RP530 MEKONG TRANSPORT/FLOOD PROTECTION PROJECT THE GANH HAO BRIDGE. Resettlement Action Plan (RAP)

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Socialist Republic of Vietnam World Bank RP530 MEKONG TRANSPORT/FLOOD PROTECTION PROJECT THE GANH HAO BRIDGE Resettlement Action Plan (RAP) ASIA PACIFIC ENGINEER CONSULTANTS (APECO) February 2007

2 RESETTLEMENT ACTION PLAN (RAP) Ganh Hao II Bridge TABLE OF CONTENTS LIST OF ACRONYMS...3 DEFINITION OF TERMS Introduction Scope of Land Acquisition and Resettlement Description of Ganh Hao II Bridge Land Acquisition Impacts Socio-economic information Sources of Information Demographic Features of DPs Education Land Tenure Income Sources and Incomes Living Conditions and Possessions of Assets Legal Framework and Entitlement Policy Vietnam s Laws, Decrees, and Circulars World Bank Policies Government, World Bank, and MTFPP Compensation Policy Objectives of Resettlement Displaced People (DP) Principles of Resettlement Compensation Policy for Loss of Agricultural Land Compensation Policy for Residential Land Compensation Policy for Loss of Houses/Structures Compensation for loss of Standing Crops and Trees Compensation Policy for Loss of Income and/or Business/Productive Assets Temporary Impact During Construction Compensation for Loss of Community Assets Social Assistance and Incentive Bonus Relocation Issue Institutional Arrangements Central level (MOT) Project Management Unit 1 (PMU1) Local level Provincial People s Committee (PPC) District s People Committees Ward s/commune s People Committees Agency Responsible for External Monitoring Public Participation, Consultation, and Grievance Mechanisms Objectives of Public Information and Consultation Consultation During Subprojects preparation Consultation Proposed During Implementation Grievance Redress Procedure Implementation Schedule...39

3 10 Cost and Budget Financing Flow of Fund Compensation Prices Total Resettlement Cost Monitoring and Evaluation Monitoring Internal Monitoring External Monitoring Methodology for Independent Monitoring Evaluation...49 ANNEX A: ENTITLEMENT MATRIX...50 ANNEX B: RESETTLEMENT AND LAND ACQUISITION IMPACTS IN DETAIL...56 Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-2

4 LIST OF ACRONYMS DMS DP DPC DRC EMA EMDP GOV GSO ha HH HHH IDA IMO IWW IOL IPDP MOF MOT MPI MTFPP OD OP PAP PDOT PIB Detailed Measurement Survey Displaced Person (or Project Affected Person, PAP) District s People's Committee District Resettlement Committee External Monitoring Agency (or Independent Monitoring Organization, IMO) Ethnic Minority Development Plan (or Indigenous Peoples Development Plan, IPDP) Government of Vietnam General Statistics Office Hectare Household Household Head International Development Association Independent Monitoring Organization (or External Monitoring Agency, EMA) Inland Waterway Inventory of Losses Indigenous Peoples Development Plan ( or Ethnic Minority Development Plan, EMDP) Ministry of Finance Ministry of Planning and Investment Mekong Transport/Flood Projection Project Operational Directives Operational Policy Project Affected Person (or Displaced Person, DP) Provincial Department of Transport Public Information Booklet PMU1 Project Management Unit 1 PPC PPMU PRC PSU Provincial People s Committee Provincial Project Management Unit Provincial Resettlement Committee Project Steering Unit Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-3

5 RAP RC ROW HHH RP RPF RS SBV USD WB W/CPC VND Resettlement Action Plan (or Resettlement Plan, RP) Resettlement Committees Right of Way Household Head Resettlement Plan (or Resettlement Action Plan, RAP) Resettlement Policy Framework Resettlement Site State Bank of Vietnam United States Dollar World Bank Ward/Commune People s Committee Vietnamese Dong Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-4

6 DEFINITION OF TERMS Cut-of-date The date of starting of inventory of losses during preparation of the RAP. Displaced Persons and local communities will be informed of the cut-off date for each Project component, and that anyone moving into the Project Area after that date will not be entitled to compensation and assistance under the Project. Eligibility Replacement cost Resettlement Any person who at the cut-of-date was located within the area affected by the project, its sub-components, or other subproject parts thereof, and would: (i) have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); or (ii) not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan; (iii) not have legal nor recognizable by laws rights to the land they are occupying, they live or/and have properties/assets within the project areas before the cut-off date. Persons covered under (i) and (ii) are provided compensation for the land they lose and other assistance at full replacement cost. Persons covered under (iii) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set in this PF, if they occupy the project area prior to a cut-off date. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Is the term used to determine the amount sufficient to replace lost assets and cover transaction costs. For loses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and supplies; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. When domestic laws do not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standards. Is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-5

7 1 Introduction Ca Mau is the southernmost province of the 64 provinces in Vietnam. Ca Mau province has the natural area of 5,208.8 square kilometers equivalent to 13.1% of total area of the Mekong Delta region of Vietnam or 1.57% the country area. It has a population of 1,119 thousands (in 2000). The province adjoins Kien Giang and Bac Lieu provinces on the North, the East Sea on the South and the Gulf of Thailand on the West. Ca Mau province is administratively divided into 8 districts and Ca Mau city which is 350 km far from Ho Chi Minh City and 180 km from Can Tho city to the south. From Ca Mau city the NH1 continues its course to Nam Can district where Nam Can sea port is being constructed at the end of NH1. Ca Mau is relatively thinly populated. In 2002, the population of the province was thousand. Urban population was thousand and rural population was thousand. Population of labor ages is 500 thousand accounting for 44.6% of total population. In general, a majority of labor force is unskilled with only 5.8% of the labor force have been trained. The climate in Ca Mau is tropical monsoon and affected by the equator climate. Therefore, the average temperature for the year is high and stable at 26.5 o C. There are two seasons in Ca Mau: the rainy season (June to November) and the dry season (from December to May). The terrain is flat and low approximately 0.5m to 0.7m above sea level Southernmost Ca Mau province with its seafood, large crude oil reserves and mangrove and cajuput forests has the potential to attract domestic and foreign investment. With a coastline of 254 km and almost 250,000 ha of water surface for shrimp farming, Ca Mau is one of four key fishing grounds in Viet Nam. The province has injected money into developing the seafood processing industry along with zoning off material areas in order to fully tap its potential. Aside from developing services and infrastructure for fishing and crude oil exploitation, Ca Mau has developed fleets of deep-sea fishing vessels, gradually replacing coastal fishing ships. The province has also built advanced seafood processing factories to diversify products for export suitable to market demands. Annual seafood output increased percent in 2002 helped by a rise in the output of shrimps to 75,000 tones and the output of processed seafood to 55,000 tones, meeting international standards and entering into foreign markets. Ca Mau registered export turnovers of $252 million USD in 2001, $304 million USD in 2002 and $350 million USD in 2003 of which processed seafood will contribute $341 million USD. The sea-born economy has contributed to the province's socio-economic development, with gross domestic product (GDP) growth rates of 10.8 percent in 2001 and 11.3 percent in The province also has a large oil and gas reserve, attracting long-term investment. In 2002, construction of the Ca Mau gas-electricity-fertilizer industrial zone started with an investment capital of $1.7 billion USD. In the last 7 years, in pursuant to the approval master plan, the Local authorities cooperated with their related agencies in establishing the detailed plan of 26 projects, with total area of 1, ha, including: Industrial zone Industrial Center, Trade Center, residential quarters, new urban area There were 13 approved projects, with total area of ha. In Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-6

8 2005, Province of People Committee approved 06 master plan scaled 1/500 for the city... Compared with the period before 1999, the planning result of the last 7 years is significant to decide the rapid development of the city in the next time, and to strive to be City Class II in Ganh Hao Bridge Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-7

9 The city economy has grown rapidly, achieved average annual growth (the period ) of percent. In 2005, GDP increased 2.65 times compared with the year Per capita GDP in 2005 (at constant 1994 prices) amounted to 13.2 millions dong (approximately US$880), increasing 14.98% annually. Total industrial output value has amounted billions dong for last 7 years, increasing 23.49% on annual average. Now, there are establishments in the city, increasing 279 establishments compared with the year 1998, the annual average growth speed is 3.05%. The commercial service value has amounted to billions dong for last 7 years, increasing 17.53% on annual average. Compared with the year 1998, now there are establishments, increasing establishments, the annual average growth speed is 7.62%. The kinds of transport, financial, bank, postal services are expanded, with the attendance of the economic components to sever better the production requirements and life of the people. Output value of agriculture fishery has amounted to billions dong for last 7 years, increasing 6.80% on annual average. Many effective production models at suburban communes have been reproduced, contributing positively to the poverty alleviation movement, raising the living standards of the rural people. For last 7 years, gross output of paddy has amounted to tons, output of shrimp has amounted to tons, increasing 49.58% on annual average. The Government of Viet Nam applied for additional financing from the International Development Association (IDA) towards the cost of the Mekong Transport and Flood Protection Project (MTFPP) and which included the components for the National Highway No.1 Rehabilitation Project - Phase 3 and Improvement of the Mekong Transport Network (IMTN). The Highway No.1 Project Management Unit (PMU1) has been established for Project preparation and implementation for this project and other similar Projects for the improvement of National Highway No.1 (NH-1) and Mekong Transport Network financed by multilateral and bilateral agencies. The feasibility study for this Project has been carried out in 1998 under the Third Highway Rehabilitation Project (HRP2) by the consultants APECO, who also conducted the detailed design of the roads of the Improvement of the Mekong Transport Network in November At present, National Highway No.1 Rehabilitation Project - Phase 3 is being carried out and it is estimated to complete at the end of On NH1, there are now only 7 bridges from Ca Mau to Nam Can have not been constructed. Of which, 6 bridges had been added and to be implemented in 2007 under the MTFP project. The other big bridge, Dam Cung Bridge is under the feasibility study and will be funded by other fund. Thus, the rehabilitation of NH1, Ca Mau Nam Can section and construction of the bridges on the section will improve the transport in the area. However, total route is still obstructed at the location of Ganh Hao Bridge. Ganh Hao Bridge (station km km ) is located on NH1 in Ca Mau city with the carriageway of 9m in width and was built in 1980s. It links 05 districts of Ca Mau province to other provinces on National Highway No. 1. This is a unique bridge which is servicing traffic on NH1 and urban traffic of Ca Mau City. The scale of bridge is much less than not only the improved road but also transport need of the region. Therefore, it is hardly to meet the traffic flow at peak hours and in the future. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-8

10 Therefore, The (MoT) of the Government of Viet Nam proposed to apply additional financial assistance in the form of a Supplemental Credit from the IDA i.e. under the Improvement of the Mekong Transport Network component for the Construction of a New Bridge (Ganh Hao II Bridge), adjacent to the existing two-lane bridge. 2 Scope of Land Acquisition and Resettlement 2.1 Description of the Ganh Hao Bridge The roadway transport network in Ca Mau province is km total length, with the average formation of 4m; including 100 Km of macadam penetration road and 291km asphalt road. The National highway No.1 along Ca Mau province is most important highway, with the length of approx. 70 km from the East Gateway of Ca Mau City to Nam Can district, from here there are a lot of inter-district road and connection road to districts, communes, towns in province. The National Highway No.63 from Ca Mau to Kien Giang is being improved and is an important road in the North of Ca Mau province The ratio of road length to area is 0.04km/km 2 which are the lowest in Vietnam. While the national highways are being rehabilitated and paved, most of local road is unpaved and impassable in the rainy season. The principal mode of transport in Ca Mau is via waterways. The inland waterways including canals and rivers that are used for transport are 540 km in length. The waterways carry 69.8% of goods and 50% of passengers. The waterway is a cheap mode of transport but despite its advantage in general goods transport, its disadvantages in transport of passenger and some special commodities are apparent as the boats carrying such loads are normally very speedy and thus very dangerous. The waves generated from such speed boats cause serious erosion to river banks and once an accident occurs, there will be a big loss of people and much damage to the environment from its oil spills. It can be expected that when the rehabilitation of the NH1 from Can Tho to Nam Can is completed, the transport road networks of the region will be enormously improved especially to the poor Nam Can, Ngoc Hien, Tran Van Thoi, Dam Doi and Cai Nuoc district 2.2 Brief description of the existing Ganh Hao Bridge The existing Ganh Hao bridge was constructed, completed and open to traffic on November 1992, i.e. 14 years old. Ganh Hao Bridge was designed with specification as follows: - Bridge width: Carrigeway 2 lanes width 9.0m and sidewalk 2x1.5m - Material: Prestressed Concrete, Reinforced Concrete - Load capacity limit: 30T - Span arrangement: 42m + 63m+ 42m - Length: 600 metres including the bridge approaches At the present, Ganh Hao bridge, approach roads are narrowed follow the existing width of bridge 12m this bridge is still a permanent two lane traffic two direction only. The North and the South road which approaches to the existing bridge has been widened to 4 lanes with total width of 24m as part of the rehabilitation works of National Highway No.1 Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-9

11 Rehabilitation Project from the financial assistance from IDA for Mekong Transport and Flooding Protection Project (MTFP) which is under construction and to be completed by the end of December 2007 The location of the New Bridge (Ganh Hao II) is in Ca Mau City on National Highway No.1 passing the Ganh Hao River and is adjacent to the existing Ganh Hao Bridge. The new bridge will be constructed with the specifications as follows: - Bridge width: Carriageway 2 lanes width 9.0m and sidewalk 2x1.5m - Bridge type: Pre-stressed Concrete and Reinforced Concrete - Load capacity limit: 30T - Span arrangement: compliant with exiting bridge and clearance navigation - Length: 600 meters including the bridge approached road - Approach roads: will be widened to 4 lanes (24m) with AC pavement Existing road of the North Ganh Hao Bridge (4 lanes) Existing appoach road of the Ganh Hao Bridge (2 lanes) Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-10

12 Ganh Hao Bridge Existing road of the South Ganh Hao Bridge (4 lanes) 2.2 Land Acquisition Impacts 1. Because the average existing foundation width of the Ganh Hao Bridge is predominantly narrower than the proposed designs, the development of them anticipates a land acquisition and resettlement impacts for: Widening of the existing Bridge from two lane foundation to a four lane Development of collection road Establishment of roads Right of Way (ROW) safety areas, 1.5m on each side of roads Other temporary land acquisition during civil works. 2. During the subproject preparation, in close cooperation with respective PDOT, extensive consultations with local authorities were held by the consultant to discuss alternative options to minimize land acquisition and resettlement impacts. The mitigation measures taken include: Giving priority to selecting alignment to avoid relocation of people and to reduce impacts on cultural properties and ethnic communities where feasible; The method of realigning or widening the corridor toward one side to minimize relocation impact was widely used for road and bridge. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-11

13 3. Regardless of the mentioned measures, it is anticipated that the proposed road development will involve certain resettlement impacts. The land acquisition for rehabilitation and widening of the road has a linear character that mostly poses marginal impacts on local population and their communities. Based on the FS technical design, a Census and Inventory of Losses (IOL) for the Ganh Hao Bridge was conducted by the Asia Pacific Engineering Consultants (APECO) during the period of January 2007 to February According to the results of the Inventory, the project will: Permanently acquire about m2 of land, including: o m2 of residential land o 0 m2 of garden/perennial crops land o 0 m2 of annual crop land o 0 m2 of special use land Affect 83 households (HHs), of which: o 39 HHs will be severely affected due to having to relocate o 20 HHs loss of more than 20% of their productive land o 24 HHs having to rebuild their main house on the remaining land. Marginally impact 5 cultural and public properties; 4. Tables 1 below provide summarized data on the scope of land acquisition and resettlement impacts to the local population and public properties, caused by the Ganh Hao Construction Bridge.. Table1: Scope of permanent land acquisition of the New Ganh Hao Bridge District/Commune/Town Loss of residential land (m2) Perennial crop or garden att. land (m2) Annual crop land (m2) Special use land (m2) Total land loss (m2) 1 Award No7, Ca Mau City 1, , Award No8, Ca Mau City 2, , Subtotal 4, , Source: Result of Inventory of losses and socio-economic survey of affected people, conducted by the Asia Pacific Engineering Consultants (APECO) Studies during Januaryc. 07 February. 07. Table 2: Summarized scope of resettlement impacts on people caused by the New Ganh Hao Bridge Number of DPs Of which, by level of impacts: District/Commune/ Town Total (HHs/Colle ctive units) Of Collect. public units Wh.: Of wh.: Ethnic minority DPs (HHs) Relocated (HHs) Rebuild main house (HHs) Relocated /impacted business (HHs) Losing >20% HH s holding (HHs) Marginall y affected (HHs) 1 Award No7, Ca Mau City Award No8, Ca Mau City Total Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-12

14 Source: Result of Inventory of losses and socio-economic survey of affected people, conducted by the Asia Pacific Engineering Consultants (APECO) Studies during Januaryc. 07 February. 07. Table 3: Impacts on crops and trees caused by the the New Ganh Hao Bridge Of which: No of DPs Total having Area of District/Commune/Town number of Wood/for Bonsai/de crops/trees affected Fruit trees DPs (HHs) est trees corative affected annual crops (m2) (trees) (trees) (m2) 1 Award No7, Ca Mau City Award No8, Ca Mau City Subtotal Source: The same as above. 5. This Resettlement Action Plan (RAP) has been prepared to guide implementation of project compensation activities and provision of rehabilitation assistance measures to DPs impacted by the projects components. Policies for compensation, relocation, and rehabilitation have been established based on these surveys, applying Vietnam's existing laws and regulations and the World Bank Operational Directives/Policies (as relevant): Operational Policy (OP) 4.12 on Involuntary Resettlement, Operational Directive (OD) 4.20 on Indigenous People and OP4.11 on Cultural Property. So far, there is no detailed technical information available to identify the scope of temporary land acquisition. A full and accurate scale of land acquisition and resettlement impacts of the subproject will be identified through an updated detailed measurement survey (DMS) during the implementation stage, when the detailed engineering design are completed, providing required technical information, and land marks, clearly indicating the project area, are staked on the ground. Results of the DMS will serve are the basis for updating this resettlement plan and will be the final legal basis for compensation, resettlement and rehabilitation of the Phase I subprojects DPs. 6. Following approval by WB and the Government, the updated RP will be implemented by local resettlement committees (RCs) under the guidance of the respective provincial people s committees (PPCs) and PMU1 of the MOT. Careful coordination between all the agencies and departments will be necessary to successfully complete the different resettlement activities. The provisions and policies of this RP will form the legal basis for the implementation of resettlement activities for the New Ganh Hao Bridge Table 4: Summarized permanent impacts on houses and/or other structures by the Ganh Hao Bridge District/ commune Total number of DPs having house/structure affected (HHs) Of wh.: No of DPs having business/productive assets affected (HHs) Houses, of which: Total area affected (m2) Temporary with leaves roof Temporary with tole/fibrocement roof Semi-permanent house, 220-brick wall Permanent house Kitchen (m2) Animal sheds (m2) Eaves made of tole/fibrocement (m2) Courtyard made of brick/ or cemented(m2) Brick made fence (m2) Steel gate (m2) Graves (unit) Wells (unit) Cemented bridges (unit) Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-13

15 District/ commune Total number of DPs having house/structure affected (HHs) Of wh.: No of DPs having business/productive assets affected (HHs) Houses, of which: Total area affected (m2) Temporary with leaves roof Temporary with tole/fibrocement roof Semi-permanent house, 220-brick wall Permanent house Kitchen (m2) Animal sheds (m2) Eaves made of tole/fibrocement (m2) Courtyard made of brick/ or cemented(m2) Brick made fence (m2) Steel gate (m2) Graves (unit) Wells (unit) Cemented bridges (unit) Award No7, Ca Mau City , Award No8, Ca Mau City , Total , Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-14

16 3 Socioeconomic information 3.1 Sources of Information 7. Socioeconomic information of this RP has been taken from several sources: (i) results of IOL for 100% of affected households of the Ganh Hao Bridge, IMTN Project; (ii) results of socio-economic household survey of the DPs; (iii) results of formal and informal meetings and group discussions with local authorities and social groups in project impacted areas. The IOL, Census and Socio-Economic Surveys of DPs were conducted by the Institute of Environment and Sustainable Development Studies, while the consultation activities were held by the Consultant s Resettlement Specialist in cooperation with the local PPMUs and local authorities. All of these activities were carried out in the period of January to February There were specific interviews with groups of severely affected people and of ethnic minority groups to collect data on: (i) specific resettlement needs of relocating/severely affected and vulnerable groups of DPs; (ii) resettlement concerns and preferences of affected families; and (iii) measures to minimize negative impacts. 3.2 Demographic Features of DPs 8. Other demographic features of the DPs of the Phase I, including ethnicity, age composition of the affected HHs and characteristics of their HHHs, including education and occupation of DPs HHHs, are presented in the Tables from 5 to 15 below. (More detailed are given in Annex B) Table 5: Demographic characteristics of DPs of the GH2 Bridge subproject District/Commune/ Town Total numbe r of DPs respon Total ded (Pers.) (HHs) DPs population Aver. HH s size (pers /HH) Sex ratio of the DPs popul. Ethnic composition of the DPs (%) (%) Male (%) Fem. (%) Kinh (HHs) % of Kinh Khmer (HHs) % of Khmer Hoa (HHs) 1. Award No7, Ca Mau City Award No8, Ca Mau City TOTAL Source: The same as above Table 6: Demographic characteristics of DPs of the GH2 Bridge subproject District/Commune/ Town Total number of DPs (HHs) Distribution of the DPs (responded) by HHs size (% to the total DPs number) Total (HHs) 4 pers/hh 5 & < 8 pers./h H >8 pers./ HH DPs population under 18 years old Aver numb per HH (pers/ HH) % to the tot. DPs populati on (%) % of Hoa DPs working labors Aver. HH s labor (labor/ /HH) 1. Award No7, Ca Mau City Award No8, Ca Mau City % of working to total HH popl. TOTAL Source: The same as above Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-15

17 Table 7: Demographic structure of HHs surveyed population, GH2 Bridge District/Commune/ Town Total popul ation respo nded (pers) Sex ratio Male (%) Fem. (%) Age composition of the surveyed population (%) Aver. age of surveye d pop. (years) Pop. < 7 years old Pop. from 7 to 17 Pop from 18 to 35 Pop. from 36 to 55 Pop over 55 years old 1. Award No7, Ca Mau City Award No8, Ca Mau City TOTAL Source: The same as above 3.3 Education 9. Vietnam is recognized as one of the most successful among the developing countries in term of its achievements in compulsory education in the context of its low per capita income status. The Government has made great efforts to provide education for all. During the economic renovation period, the access to education throughout the country, including in the Mekong Delta, has been radically improved. The primary compulsory education has been achieved throughout the country, and today the basic secondary education has also become compulsory in most of the provinces of Vietnam. In this context, the Mekong Delta is not an exception, where nowadays, the illiteracy is mainly found among the aged population. Regardless of the great progress, the Mekong Delta still remains to be the region, whose overall education level is among the lowest compared to the other regions of the country. 10. According to the results of the Census of the DPs and their sample HHs socioeconomic survey, conducted by the IESD, the average schooling of the DPs HHHs is 6.1 years, and it is 6.7 years among the HHs surveyed population, with a slight variation between the affected communes and districts. The results of the survey indicate a certain relationship between education level and the average age, and location of the affected population: the younger the DPs are and/or the closer to urban centers/urbanized areas or to main road arteries the DPs are located, the higher their education levels are. 11. The distribution of affected population surveyed and DPs HHHs by level of their education is shown in Table 7. The education of the surveyed population confirms the fact about the improved education status among the younger generation. (See Tables 8 and 9, and more details in Annex B). Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-16

18 Table 8: Some demographic characteristics of DPs household s heads, GH2 Bridge Sex of the Education of DPs households heads DPs HHH Total number Average HHH HHH HHH District/Commune/ of HHHs schoolin having having High Male Fem.he having Town responded g years Illiterate primary basic school headed aded second. (HHHs) (school HHH (%) or lower second.e educ (%) (%) educati years/p education ducation (%). on (%). ers) (%) (%) 1. Award No7, Ca Mau City ,5 0,0 0, Award No8, Ca Mau City ,5 0,0 0,0 29, ,0 TOTAL Source: The same as above Table 9: Education of the HH surveyed population, GH2 Bridge subproject District/Commune/ Town Total surveyed populati on (pers) Averag schooli ng years (school years/p ers) Education composition of the surveyed population by (%) Pop having primary or lower education (%) Pop having basic second education (%) Pop having second.edu cation (%). 1. Award No7, Ca Mau City ,0 18, ,0 2. Award No8, Ca Mau City ,0 19,0 0, TOTAL Source: The same as above High school educ (%). 3.4 Land Tenure 12. Almost all the affected DPs have legal or legalizable right to their affected land. Among the affected DPs, there are only few cases of temporary land use right or that the DPs use land rented on private basis. The MTFPP generally poses a linear impacts on land with an exception for the case where the bypass or new road section are anticipated. That is why it can hardly cause severe impacts on the local. 13. The results of socioeconomic survey and public consultations with affected people and other stakeholder groups confirm these conclusions. 3.5 Income Sources and Incomes 14. The commercial service value has amounted to billions dong for last 7 years, increasing 17.53% on annual average. Compared with the year 1998, now there are establishments, increasing establishments, the annual average growth speed is 7.62%. The kinds of transport, financial, bank, postal services are expanded, with the attendance of the economic components to sever better the production requirements and life of the people. 15. The structure of income sources of the DPs HHHs as well as of the sample surveyed population of the GH2 Bridge reflect the general regional employment picture with services production being predominant over all the other economic activities: on average, more than 49.5 % of the total affected HHHs and 38.5% of the surveyed HHs labors are engaged in service sector. Commercial activities are the second main sources of income of the affected population, involving 20.5% of the DPs HHHs and 16.5% of the HHs active laborers surveyed. The state Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-17

19 employment is the third important source of income, where 17.5% of the HHHs and 15.0% of the HHs surveyed population are engaged in. The figures in the Tables 10 and 11 below and Annex B provide the data on occupation structure of the affected population. Table 10: Age and occupation of the DPs household s heads, GH2 Bridge subproject District/Commune/ Town Age composition of the DPs HHHs Average Aged age of Aged from Aged DPs under 35 to above 55 HHH (years) Occupation of DPs HHH (% to total) Agricult ural Trade State employe ees Constr uct., handicr aft... Services Other s 1. Award No7, Ca Mau City , ,0 2. Award No8, Ca Mau City , , ,0 TOTAL , ,0 Table 11: Occupation of the sample HHs surveyed population, GH2 Bridge subproject District/Commune/ Town Total responded population (pers) Occupation of HHs surveyed population (% to total surveyed) State perso nell Farmin g Hired agric ult labor Trade Servic es Worke rs, hadicr aft Pupils, stude nts House maids, old and disable 1. Award No7, Ca Mau City Award No8, Ca Mau City TOTAL The figures on average monthly per capita income of the surveyed population are given in Table 12 below by administrative unit. Based on the new poverty standards, it can be said that the poverty rate among the affected population is very small. Aver per capita month income is 590,000 VND, about 1.31 times higher than the country s poverty line. The majority of the HHs surveyed (67.4%) fall within the average income group with per capita monthly income varying between 200,000 VND and 500,000 VND. (See Table 12, and more details are in Annex B). Table 12: Distribution of the surveyed HHs per capita monthly income, the GH2 Bridge subproject (1000VND/pers/month) ROAD/Distr. Aver per capita month income (1000VND) Numb. of surveyed HHs (HHs) Numb. of surveye d popul (pers.) < <&<500 >500 (HHs) (%) (HHs) (%) (HHs) (%) 1. Award No7, Ca Mau City Award No8, Ca Mau City TOTAL Source: Same as above Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-18

20 3.6 Living Conditions and Possessions of Assets % of the affected HHs surveyed has access to electricity city. All of them used safe water from local water factory (See Table 13, and see Annex B for further details). All affected wards have basic social infrastructure, including primary school, post office and health care centers. They also have their own market. 18. The majority of the affected population has access to common telecommunication systems, 100% of the HHs possessing TV, while the telephone ownership rate is equal to 15 phones per 100 persons. Table 14 provides the data on household assets for the surveyed HHs. It again indicates fair living standards among the affected population in general. (See Annex B for more details.) Table 13: Living conditions of HH s assets by the surveyed population, GH2 Bridge Unit: % Source of drinking Types of toilet Types of firewood water ROAD/Distr. Tap Well River, canal Flush e septic Latrin es Water surface Firewoo d Cool Electr gas 1. Award No7, Ca Mau City 100,0 0,0 0,0 100,0 0,0 0,0 0,0 0,0 0,0 100,0 2. Award No8, Ca Mau City 100,0 0,0 0,0 100,0 0,0 0,0 0,0 0,0 0,0 100,0 TOTAL 100 0,0 0, ,0 0,0 0,0 0,0 0,0 100 Source: Same as above. Table 14: Possession of HH s assets by the surveyed population, GH2 Bridge subproject ROAD/Distr. Numb er of survey ed HHs (HHs) Survey ed popula tion (pers.) Aver per capita month income (1000V ND) Possession of HH s assets (unit) Bicycles Motorbikes TV Telephone Video Computer Electr rice cooker 1. Award No7, Ca Mau City Award No8, Ca Mau City TOTAL Source: Same as above. 4 Legal Framework and Entitlement Policy 19. As mentioned above, this RP has been prepared based on the results of: (i) Inventory of losses caused by the project, conducted by the Institute of Environment and Sustainable Development Studies in December 2005 and January 2006; (ii) Field observation of all subprojects physical works that anticipate land acquisition and resettlement impacts; (iii) Stakeholders consultations, including consultation with local authorities at different levels Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-19

21 (provincial/city s, district s and wards/communes); (iv) Interviews with displaced and nondisplaced people; and (v) Group discussion and consultation with communities and DPs in the project areas. 4.1 Vietnam s Laws, Decrees, and Circulars 20. The following laws of the Socialist Republic of Vietnam are applied: The Constitution of the Socialist Republic of Vietnam, 15 April 1992; Decree No. 95/2005/ND-CP, 15 July 2005, regulation on property ownership and the right to use urban residential land; Decree 08/2005/ND-CP, 24 January 2005 regulation on Urban Planning Management Decree No. 64/CP, 27 September 1993, regulation on allocating agricultural land to households for long-term use; Decree 17/CP, 4 May 2001, regulation on Management and Utilization of ODA. New Land Law 2003 approved by National Assembly on the 26, November, 2003, came into effect on the 1st of July, 2004, replacing the Land Law 1993 Decree No181/2004/ND-CP, 29 October 2004, relating to the implementing the Land Law. Decree No182/2004/ND-CP, 29 October 2004, on penalty for administrative violation in the land user-rights.. Decree No188/2004/ND-CP, 16 November 2004, specifying methods for land pricing and issuance of land price framework for land categories; Circular No114/2004/TT-BTC by MOF providing guidelines for implementation of the Decree 188/2004/CP. Decree No197/2004/ND-CP, 03 December 2004, on compensation, assistance and resettlement when land is recovered by the State (replacing Decree No. 22/CP). And issued guidelines in Circulation No116/2004/TT-BTC by MOF. Decree No198/2004/ND-CP, 03 December 2004, on collection of land tax. And issued guidelines in Circulation No117/2004/TT-BTC by MOF. Decree 17/ND-CP, 27 January 2006, on amendment of some provisions of some Decree guiding implementation of the Land Law and the Decree 187/2004/ ND-CP on shifting the state companies into stock ones Decision No 919/2005/QD-UB dated on the 30th, March, 2005, issued by the Ben Tre PPC on Compensation, assistance and resettlement when the Government acquire the land in Ben Tre province. Decision No 2915/2003/QD-UB dated on the 20st, Oct.,05, issued by the Ben Tre PPC on standardized unified construction prices of houses and structures, in Ben Tre province. Decision No 11/2005/QĐ-UB dated on the 30th, Dec.,03, issued by the Ben Tre PPC on land prices in Ben Tre province. Decision No 47/2004/QĐ-UB dated on the 11th, June.,04, issued by the Tra Vinh PPC on prices of crops and trees served for evaluation of compensation value in land acquisition process within Tra Vinh province. Decision No 74/2004/QD-UB dated on the 25th, Oct.,05, issued by the Tra Vinh PPC on standardized unified construction prices of houses and structures, in Tra Vinh province. Decision No 25/2005/QĐ-UB dated on the 16th, May, 05, issued by the Tra Vinh PPC on land prices in Tra Vinh province. Decision No 49/2005/QĐ-UB dated on the 05th, Sep.,05, issued by the Tra Vinh PPC on amended land prices in Tra Vinh province. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-20

22 Decision No 11/2005/QĐ-UB dated on the 14th, Feb.,05, issued by the Soc Trang PPC on land prices in Soc Trang province. Decision No 56/2005/QĐ-UB dated on the 21st, Dec.,05, issued by the Ca Mau PPC on land prices in Ca Mau province. 21. Relevant transport sector specific issuances include: Decree 186/2004/CP, 17 Nov 2004, regulations for management and protection of transport structures for road transport. Circulars 13/2005/TT-BDTVT, 7 Nov, 2005, on guidelines for implementation of the Decree 186/2004/CP Decree 171/CP, December 1999, detailed regulations for implementation of Law of protection for transport structures for waterway transport. Decision 3037/QD-BGTVT, October 2003, on procedure for compensation in site clearing for construction of transport projects and procedure for project investors preparation of detailed plan for site clearing. 4.2 World Bank Policies 22. The World Bank experience indicates that involuntary resettlement under development projects, if un-mitigated, often gives rise to severe economic, social, and environmental risks. Thus the World Bank policy regulated by OP 4.12 includes safeguards to address and mitigate these impoverishment risks. 23. The basic guiding principle of the World Bank resettlement policy is that: Involuntary resettlement should be avoided, where feasible, or minimized, exploring all viable alternatives in project design; Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the person displaced by the project to share benefit. Displaced persons should be meaningfully consulted and participate in planning and implementing resettlement programs. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 24. The OD 4.20 on Indigenous Peoples, requiring all projects that are affecting indigenous peoples to engage these people in a process of free, prior, and informed consultation; and to prepare an Ethnic Minority Development Plan (EMDP) that will ensure these people to receive social and economic benefits that are culturally appropriate and gender- and intergenerationally inclusive. 25. The OP 4.11 on Cultural Property, ensuring preservation and seeking to avoid the elimination, of sites having archaeological, paleontological, historical, religious and unique natural values. The Bank declines to assist those projects that will bring damage to cultural property. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-21

23 4.3 Government, World Bank, and MTFPP 26. In general, the Land Law 2003, Decree 197/CP and amended Decree 17/2006/CP satisfy the most principles and objectives of the World Bank s Policy on Involuntary Resettlement. However, in practice of project s implementation, there still remain differences, which should be overcome. 27. To ensure faire compensations, adequate relocation, and rehabilitation of the DPs caused by land acquisition and loss of house land/assets due to the project development, the Government of Vietnam will approve the Resettlement Policy Framework (RPF) for the project. Table15 summarizes the differences between the Government of Vietnam, MTFPP and the WB, both either in the legislation or practice of their implementation, and proposes a resettlement policy to be applied for the project. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-22

24 Table 15: Differences between Vietnamese legislation, the World Bank and a proposed Resettlement Policy for the Ganh Hao II Bridge World Bank Policy Decree 197/2004/CP Project Policy DP who are not entitled to compensation under domestic law will be assisted to restore living standards as before the project Land compensation price should be replacement one All affected houses and structures, irrespective of land tenure status, should be compensated at the full replacement cost All affected businesses are eligible for assistance Severely affected DP, including DP losing more than 20% of productive land, will be entitled to rehabilitation assistance It needs an independent monitoring of resettlement implementation Article 6: If persons who have land recovered by the State meet all conditions prescribed in Article 8 of the Decree, they shall receive compensation; if they fail to meet all conditions for compensation, the People's Committees of the provinces or central level s cities shall consider to provide supports. (Note: There no guarantee that the affected persons who being not met conditions for compensation would receive assistance measures) Article 9: The compensation rates for land shall be determined by the PPC in accordance with the Government regulations 1 for the type of land which has been used for at the time of land acquisition. (Note: In practice, many PPC issued land prices lower than the market prices) Article 18,19, 20: - Houses and structures on non-eligiblefor-compensation land, which have not violated announced land use plans or the right of way will be assisted at 80% of replacement cost - Houses and structures on non-eligiblefor-compensation land, which have violated announced land use plans or the right of way will not be assisted. In special cases, the PPC will consider to assist on the case by-case basis. Articles 26, 28: only registered businesses are eligible for assistance Article 28,29: DP losing more than 30% of productive land will be entitled to living stabilization and training/job creation assistance The Decree 197 does not require this All project displaced persons will be entitled to compensation or assistance for their lost assets, incomes, and businesses and provided with rehabilitation measures sufficient to assist them to improve or at least restore their pre-project living standards, income levels and productive capacity. Replacement cost surveys have to be carried out to ensure that project compensation rates for all categories of loss will be equivalent to replacement cost to be updated at the time of resettlement implementation. -Compensation at 100% of replacement cost for all affected structure built before the Cut-off date and at moment of their construction, no violation of announced land use planning. No depreciation and no deduction of salvage materials should be made. - Compensation at 80% of replacement cost for the affected structures built before 15 th Oct on non-legalizable land which at the moment of their construction didn t violated land use planned schemes announced by authorities, existed before the cut off-date. - Compensation at 60% of replacement cost will be paid for the affected structures built on non-legalizable land from the 15 th Oct to the cut-off date, which at the moment of their construction violated land use planned schemes announced by authorities. All affected businesses are eligible for assistance Severely affected DP, including DP losing more than 20% of productive land, will be entitled to rehabilitation assistance It requires an independent monitoring of resettlement implementation 1 The item 4, Article 56, of Land Law 2003 stipulates The land prices prescribed by the provincial/municipal People s Committees shall be publicized on January 1 every year and used as basis for...; compensations upon land recovery by the State;... (Land Law 2003). Besides, the item 1, Article 4 of Decree 7/2006/CP states...in case if at the time of issuance of Decision on the land acquisition, the price (of land) is not reflecting the actual land transfer price in normal market conditions, then the Provincial/City of Central level will decide on concrete price of land appropriately Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-23

25 5 Compensation Policy 5.1 Objectives of Resettlement 28. The objectives of the Vietnamese legislation governing resettlement and rehabilitation of displaced persons (DPs) and those of the World Bank concerning involuntary resettlement have been adapted for the preparation of this Resettlement Plan (RP) for the GH2 Bridge subproject. The objectives are set out below. An entitlement matrix is shown in Annex A. The policies and principles adopted for the Project supersede the provisions of relevant decrees currently in force in Vietnam wherever a gap exists between the World Bank policy (OP 4.12) and Vietnamese law. 29. The main objective of the RP is to ensure that all DPs caused by the Phase I subprojects will be compensated or assisted for their losses and will be provided with rehabilitation measures to improve, or at least to maintain, their pre-project living standards and income earning capacity. 5.2 Displaced People (DP) 30. Displaced People (DP) are those who, at the subprojects Cut-off Date, are affected by: (i) the involuntary taking of land resulting in: a) relocation or loss of shelter; b) lost of assets or access to assets; c) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or ii) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. 5.3 Principles of Resettlement 31. The principle for resettlement policy in the project will be as follows: a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. b) All DPs residing, working, doing business or cultivating land within the recovered area under the Project as of the cut-of-date are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost will not bar the DPs from entitlement to such rehabilitation measures. c) The rehabilitation measures to be provided are: (i) compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) priority given for compensation mode of agricultural land-for-land of equal productive capacity acceptable to the DP; (iii) priority given for compensation mode of replacement of premise land (if any) of equal size acceptable to the DP; (iv) transportation and subsistence allowances; and (v) business/income rehabilitation allowances. Asia Pacific Engineering Consultants RAP Report Feb Page: 9A-24