Resettlement Plan. September 2016

Transcription

1 Resettlement Plan September 2016 VIE: GMS Flood and Drought Risk Management and Mitigation Project - Upgrading and Rehabilitation of Four Primary Canals in Plain of Reeds, Dong Thap Province - Cai Cai Canal Works Subproject Prepared by Ministry of Agriculture and Rural Development (MARD) for the Asian Development Bank. This is an updated version of the draft originally posted in June 2012 available on {

2 CURRENCY EQUIVALENTS (as of 08 October 2016) Currency unit Viet Nam Dong (VND) VND1.00 = $ $1.00 = VND22,320 ABBREVIATIONS ACF ADB AP/AHs CAP CARP CPC CPMU CPO CBDRM DARD DMS DPC EMA LFDC HH LMB LURC MARD PCARB PIB PIC PMT PMU PPC PPMS RCS RF RP SES SPS Asset Compensation Form Asian Development Bank Affected person/affected household(s) Corrective Action Plan Compensation, Assistance and Resettlement Plan Commune People's Committee Central Project Management Unit Central Project Office Community-Based Disaster Risk Management Department Of Agriculture And Rural Development Detailed Measurement Survey District People Committee External Monitoring Agency Land Fund Development Center Household Lower Mekong Basin Land Usage Right Certificate Ministry of Agriculture and Rural Development Provincial Compensation, Assistance and Resettlement Board Project Information Book Project Implementation Consultant Project Management Team Project Management Unit Provincial Peoples' Committee Project Performance Management System Replacement Cost Survey Resettlement Framework Resettlement Plan Socio Economic Survey Safeguard Policy Statement NOTE In this report, "$" refers to US dollars. 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.

3 RESETTLEMENT PLAN Stage of the document: Updated Project number: September 2016 VIE: Flood and Drought Risk Management and Mitigation Project (GMS1) Subproject: Upgrading and Rehabilitation of Four Primary Canals in Plain of Reeds, Dong Thap province - Cai Cai Canal Works Prepared by the Ministry of Agriculture and Rural Development (MARD) i

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5 GLOSSARY Affected persons Compensation Cut-off date Detailed Measurement Survey Entitlements Income restoration program Relocation Replacement Cost Resettlement Means 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, salt mining 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 case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a subproject or any of its components. - Means payment in cash or in kind to replace losses of lands, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs.. - Means the date of completing DMS for which land and/or assets affected by the Project are measured. The APs will be informed of the cut off date for each subproject component, and any people who settle in the subproject area after the cut off date will not be entitled to compensation and assistance under the subproject. 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, assistance, income substitution, 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.. - A program designed with various activities that aim to support affected persons to recover their income / livelihood to pre-project levels. The program is designed to address the specific needs of the affected persons based on the socio-economic survey and consultation - This is the physical displacement of an AP from her/his preproject place of residence and/or business. - Means the method of valuing assets at current market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration and titling costs. - 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 iii

6 Severely affected households Vulnerable groups needed. - 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 subproject - 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) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, and, (vi) indigenous peoples or ethnic minorities. iv

7 TABLE OF CONTENTS EXECUTIVE SUMMARY... ix I. PROJECT DESCRIPTION... 1 A. Great Mekong Sub-region Flood and Drought Risk Management and Mitigation (ADB GMS1) Project Overview... 1 B. The subproject Upgrading and rehabilitation of four primary canals in Plain of Reeds... 1 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT... 2 A. Mitigation Measures... 2 B. Scope of Resettlement Impact... 3 III. SOCIO-ECONOMIC INFORMATION... 8 A. Demographic information of affected communes... 8 B. Socio-economic information of affected persons... 9 IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION A. Information disclosure and public consultation B. Participation of the local people V. GRIEVANCE REDRESS MECHANISM VI. LEGAL FRAMEWORK A. ADB Policy on Resettlement B. Resettlement Policy of Vietnam Government C. Harmonization of the Vietnam Government and ADB Policies VII. RESETTLEMENT POLICY FOR THE WORK A. Principles on Resettlement C. Specific entitlements of APs VIII. RELOCATION OF HOUSES, OTHER STRUCTURES AND SETTLEMENT IX. INCOME RESTORATION PROGRAM A. Income Restoration Activities B. Livelihood restoration program C. Income Restoration activity implementation D. Implementation arrangement for IRP E. Gender strategy X. RESETTLEMENT BUDGET AND FINANCING PLAN A. Resettlement budget flow B. Required budget v

8 C. Resettlement costs XI. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENT A. Institutional arrangement B. Implementation arrangement C. Implementation Schedule XII. MONITORING AND REPORTING ANNEXES Annex 1: Location map of the project and its components and acquired land... Error! Bookmark not defined. Annex 2: Public Information Booklet... Error! Bookmark not defined. Annex 3: Minutes of consultation meeting... Error! Bookmark not defined. Annex 4: Total cost for Compensation, Assistances and Resettlement By Commune... Error! Bookmark not defined. Annex 5: List of Affected Household and Vulnerable household.error! not defined. Bookmark Annex 6: List of Tan Hong District Compensation Assistance and Resettlement Board... Error! Bookmark not defined. Annex 7: Summary of the affected items of Cai Cai canal workserror! not defined. Bookmark Annex 8: Summary of affected items by households. Error! Bookmark not defined. Annex 9: Total budget for compensation and assistance by households... Error! Bookmark not defined. Annex 10: The meeting minutes for agreement of compensation price... Error! Bookmark not defined. Annex 11: Sample DMS questionnaire... Error! Bookmark not defined. Annex 12: Sample SES questionnaire... Error! Bookmark not defined. Annex 13: Photos on temporary relocation site and alternative site for Landfill Area No Error! Bookmark not defined. Annex 14: Results of Replacement Cost Survey... Error! Bookmark not defined. vi

9 LIST OF TABLES Table 1: Number of Affected Households by Communes... 3 Table 2: Number of Affected Households... 4 Table 3 : The Vunerable Affected Households... 4 Table 4: Permanently Impacts on Land by Commune... 5 Table 5: Legal Status of Affected Land... 5 Table 6: The Impact Level of Productive Land by Commune... 6 Table 7: Impact on trees by communes Table 8: Impacts on houses and on-land structures... 7 Table 9: Impacts on secondary structures and grave... 8 Table 10: Demographic information of the affected communes... 8 Table 11: Social survey sample size in 3 affected communes... 9 Table 12: IDistribution of respondent by gender and by commune Table 13: Household Heads Interviewed by Age Group Table 14: Educational Level of Surveyed Household Heads Table 15: Age Grouping of Household Members Table 16: Main Occupation of Surveyed Household Heads Table 17: Average Income Table 18: Food Availability of Surveyed Households Table 19: Main Domestic Water Source of Surveyed Affected Households Table 20: Types of Toilet Table 21: Energy Sources for Lighting of Surveyed Affected Household Table 22: Energy Sources for Cooking Table 23: List of Consultation Meetings conducted during the RP updating exercise Table 24: Gap between Government Policies (Decree 43/ND-CP, Decree 47/NDCP) and ADB SPS (2009) and Measures taken to Close the Gaps Table 25: Entitlement Matrix Table 26: Matrix of Income and Livelihood Restoration Program Table 27: Institutional and implementation arrangement for IRP Table 28: Total resettlement cost for compensation, assistances and resettlement of the Cai Cai canal Work Table 29: Implementation schedule Table 30: Internal Monitoring Indicators vii

10 Table 31: Indicators for external monitoring and performance evaluation of urp implementation LIST OF FIGURE Figure 1: Location map of subproject... xvi Figure 2: Organization Structure viii

11 EXECUTIVE SUMMARY A. Introduction 1. The subproject Upgrading and rehabilitation of four primary canals in Plain of Reeds (hereinafter referred to as Subproject) is one of four structural subprojects under the Great Mekong Sub-region Flood and Drought Risk Management and Mitigation Project in Vietnam (ADB-GMS1) in Vietnam. The subproject aims to address the constraints of drainage capacity and provide adequate water for four primary canals, which include: Khang Chien, Thong Nhat, Tan Cong Chi-Doc Vang Ha, Cai Cai of Tan Hong, Hong Ngu, Tam Nong, Thanh Binh districts, Dong Thap province. The subproject will resolve these limitations through construction of drainage and irrigation related infrastructure and other rehabilitation measures that includes dredging of silted canals, building of supplemental facilities such as sluide gates, bridges and soil storages, etc., to address the above mentioned issues. 2. The Cai Cai canal Work is one of components of the subproject: "Upgrading and Rehabilitation of Four Primary Canals in Plain of Reeds " (hereinafter referred to as Work). The canal has a total length of km; and starts from the So Ha Cai Co irrigation ditch (bordering Cambodia), and ends at the Hong Ngu-Vinh Hung canal, passing through Thong Binh, Tan Thanh A and Tan Phuoc communes of Tan Hong district. The objectives of works are: (i) to minimize the loss of lives and property resulting from periodic inundation at the flood zone; and (ii) to create conditions favorable to the development of agriculture production, and improve the lives of people residing within the 3 beneficiary communes of Tan Hong district. 3. The structure passes through Thong Binh, Tan Thanh A and Tan Phuoc communes of Tan Hong district. 4. The components of the Cai Cai canal Work are as follows : - Dredging of the Cai Cai canal totaling km in lengh - from Tan Thanh Lo Gach (K6+650) to Hong Ngu Vinh Hung canal; - Building five (5) culverts along the Cai Cai canal; - Building four (4) bridges over the canal in three communes; and - Elevating low lying residential areas in 3 subproject communes to avoid flooding, by backfilling using dredged soil from the canal. 5. This RP is updated based on a) the results of the detailed measurement survey (DMS) which was carried out between 8 th October th December 2014, and b) the approved Detail Design of the subproject. The RP was also updated to reflect a) the results of the additional public consultation meetings carried out from April 2014 to August 2016, b) feedback from the affected households on on the potential social impacts resulting from the implementation of the subproject which was confirmed through the approved detailed engineering design, and c) updated mitigation measures. No land acquisition and physical relocation of affected people could be started until the updated RP has been approved by the ADB and concurred by the PPC. Also, it will only award the civil works contract to the civil works contractor after the RP is updated based on DMS and such RP has been reviewed and deemed satisfactory by the ADB. ix

12 B. Scope of land acquisition and resettlement 6. Based on the DMS results, 153 households (632 persons) will be affected by the Subproject. The main resettlement related impacts are follows: - Summary on the number of affected households: The total affected households in the Cai Cai Canal Work area are 153 households (632 persons). 114 households (501 APs) would be severely affected, in which 36 AHs (165 APs) will be lossed of 10% or more of their agricultural land and the remaining households will be physical displaced, broken down as follows: 4 households (13 APs) will be permanently relocated and 75 AHs (324 APs) will temporarily relocate their houses 1. In which 01 AH (01 APs) will be both lossed 10% or more of their agriculutural land and permanently relocated. There are 12 vulnerable households (52 persons), in which 10 households (44 persons) out of them are poor households; two households (08 persons) out of them are near-poor households. 55 HHs (233 persons) will lose their land permanently, of which 51 HHs (222 persons) will lose agricultural land, 1 HHs (1 persons) will lose residential land. 3 HHs (10 persons) will lose both agricultural and residential land. There are 75 households (324 persons) who would be temporarily relocated to allow the construction operation. 2 They will be building temporary houses on the river side. A technical team will be set up by Dong Thap PPMU to provide technical support to ensure the temporary houses (to be built on the river side) is safe for the relocation households. Upon completion of the construction, these 75 households (324 persons) will come back to their original land and re-build the new house. The time duration for temporary relocation is estimated at 1 year. There is an estimated 8 households (34 persons) who would be temporarily affected by shaking due to the construction of the Work. These households will be receiving financial assistance to strengthen their houses to prevent shaking. There are 4 AHs (13 persons) whose house will be permanently affected. However, one household will build their house in their remaining land which is 1 Currently, the location of soil storage No.4 is not yet final. Once finalized (scheduled in Quarter 4 of 2016), the RP will be further updated with regards to final total costs and budget which are for compensation payment and financial assistance, including land rental and allowances for the 75 temporarily affected households. Additional meaningful consultations have been ongoing at the moment with all affected households. Once consultation is completed, compensation and support package will be updated and the updated RP will be disclosed prior to compensation payment. No civil works that affect the houses, land, and assets of the 75 temporarily affected households (at the proposed soil storage No. 4) will be commenced until the RP has been a) updated with the final location, b) finalized with the compensation and support package, c) agreed upon between Dong Thap PC and the ADB, and d) the area is free from encumbrances 2 Refer to footnote 1. x

13 at the back of the affected house and three other households will be relocated to district resettlement site. - Impact on land: A total 136,156.2 m 2 of land will be permanently acquired, of which 135,517.9 m 2 are agricultural land m 2 is residential land A residential area of about 63,000 m 2 will be temporarily acquired to allow backfilling operation, affecting 75 households 3. - Impact on houses and structures: The subproject will affect the houses of 87 households (371 persons), of which: a) 75 HHs (324 persons) in No.4 soil storage (Tan Phuoc commune) will be temporarily relocated to other places and they will go back their land to re-build the house as soon as the project completes; b) 8 HHs (34 persons) in No.4 soil storage have cement concrete house. They prefer having their houses strengthned to keep their houses and don t have to relocate temporarily. These houses will be provided with technical support to strenghthen their houses; (iii) 04 HHs (13 persons) at Ca Thap 2 and Ca Trap 3 bridges will be relocated to district resettlement site (3 households). One household resettles on their own. There are m 2 of other structures/facilities such as kitchen, breeding facilities, outhouse, toilet, gutter... (36 households, 148 persons) will be affected. 56 graves belong to 15 households (66 persons) also will be relocated. - Impact on crops and trees: The Works will also affect to 2,050 perennial trees of 31 HHs (92 persons) including 380 fruit trees and 1,670 timber trees. - No households will be affected by business. - No public assets, cultural and heritage site and conservation area that will be affected by the Work. (See more figures of location map and its component and acquired land area in the Annex 1) C. Information disclosure and public consultation 7. The objectives of the information disclosure and community consultation are: (i) Share adequate information on the project for the community and people affected by the project and the related agencies; (ii) Collect opinions and suggestions of the local authorities, the affected community and people on land acquisition related issues; the mitigation measures of land acquisition; the compensation, assistance, resettlement policies; the income restoration activities and the grievance redress mechanism;. iii) Seek cooperation and participation of the affected community, people and the related agencies in the preparation and implementation of the resettlement plan (iv) to ensure transparency of the subproject on matters such as mechanism and measures for land acquisition compensation, support, resettlement and income restoration which were discussed closely during public consultation meetings. Public consultation meetings and information disclosure have been conducted during the process of updating the RP. At commune levelthere were nine public consultations held in 3 affected communes (three consultations in each of the three communes. In addition, at district level, three were three consultations held at the Land Fund Development Center of Tan Hong district. At provincial level, three consultaitons were 3 Refer to footnote 1. xi

14 conducted in the office of the provincial PMU. Through the consultation meetings, local people understood the scope of land acquisition and agreed with the compensation policies as well as the compensation, support and resettlement plan. Besides, PIB has been provided to AHs and village leaders during consultation meetings, and disclosed at CPC s office. (See the public information booklet in the Annex 2 and Minutes of consultation meeting in the Annex 3) D. Legal and Policy Framework 8. The project resettlement policy and entitlements have been developed from the laws of the Government of the Socialist Republic of Viet Nam (GOV), principally the Constitution (2013); 2013 Land Law N 45/2013/QH13 dated November (providing Viet Nam with a comprehensive land administration law); Decree N 43/2014/ND-CP dated May (guiding implementation of some articles of the Land Law 2013); Decree No. 47/2014/ND-CP dated May (on compensation, rehabilitation and resettlement in the event of land recovery by the State); Decree No 44/2014/ND-CP dated May (on land prices); and the ADB s Safeguard Policy Statement (SPS June 2009) guided by the Operations Manual on Involuntary Resettlement (OM Section F1/OP, on 3 March 2010). 9. The resettlement policy adopted in this Project will supplement the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, consistent with 2013 Land Law and Decree N 38/2013/ND-CP which provides that in case of discrepancy between any provision in an international treaty on Official Development Assistance (ODA), 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 46, Item 1, Article 38/2013/ND-CP) 10. The updated resettlement plan is prepared based on the original RP that had been updated following the new Land Law 2013 and related decrees, Detail Measurement Survey (DMS) was carried out from 8 October 2014 to 15 December 2014, Socio-Economic Survey (SES) conducted in April 2014 and the Replacement Cost Survey (RCS) conducted from 25 June 2015 to 21 August 2015 on the basis of Project s Resettlement Framework and the Detailed Engineering Design which was approved in E. Compensation, Assistance and Benefits 11. Consistent with the principles and policies of the overall Greater Mekong Sub-region Flood and Drought Risk Management and Mitigation Project for Vietnam, APs of the Cai Cai canal Work are entitled to compensation and assistance as per the Project s Resettlement Framework. The entitlements of APs are summarized in the Entitlement Matrix. 12. MARD will award the civil works contract to the civil works contractor only when this updated RP is reviewed and approved by the ADB. The notice to proceed with the civil works for components or sections will be issued in writing by CPMU upon completion of the followings (i) payment has been fully made to the displaced persons and rehabilitation measures are in place, (ii) following compensation payment and assistance, affected households clear the affected area in a timely manner; and (iii) the affected area is free from any encumbrances. xii

15 F. Grievance Redress Mechanism 13. In order to ensure that all affected persons grievances on any aspect of land acquisition, compensation and resettlement are addressed in a timely and satisfactory manner, and that all possible avenues are available to affected persons to address their grievances, a well-defined grievance redress mechanism has been established in the updated RP. 14. All affected persons can lodge any complaints to executing agency agencies to request for clarification and/or solvement of issues related to their entitlements, compensation payment, assistance support, and or resettlement options, income restoration support, and other relevant issues such as inaccurate DMS data, slow support in income restoration process. The Executing Agency will bear all administrative and legal fees that might be incurred as a result of solving grievances that were lodged by the affected peoples. Complaints could be lodged at the Commune People s Committee (CPC) as the first step, then going up at higher level such as District People s Committee (DPC), and Provincial People s Committee. However, affected people may lodge their complaints regarding any aspects of the RP preparation and implementation with the court at any point in the process. G. Monitoring and Evaluation of RP Implementation 15. The main purpose of the monitoring and evaluation of the RP implementation is to: (i) overall, monitor and evaluate to confirm whether the implementation of the RP is full compliance with the updated RP; (ii) specifically, assess if compensation payment, rehabilitation and support measures, and income restoration program programs are appropriately done to ensure affected peoples could restore their livelihood to, at least, the pre-project level; (iii) identify problems and means to restore of APs standard of living; and (iv) identify mitigation means to promptly respond to problems. An external monitoring organization has been recruited by the Central Project Management Unit (CPMU) to conduct periodical monitoring and evaluation on implementation of the updated RP and prepare semi-annual monitoring and evaluation reports to submit to CPMU and the ADB for review prior to disclosure on the ADB website. 16. With regards to internal monitoring, CPMU and PPMUs will conduct regular monitoring of the updated RP implementation. A brief monitoring report will be prepared and submitted to ADB every six month. The internal monitoring report will outline the progress made with regards to RP implementation, highlighting, in particular, the area of compliance as well as non-compliance, and/or grievances, if any. Specific indicators include payment of compensation to all APs in various categories, according to the compensation policy described in the RP; delivery of technical assistance, relocation, payment of subsistence and moving allowances; delivery of income restoration and social support entitlements; public information dissemination and consultation procedures; adherence to grievance procedures and outstanding issues requiring management s attention; and Coordination and completion of resettlement activities and award of civil works contract The report will summarize how non-compliance are addressed to ensure the RP implementation are in line with the project s RF. H. Income Restoration Program xiii

16 17. The income restoraration program (IRP) has been prepared for severely affected households based on the need assessment of beneficiaries as well as consultation with local government, functional offices. As the result, two IRP models have been identified; including training on high quality rice production and Sind cow production. As part of this IRP, selected rice varieties and Sind cow breeds will be provided to severely affected households through partial financial support, including hands-on technical support. There are 30 severely HHs who had chosen the high yielding rice model and 20 SAHs choosing Sind cow breeds production model. Six training courses have been planed for all participants under these two IRP models. 18. DCARB will coordinate with Woman s Union, Farmers Association, local NGOs, other community organizations, state offices, and related offices in the province to implement the IRP. The DARD, District Agricultural Extension and Vet Stations, and the District Veterinary Station will be the key agencies providing technical support to affected households. These agencies will appoint experienced technical staff in their respective agencies to develop the detailed training plan and will conduct the training to ensure effectiveness of the trainining. I. Resettlement Budget and Financing Plan 19. Total cost for compensation and assistance for the Cai Cai canal Work is estimated at 35,967,803,943 VND (1,610,739 USD) including 3% administrative cost and 10% as contingency. As agreed, 53% of this costs will be provided by Dong Thap provincial People s Committee and 47% of the total costs will be provided from part of the ADB loan. (See more for resetlement costs by commune in Annex 4) G. Implementation Arrangements 20. The implementation of the updated RP will be done through the close coordination and cooperation between different agencies from central to commune levels. Each of the agengies will have their own responsibility. At the district level, the District Compensation, Assistance and Resettlement Board (DCARB) is the lead agency in charge of organizing resettlement activities on behalf of District People s Committee. Details of each agency s responsibilities are presented in Section XI (Institutional Arrangements). Below is the updated overall RP Implementation Plan. Preparation of updated RP Activities xiv Schedule Detailed design and Subproject Work approval 8/2014 Conduct of Socio-economic survey 4/2014 Conduct of RCS 25/6 21/08/2-15 Conduct of DMS 8/10-15/12/2014 Preparation of compensation plan 12/2014-8/2016 Conduct of pubic consultation meetings with APs 4/2014-ongoing Complete updated RP 9/2016 Submit updated RP to ADB for review 9/2016

17 Disclosure of approved updated RP in ADB website and in local areas 9/2016 Implementation of updated RP Compensation payments and resettlement assistance 9/ /2016 Clearing of acquired land and implementation of income restoration program 10/2016-5/2017 Contract award and execution of Work 9/2016 Monitoring Periodic Internal and external monitoring 8/2016-9/2017 Final monitoring and evaluation 10/2017 xv

18 Figure 1: Location map of subproject xvi

19 I. PROJECT DESCRIPTION A. Great Mekong Sub-region Flood and Drought Risk Management and Mitigation (ADB GMS1) Project Overview 1. The project will improve the capacity of GMS countries and communities in the lower Mekong basin (LMB) that includes Cambodia, Lao PDR, and Viet Nam, in preparing for, responding to, and recovering from the negative impacts of floods and droughts. For Vietnam, the investments proposed comprise of three non-structural sub-projects and four structural subprojects intended to mitigate the adverse impacts of extreme weather events in two provinces (Tien Giang and Dong Thap) in the Mekong Delta. In Tien Giang province, the proposed structural subprojects are: (i) Go Cong Water Management Improvement; and (ii) Flood Control System for Ba Rai Phu An area. In Dong Thap province, the subprojects to be considered include (i) Upgrading and Rehabilitation of Four Primary Canals in Plain of Reeds; and (ii) Bank Protection for the Mekong River at Thuong Thoi Tien town (Hong Ngu district). 2. The objectives of project: (i) upgrading and rehabilitation of primary canal systems to strengthen flood drainage capacity during the flood season, and increase water conveyance capacity during the dry season to ensure stable agricultural production, support poverty reduction for the local people; improve waterway transportation, etc.; (ii) protection of fruit trees from flood risks; and (iii) protection of local people and infrastructure facilities against river bank erosion. 3. The expected benefits of the structural projects include: i) protection of human, crops, and infrastructure within the project area. The crops which will be protected includes the rice crops during the Summer-Autumn season and high-value fruit trees; ii) facilitation of timely seeding during the Winter-Spring crop season and ensured reliable access to irrigation water, drainage and soil improvement requirements; iii) prevention of river bank from floodinduced erosion; iv) and improvement in environmental condition of the subproject area. The main outputs of the project intervention will be: (i) flood and drought risk managed and infrastructures upgraded; (ii) capacity for community based F&D management developed; (iii) regional coordination for management of climate extremes strengthened; and (iv) effective project implementation. B. The subproject Upgrading and rehabilitation of four primary canals in Plain of Reeds 4. The subproject Upgrading and rehabilitation of four primary canals in Plain of Reeds in Dong Thap province is one of four structural subprojects under the Great Mekong Sub-region Flood and Drought Risk Management and Mitigation Project in Vietnam. The subproject aims to address the constraints of drainage capacity and provide adequate water for four primary canals, which include: Khang Chien, Thong Nhat, Tan Cong Chi- Doc Vang Ha, Cai Cai in the districts of Tan Hong, Hong Ngu, Tam Nong, Thanh Binh of Dong Thap province. The subproject will resolve these limitations by providing budget for constructing drainage and irrigation related infrastructure that includes: dredging of silted canals and building supplemental facilities including sluice gates, bridges and soil storages. 5. The objective of subproject include : (i) protect local people and infrastructures against river bank erosion; and (ii) create favorable conditions for sustainable agricultural production and raise the living standards of people in the sub-project. 1

20 6. Cai Cai canal Work (hereinafter will be called the Works) is one of four component works of the subproject Upgrading and Rehabilitation of Four Primary Canals in Plain of Reeds. The length of Works is 19,668 m; from the So Ha- Cai Co irrigation ditch (bordering Cambodia) and to the Hong Ngu-Vinh Hung canal. The structure passes through Thong Binh, Tan Thanh A, and Tan Phuoc communes of Tan Hong district. 7. The components of the Cai Cai canal Works are as follows : - Dredging a total length of km of canal from Tan Thanh Lo Gach (K6+650) to Hong Ngu Vinh Hung canal Building five (5) sluice gates along the Cai Cai canal; - Building four (4) bridges over the canal in three communes; - Elevating low lying residential areas in three subproject communes to avoid flooding, by backfilling using dredged soil from the canal. 8. This Resettlement Plan (RP) is updated to reflect the actual impacts of the subproject based on the approved Detailed Engineering Design as well as the mitigation and assistance measures that are designed to minimize the identified negative social impacts that is caused by the RP implementation, and assist the prompt restoration of the livelihoods to ensure their livelihoods are restored to at least the pre-subproject standard of living level, or better. Compensation payment, providion of assistance and other benefits will be provided in full before any physical resettlement is proceeded. A. Mitigation Measures II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 21. Measures to minimize adverse impacts of the sub-project implementation have been proposed by the affected households, designers and local authorities. Furthermore, during the public consultations, the affected communities proposed measures to minimize impact on their land and non-land assets. The mitigation measures for land and on-land assets include: (i) (ii) (iii) (iv) (v) (vi) Five (5) culverts, four (4) bridges to be constructed are to be located in areas having the least impact on residential land and assets on land of affected households. To reduce the amount of land for acquisition, detail technical designs were adjusted towards the deep canal sections which do not require dredging, so total length of canal that needed dredging was reduced from km to km. Dredged soil will be used for raising the level of residential clusters located in low lying areas; to avoid flooding; land leveling elevation of +5,5+6,5m. Building materials will be transported to the construction area by waterway. Building materials temporary storage area will be arranged on the canals to avoid temporary acquisition of private lands. Workers' camp area, the operation area, construction equipment and materials temporary storage area will be arranged on permanently affected land and on the water surface to minimize impacts on land and assets of local people. The construction process will be closely monitored by PPC, DPC, CPC, APs, 2

21 monitoring consultants to minimize rock and soil dump which affects rice fields, fruit tree orchards, and the local road system within the subproject area. (vii) The PPMU with the assistance of the local CPC leaders, will inform the affected households on the time and nature of the construction works so that they can properly plan their agricultural production and business schedule. B. Scope of Resettlement Impact Summary of Affected Households Table 1: Number of Affected Households by Communes No. Commune Total affected households Total affected persons 1 Thong Binh Tan Thanh A Tan Phuoc Total Source: DMS results, Nov Based on DMS results, 153 households (632 persons) will be affected by the Works. These impacts include the following: - Impact on land: 55 households (233 persons) will lose their land permanently, of which 51 households (222 persons) will lose productive land while 1 household (1 person) will lose residential land. Of the total 55 households having land being affected, 3 households (10 persons) will potentially lose both agricultural and residential land. - Impact on houses and structures: 87 households (371 persons) will have their houses affected as a result of the subprojects. Of the total 87 households, 75 households (324 persons) who reside in the area of No.4 soil storage (in Tan Phuoc commune) 4 will need to resettle temporarily in other areas during the construction. Upon completion of the works, they could go back to their land and rebuild their new houses. 04 HHs (13 persons) at Ca Thap 2 and Ca Trap 3 bridges will be relocated to other areas (3 going to district resettlement site, and one resettling on their own. The remaining 8 households (34 persons) will be potentially affected due to the vibration effect from the construction. These eight households will be supported financially to strengthen their houses against vibration. 4 Currently, the location of soil storage No.4 is not yet final. Once finalized (scheduled in Quarter 4 of 2016), the RP will be further updated with regards to final total costs and budget which are for compensation payment and financial assistance, including land rental and allowances for the 75 temporarily affected households. Additional meaningful consultations have been ongoing at the moment with all affected households. Once consultation is completed, compensation and support package will be updated and the updated RP will be disclosed prior to compensation payment. No civil works that affect the houses, land, and assets of the 75 temporarily affected households (at the proposed soil storage No. 4) will be commenced until the RP has been a) updated with the final location, b) finalized with the compensation and support package, c) agreed upon between Dong Thap PC and the ADB, and d) the area is free from encumbrances 3

22 No. - Impact on other structure/facilities: m 2 of ostructures/facilities belonging to 36 households (148 persons) will be affected including m 2 of kitchen; m 2 of breeding facilities; and m 2 of other secondary structures such as outhouse (57.2 m2), toilet (25.56 m2), gutter (72.7 m2), lean-to (79.24 m2), parterre (60 m2), bath-house (50.55 m2), washing yard (59.34 m2), rice husk oven (5 m2), stairs (17.78 m2) and mess hall (27.68 m2). 56 graves - owned by 15 households, will also need to be reallocated. - Impact on crops and trees: The works also affect 2,050 perennial trees of 31 HHs including 380 fruit trees and 1,670 timber trees. - The severely affected households: There are a total of 114 severely affected households (501 persons). These include the 36 severely affected households (165 APs) who will lose 10% or more of their productive land, and remaining households who will be physically displaced, broken down as follows: the 04 physically displaced households (13 APs) and 75 AHs (324 APs) will be temporarily relocated their houses 5. In which 01 AH (01 APs) will be both lossed 10% or more of their agriculutural land and permanently relocated. (see the list of serverly affected HHs in the Annex 5). - All affected households are Kinh people - There are 12 vulnerable households (52 persons), in which 10 HHs (44 persons) are poor and 02 HHs (persons) are near-poor households 6. Commune Table 2: Number of Affected Households Permanently affected households Unit: Household AHs to be affected by vibrations Resi. Agri. land land Houses Struc. Graves Trees Houses 1 Thong Binh Tan Thanh A Tan Phuoc Total Table 3 : The Vunerable Affected Households Source : DMS results, Nov Unit: Household No. Commune Poor households Near poor households 5 For these households, the period of displacement is estimated at 1 year. As they are also physically displaced, they are counted as severely affected households. 6 The poverty threshold regulated by the Government of Vietnam for the period from is under 700,000VND/capita/month for rural area, and under 900,000VND/capita/month for urban area. Near-poor threshold is from above 700,000VND to 1,000,000VND for rural area and above 900,000VND to 1,300,000VND for urban area. 7 This figure excludes the 8 households whose structures may be affected by vibrations but whose houses or even part of the house will not be acquired. 4

23 No. Commune Poor households Near poor households 1 Thong Binh Tan Thanh A Tan Phuoc Impact on land Total 10 2 Source : DMS results, Nov The total 136,156.2 m 2 of land belong to (55 households, 233 persons) will be permanently acquired. In which, there are 135,517.9 m 2 of agricultural land (54 Ahs and 232 APs) and m 2 of residential land (4 Ahs and 11 Ahs). There are 51 Ahs (222 APs) will only lose agricultural land, 1 Ahs (1 APs) will only lose residential land and 3 Ahs (10 APs) will lose both agricultural land and residential land. There are about 63,000 m 2 of land that will be temporay affected at area considered Soil Storage No. 4. No. Commune Table 4: Permanently Impacts on Land by Commune Agricultural land Residential land Total Unit: m 2 1 Thong Binh 54, , Tan Thanh A 78, , Tan Phuoc 2, ,297.4 Total 135, ,156.2 Source : DMS results, Nov All of 54 households whose agricultural land will be permanently acquired have Land Use Rights Certificates (LURCs), and 4 households whose residential land will be permanently acquired, all have LURCs. Similarly, those whose land may be temporarily affected by soild storate No.4 also have LURCs. No. Commun e 1 Thong Binh 2 Tan Thanh A 3 Tan Phuoc Table 5: Legal Status of Affected Land Agricultural Land Owners are Owners AHs eligible to acquire with LURCs LURCs Owners without LURCs Residential land AHs Unit: Households Owners with LURCs

24 No. Commun e Total Agricultural Land Owners are Owners AHs eligible to acquire with LURCs LURCs 12 9 Owners without LURCs Residential land AHs Owners with LURCs Source: DMS results, Nov Of the 115 severely affected households, 75 are affected as a result of temporary relocation, 4 resettle in other area (3 to district resettlement site and 1 resettling on their own), and 36 households (165 persons) are permanently affected as a result of land acquisition of 10% or more. Of these 36 households, 12 households (53 persons) may lose from 10-30% of their land, 16 households (76 persons) may lose from >31-70% and 8 households (36 persons) may lose more than 70% of productive land. The following Table 6 provides more detailed information on the severely affected HH losing productive land by commune. Table 6: The Impact Level of Productive Land by Commune Unit: Households No. Commune 10-30% >31-70% > 70% < 10% Total 1 Thong Binh Tan Thanh A Tan Phuoc Total Impacts on Trees and Crops Source : DMS results, Nov According to the results of the DMS, the Work may affect 2,050 perennial trees owned by 31 households (380 fruit trees and 1,670 timber trees). Details are found in Table 7. No. Commune Table 7: Impact on trees by communes Quantity of trees Fruit trees Timber trees Total Number of AHs 1 Thong Binh Tan Thanh A 146 1,493 1, Tan Phuoc Total 380 1,670 2, Impacts on Houses and Other Structures Source : DMS results, Nov The Works will affect the houses (4, m2) owned by 87 households (371 persons), of which 75 households (337 persons) with 4,197.2 m 2 of wooden houses will be 6

25 affected. All of these 75 houses need to be dismantling their houses to give the land to the landfilling operation. Upon completion of landfill operation, these households will go back to their original residential land and build the new houses. Of the remaining 12 households, 4 will need to resettle in other area, 8 households (34 persons) with m 2 of concrete/wooden house may be potentially affected during construction activities thus need to be re-forced with the technical support provided by the technical team set up by Dong Thap PMU to avoid the effect of landfilling operation. The number of AHs, and their corresponding impact on their houses and structures, as well as their mode of relocation (for displaced AHs) are found below. More details are also found in Table HHs in Tan Phuoc commune will be temporarily relocated and this residential land will be used as Landfill area No. 4. These households will be relocated temporarily to the canal bank meters away from their existing house locationafter the construction is completed and low laying residential areas have been raised to a higher elevation, these affected households can return to their elevated land and build new houses. - The 8 concrete/wooden houses owned by 8 households will be re-inforced to stay free from vibration during landfilling operation. These households will receive both technical and financial assistance to strengthen their houses. - Table 8: Impacts on houses Permanent Impact on house Temporary Impact on house 8 TT Commune Area of residential land (m2) Area of agricultural land (m2) Area of house (m2) Ahs Area of residential land (m2) Area of agricultural land (m2) Area of affected house (m2) AHs 1 Thông Bình Tân Thành A Tân Phước , ,56 75 Total , , Currently, the location of soil storage No.4 is not yet final. Once finalized (scheduled in Quarter 4 of 2016), the RP will be further updated with regards to final total costs and budget which are for compensation payment and financial assistance, including land rental and allowances for the 75 temporarily affected households. Additional meaningful consultations have been ongoing at the moment with all affected households. Once consultation is completed, compensation and support package will be updated and the updated RP will be disclosed prior to compensation payment. No civil works that affect the houses, land, and assets of the 75 temporarily affected households (at the proposed soil storage No. 4) will be commenced until the RP has been a) updated with the final location, b) finalized with the compensation and support package, c) agreed upon between Dong Thap PC and the ADB, and d) the area is free from encumbrances 7

26 Source : DMS results, Nov In addition, 36 households may have parts of kitchens, breeding facilities and other minor structures such as gutter, toilet pits, fence gate... affected ( m2) during the construction, and 56 graves belonging to 15 households will be affected and will be re-buried in the remaining land of the affected households. Details are found in Table 9. N o. Table 9: Impacts on secondary structures and grave Commune Secondary structures Grave area (m2) AH Unit AH 1 Thong Binh Tan Thanh A Tan Phuoc Total Households with business loss Source : DMS results, Nov There is no household who would potentially have their business affected Impact on public assets 17. The Works will not affect any public infrastructure and/or other permanent assets Permanent Physical Resettlement 18. There is 4 households permanently relocated to other areas (government resettlement site, and resettling on their own). III. SOCIO-ECONOMIC INFORMATION A. Demographic information of affected communes 19. In 2013, the total population of 3 communes is 34,193 persons, and the average population density is 320 persons/km2. Thong Binh commune has the highest population density (424 people/km2) among of 3 communes and also the highest population (with 12,462 persons belonging to 3,156 households). Tan Phuoc commune has the highest poverty rate ( 24.7%) and Tan Thanh A commune has the lowest poverty rate ( 17.25%). Demographic information are found in Table In the three communes, the main income sources is agricultural production, with rice as the main crop. Tan Phuoc commune has the largest cultivated area of 6,000ha. Table 10: Demographic information of the affected communes No. Commune Area (km 2 ) Population (persons) Population density (persons/ km 2 ) No. of HHs Percentage of poor HHs (%) 8