VIE: Greater Mekong subregion Flood and Drought Risk Management and Mitigation Project (GMS1)

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1 Resettlement Monitoring Report #1 Semestral Report August 2015 VIE: Greater Mekong subregion Flood and Drought Risk Management and Mitigation Prepared by Vietnam Water, Sanitation and Environment joint stock company for the Central Project Office Ministry of Agriculture and Rural Development and the Asian Development Bank.

2 ABBREVIATIONS ADB - Asian development Bank (ADB) AusAID - Australian Agency for International Development PAH(s) - Project affected household(s) CPO - Central project office CPMU - Central Project Management Unit PPMU(s) - Province Project Management Unit(s) RDDR - Resettlement Due Diligence Report DCCS District Committee for Compensation and Site Clearance DCLFP District Center for Land Fund Development IMO - Independent monitoring organization ODA - Official development assistance TOR - Term of Reference RF - Resettlement frame RP(s) - Resettlement plans VIWASE - Vietnam water, sanitation and environment JSC CPC - Commune People s Committee DPC - District People s Committee PPC - Provice People s Committee This resettlement monitoring report 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. 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. i P a g e

3 Contents I. INTRODUCTION... 3 II. KEY CONTENTS OF RESETTLEMENT... 4 III. SCOPE OF WORK Target of the Assignment Scope of work... 6 IV. APPROACH TO AND METHODS OF MONITORING IMPLEMENTATION Approach Methods for monitoring Implementation organization V. MONITORING RESULTS Indoor works Results of site monitoring Information disclosure and public consultation and participation Detailed Measurement Survey (DMS) of affected assets Compensation plans Compensation payment Restoration of the affected people s lives and livelihood Land clearance and resettlement Arrangement for resettlement Grievance Redress Mechanisms Satisfaction of the Affected People on Resettlement Implementation Gender impacts and strategy Outstanding issues VI. CONCLUSION AND RECOMMENTDATION Conclusion Recommentdation APPENDIX Appendix 1. Minutes of work between the IMO and the implementing agencies Appendix 2. Some typical images during monitoring Appendix 3. List the interviewed households Appendix 4. Internal monitoring documents of Dong Thap PPMU Appendix 5. Indicators for Monitoring according to the DDR (August 2013) for Thuong Thoi Tien subproject 1 P a g e

4 TABLE Table 1: Affected Lands by Communes... 4 Table 2: Indicators for Monitoring... 6 Table 3: Numbers of Meeting Participants Table 4: Assistances for PAHs FIGURE Figure 1: Location of land acquisition of the sub-project... 5 Figure 3: Decisions approving the detail compensation plan of the subproject Figure 4: Asset Inventory Minutes... Error! Bookmark not defined. Figure 5: Assistance payment for income-business disruptions for the affected business households... Error! Bookmark not defined. Figure 6: List of registered vocational training courses... Error! Bookmark not defined. Figure 7: Minutes committed relocated as required... Error! Bookmark not defined. Figure 8: Water supply station in Hong Ngu district Figure 9: Layout arrange resettlement plots and list of displaced household Error! Bookmark not defined. Figure 10: DP s house built on resettlement plot Figure 11: Decision No.785/QD-UBND dated 7 March 2012 on the resolution of Mr. X s complaint... Error! Bookmark not defined. 2 P a g e

5 I. INTRODUCTION 1. The Project (the Project) will be implemented in Cambodia, Lao PDR and Vietnam. The Project aims to improve the capacity of the countries and communities to prepare for, respond to, and recover from the negative impact of floods and droughts. For Vietnam, the investments proposed comprise `three non-structural sub-projects and four structural subprojects to mitigate the adverse impacts of extreme weather events in two provinces (Tien Giang, and Dong Thap) in the Mekong Delta. The proposed structural subprojects in Tien Giang province are: (i) Go Cong water management improvement; and (ii) flood control system for Ba Rai Phu An area. In Dong Thap, the subprojects to be implemented include: (iii) Upgrading and rehabilitation of four primary canals in Plain of Reeds; and (iv) Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District. 2. The impact of the project is reduced economic losses resulting from floods and droughts. The outcome of the project is improved capacity and preparedness to manage and mitigate the impacts of flood and drought events. The project has four components: (i) Component 1: Enhanced regional data, information, and knowledge base for the management of floods and droughts; (ii) Component 2: Upgraded water management infrastructure; (iii) Component 3: Enhanced capacity for Community-based Disaster Risk Management (CBDRM); and (iv) Component 4: Effective Project Implementation. The executing agency is MARD, through CPO. The implementing agencies (IAs) are the provincial Department of Agriculture and Rural Development (DARD) of the two participating provinces, Tien Giang and Dong Thap provinces. The project was approved on 11 November 2012, signed on 21 December 2012 and declared effective on 10 May The project is expected to be completed by 31 March Implementation of Component 2 of the Project shall result in involuntary resettlement through loss of land and assets of households, utilities and organization. To minimize these impacts, Resettlement Plans (RPs) for the subprojects have been developed under the Technical Assistance (supported by ADB) and agreed by the Ministry of Agriculture and Rural Development (MARD). 4. The RPs of 4 sub-projects have been prepared in the basic design. As required, RPs shall be updated after approval of detailed technical design and completion of detailed measurement survey (DMS) to reflect changes and requirements occurred recently. The updated RP shall be the basis for the implementation of Project resettlement activities by Central Project Management Unit (CPMU); PPMUs, District Compensation, Assistance and Resettlement Boards (DCARBs) and stakeholders. 5. The implementation of independent resettlement monitoring aims to assess (i) the compliance of resettlement implementation with policies and principles of social safeguards as specified in the RPs;; ;; (ii) achievement of resettlement objectives; (iii) changes in living standards and livelihoods of affected people; (iviv) restoration and/or improvement of the economic and social base of the affected people; (v) effectiveness and sustainability of entitlements; and (vi) the need for further mitigation measures of project adverse impacts. Independent resettlement moritoring will be conducted in periodical basis (two times per year). Semi-annual monitoring reports shall be prepared and submitted to ADB for review and upload on the ADB website. 6. Currently, the Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District, Dong Thap Province sub-project has paid compensation and resettlement for the APs by local authorities without the resettlement plan updated. In May 8/2013, ADB experts assess the problem according to the level of compliance and propose solutions to ensure compliance with the project policies. For the three remaining sub-projects, the 3 P a g e

6 updated RPs are being undertaken and expectedly it will be completed in near future. 7. Therefore, the first semestral report on independent resettlement monitoring - IRM (for the duration from the commencement of RP implementation till July 2015) is the First IRM Report which is prepared for the above said objectives and focused on the Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District, Dong Thap Province. The Report is developed on the base of: ADB Safeguard Policy Statement (SPS 2009); policies and regulations of Viet Nam on compensation, support and land recovery; RF; RP; Resettlement Due Diligence Report for the subproject Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District, Dong Thap Province ; reports, data and information provided by: (i) CPO; (ii) Dong Thap PPMU; (iii) Hong Ngu DCCS/Hong Ngu DCFLP; (iv) Thuong Thoi Tien Commune People s Committee and Thuong Phuoc Commune People s Committee (CPCs); (v) RP specialist; and (vi) local resident and APs. II. KEY CONTENTS OF RESETTLEMENT 8. As mentioned above, the first periodic independent resettlement monitoring report (during the time from the start of implementation of RP until July 2015) focused on the Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District, Dong Thap Province sub-project. 9. Scope of land acquisition: The Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District, Dong Thap Province subproject impacts on a total area of 128,050.7 m 2 of lands in Thuong Phuc 2 and Thuong Thoi Tien Communes. The affected lands are presented in the Table 1 below. No. Affected Lands Table 1: Affected Lands by Communes Total Area of each (m 2 ) In which Thuong Phuoc 2 Commune Thuong Thoi Tien Commune 1 Residential land 2, , Perennial tree land 18, , , Annual crop Land 3, , Paddy Land 28, , Ponds 14, , , Other lands (public land, unused land ) 59, , ,528.7 Grand Total 128, Most of the affected lands of the households are paddy land (28,762.3 m 2 ), perennial tree land (18,471.5 m 2 ) and pond area (14,563.1 m 2 ). There are 130 households (533 family members) who are affected by the subproject, of which 101 households who have land and assets upon land (structures, crops and trees) affected; and 29 households who just have the structures affected but not land. Among the affected households: Severely affected households (many affected households have more than one impact) households (402 persons) who lose from more than 10% of the total production land holding of the household. 4 P a g e

7 + 34 households (139 persons) who are displaced households, of which 31 households (127 persons) will relocate to the relocation site; and three households will move to their own houses as they have other houses in the village to move to affected households who are vulnerable households, including: + Poor household : 01 household + Households headed by women : 26 households + Households headed by elderly persons : 14 households + Households headed by disable person : 01 household + Landless households : 15 households + + Ghi chú: Đoạn bắt đầu của đường mũi tên đứt đoạn chỉ vị trí của TDA Figure 1: Location of land acquisition of the sub-project 11. A Resettlement Plan for this subproject was prepared and concurred by Dong Thap PPC, CPO on behalf of MARD, and ADB in As envisaged in the approved resettlement documents, the Resettlement Plan must be updated following the detailed designs and conducting of the DMS; and land recovery, compensation, assistance and resettlement may commence only after the updated resettlement plan has been concurred by the PPC, MARD and ADB. However, compensation, assistances and resettlement have been commenced by local authorities without the resettlement plan updated. 12. The Resettlement Due Diligence Report (RDDR) for Thuong Thoi Tien sub-project was prepared in August 2013 to: (i) assess the compliance of land acquisition, compensation, assistances and resettlement with the provisions of national laws and regulations; (ii) assess the extent to which the requirements of RF/RP have been satisfied by the subproject; and (iii) identify any significant discrepancies that exist between the observed outcomes of the land acquisition, compensation, assistances and resettlement implementation and the objectives of ADB Safeguard Policy Statement (SPS, 2009); and prepare a corrective action plan that will be implemented for non-compliance issues 5 P a g e

8 III. SCOPE OF WORK 3.1. Target of the Assignment 13. Target of independentmonitoring for resettlement is to assess compliance with the rules, regulations and requirements mentioned in the RP and DDR. Specifically: - Identify and evaluate whether the payment of compensation, provision of support and resettlement for affected people as well as the process of community consultation and information disclosure and grievance redress procedure of projects have been carried out in accordance with principles, requirements and procedures in the RPs; - Evaluate to what extent the objectives of the updated resettlement plan have been achieved, specifically the objective of improving or at least restoring the lives of the affected people; - Evaluate existing problems in the process of updated resettlement plan implementation andpropose solutions to discuss with the implementation agencies of the project Scope of work 14. Independent Resettlement Monitoring (#1Semestral Report) aimed at evaluating the progress of RP implementation from commencement of the Project till July 2015, focused on the sub-project in Thuong Thoi Tien Town where compensation, assistances and resettlement have been commenced by local authorities prior to updating of the resettlement plan. 15. Scope of Work for Independent Monitoring Organization (IMO) for resettlement is discussed in detail in the Terms of Reference (TOR) of the Contract. In order to carry out independent monitoring, IMO will carry out the following specific activities: - Periodic Monitoring: IMO will carry out periodic monitoring missions with frequency 2 times per year and dependent on progress ofthe updated RPs implementation, therefore, specific schedule of periodic monitorings may be due to the CPO/ CPMU mobilization. - Evaluate after resettlement: Six months (06) after the completion of implementation of the RPs of the entire project, IMO will perform an evaluation to assess results of resettlement implementation and the impact of resettlement to the affected households by the sub-projects. - Join the ADB s monitoring group with CPMU, upon request. 16. According to the TOR, IMO will monitor the compliance in process of the updated RPs implementation, focusing on the following main indicators: Table 2: Indicators for Monitoring IndicatorsIssues Monitoring implementation DMS Monitoring of Information Required in Monitoring and Evaluation indicators All affected land and properties must be measured accurately; the results of the DMS have been disclosed. Complaints or questions of the affected households based on the results of the DMS shall be resolved promptly and satisfactorily. Compensation for affected land; if compensation for loss 6 P a g e

9 compensation payments and cash assistance Monitoring implementation of disclosure information and public consultation Monitoring resettlementrelocation implementation of affected households Monitoring income restores and living rehabilitation Monitoring and evaluating satisfaction level of PAHsAHs Monitoring grievance redress procedure of affected households of land for equivalent land (land for land), such as equal surface, location, productive capacity, living conditions or not; if cash compensation for loss of land, compensation is equivalent to replacement cost at time of payment or not; Compensation for all affected structures has been provided at 100% replacement cost for materials and labour based on the criteria and characteristics of affected structures, not excluding depreciation and salvage old materials; Compensation for affected trees/crops has been paid according to the full market price of affected trees/crops or not. Assistances as mentioned in the RPs have been paid fully for the affected households or not; paid once or several times. Have the project documents been provided to relevant communities (RPF, RP, project leaflets, and other relevant documents). Has information been disclosed in a public places (results of DMS, compensation prices, payments...). The affected households have been consulted fully about land acquisition, compensation policies, relocation, living rehabilitation and grievance redress procedure or not. How were these concerns, suggestions of affected households resolved in the process of resettlement implementation? Consider living condition, income in resettlement areas such as infrastructure (road, electricity, supply water/drainage...), and their livelihoods. Resettlement planing and implementation: residential consultant about resettlement actives resettlement plan, participate in building the relocation plan, announcement relocation plan and supports for displaced households. Rehabilitation of living and production after resettlement: How have the project affected households been rehabilitated their living and production? Supports for income restores have been provided adequate or not; Effectiveness of the supports (training, credit support...). Problems that PAHs are facing in process of their income restores and living rehabilitation. Satisfaction level about DMS; Satisfaction level about information diclosure, public consultation; Satisfaction level about compensation payments, support; Satisfaction level about income restores and living rehabilitation activities; Satisfaction level about resettlement sites Efficiency level of grievance redress procedure (solving time and efficiency...); Results of resolution of complaints at different levels; Satisfaction level about grievance redresses procedure. 7 P a g e

10 Coordination between activities of resettlement and construction process Issues of gender and ethnic minorities The construction works are just started: Land acquisition and resettlement activities (compensation, support and moving) for the work items have been completed; All issues that related to project area have to be solved. Income restoration program has been established. The turn number of participation of women in land acquisition and resettlement activities; impact of land acquisition and resettlement for womens livelihood; issues of income restoration for women. Refer opinion and announce to households of ethnic minorities and community affected; the measures have been carried out to avoid, minimize negative impacts for land acquisition of community of local ethnic minorities; complain about negative impacts and the issues of income restoration for the affected ethnic households For Thuong Thoi Tien subproject, The RDDR (August 2013) outlined the indicators for monitoring of action plan implementation (please refer to the appendix 5). 17. The monitoring indicators were specified by questions in a questionnaire and/or guideline on in-depth interview and group discussion. 8 P a g e

11 IV. APPROACH TO AND METHODS OF MONITORING IMPLEMENTATION 4.1. Approach 18. Participatory approach waswas applied for monitoring and evaluation. Following, the affected people are participated in monitoring process such as indepth interviews, group discussions, visiting the site of affected area with monitoring specialists. Representatives of CPO, CPMU and the district compensation councils, the affected commune People Committee will also participate in monitoring process by the interviews and group discussions with monitoring specialists Methods for monitoring 19. The First Periodic Report on Independent Monitoring for Resettlement was implemented as following methods: 20. Desk review - IMO hascollected documents that related to compensation and resettlement of the Project in general and the Thuong Thoi Tien sub-project in particular for review, analysis and assessment, including (i) RF, RP, RDDR and AMs provided by CPO; (2) reports, RP implementation documents of Dong Thap PPMU; (iii) documents provided by Hong Ngu DCARB, Hong Ngu DCLFD (decisions, compensation, DMS, ); (iv) concerned legal document of land acquisition of Vietnam and Dong Thap PPC. - IMO research directly project documents and some other documents that are collected on the field at the office (through form of hard copies and soft copies). The purpose of this researchs are: (1) to study the process, regulations that were proposed and approved from the project documentation, (2) to study the plans of compensation and clearance for components of the Thuong Thoi Tien sub-project; (3) to review field reports and internal monitoring reports, (4) to study the actual processes that have been and will be carried out at sub-project area. 21. Qualitative methods. IMO used the qualitative methods in the implementation process of independent monitoring for resettlement, including: - In-depth interviews - Group discussion 22. Quantitative methods. Beside the qualitative methods that mentioned above, the quantitative methods is also used forfor monitoring: - Household Suvey using questionnaire with 100% of total the seriously affected households and 20% of total the slightly affected households(but it isn t less than 15 households per commune). - Use available statistics at communes and statistics of the district compensation council. 23. Site observation/investigation.. Visit resettlement areas and construction site of the subprojects to check whether infrastructures of these resettlement areas have been completed or not and to determine potential impacts for local people in the construction phase. 24. Data processing methods. Collected quantitative and qualitative data and informantions from the field-work were analyzed on the dedicated software such as SPSS (quantitative) and NVIVO (qualitative). These parameters will be submitted on monitoring report. 9 P a g e

12 25. Writing report. Analyzed data and information has been synthesized and stored in a resettlement database. They will be used as a baseline for the periodic reports meeting requirements in the TOR Implementation organization 26. In accordance with the Correspondence dated 02 August 2014 on mobilization of monitoring specialists by the CPO, IMO sent Monitoring Team, including 4 specialists (1 team leader, 1 resettlement specialist, 1 community development specialist and 1 gender/ ethnic minority specialist) and 2 support officers, to implement monitoring tasks. Preparation for this monitoring mission was made right upon receipt of the PMU s mobilization letter. At IMO office, the specialist of the monitoring team prepared monitoring tools, including a questionnaire and/or guideline on in-depth interview and group discussion, reviewed the RP and documents relating to the project compensation. Site monitoring implemented on July According to the RP, the entire subproject has 127 severely affected households out of 130 AHs. With such information, IMO worked with the CPCs and leaders of villages/hamlets to invite 127 severely AHs and 3 marginally AHs to participate in group discussions and individual interview. IM0 monitoring specialists organized 2 group discussions with APs in 2 villages with a total number of 128 participants; interviews with four people s committee leaders of two affected communes and with some heads of the villages to collect necessary information. Moreover, the monitoring team checked at sites reallocation of the displaced households, visited and discussed with [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] household (who had complaint related m 2 of mudflats which are not compensated) to understand the requirements and expectation of his family. 28. After completing site monitoring, the monitoring team, with assistance of the office team, quickly consolidated site monitoring results and organized a meeting with the Dong Thap PPMU and Hong Ngu DCCS to discuss on comments and ideas raised by the affected people. At this meeting, the team leader presented complaints and comments of the affected people and outstanding issues to be settled (see more details in the Section Outstanding issues ). V. MONITORING RESULTS 5.1. Indoor works 29. The Dong Thap PPMU cooperates with the Hong Ngu DCCS implementing resettlement for Embankment erosion control in Thuong Thoi Tien Town, Hong Ngu District, Dong Thap Province subproject. Generally, the resettlement procedures have been implemented as stipulated in Decree No. 84/2007/ND-CP (After July 1 st, 2014 Decree No. 43/2014/ND-CP) and the draft RP of sub-project. Data of detailed measurement surveys, inventory of affected households and compensation are stored at Hong Ngu DCCS, and at Dong Thap PPMU in forms of documents and computer data. Inventory minutes have sufficient signatures of the participants and heads of the households and each household has a copy of the minute. Payment under detail compensation plans approved by Hong Ngu PPC at the following decisions: 10 P a g e

13 - Decision No.5092/QD-UBND issued by Hong Ngu PPC onon September 27th, 2011 (figure2). Payment vouchers are prepared for each AH. The payment has been implemented and completed in Decision No.1423/QD-UBND dated April 16th, 2014 on assistance for the households who lost from 10% to less than 30% of total production land and assistance for vulnerable households. Payment of the assistence has been implemented and completed in Decision No.5575/QD-UBND dated December 23rd, 2014 on assistance for 9 business affected households. Payment of the assistence has been implemented and completed in The Dong Thap PPMU has established a Department of compensation and resettlement to cooperate with Hong Ngu DCCS implementing compensation and land clearance activities for the sub-project. The Department of compensation and resettlement always has its staff at Dong Thap PPMU s office to receive and respond to the affected people s queries. By doing this, the Dong Thap PPMU has been active in compensation and land clearance, and resolves the AP s queries or complaints timely. [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] 11 P a g e

14 Figure 3a Figure 3b Figure 3c Figure 2: Decisions approving the detail compensation plan of the subproject 12 P a g e

15 5.2. Results of site monitoring Information disclosure and public consultation and participation 31. Information related to land acquisition, compensation, assistances and resettlement was provided sufficiently to the affected households and communities by effective manners such as publicly posted at the commune, project leaflets sent to AHs, public meetings to provide information regarding: - The project documents (RFRF, RP, project leaflets, and other relevant documents) been provided to relevant communities;); - Information (results of DMS, compensation prices, payments...) been disclosed in a public places; - Theconsultation with the affected households have been consulted fully about land acquisition, compensation policies, relocation, livinglivelihood rehabilitation and grievance redress procedure. 32. Meaningful consultations were conducted and the opinions, suggestions and concerns of the affected households and communities were addressed in the process of land acquisition, compensation, assistances and resettlement. Local people actively participated in the related activities. The numbers of participants of the consultative meetings are presented in the Table 3 below. Averagely, 42.6% of total meeting participants were females. Consultative Meetings 1 Announcement of Approved Land Use Plan for the Subproject 2 Discussion of Plan to Carry out DMS 3 Disclosure and Respond to the Results of DMS and Pricing 4 Discussion on the location and the area of plots in relocation site 5 public consultation meeting on training needs (December, 2014) Table 3: Numbers of Meeting Participants Venues of Meetings Thuong Phuoc 2 Commune Thuong Thoi Tien Commune Thuong Phuoc 2 Commune Thuong Thoi Tien Commune Thuong Phuoc 2 Commune Thuong Thoi Tien Commune Numbers of Meeting Participants Females Males Relocation site Thuong Phuoc 2 Commune Additionally, public consultation meetings on training needs were also conducted by Dong Thap PPMU, Hong Ngu DCCS authorities coordination with Thuong Phuoc 2 to implement in December, 2014 (see Appendix 3). 34. Results of household survey show that: 13 P a g e

16 - 100% respondents said they attended public meetings at CPC s meeting room. Project information, policies, options and entitlements for compensation, assistance and resettlement were provided to AHs during these meetings % respondents said they attended, checked and signed the DMS paper prepared by Task Force of Hong Ngu DCCS. 35. Results obtained from focus group discussion and interviews with officers indicated the cooperation between stakeholders to carry out consultation, campaigning and information disclosure. The conducted information disclosure and consultation have been implemented in accordance with requirements mentioned in RP, Vietnam Regulation and also conformity to the requirements of approved resettlement documents and the SPS, Detailed Measurement Survey (DMS) of affected assets 36. Detailed Measurement Survey (DMS) of affected assets implemented in March, Independent monitoring results consistent with the results recorded in the RDDR (August, 2013) of DMS, namely: DMS of affected assets of households has been completed. The affected households were provided DMS self-enumeration form to fill-up. The form was completed by the households presenting all the affected lands and assets of the household and with signatures of husband and wife. The DMS team of the DCCS conducted the detailed measurements after that to verify the impacts for the households with participations of the heads of the households, village leaders, representatives of CPC, mass organizations and Dong Thap PPMU. The agreed DMS records were with signatures of the affected households (husband and wife), the persons who carried out the DMS and the observers. [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] 37. The result of the DMS was disclosed in the public places (offices of the commune headquarters, village leader s houses and village cultural houses) in May, 2011 and a copy of DMS minute was provided to the affected householdsa. A public meeting was held to respondquestions and complaints of the affected households on the DMS results. 38. Result of tthe affected household surveyshowed that most (99%) of affected households satisfied with the DMS for both land and the non-land assets. There was just one household ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] head household) disagreed with the results of DMS (details in section of this report). 39. The implementation of DMSof the subproject was compliant with the provisions of national laws and regulations. The process of carrying out DMS was also conformity to requirements of the approved draft resettlement documents and requirements of the ADB SPS, P a g e

17 5.2.3 Compensation plans 40. The detailed compensation plans were developed based on the legal documents of the Government of Vietnam and the decisions of Dong Thap province on compensation, assistance and resettlement for the sub-project, including: - Decree 69/2009/ND-CP, dated 13 August 2009 of the Government on Supplementary Regulations on Land Use Planning, Land Price, Land Recovery, Compensation, Assistances and Resettlement. - Circular No.14/2009/TT-BTNMT, dated 1 October 2009 of the DONRE on Detailed Regulations on Compensation, Assistances, Resettlement and the Procedures of Land Recovery, Land Allocation and Land Lease. - Decision No. 08/2008/QD-UBND, dated 04 March 2008 of Dong Thap PPC on Regulations on Compensation Prices for Crops, Trees and Movement Costs for Graves when the State Recovers Land in the Areas of Dong Thap Province. - Decision No. 29/2009/QD-UBND, dated 23 December 2009 of Dong Thap PPC on Regulations on Compensation, Assistances and Resettlement when the State Recovers Land in the Areas of Dong Thap Province. - Decision No. 39/2010/QD-UBND, dated 28 December 2010 of Dong Thap PPC on Regulations on Prices of Lands in the Areas of Dong Thap Province - Decision No. 15/2010/QD-UBND, dated 14 June 2010 of Dong Thap PPC on Regulations on Standard Prices for Houses as Newly Built Houses in the Areas of Dong Thap Province - Decision No. 09/2011/QD-UBND, dated 07 April 2011 of Dong Thap PPC on Supplementary Regulations on Standard Prices for Houses and Structures as Newly Built Houses and Structures in the Areas of Dong Thap Province. 41. Base on the documents mentioned above, Hong Ngu DCLFP has established detailed compensation plan and approved under Decision No. 5092/QD-UBND issued by Hong Ngu DPC on 09/27/2011, accordingly: - CompensationCompensation for Affected Residential Land: Payment of compensation for affected residential land in accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND had implemented and completed in The compensation rate paid for residential land (Thuong Phuoc 2, Area 3, and Position 2) was VND 130,000/m 2. This was the rate that regulated by Dong Thap PPC on the Decision No.39/2010/QD-UBND, dated 28 December 2010 on Prices of Lands in the Areas of Dong Thap Province. At the time of compensation payment (in 2011), this decision was effective. + According to the surveyed households, the compensation rate for the affected residential land was commensurate with the replacement cost. As the affected residential land is in the eroded area, the market rate is low. Households who are with partly residential land affected had purchased larger replacement land area than what was acquired by the subproject (households Vo Van Chung, Ha Thi Minh Nho, Truong van Xuong and other households in Village 3 of Thuong Phuoc 2 Commune, for example) - Compensation for Affected Production Land: Payment of compensation for affected production land in accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND had implemented and completed in P a g e

18 + The compensation rates paid for affected production lands (Thuong Phuoc 2 and Thuong Thoi Tien) were VND /m 2 for perennial tree land and VND /m 2 for paddy, annual crop and pond lands (Area 1, Position 1) according to the Decision No.39/2010/QD-UBND. + All surveyed affected households surveyed assessed that the compensation rate for affected production land commensurate to the replacement cost as the affected production land is in the eroded area and the value is not high. On top of compensation, the households received the allowance for job change and creation by cash by three times of the affected land value. As the result, almost all production land affected households had purchased larger replacement land for production than the acquired area by the subproject many of them is with double or triple area purchased than the acquired area (such as households [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] in Thuong Phuoc 2 and Thuong Thoi Tien Communes). - Compensation for Affected Houses and Structures: Payment of compensation for affected houses and structures in accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND had implemented and completed in Compensation for affected houses and structures applied the compensation rates regulated by Dong Thap PPC in the Decision No.15/2010/QĐ-UBND, on Regulations on standard prices for newly built houses and structures in the areas of Dong Thap Province, and in the Decision No. 09/2011/QĐ-UBND. + According to the assessment of the affected households, the rates were the replacement costs for the affected houses and structures at the time of compensation. The compensation rates were equal to 100% of the value of the affected houses and structures in conformity with the unit prices of a newly built house or structure; and depreciation/value of salvageable materials was not deducted from the compensation amount. + All the surveyed households satisfied with compensation unit rates for affected houses and structures. There is no complaint of the households on the applied compensation unit rates. - Compensation for Affected Crops and Trees: Payment of compensation for affected crops and tree in accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND had implemented and completed in Compensation for affected crops and tree applied the issued rates in the Decision No. 08/2008/QĐ-UBND. + All the surveyed and consulted households confirmed that the compensation rates made for affected annual crops/trees were equal to the values of the productivities of the crops/trees in that harvesting year; for affected perennial trees, compensation unit rates were equal to the values of the trees in the market at time of compensation. Affected households are satisfied with the applied compensation rates and there is no complaint on the rates. 42. The subproject had added 2 detail compensation plans approved by DPC Hong Ngu, 16 P a g e

19 including: (i) the second detail compensation plan approved in Decision 1423/QD-UBND dated 16/04/2014; and (ii) the third detail compensation plan approved in Decision No. 5575/QD-UBND dated 12/23/2014 with the specific additional assistance follows: - Assistance for business affected households who are without business license: 8.0 millions/ a household; - Assistance is provided for the households who lost from 10% to 29.9% of total production land: + 03 months for the households who are not relocated months for the households who have to relocate + 09 months for the households who have to relocate and the households are vulnerable households. - Assistance for vulnerable households Compensation payment 43. Procedures of payment - The order of execution. Payment of compensation and assistances for the subproject was implemented with the following 3 steps: + Step 1: Notify the eligible AHs about time and place to pay compensation and assistance. When receiving cash, AH had to present ID card (or permanent residency) and LURC to adjust or withdraw. In case of head of household absented/could not go to receive cash compensation, receiver who went instead of him/her must have a letter of authorization. + Step 2: Payment for eligible AHs. Receiver must sign and write her/his full name on payment invoiceofinvoice of Hong Ngu DCCS. If one was illiterate, one had to sign by pressing one s finger-print on payment invoice. + Step 3: Hong Ngu DCCS sum up the entire payment invoices to make procedures of finalzation with the investor as prescribed. - Implement administration unit: Hong Ngu DCCS. - Ingredients of profile: approved compensation plans; List of AHs received cash compensations and assistances; payment invoices. 44. The compliance with national and ADB regulations - Payment of compensation and allowances before commencing civil works construction; - Compensation for loss of land (by cash) is equivalent to replacement cost at time of payment. - Compensation for all affected structures has been provided at 100% replacement cost for materials and labour based on the criteria and characteristics of affected structures, not excluding depreciation and salvage old materials - Compensation for affected trees/crops has been paid according to the full market price of affected trees/crops. 17 P a g e

20 - Assistances as mentioned in the updated RP have been paid fully for the affected households; paid 3 times according to three approved compensation plans. 45. The monitoring results show that all affected households have been informed of the date, time and place of payment. Payment was implemented quickly with simple procedures and favorable to AHs. Compensation for land, affected houses/structures, crops/trees, and affected assets by the subproject was compliant with the provisions of national laws and regulations, conformity to requirements of the approved resettlement documents and the SPS, Restoration of the affected people s lives and livelihood 46. In addition to compensation for land and affected assets on the land, Dong Thap PPMU and Hong Ngu DCCS also apply many other assistances for affected households to soon stabilize their lives and restore their incomes, these assistances are presented in table 4 below. 18 P a g e

21 Table 4: Assistances for AHs No. Assistance Subject for assistance Assistance level (VND) Implementation 1 Assistance for jobchange Households and individuals Cash support equal to 3 times the Paid in 2011, accordance and job directly engaged in agricultural agricultural land price for the whole area of with the first detail creation in case of production are entitled to recovered agricultural land (the land area compensation plans recovery of support for job change or eligible for support must not exceed 3ha): approved in Decision agricultural land creation - Perennial tree land (Area 1, Position 1): đ/m 2 x 3 = đ/m 2 - Paddy, annual crop and pond land (Area No.5092/QD-UBND. 1, Position 1): đ/m 2 x 3 = đ/m 2 2 Assistance for life Those having over 10% of the The level of support for a household member Paid under the second and production agricultural land area under use will be calculated in cash equivalent to 30kg stabilization recovered are entitled to support of rice for a month at the average price at the phase, namely: for life and production time the support is provided in the locality stabilization Applied price: VND per a kg 96 HHs (402 APs) 3 Resettlement assistances Over 70% of the agricultural land area under use recovered 30-70% of the agricultural land area under use recovered 10-less than 3030% of the agricultural land area under use recovered For 24 months in case they are required to move out For 12 months in case they are not required to move out For 12 months in case they are required to move out For 06 months in case they are not required to move out For 06 months in case they are required to move out For 03 months in case they are not required to move out Phase 1 Paid in 2011 accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND. Phase 2 Paid in 2014 accordance with the first detail compensation plans approved in Decision 1423/QĐ-UBND 19 P a g e

22 a. Transportation assistance b. Assistance for rent house For Households and individuals who move to other residential areas 31 HHs For the households who not have to relocate to the relocation site, but just moved back or moved to the right/left to the affected area 03 HHs Assistance for rent house for the households who have to move to the relocation site. Assistance by cash by VND /household depending on the affected areas of the houses/structures was provided. - Area of house from 15m 2 or less, support: đ/HH - Area of house >15m 2 and <=30m 2, support: đ/HH - Area of house >30m 2 and <=45m 2, support: đ/HH - Area of house over 45m 2, support: đ/HH Transport assistance was by 50% of this for the households who have to move to the relocation site. Support đ/month x 6 months Paid in 2011, accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND. Paid in 2011, accordance with the first detail compensation plans approved in Decision No.5092/QD-UBND. 4 Assistance for vulnerable households a. Poor household 01 Poor household Support: đ/HH Paid in 2011, accordance with the first detail b. Other vulnerable households - 26 households headed by women The level of support for a household member will be calculated in cash equivalent to 30kg compensation plans approved in Decision No.5092/QD-UBND. Paid in 2014 accordance with the second detail 20 P a g e

23 5 Assistance for income-business disruptions for the affected business households - 14 households headed by elderly persons - 01 household headed by disable person - 15 Landless households of rice per month (Applied price: VND per a kg) for 3 months. compensation plans approved in Decision 1423/QĐ-UBND 9 Affected business households Support: đ/HH Paid in 2014 accordance with the third detail compensation plans approved in Decision 5575/QD-UBND. 21 P a g e

24 Project (ADB-GMS1) #1 PERIODIC [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] 47. Households, individuals whose agricultural land was acquired received allowance for for vocational training and job creation by cash. The amount equal 03 times of agricultural land price of the same kind in the local land price list for the whole acquired area but not exceeding the limit of local allocation. With this allowance, almost production land affected households (over 70% of surveyed households) had purchased larger replacement land for production than the acquired area. For other families, the area remaining agricultural land is still enough to produce, they continue to cultivate in the remaining land and acquired land of the sub-prọject (until a request to hand over for construction), they have not purchased replacement land - but they intend to purchase upon request hand over for construction. Those having 30% or more of the agricultural land area under using but to be recovered had received support for life and production stabilization by cash equivalent to 30kg of rice for a month (from 6 to 24 months). Unresolved assistances which mentioned in the RDDR (August 2013), including: (i) Assistance for 9 business affected households who are without business license: 8.0 millions/ a household; (ii) Assistance is provided for the households who lost from 10% to less than 3030% of total production land; and (iii) assistance for vulnerable households have been implemented and completed in Leaders of Thuong Phuoc 2 and Thuong Thoi Tien communes said that the affected people in general and severely affected people in particular are always interested to restore rapidly of their lives and livelihood through creating opportunities for them to participate in extension and loans programs to develop production. 48. In addition, Dong Thap PPMU with PIC consultants coordinated with Vocational centre of Hong Ngu district and related units to introduce and organize training courses on many ologies for affected people in working age. They were exempt from tuition fees and supported for meal in cash equal VND 15,000 per day. However, only 07 affected people registered because: (i) almost all severely affected households had purchased replacement land for production or remaining agricultural land area is still enough to produce; Or (ii) they are old people, or have a stable job, or working far away in Ho Chi Minh City, Binh Duong... List of affected people registered for vocational training courses is mentioned in Letter No. 16/CV-BQL dated 6 February [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] 49. The monitoring results show that all surveyed households said that their income was restored equal or even better than before land acquisition. For 13 AHs, who received enough cash compensation/assistance under the approved compensation plans, asking permission to continous to use acquired land during the sub-project has not implemented construction (they are committed to hand over immediately when requested to not affect progress of the sub-project ), their income even somewhat higher than previously due to the interest rate from money of compensation/assistance 22 P a g e

25 that they received.according to their assessment, after handing over and moving to other places, they also have ability to restore their income because they will purchase replacement land to continue previous works such as business, farming Some assistance (such as life and production stabilization for AHs loss 10-less than 30% of production land; income-business disruptions for the affected business households) did not paid at the same time of compensation payment, However, with the efforts of implementing agency and relevant stakeholders, the remaining assistances implemented timely to supply necessary things in transition period. The levels of assistances were made in compliance with the provisions of national laws and regulations, conformity to requirements of the approved draft resettlement documents and the ADB SPS, Land clearance and resettlement 51. According to the RDDR (August, 2013), 13 households handed over residential land; 88 households handed over agricultural land after received compensation. 52. Currently, 13/130 affected households have not handed over acquired land for the subproject because the sub-project has not been implemented, so Hong Ngu local government allowed these households to continue using these land until commencing construction. All of these households have signed commitment with Hong Ngu government that they will hand over acquired land when required. At time of the monitoring mission, these households were prepared to hand over their affected land to the project. [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] 53. Therefore, Hong Ngu DPC does not need to pay bonuses for on time handing over to these affected households as mentioned in the RDDR (August, 2013) and this issue has also beenconfirmed by ADB at the Aide Memoire in January, IMO recommend that Dong Thap PPMU/Hong Ngu DCLFP need to closely manage the clearance area to avoid reoccupying by local people while waiting for construction Arrangement for resettlement 54. Resettlement area located in the administrative center of Hong Ngu town and near the original place was developed to arrange resettlement not only for displaced households by this sub-project but also for AHs of various projects in the town. Under approved master plan, entire the district s administrative center in general and resettlement area for the sub-project in particular will be fully invested in infrastructure including leveling, construction of roads system, water supply and sewage system, electric lighting systems... Currently, resettlement area was constructed with basic infrastructure, including electricity (National grid), water supply and drainage system (provided by DOWASEN No. 4 - see Figure 8), and internal roads. After finished, the entire resettlement area with synchronous infrastructure will be create better living conditions, safety, sanitation and the environment than those of the previous area. 23 P a g e

26 Figure 3: Water supply station in Hong Ngu district 55. Layout of resettlement in the administrative center of Hong Ngu town and list of displaced households with resettled land plots are presented in Figure 9 below. Accordingly, 32 displaced households of Hamlet 3 - Thuong Phuoc 2 were arranged in A2 Block, adjacent DT841 road. It is very favorable for continued business operations of the affected business households and also opening career opportunities for households intend to trade. The A2 Block remains in Village 3, Thuong Phuoc 2 thereby minimizing the disturbance of life, due to the convenience of living of the displaced households. Similarly, 01 displaced household in Thoi Thuong Tien commune also be arranged for resettlement in a plot of A7 Block. The area of each plot background is 74.25m 2. Attime of the IMO supervision: all of the displaced households (33HHs) have been granted LURCs some houses of displaced families by the sub-project have been built, of which 01 household has completed and moved into a new house to live (see Figure 10). [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] 24 P a g e

27 Figure 4: DP s house built on resettlement plot 56. Price of resettlement plot: As mentioned in Section , payment of compensation for land and affected assets was performed in However, until on 16 September 2014, price of land plot had just approved by Hong Ngu DPC in Document No. 996/UBND-HC. Accordingly, a standard resettlement plot with area of m 2 has priced at VND million (unit price: VND 475,000/m 2 ; k = 2). This price is too high (7.3 times higher compared to the compensation rate for the affected residential land and 2.1 times higher than the proposed price in VND million). 57. Through discussions with representatives of Dong Thap PPMU, Hong Ngu DCLFP, Thoi Thuong Tien CPC, Thuong Phuoc 2 PPC and APs known that: DPs who move to residential land for resettlementis being applied deferred methods under Decision 105/2002/QD-TTg on the regime for households affected by flooding on installment of floors and houses made by population groups of the Mekong delta (hereinafter referred to as Policy 105 ), in particular: - They can buy resettlement plot following deferred payment for altogether amount; - Deferred payment period up to 10 years, grace period of 5 years at an interest rate of 0%; and - Administrative cost, service fees and paper cost are exempted when providing LURCs. - Area of land plot (74.25 m 2 ) in the resettlement area is acceptable and suitable for most of DPs. 58. As mention above, the price of land plots for resettlement of the sub-project is too high (7.3 times higher compared to the compensation rate for the affected residential land). Relocated HHs have to buy with high price because until 2014 Hong Ngu DPC has sufficient basis to calculate price of land plot for resettlement. This led todps to carry a sizeable debt when they choose the form of purchasing a plot in resettlement site, for example: If a household is acquired residential land with area equal area of plot in the resettlement site, they will receive about VND 15,000,000 for compensation and assistance (74.25x130,000=9,652,500 and assistance approximately VND 5,000,000), so, the household will have to carry debt of about VND 55,000,000 with deferred 25 P a g e