Resettlement Planning Document Resettlement Plan Document Stage: Revised Project Number: 41013-013 March 2012 Viet Nam: Thanh Hoa City Comprehensive Socioeconomic Development Project Prepared by Provincial Project Management Unit, The People s Committee of Thanh Hoa Province The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.
THANH HOA PROVINCE PEOPLE S COMMITEE PROVINCIAL PROJECT MANAGEMENT UNIT ------------------------------------ THANH HOA CITY COMPREHENSIVE SOCIOECONOMIC DEVELOPMENT PROJECT (No.2511 VIE - ADB LOAN) UPDATED RESETTLEMENT PLAN COMPONENT 1 AND 4 Prepared by PROVINCIAL PROJECT MANAGEMENT UNIT March, 2012
TABLE OF CONTENTS List of Annexes... 5 A. Executive Summary... 9 B. Project Description... 13 1. Background... 13 2. Project s Components... 13 3. Mitigation Measures... 14 3.1. Objective... 14 3.2. Mitigation Measures... 14 C. Scope of Land Acquisition and Resettlement... 17 1. Methodology... 17 2. Scope of Land Acquisition and Resettlement... 17 2.2. Impacts on Lands... 18 2.2. Impacts on Houses... 20 2.3. Impacts on Other Structures... 21 2.4. Impacts on Trees and Crops... 21 2.5. Average Productive Landholding and Severity of Impacts... 22 2.6. Impacts on Business... 23 2.7. Impacts on Institutions... 23 2.8. Impacts on Public Works... 23 2.9. Impact on cultural structures... 24 2.10. Temporary Impacts... 24 D. Socioeconomic Information and Profile... 25 1. Methodology... 25 2. Socio - Economic Conditions of Affected Households... 25 2.1. Household Population and Labor Force... 25 2.2. Education... 26 2.3. Household Occupation... 27 2.4. Living Standards, Income and Expenditure... 28 Thanh Hoa City Comprehensive Socio - Economic Development Project Page 1
2.5. Accommodations and home comforts... 31 2.6. Infrastructures and Services... 32 2.7. Land and housing... 35 2.8. Attitudes toward Project and Land Acquisition... 36 3. Socio-economic Conditions of Vulnerable Households... 37 3.1. Female-Headed Households... 37 3.2. Poor and Near Poor Households... 38 4. Issue of Ethnic Minorities... 39 5. Gender Issues... 39 E. Information Disclosure, Consultation and Participation... 41 1. Objectives:... 41 2. Legal basics... 41 3. Procedures for Consultation and Disclosure... 42 3.1. Consultation and Disclosure in the Project Preparation Stage... 42 3.2. Consultation in the project implementation... 42 F. Grievance Redress Mechanism... 45 G. Legal Framework... 47 1. Policy & Legal Framework for Resettlement... 47 1.1. Relevant Vietnamese Legislation... 47 1.2. ADB Safeguard Policy and Requirements... 48 1.3. Reconciliation of Government and ADB Policy on Resettlement... 49 2. Project Policies... 53 2.1. Objectives and Principles... 53 2.2. Cut-Off Date and Eligibility... 55 2.3. Principles of Replacement Cost... 55 2.4. Eligibility and Entitlement... 55 H. Entitlements of APs... 56 I. Relocation of Housing and Settlements... 68 Thanh Hoa City Comprehensive Socio - Economic Development Project Page 2
1. Analysis and Assessment of Resettlement Demand... 68 2. Resettlement Criteria and Procedures... 69 3. Description of Resettlement Areas... 70 J. Income Restoration and Rehabilitation... 73 1. Objectives... 73 2. Analysis of demands... 73 3. Proposed rehabilitation program... 74 3.1. Allowance for Living and Production Rehabilitation:... 74 3.2. Allowance for Vocational Training and Job Creation:... 75 3.3. Management of the income restoration program... 80 3.4. Cost Estimation for the rehabilitation program... 82 L. Source of Fund and RP Costs... 84 E. Institutional Arrangements... 86 1. Thanh Hoa Provincial People s Committee (PPC)... 86 2. Thanh Hoa City and Dong Son District People s Committees (PCs)... 86 3. Provincial Project Management Unit (PPMU)... 86 4. The Thanh Hoa City Site Clearance and Resettlement Department... 86 5. Dong Son District Compensation and Site Clearance Council... 87 6. Commune/ward People s Committees (CPC)... 87 7. Community Management Committee (CMC)... 87 8. Project Supervision Consultants... 87 M. Indicative Implementation Schedule... 89 N. Monitoring and Evaluation... 90 1. Internal Monitoring... 90 2. External Monitoring and Evaluation... 91 Thanh Hoa City Comprehensive Socio - Economic Development Project Page 3
Table 1. Summary of impacts... 17 Table 2: Summary of Impacts on Agricultural Land Acquisition (m 2 )... 18 Table 3. Summary of Impacts on Residential Land Acquisition (m 2 )... 19 Table 4. Summary of Affected Ponds and Lakes... 19 Table 5. Summary of Public Land Impacts... 20 Table 6. Summary of Impacts on Houses... 20 Table 7. Summary of Other Structure Impacts... 21 Table 8.. Impacts on Trees/Crops/Aqua Produce... 21 Table 9. Households Losing Agricultural Land in Total Affected Population... 22 Table 10. Severity of Land Impacts of the APs (rate %)... 22 Table 11. Summary of Displaced Businesses... 23 Table 12. Affected Public Assets... 24 Table 13. Household Population and Size... 25 Table 14. Education Background per Component... 26 Table 15. Situation of Employment per Project Component... 27 Table 16. Income Bracket of Households... 29 Table 17. Structure of Income Sources of the Households (%)... 29 Table 18. Structure of Expenditure of Households... 30 Table 19. Monthly Incomes and Expenditures of Households per Project Component (Unit: Viet Nam Dong)... 30 Table 20. Lliving standard classification of Households... 31 Table 21. Accommodations of the Surveyed Households... 32 Table 22. Situation of Water Sources using by the Surveyed Households... 33 Table 23. Situation of Drainage and Sewerage of the Surveyed Households... 34 Table 24. Summary of Sanitation Situation in the Project Area... 35 Table 25. Summary of Housing Situation... 35 Table 26. Summary of Land Use Situation (Rate %)... 36 Table 27. Belief that Project Will Benefit Community (Rate %)... 37 Table 28. Belief that Project Will Benefit their own family (Rate %)... 37 Table 29.: Summary of the Poor Households... 38 Table 30: Summary of other vulnerable APs... 38 Table 31: Occupation Structure per Gender... 40 Table 32: Attendance at AP Consultation Meetings... 44 Table 33. Gaps Between National Laws and ADB Policy... 51 Table 34. Entitlement Matrix... 57 Table 35: Analyzing of Resettlement Demand... 68 Table 36. Description and Arrangement of Resettlement Area... 70 Table 37: Statistic of employment needs in the project area... 73 Table 38: List of vocational training centers in Thanh Hoa province.... 76 Table 39: Cost estimation of the income restoration program... 83 Table 40: Summary of Resettlement Budget... 85 Table 41: Implementation Schedule of Resettlement Plan... 89 Table 42: Monitoring and Evaluation Indicators... 93 Thanh Hoa City Comprehensive Socio - Economic Development Project Page 4
List of Annexes Annex 1 : Summary of Community Consultation Meetings Annex 2 : Justification for increase of compensation cost Annex 3 : Project Information Brochure Annex 4 : Project Map Annex 5 : Replacement Cost Survey Annex 6 : Resettlement Budget Annex 7 : Minutes of the APs Consultation Meetings Annex 8 : Template of Socioeconomic Survey Annex 9 : Template of Detailed Measure Survey Annex 10 : List of Affected Households Annex 11 : List of Affected Agencies and Organizations Annex 12 : List of Vulnerable Households Thanh Hoa City Comprehensive Socio - Economic Development Project Page 5
CURRENCY EQUIVALENTS (as of Dec, 2011) Currency Unit - Vietnamese Dong (VND) - US Dollar ($) $1.00 = VND21.015 ABBREVIATIONS ADB - Asian Development Bank AP - Affected Person DMS - Detailed Measurement Survey EA - Executing Agency EMA - External Monitoring Agency GOV - Government of Vietnam IOL - Inventory of Losses LARU - Land Acquisition and Resettlement Unit LURC - Land Use Rights Certificate MOF - Ministry of Finance MOLISA - MONRE - MARD - Ministry of Labor, Invalids and Social Assistance Ministry of Natural Resources and Environment Ministry of Agriculture and Rural Development MOT - Ministry of Transport PIU - Project Implementation Unit PPC - Peoples Committee (Provincial/City/Commune) PPMU - Provincial Project Management Unit RCS - Replacement Cost Study ROW - Right-of-Way RP - Resettlement Plan SES - Socio-Economic Survey SGIA - VND - Vietnamese dong Thanh Hoa City Comprehensive Socio - Economic Development Project Page 6
Definition of Terms Affected Persons Cut-off date Detailed Measurement Survey (DMS) Entitlement Host Community Income restoration Land Acquisition In the context of involuntary resettlement, Affected Persons (AP) are those who are physically relocated (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary expropriation of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the DMS; or (ii) they have lawfully acquired the affected assets following completion of the census and the DMS and prior to the conduct of the detailed measurement survey (DMS). This is the process where all fixed assets (i.e. lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are measured, detailed survey, level of lose identified and list of affected people as well as their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined. Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base. Means the community already in residence at a proposed resettlement or relocation site. This is the re-establishment of sources of income and livelihood of the affected households. Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Thanh Hoa City Comprehensive Socio - Economic Development Project Page 7
Relocation Replacement cost Replacement Cost Study Seriously Affected Households This is the physical relocation of a DP from her/his pre-project place of residence and/or business. Means the amount of cash or kind needed to replace an asset and is the value determined as compensation for: i. Agricultural land at the pre-project or pre-displacement level, whichever is higher and is based on productive value; and residential or commercial land based on market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes; ii. Land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; iii. Houses and other related structures based on current market prices of materials, transportation of materials to construction site, cost of labour and contractor s fee, and any cost of registration and transfer taxes. In determining replacement cost, depreciation of assets and value of salvaged building materials are not taken into account and no deductions are made for the value of benefits to be derived from the project or transaction costs; iv. Crops, trees and other perennials based on current market value; and v. Other assets (i.e. income, cultural or aesthetic resources) based on replacement cost or cost of mitigating measures. This refers to the process involved in determining replacement costs of affected assets based on empirical data. This refers to affected households who will (i) lose 10% and more than 10% of total productive land and/or assets, and/or (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project. Vulnerable Groups These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, (vi) indigenous people or ethnic minorities. Thanh Hoa City Comprehensive Socio - Economic Development Project Page 8
A. Executive Summary Introduction. The Thanh Hoa City Comprehensive Socio-economic Development Project (CSEDP, or the Project) is co-financed by the Asian Development Bank (ADB) and the Korea Export Import Bank (KEXIM) with the total investment of approximately 118 million USD and aiming at establishment of Thanh Hoa City as a competitive, livable, and sustainable city, leading to the socio-economic development of Thanh Hoa Province. The intended outcome is well-managed, safe and functional, affordable and physically accessible urban infrastructure, competitive tourism, and industrial development. The Project started in November, 2009 and is expected to be completed by June, 2014. The Project comprises five components, which are (1) urban road development; (2) water supply upgrading and expansion; (3) drainage and wastewater treatment improvement; (4) human resource development, including the upgrading of vocational schools and development of training curriculum; and (5) tourism development by upgrading infrastructure and developing tourism development plans for Thanh Hoa City. This Resettlement Plan will cover the Component 1 and 4 of the Project. The road expanding and upgrading under the Component 1 causes the land acquisition and asset impacts of 744 households in 2 wards (Dong Ve and Tan Son) and 4 communes (Quang Hung, Quang Thanh, Quang Thang, and Dong Hung). The vocational schools developing and upgrading under the Component 4 causes the land acquisition impacts of 109 households in Dong Cuong commune. Besides, there are 16 agencies and institutions affected by the project, mainly impacts on public land acquisition. Scope of Land Acquisition and Resettlement Impacts. This RP mentioned the land acquisition impact of the Component 1 and 4. Accordingly, 853 households are permanently affected by the project of which 103 households are affected by loss of residential land with 69 households requiring relocation, 702 households affected by loss of agricultural land with 559 households losing 10% or more, and 48 households are affected by loss of structures such as graves. Total 486,026.2m 2 of land is acquired, of which residential land is 19,014.7m 2 agricultural land: 362,018.4m 2 and the remaining land is pond and lake. Legal and Policy Framework. The legal and policy framework for compensation, resettlement and rehabilitation under the Project is defined by the relevant laws and regulations of the Government of Viet Nam and the ADB. In case of discrepancies between the Borrower s laws, regulations, and procedures and ADB's policies and requirements, ADB's policies and requirements will prevail, consistent with Decree No.131/2006/ND-CP which provides that in case of discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence (Article 2, Item 5). Objectives of Compensation and Entitlements. The overall objective of the compensation and entitlement policy for the Project is to ensure that all people affected by the Project will be able to restore their pre-project conditions while the poor and vulnerable households will be able to improve their pre-project living standards Thanh Hoa City Comprehensive Socio - Economic Development Project Page 9
and income-earning capacity through compensation for the loss of physical and non-physical assets and, as required, other assistance and rehabilitation measures. Compensation will be based on the principle of replacement cost while additional assistance in cash and in-kind will also be provided depending on the severity of impacts. Income restoration measures or programs for severely affected and vulnerable households will be designed and implemented in consultation with APs during RP updating. Project Policies. The basic principle applied in this RP is that all APs must be "supported in their efforts to improve their living standards, income-generating capacity and production to at least the same as or better than their standards of living before the project implementation. The lack of a legal basis for land use does not bar affected households from the entitlements of economic recovery compensation and/or support. Affected assets must be compensated on the basis of their replacement cost. The cut-off-date for eligibility for entitlement was 10 th November, 2011 after completing the detailed measure survey (DMS). Affected Persons and local communities have been informed of the cut-off date. Accordingly, after this date all household land/assets in Project affected areas will not be legally eligible to receive any compensation and/or support from the Project. Mitigation Measures. In the process of preparing the Project, there was close cooperation between the technical consultant and the social consultant to achieve the Project's two objectives of promoting the efficiency of the investment in the Project and minimizing land acquisition. Accordingly, there are 11 mitigation measures proposed, in which, the measures of replacement cost, rehabilitation allowance and resettlement and other mitigation measures included. Ethnicity, Vulnerability and Gender Issues. All affected households are Kinh. The census identified 90 households who are considered vulnerable households as the household head or members of the household fall on one or more types of vulnerability: female-headed household, elderly households, and poor households as defined by the Ministry of Invalids and Social Affairs (MOLISA). These vulnerable households will take part in the income restoration measures/programs under the Project. Separate meetings will be held with them during RP updating and implementation to ensure that their special needs and concerns are identified and addressed and that restoration or improvement of their socio-economic conditions will be carefully monitored. Entitlements of APs. The project entitlements developed correspond to the impacts identified during the census and detailed measure survey. Entitlements adopted are based on the ADB Social Safeguard policies, the Government Decisions, and the results of consultation with APs (to ensure that losses are restored, if not improved). Entitlements for each type of APs are based on the types and levels of losses. Unit rates presented in the RP and Entitlement Matrix basing on the replacement cost units proposed by the Agency of replacement cost survey Institute of Sociology. Consultation and Disclosure. The project entitlement policy has been established through the close cooperation of local authorities, community based organizations and affected persons in order to maximize their participation in the formulation and implementation of resettlement plan (RP). During the survey and investigiation, the RC used the different methods such as questionnairs, need assessing papers, counselling and consulting the affected households, the local authorities, the local mass organizations and the other stakeholders. Local authorities, mass organizations and 310 affected households were surveyed with a questionnaire. All households to be displaced in the affected areas attended the public consultations to Thanh Hoa City Comprehensive Socio - Economic Development Project Page 10
receive information, consider the levels of the Project impact, and present their recommendations for the plan for their new lives. Information obtained during the consultations was used to establish project resettlement policies and assist in creating the compensation plans for the Project's implementation. The consultation results showed that 100% participated households agreed with the project s compensation and resettlement policy and they support broardly the project. The affected households have right to take part in the income rehabilittion measures and programs proposed by the Project. Relocation and Resettlement. Among 853 affected households, there are 103 households affected by loss of residential land, of which, 34 households are partly affected their residential land without houses thereon and 69 households are fully affected and require to relocate to the resettlement areas. Among 34 partly affected households, 18 households expect to get compensation by land for land in resettlement areas and 16 others get cash compensation. Total of 203 of land lots were prepared in resettlement areas with average area of 80m 2 for each lot. Number of land lots compensated for each household depends on the affected area and the principle of replacement cost or equipvalent value. There are 5 resettlement areas were prepared with full infrastructure for the relocated households to resettle, including (i)quang Hung Commune resettlement site,(ii) Resettlement Site in Dong Huong Urban area (iii) Quang Thanh commune Resettlement Area, (iv) Quang Thang commune resettlement site, (v) resident area in Nguyen Trai road (intersect with the ring road under CSEDP) at Tan Son ward). These areas close to their former resident areas (distance from 200 400 metres). Income Rehabilitation Measures. This is one of the important activities during the implementation of compensation and resettlement. To have the effective solutions for remaining, restoring income and employment for the affected households, the RC consulted and counseled the stakeholders such as the Department of Agriculture and Rural Development and the Compensation and Resettlement Committee. This RP proposed some measures for income rehabilitation such as (i) Allowance for Living and Production Rehabilitation for the affected households with agricultural land, without agricultural land, or business and production; (ii) Allowance for the poor households and the other vulnerable groups; (iii) Allowance for Vocational Training and Job Creation; and (iv) Allowance for temporarily affected households; and (v) agricultural extension. Total budget anticipated for the Rehabilitation Program is 12.850.000.000,0VND, equipvalent to 611.000USD. Implementation Arrangements and Capacity Building Interventions. The executing agency (EA) for the Project is the Thanh Hoa Provincial People s Committee (THPPC) through the Provincial Project Management Unit (PPMU), including this RP, with support from the 5 Project Implementation Units (PIUs). They will draw support from the City People s Committee of Thanh Hoa, Communes People s Committees, City Resettlement Committee, and the consulting team for the updating, implementation and monitoring of the Resettlement Plan. Grievance Redress Mechanism. A well-defined grievance redress and resolution mechanism was established to address the grievances and complaints of APs regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. APs are entitled to lodge complaints regarding any aspect of the land acquisition and resettlement requirements; compensation policy, entitlements, rates and payment; and, strategies and procedures for resettlement and rehabilitation assistance programs. A four-stage procedure for redress of grievances is provided in the main report. The grievance mechanism was also disclosed to APs during consultations with them. Thanh Hoa City Comprehensive Socio - Economic Development Project Page 11
During the process of implementing the RP, complaints will be resolved in accordance with the approved procedure in the RP. All complaints from APs will be resolved fairly and quickly by authorities at levels and project staff. There will be no administrative charge for the settlement of complaints or for redressing grievances. External monitoring agency (EMA) will be responsible for checking the procedures for and resolutions of grievances and complaints. Monitoring and Evaluation. Regular internal monitoring will be undertaken by the PPMU and PIUs and will submit quarterly progress reports to ADB. Moreover, the external monitoring agency will also be engaged to carry out its own independent review and assessment of RP updating and implementation. External monitoring reports will be submitted to PPMU and ADB on a quarterly basis. Resettlement Budget. The total budget for updating and implementing this RP is 348,119,729,100VND, equipvalent to 16,577,130.0USD. This amount covers compensation and allowances, design and implementation of income restoration measures/programs, administration cost and contingency. As cost of land acquisition and resettlement will be funded under the loan, in line with ADB s Loan Disbursement Handbook, Second Generation Imprest Account (SGIA) will be established in Thanh Hoa City Resettlement Committee at a commercial bank acceptable to the Government and ADB. A qualified agency were hired during RP updating to carry out replacement cost survey for land and non-land assets. The rates established by the survey were used as basis for compensation payment for affected land and non-land assets. PPMU and City Resettlement Committee, with the help of project supervision consultants, will setup a system to ensure that channeling of funds are done transparently, efficiently and effectively, monitoring is in place, and timely submission of resettlement audit reports are met. ADB staff will have the right conduct spot or random checks of expenditures covered by the SGIA. Financial and audited statements will also be made available to the external monitor. Implementation Plan. Affected households are expected to be paid compensation and the site clearance in March, 2012. The PPMU will not allow construction activities in specific sites until all resettlement activities have been satisfactorily completed, agreed rehabilitation assistance is in place, and that the site is free of all encumbrances. Thanh Hoa City Comprehensive Socio - Economic Development Project Page 12
B. Project Description 1. Background 1. The Thanh Hoa City Comprehensive Socio-economic Development Project (CSEDP, or the Project) is an integrated development strategy to establish the City of Thanh Hoa as a competitive, livable, and sustainable city, leading to socioe-conomic development. The Project will be used as a vehicle for Thanh Hoa City to become a city of Grade 1 in 2025. This classification will require a level of scores, which justifies the launching of multi-sectoral consistent projects to create a suitable investment for the City to allow its take-off such as in industrial and tourism development, and to contribute in building a strong back - bone of intermediary towns playing an important role in the region and in national scale. In the background of the City s new classification, it is a matter of urban growth, of rural population attraction and reorientation, and of job creation, which are all essential for poverty alleviation. The Project also intends to set up a model of intervention that can be replicated in other medium size cities in Vietnam. 2. The project is co-financed by the Asian Development Bank (ADB) and the Korea Export Import Bank (KEXIM) with the total investment of approximately 118 million USD and aiming at establishment of Thanh Hoa City as a competitive, livable, and sustainable city, leading the socio-economic development of Thanh Hoa Province. The intended outcome is well-managed, safe and functional, affordable and physically accessible urban infrastructure, competitive tourism, and industrial development. The Project started in November, 2009 and is expected to be completed by December, 2014. 3. The Project comprises five components, which are (1) urban road development; (2) water supply upgrading and expansion; (3) drainage and wastewater treatment improvement; (4) human resource development, including the upgrading of vocational schools and development of training curriculum; and (5) tourism development by upgrading infrastructure and developing tourism development plans for Thanh Hoa City. 4. The Project will be conducted in sixteen wards and communes of Thanh Hoa City, including Ngoc Trao, Dien Bien, Lam Son, Dong Tho, Truong Thi, Ba Dinh, Tan Son, Dong Ve, Nam Ngan, Ham Rong, Dong Huong, Quang Thang, Quang Thanh, Quang Hung, Dong Cuong, and Dong Hung (under Dong Son District). It is estimated that 79,866 inhabitants (17,748 households) are project beneficiaries. 5. This Resettlement Plan will cover the Component 1 and 4 of the Project. Implementation of these components causes land acquisition impacts of 853 households. Of these, the road expanding and upgrading under the Component 1 causes the land acquisition and asset impacts, of 744 households in 2 wards (Dong Ve and Tan Son) and 4 communes (Quang Hung, Quang Thanh, Quang Thang, and Dong Hung); the vocational college developing and upgrading under the Component 4 causes the land acquisition impacts of 109 households in Dong Cuong commune. Besides, there are 16 agencies or institutions affected by the project, mainly impacts on public land acquisition. 2. Project s Components The Project includes 5 components: Component 1 - Urban Road Development: An improved urban road network approximately 22 km and urban basic services (water supply and drainage, transportation, power, etc.) to link peri-urban villages with the city center along with complementary basic urban services; Thanh Hoa City Comprehensive Socio - Economic Development Project Page 13
Component 2 - Water Supply Upgrading and Expansion: an expanded and upgraded water supply distribution network, including approximately 19 km of primary and secondary water supply pipes and connections to expand the service to peri-urban areas and replacement of approximately 19km of damaged pipes in the city; Component 3 - Drainage and Wastewater Treatment: An improved drainage and wastewater treatment in Thanh Hoa through the construction of approximately 9.5km of interceptors for sewerage and drainage, some pumping stations, diversion chambers, a central wastewater treatment plant, and delocalized wastewater treatment facilities for the city general hospital and 3 other hospitals; Component 4 - Human Resource Development: Improved human resources and skills through the upgrading of vocational training centers and capacity building for teachers in the local school and vocational training centers; and Component 5 - Tourism Development: This component includes the main task as the following: (i) Upgrading infrastructure for Thanh Hoa museum, building the entry way, Center of tourist welcome, tourism facilities and one Ecological Park with total area 60ha in Ham Rong tourism area; (ii) Upgrading road and infrastructure and restore the works in Dong Son archaeological area; (iii) Upgrading infrastructure for Mat Son area, including the beautification of Le River; (iv) Enhancing capacity for Thanh Hoa City on tourism management. Among 5 components of the project, 4 components (except component 2) have land acquisition of local people. This RP is prepared for components 1 and 4 and updated based on results of DMS and consultations with APs. 3. Mitigation Measures 3.1. Objective The first principle of the Policy Framework, as agreed by the ADB, is to avoid or minimize the impacts of resettlement and land acquisition. If this is not feasible, it is necessary to apply mitigation measures including compensation at replacement cost and other assistance to households affected by the Project. In accordance with the agreed principles of the Project's implementation and policy framework, land acquisition and resettlement should be minimized. The design consultant, the PPMU and other concerned departments and agencies have made efforts to reduce and/or limit the impacts of land acquisition in the design stage and in the finalization of the Project investment reports. The extensive consultations with different stakeholders such as local authorities, public organizations and potentially affected households have been undertaken to find measures to minimize impacts caused by the resettlement. The agreed guiding principles are to attempt identifying alternative options and select the best solution to avoid relocation of the households from the area they are living. 3.2. Mitigation Measures Along with positive impacts on socio-economic development and social lives, the Project will also cause negative impacts to households involved in land acquisition and site clearance, and in the area through which Thanh Hoa City Comprehensive Socio - Economic Development Project Page 14
the Project passes. Identifying the negative impacts of land acquisition and site clearance, and proposing mitigation measures, is essential to eliminate or reduce negative impacts. During project design, the resettlement consultant closely cooperated with the PPMU to minimize the impacts of the project on the lives of people in the project area. According to that, participation meetings with local authorities and people were organised to get ideas from them to develop the Project meeting the need of local people. To mitigate the impacts on these households, in project implementation process, the following mitigation measures have been and would be applied: First, in the finalisation stage of the route and preliminary design, appropriate technical designs and construction plans have been made to detour around residential areas. Avoiding impacts is the Project's most effective mitigation measure and avoids any original negative impacts. At the same time, the technical consultant recommended the different design models to the project communities for counseling and selecting, minimizing land acquisition and resettlement impacts. The mitigation measures proposed and selected for the project design include adjustment of road alignment to avoid dense resident areas, construction of drainage on the bed of road or sidewalk, acquisition of public land without structures thereon. If negative impacts on properties are unavoidable, adequate compensation plans will be made to at least cover or restore any damages. Second, in the early stages of the Project's design, activities for disseminating information about the Project, land acquisition, site clearance, compensation and resettlement have been widely propagated to gain people's participation and support. On the other hand, getting the right information from the initial phase will help people prepare spirit and facilities for expected impacts from the project. The RC conducted public consultations over the project sites to (i) publicize project information and (ii) publicize some projected impacts, land acquisition and compensation scale, compensation and support for production. After populating project information, many opinions were exchanged. In general, local people strongly supported the Project and hoped that it would be soon executed to solve the social issues during construction period. Third, the affected households are compensated according to the replacement cost (market price). Accordingly, an independent appraiser was hired to survey the replacement cost to ensure the entitlements of the affected households with a transparency, objectivity and fairness. Beside market price - basedcompensating, the affected households also get assistance depending on the level of impacts, socioeconomic situation of the affected households. Fourth, monitoring and evaluating activities (including internal and external monitoring and evaluating) are closely implemented during implementation of compensation, site clearance and construction. The independent monitoring and evaluating consultants are selected through bidding to carry out the duties of construction supervising and site clearance, mitigating the impacts arising from construction. Fifth, for the households with their trees and crops affected, they would harvest their fruits and crops before land acquisition. Sixth, for resettlement households, the project implementers have been co-operated with the stakeholders whom are responsible for management of the City s resettlement area to arrange the land lots and houses for relocated households. There are 5 resettlement areas will be chosen to resettle for the relocated households (including (i) Quang Hung Commune resettlement site,(ii) Resettlement Site in Dong Huong Urban area (iii) Thanh Hoa City Comprehensive Socio - Economic Development Project Page 15
Quang Thanh commune Resettlement Area, (iv) Quang Thang commune resettlement site, (v)resident area in Nguyen Trai road (intersect with the ring road under CSEDP) at Tan Son ward). Accordingly, the resettled people will still be able to live near the old place; the habits and the relationships with relatives, neighbors are remained, tumble and changes of the social structure will not happen. These resettlement areas will meet the full range of services and social infrastructure, and the demand for resettlement. Seventh, the majority of displaced households are low-income households without land ownership, belonging to the vulnerable group. The project could cause impacts on these groups, so in the process of project design, the consulting group specifically note, and prioritize choosing resettlement area, income restoration and stability for this group firstly. Eighth, to the agricultural and business households, beside the compensation according the replacement cost, the project will provide assistances such as livelihood stability assistance, support for vocational training and career change, income restoration of these households, etc. Ninth, the project will encourage the contractors to use the local labors in the project implementation process in order to raise jobs and income for people in the project area, especially poor households and directly affected households by the project. This term is specified in the bidding doccuments. Finally, in the next stage, there will be further comprehensive studies and recommendations for resolving negative social and cultural impacts, including avoiding the infiltration of social evils, decreasing traffic accidents after the Project in operation, etc. Specific action programmes and implementation mechanisms will be established to increase awareness, maintain accessibility to the existing systems, and enhance the benefits of the Project for the local people. Thanh Hoa City Comprehensive Socio - Economic Development Project Page 16
C. Scope of Land Acquisition and Resettlement 1. Methodology A complete census and detailed measure survey (DMS) was conducted in 1 ward and 6 communes from September to November, 2011. The DMS determined the corridor of impact (COI) by juxtaposing project technical design drawings applicable at the time with cadastral maps of each affected ward and commune. A preliminary list of affected land plots and their owners was accordingly derived from the cadastral records of each area. The DMS collected data on all affected land and assets (structures, trees, crops) as well as affected businesses by measuring and enumerating land and other assets with presence of affected households representatives. The collected DMS data of each household is recorded in one minute with signatures of task team members and household s representative.. The SES was conducted on a 100% relocated households, 20% of severely affected households, and 10% remaining households. No 2. Scope of Land Acquisition and Resettlement 2.1 Impacts on households According to DMS results of component 1 and 4, there are 853 households to be permanently affected by the project, of which 103 households are affected residential land with 69 households have to relocate, and 702 households are affected agricultural land with 559 households are affected 10% or more, and 48 households have to relocate graves. Among 853 AHs, there are 140 vulnerable AHs, of which, the poor households accounted for 53.6%, the households with invalid person or martyr accounted for 44.3% (details in Table 1). Project Ward/ Commune A. Component 1 HHs Relocated HHs Table 1. Summary of impacts In which Acquired Land (m 2 ) Business Residential Land Agricultural Land Pond/Lake Land Government Land TOTAL 1 Quang Hung 51 8-3,646.2 6,448.8 85.0 6,320.0 16,500.0 2 Quang Thanh 212 34 4 10,127.4 75,481.0 5,093.3 14,303.6 105,005.3 3 Dong Ve 196 - - - 102,841.6 20,363.6 33,658.2 156,863.4 4 Quang Thang 242 19 6 4,296.5 92,244.4-10,872.0 107,412.9 5 Dong Hung 16 - - - 8,184.5-384.3 8,568.8 6 Tan Son 27 8 10 944,6 26,434.4 5,071.0 7,675.1 40,072.0 Sub-total A 744 69 20 19,014.7 311,634.7 30,612.9 73,213.2 434,475.5 B. Component 4 1 Dong Cuong 109 - - - 50,383.7-1,167.0 51,550.7 Sub-total A 109 - - - 50,383.7-1,167.0 51,550.7 TOTAL (A+B) 853 69 20 19,014.7 362,018.4 30,612.9 74,380.2 486,026.2 Source: DMS Thanh Hoa City Comprehensive Socio - Economic Development Project Page 17
2.2. Impacts on Lands The Project will permanently acquire 486,026.2m 2 of legal/legalizable land which consists of 362,018.4m 2 of agricultural land, 30,612.9m 2 of pond/lake area, 19,014.7m 2 of residential land, and 74,380.2m 2 of public land. Most of the land acquisition concern is agricultural land (79.4%). Below is the summary of the total land acquisition for the components 1 and 4 by project location. 2.1.1. Impacts on Agricultural Land A total of 362,018.4m 2 of agricultural land is acquired by component 1 & 4. A total of 702 households (83.6% of total affected HHs) will lose agricultural land, of which 559 households are severely affected due to loss of 10% or more of agricultural land. The distribution of agricultural land losses are set out in the table below. No Table 2: Summary of Impacts on Agricultural Land Acquisition (m 2 ) Project Ward/Commune Component 1 Acquired Area (m 2 ) <10% 10% Acquired HHs Acquired Area (m 2 ) Area (m 2 ) HHs Acquired Area (m 2 ) Total 1 Quang Hung - - 6,448.8 10 6,448.8 10 2 Quang Thanh 55,516.1 46 19,964.9 113 75,481.0 159 3 Dong Ve 6,028.8 44 96,812.8 152 102,841.6 196 4 Quang Thang 4,149.7 29 88,094.7 165 92,244.4 194 5 Dong Hung 15.1 2 8,169.4 14 8,184.5 16 6 Tan Son - - 26,434.4 18 26,434.4 18 Component 4 Sub-total A 65,709.7 121 245,925.0 472 311,634.7 593 1 Dong Cuong 4,862.7 22 45,521.0 87 50,383.7 109 Source: DMS Sub-total A 4,862.7 22 45,521.0 87 50,383.7 109 TOTAL (A+B) 70,572.4 143 291,446.0 559 362,018.4 702 2.1.2. Impacts on Residential Land 103 households are expected to be affected by the acquisition of 19,671.3m 2 of residential land. Of which, 69 households are acquired all their residential land with total of 15,092.5m 2, and 34 households are partly affected with amount of 3,922.2m 2.. HHs Thanh Hoa City Comprehensive Socio - Economic Development Project Page 18
No Project Ward/Commune Component 1 Table 3. Summary of Impacts on Residential Land Acquisition (m 2 ) Fully affected Acquired Area (m 2 ) Acquisition Scope No. HHs Partly affected Acquired Area (m 2 ) No. HHs Total Acquired Area (m 2 ) Thanh Hoa City Comprehensive Socio - Economic Development Project Page 19 No. HHs 1 Quang Hung 1,862.5 8 1,783.7 3 3,646.2 11 2 Quang Thanh 9,119.4 34 1,008.0 16 10,127.4 50 3 Dong Ve - - - - - - 4 Quang Thang 3,227.4 19 1,069.1 14 4,296.5 33 5 Dong Hung - - - - - - 6 Tan Son 883.2 8 61.4 1 944.6 9 Component 4 Sub-total A 15,092.5 69 3,922.2 34 19,014.7 103 1 Dong Cuong - - - - - - Sub-total B - - - - - - TOTAL (A+B) 15,092.5 69 3922.2 34 19,014.7 103 Source: DMS 2.1.3. Impacts on Ponds/Lakes According to the DMS, total of 22 households have ponds (aquaculture areas, etc) with a total area of 30,612.9m 2 will be affected. Specific levels of impact are shown in Table 4 below: Table 4. Summary of Affected Ponds and Lakes No Project Ward/Commune Component 1 Affected No. of HHs Acquired Area (m 2 ) 1 Quang Hung 1 85.0 2 Quang Thanh 12 5,093.3 3 Dong Ve 3 20,363.6 4 Quang Thang - - 5 Dong Hung - - 6 Tan Son 6 5,071.0 Component 4 Sub-total A 22 30,612.9 1 Dong Cuong - - Sub-total A - - TOTAL (A+B) 22 30,612.9 Source: DMS
2.1.4. Impacts on Public Land Total public land area of 74,380.2m 2 will be acquired, of which 11,256.3m 2 is managed by state offices and 63,123.9m 2 is managed by communes and ward. Specific levels of impact are shown below: Table 5. Summary of Public Land Impacts No Project Acquired Area (m 2 ) Ward/Commune State Office Public Land managed Total Land by Commune or Ward Component 1 1 Quang Hung - 6,320.0 6,320.0 2 Quang Thanh - 14,303.6 14,303.6 3 Dong Ve - 33,658.2 33,658.2 4 Quang Thang 10,872.0 10,872.0 5 Dong Hung 384.3-384.3 6 Tan Son 7,675.1 7,675.1 Sub-total A 11,256.3 61,956.9 73,213.2 Component 4 1 Dong Cuong - 1,167.0 1,167.0 Sub-total A - 1,167.0 1,167.0 TOTAL (A+B) 11,256.3 63,123.9 74,380.2 Source: DMS 2.2. Impacts on Houses A total of 84 households were affected their houses due to land acquisition with a total affected floor area is11,697.6m 2. Of 84 those households, 69 households have to relocate, one household rebuilds house on the remaining land, and 14 households are fully affected their temporary houses which built on the affected agricultural land to control their crops, but they have other resident places. No Component 1 Project Ward/Commune Table 6. Summary of Impacts on Houses No. of HHs with their affected houses Relocated households of which Re-organized on the remaining land 1 Quang Hung 8 8-2 Quang Thanh 34 34 - Affected temporary houses without relocation 3 Dong Ve 4 - - 4 4 Quang Thang 25 19 1 5 5 Dong Hung - - - - 6 Tan Son 13 8-5 Component 4 Sub-total A 84 69 1 14 1 Dong Cuong - - - - Source: DMS Sub-total B - - - - TOTAL (A+B) 84 69 1 14 Thanh Hoa City Comprehensive Socio - Economic Development Project Page 20
2.3. Impacts on Other Structures The DMS iterated impacts of other structures. A summary of affected structures is presented in the table below. Table 7. Summary of Other Structure Impacts No Project Ward/ Commune Component 1 Toilet- Detached Kitchen- Detached Bath Room Thanh Hoa City Comprehensive Socio - Economic Development Project Page 21 Well Animal Stall Pavement Fence Grave Culvert psc m 2 psc psc m 2 m 2 m 2 pcs m 1 Quang Hung 9 36.2 4 1 21.7 2,004.7 1,280.0 127 773.0 2 Quang Thanh 16 137 14 26 443.3 3,589.0 5,217.8 - - 3 Dong Ve 2 34 2 5 359.6 491.3 2,910.3 5 510.0 4 Quang Thang 27 56.8 31 14-889.1 1,668.6-2,234.0 5 Dong Hung - - - - - - - - - 6 Tan Son 7 65.5 10 7 85.4 395.4 606-1,075.0 Component 4 Sub-total A 61 329.5 61 53 910.0 7,369.5 11,682.7 132 4,592.0 1 Dong Cuong - - - - - - - - - Sub-total B - - - - - - - - - TOTAL (A+B) 61 329.5 61 53 910.0 7,369.5 11,682.7 132 4,592.0 Source: DMS 2.4. Impacts on Trees and Crops A summary of the impacts on trees and crops is set out in the table below. Losses of individual APs are set out in an annex of the RP. No Project Ward/Commune Component 1 Table 8.. Impacts on Trees/Crops/Aqua Produce Cat 1 Cat 2 Cat 3 Cat 4 Cat 5 Paddy/Vegetable Tree m 2 1 Quang Hung 259 66 350 2 29 6,448.8 2 Quang Thanh 529 458 2,184 3 18 75,481.0 3 Dong Ve 5,029 4,552 3,198 8 102,841.6 4 Quang Thang 529 237 1,185 33 9 92,244.4 5 Dong Hung - - - - - 8,184.5 6 Tan Son 3,750 130 8,000 - - 26,434.4 Component 4 Sub-total A 10,096 5,443 14,917 46 56 311,634.7 1 Dong Cuong 10 15 20 - - 50,383.7 Sub-total B 10 15 20 - - 50,383.7 TOTAL (A+B) 10,116 5,473 14,957 46 56 362,018.4 Category 1: mango, coconut, milk fruit, longan, durian, sour sop, mangosteen Category 2: orange, lemon, guava, pomelo, apple, custard apple, plum Category 3: banana, dragon fruit, pineapple, sugar cane Category 4: ornamental plants Category 5: fuel wood trees, bamboo
2.5. Average Productive Landholding and Severity of Impacts A total of 702 households are affected by the loss of agricultural land. This represents 82.3% of the affected households. Quang Hung is the ward with the lowest proportion (19.6%) of households experiencing loss of agricultural land. The wards/communes with the highest proportions of households with affected agricultural land are Dong Ve, Dong Cuong, and Dong Hung with 100% of households affected, Quang Thanh with 75% of households affected. No Table 9. Households Losing Agricultural Land in Total Affected Population Project Ward/Commune Total affected HHs No. of HHs with No Impacted Agricultural Land No. of HHs with Affected Agricultural Land % of Agricultural Land Affected HHs Component 1 1 Quang Hung 51 41 10 19.6 2 Quang Thanh 212 53 159 75.0 3 Dong Ve 196 0 196 100.0 4 Quang Thang 242 48 194 80.2 5 Dong Hung 16 0 16 100.0 6 Tan Son 27 9 18 66.7 Sub-total A 744 151 593 79.7 Component 4 1 Dong Cuong 109 0 109 100.0 Sub-total B 109 0 109 100.0 TOTAL (A+B) 853 151 702 82.3 No Source: DMS Project Ward/Commune Component 1 Table 10. Severity of Land Impacts of the APs (rate %) 10-30% agricultural land NOT required to relocate 10-30% AND required to relocate 30-70% NOT required to relocate 30-70% AND required to relocate 70-100% NOT required to relocate 70-100% AND required to relocate 1 Quang Hung 7 0 2 0 1 0 2 Quang Thanh 66 0 45 0 2 0 3 Dong Ve 89 0 52 0 11 0 4 Quang Thang 67 0 71 0 27 0 5 Dong Hung 4 0 5 0 5 0 6 Tan Son 4 0 9 1 1 3 Component 4 Sub-total A 237 0 184 1 47 3 1 Dong Cuong 65 0 21 0 1 0 Source: DMS Sub-total B 65 0 21 0 1 0 TOTAL (A+B) 302 0 205 1 48 3 Thanh Hoa City Comprehensive Socio - Economic Development Project Page 22