VIE: Greater Mekong Subregion Southern Coastal Corridor

Transcription

1 Resettlement Plan March 2012 VIE: Greater Mekong Subregion Southern Coastal Corridor Updated Resettlement Plan of Xa Xia Ha Tien Section Prepared by Cuu Long Corporation for Investment, Development and Project Management of Infrastructure, Ministry of Transport for the Asian Development Bank.

2 MINISTRY OF TRANSPORTATION MY THUAN PROJECT MANAGEMENT UNIT Loan2372/Grant No VIE Ver. DO.4 UPDATED RESETTLEMENT PLAN OF XA XIA HA TIEN SECTION GMS SOUTHERN COASTAL CORRIDOR PROJECT March 2012

3 CURRENCY EQUIVALENTS (As of March 2012) Currency Unit Vietnamese Dong (VND) - US Dollar ($) US$1.00 = VND 21,500 ABBREVIATIONS ADB - Asian Development Bank AP/AH - Affected Person/Affected Household CARB - Compensation, Assistance, and Resettlement Board CPC - Commune Peoples Committee CSDP - Center for Support of Social Development Programs DCARB - District Compensation, Assistance, Resettlement Board DMS - detailed measurement survey DOF - Department of Finance DONRE - Department of Natural Resources and Environment DPC - District Peoples Committee DPI - Department of Planning and Investment EA - executing agency EM - ethnic minority EMDP - ethnic minority development plan PMU-MT - Project Management Unit-My Thuan FS - feasibility study GOV - Government of Vietnam IMO Independent Monitoring Organization IOL - inventory of losses LAD-PMU - Land Acquisition Division Project Management Unit LURC - Land Use Rights Certificate i

4 MOF - Ministry of Finance MOLISA - Ministry of Labor, Invalids and Social Assistance MONRE - Ministry of Natural Resources and Environment MARD - Ministry of Agriculture and Rural Development MOT - Ministry of Transport NTP - notice to proceed PCARB - Provincial Compensation, Assistance, Resettlement Board PMT - Project Management Team PIU - Project Implementation Unit PIRP - Planning for Income Restoration Program PPC - Province Peoples Committee RCS - replacement cost study ROW - right-of-way SPLAB SRU - - Sub-project land acquisition board Social/Resettlement Unit SES - socio-economic survey VND - Vietnamese Dong VWU - Viet Nam Women s Union WEIGHTS AND MEASURES ha - hectare km - kilometer m - meter ii

5 DEFINITION OF TERMS Affected person/affected household (AP/AH) - Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are affected by a project or any of its components. Cut-off date Detailed Measurement Survey (DMS) Entitlement Host community Income restoration - This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP. In this Project, the cut-off date coincides with the period the census of affected persons and the detailed measurement survey (DMS) were conducted in. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the DMS; or (ii) they have lawfully acquired the affected assets following completion of the census and the DMS. - With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs earlier done during RP preparation. The final cost of resettlement can be determined following completion of the DMS. - Refers to a range of measures comprising compensation, income restoration support, transfer assistance, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base. - Means the community already in residence at a proposed resettlement or relocation site. - This is the re-establishment of sources of income and livelihood iii

6 of the affected households. Inventory of Losses (IOL) Land acquisition Rehabilitation Relocation Replacement cost - This is the process where all assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of AHs will be determined. - Refers to the process whereby an individual, household, firm or private institution is required by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. - This refers to additional support provided to APs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. - This is the physical relocation of an AP from her/his pre-project place of residence and/or business. - This is the amount calculated before displacement which is needed to replace an affected asset without deductions for taxes, and/or costs of transaction as follows: (i) Productive land (agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value; (ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes; (iii) Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; (iv) Standing crops equivalent current market value of the crop at the time of compensation; iv

7 Replacement Study Resettlement Resettlement Plan Cost (v) Perennial crops and trees, cash compensation equivalent to current market value given the type, age and productive value (future production) at the time of compensation. (vi) Timber trees, based on diameter at breast height at current market prices. - This refers to the process involved in determining replacement costs of affected assets based on empirical and practical data - This includes all measures taken to mitigate any and all adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed. - This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Severely households affected - This refers to affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project. Vulnerable groups - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) landless households, (v) indigenous people or ethnic minorities, and (vi) policy households who have members who died or are disabled in revolutionary wars. v

8 TABLE OF CONTENT EXECUTIVE SUMMARYEXECUTIVE SUMMARY I I. INTRODUCTION 1 A. Background 1 B. Project Location and Impact Areas 1 C. Civil Works to be undertaken 2 D. Measures Taken to Minimize Impacts 2 E. Objectives of the Updated Xa Xia Ha Tien RP 2 II. ENTITLEMENTS 5 III. DMS METHODOLOGY 22 A. Data Gathering Instruments 22 B. The DMS Team 22 C. Training for the DMS 23 D. Reiteration of the Cut-off Date 23 E. Basis of Unit Costs Used in the Updated Xa Xia Ha Tien RP 23 F. Procedures in the Conduct of the DMS and Updating of the RP 23 IV. PROJECT IMPACTS 26 A. Lost of Land 26 B. Lost of Structures 27 C. Loss of Business 27 D. Loss of Trees 28 E. Loss of Public Assets 28 F. Vulnerable Households 28 V. GENERAL SOCIO-ECONOMIC PROFILE 29 A. Composition of the AHs 29 B. Profile of the Sample AHs 29 C. Ethnicity and Gender of the Heads of Sample AHs 29 D. Educational Attainment of the Heads of Sample AHs 29 E. Main Sources of Livelihood of family members of Sample AHs 30 F. Monthly Income and Expenditures of Sample AHs 31 G. Health and Sanitation 33 H. Sources of Energy for Lighting and Cooking 34 I. Impact of Land Acquisition on HH s Income 35 K. Expressed Need for Credit 35 L. Desired compensation for affected land 36 vi

9 M. Job Aspirations after land is acquired 36 N. Participation in Training and Livelihood Programs 36 VI. RESETTLEMENT AND REHABILITATION STRATEGY 38 VII. ORGANIZATIONAL FRAMEWORK 40 A. Ministry of Transport (MOT) 40 B. Provincial People s Committee 42 C. Province Compensation and Resettlement Board 43 D. Sub-Project Land Acquisition Board (SPLAB) 43 E. District People s Committee (DPC) 43 F. District Compensation, Assistance and Resettlement Board (DCARB) 44 G. Commune People s Committee (CPC) 44 H. Other Provincial/District Agencies/Institutions/Organizations 44 I. Indicative Implementation Schedule of the Updated Xa Xia Ha Tien RP 45 VIII. PUBLIC PARTICIPATION AND CONSULTATION 47 IX. GRIEVANCE REDRESS 49 A. First Stage, Commune People s Committee 49 B. Second Stage, District People s Committee 49 C. Third Stage, Provincial People s Committee 49 D. Final Stage, the Court of Law Arbitrates 49 X. MONITORING AND EVALUATION 50 A. Internal Monitoring 50 B. External Monitoring 50 XI. COSTS AND BUDGET 52 A. Procedures for Flow of Funds 52 B. Estimated Costs of Resettlement 52 vii

10 EXECUTIVE SUMMARY Project Background. The GMS SCCP (the Project ) aims to improve the road transport network in the provinces of Kien Giang and Ca Mau that forms part of the Southern Coastal Corridor. It involves the construction and rehabilitation of approximately km highway beginning from Xa Xia Border to Ha Tien from km 0+00-km4+270 for approximately 4.3 km through Minh Luong - Thu Bay from km km ; km ; km ; km ; km for approximately km to Nga Bac (new alignment approx km) in Kien Giang Province and from Nga Bac canal to Industrial Zone (IZ) Ca Mau (approx km) in Ca Mau Province. The highway will traverse 3 wards, 18 communes, 4 towns, 5 districts and 1 city in these two provinces. The scope of the Project includes the construction of 2 lanes (i.e., 1 lane each way) for the whole Project road and several bridges over waterways and canals. This updated Resettlement Plan (RP) is for the Xa Xia Ha Tien Section (part of Kien Giang 1) in Kien Giang Province. Scope of Land Acquisition and Resettlement Impacts. The detailed measurement survey (DMS) conducted in February-March 2009 in Xa Xia-Ha Tien section of Kien Giang, supplied in 2010 and 2011 confirmed that 10.7 ha of landholdings and non-land assets belonging to 429 households and 13 organizations/institutions (such as market, schools, areas of mass organizations, etc.) will be affected. Most of the affected land is perennial agricultural land with 49, m 2 (45.9% of the total affected land by the road section), followed by annual agricultural land and residential land with 4, m 2 and 2, m 2, respectively (4.4 % and 2.17%). The Road Section also impacts on 40, m 2 of unused land managed by the Commune s People Committee, and another m 2 of land managed by the government organization/institutions. Among 429 affected households, there are 96 households who have residential land and houses affected; of which, 55 households will lost entire house and the residential land/or the remaining residential land is insufficient to rebuild the house. These households will have to move out of the project area. The other 25 households who have residential lost, but the remaining residential land is sufficient to rebuild the house and these households can move back. The remaining 16 households have extended their houses on the ROW and house frontage will be affected. For households losing agricultural land, all nine households will lose 10% to 70% of the total productive land holding. There are also secondary structures that will be affected such as kitchens, toilets, animal breeding facilities, fences. Timber and fruit trees were also identified that have to be acquired by the Project. There are no stand-alone shops or stores affected by the Xa Xia-Ha Tien Section. However, there is a total of 77 households who have small stores inside their houses, selling cigarettes, water/coffee, cell-phone sim-cards or snacks, etc. Among these affected 77 households, 13 households who have insignificantly business affected as only the house frontages need to be repaired; 21 households can move back to rebuilt the house-therefore the business can be continued. For other 43 affected households, as the households will have to move out of the project area, they will continue the business in the new area. For the public assets, the Xa Xia-Ha Tien Section will impact the land of a primary school of My Duc Commune with an area of m 2. In addition, the project also impacts on some land and auxiliary structures of 13 government organizations/institutions. Legal and Policy Framework. The Project resettlement policy and entitlements are based on the laws and regulations of the Government of the Socialist Republic of Viet Nam, principally the Constitution (1992) that confirms the right of citizens to own and protect the ownership of a house; Land Law No. 13/2003/QH11, providing Viet Nam with a comprehensive land administration law; Decree No. 197/2004/ND-CP, on compensation, rehabilitation and resettlement in the event of land recovery by the State, as amended by Decree No. 17/2006/ND- CP; Decrees No. 188/2004/ND-CP and 123/2007, specifying the methods for land pricing and land price frameworks in the event of land recovery by the State and amended further through i

11 Decree No. 69/2009/ND-CP specifying additional regulations on land use plan, land price, land acquisition and other assistance and rehabilitation allowance for resettlement and relocation; and ADB s Policy on Involuntary Resettlement (1995), guided by Operations Manual on Involuntary Resettlement (OM/F2, 2006) and the ADB Safeguard Policy Statement (2009). Provisions and principles adopted in this Project will supplement the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, consistent with Decree No. 131/2006/ND-CP which provides that in case of discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence (Article 2, Item 5). Project Entitlements. The key objective of the Updated RP is to replace and compensate lost assets based on the principle of replacement cost. Compensation and various forms of assistance will be provided and income restoration programs will be put in place in a way that will ensure that their standards of living are at least restored to their pre-project levels, and that those in the category of vulnerable groups (such as poor households, ethnic minority households, etc.) are assisted to help improve their socioeconomic status. Ethnicity and Gender Issues. For the 429 affected households in the Xa Xia-Ha Tien section, there are 300 AHs of Kinh (72.70%) and 113 AHs of Khmer ethnic groups (27.30 %). The Khmer households are socially, culturally and economically integrated into the community and there is no difference to the Kinh people as they have being living in the area about 300 years. Of the total affected households, 31 households are headed by women. Special attention will be given to the specific needs and concerns of vulnerable AHs. Gender strategies are included in this updated RP, which mandates the active participation of women during public consultation and Project monitoring; representation of women in resettlement committees; and capacity-building activities. Continuing efforts will be instituted to ensure that RP implementers are conscious of the need to address women s concerns and issues. Participation and Grievance Redress. Consultations, public meetings and village discussions with the AHs and local officials were carried out at various occasions during the updating of the Xa Xia-Ha Tien RP. Keeping the AHs informed and their close involvement during the implementation of the updated RP will continue in line with the Project s participatory approach. A grievance redress mechanism has been designed to ensure that AHs complaints and grievances are addressed and resolved in a timely and satisfactory manner. Income Restoration and Relocation Strategies. The severity of impact was also classified using the information generated from the DMS and the SES of AHs. The PPC will provide various types of allowances to people losing productive land. But households experiencing losses of 10% or more of their productive land are provided income restoration measures that aim to rehabilitate and mitigate the said losses. The Provincial and District Compensation and Resettlement Boards (CARBs) assisted by the PMU and Consultant formulated an income restoration program (IRP) for SAH and vulnerable households who indicate the need to participate in the IRP. The number of household indicating the need to participate into IRP will be incorporated in national and provincial annual programs on vocational training, loan to facilitate and to rehabilitate income of affected persons. Implementation of these activities will be monitored regularly by an Independent Monitoring Organization (IMO). The IRP will be evaluated every six months to ensure the attainment of its objectives. Modifications in the program will be made as and when necessary. Short-term employment as laborer at the worksite or as desk staff in the offices of the civil works contractor and Project consultants will likewise be made available as much as practicable to qualified members of the vulnerable and severely affected households. ii

12 Implementation Arrangements. The Project Management Unit (PMU-MT) through the Provincial People s Committee (PPC) has the overall responsibility of planning and satisfactorily implementing the RP. The Resettlement Division in the PMU-MT provides guidance to the Provincial Resettlement Committee (PRC) of the province and the Compensation, Assistance and Resettlement Board (CARB) of the districts. A staff from the Resettlement Division of PMU- MT represents the office in the PRC. The PRC with the help of the Sub project Resettlement Board, District CARBs, under the overall supervision of the Resettlement Division of the PMU-MT and with guidance from MOT and assistance from the Consultants, spearheaded the updating of the Xa Xia-Ha Tien Section RP. The CARBs will likewise spearhead its implementation. The CARBs are headed by the Vice Chairman of the respective Provincial and District People s Committees and its members come from various departments and representatives of local organizations, including the AHs. The Project consultants assist the PMU-MT and the CARBs in ensuring that resettlement is carried out in accordance to the social safeguards laid out in the loan agreement. In this regard, said consultants provide the necessary training and capacity-building interventions to PMU and the CARBs. This updated RP is submitted by PMU-MT to MOT and ADB for review and concurrence. Land acquisition and relocation of AHs in the districts will not commence until this updated RP has been approved by ADB. Moreover, PMU-MT will not allow construction activities to commence in a given section of the project highway in the concerned districts until compensation payment and the relocation of AHs to new sites have been satisfactorily completed, agreed income restoration program is in place, and that the specific section is free of all encumbrances. Monitoring, RP Budget and Implementation Schedule. PMU-MT is overall responsible for internal monitoring of resettlement activities. Progress reports will be submitted to ADB on a quarterly basis. An independent monitoring organization (IMO) has been engaged and mobilized by PMU-MT in A new external monitor is expected to be mobilized in April The external monitor will carry out compliance monitoring from April 2012 to December A postresettlement evaluation will be undertaken 6 months after completion of resettlement activities for the entire Project highway. RP Costs. The total cost of resettlement for the updated Xa Xia-Ha Tien Section RP is VND 61,930,292,442 (equivalent US$ 2,880,478 - exchange rate: 1USD=21,500VND). This includes compensation and allowances, implementation of an appropriate income restoration program for the SAHs and vulnerable households, operational/administrative expenses, and contingencies. PMU-MT will ensure the timely provision of funds for resettlement to meet any unforeseen obligations in excess of the resettlement budget estimates in order to satisfy the requirements and objectives of resettlement. Disclosure of Resettlement Plan and Monitoring Documents. Key information on the updated Xa Xia Ha Tien Section RP has been disclosed to the AHs through the holding of initial disclosure meetings to present the results of the DMS and to discuss resettlement options. Distribution of public information document (PID) in Vietnamese has been done in January 2007 and Once the updated RP is accepted by ADB, the updated RP will again be disclosed to the APs by placing copies of summary of the updated RP in local government offices while the full report of the RP will be uploaded on the ADB website. Social monitoring reports will also be placed in local government offices and and will be submitted to ADB for web posting. iii

13 I. INTRODUCTION A. Background 1. The Asian Development Bank (ADB) approved a loan to help finance the Greater Mekong Sub region Southern Coastal Corridor Project (GMS-SCCP). The Executing Agency is the Ministry of Transport (MoT) with the planning and implementation delegated to Project Management Unit-My Thuan (PMU-MT). The GMS-SCCP aims to improve the road transport network in the provinces of Ca Mau and Kien Giang that forms part of the Southern Coastal Corridor (SCC) linking Thailand, Cambodia and Viet Nam. The Project will provide the stimulus to economic diversification along the SCC through reduced transport costs and improved access, facilitating the movement of goods and people, eventually contributing to the overall socioeconomic development and improvement in living standard. Ultimately, the Project will help in achieving the goal of poverty reduction not only in the region but in the entire country. 2. The Southern Coastal Corridor Project is located in Mekong Delta zone (in Vietnam). The Project road sections start at Xa Xia border - Ha Tien Section (approx. 4.3km); Minh Luong-Thu Bay Section (approx. 21.7km); Thu Bay - Nga Bac Section (28.7km); and, Nga Bac IZ Ca Mau Section (approx. 42km). The Project roads traverse the provinces of Kien Giang and Ca Mau as shown in Figure This Updated Resettlement Plan (RP) is for the Xa Xia Ha Tien Section incorporating the results of the detailed measurement survey (DMS) and SES of SAHs on the adjusted alignment based on the results in the detailed design phase. This Updated Resettlement Plan requires concurrence by ADB before implementation. 4. This updated Xa Xia Ha Tien RP provides a detailed inventory of the adverse impacts of the Project on the physical, economic, and socio-cultural assets of affected persons and households and the corresponding compensation and mitigation measures the Vietnamese Government will carry out to mitigate said adverse impacts with the view of helping restore or even improve the AHs pre-project standards of living. This is consistent with the Project resettlement policy and the social safeguards laid out in the Project loan agreement. B. Project Location and Impact Areas 5. This Project road section involves the construction and expansion of the approximately 4.3 km road from the beginning of the border facility in Xa Xia through the town of Ha Tien, west of the border of Kien Giang Province with Cambodia. The project road traverses 1 town (Ha Tien), 1 commune (My Duc) of Kien Giang Province. 6. The Project road starts at the beginning of the road after the border facility of Xa Xia at approximately km0+160 and stretches to km4+360 near the junction of the national highway and Phuong Thanh Road in the town of Ha Tien. Along this stretch, there are no major bridges to be repaired or constructed. The area traversed by this Project road is relatively flat and has the following dominant land uses: cultivated shrimp ponds, small areas 1

14 of garden land and paddy rice land as well as land cultivated to perennials (fruit trees and timber) and clusters of houses and shops located along both sides of the existing road (See Figures I-1 and I-2 for the Project Location Map and Vicinity Map). C. Civil Works to be undertaken 7. The scope of the Project includes the construction of 2 lanes (i.e., 1 lane each way) for the whole Project road but the designed width for the Xa Xia Ha Tien Section is only about 12 meters. The total length of this section is approximately 4.3 km. While the 60 meter right of way (ROW) for the road had been demarcated as part of the GOV effort to control development within the said zone (government anticipates major changes in land use in the Project area due to rapid economic development induced by the Project), the Project s actual land acquisition activities will be based on the final design. About 15 meters both sides from the center line will be acquired. All properties (land, structures, trees and public utilities) within the said zone will be affected. To reduce overall resettlement impacts, final alignment was designed to avoid major settlement and agricultural areas. D. Measures Taken to Minimize Impacts 8. Efforts to minimize the adverse social impacts of the Project highway include the shifting of the proposed road alignment at various points to avoid human settlements, public facilities, and water bodies. Likewise, the need for use pits in the construction of embankments will be minimized and the Project will, whenever feasible, use materials from cuttings in the construction of embankments. 9. AHs will be advised on whether or not it would still be possible for them to plant new crops prior to the start of civil works. PMU-MT and the civil works contractor will provide DCARB the schedule of civil works in the District. 10. During the census of affected people (APs) and the inventory of losses (IOL) in April and August 2006 and again during the detailed measurement survey (DMS) in , AHs have been advised (through public meetings and consultations) not to introduce new fixed structures within the ROW and/or widen and further develop structures that have been documented during the IOL and DMS. A public information brochure (PIB) that explains, among others, the policy on cut-off date for eligibility, has been distributed to the AHs and local governments. 11. Government will ensure that the acquisition of assets, payment of compensation, and the resettlement and rehabilitation of AHs, except for long-term income restoration activities, will be completed prior to the issuance of notice to proceed (NTP) to start with the construction works in the District. E. Objectives of the Updated Xa Xia Ha Tien RP 12. This updated RP should be read in conjunction with the RP that was prepared in 2006 and approved in 2007 by the ADB and GOV during Project appraisal and loan approval. This updated Xa Xia Ha Tien RP and the 2006 RP are basically the same, except that (i) the information herein are based on inventory of affected assets of the AHs 2

15 per DMS conducted in in the District based on detailed design specifications,; and (ii) the updated RP does not elaborate any more on the differences of the legal aspects, policy and procedural guidelines for asset acquisition, compensation, resettlement between Viet Nam and ADB. Applying compensation policy as Decree 69 was considered and accepted by ADB. Both versions of the RP provide (i) a time-bound action plan and budget for resettlement which is aimed at helping ensure that the social well-being of the AP/AHs is protected, their economic situation is improved or at least restored to pre-project level and (ii) assurances that vulnerable AP/AHs in the District are not marginalized during resettlement planning and implementation, and that they receive full benefits relative to compensation, relocation and rehabilitation as required by the Project resettlement policy. Figure I-1. Location of Southern Coastal Corridor Project in Viet Nam 3

16 Figure I-2. Location of Southern Coastal Corridor Project in Ha Tien District 4

17 II. ENTITLEMENTS 13. The ADB and the Government of Vietnam has approved the entitlement matrix contained in the 2006 RP, which was based on the GMS SCCP Resettlement Policy and Compensation Matrix and policy strategy as Decree 69/2009 approved by ADB. Accordingly, the updated Xa Xia Ha Tien RP adopts the said entitlement matrix but updating entitlements based on results of the DMS; minutes on finishing IOL for SCCP and adjusting the value of compensation based on current market prices and specifying income restoration measures. In accordance with the objectives and principles of the Project Resettlement Policy, the approved 2006 RP spelled out the various entitlements the APs/AHs will receive based on the type and severity of their losses. The Province People s Committee (PPC) promulgated a number of decisions (see list below) that seeks to implement the objectives and principles of the Project Resettlement Policy within the context of existing laws of the country and of the province. These have been incorporated to update the entitlement matrix provided in this updated RP. a. Decision No. 1046/QĐ-BGTVT of Ministry of Transport dated 16 April 2008 approving the Resettlement Policy Framework for the Southern Coastal Corridor Project ADB and Korean components based on ADB s and Vietnam s legal framework and resettlement policies and updated through the incorporation of the principles of Decree No. 69/2009/ND-CP. b. Official Letter No. 435/TTg-NN of Prime Ministry dated 25 March 2008 adopting the resettlement policy framework for the Southern Coastal Corridor Project loan from ADB c. Official Letter No. 7131/BGTVT- KHDT of Ministry of transport dated 6 November 2007 adopting resettlement policy framework for the Southern Coastal Corridor Project. d. Decision No. 2179/QD-UBND dated 10/9/2008 by Kien Giang PPC assigning consultants for implementation of census, measurement and inventory of loss, preparation of compensation plan for SCCP- GMS in Kien Giang province. e. Decision No. 2403/QD-UBND dated on 01/11/2010 by Kien Giang PPC on compensation price for land of SCCP stage 2 through: CF alignment in Rach Gia City and section from Ha Tien Border Gate to Mui Tau in Ha Tien District, Kien Giang Province. f. Decision No.750/QD-UBND dated on 31/03/2011 by Kien Giang PPC on approving compensation, assistance, resettlement for SCCP, Xa Xia Ha Tien section, My Duc commune, Ha Tien District, Kien Giang Province. g. Decision No.2177/QD-UBND dated 10 Oct 2011 by Kien Giang PPC on approving compensation, assistance, resettlement for SCCP, Xa Xia Ha Tien section, My Duc commune, Ha Tien District, Kien Giang Province. 5

18 14. Thus the entitlements outlined in the approved 2006 RP and shown in Table II-1 and the entitlements contained in the Updated Xa Xia Ha Tien RP differs only along the extent and scope of impact as well as the level and amount of compensation in that the current market prices and values had been adopted in the latter. 15. Only persons, households, firms, and private or public institutions found to be residing in, doing business, or cultivating land, or having rights over resources within the ROW during the IOL and DMS (the cut-off date) are eligible to compensation for lost assets and other entitlements as required by the Project resettlement policy. 6

19 Table II-2: Entitlement Matrix Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section A. PERMANENTLYAFFECTEDAGRICULTURAL,FISH/SHRIMPPOND,FORESTANDGARDENLAND 10% or more of total User with (a) Payment will be in the form of (i) Land-for- I) Agricultural land located in rural area productive landholding permanent right Land and not a rural residential area: affected (legal legalizable) and OR ii) cash compensation, details below: (i) Land-for-Land (as a priority) Equal in area to affected land a/ Cash compensation at replacement cost which is equivalent to current market prices for land of similar type and productive capacity, at the time of payment of up to a maximum of land quota in province; of compensation; AND same category and productive capacity, located in same or neighboring commune at a location satisfactory to APs,with full title in the names of both husband and wife and with out charge for taxes, registration and land transfer charges; if the affected land is larger than the applicable land quota in the province, APs will receive cash compensation for the excess affected area equal to 100% replacement cost at current market prices for land of similar type and productive capacity, at the time of payment of compensation. b/ Allowance for job changes by 3 times of the land value of the affected land; AND c/ Allowance for trainings for trainings for job changes by VND 1.8 million per a member for all members of the family who are in labor age; AND d/ Allowance for life stabilization: 30 kg of rice for a member/per month for all members of the family for (i) 6 months (if the affected households lost 10% to 70% of total production land and are not relocation households); (ii) for 12 months (if the affected households lost from 10% to 70% of 7

20 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section total production land and are relocation if the land price for replacement land is lower households) and for (iii) 12 months (if the than the price for affected land, APs will receive affected households lost more than 70 are cash compensation equal to the difference in not the relocation households); and (iv) for value at current market prices for land of similar 24 months (if the affected households lost type and productive capacity, at the time of more than 70 are the relocation households) payment of compensation in addition to. Payment in cash equal to the price of rice allocation of replacement land in the market at time of compensation; AND OR - Compensation for non-land assets (ii) Cash compensation at replacement cost which is equivalent to current market prices for (structures, trees, crops) at replacement cost. land of similar type and productive capacity, at the time of payment of compensation and allocation of replacement land AND Eligible to participate in the Income AND Restoration Program II) Agricultural land located in urban area, - Compensation for non-land assets peri-urban or rural residential area as per (structures, trees, crops)at replacement cost. approved land use plan: - Assistance for livelihood stabilization and economic rehabilitation package. AND Cash assistance equal to 50% of replacement cost of adjacent residential land if affected a/ Cash compensation at replacement cost which is equivalent to current market prices for land of similar type and productive capacity, at the time of payment of compensation; AND 8

21 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section agricultural land is located in urban, peri-urban b/ Compensation for non-land assets or rural residential area, as per approved land (structures, trees, crops)at replacement cost, use plan. AND User with lease or temporary rights (a) Payment for affected land will be in the form of: (i) Land-for-Land (as a priority), equal in area to affected land up to a maximum of land quota in province; of same category and productive capacity, located in same or neigh-bouring commune at a location satisfactory to APs, with similar lease or temporary rights arrangements in the names of both husband and wife; OR (ii) Cash assistance for affected land; OR (iii) Cash compensation for loss of net income for the remaining leased or assigned period, c/ Eligible to participate in the Income Restoration Program. AND d/ Cash assistance equal to 60% of replacement cost of the 1st category of adjacent residential land (highest priceresidential land) Not applicable (N/A). It is not the case in the project area. 9

22 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section Non-titled user Land- Management Organizations AND (b) Compensation for non-land assets(structures, trees, crops)at replacement cost. (c) Assistance for livelihood stabilization and economic rehabilitation package. (a) No compensation for affected land but will be allowed to continue to use any remaining land that APs are illegally occupying. (b) Compensation for non-land assets (structures, trees, crops)at replacement cost. (c) Assistance for livelihood stabilization and economic rehabilitation package. For non-titled or other APs with no other productive land holdings, local authorities will allocate replacement land with temporary or lease land rights. a) Land-for-land equal in area to affected land up to a maximum of land quota in province; of same category and productive capacity, located in same or neigh bouring N/A. It is not the case in the project area. All are legal land titled users N/A. There is no LMO who have agricultural land affected by the project. 10

23 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section commune at a location satisfactory to LMO, and with out charge for taxes, registration and land transfer charges OR Cash compensation at replacement cost; b) Compensation for non-land assets(structures, trees, crops) at replacement cost. Less than 10% of total User with a) Cash compensation at 100% I) Agricultural land located in rural area productive landholding permanent right replacement cost for affected portion; AND and not a rural residential area: affected (legal legalizable) and b) Compensation for non-land assets(structures, trees, crops)at replacement a/ Cash compensation at replacement cost which is equivalent to current market prices cost. for land of similar type and productive capacity, at the time of payment of compensation; AND b/ Allowance for job changes by 3 times of the land value of the affected land; AND c/compensation for non-land assets at replacement cost II) Agricultural land located in urban area, peri-urban or rural residential area as per approved land use plan: a/ Cash compensation at replacement cost 11

24 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section which is equivalent to current market prices for land of similar type and productive capacity, at the time of payment of compensation; AND User with lease or temporary rights a) Cash assistance for affected portion OR Cash compensation for loss of net income for the remaining leased or assigned period, whichever is higher; AND b) Compensation for non-land assets (structures, trees, crops) at replacement cost. b/ Compensation for non-land assets (structures, trees, crops)at replacement cost, AND c/ Cash assistance equal to 60% of replacement cost of the 1st category of adjacent residential land (highest priceresidential land) N/A. It is not the case in the project area. Non-titled user (a) No compensation for affected land but will be allowed to continue to use any remaining land that APs are illegally occupying. N/A. It is not the case in the project area. All are the legal land titled users (b) Compensation for non-land assets (structures, trees, crops) at replacement cost. 12

25 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section Land- Management Organizations Cash compensation at replacement cost; N/A. There is no LMO who have agricultural land affected by the project. B. PERMANENTLY AFFECTED RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial) User with (i) As a priority, allocation of replacement land: a/ Cash compensation at replacement cost Partially affected BUT remaining portion is NOT sufficient to rebuild affected structures permanent (legal legalizable) right and a) equal in area to affected land up to a maximum of land quota in province; of same type/category(e.g., residential, commercial), b) located in the same or neighboring commune at a location satisfactory to APs, c) with full title in the names of both husband and wife and d) without charge for taxes, registration and land for the entire plot at the time of payment of compensation; AND b/ Plot of residential land in the resettlement site (two plots if the family has more than 6 members) at no cost to APs OR cash assistance which is equal to the amount to develop and construct a plot of land in transfer charges; OR resettlement site (vary from 31.8 million to ii) Cash compensation equal to the replacement cost. (iii) Compensation for non-land assets (structures, trees, crops) at replacement cost. iv) Assistance for livelihood stabilization and economic rehabilitation package million VND /plot). If the household have more than 6 family members, cash assistance is double. AND c/ Allowance for relocation (3 million VND / household), fees for LURC issuance at no cost for the APs; AND d/compensation for non-land assets 13

26 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section (structures, trees, crops) at replacement cost. AND e/ Eligible to participate in the Income Restoration Program User with lease or (i) As a priority, allocation of replacement N/A temporary rights land : a) equal in area to affected land up to a maximum of land quota in province; b) Of same type/category(e.g., residential, commercial), c) Located in the same or neighboring commune at a location satisfactory to APs, with similar lease or temporary rights arrangement in the names of both husband and wife OR (ii) Cash assistance OR (iii) Cash compensation for the remaining lease or assigned period which ever is higher. 14

27 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section Non-titled APs iv) Compensation for non-land assets(structures, trees, crops) at replacement cost. c) Assistance for livelihood stabilization and economic rehabilitation package. No compensation for affected land. - Compensation for non-land assets(structures,trees, crops)at replacement cost. - Assistance for livelihood stabilization and economic rehabilitation package. - Poor and vulnerable APs who have no other land will be allocated with replacement land with temporary/ lease land rights. N/A Partially affected User with - Cash compensation at replacement cost I) If the house is affected and must be permanent right for the affected portion; rebuilt Remaining portion is sufficient to rebuild affected structures (legal legalizable) and - Compensation for non-land assets(structures, trees, crops) at replacement cost. a/ Cash compensation at replacement cost at the time of payment of compensation for the affected areas; AND b/ Plot of residential land in the resettlement site (two plots if the family has more than 6 15

28 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section members) at no cost to APs OR cash assistance which is equal to the amount to develop and construct a plot of land in the resettlement site (vary from 31.8 million to million VND /plot). If the household have more than 6 family members, the cash amount is double. AND c/ Costs for movements, adjustment of LURC d/ Compensation for non-land assets(structures, trees, crops) at replacement cost II) If the house in the land is not affected a/ Cash compensation at replacement cost at the time of payment of compensation for the affected area; AND b/ Allowance for relocation (3 millions/ a household), fees for LURC adjustment at no cost to the APs User with lease or temporary rights - Cash assistance N/A 16

29 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section OR Cash compensation for the remaining lease or assigned period which ever is higher. - Compensation for non-land assets(structures, trees, crops) at replacement cost. See items C to E Non-titled APs - No compensation for affected land. N/A - Compensation for non-land assets( structures, trees, crops) at replacement cost. C.PRINCIPAL (HOUSES AND/OR SHOPS)AND OTHER STRUCTURES OR PROPERTY Compensation at replacement cost (in cash or Compensation at replacement cost (in cash Totally affected houses Owners of houses whether or not land is owned in kind) equivalent to current market prices of materials, materials transport and labor, with no deduction for depreciation or salvageable materials. or in kind) equivalent to current market prices of materials, materials transport and labor, with no deduction for depreciation or salvageable materials. Compensation for cost of materials and Compensation for cost of materials and Partially Affected Houses Owners of houses whether or not land is owned materials transport with no deduction for depreciation or salvageable materials and cost of repair materials transport with no deduction for depreciation or salvageable materials and cost of repair Secondary All owners Compensation at replacement cost (in cash Compensation at replacement cost (in cash 17

30 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section structures(eg, fence) regardless or orin kind) equivalent to current market prices of or in kind) equivalent to current market whether land is materials, materials transport and labor, with no prices of materials, materials transport and owned or not deduction for depreciation or salvageable labor, with no deduction for depreciation or materials. salvageable materials. D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES Loss of annual crops Owners of crops If standing crops are ripening and cannot be If standing crops are ripening nd cannot be and/or trees harvested, cash compensation at replacement harvested, cash compensation at Loss of perennial crops, fruit and timber trees and tree fences cost equivalent to the highest production of crop over the last three years multiplied by current market value of crops at the time of compensation replacement cost equivalent to the highest production of crop over the last three years multiplied by current market value of crops at the time of compensation For perennial crops and trees, cash For perennial crops and trees, cash compensation at replacement cost is equivalent compensation at replacement cost is to current market value given the type, age and equivalent to current market value given the productive value at the time of compensation. type, age and productive value at the time of compensation. E. GRAVES, COMMUNITY AND PUBLIC RESOURCES Loss of Graves Affected family All costs of excavation, relocation and reburial will be reimbursed in cash to the affected family N/A 18

31 Type and level of impact Entitled persons 2007 compensation policy Application for Xa Xia Ha Tien Section Loss of community Village, Ward, a) Repair or restoration to original or better a/ Repair or restoration to original or better buildings and Government Unit conditions of affected community buildings and conditions of affected community buildings infrastructure infrastructures at no cost to community and infrastructures at no cost to community b) Replacement land at locations identified b) Replacement land at locations in consultation with affected communities and identified in consultation with affected relevant authorities, at no cost to community; communities and relevant authorities, at no cost to community; Publicly owned Relocation and/or rehabilitation to original or Relocation and/or rehabilitation to original or utilities better conditions of affected public utilities, at better conditions of affected public utilities, at no cost to public utility; OR Cash compensation no cost to public utility; OR Cash at replacement cost for affected public utilities. compensation at replacement cost for affected public utilities. F. LOSS OF BUSINESSES AND INCOME SOURCES (NON-LAND BASED) F.1 Businesses that relocate and/or rebuild structures Structure totally Non-registered Cash assistance for loss of income based on No stand-alone shops affected. Only some affected and must be businesses (HH the minimum wage in the respective province small business inside the affected relocated OR who have shops for the duration that the business/income- households (e.g. cigarettes, water, coffee). Structure partially affected and must be without registration. generation activity is disrupted Allowance for the income disruption by from to VND/ household which rebuilt is equal to the salary of a government official for one month. HHs with stores affected are either to move back or just with the house s 19