subproject many of them is with double or triple area purchased than the acquired area (such as households Ha Thi Minh Nho, Nguyen Van Son, Nguyen Van Hy, Nguyen Van Bao Thuan, Nguyen Van Nuy, Truong Van Xuong, Dang Be Tu, Vo Van Chung in Thuong Phuoc 2 and Thuong Thoi Tien Communes) 40. Apart from compensation for the affected production land, the households with production land affected received assistance for life stabilisation for 6 months (for the households who lost from 30%-70% of the total production land holding), 12 months (for the households who lost from 30%-70% of the total production land area and have to relocate; and the households who lost from more than 70% of the total production land holding but Findings of the due diligence 21

23 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject not have to relocate), and 24 months (for the households who lost from more than 70% of the total production land holding and have to relocate). The amount of assistance for a month is 30 kg per head for all the family members. 41. Compensation for affected production land was commensurate to the provisions of the national laws and regulations, particularly to the provisions of the Decree 197/2004/ND- CP and the Decree 69/2009/ND-CP, for which, price for land compensation is the price of land based on the land use purpose at the time when the decision of land acquisition is issued and the price for land compensation is issued by the PPC following the regulations of the Government (Clause 1, Article 9 of Decree No. 197/2004); households who lost from 30% to 70% the total agricultural land area shall be provided life stabilization by 6 months if the households not have to relocate, 12 months if the households have to relocate, 12 months if the households lost more than 70% of the total production land but not have to relocate and 24 months if the households lost more than 70% of the total production land and have to relocate; allowance to job change and job creation shall be provided by 1,5 to 5,0 times of the value of the affected production land area (Articles 20 and 22, Decree 69/2009). 42. Compensation for the affected production land was partly compliant to the requirements of the approved resettlement documents. The compensation unit rate and the allowance for job change and creation were compliant, but there are three requirements (specified in the sections on Entitlements in the RF and RP) that have not yet been provided to the affected production land households: (i) bonus for the land hand-over on time (for severely and marginally affected production land households); (ii) assistance for the households who lost from 10% to 29,9% of the total production land holding; and (iii) jobtraining at no-cost for the production land severely affected households (01 member who is in labour age for the households who lost from 10%-30% of production land holding; 02 members who are in labour age for the households who lost from more than 30% to 70% of production land area; and all family members who are in labour age for the households who lost more than 70% of the production land area). Assessment: Compensation for affected production land was compliant to the provisions of the national laws and regulations. However, as for the envisaged in the approved resettlement documents, there are three requirements that have not yet been fulfilled: (i) bonus for hand-over the affected production land on-time for marginally and severely affected households; (ii) assistance for households who lost from 10%-2.9.9% of the total production land holding (as only the households who lost from more than 30% of the total production land holding received assistance following the provision of the provincial decision); and (iii) provision of job-training at no-cost for the production land severely Findings of the due diligence 22

24 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject affected households. The action, therefore, is required. It was discussed that PPMU Dong Thap, through Dong Thap DARD will request Dong Thap PPC to (i) regulate the bonus for hand-over the affected production land on-time for the households (the level of the bonus depends on the decision of the PPC) (ii) regulate assistance for the households who lost from 10% to 29.9% of the total production land holding by 3 months of rice subsidy for the households who not have to relocate; 6 months for the households who have to relocate; 9 months if the households have to relocate and the households are vulnerable households. The rice subsidy for a month is 30 kg of rice per head for all family members of the households; and (iii) instruct the Rural Job Training Program (the Program is being administered by the DARD) to provide job-training at no-cost for the households: (i) 01 member who is in labour age for the households who lost from 10%-30% of production land area; (ii) 02 members who are in labour age for the households who lost from more than 30% to 70% of production land area; and (iii) all family members who are in labour age for the households who lost more than 70% of the production land area Compensation for Affected Houses and Structures 43. Compensation for affected houses and structures applied the compensation rates regulated by Dong Thap PPC in the Decision No.15/2010/QĐ-UBND, dated 14/6/2010 on Regulations on standard prices for newly built houses and structures in the areas of Dong Thap Province, and in the Decision No. 09/2011/QĐ-UBND, dated 07/4/2011 of Dong Thap PPC on Supplementary regulations on standard prices for newly built houses and structures in the areas of Dong Thap Province. According to the assessment of the affected households, the rates were the replacement costs for the affected houses and structures at the time of compensation. The compensation rates were equal to 100% of the value of the affected houses and structures in conformity with the unit prices of a newly built house or structure; and depreciation/ value of salvageable materials was not deducted from the compensation amount. All the surveyed households satisfied with compensation unit rates for affected houses and structures. There is no complaint of the households on the applied compensation unit rates. 44. For 31 households who will relocate in the relocation site, compensation for their affected houses and structures made in September/October 2011 is still adequate to rebuild the houses and structures in October 2013 when the plots in the relocation site have been allocated. The replacement cost survey was conducted during the resettlement due diligence with participation of representatives of Hong Ngu District Center for Land Fund Development, village leaders and affected households and the result showed that there is Findings of the due diligence 23

25 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject no significant differences between the applied compensation rates in September, 2011 to the market costs of construction materials and construction labours in August, 2013 (it is because the construction activities are almost frozen in the area as the same as in other areas recent years impacted by the down-turned economy in general and construction market in particular). 45. Compensation for affected houses and structures was compliant to the provisions of the national laws and regulations, particularly the Decree 69/2009, for which compensation for the affected houses and structures shall be in conformity with the unit prices of a newly built houses or structure with the same technical standard issued by the Ministry of Construction; and the newly built houses and other structures price is calculated by the area of the house/structure multiplied by the construction price that conformity with the unit prices of a newly built houses or structure issued by the PPC following the regulations of the Government (Article 24, Decree 69/2009). 46. Compensation for affected houses and structures was also commensurate to requirements of the approved resettlement documents. It was specified in the RF and RP that compensation for the affected houses and structures shall be equal to 100% of the value of the structure in conformity with the unit prices of a newly built house or structure; and depreciation or value of salvageable materials shall not be deducted from the compensation amount. Compensation for the affected houses and structures by the subproject followed these requirements properly. Assessment: Compensation for affected houses and structures was compliant to the provisions of the national laws and regulations. It was also commensurate to the requirements of the approved resettlement documents. Therefore, no more action is required Compensation for Affected Crops and Trees 47. Compensation for affected crops and tree applied the issued rates in the Decision No. 08/2008/QĐ-UBND, dated 4 March 2008 of Dong Thap PPC on Regulations on compensation price-frame for crops, trees, animals and movement of graves in the areas of Dong Thap Province. All the surveyed and consulted households confirmed that the compensation rates made for affected annual crops/trees were equal to the values of the productivities of the crops/trees in that harvesting year; for affected perennial trees, compensation unit rates were equal to the values of the trees in the market at time of compensation. Affected households are satisfied with the applied compensation rates and there is no complaint on the rates. 48. Compensation for affected crops and trees was compliant to the provisions of the Findings of the due diligence 24

26 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject Decree 197/2007 of the Government, for which, compensation for the annual crops and trees shall be calculated by the value of productivity of that harvesting season. The value of the productivity of the harvesting season shall be calculated by the highest productivity of that crop/tree in the three recent successive years in the local, multiplied by the average price of that crop/tree in the local at time of land acquisition; and compensation for the perennial trees shall be calculated by value of the area of trees (exclusive the value of the land) in the local at time of land acquisition; and for the not yet harvested trees but can be moved to other places, compensation shall be for the movement cost as well as for the loss during movement or re-plantation (Article 24, Decree 197). 49. In the approved resettlement documents, it is envisaged that crops and trees are compensated and assisted based on compensation prices at the time of compensation. The compensation made for the affected crops and trees equal to the values of the affected crops and trees at time of compensation so that it was compliant to the requirement. Assessment: Compensation for affected crops and trees was compliant to the provisions of the national laws and regulations. It was also commensurate to the requirement of the approved resettlement documents. Therefore, no more action is required Assistances for Affected Income and Business 50. Assistances for the income-business affected households who have no business license are not provided by the national laws and regulations, particularly in the Decree 69/2009 (Clause 2, Article 20) : when the State recovers land of organisations or households - and the affected organisations, households have business license and the business is disrupted; assistance shall be provided by 30% of the revenue of a year after tax of the organisation, household. The revenue of the year is calculated by the average revenue of three recent successive years with certify of the tax agency. 51. Applying the provisions of the national laws and regulations, assistance was not provided for the income-business affected households who are without business license. There is no income-business affected households who have business license in the area, but there are seven (07) households who have income-business affected by the subproject. These seven households sell café, cigarettes and other miscellaneous goods in their houses - and the income from this business is the main income of the households. Their residential land will be entirely recovered (they are still in their houses doing business until the land is recovered for construction works) and they will be relocated to the relocation site. Their income and business will be affected during the time their houses are dismantled and moved to the relocation site; the time to re-build the house and for the households to settle stably in the area. Findings of the due diligence 25

27 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject Picture 1: Income-Business Affected Households (in Thuong Phuoc 2 Commune) 52. Not providing assistance for these seven households who have income and business affected by the subproject but without business license is not compliant to the requirement of the approved resettlement documents. The requirement that envisaged in the approved resettlement documents (sections on Entitlements in the RF and RP) is that: for affected income and business individuals/households who are without business license, cash assistance during transition period shall be provided. The amount of assistance will be by 80% of this for the business registration. The surveyed result showed that, each affected business household owns by VND 103,000 per day from the business. Following to the Decree 69/2009 (Clause 2, Article 20), if they had business license they would be received VND 11.0 millions for the income-business affected (by 30% of the revenue of a year after tax). But the households have no business license, so it was calculated that each household should be assisted by cash by 8.0 millions for the incomebusiness disruption (by 80% of this for the households who have business license) Assessment: No assistance was provided to the affected income-business households who are without business license. This was compliant to the provision of the Decree 69/2009/ND- CP of the Government (Clause 2, Article 20), but was not conformity to the requirement of the approved resettlement documents. The action, therefore, is required. It was discussed that PPMU Dong Thap, through Dong Thap DARD will request Dong Thap PPC to regulate the assistance for income-business affected households who are without business license. The amount of the assistance is VND 8.0 millions/household. Findings of the due diligence 26

28 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject Assistances for Resettlement 53. The provisions of the Provincial Decision No. 29/2009/QĐ-UBND, dated 23/12/2009 of Dong Thap PPC on Regulations on Compensation, Assistances and Resettlement when the State recovers land in the areas of Dong Thap Province were applied to assist the households for resettlement. The resettlement assistances included: - Allowance for transportation: Assistance by cash by VND /household depending on the affected areas of the houses/structures was provided. For the households who not have to relocate to the relocation site, but just moved back or moved to the right/left to the affected area - transport allowance was by 50% of this for the households who have to move to the relocation site. - Housing rental allowance: Rental cost for 6 months was provided for the households who have to move to the relocation site (VND 700,000/month). 54. The provided assistances for resettlement was compliant to the provisions of the Decree 69/2009 of the Government (Articles 17, 18) for which (i) households, individuals who have land recovered by the State and have to relocate shall be provided costs for transportations; (ii) households, individuals who have land acquired and have no other places to stay shall be provided temporary place to stay or rental allowance while waiting for land allocation in the relocation site; and (iii) PPC shall regulate the detailed levels of assistances 55. Assistance for resettlement was also commensurate to the requirement of the approved resettlement documents as it was specified in the RF and RP that: households that are partially or totally affected on residential land and remaining land is insufficient for rebuilding the house, will be provided with rental allowance and transportation. The actual amounts will be in conformity with the provisions in Dong Thap Provincial Decisions on Compensation, Assistances and Resettlement and date of hand-over. Assessment: The provided resettlement assistances were compliant to the provisions of the national laws and regulations. It was also commensurate to the requirement of the approved resettlement documents. Therefore, no more action is required Assistances for Vulnerable Households 56. Only the poor households received cash assistance by the subproject (VND /household). Assistance was not provided to the households/people with meritorious services to the revolution it is because the households/people have already been assisted monthly following the Policy for the Meritorious Service to the Revolution. There is no affected household by the subproject who is ethnic minority household. Findings of the due diligence 27

29 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject 57. The assistance for the vulnerable households by the subproject was compliant to the provision of the Land Law 2003 (Item c, Clause 1, Article 60), for which when the State recovers land - assistances shall be provided to: (i) people with meritorious services to the revolution; (ii) poor households; and (iii) ethnic minority people in regions being under exceptionally difficult socio-economic conditions. 58. The assistance for the vulnerable households by the subproject, however, was not conformity to the requirements of the approved resettlement documents and the SPS, According to these documents, apart from the poor households, vulnerable households include (i) female headed households; (ii) ethnic minority households; (iii) households headed by elderly/children/disable persons; and (iv) landless households. Among the affected households by the subproject, there are 26 affected households are female headed households; 14 affected households are elderly person headed households; one affected household is disable person headed household; and 15 affected households are landless households. It was also specified in the approved resettlement documents that rice subsidy by 3-24 months for the vulnerable households shall be provided. However, the required rice subsidy was not provided to the vulnerable households, except the cash assistance for the poor households. Assessment: Assistance for the vulnerable households (cash assistance for the poor) by the subproject was compliant with the provisions of the Land Law However, other households who are considered as vulnerable households that specified the approved resettlement documents and the SPS, 2009, were not assisted this is a non-compliant issue. The action, therefore, is required. It was discussed that, Dong Thap PPMU through Dong Thap DARD will request Dong Thap PPC to provide assistance for other vulnerable households, including (i) the households headed by women; (ii) the households headed by elderly/children/disable persons; and (iii) the landless households. The amount of assistance is 3 month-rice subsidy (for each month, the assistance is 30 kg of rice per head for all family members of the household) Assistances for Income Restoration 59. Assistances for Income Restoration were provided to the affected households in the forms of (i) allowance for job changes and creation for all households who have production land affected; (ii) rice-subsidy for life-stabilisation for the severely affected households who have production land affected from more than 30% of the total production land holding of the household; and (iii) additional assistance by cash for poor households to strengthen their production capacity and life stabilisation. Findings of the due diligence 28

30 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject 60. Allowance for job changes and creation made by cash by 3.0 time of the value of the affected production area. With this assistance, almost affected households (68% of the surveyed households) had purchased larger replacement land than the affected area. For other households, as the numbers of members of the households are just sufficient to cultivate in the non-affected and affected lands (they are still using the affected land until it is needed for construction activities) they have not yet bought replacement land but they planed to purchase replacement land after the affected land is taken for the civil works, and land is available in the area for the households to buy. In addition to the allowance for job changes and creation, affected households got assistance for life stabilisation by rice subsidy (from 6 months to 24 months for all members of the affected households depending on the areas of the production land lost). This assistance helped the affected households in restoring the income more quickly. There was only poor household among the total affected households and the household got cash assistance (VND 7.0 millions) for strengthening their production. According to the surveyed data, 71.50% of the affected agricultural households responded that their income remains unchanged and 28.50% of affected agricultural households stated that their income is higher in comparison to before receiving compensation and assistances. No household among the affected households is worse-off. However, in order to ensure that the restored income of the affected agricultural households is stable, assistance for the households who have land affected from 10%-29.9% must be provided; especially the job-training at no-cost for the severely affected households (01 member who is in labour age for the households who lost from 10%-30% of production land holding; 02 members who are in labour age for the households who lost from more than 30% to 70% of production land area; and all family members who are in labour age for the households who lost more than 70% of the production land area) that must be provided soon. This issue has already been discussed in Section (Paragraph 52). 61. With seven affected households who have income-business affected will relocate to the relocation site and re-establish the business in their houses as before being affected. As the relocation site is located along the district road and is with full infrastructures, their business can-be maintained. However, the income from business will be disrupted during transition time (dismantling the house, transporting the house to the relocation, reestablising the business, etc.). Therefore; in order to ensure the income of the business households restored as pre-subproject level, assistance for income-business disruption must be provided. This issue has already been discussed in the Section (Paragraph 62). Assessment: The provided compensation and assistance package is sufficient for the households to restore their income. In-fact, the income generation capacity and resources of Findings of the due diligence 29

31 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject the households are still remained or improved. Almost affected agricultural households purchased larger replacement land and the other households can buy replacement land in the area by the compensation and assistance amount. Business households can re-establish their business in the relocation site. Therefore, no stand-alone income restoration program is needed to assist the affected agricultural households and business households. However, in order to ensure that the restored income of the affected households is stable, the assistance for the households who lost from 10%-29.9% of the production land holding, the provision for job-training at no-cost for the households, and the assistance for incomebusiness disruption for the business affected households who are without business license must be happened Relocation Site Preparation and Development 62. The relocation site that is just m in distance from the affected areas (Thuong Phuoc 2 and Thuong Thoi Tien communes) has been developed not only for the affected households by Thuong Thoi Tien River Bank Protection Subproject but also for affected households by different projects in the area. Basic infrastructures (street-lighting system, electricity, access roads, drainage system ) have been constructed, except the water system that will be provided in October 2013 as planned by the local authorities. The relocation preparation is commensurate to the provisions of the Land Law 2003 (Article 42) for which relocation site(s) shall be prepared for relocation households of different projects in the areas and shall be with better development conditions than these in the affected areas. Picture 2: Infrastructures Constructed in the Relocation Site 63. For Thuong Thoi Tien River Bank Protection Subproject, each household will be allocated a plot in the relocation site (two households who will get two plots each because Findings of the due diligence 30

32 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject the number of the members of each household is more than five). The area of a plot is 81 m 2. A meeting on the locations of the plots, the infrastructures to be provided, and the schedule of relocation of households was organised in 9 August 2013 in the relocation site with relocation households. As the relocation site is in the commune (Thuong Phuoc 2 Commune, Residential Group No. 3 - Muon Mieu) and the distance to the farming areas is the same as this from the affected houses, there will be no impacts on agricultural activities the households can use the remaining production land and the purchased land without any further distance. The relationships of the relocation households with their relatives and with the non-affected households in the village therefore will be still remained. The distances to the communal clinic and the schools (primary school and secondary school) are closer than these before from the affected area. 64. As specified in the Minute of Meeting on the Locations of Plots and Relocation Schedule (9 August, 2013), that the relocation site is very convenient and is with better conditions for living as assessed by the relocation households, relocation households agreed and signed on accepting the relocation site. The Minute of Meeting is presented in the Appendix 7. According to the agreed schedule with the relocation households, the plots will be allocated in October 2013 together with the provision of LURCs for the households. 65. The relocation site preparation and development was compliant the provisions of the national laws and regulations, particularly the provisions of the Land Law 2003 (Article 42). The consultation result showed that the relocation households agreed with the location, infrastructure conditions and the area of the plot (81 m 2 ). However, one concern of the relocation households is that the proposed cost for the plot in the relocation site that the households will have to pay (33 millions/ a plot) is too high in comparison to the paid compensation unit rate for the affected land. This issue has been discussed in the Section (Paragraph 47). Assessment: The process of preparing the relocation site is compliant to the provisions of the national laws and regulations. The site is close to the affected areas and with basic infrastructures constructed. Affected households have been consulted on the site and they agreed on accepting the site. However, in order to be compliant to the requirements of the approved resettlement documents, the issues of (i) the cost of the plots in the relocation that the relocation households will have to pay and (ii) exemption of the administrative fees, service fees and paper cost when providing LURC for the households as already mentioned in the Section must be settled by local authorities. Findings of the due diligence 31

33 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject IV. ACTION PLAN 66. As aforementioned, affected households by the subproject were satisfied with the implementation of compensation, assistance and resettlement of the local authorities. The provided compensation, assistances and resettlement were compliant to the provisions of the current national laws and regulations. There is no complaint of the households on the process, principles and provisions of compensation, assistances and resettlement. 67. However, in order to ensure the full-compliance to the requirements of the approved resettlement documents and the SPS, 2009, as well as to facilitate for the restored income of the affected households to be stable - actions are required to settle some issues Issues To Be Settled 68. As discussed in the Section 3.2 (Assessment of Level of Compliance), the following issues are needed to be settled: (i) The proposed cost for 33 plots that the relocation households will have to pay is too high. It is 3.1 times higher in comparison to the compensation rate for the affected residential land. The cost for the plots must be reconsidered to be the same to the compensation rate for affected residential land. (ii) Exemption must be for the administrative fees, service fees and paper cost when providing LURCs for the households for the plots in the relocation site (iii) Bonus for hand-over the affected residential land and production land on-time must be provided. Dong Thap PPC will decide the levels of the bonuses. (iv) Assistance for severely affected households who lost from 10% to 29.9% of the total production land holding of the household must be provided. The amounts of assistance, as agreed in the resettlement documents, are 3 months of rice subsidy for the households who not have to relocate; 6 months for the households who have to relocate; 9 months if the households have to relocate and the households are vulnerable households. The rice subsidy for a month is 30 kg of rice per head for all family members of the households. (v) Job training at no-cost for the severely affected households must be provided. The training shall be fore: 01 member who is in labour age for the households who lost from 10%-30% of production land area; 02 members who are in labour age for the households who lost from more than 30% to 70% of production land area; and (iii) all family members who are in labour age for the households who lost more than 70% of the production land area. Findings of the due diligence 32

34 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject (vi) Assistance for income-business disruptions for seven (07) affected business households who are without business license must be provided. The amount of the assistance is VND 8.0 millions/household. (vii) Assistance for vulnerable households (except the poor households as the households received cash assistance already) must be provided, including (i) the households headed by women; (ii) the households headed by elderly/children/disable persons; and (iii) the landless households. The amount of assistance is 3 month-rice subsidy (for each month, the assistance is 30 kg of rice per head for all family members of the household). (viii) Water system in the relocation site shall be completed in October 2013 and the budget has been allocated by the local authorities to complete the system. Picture 3: Discussion with Vice-Chairman of the Hong Ngu DPC and Director of DCLFD on the findings and required measures 4.2. Responsibilities for Implementation of Action Plan 69. Once the findings of the RDD have been accepted by ADB, the Bank will inform and discuss with the CPO/CPMU on the findings. 70. Once the findings have been agreed between ADB and CPO/CPMU, the CPO/CPMU will inform officially to Dong Thap DARD/PPMU on the findings and request Dong Thap DARD/PPMU for the actions. Although Dong Thap DARD/PPMU already discussed and agreed on the findings and the needed actions during the RDD, the official letter from Findings of the due diligence 33

35 GMS Flood and Drought Risk Management and Mitigation Project, Thuong Thoi Tien Subproject CPO/CPMU on the findings and request for action is crucial so as the DARD/PPMU with the letter can work with Dong Thap PPC. 71. Dong Thap PPC is to issue a decision for implementing the issues (the mentioned issues in Paragraph 78) and arranging budget for implementing the issues. 72. Dong Thap DARD/PPMU, Hong Ngu DPC, DCCS and DCLFD will implement the actions. These agencies already understood the issues and the needed actions clearly during the RDD. 73. EMA will monitor the implementation of the action plan Table 4: Responsibilities and schedule for implementation of action plan Activities Responsibility Time-frame Inform/discuss with CPO/CPMU on the findings and required actions Inform to Dong Thap DARD/PPMU on the findings and required actions Work with Dong Thap PPC for a decision for implementing the issues Issue a decision for implementing the issues and budget arrangement Summarise the DDR into an one-page information paper Disclosure of the information paper and the decision of the PPC ADB September, 2013 CPO/CPMU September, 2013 DARD/PPMU September, 2013 Dong Thap PPC October, 2013 Dong Thap PPC October, 2013 PPMU/DPC/DCCS/DCLFD October, Implement of the issues PPMU/DPC/DCCS/DCLFD 8 Monitor of implementation of action plan 4.2. Budget for Implementation of Action Plan October/November 2013 EMA December, Based on the DMS result and the supplementary DMS carried out during the RDD by the DCLFD, it was estimated that the budget required to implement the action plan is VND 430,540,000, equivalents to US$ 20,501. The amount earmarked for implementing the actions and administrative/management cost (3%.). The detailed budget is as following: Findings of the due diligence 34

36 Table 5: Detailed Budget for Implementation of Action Plan Supplementary Assistances Unit Quantities Assistant Period Total (VND) 1 Residential Land 13,000,000 Bonus for hand over the affected land on-time HH (13) 1,000,000 13,000,000 2 Production Land 142,000,000 Bonus for hand over the affected land on-time HH (88) 1,000,000 88,000,000 Assistance for HH who lost from 10%-29.9% of total production HH (11) land holding (Family member: 52) 300, ,800,000 Assistance for HH who lost from 10%-29.9% of total production HH (01) land holding and have to relocate (Family member: 4) 300, ,200,000 3 Assistance for Income Disruption for Business HH HH (7) 8,000,000 56,000,000 4 Assistance for 207,000,000 Households headed by female HH (26) (Family member: 106) 300, ,400,000 Households headed by elderly person HH (14) (Family member: 62) 300, ,800,000 Household headed by the disable person HH (1) (Family member: 5) 300, ,500,000 Landless households HH (15) 300, ,300,000 Findings of the due diligence 35

37 Supplementary Assistances Unit Quantities Assistant Period Total (VND) (Family member: 57) Sub-total 418,000,000 5 Administrative/Management Costs 3% 12,540,000 Grand total 430,540,000 Findings of the due diligence 36

38 75. The budget for implementation of the action plan is from the counter-part fund. Dong Thap PPC is to allocate the budget timely for the action-plan implementation. The budget will be transferred from the state budget of Dong Thap PPC to the DCCS to implement of the action plan. Dong Thap PPMU will cooperate with the PPC, Hong Ngu DPC and DCCS to ensure that the budget will be transferred timely and adequately for implementation of the action plan. Findings of the due diligence 37

39 V. MINOTORING OF ACTION PLAN IMPLEMENTATION 76. The implementation of action plan is subproject to be monitored by the EMA. While carrying out external resettlement monitoring on resettlement implementations of the subprojects under the Project in Tien Giang and Dong Thap provinces, the EMA will conduct two visits to monitor the implementation of action plan by Thuong Thoi Tien River Bank Protection Subproject. The first visit will be when the action plan is commenced (November 2013) and the final monitoring visit will be when the action plan is completed implementation before the land is taken for construction activities. Based on the progress of the action plan implementation, the CPMU will mobilise the EMA to carry-out monitoring. 77. The indicators for monitoring of action plan implementation by Thuong Thoi Tien River Bank Protection Subproject will be as followings. Table 6: Indicators for Monitoring Issues 1 Information disclosure Monitoring Indicators (i) The information paper and the decision of the PPC on implementing the issues are posted in public places and provided to the eligible households. (ii) The eligible households understood the entitlements Allocation of plots in the relocation site Provision of bonuses for hand-over the affected land on-time for the HHs Provision of assistance for severely affected (iii) The schedule to provide additional assistances is discussed with the eligible households. (i) The cost for the plots is the same as the compensation rate made for affected residential land. (ii) Administrative cost, service fees and paper cost are exempted when providing LURCs. (iii) Water system provided and all infrastructures are functional. (i) Bonus for hand over the affected residential land on-time is provided. (ii) Bonus for hand over the affected production land on-time is provided. (i) Assistance is provided for the households who lost from 10% to 29.9% of total production land: Monitoring of action plan implementation 38

40 Issues households. Monitoring Indicators + 03 months for the households who are not relocated. 5 6 Provision of assistance for income-business disruptions for the affected business households Provision of assistance for vulnerable households + 06 months for the households who have to relocate + 09 months for the households who have to relocate and the households are vulnerable households. (ii) Job training at no-cost for the severely affected households are provided: + 01 member who is in labour age for the households who lost from 10%-30% of production land holding members who are in labour age for the households who lost from more than 30% to 70% of production land area + all family members who are in labour age for the households who lost more than 70% of the production land area (i) Assistance for business affected households who are without business license: 8.0 millions/ a household. (i) 03 month-rice subsidy is provided for: (a) the households headed by women; (b) the households headed by elderly/children/disable persons; and (c) the landless households. (i) A grievance redress mechanism is functional. 7 Grievance Redress (ii) Number of complaints and the natures of complaints on the implementation of the action plan. (iii) Number of solved complaints and satisfactions of the HHs on resolving of complaints. 78. The EMA will submit the monitoring reports (two reports for two monitoring visits) on the implementation of the action plan to CPMU and ADB. Monitoring of action plan implementation 39

41 APPENDICES Appendix 1. List of Consulted Persons Names Position Agencies Dong Thap PPMU 1 Chau Van Duong Head of Agricultural Projects Management Unit Vice-Director of Thuong Thoi Tien Bank Projection Subproject Dong Thap DARD 2 Le Tan Hai Technical Staff Dong Thap PPMU Dong Thap DARD Hong Ngu District People s Committee 3 Nguyen Trang Su Vice Chairman Head of District Committee for Compensation and Site Clearance Hong Ngu DPC Hong Ngu District Center for Land Fund Development 4 Tran Trung Khanh Director Hong Ngu DCLFD 5 Do Chi Luc Vice Director Hong Ngu DCLFD 6 Du Thanh Hung Vice Director Hong Ngu DCLFD Thuong Phuoc 2 Commune 7 Nguyen Hoang Viet Vice Chairman Thuong Phuoc 2 Commune People s Committee Thuong Phuoc 2 8 Tran Thanh Hoang Cadastral Officer - Thuong Phuoc 2 Commune Thuong Phuoc 2 9 Do Duy Truyen Head of the Residential Group 3 Thuong Phuoc 2 Commune Thuong Phuoc 2 Thuong Thoi Tien Commune 10 Tran Van Nghi Chairman Thuong Thoi Tien Commune People s Committee Thoi Thoi Tien Appendices 40

42 Appendix 2. Names of Surveyed and Interviewed Households No. Full name Year of birth Address 1 Nguyen Thanh Tai 1964 Thuong Thoi Tien Commune 2 Le Thanh Van 1953 Thuong Thoi Tien Commune 3 Pham Thi The 1951 Thuong Thoi Tien Commune 4 Nguyen Thanh Loc 1990 Thuong Thoi Tien Commune 5 Nguyen Van Y 1949 Thuong Thoi Tien Commune 6 Nguyen Thi Quyet 1943 Thuong Thoi Tien Commune 7 Nguyen Van Sang 1968 Thuong Thoi Tien Commune 8 Van Thi Kim Ngan 1985 Thuong Thoi Tien Commune 9 Nguyen Van Quang 1941 Thuong Thoi Tien Commune 10 Huynh Van Thanh 1930 Thuong Thoi Tien Commune 11 Giang Van Ha 1927 Thuong Thoi Tien Commune 12 Nguyen Van Tam 1982 Thuong Thoi Tien Commune 13 Doan Van Tang 1966 Thuong Thoi Tien Commune 14 Van Cong Toan 1978 Thuong Thoi Tien Commune 15 Truong Thi Tot 1928 Thuong Thoi Tien Commune 16 Lam Van Ho 1940 Thuong Thoi Tien Commune 17 Le Thi Diep 1954 Thuong Phuoc 2 Commune 18 Ngo Van Lau 1963 Thuong Phuoc 2 Commune 19 Tong Van Khoa 1940 Thuong Phuoc 2 Commune 20 Tran Thi My Hue 1964 Thuong Phuoc 2 Commune 21 Pham Van Liem 1958 Thuong Phuoc 2 Commune 22 Lo Van Tay 1951 Thuong Phuoc 2 Commune 23 Le Van Chop 1955 Thuong Phuoc 2 Commune 24 Dang Thi Muc 1959 Thuong Phuoc 2 Commune 25 Nguyen Thi Le 1949 Thuong Phuoc 2 Commune 26 Nguyen Van Dat 1952 Thuong Phuoc 2 Commune 27 Truong Van Sau 1966 Thuong Phuoc 2 Commune 28 Dang Thanh Hung 1966 Thuong Phuoc 2 Commune 29 Vo Be Nam 1966 Thuong Phuoc 2 Commune 30 Vo Van Gon 1931 Thuong Phuoc 2 Commune Appendices 41

43 No. Full name Year of birth Address 31 Tran Thi Thanh Thuy 1958 Thuong Phuoc 2 Commune 32 Le Ngoc Thu 1960 Thuong Phuoc 2 Commune 33 Truong Thi Lo 1952 Thuong Phuoc 2 Commune 34 Vo Van So 1961 Thuong Phuoc 2 Commune 35 Lo Thi Na 1939 Thuong Phuoc 2 Commune 36 Huynh Van Em 1950 Thuong Phuoc 2 Commune 37 Nguyen Van Chua 1959 Thuong Phuoc 2 Commune 38 Ho Thi Le 1961 Thuong Phuoc 2 Commune 39 Huynh Van Huynh 1936 Thuong Phuoc 2 Commune 40 Phan Minh Tam 1968 Thuong Phuoc 2 Commune 41 Nguyen Thi Hai 1957 Thuong Phuoc 2 Commune 42 Truong Van Chieu 1954 Thuong Phuoc 2 Commune 43 Le Hoang Nam 1956 Thuong Phuoc 2 Commune 44 Nguyen Van Con 1968 Thuong Phuoc 2 Commune 45 Pham Van Diep 1954 Thuong Phuoc 2 Commune 46 Nguyen Van Ban 1961 Thuong Phuoc 2 Commune 47 Vo Van Phat 1968 Thuong Phuoc 2 Commune 48 Nguyen Van Dung 1958 Thuong Phuoc 2 Commune 49 Dang Van Be Tu 1954 Thuong Phuoc 2 Commune 50 Duong Tan Phong 1963 Thuong Phuoc 2 Commune 51 Nguyen Viet Hung 1952 Thuong Phuoc 2 Commune 52 Tran Van Thuan 1935 Thuong Phuoc 2 Commune 53 Tran Van Duc 1962 Thuong Phuoc 2 Commune 54 Nguyen Van Ha 1950 Thuong Phuoc 2 Commune 55 Tran Huu Thuan 1964 Thuong Phuoc 2 Commune 56 Nguyen Thi Vien 1944 Thuong Phuoc 2 Commune 57 Ha Thi Minh Nho 1954 Thuong Phuoc 2 Commune 58 Huynh Thi Binh 1975 Thuong Phuoc 2 Commune 59 Nguyen Van Song 1965 Thuong Phuoc 2 Commune 60 Dang Be Ba 1950 Thuong Phuoc 2 Commune 61 Nguyen Thi Kim Hong 1963 Thuong Phuoc 2 Commune Appendices 42

44 No. Full name Year of birth Address 62 Tran Van Loi 1971 Thuong Phuoc 2 Commune 63 Vo Thi Muoi 1980 Thuong Phuoc 2 Commune 64 Nguyen Van Hien 1953 Thuong Phuoc 2 Commune 65 Nguyen Van Sang 1947 Thuong Phuoc 2 Commune 66 Nguyen Minh Ngoc 1977 Thuong Phuoc 2 Commune 67 Nguyen Van Hac 1965 Thuong Phuoc 2 Commune 68 Huynh Thi Bang 1975 Thuong Phuoc 2 Commune 69 Nguyen Van Nghia 1964 Thuong Phuoc 2 Commune 70 Nguyen Thi Thoa 1965 Thuong Phuoc 2 Commune 71 Ngo Thanh Bình 1977 Thuong Phuoc 2 Commune 72 Nguyen Van Hay 1954 Thuong Phuoc 2 Commune Appendices 43

45 Appendix 3. List of Meeting Participants Appendices 44

46 Appendices 45

47 Appendices 46

48 Appendices 47

49 Appendices 48

50 Appendices 49

51 Appendices 50

52 Appendices 51

53 Appendices 52

54 Appendix 4. Consultation Summary Consultation meetings Issues discussed Opinions/ suggestions of APs Consultation meetings during land acquisition, compensation, assistance and resettlement 1 Announcement of Approved Land Use Plan for the Subproject 1. The land area that will be acquired for the subproject construction. 2. The cut of date for compensation and assistance eligibility 3. Entitlements for compensation, assistance and resettlement 4. Schedule for DMS 5. Grievance redress mechanism 2 Discussion of Plan to Carry out DMS 1. Scales of impacts by households 2. Opinions of the DMS of the households 3. Methods of pricing the land and assets impacts. Appendices 53 APs Agreed with the area to be acquired as the area is in the eroded area. APs requested the PPMU/DCCS to inform APs six months prior to the time of land recovery so as APs could harvest the crops. This was agreed and the APs are still now using the land for short-term crops cultivation. APs Agreed on the cut-of date. APs requested that compensation for affected lands and assets to be compensated by cash and equivalent to the market rates. It was agreed that residential land would be compensated by market rate of the affected land; agricultural land would be compensated by the provincially regulated priceframe, plus with 3.0 times of the land value of the affected land for the allowance for job changes. Compensation for structures would be by market rate. Potential relocation households requested the PPMU/DCCS to arrange the plot in the relocation site for them those had no other place to stay. It was agreed. The APs requested the PPMU/DCCS to have a firm schedule for compensation and assistance payment for them so that I could purchase replacement land. APs agreed on the DMS schedule and the request for participation of APs on DMS. Agreed and understood the grievance redress mechanism. APs with some assets missed in the DMS requested supplementary DMS to cover the missed items. It was agreed and re-dms carried out for the HHs.

55 3 Disclosure and Respond to the Results of DMS and Pricing 4 Discussion on the location and the area of plots in relocation site Consultation during preparation of Due Diligence 5 Discussions with Dong Thap PPMU, Hong Ngu District Center for Land Fund Development, Hong Ngu District People s Committee 1. Confirmed on the DMS by households. 2. Consulted on result of pricing by households 3. Agreed on the date of compensation and assistance 1. The location of relocation site 2. The area of the plot in the relocation site 3. Infrastructures in the relocation site 4. Price for the plot in the relocation site 5. Plan of allocating the plot for the households 1. Information disclosure 2. DMS 3. Pricing 4. Payment of compensation and assistance 5. Relocation 6. Income Restoration Program 7. Grievance redress 6 Consultations with APs 1. Information disclosure 2. DMS 3. Pricing 4. Payment of compensation and assistance 5. Relocation 6. Income Restoration Program APs agreed on the DMS by households APs agreed on the methods of pricing for compensation and the compensation/assistant amount AP agreed on the date of compensation and assistance APs agreed on the location of the relocation site. APs satisfied with the infrastructures of the site and the area of the plot. APs concerned about the price of the plot in the relocation site the price is high in comparison to the compensation rate Relevant information was disclosed, the relevant documents were posted in public places. DMS was conducted properly. The missed items during DMS were re-measured. The applied compensation rates were market rate Compensation and assistances made in one-time; fully compensation/assistance paid. The price of the plot in the relocation site is high and this shall be raised to the PPC. No stand-alone income restoration program should be prepared because the households purchased replacement land (more than the affected area bu the subproject) in the local. No complaint so far from the APs. The consulted agencies agreed with the corrective action plan to ensure compliance to the provisions of the approved resettlement documents. APs confirmed that they got information provided during implementation of compensation and assistance; APs are still keeping the delivered documents. For the RDD, the DDR should be posted in the village level so that all households can access the information. Appendices 54

56 7. Grievance redress APs satisfied with the DMS. Compensation rates were market rates. The compensation and assistance amount received was sufficient to purchase the replacement land. Full compensation and assistance made to the APs. Payment was made in a convenient place. APs agreed with the location of the relocation site amd the area of the plot in the relocation site. However, APs concerned that the price of the plot is much higher compared to the compensation unit rate and this issue should be considered. APs agreed that, since the affected households could purchase the replacement land (larger than the affected area by the subproject) and there was no change (and will be no change) on production and income of the households; therefore, no income restoration program is needed. Only for the households who had business affected (sell miscellaneous goods, coffee, cigarettes in their house) without business license should be assisted as the households will have to relocate to the relocation site to re-establish their business. APs understood the grievance redress mechanism. Appendices 55

57 Appendix 5. Filled up DMS Self-Enumeration Form and Agreed DMS Form Appendices 56

58 Appendices 57

59 Appendices 58

60 Appendices 59

61 Appendices 60

62 Appendices 61

63 Appendices 62

64 Appendices 63

65 Appendix 6. Payment Voucher of a Household Appendices 64

66 Appendices 65