Viet Nam: Central Region Rural Water Supply and Sanitation Sector Project

Transcription

1 Resettlement Plan July 2015 Viet Nam: Central Region Rural Water Supply and Sanitation Sector Project WATER SUPPLY AND SANITATION OF THANH TRACH COMMUNE, BO TRACH DISTRICT, QUANG BINH PROVINCE Prepared by National Center for Rural and Clean Water and Environmental Sanitation for the Asian Development Bank. This is an updated version of the draft originally posted in June 2008 available on

2 CURRENCY EQUIVALENTS (as of 6 July 2015) Currency unit dong (D) D1.00 = $ $1.00 = D21,723 ABBREVIATIONS ADB Asian Development Bank AH Affected Household AP Affected Person CARB Compensation Assistance Resettlement Committee CSC Design-Build Construction Supervision Consultant CPC Commune People's Committee CPMU Central Project Management Unit CVWU Communal Vietnam Women's Union D&B Design and Build DARD Department of Agriculture and Rural Development, Provincial DPC District People's Committee EARF Environmental Assessment and Review Framework EC Environmental Protection Commitment EIA Environmental Impact Assessment EMoP Environmental Monitoring Plan EMP Environmental Management Plan EO Environmental Officer FS Feasibility Study GoV Government of Vietnam IEE Initial Environmental Examination lpcd liters per capita per day LARC Land Acquisition and Resettlement Completion Report LARP Land Acquisition and Resettlement Plan MARD Ministry of Agriculture and Rural Development MOH Ministry of Health MONRE Ministry of Natural Resources and Environment MOU Memorandum of Understanding NCERWASS National Centre for Rural Water Supply and Environmental Sanitation NGO Non-governmental Organization O&M Operation and Maintenance ODA Official Development Assistance OHS Occupational Health and Safety OU Operating Unit PCERWASS Provincial Centre for Rural Water Supply and Environmental Sanitation PIA Project Implementation Assistance PPC Provincial People's Committee PPMU Provincial Project Management Unit Project Central Region Rural Water Supply and Sanitation Sector Project PVWU Provincial Vietnam Women's Union REA Rapid Environmental Assessment NOTE In this report, "$" refers to US dollars.

3 This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

4 CENTRAL REGION RURAL WATER SUPPLY AND SANITATION SECTOR PROJECT {ADB Loan No VIE(SF)} UPDATED RESETTLEMENT PLAN Water Supply and Sanitation of Thanh Trach Commune, Bo Trach District, Quang Binh Province Document Stage: Implementation Loan Number: 2609 February 2014 The updated Resettlement Planning Document is the property of the borrower. The views expressed herein do not necessarily represent those of the ADB Board of Directors, Management or staff, and may be preliminary in nature.

5 List of Abbreviations ADB Asian Development Bank CPC Commune People s Committee DPC District People s Committee FS Feasibility Study GoV Government of Vietnam HHs Households IA Implementing Agency IMA Independent Monitoring Agency IOL Inventoryof Losses LURC Land Use Right Certificate NGO Non-Government Organization PPC Provincial People s Committee RP Resettlement Plan RC Resettlement Committee RVS Replacement Value Survey SPS ADB Safeguards Policy Statement VND Vietnam Dong WS Water Supply WTP Water Treatment Plant

6 Table of Content 1 PROJECT DESCRIPTION Background The Quang Binh Subproject Description Thanh Trach commune SCOPE OF LAND ACQUISITION AND RESETTLEMENT Inventory of Losses The Affected Land and Non-Land Assets Permanent Acquired Land Relocation of Utility Structures Cultural/Aesthetic Structures Disturbances to Livelihoods SOCIO-ECONOMIC INFORMATION OF SUBPROJECT INFORMATION DISCLOSURE Consultations Information Disclosure Project Cut-Off Date GRIEVANCE REDRESS MECHANISM POLICY FRAMEWORK AND ENTITLEMENTS Legal Framework Reconciliation of Government and ADB Policy on Resettlement ENTITLEMENTS, ASSISTANCE AND BENEFITS Objectives Project Entitlements RESETTLEMENT BUDGET AND FINANCING PLAN IMPLEMENTATION SCHEDULE RECOMMENDATIONS... 23

7 List of Figures Figure 1 Located of Thanh Trach commune in Quang Binh province Figure 2 Layout of the Quang Binh Subproject Water Supply System... 3 Figure 3 Land to be acquired for boreholes 1, 2 and Treatment Plant... 4 Figure 4 Land to be acquired for Water borehole number 3 and Figure 5 Land to be acquired for access road List of Tables Table 1 Components of the Water Supply System Table 2 Summary of Land Acquisition Table 3 Summary of Temporary Disturbances Table 4 Gaps Between National Laws and ADB Policy Key Issues Table 5 Entitlement Matrix of the Project Annexes Annex 1: Minutes of Public Consultation Annex 2: Minutes of meeting confirming public land and no resettlement

8 1 1 PROJECT DESCRIPTION 1.1 Background The Asian Development Bank (ADB) intends to provide an investment project that will contribute to the Government s goal of providing safe water supply and improved sanitation facilities for rural households in Vietnam. The Central Region Water Supply and Sanitation (RWSS) Project aims to improve the rural environment and enhance poverty reduction activities in six provinces of the Central Region of Vietnam, namely, Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Nam and Binh Dinh provinces, located in the North and South Central Region. The Executing Agency (EA) for the RWSS is the Ministry of Agriculture and Rural Development (MARD), with responsibility delegated to the National Centre for Water Supply and Sanitation (NCERWASS). The Implementing Agencies are the Provincial Centres for Water Supply and Environmental Sanitation (PCERWASS) established in each of the 6 provinces. Six proposed Subprojects in six target provinces were selected during project preparation in January 2009 will involve provision of piped-water supply system and sanitation facilities. The six proposed Subprojects are: In Thanh Hoa province, Tien Loc commune, Hau Loc district. In Nghe An province, Dien Yen commune, Dien Chau district. In Ha Tinh province, Thach Bang and Thach Kim communes, Loc Ha district. In Quang Binh province, Thanh Trach commune, Bo Trach district. In Quang Nam province, AGrong hamlet, A Tieng commune, Tay Giang district In Binh Dinh province, Tay Thuan and Tay Giang commune, Tay Son district. Based on ADB Social Safeguards Policy, a resettlement report shall be prepared when land acquisition and resettlement activities are identified that cause may impacts on people s way of life and their livelihoods that may impoverish them. For these reasons, a land acquisition and resettlement plan will be prepared for all the Subprojects of CRWSSP. A Land Acquisition and Resettlement Plan (LARP) has been prepared specifically for Quang Binh Thanh Trach Rural Water Supply and Sanitation Subproject in 2012 and has been updated in Nov This is based on the feasibility study and detailed engineering design of the subproject. The Thanh Trach RWSSSP will not cause any displacement to any person nor household. It will not cause any loss of livelihood, loss of trees and crops nor loss of private structures, thus will not trigger ADB s Policy on Involuntary Resettlement. 1.2 The Quang Binh Subproject Description The Quang Binh Subproject is located in Thanh Trach commune, Bo Trach district of Quang Binh province. The present situation in Thanh Trach commune is that there is no piped-water supply system. People buy water (from water tank) for cooking and use dug well or drilled well water for washing and bathing. Water from the well is contaminated with alum which sometimes clogs water tube. Households buy water for cooking and drinking at the price of 150,000 VND/m3. Drinking water is bought at 15,000 VND /bottle of 20 litres. Rainwater is considered to be unclean and people do not have the habit of using rainwater.

9 The proposed water supply project for Thanh Trach will include the construction of a treatment plant with a capacity of 1,530 m3/day Thanh Trach commune Figure 1 Located of Thanh Trach commune in Quang Binh province. Households will have easy access to clean and safe piped-water to their houses. It is estimated that the construction will be undertaken within a period of 2 years. The long-term goal is to provide to 13,000 people with clean and safe piped-water by The components of the water supply system for Thanh Trach will include:

10 Table 1 Components of the Water Supply System. 3 Qty Items Description 4 Water borehole wells 01 well is located in the treatment plant area 03 wells outside of the treatment plant. 1 Water treatment plant WTP is located at Tien Phong. Capacity to 2020 of 1,500 m 3 /day. Land area of WTP is 9,077 m 2. Distribution pipeline Transmission and service pipe lines are built from HDPE pipe with total length m Figure 2 Layout of the Quang Binh Subproject Water Supply System.

11 4 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2.1 Inventory of Losses The Quang Binh PPMU conducted an initial survey of losses for all affected land, assets, tree in the project area in 2012 According to Minutes of confirming public land and no resettlement dated February 29, 2102 signed between Quang Binh PPMU, Thanh Trach Communal People Committee and Thanh Trach Women Union and Decision No. 735a/QĐ-SNN dated on 8 October 2013 promulgated by Department of Agriculture and Rural Development on approval of Detailed Design Volume 1. All acquired land are public land owned by the CPC No private land, trees, and crops are affected. No private structures will be affected or lost. 2.2 The Affected Land and Non-Land Assets Permanent Acquired Land Scope of Land Acquisition According to the FS, four (4) borehole wells will be constructed. One (1) well will be located in treatment plant and 3 borehole wells are located out of treatment plant. The construction area of treatment plant is 9,077m2. Each borehole well will be equipped with submersible pump with a well house accommodating valves and other fittings. Land area required is 800 m2 including protection zone. The land for the borehole wells and water treatment plant are public land managed by the Commune People s Committee. Therefore no compensation on land or properties are required. Figure 3 Land to be acquired for boreholes 1, 2 and Treatment Plant.

12 5 Figure 4 Land to be acquired for Water borehole number 3 and 4. The access road connection from Highway 1A to the treatment plant with a length of 500 m and width of 4 m. is sufficient for trucks and other construction vehicles to enter the treatment plant. This is public land and no crops, trees or any properties located on the access road land that will be affected. Figure 5 Land to be acquired for access road.

13 6 Table 2 Summary of Land Acquisition. Land Acquired Affected area (m 2 ) Classification of land Household affected 3 borehole wells outside of treatment plant 4,800 Public land 0 Water treatment plant (including 1 borehole well) 9,073 Public land 0 Access road 2,416.3 Public land 0 Pipeline 537,9 Public land 0 Total area 16,827.2 Table 3 Summary of Temporary Disturbances. Structures Causing Temporary Disturbance Affected area (m 2 ) Classification of land Household affected Distribution and network service pipeline 25,000 Public land 0 Drainage channel 260 Public land 0 Total area 25, Relocation of Utility Structures There will no relocation of any utility structures Cultural/Aesthetic Structures Based on technical design there will be no impacts on any cultural or aesthetic structures Disturbances to Livelihoods Design of the pipeline located on the inter-hamlet roads, service roads located on the edge of the hamlets; show that there will be no impact or loss of structures, crops, as well as other assets of households during the construction of the pipeline. There will be temporary disturbances to businesses located along the road where the pipes will be laid which may cause difficulties in terms of access, and noise and dust pollutions. To minimize temporary disturbances particularly on access to businesses, services and other activities along the road, the Contractor will provide information in advance, about the date, time and duration of the construction activities so that the affected households/businesses and/or institutions will be able to prepare. Wooden or steel boards will be placed across excavations to provide access and ease traffic movements.

14 7 Other measures and timing to minimize disturbances and impacts are: Pipelines will be put in parallel with the process of digging ditches to save time. Once the pipes have been laid, this will be immediately being covered with earth/soil. Estimated installation of pipes will be around 2 days per section. Wooden planks will be placed where there are excavations crossing the road to ensure continuous traffic movement. Pressure test will take about 2 days. Total for construction of each m about 1 week. People are aware that this project will provide benefits and meet their practical needs. Through the above measures, damages, losses and disturbances to the households will hopefully be minimized. Making people aware of the construction activities will make them ready for construction and appreciate that clean water will be provided to their households soon which will improve their health and quality of life. 3 SOCIO-ECONOMIC INFORMATION OF SUBPROJECT The Subproject is located in Thanh Trach Commune, Bo Trach District, Quang Binh Province. This is connected to A1 Highway. Thanh Trach has a population of 12,191 persons or 2,587 households. Of these populations, 6,088 are males and 6,103 are females. There are 1,548 female headed household. Also, 5,822 persons belong to the working age. There are no ethnic minorities within the proposed subproject area. Subproject will provide latrine and septic tank for 300 poor households and near poor femaleheaded households. According to 2011 Statistics, the annual income per capita is VND 16 million. There are no affected households in the project area. Only temporary disturbances during construction period may occur as described in Section INFORMATION DISCLOSURE Disclosure of information and consultations were conducted during preparation and implementation of subprojects to ensure that stakeholders are timely informed about land acquisition, project entitlement framework, and grievance redress mechanism so that they will have opportunities to participate in and express their preferences and concerns regarding the resettlement program. However, all acquired land is public land, there are no affected households, compensation and resettlement is not required. 4.1 Consultations Consultation and information dissemination has been an integral component of the LARP preparation. During the preparation of this LARP, information about the scope of the project land acquisition has been discussed with local authorities and residents. The Public consultation was conduct on 10 October 2013 with presence of PPMU preventative and head of hamlets in Thanh Trach commune. See the Annex 1: Minutes of public consultation on water supply and sanitation subproject in Thanh Trach commune Bo Trach district Quang Binh province.

15 8 4.2 Information Disclosure The PPMU and DRCC keep the population informed about the project activities. Information such as the starting date of clearing of lands acquired and construction works schedule will be disseminated. Schedule of civil works for infrastructures shall be announced 1 month in advance. 4.3 Project Cut-Off Date The Cut-off date is 29 February, The PPMU shall announce this date because any structure constructed on lands to be acquired or affected; and trees and crops planted after that date will not be eligible for compensation. Announcement will use all forms of media such as posters, radio, newspaper and television so that all households within the project service area will be properly informed. District and Commune authorities shall also make announcements within their constituencies. 5 GRIEVANCE REDRESS MECHANISM Grievances related to any aspect of the Project will be handled through negotiation aimed at achieving consensus. Complaints will pass through 3 stages before they could be elevated to a court of law as a last resort. First Stage, Commune People s Committee An aggrieved affected household may bring his/her complaint before any member of the Commune People s Committee, either through the Village Chief or directly to the CPC, in writing or verbally. It is incumbent upon said member of CPC or the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have days following the lodging of the complaint to resolve it (Note: in remote and mountainous areas, the complaint should be resolved within days. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles. Upon issuance of decision of CPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the DPC. Second Stage, District People s Committee Upon receipt of complaint from the household, the DPC will have days (or days if it is in remote or mountainous areas) following the lodging of the complaint to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles. Upon issuance of decision of DPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the PPC. Third Stage, Provincial People s Committee Upon receipt of complaint from the household, the PPC will have days (or days if it is in remote or mountainous areas) following the lodging of the complaint to resolve the case. The PPC is responsible for documenting and keeping file of all complaints that reaches the same. Upon issuance of decision of PPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the

16 household can elevate his/her complaint to the court within 45 days. PPC will then deposit the compensation payment in an escrow account. Final Stage, the Court of Law Arbitrates. Should the complainant file his/her case to the court and the court rule in favour of the complainant, then PPMU/DRCC will have to increase the compensation at a level to be decided by the court. In case the court will rule in favour of PPC, then the amount deposited with the court is what the complainant will receive. The AHs will be provided with support and assistance by local based organizations, in case they have limited capacity in case they have questions or complaints. If efforts to resolve complaints or disputes are still unresolved and unsatisfactory following the project s grievance redress mechanism, the households have the right to send their concerns or problems directly to ADB s Operations Department, i.e., Transport and Communications Division, Southeast Asia Department (SERD) or through ADB Viet Nam Resident Mission. If the households are still not satisfied with the responses of SERD, they can directly contact the ADB's Office of the Special Project Facilitator (OSPF) as outlined in the "Information Guide to the Consultation Phase of the ADB Accountability Mechanism. Grievance redress mechanism will be applied if any affection is identified in detailed design process. 9 6 POLICY FRAMEWORK AND ENTITLEMENTS 6.1 Legal Framework The Resettlement Legal Framework and Entitlements for the Project have been built upon the laws of the Government of Viet Nam and the ADB's Safeguard Policy Statement (2009). However, provisions and principles adopted in the Resettlement Legal Framework for the project supersede the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists. The overall objective of the policy is to ensure that all people affected by the Subproject are able to maintain and, preferably, improve their pre-subproject living standards and income-earning capacity from compensation and life rehabilitation assistance for the loss of movable and immovable assets. The policy is based on the laws and regulations of the Government of Viet Nam (GOV) and the ADB. The principal Vietnamese laws and regulations include: The 2003 Land Law dated 26 November 2003; Decree 181/2004/ND-CP dated 29/10/2004of the Government guiding the execution of amended land law 2003; Decree 197/2004/ND-CP date 03/12/2004 of the Government on compensation, assistance and resettlement in the event of land recovery by the State; Decree No. 188/2004/ND-CP dated November 16, 2004 of the Government on methods of determining land prices and land prices framework; Circular No. 114/2004/TT-BTC dated November 16, 2004 of Ministry of Finance guiding the implementation of Decree No. 188/2004/ND-CP of the Government; Decree No. 17/2006/ND-CP dated January 27, 2006 of the Government amending and supplementing some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on the transfer state-owned companies into joint stock companies. Decree No. 84/2007/ND-CP dated May 25, 2007 of the Government on additional regulations on the granting of land use right certificates, land acquisition, implementation of land use

17 rights, compensation order and procedure, resettlement when the State recovers land and settle claims about land; Decree No. 123/2007/ND-CP dated 27 July 2007 amending and supplementing some articles of Decree No. 188/2004/ND-CP dated 16 November 2004 on methods of determining land prices and frame land prices; Decree 69/2009/ND-CP dated August 13, 2009 of the Government of Vietnam regulating additional planning of land use plan, land prices, land acquisition, compensation, assistance and resettlement; Circular 14/2009/TT - BTNMT dated January 10, 2009 by MONRE regulating compensation, assistance and resettlement procedures and land acquisition, land allocation, land lease in details; Reconciliation of Government and ADB Policy on Resettlement With the promulgation of Decree 197/2004/ND-CP (3/12/2004) and Decree 69/2009/ND-CP and relevant decrees stated above, the policies and practices of the Government have become more consistent with ADB s social safeguards policies. Nonetheless, provisions and principles adopted in this Resettlement Plan will supersede the provisions of the relevant decrees currently enforced in Viet Nam wherever a gap exists, as provided for under Decree 131/2006/ND-CP (November 2006), which regulates the management and use of official development assistance. It should also be noted that as per Decree 69/2009, Article 23, it states "Apart from the support prescribed in Articles 18, 19, 20, 21 and 22 of this Decree, basing themselves on the local realities, the provincial-level People s Committee shall decide on other supporting measures to stabilize life and production of persons who have land recovered; special cases shall be submitted to the Prime Minister for decision, therefore, if additional gaps not mentioned below are found during LARP updating, the required assistance or support will be included in the Updated LARP. The differences between the Government s Laws and Decrees and ADB Policy with regard to resettlement and compensation, and how to address these gaps for this Project are shown in the table below.

18 11 Table 4 Gaps Between National Laws and ADB Policy Key Issues. Key Issues National Laws ADB Policy Project Policy Vulnerable groups those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples. Definition of Vulnerable groups Provision of Assistance to Economically Displaced Households. Decree 197/2004 (as amended by Decree 69/2009) states that affected households losing 30% or more of their productive land will be provided assistance. However, Article 23 of Decree 69/2009 also states that based on actual conditions at the local area, PPC shall determine other assistance methods to ensure accommodation and life stabilization. It also states that households who are directly involved in agricultural production and derive their major income from the land that are to be acquired by the Government, PPC shall consider the assistance level on a case by case basis based on actual conditions. Provide economically displaced persons with needed assistance. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. Focus on strategies to avoid further impoverishment and create new opportunities to improve status of the poor and vulnerable people. (i) female headed households with dependents (ii) households with disabled persons, (iii) households falling under the current MOLISA benchmark poverty line, (iv) children and elderly households who are with no other means of support, (v) landless households, and (vi) non-integrated and vulnerable ethnic minorities; and (vii) social policy households as defined by the Government Specific measures will be provided to ensure that all vulnerable groups are assisted to improve or at least restore living standards to pre-project levels and in a manner that is culturally sensitive and appropriate.

19 Decree 17, 2006 also states that In any case where any household or individual from whom land is recovered has a living standard which is classifies either as a 12

20 Key Issues National Laws ADB Policy Project Policy poor household according to criteria set for poor households by MOLISA, they must be assisted to overcome the poverty. The actual amount and time of assistance will be decided by the People s Committee of a province or city under Central control but it must not be less than 3 years and must not exceed 10 years counting from the day of completion of land recovery. Non-titled users Clause 2 of Article 23, Decree 69/2009, the Peoples Committees of the provinces or centrally-run cities shall consider providing such support on case-by-case basis. Unregistered businesses Houses and structures Compensate and support only registered manufacturing and business enterprise or households Decree 197/2004, Articles 18-20: Houses and structures constructed prior to land use plans or the right of way announcements will be assisted at 80% of replacement cost. Non-titled households, including displaced tenants, sharecroppers and squatters, are not entitled to compensation for land but are entitled to payment for non-land assets and assistance to restore their pre-project living standards. If they are poor and vulnerable, appropriate assistance must be provided to help them improve their socio-economic status. Promptly compensate all economically displaced persons for the loss of income or livelihood sources at full replacement cost, and assist through credit facilities, training and employment opportunities Structure to be compensated 100% of replacement cost, without depreciation and regardless of status of the AH on the land as long as structure was put prior to the cutoff date Poor and vulnerable non-titled users will be provided appropriate assistance to help them improve their socio-economic status. The type of assistance will be identified during LARP updating as per consultation with households. Assist displaced persons/households who do not fall under registered business by providing assistance in cash or in-kind during transition period. Houses and other structures on land without sufficient conditions for compensation that were constructed prior to the decision on land recovery (cut-off date) will be compensated 80% of new construction price. Plus: cash assistance amounting to 20% of new construction price if at the time of construction there is no clear or proper announcement of land use plan or ROW. 13

21 Entity that Provincial and cities people s Qualified and experienced experts will Qualified and experienced experts will be 14

22 15 Key Issues National Laws ADB Policy Project Policy conducts the valuation of acquired assets undertake the valuation of acquired assets committee under central authority will establish specific land prices based on the principles stated in clause 1, Article 56, Land Law. Qualified organizations may provide consultancy on land prices (Article 57, Land Law) engaged to conduct replacement cost surveys for the project which will be used as input by the District Compensation Boards under the District People s Committee for determining compensation amounts.

23 14 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS 7.1 Objectives The overall objectives of the resettlement policy for this LARP are (i) to minimize, if not avoidable, resettlement impacts; (ii) if impacts are unavoidable, LARP is prepared in a way to ensure that AHs are not worse off; rather, they should be able to at least maintain or otherwise improve their pre-project living standards and income-earning capacity. Principles adopted for this Project, irrelevant to current situation but might be relevant in the future in case there will be major changes in alignment designs, are presented below: Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options. Compensation will be based on the principle of replacement cost at the time of compensation. Displaced persons without title or any recognizable legal rights to land are eligible for resettlement assistance and compensation for non-land assets at replacement cost. Residential land, residential house and agricultural land for replacement should be close to the previous places as much as possible and be suitable to displaced persons. Meaningful consultation will be carried out with the affected households and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of the AHs and communities will be taken into account. The LARP will be disclosed to AHs in a form and language(s) understandable to them prior to submission to ADB. Resettlement identification, planning and management will ensure that gender concerns are incorporated. Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line. Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved. Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project. Resettlement transition stage should be minimized. Restoration measures will be provided to displaced persons before the expected starting date of construction in the specific location. Budget for payment of compensation, resettlement and support will be prepared sufficiently and made available during project implementation. Sites for resettlement and restoration will be available as required. Reporting and independent monitoring should be defined clearly as part of the management system of resettlement. Independent assessment of the duration and results of the land recovery should be carried out.

24 PPMU will not issue notice of possession to contractors until DPC has officially confirmed in writing that (i) payment has been fully disbursed to the displaced persons and rehabilitation measures are in place as per Updated LARP agreed between PPMU and ADB; (ii) already-compensated displaced persons have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. No land recovery or site clearing will be done until and after the Updated LARP has been agreed between PPMU and ADB and the provisions in the Updated LARP have been implemented satisfactorily Project Entitlements The project entitlements (i.e. compensation and support) developed and presented in the entitlement matrix below corresponds to the impacts identified during the IOL. It should be noted that these entitlements may be enhanced, as necessary, following the conduct of DMS and consultation with AHs. Entitlements adopted are based on government policies and decisions and ADB policies. Entitled persons are those who satisfy the cut-off-date.

25 16 Table 5 Type of No. Loss/Impacts 1 Productive Land (Agricultural, Aquaculture, Forest, Garden) Entitlement Matrix of the Project. Application Eligible Persons Entitlements Marginal loss (i.e., land is still economically viable for use or meets the expected personal yield) This will be determined by the Compensation, Assistance and Resettlement Board or CARB and concurred with by the affected household during the detailed measurement survey or DMS) Same application as above Owners with LURC; in the process of acquiring LURC; are eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups. Affected households with lease agreement over the affected land For the portion to be acquired permanently: Cash compensation at replacement cost (free from taxes and transaction costs). For the portion to be used temporarily during construction: (i) rental in cash which will be no less than the net income that would have been derived from the affected property duringdisruption;(ii) restorationofthelandwithin3 months after use; PCERWASS will pay full replacement cost if contractor fails to restore the affected land within 3 months after end of use. For non-land assets, see Items 3-5 below. Affected households to be notified at least 4 months prior to the date that the Project will actually be acquired by the Project. For the portion to be acquired permanently: (i) cash assistance equivalent to 30% of the replacement cost of the land for any improvements (e.g., landscaping, filling, leveling, etc.) invested on the affected property to make it productive; (ii) cash assistance for permanent loss of production equivalent to market value of produce on affected land per year multiplied by 3 years.

26 No. Type of Loss/Impacts Application Eligible Persons Entitlements Severe loss (i.e., land no longer viable for continued use or does not meet the expected personal yield, therefore the entire property to be acquired.) This will be determined by the CARB and concurred with by the affected household during DMS) Owners with LURC; in the process of acquiring LURC; is eligible to acquired LURC; and those covered by customary rights, such as members of ethnic minority groups. Same application as above Affected households with lease agreement over the affected land For the portion to be used temporarily during construction: rental in cash which will be no less than the net income that would have been derived from the affected property during disruption; (ii) restoration of the land within 3 months after use; Government will pay 30% of the replacement cost of the property if contractor fails to restore the affected land within 3 months after end of use. For non-land assets, see Items 3-5 below Affected households to be notified at least 4 months prior to the date that the Project will actually be acquired by the Project Cash compensation at replacement cost (free from transaction costs) for the entire land, or land-for-land of equivalent productive value and with secure tenure. For non-land assets, see Items 3-5 below For allowances due to severe loss, see Items 9 and 11 below Entitled to take part in the income restoration program Affected households to be notified at least 4 months prior to the date that the Project will actually be acquired by the Project Cash compensation equivalent to 30% of the replacement cost of the entire land for lost investments or land-for-land of equal productive value and with same lease agreement, plus cash assistance for 17

27 No. Type of Loss/Impacts Application Eligible Persons Entitlements Marginal loss (i.e., land is still viable for use and not requiring relocation) This will be determined by the CARB and concurred with by the affected household during the DMS 2 Residential Land Severe loss (i.e., land no longer viable for continued use and the entire property to be acquired). Owners with LURC; in the process of acquiring LURC; are eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups. Owners with LURC; in the process of acquiring LURC; is eligible to acquire permanent loss of production equivalent to market value of produce on affected land per year multiplied by 3 years. For non-land assets, see Items 3-5 below For allowances due to severe loss, see Items 9 and 11 below Entitled to income restoration program Affected households to be notified at least 4 months prior to the date that the Project will actually be acquired by the Project For the portion to be acquired permanently: Cash compensation at replacement cost (free from taxes and/or transaction costs). For the portion to be used temporarily during construction: rental in cash to be negotiated by CARB with the affected households; (ii) restoration of the land within 3 months after use; Government will pay replacement cost if contractor fails to restore the affected land within 3 months after end of use. For non-land assets, see Items 3-5 below Affected household to be notified at least 6 months prior to the date that the Project will actually be acquired by the Project Cash compensation at replacement cost (free from taxes and transaction costs) for 18

28 No. Type of Loss/Impacts Application Eligible Persons Entitlements This will be determined by the CARB and concurred with by the affected household during DMS Marginal impact (i.e., unaffected portion of the house is still viable for use and require no relocation This will be determined by the CARB and concurred withby the affected household during the DMS. 3 House and Shops Severe impact (i.e., house is no longerviable for continued use and the entire structure is to be acquired This will be determined by the CARB and LURC; and those covered by customary rights, such as members of ethnic minority groups. Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit Owners of the structures with or without acceptable proof of ownership over the land; with or without the entire land, or land-for-land of similar attributes with secure tenure For non-land assets, see Items 3-5 below For allowances due to relocation of house, see Item 10 below Affected households to be notified at least 6 months on the date that the Project will actually be acquired by the Project The Project, through the CARB and the Commune People s Committee (CPC), will acquire and develop a group relocation site if at least 8 affected households losing entire residential land in a village are willing to shift to said relocation site in lieu of cash compensation for their lost residential land. Each home plot will be not less than 200 m² in ruralareas and not less than 100 m² in urban areas and will have its own latrine. Relocation site will have basic facilities. Cash compensation at replacement cost (i.e., no depreciation and no deduction for salvage materials) for the affected portion. Repair allowance not less than 20% of replacement cost of the affected portion or equivalent to the actual cost of repair. Cash compensation based on current market prices of materials and labour without depreciation or deductions for salvaged building materials for the entire 19

29 No. Type of Loss/Impacts 4 Secondary Structures (kitchen, latrine, etc) 5 Crops and Trees, aquaculture products 6 Public Facilities (Electric poles, telecom, 7 Communal-owne d irrigation system Application Eligible Persons Entitlements concurred with by the affected household during DMS. Loss of, or damage to, assets Loss of, or damage to, assets building permit Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit Owners regardless of tenure status structure. For allowances see Item 10 below Cash compensation based on current market prices of materials and labour without depreciation or deductions for salvaged building materials Annual crops and aquaculture products equivalent to current market value of crops/aquaculture products at the time of compensation; For perennial crops trees, cash compensation at replacement cost equivalent to current market value given the type, age and productive value (future production) at the time of compensation. Timber trees based on diameter at breast height at current market value Loss of, or damage to, assets EVN, Telecom, Cash compensation to cover the cost of restoring the facilities Loss of, or damage to, assets Irrigators Association Cash compensation to cover the cost of restoring the irrigation system Damage to graves Affected households All costs of excavation, relocation and reburial will be reimbursed in cash to the affected family. Graves to be exhumed and relocated in culturally sensitive and appropriate ways 8 Graves Severe impacts due to loss of 10% or more of their total productive land and income sources Owners with LURC; in the process of acquiring LURC; Transition subsistence allowance of VND24,000,000 per household, sufficient 20

30 No. Type of Loss/Impacts 9 Loss of Income/Livelihood due to loss of productive land 10 Impacts on Houses and Will Require Relocation Application Eligible Persons Entitlements are eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups and affected households with lease agreement over the affected land Severe impacts on houses Relocating households (houses) regardless of tenure status Severe impacts on shops Relocating shop owners) regardless of tenure status to provide minimum basic needs of the household for 2 years and which amount will be given in tranches every 6 months to coincide with the cropping season while affected households are taking part in the income restoration program in order to restore their pre-project income/livelihood. Materials transport allowance not less than VND 3,000,000/ household or equivalent to the actual cost of relocation expenses (labour, transport) if relocating within the district. Affected households opting to transfer to another province will be provided not less than VND 5,000,000/ household or equivalentto the actual cost of relocation expenses (labour, transport). Transition subsistence allowance of not less than 6 months VND 6,000,000/household. This will cover miscellaneous/ living expenses costs rebuilding of house for a period of six months. Materials transport allowance not less than VND 3,000,000/ shop owner if relocating within the district or equivalent to the actual cost of relocation expenses (labour, transport). Affected shop owner opting to transfer to another province will be provided not less than VND 5,000,000/ 21

31 No. Type of Loss/Impacts 11 Loss of Income/ Livelihood due to relocation of business 12 Higher risks of impoverishment / hardship due to loss of resource base Application Eligible Persons Entitlements Loss of Land and Non-Land Assets Affected vulnerable groups regardless of severity of impacts household or equivalent to the actual cost of relocation expenses (labour, transport). Business disruption allowance of not less than 6 months VND 6,000,000/household to cover the loss of income during reestablishing of shops which is reckoned to take six months Additional support allowance of not less than VND 1,200,000 per household for 12 months to cover for additional human resources to help them rebuild their houses and re-establish their livelihood. Entitled to take part in Income Restoration Program 22

32 23 8 RESETTLEMENT BUDGET AND FINANCING PLAN All land is public land and thus there will be no resettlement nor affected households entitled for compensation. 9 IMPLEMENTATION SCHEDULE Main Resettlement Plan Activities Implementation schedule LARP Preparation (IOL, Consultation, RCS) 11/2012 PPC submission to ADB for review and concurrence 12/2012 Updating of LARP after having detailed design 10/2013 Submission of updated LARP to ADB 11/2013 ADB review and comment 01/2014 Resubmission of revised updated LARP to ADB 02/ RECOMMENDATIONS Thanh Trach Water Supply and Sanitation Project, Bo Trach District, Quang Binh province does not trigger the ADB s Policy on Involuntary Resettlement because the land acquired for the water supply structures and pipeline network are all unoccupied public lands and no household is affected. Public Consultation has been conducted as prescribed by both ADB Policy on Involuntary Resettlement and the laws of the Government of Vietnam on Land and Resettlement. This Subproject is classified as Category C and no further action is required. This is compliant to the social safeguards of both ADB and the Government of Vietnam s law and decrees on land and resettlement.

33 Annex 1: Minutes of Public Consultation

34 2 Translation of original document SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom Happiness MINUTES OF PUBLIC CONSULTATION ON WATER SUPPLY AND SANITATION SUBPROJECT IN THANH TRACH COMMUNE BO TRACH DISTRICT QUANG BINH PROVINCE Project: Central region rural water supply and sanitation sector project Thanh Trach commune, Bo Trach District. Venue: CPC of Thanh Trach commune, Bo Trach district. Time: 8h 10h30, 10 October Attendance: Representatives of PPMU: Mr. Nguyen Van Duoc Mr. Bui Thai Nguyen Mr. Le Minh Thuong Representatives of CPC of Thanh Trach commune: Mr. Nguyen Van Lao Mr. Nguyen Hoai Nam Mr. Truong Cong An Mr. Nguyen Chi Phuc Mr. Nguyen Van Hoa Mr. Nguyen Xuan Thu Mr.Nguyen Van Deng Mr. Nguyen Quoc Tuan Mr. Le Van Hong Mr. Le Van Truong Content: Designation: Director Designation: Deputy Director Designation: Technical staff Designation: Chairman Designation: Land construction staff Designation: Head of Thanh Khe commune Designation: Head of Quyet Thang commune Designation: Head of Tien Phong commune Designation: Head of Thanh Vinh commune Designation: Head of Thanh Giang commune Designation: Head of Thanh Xuan commune Designation: Head of Thanh Hai commune Designation: Head of Da Nhay commune Purpose of the meeting is to announce the design of water supply pipeline of the Central region rural water supply and sanitation of Thanh Trach commune, Bo Trach district and help the local residents understand work construction; impacts of construction on environment; assets, land and plant compensation; resettlement issues; policies regarding to compensation and resettlement, etc. Project overview: Source of budget: Asia Development Bank (ADB) s loan 87% of total investment; local budget and contribution of beneficiaries is 5% of total investment. The Owner: DARD of Quang Binh province. Representative of the Owner: province. Form of project management: the Employer manages the project directly. Expected duration: The subproject includes 2 outputs with the following objectives:

35 3 Construction of water supply system with the volume of 1,530m3/day in order to meet the demand of 2,191 people, public facilities and production units in Thanh Trach commune, Bo Trach district, Quang Binh province by Improve sanitation condition of commune. Investment items: *Water Treatment Plant: the plant is constructed at Tien Phong hamlet, Thanh Trach commune, Bo Trach district including: Drilled-wells and raw water pumping station: 4 drilled-wells. Slow filter tanks and water tank: slow filter tank with the filtering area of 210m2; the water tank with the volume of 300m3. Aeration tank with the contact area of 150m2. Treated water pumping station and warehouse with the area of 88m2. Administration house with the area of 130m2. Electricity supply system for pumping station: consists of 100KVA transformer station; system of power poles, power lines to water treatment area with 330m long and electricity supply system for raw water pumping station and treated water pumping station. Fence and ground surrounding head area with length of 208m. Water tower with volume of 125m3 and length of 20m. *Water supply pipeline: includes transmission pipeline, distribution and service pipelines: Main pipeline: installed along the left and the right of National highway 1A and the road in commune to transmit water. HDPE pipe D90-D225 is used. Total length of the pipeline is 13,600m. Distribution pipeline: installed along inter-commune road for transmitting water to commune. Material is HDPE pipe D40-D75 with total length 51,705m. Service pipeline: installed along communal inter-road and to household s territory for transmission of water to each household. Material is HDPE pipe D20 with total length 18,500m. Component 2: Improve public sanitation and household sanitation Construction of 184 pours flush latrines for 184 poor households. Construction of 04 public latrines for 03 schools and Communal Health Station. Construction of drainage system with 50 meters length for Thanh Khe hamlet. Provide loan for non-poor households who have demand for latrine construction through Sanitation Revolving Fund through Commune Women Union Areas to be acquired for project implementation: A certain area of land is acquired for construction of water supply system. The acquired land areas are for water treatment plant, drainage system and public latrines designed on public land (already acquired at Decision No.641/QD-UBND on land acquisition, transferring land-use purpose and land handover to DARD for construction of head area belonging to CRRWSSSP, subproject Thanh Trach). Project impacts on affected households, compensation activities, responsibilities, organization, implementation plan, progress: According to approved construction design drawing and survey result carried out by PPMU,

36 no relocation due to constructing project. 4

37 In order to mitigate impacts of the subproject on traffic, production, business for households livelihood along the route of the project road section during installation of pipelines, the design-build contractor and Local authorities have carried out a number of following activities: Disclosure of construction plan to local people so that they can arrange their life Public disclosure of information and marking the pipelines. Apply successive construction method, construction together with fencing and backfilling in order to mitigate adverse impacts on traffic and households business. According to Consultant, it shall take within 2 to 3 days for earthwork, installation, backfilling and land recovery. Affected opinions: households In community consultation, hamlets representatives have agreed as follows: the affected area of concrete ground will be recovered during construction and local environment will not be affected. Discussion results: After brief introduction on subproject construction as mentioned above, PPMU, leaders and land officer of Thanh Trach CPC have agreed the followings: no compensation for resettlement and determining the construction mark. All representatives attending the consultation kindly hope that the project will be soon implemented in order to improve health and sanitation condition in locals. REPRESENTATIVES OF PPMU REPRESENTATIVES OF CPC

38 C<)NG HOA XA HOI CHlJ NGHlA VItT NAM D()c l p-tl! do- Hl].nh PhUc BIEN BAN CU<)C HQP TRAM VAN C<)NG DONG VE DljAN NU'OC S CH VA VSMT XA THANH T CH, HUYE;N BO T CH, TiNH QUANG BiNH Tiu dt! an: dp nu6c s ch va vsinh moi tru<mg xa Thanh Tr ch, huyn B6 Tr ch. Dja dmi ta chfrc: UBND xa Thanh Tr?ch, huyn B6 Tr?ch. ThOi gian ta chfrc: Tir 8 gio dsn 1o gio 30, ngay 10 thang 1 o nam Thanh phftn tham dt.r: Di din Ban quan ly dl! an: - Ong: Nguyn Van Duqc - 6ng: B.ui Thai Nguyen - Ong: Le Minh Thu<mg Di din UBND xa Thanh Tr ch: - Ong: Nguyn Van Lao - Ong: Nguyn Hoai Nam - Ong: Truong Cong An - Ong: Nguyn Chi Phuc - Ong: Nguyn Van Hoa - Ong: Nguyn Xuan Thu - Ong: Nguyn Van Deng - Ong:Nguyn Qu6c Tu n - 6ng: Le Van Hflng - 6ng: Le Van Truong N{)i dung: Chuc V\1: Giam d6c Cht!c vv: Ph6 Giam d6c Cht!c V\1: Can b9 ky thu t Chuc vv : Chu tich Chuc V\1 : Can b9 dia chinh - xay dl!llg Chuc V\1 : Truang than Thanh K.he Cht!c V\1 : Tru6ng than QuySt Th ng Chuc V\1 : Truong than Ti n Phong Chuc V\1 : Tru6ng than Thanh Vinh Chuc V\1 : Tru6ng than Thanh Gianh Cht!c V\1 :Truong than Thanh Xuan Cht!c V\1 :Truong th6n Thanh Hai Chuc V\1 : Truong thon Da Nhay M\lc dich cua cu(>c h9p thong bao cac than v thist ks mng lu6i duong 6ng c p nu6c dl! an Cp nu6c sch va vsinh moi truong xa Thanh Tr?ch, huyn B6 Tr?ch. Giup nguoi dan hi u ro vic xadvng cong trcp n,u6c S?Ch va vsinh? nhfrng a huang cua qua trinh xay dvng den moi truong, van de boi thu<mg thit hi ve tai san, dat va cay tr6ng, vn d tai dinh cu, cac chinh sach v h6 t rq b6i thuong, tai dinh cu 0

39 ' - Ngu6n v6n d u tu: v6n Ngan hang phat trin chau A (ADB) 87% t6ng muc d u tu; Ngan sach dja phuang vaf Dan dong g6p 5%. - Chu d u tu: S6 Nong nghip va PTNT Quang Binh. - Di din chu d u tu: Ban QLDA C p nu6c s ch va vsinh moi trucmg n6ng thon vung min Trung tinh Quang Binh. - Hinh thuc quan ly dt,r an: Chlt d u tu trt,rc tip quan ly dt,r an. - Thai gian tht,rc hin dt,r an: Dt,r kin tu Dt,r an bao g6m 02 hqp ph n v6i cac n9i dung nhu sau: - Xay dt,rng hth6ng dp mr6c c6 c6ng su t khai thac khoang m3/ngay dem nhm dap ung du nhu du sfr dt,mg nu6c cho nguoi, cac c6ng trinh djch v1,1 cong c9ng va cac co s6 san xu t tren dja ban xa Thanh Tr ch, huyn B6 Tr ch, tinh Quang Binh dn nam Cai thin diu kin vsinh m6i tru<mg tren dja ban xa. Cac h:m, g m1c dfi u tjr: Bao g6m cac h ng ml,jc: *Tql m xl'r ly nu o c: Tr m xu ly nu6c duqc dt ti thon Tin Phong, xa Thanh Tr ch, huyn B6 Tr ch bao g6m: - C1,1m gi ng khoan va trm bam dp 1: G6m 04 ging khoan. - C\Jm bs l9c chm va bchua: BIQc chm (din tfch IQc 21Om (dung tich 300m 3 ). - BS lam thoang, tip xuc 150m2 - Nha trm bam dp 2 + kho vt tu, d1,1ng c1,1: din tich su d1,1ng 88m 2. - Dai chua nu6c: dung tich 125m 3 ; chiu cao 20m. 2 ) ; be ch(ra nu6c - Nha quan ly diu hanh: din tich sfr d1,1ng 130m 2 - Hth6ng dp din trm bam: g6m trm bi n ap I OOKVA; hth6ng CQt di n, day dn dn nha trm bam diti 330m va hth6ng dp din cho may bam dp I va dp 2. - IIth6ng hang rao, san be tong bao quanh cac khu VI,I'C dfiu m6i dai 208m. *Mng hro i dtritn g 6ng dlp nu o c: Bao g6m duong 6ng dp I, dp II va duong 6ng n6i trvc tip vao hq gia dinh, trong d6: -Duong 6ng c p I :Men thco phia trfti va phia phai duong Qu6c 19 1A va duong giao thong trong xa, nhi v1,1 vn chuyn nu6c, sfr d1,1ng 6ng nht,ra HDPE tu fi90 d n fi225, t6ng chi da i I3.600m. - Duong 6ng dp II : Men theo ducmg lien thon, nhim V\J phan ph6i mr6c dn cac thon, sfr d1,1ng 6ng nht,ra HDPE tt! ti40 d n fi75, t6ng chiu dai m. t - Duong 6ng n6i trt,rc ti vao hq gia dinh: Men theo duong lien thon va vao d t hq gia dinh, phan ph6i nu6c a n cac hq gia dinh, sfr d\]ng 6ng nhva HDPE fi20, t6ng chiu dai m. H<,rp phfi n 2: oii thni vsinh cong cc}ng va hv gia uinh -::.& v - * \

40 - Xay di,tng 184 nha vsinh tham d9i nu6'c cho 184 h9 ngheovaf hooj. - Xay di,tng 04 nha vsinh c6ng c9ng cho 03 twang h9c va Trm y txa. - Xay di,tng hth6ng c6ng tieu thoat nu&c khu VIJC thon Thanh Khe dai 50m. - H6 trq xay di,tng nha vsinh cho h9 gia dinh khong thu9c din ngheo b ng khoim vay tin dt,mg uu dai thong qua H9i phv nfr. Cac khu Vl,I"C se bi thu hbi khi trin khai thtrc hin dv an: \ Vic xay d1jng hth6ng cfrp nu6'c va vsinh moi truong dn thu h6i m<)t din tich dfit nhfit djnh. Cac vi tri dn thu h6i afit dxay dvng Ia khu vvc trm xti ly mr&c, h th6ng c6ng tieu thoat nu6'c, nha vsinh cong c9ng duqc thit ktren dfit cong (da duqc thu h6i dfit tiiti Quyt djnh s6 641/QDD-UND vvic thu h6i dfit, chuyn mvc dich sti dvng dfit va giao dflt cho Sa Nong nghip va PTNT xay dvng khu khai thac va xti ly thu<)c Dv an Cfip mr6'c SiitCh va VSMT xa Thanh Tr ch, huyn B6 Trch). Cac tac dc)ng cua dlf an dn nguiri bi anh hu o ng, cac hot dc)ng bbi tllll'irng, trach nhi m, tb chfrc thv c hi n, kho ch th1,1'c hi n, tin de): Theo tai liu thit kbim ve thi cong da duqc phe duyt kt hqp v&i vic khao sat cua can b9 Ban quan ly d1,r an, kh6ng c6 h9 dan ni10 phai di doi lien quan dn vic thu h6i dfit dxay d1jng cac cong trinh. Dgifun thiu tac d9ng dn giao thong, san xufit, kinh doanh d6i v6'i cac hq dan sinh s6ng hai ben cac tuyn duong trong qua trinh lp dt 6ng dful nu6'c, nha thu thi cong va Chu du tu kt hqp v&i dja phucmg da trni khai m9t s6 vi c: - Cong khai kho ch thi cong cua nha thu d& nguoi dan b6 tri sp xp hot d9ng cua ch inh h9 cho phu hqp v6'i kho ch thi cong. - Thong bao r6ng rai cho nhan dan va ck m6c, huang tuyn duong 6ng di qua ds nguoi dan bit nl1m ph6i hqp t6t trong qua trinh thi cong cong trlnh. - Vic thi cong dn ap d\mg theo phuong phap cu6n chi u, thi cong dn dau thl 5d rao ch n. dao dp dn d6 dgiam thiu anh huang dn giao thong di li va vic san xufit kinh doanh cua cac h9 dan. Theo tu vfin ky thu?t, qua trinh dao dfit, dt 6ng, lfip dfit, horm tra mt b ng Ii se dugc th1jc hin trong vong 2 dn 3 ngay tren CO Sa lam ti.rng don dqc th ng theo h th6ng. Cac y l<in ciia cac he) gia dinh bj anh hu o ng: Di din cac thon cu9c h9p tham vfin c<)ng d6ng hoan toan nhfit tri v&i din tich san nn be tong bj anh huang se duqc hoan tra mt b ng trong qua trinh thi cong va khong bi anh huang vsinh moi tmong a dja phuong. Kt qua thao lun : an nhu da neu a tren, Ban Sau khi gi6i thiu t6m tt thti kthi cong vtiu dv qufm ly d\f an cung v6'i cac lanh d o. can b9 dja chinh UBND xa Thanh Tr ch da th6ng ' \

41 t!j 0.vdu/PI f-- k" :- fiu-1 t \

42 Annex 2: Minutes of meeting confirming public land and no resettlement

43 Scanned files of original documents C<)NG HOA xa H<)I CHU NGHiA Vl T NAM Di)c l p- Tl!do -Hnh phuc Thanh Trr;tch, ngay 29 thimg.2 niim 2012 BIEN BAN xac NHN BAT c6ng VA KHONG CO TAl DJNH CU,..._ Thea Quy t djnh s6 3568/QD-BNN-HTQT ella BQ Nong nghip va Phat tri n nong thon ve vic phe duyt n(>i dung Dl! an "Cp mr6c va vsinh moi truang nong thon vilng misn Trung" do Ngan hang phat trin Chiiu A tai trg. Thl!c hin Van ban s6 1320!ITg-QHQT ngay 03/8/2009 ella Thll tu6ng Chinh phu vs vi c phe duyt danh mvc Dl! an "Cp nu6c s ch va vsinh moi truang nong thon vimg misn Trung" do Ngan hang phat trin Chau A tai trg. Tren co s6 ds xut thiat ka ella TiSu d\f an Cp nu6c va vsinh moi tru<mg xa Thanh Tr ch, huyn B6 Tr ch, tinh Quang Binh, kat qua disu tra th\fc dja vs quy dt cho d\f an nhu sau: T T H:;mg IDl}C Mo hi sa b{) Vi tri Tinh tr ng ctat Quan ly Anh huimg Tai cljnh Cll Khu V\fC dau m6i (Trm xir ly nu6c) Din tich sir dvng 9.077m 2 Khu V\fC thon bao gbm: Di n tich xay TiSn Phong, xa d\ffig 02 giang khoan, bs IQc Thanh Tr ch. ch m, b chua nu6c, dai nu6c, nha qulin ly disu hanh, nha trbarn, san VllOn, hang rao, duang n<ji b(\, d t cay xanh va dt dl! phong. UBND Xli 2 Cac h g Bao gbm: Khu V\fC thon D t UBND mvc TiSn Phong, xa cong + xa Din tich dt xay d\fng ngoai du(mg cong vv: m 2 Thanh Tr ch ph m VI khu v\i-c + Din.tich xay d\fllg 05 du m6i giin'g khoan ngoai phvi khu V\fC du m6i: m 2. + Din tich su dvng dt dqc tuy n 6ng d: m (L = 586m; B =3m). 2 3 Tuyan Di n tich tnrng dvng t m D t UBND 6ng nu6c thai khoang m2, co cong Xa s ch va tbng chisu ctai m, Dt xay d\ffig Ia d t hoang hoa do UBND xa quan ly. Khong c6 tai san, hoa mau, cay coi,... tren dk Khong co hq gia dinh nao bi linh huang b6i cac tai san va hot d(>ng khac tren d t Dt xay d\fllg Ia d t thu(lc du(mg giao thong, d t hoang hoa do UBND xa quan ly, khong co tai san, hoa mau, cay c6i,... tren dk Khong co h(> gia dinh, t6 chuc, ca nhan nao bi anh huang tai dinh cu D t su d\lfig t m thai trong qua trinh thi cong Ia d t

44 cong trinh tren tuy n trong d6: + Duong 6ng dp I: Dung vt liu 6ng nh\fa HDPE ti.r fi90 - fi250, dai 6.71Om, nhim V\1 vn chuyn nm]c. + Men theo phia tnii va phia phai duang QUA va duang giao.thong trong xii. + Du<mg 6ng dp II: Dung + Men theo v t li u 6ng nhl!a HDPE duang lien thon fi50 - fi75, dai m, trong xii. nhi m V\1 phiin ph6i nu&c dn cac thon. thuqc duang giao thong. KMng c6 tai san gi ctia hq gia dinh hay ta chuc, ca nhan nao tren dat su d1,1ng d thi cong. Vi v y khong c6 hq gia dinh, t6 chuc, ca nhiin nao bi anh huang tai dinh cu. + Du<mg 6ng dp III: Dung + Men theo vt li u 6ng nh\fa HDPE duang lien thon fi40, t6ng chi u dai trong xii m, nhi m vv phiin ph6i dn nu6c dn cac di m su dvng. 4 Tuy n muong thu gom nu&c thai D9c theo hth6ng muang Khu VIJC thon dat dung dtieu thoat nu&c Thanh Khe, xa ci1, duqc thit kb ng 6ng Thanh Tr ch. buy be tong c6t thep mac 200, du(mg kinh trong 1m, day 0,1m, t6ng chi u dai 1OOm, di n tich s(r d1,10g 260m2. D t cong UBND Xii La dat cong do UBND qmin ly, khong c6 tai san hay hot dqng gi ctia hq gia dinh, ta chuc, ca nhiin,... tren ctat su d1,1ng d thi cong Thong qua cong tac khao sat thl!c tcho thay khu VIJC dat cong tren duqc ch9n cho dl! an cfip nu&c va Vsinh moi trucrng nong thon v ung min Trung Ia khong gp tra ngi, khong phai ddt cu tru, tranh chap hay miiu thutln gi....""'

45 Translation of original document Socialist Republic of Vietnam Independence Freedom Happiness Thanh Trach, 29 February 2012 MINUTES OF CONFIRMING PUBLIC LAND AND NO RESETTLMENT Pursuant to Decision No. 3568/QD-BNN-HTQT of MARD on approval of content of Central Region Rural Water Supply and Sanitation Sector Project funded by ADB. Pursuant to Document no. 1320/TTg-QHQT dated 03/8/2009 of Prime Minister on approval of Central Region Rural Water Supply and Sanitation Sector Project funded by ADB. According to proposed design of Water Supply and Sanitation - Thanh Trach commune, Bo Trach district, Quang Binh province subproject, field survey results on land for the subproject are as follows: No. Item Initial Description Location Land Status 1 Head gate Usage area: 9,077m 2 Tien Public area including: Area for Phong Land (Water construction of 02 Hamlet, Treatment borehole wells, slow Thanh Plan) filter, elevated tank, Trach management and Commune operation house, pumping station, garden, fences, internal road, land for trees and back-up 2 Items outside head gate area 3 Clean Water Pipeline and Works on Pipeline land. Including: + Land area for construction of service road: 4,500m 2 + Land area for construction of 05 borehole wells outside key area: 8,000m 2 + Land area along transmission pipeline: 1,758m 2 Temporarily acquired land area: about 20,000m 2, with total length of 37,595m, in which: + Level I pipes are + Tien Phong Hamlet, Thanh Trach Commune Public Land Public Land Management Unit CPC CPC CPC Resettlement Impact Land for construction is uncultivated land managed by CPC. There are no non-land assets, crops, trees, etc. There is no household affected by loss of nonland assets or Land for construction is land for transportation, uncultivated land managed by CPC. There are no non-land assets, crops, trees, etc. There is no household affected by resettlement. Temporarily acquired land during construction is land for transportation,

46 No. Item Initial Description Location Land Status HDPE pipe with Alongside diameter of the left mm, total and right length of 6,710m, side of used for transmission National of water. Road 1A and inner-villa ge roads. Management Unit Resettlement Impact managed by CPC. There are no non-land assets, Thus, there is no household affected by resettlement. + Level II pipes are HDPE pipe with diameter of 50-75mm, total length of 11,178m, used for distribution of water to hamlets. + Level III pipes are HDPE pipe with diameter of 40mm, total length of 19,707m, used for distribution of water to consumption locations + Alongside inter-haml et road. + Alongside inter-haml et road. 4 Wastewater channel Running along old water drainage channel, designed with reinforced concrete grade 200, inner diameter of 1m, thickness of 0.1m, total length of 100m, usage area of Thanh Khe Hamlet, Thanh Trach Commune Public Land CPC Land for wastewater channel is land managed by CPC. There are no non-land assets, activities of households, organizations, individuals, etc. Field survey shows that the above-mentioned public land which is selected for Central Region Rural Water Supply and Sanitation Sector Project encounters no obstacles, is not residential area, disputed area. REPRENSENTATIVES OF PPMU Director (Signed and Sealed) REPRENSENTATIVES OF THANH TRACH CPC (Signed and (Signed) Sealed) REPRENSENTATIVES OF THANH TRACH CVWU (Signed and Sealed) Nguyen Van Duoc Le Van Tinh Nguyen Hoai Nam Luu Thi Uych

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