world bankdocuments.worldbank.org/curated/en/690891468133546790/... · 2016-07-10 · khanh hoa...

WORLD BANKKHANH HOA PROVINCIAL PEOPLE'S COMMITfEE

Nha Trang Environment and Sanitation project Management Unit Washington D.C.

COASTAL CITY ENVIRONMENTAL SANITATION PROJECT (CCESP) NHA TRANG CITY SUB-PROJECT

CREDIT NO. 4253-VN

PACKAGE no. NT- 6.20.1A

SOCIAL AND ENVIRONMENT SAFEGUARD ASSESSMENT

FOR PHASE 2

REPORT

'RE'S"'IE1""1""1 E~1\II·""INr·r' PI "N' " . ~.,_ .J. . _.j ~ 1 I :4 iI, _.J f--\. 1 (Component 2 & 3 - Phase II)

....

NBA TRANG, January .. 2011

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http:NT-6.20.1Awb370910Typewritten TextRP385 v. 11

wb370910Typewritten Text

WORLD BANK KHANH HOA PROVINCIAL PEOPLE'S COMMITTEE

Nba Trang Environment and Sanitation project Management Unit Washington D.C.

COASTAL CITY ENVIRONMENTAL SANITATION PROJECT (CCESP) NHA TRANG CITY SUB-PROJECT

CREDIT NO. 4253-VN

PACKAGE no. NT- 6.20.1A

SOCIAL AND ENVIRONMENT SAFEGUARD ASSESSMENT

FOR PHASE 2

REPORT

RESETTLEME.NT PLAN

(Component 2 & 3 - Phase 1I)

PROJECT OWNER CONSULT ANT

NHA TRANG ENVIRONMENT AND SANITATION LAVIET INVESTMENT, ENVIRONMENT AND PROJECT MANAGEMENT UNIT INFRASTRUCTURE ENGINEERING J.S.C

(LAVIC)

http:RESETTLEME.NThttp:NT-6.20.1A

CONTENTS

Page

CONTENTS•.•••.••.•••••..••.••.•.••.•••.••.••••..•.•.••••.•••.•..•••••..•••••••••••.•••••••••••.•••••••••••••••••••• 1

EXECUTIVE SUMMARY •••.••.•••.••.•••••.••••••••.•••••••••••••••.••••..••.•••••..••••••••.•••••..•••••.• 8

1. OVERVIEW .••.••••••••••.•••.••.••.•••.••.•••••••••••••••••.••••••.•••••••••••.••••..•••.••••••••••••••••••••• 11

1.1. Project background ........................................................................................••... 11

1.2. fSu"ey and inventory .......................................•......•.........................................• 13

2. MITIGATION MEASURES •••••.•.••••••••••.•.•••••••••.••••.•••••.••••••••••.•.••••••••••••••••••••• 14

2.1. Objective ............................................................•................................................... 14

2.2. Proposal of mitigation measures ...................................................................... 14

3. LAND ACQUISITION AND RESETTLEMENT .................................. 16

3.1. Scope of land acquisition .............•..........•................•..•....•.....•...•...•..........•.....•... 16

3.2. Socia-economic information .............................................................................. 19

4. POLICY FRAMEWORK AND ENTITLEMENTS••••••••••••••••••••••••••••••• 22

4.1. Legal framework..............................................................•......•............................ 22

4.2. Eligible compensation ..•...................................•........................................•......... 26

4.3. Entitlement policy ...................................................................•............................ 27

5. RESETTLEMENT ARRANGEMENT ••.••.•.•••••••••••.••••••••••••••••••••••••••••• 34

5.1. Demand analysis .•...........................................•........................•.......................•.... 34

5.2. Public cons ultation .......•...................................................................................... 34

5.3. Development of the resettlement site ................................................................ 34

6. INCOME REHABILITATION PROGRAM......................................... 35

6.1. General ................................................................................•.............•.................... 35

6.2. Demand analysis ........•.......................................................................................... 36

6.3. Proposed program .................................................................•..............•.............• 36

7. IMPLEMENTATION ORGANIZATION............................................. 36

7.1. Responsibility of organizations ......................................................................... 36

7.2. Coordination regime ..•.....................................................................................•.. 40

S. IMPLEMENTATION PLAN•.•••••••••••.••.•••••••••.••••.••.•••.•••••.•••••.••••••.••.•••• 41

S.I. Main activities...........................................................................•...•..........•...•........ 41

S.2. Implementation plan ........................................................................................•.. 41

S.3. Implementation plan .....................................•........................•............................ 45

9. CONSULTATION AND PARTICIPATION ......................................... 46

9.1. Objectives .............•....................................................................•.........•................. 46

9.2. Public consultation and information dissemination ..................................... 47

10. GRIEVANCE REDRESS •.••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••.••••• 50

Coastal Cities Environmental Sanitation Project - CCESP Nha Trang City Sub-project - Components 2&3

10.1. ResponsibiJ,ities ..•................••.........................•.......................•...........•.................. 50

10.2. Procedure of complaints.......•.............................•..........•.................•..•............... 51

11. MONITORING AND EVALUATION •••••.••••••••••.•••••.••••.•••••••••.•••••••.••••. 51

11.1. Objectives ....•......................................................................................................... 51

11.2. Internal monitoring ...................................................................•......................... 52

11.3. External monitoring ................•......................................•.................................... 53

12. COST ESTIMATION ••••••••.••••.•••••..••.••.•••••••.••••••.••.••••••••••••••••••••••••••••••• 54

12.1. Replacement cost survey .................................................................................... S4

12.2. Cost estimation ..................................................................................................... S5

ANNEX•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 61

LAVIC - 01/2011 Resettlement Action Plan -2


Annex 1

Annex 2

Annex 3

Annex 4

Annex 5

ANNEXES

Entitlement Matrix

Average used area ofhouseholds in the affected area

Summary of affected households

Minutes ofPublic Consultation Meetings

Related diagram, drawings


Coastal Cities Environmental Sanitation Project - CCESP Nha Trang City Sub-project Components 2&3

ABBREVIATIONS

Affected Household

CPC Commune People's Committee

Centre Project Office

DMS Detail measure survey

Oi .1. ..l .1 . -c p~upu;;

, Iccc

Comm

City Compensation Committee

r. .. l~l'Ition and resettlement action

GOVN VietNam Government

IMO Independent monitoring Organization

n ..: eli .1. L .L ,JeI~.1 IVJI;;"'~ ..

PMU Project management Unit

PPC Provincial People's Committee

Resettlement Policy Framework

RAP Resettlement Action Plan

RS Resettlement Site

eRC Compensation, Assistance and Resettlement Committee

CCESP Coastal cities environmental sanitation project

WB Bank

LAVIC 01/2011 Resettlement Action Plan -4

Coastal Cities Environmental Sanitation Project. CCESP

Nha Trang City Sub·project - Components 2&3

DEFINITION OF TERMS

Displaced Person (DP)

Impacted communities

Resettlement Assistance

Cut-off date

Detailed Measurement Survey (DMS)

Entitlement

Host community

Income restorationlLivelihood

Tenn used in OP 4.12 of the World Bank. Means any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have their or its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, pennanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement.

In the case of a household, the tenn affected household includes each member residing under one roof and operating as a single economic unit, who is adversely affected by a project or any of its components.

The impacted communities by the project including:

(i) Communities impacted by land acquisition, whether anybody will be relocated or not;

(ii) Communities will be receiving relocated households, so called "host communities".

Means additional support provided to DPs losing assets (particularly productive assets), incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life.

The cut-off date of the project is the date of issuance of the notice on land acquisition No 22S/TB-UBND by PPC (on June, 30st, 201 0) infonned to the local people. Displaced Persons and local communities were infonned of the cut-off date, and anyone moving into the Project Area after that date will not be entitled to compensation and assistance under the Project.

Means the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of DPs earlier done during the preparation of the final RAP.

Means the range of measures comprising compensation, assistance, including income restoration support, transfer assistance, income substitution, relocation support and resettlement which are due to the DPs, depending on the type and severity of their Josses, to restore their economic and social base.

Means the community already in residence at a proposed resettlement site.

Means the re-establishment and improvement of sources of

LAVIC - 0112011 Resettlement Action Plan -5


improvement

Inventory of Losses (IOL)

Land recovery

Relocation! Resettlement

Replacement Cost

Replacement Cost Survey

Severely Affected Person

income and livelihood ofrelevant OPs.

Means the process of identification, location, measurement and valuation of replacement cost of all fixed assets that will be recovered or adversely affected by or as a result of the project. These include, (without limitation or being an exhaustive list) lands used for residence, commerce, agriculture, ponds; dwelling units, stalls and shops, other structures, such as fences, tombs, wells; trees with commercial value, sources of income and livelihood. It also includes the assessment of the severity of the impact of land and property on the affected assets and the severity of impact to the livelihood and productive capacity ofOPs.

Means the processes by which all or part of land and property owned, possess, occupies or uses, are compulsorily recovered or otherwise acquired from an individual, household, firm or private institution by the State or are acquired by agreement.

Means the physical relocation of a OP from the OP's pre-project place of residence and/or business.

Means the amount calculated before displacement which is needed to replace an affected asset without deductions for depreciation, salvageable materials, taxes, and/or costs of transaction as follows:

(i) Productive land (agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales of comparable land in the district and other nearby areas, and in the absence of such recent sales, based on productive value;

(ii) Residential land based on market prices that reflect recent sales of comparable houses and residential land in the district and other nearby areas, and in the absence of such recent land sales, based on sales in other locations with similar attributes;

(iii) Houses and other related structures based on current market prices of materials and labor neither depreciation nor deductions for salvaged building materials plus fees for getting the ownership papers;

(iv) Standing crops equivalent current market value of the crop at the time ofcompensation;

(v) Perennial crops and trees, cash compensation equivalent to current market value given the type, age and productive value (future production) at the time ofcompensation.

(vi) Timber trees, the price that would currently be paid for the tress on the nearest market based on the diameter of each tree at breast height.

Means the process involved in determining the replacement cost of land, houses and other affected assets based on surveys.

Means DPs who will (i) lose 20% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 20% or more oftheir total income sources due to the Project.

LAVIC - 01/2011 Resenlement Action Plan -6


Vulnerable People Means individuals or distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of land and property recovery or resettlement and specifically includes: (i) female headed households with dependents, (ii) disabled individuals (iii); (iv) households with disabled persons, (v) households falling under the current MOLISA benchmark poverty line, (vi) children and elderly households who are landless and with no other means of support, (vi) landless households, (vii) non-integrated ethnic minorities.


Coastal Cities Environmental Sanitation Project - CCESP

Nha Trang City Sub-project - Components 2&3

EXECUTIVE SUMMARY

Introduction

1. This Resettlement Action Plan (RAP) is developed for Components 2&3, Phase 2 -Nha Trang City Subproject. The RAP will include the results of socio-economic survey (SES); detailed measurement survey (DMS); methods to determine replacement costs (unit prices), actual compensation rates and specific entitlements; description of resettlement site and rehabilitation programmes; implementation schedule and cost estimation for the whole Component 2& 3.

Land Acquisition Scale and Impacts

2. According to the design of Fichtner Consultant, the project scope will include wastewater treatment system for wards, communes of Nha Trang city. Land acquisition for construction of two treatment plants in 02 communes (Phuoc Dong and Vinh Ngoc).

3. Total number of AHs is 62; of which 29 households must be relocated. The socioeconomic surveys show that all affected households are Kinh people and not any ethnic minority is affected by the Project.

Measures to Minimize Land Acquisition

4. During the project preparation, a close co-ordination between Technical Consultant (Fichtner) and Social Safeguard Consultant (Lavic) to promote the effectiveness of the investment project and (ii) minimize the land acquisition.

5. During the process of socio-economic survey and consultation of the project affected community, the Consultant Team took measures to minimize project impacts (by means of setting up proper resettlement and compensation alternatives and residents' consensus towards the Project), which include the propaganda and community meetings to introduce the basis project information and the roles of residents during the project preparation and implementation stage as well. Simultaneously, a mitigation plan of temporary impacts in the construction stage was studied and proposed to avoid or minimize the same impacts in the next stages.

Policy Framework and Entitlement

6. The basic principle applied for the RAP preparation is that the affected households shall be compensated and assisted together with their best efforts to better or at least improve their living standards, their earning capacity and productivity is same as to those in preproject period.

The cut-off date of the project is the date of issuance of the notice on land acquisition No 225rrBUBND by PPC (on June, 3051, 2010) intonned to the local people. Displaced Persons and local communities were infonned of the cut-off date, and anyone moving into the Project Area after that date will not be entitled to compensation and assistance under the Project.

LA.VIC - 0112.011 Resettlement Action Plan -8


Rehabilitation Program

7. The Rehabilitation Program is one of the important activities in the implementation process of compensation and resettlement. Some programmes are introduced in the project as vocational training, credit ... which helps AHs; especially relocated DPs improve their living condition after resettlement process.

Institutional Arrangement

8. The responsibilities of the government and agencies from the central to local level will be described in detail in Decree No.197IND-CP-2004 and 84IND-CP-2007.

9. The Resettlement Committee (RC) of Nha Trang City is responsible for conducting DMS, pricing, compensating and land clearance, in which PMU is one of standing members, Deputy Chainnan of Nha Trang City takes charge as Chairman of the RC, other members are representatives from Department of Finance, Department of Natural and Environmental Resource, Department of Construction, and related Ward PCs.

Implementation Plan

10. The RAP will be implemented and completed before the construction of the project

works. As estimated, AHs will be compensated and displace to new place since October, 2010.

Consultation and Participation

11. The project entitlement policy in this resettlement plan has been developed with the close cooperation of local authorities, local community-based organizations, and project affected persons to maximize their participation in the RAP formation and implementation. The local authorities, local community-based organizations (CBOs), and all relocated AHs were surveyed by questionnaires. Separately in the consultation meetings, all households in the affected area participated to get the project infonnation, project impacts and propose their recommendations to plan for their new living arrangement.

12. The information obtained during public consultation is not only useful for completing the resettlement plan policy but also assists for setting up of compensation options in the implementation process.

13. Community consultation will be conducted during project implementation as well as after 6 months since the implementation of the compensation plan. The consultation is to assess the income recovery ability (the affected households), and the ability to adapt to new living environment of the resettlement households. These factors must be equal or better than those before of the households.

Monitoring and Evaluation

14. The implementation of the detail resettlement plan will be monitored and examined internally by the RC and PMU. At the same time, an independent monitoring organization will be employed to monitor the RAP implementation and evaluate the AP's living standards after resettlement.



Grievance Redress

15. According to Land Law in 2003 and Decree No. 197/2004IND-CP, the complaints will be solved based on 3 procedures before the final adjudication in the court following the resettlement policy framework. The complaints, settlement and procedures will be conducted as follows: (i) Firstly - at People's committee of commune (ii) secondly - at People's committee of districts; (iii) thirdly at Provincial People's Committee; and (iv) finally, - at Court.

16. Local authorities of all levels and the project officials will settle complaints from DPs and AHs timely and fairly. AHs and DPs will not have to pay any administrative and legal fee to solve complaints and lawsuits.

Cost estimation and budget

17. The total cost estimate from the implementation to completion of the RAP is about VND 14.718 billion. This includes compensation and allowance costs for project-affected land and architectures, rehabilitation program, transition assistance, monitoring, evaluation, administrative management and contingency cost.


Coastal Cities Environmental Sanitation Project· CCESP Nha Trang City Sub-project Components 2&3

1. OVERVIEW

1.1. Project background

1.1.1. Introduction

1. The Rapid urbanization process has lead to the overload of containing ability and self

treatment of the natural environment, such as wastewater, domestic solid waste, etc ... which

are the cause of local environmental pollution, affecting environment and public health. The

Viet nam Government has requested support from World Bank for Environmental Sanitation

Project which is similar to the project implemented in Ho Chi Minh city. However, in this

project, component of solid waste management is added. This is one of important projects

aiming at improving environment and living conditions of the local people.

2. In this circumstance, the Government of Viet Nam has prepared the project to improve

environment with the function of collecting, transporting and handling domestic solid waste,

wastewater efficiently, enhancing equipments and metarials, capacity for URENCO, ensuring

the sustainability ofthe project.

3. Environmental sanitation project is implemented in three cities and referred to as

Coastal Cities Environmental Sanitation Project (CCESP), including the cities ofNha Trang -

Khanh Hoa, Quy Nhon City - Binh Dinh and Dong Hoi City - Quang Binh Province to

improve environmental sanitation with the function of storm water drainaeg, collection,

transportation and treatment of solid waste, domestic solid waste effectively, and enhance

equipment and capacity for Urban Environment Company, ensures the sustainability of the

project, and the support of the people for the project area. For subprojects ofNha Trang City,

Phase II, specific targets for components 2 & 3, may be summarized as follows:

4. Considering this problem, the Government of Vietnam (GOV) has prepared

environmental sanitation projects with the function of collecting, transporting and handling of

solid waste activities, waste water effectively, improvement of household's sanitary

conditions with small loans to build septic tank, improve solid waste management system and

strengthen solid waste facilities, the capacity for Urban Environmental Company, ensuring the sustainability of the project. Three cities, including Nha Trang - Khanh Hoa, Quy Nhon -

Binh Dinh and Dong Hoi - Khanh Hoa have been selected and named as the Coastal Cities Environmental Sanitation Project (CCESP).

5. For Nha Trang City Sub-project, the specific objectives of components 2&3, phase II

include:

;;... Improve environmental sanintation condition by constructing two wastewater

treatment plants in the North and the South to treat water meeting discharge standard

QCVN 14: 2008IBTNMT and TCVN 5945:2005, column B;

;;... Enhance capability of collecting, transporting and handling solid waste according to

environmental standard on sanitary solid waste treatment;

LAVIC 01/2011 Resettlement Action Plan -11

};»


Enhance vehicles, equipments to serve management, maintainance of wastewater treatment system, solid waste collection, transprotation and handling system;

};» Enhance the mangement capacity of solid waste, training to enhance professional

qualification, capacity of organizational structures and legal system.

};» Contribute to the completion and development of infrastructure, creating urban

landscape to meet the development demand of the city.

6. Scope of the project: The Project is implemented in the whole Nha Trang city including

17 communes. The area of the City until year 2025 is 30.313 ha, of which, the urban area is

4.500 ha. The estimated population of inner city is 540.000 people in year 2025.

7. Project scale: Components and investment distribution of the CCESP - Nha Trang City Sub-project are shown as follows:

Table 1. Investment components - Nha Trang City sub-project

Item Investment (1000 USn)

Phase 1 Phase 2 l

. Totalf --3

Component 1 5,659,312 18,888,079

Component 2 ° Component 3 5,440,126

Component 4 2,169,477

Component 5 234,001

Component 6 4,561,200 8,921,200 I Total 18,064,116 65,427,548

~.'._n.""_',".._.~~_~~"O .',. '_'~_'0_

Contingency 1,244,295 5,180,076

Total 19,308,411 51,299,213 70,607,624

VAT 1,702,925 6,406,783

Total 21,011,336 77,014,407

(Source: Nha Trang City Environmental Sanitation Project Management Unit)

»- Component 1 - Flood control, draiange and wastewater collection: investment in draiange and wastewater collection system, pumping station and household

connection;

» Component 2 - Wastewater treatment plant: Investment In construction of 2 wastewater treatment plants in the North and the South;

» Component 3 - Solid waste management: Completion of Luong Hoa landfill, construction of some transfer station and provision ofwaste collection equipments;


Coastal Cities Environmental Sanitation Project - CCESP Nha Trang City Suh-project- Components 2&3

Component 4: Resettlement: this component will be carried out to provide and divide land into plots for housing construction and carry out the resettlement for people affected by the Project. The land scale for building a resettlement area has been completed.

~ Component 5 - Revolving fund and School sanitation program: More construction of sanitation works for schools in phase 1;

~ Component 6 - Project implementation and capacity building for related agencies.

1.1.2. Scope o/works

8. The project is proposed to be implemented in 8 years, beginning from year 2007 to 2014 and divided into 2 phases: Phase 1 from 2007 to 2012, phase 2 from 2008 to 2014. The resettlement plan is focused for component 2 and 3 ofthe Project.

Component 2: Wastewater treatment plant: The wastewater treatment plants are located in Xuan Ngoc village, Vinh Ngoc commune with capacity of 20,000m3/day and Phuoc Dien village, Phuoc Dong commune with capacity of 60,000m3/day using oxidation ditch technology. The treated water quality meets the current environment standard.

Component 3: Solid waste management: including (i) expansion of Luong Hoa landfill, (ii) Construction of waste transfer stations in the city; (iii) enhancement of equipments, vehicles for management, maintanance of solid waste management system and wastewater treatment system; enhancement of solid waste management capability, training for improving qualification and management capability for related agencies. The completion of transfer station and sanitary landfill will solve problems of waste, contribute to improving environmental sanitation conditions.

Map ofthe whole project is attached in annex.

1.1.3. Main assignments

9. The objective of this report is to minimize the involuntary resettlement by adjusting the location and size of the proposed works. Main principles to prepare the RAP report are:

-/ Reducing land acquisition and resettlement and;

,/ Carrying out the compensation and assistance to resettlement to ensure the living standards of project affected persons at least are the same as their previous living standards before the project implementation.

1.2. ISurvey and inventory

10. During the period from 7/9/2009 to the end of 3013/2010, the resettlement consultant team (Lavic) conducted a socio-economic survey and inventory of project affected

land/assets. As a result, 62 households will be affected residential land and agricultural land, of which 29 households will be relocated. In the socioeconomic survey and preliminary inventory of assets, 56 households out of 62 households participated in the community consultation.


Coastal Cities Environmental Sanitation Project - CCESP Nha Trang City Sub-project- Components 2&3

11. In addition, the project information booklets have been prepared and delivered to households during the survey, whereby they understand the project basic information and benefits. The results of socio-economic survey as well as inventory and measurement of affected assets are shown in the following section of the report.

2. MITIGATION MEASURES

2.1. Objective

12. The first principle ofthe policy framework agreed by WB is to avoid or mitigate impacts on resettlement and land acquisition (If any). If such mitigation is not feasible, satisfactory measures to compensation, assistances should be applied for the project affected persons.

13. As unified in the implementation principles of the Coastal Cities Environmental Sanitation Project, the resettlement and land acquisition should be minimized. Nha Trang ESP-PMU and related authorities have made efforts to minimize impacts on land acquisition since the initial stage of project design and completion of investment report; therefore, the impact scale on resettlement is limited.

14. Among the project components 2 & 3, only component 2 has direct land acquisition. For component 3, all impacts on local people were compensated in phase 1. However, there are 8 households living in the buffer area of Luong Hoa landfill will have to relocate to the resettlement site to ensure the safety distance on environment for them. In component 2, land acquisition is unavoidable because it is necessary to build two wastewater treatment plants in the North and the South. Accordingly, wide-range consultations between the resettlement consultant team and local authorities, community-based organizations and especially households, who affected by the project, were organized to minimize resettlement impacts. The agreed instruction principles are attempts to finalize optimal options and solutions to avoid moving residents from their existing shelters.

2.2. Proposal of mitigation measures

15. During the project design, the resettlement consultant closely cooperated with the technical consultant (Fichtner) in an attempt to minimize project impacts, thereby, the location of the treatment plant is selected with the consultation to community and local government in order to reduce impacts on local people. Then, affected households will be temporarily affected on environment and sociality during the construction. The number of temporarily affected households is very small as the construction location of the treatment plants are rice field with a few households living around this area. Several households who are living within construction area and buffer area of the treatment plants must be relocated. Therefore, in order to minimize impacts on those families, including households whose

houses are partly or indirectly affected during the construction, the resettlement consultant team took the following mitigation methods:

./ Firstly, the first action of project impact mitigation is to help households get information of project locations and interests as well as its estimated impacts in order to establish together a suitable policy framework for minimizing impacts. On

LAVIC - 01/20'11 Resettlement Action Plan -14


the other hand, grasping infonnation right from this period, households will have spiritual and material preparation for the impacts expected in the construction. The resettlement consultant team conducted public consultations over the project sites to (i) publicize project infonnation and (ii) publicize some projected impacts, land

acquisition and resettlement measures. After the project infonnation, many opinions were exchanged. In general, local people supported the Project and hoped that it will be soon executed to solve the social issues during construction period .

./ Secondly, the design of two treatment plants is studied and selected to minimize direct impacts on households living in or nearby the construction site of two planned treatment plants, especially, households living on two road sides to the treatment plant. However, in order to minimize impacts on households living on road sides, the resettlement consultant team consulted with households to encourage their supports for the construction process. Some temporary impacts (on traffic, business, etc.) will be minimized by the Contractor though a close cooperation with the community, based on notifying the construction plans in order that residents can make necessary and suitable arrangements; preparing signal, fence, etc to minimize affects on traffic, business and production of households .

./ Thirdly: In Pre-FS report of the sub-project, technical consultants in close coordination with the PMU consulted the local authorities of all levels to detennine, study proper alternatives. One of the criteria for selection and replacement is to minimize the land acquisition. The Fichtner consultant has carried out some measures to avoid unreasonable land acquisition such as selection of the area and location of treatment plant, technical option applied to wastewater treatment plant,

green tree belt surrounding the treatment plant, buffer area for the construction site, etc. In areas where the land acquisition is unavoidable, the consultant arranges the project in public land area or land of commune, or the area where project beneficiaries are impacted not much, the land area having low economic value and suitable with design and general planning will be selected. These are options to minimize the land acquisition and resettlement for the local people in the proposed project area.

16. Requirement on applying mitigation measures proposed in the detailed design stage, specific mitigation options will be reviewed and proposed more detailed in accordance with the design ofeach component and location of the treatment plant.

17. No affected household who is ethnic minority in the project area, no cultural, historical

assets are affected in the project area.

LAY'C. - 01/2011 Resettlement Action Plan -IS


3. LAND ACQUISITION AND RESETTLEMENT

3.1. Scope of land acquisition

3.1.1. Project location

18. As for components 2 & 3 - phase 2 of the Nha Trang City Environmental Sanitation

Project, component 2 includes two wastewater treatment plants in the North and the South of

Nha Trang city, the construction site of the treatment plants will be acquired. As for the buffer

area of the wastewater treatment plants (about 150m from the fence of the treatment plant),

the land acquisition is not necessary but households living there (if any) must displace to the

approved resettlment area; For component 3 - solid waste management, all impacts on local

people were compensated in phase 1. However, 08 households living in the buffer area of

Luong Hoa landfill area must relocate to the resettlement site to ensure the safety distance on

environment for them. These households are included in this RAP.

3.1.2 Impacts

Affected households

19. Component 2 and 3 will have impacts on 62 households, of which 04 households are

affected less than 20%, 29 households affected over 20% of total agricultural land holding,

and 29 HHs to be relocated. Of 29 these HHs, 11 HHs are living in the area of the treatment

plant in the North, 10 households living in the area of the Southern WWTP and 8 households

living in the area of Luong Hoa landfill site, Vinh Luong commune. Table 2 is summarized

number of affected households.

Table 2. Number of affected households ,

Affected residential land Inon- I Affected agricultural land (UH)

agricultural (HH) TotalNo : Item (HH) , P

Total' artly

Displacedl totally

affected HHs

affected

......................•.............: ............................................. .

i

Total: Affected

HH

I


Affected residential land Inonagricultural (HH)

Affected agricultural land (HH)

Item

LuongHoa landfill, Vinh Luong

Total i Displacedl (HH) : , Partly i totally, ,

Total . Total : , affected, affected i

~--.~.-.--•• -j .~----.~, " ~,,; ~----.!!~!---.--! ---..-~..-~ --.---~-~

8 8 o 8

62",-"""';~,",~,~..,;.;;...,' ~,--.'';'';'..,':';' ,,::!:,......:] >.,~,:-";"'j

Affected HHs~O%

o

Affected area

20. According to the technical design, the Project will be implemented in 18 communes.

However, the land acquisition is only deployed in the area of three (03) communes including

Phuoc Dien village, Phuoc Dong commune; Xuan Ngoc village, Vinh Ngoc commune and Luong Hoa village, Vinh Luong commune.

Land acquisition scope

21. The land acquisition area is 104.240m1 of which the acquired land for core zone is 97,627 ml, the acquired land area for buffer is 6.613m1 • The land acquisition will be carried

out by Nha Trang Environmental Sanitation Improvement Unit. The area is mainly

agricultural land, the remaining area is land for other purposes. The area affected by the

construction of two treatment plants and one landfill is listed as follows: ./' The treatment plant in the North: About 26.113 m2 in the core area of which 25,586

m2 of agricultural land and 5,248 m2 of residential land in the buffer zone .

./' The treatment plant in the South: The acquired land in the core area is 71.514m2 of agricultural land and 815 m2 of residential land in the buffer zone .

./' Luong Hoa landfill: The acquired land in the buffer area is 550m2 of residential land.

Affected land

22. In component 2&3 of the project, phase II, impacts relating to the land acquisition and site clearance is shown in the following table:

Table 3. Land acquisition area on tbe construction site " .•... __..__..........,

Affected residentialland/non Affected agricultrualland area Items agricultural land (m

2) (m2)

No of Totally Affected Displaced/work

Total HUs affected HHs

Total displaced/affected ~__~O~_ .' ... _!!!!~_.~oo~J

A Component 2: Wastewater treatment plant

Wastewater treatment plant in the North, Vinh Ngoc commune

527 527 64 25,522



Affected residentiallandlnonagricultural land (ml)

Totally displaced/affected,

Affected agricultrualland area (ml)

Affected Displaced/ Total HHs affected

Partly affected HHs ' ._~9~ .......,.....!!!!~ .. ~9~._ .. ,

Buffer 5,248 5,248

Wastewater treatment plant in the South, Phuoc Dong commune

Core zone

71,514

Buffer i 815 zone i

Component 3: Solid waste management

o

o

70,045

o

~.------.-"--------"-~-'---~--~--.----' ~-~-"~!------"

Luong Hoa landfill, Vinh Luong commune

I o I

1 -_.,..,.........,.___...__1·

__.. ,.....__......__._J 527 o 95,567

o

Affected properties

23. The survey results show that about 2,023m2 of houses and 454m2 of yards and fence are affected by the project. No auxiliary works or shops are affected. The details are shown in

table 4.

Table 4. Affected properties

Area of acquired architectural works (ml)

ProductionNo. Items Auxiliary and trading Yard

works places

A Component 1: Rainwater drainage, jIood control and wastewater collection

Wastewater treatment plant in the 758 348 N.~!l~L:y!~~,().~.~.~I!!!!!~IJ~.,._ ......,,; 'm" ••• _ ••



Area of acquired architectural works (ml)

Items House '

Wastewater treatment plant in the I South in Phuoc Dien village, . 815

......!'-~~~£J?_~P:g..~~.!!!!!!~~e::__ .... _.. I Component 3: Solid waste management

Auxiliary works

Production and trading

places Yard

----.-----.--.-~-----------..-------.-----~---~.---- - ---Luong Hoa landfill, Vinh Luong

Affected Trees! Crops

24. For the component 2&3, Phase II, there is no impact on, crops on the acquired area because households will have harvested their products before construction; it should be

notified publicly to the affected households to minimize impacts on crops when carrying out

the site clearance.

Affected Public Works

25. No public works or cultural works are affected by the Project.

3.2. Socio-economic information

3.2.1. Demographic characteristics

26. Population: Total number of surveyed households in the project affected area is 56 households with 251 persons of Vinh Ngoc, Vinh Luong, Phuoc Dong commune. Number of people per household on average is 05 people. It shows that households in project areas are nuclear families with two generations of parents and children living in the same family is common in the project area. Type of traditional families with three and four generations of grandparents, parents, children appears not much in the project area.

27. Age: The average age of interviewees is 55. The age of the interviewees varies from 2575 (Vinh Ngoc commune) and 41-90 years old (Phuoc Dong), the highest rate at Phuoc Dong

is 46 - 60 (53.8%) between ages of over 61 (42.3%) is the highest rate in Vinh Ngoc

commune. The number of working age persons occupies a high rate in the project area

Therefore, the acquisition ofagricultural land in the two areas mentioned above will appear an

abandunt labour force in the agricultural sector in the project area

28. Resident status: According to the survey results, households moved to live in this area

before 01107/2004, This area, formerly was the shrimp pond, rice field and reclaimed land.

LAVIC - 0112011 Resettlement Act;on Plan -19


Only several new households are living there due to the transfer and selling land between households.

29. Occupation: Number of employees on average in households is 03 people. The survey

results shows that the main occupation of households with acquired land in the North and the South is agricultural cultivation - creating the main income of most households. Some households do small serviceslbusiness or work in the state agencies. The rate of households working in agricultural production accounts a high proportion of 88.5% in Phuoc Dong commune (mainly the aquaculture) and 77.3% in Vinh Ngoc commune (mainly rice

cultivation 1 - 2 crops per year). For Vinh Luong commune, most households work in agriculture in combination with employment, specifically:

Table 4a. Jobs of affected households

No. Commune

30. Income: The average income level of people living in the area of two WWTPs is relatively uniform. In the North WWTP, the average income of affected households is about

1,695, 455 VND/monthlhousehold, and 1, 803,846 VND/monthlhousehold in the South WWTP. For Vinh Luong commune, it is about 798,750 VNDlhouseholdimonth. These are

poor households or policy houseolds. The average income level of residents in the area of 2 treatment plants is 1,754,000 VNDlhouseholdlmo.nth. It is shown in the table below:

Table 4b. Average monthly income of affected households

Vinh Luong Total

commune...._......_~._w__..___www••••• __~"'_'W~W_'_""_'No. Income

RateRate HHsHHs HHs J~) .. , ... L~l.._.

1,500,000 11

2 1,500,000 - 2,000,000 9

.. -' 2,000,000 - 5,000,000

> 5,000,000

Total 22

6 Average income

Vinh Ngoc commune

Phuoc Dong .w._~_..__

40.9

4.5

1,695,455

9

12

4

34.6

46.2

15.4

3.8

100.0

1,803,846

8

o o o 8

100.0 28

798,750 1,717,857


Coastal Cities Environmental Sanitation Project- CCESP Nha Trang City Sub-project - Components 2&3

usehold's· expenditure: Expenditure for daily activities of households is below 1,500,000 VND/month, accounting for 23.2%; from 1,500,000 - 2,000,000 VND/month, accounting for 60.7%; from 2,000,00 - 3,000,000 VND/month, accounting for 7,1%, from 3,000,000 VND or higher, accounting for 8.9%. The decisive person in expenditure of households according to the survey is wife (58.5%), husband (40.8%) and others (0.4%) (children, parents, etc ...).

32. Savings: Among the surveyed families, 66.1 % of households said they have no monthly savings and those with savings of less than 1,000,000 VND/month is 10.7%, from 1,000,000 - 2,000,000 VND/month (16.1%); 2,000,000 - 3,000,000VND/month (5.4%) and 1.8% of households having savings of 3,000,000 VND/month.

33. Poor households: According to socio-economic survey, there is no poor household according to standard of Ministry of Labor, War Invalids and Social Welfare (below 260,000VND/monthlperson). However, there are 2 households in the North WWTP and 3 ones in the South WWTP who are classified as being close to poor. There are 8 households facing difficulty in the area of Luong Hoa landfill. Therefore, number of househods supported in the RAP 2&3 is 13.

34. Education level of the household owners is secondary school (21 %), high school (25%), college and university (14%). The rate of after-university is only 3%. The remaining is other levels or no answer.

35. Gender and vulnerable group: The interviewees rate of man and woman is unifom (48.2% and 51.8%), majority is in the ages of20 - 40 (42.1%) and 41- 60 (53.6%). There is no gender inequality in the project area.

36. Poverty incidence: Of total surveyed households, only 5 households have economic difficulty, no AH is poor.

37. Land use status

38. Regarding land use status, most of the surveyed households are title to their land. Regarding the legal status of affected land, the survey data shows that 73.8% (41 households) said their land is legaJly and 26.2% (15 households) answered their land can be legalized.

39. The investigation results in the project area show that the purpose of housing use is mainly for living (94.6%), and in combination with small business is 5.4%.

3.2.2. Living conditions

40. AHs in the project area have the stable living conditions. The rate of people using clean water is 85.6% in Vinh Luong commune, 89.1 % in Vinh Ngoc commune, and 86.4% in

Phuoc Dong. The clean water supply in project communes is not sufficient due to a number of households living in scattered and remote areas. They have no conditions for installation of

water supply system. They use rain water for drinking and eating and welJ water for bathing and washing and other purposes. Regarding the use of electricity, all households are using the national power grid.

LAVIC - 01/2011 Reseulement Action Plan - 21


to 89.5% households have television; 72.6% households have motorbike; 69.4%

households have cell phone and fixed phone, 82.,8% households have video casseette, radio, etc; 100% households have electric fan.

42. The health care services: the project area has sufficient clinics, health centers, some private clinics with dedicated and modem equipment to ensure the disease examination, treatment and prevention. However, when being asked about going for periodical medical examination, most households (53/62) (accounting for 85.5%) said that they only go to the medical centers when they are sick or in need of medical certification. Number of the remaining households goes for regular health check due to their high age, or the policy of their agency.

4. POLICY FRAMEWORK AND ENTITLEMENTS

4.1. Legal framework

4.1.1. Leglll documents

43. The following legal documents are bases for the preparation ofRAP:

Policies of Vietnam Government: Some main policies applied in this RAP are defined and listed as follows:

}i> Land Law passed by National Congress on 26th November 2003;

}i> Government's Decree No. 181/2004INB-CP dated 29th October 2004 on the implementation of Land Law;

}i> Government's Decree No. 197/2004INB-CP dated 3rd December 2004 on compensation, assistance and resettlement when land is acquired by the State;

}i> Decree No. 17/2006INB-CP dated 6/2/2006 of the Government on amending and supplementing some clauses of Decrees on guiding the execution of land law.

}i> Government's Decree No. 17/2006/NB-CP dated 27th January 2006 on amendments and supplements to some articles of Decree guiding the implementation of Land Law;

}i> Government's Decree No. 84/2007NB-CP issued on 25th May 2007 on supplementary regulations on granting land use certificate, orders and procedures for compensation, assistance and resettlement when the State acquires land and settling complaints on land;

}i> Government's Decree No.69/2009IND-CP dated 13 August 2009, regulating additional planning of hind use, land prices, land acquisition, compensation, assistance and resettlement;

}i> Document No.840ffTg-CN dated 06 June 2006 approving the Resettlement Policy Framework Environmental Sanitation Project;

by of

the Prime Minister, The Coastal Cities

LAVIC - 0112011 Resettlement Action Plan - 22


}> Announcement No. 267/TB- UBND dated 311712009 of Khanh Hoa Provincial People's Committee on the land acquisition policy to implement phase II ofNha Trang Environmental Sanitation Project;

}> Decision No.1 0112009/QD- UBND dated 2111212009 of Khanh Hoa Provincial People's Committee promulgated regular of the compensation and assistance and resettlement for land acquisition in Khanh Hoa province;

}> Decision No.30/2005/QD-UBND promulgating the provision limit of residential, agricultural land and the recognization of land in case of a paracel

land with garden, pond for households and individuals in Khanh Hoa province. At the moment, some issues arestill applied for year 2010.

}> Decision No.32/2008/QD-UBND dated 23/06/2008 by Khanh Hoa PPC promulgating the construction price of works, architectures in Khanh Hoa province; At the moment, it is still applied for year 2010.

}> Decision No.1 0/20 1O/QD-UBND dated 30/3/2010 of Khanh Hoa provincial People's Committee updating amending the prices of construction of works, architectures in Khanh Hoa province.

}> Decision No. 39/2008/QD-UBND dated 31712008 of Khanh Hoa People's Committee on the compensation unit price of damages of trees, farm produces upon the land acquisition when the State acquires land. At the moment, it is still applied for year 2010.

}> Decision No.105/2009/QD - UBND dated 31112/2009 of Khanh Hoa PPC on the price ofland types in Khanh Hoa province in 2010.

4.1.2. World Bank policy on involuntary resettlement

44. The social safeguard policy of the World Bank - BP4.12 on involuntary resettlement is applied for all components of the project funded by the World Bank. Objectives of the policy

are:

(i) A void the compulsory resettlement if possible, or minimized by selecting alternatives in project design;

(ii) In cases, resettlement is unavoidable, the resettlement activities should be aware and follow the program of sustainable development, provide appropriate investment sources for the affected people so that they can share the project benefits.

(iii) The affected people must be supported to improve their living standards and

living conditions, at least as same as theirs before the project or better living

standards.

4.1.3. Main Gaps between Viet nam and World Bank policy

LAVIC - 01/2011 Resettlement Action Plan - 23


45. There is a number of ways in which the approaches of the Vietnam Government - either in policy or practice - are compatible with the World Bank guidelines. The most important compatibilities are:

./ On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. Vietnam has a process whereby people without legal land rights may meet conditions of legalization and receive compensation for losses up to a rate equal to 100% of land compensation price minus the taxes and fee for land use right registration from 15 October 1993 (Article 42, 49 and 50 of 2003 Land Law);

./ Permanent residents are provided with options that include relocation to an resettlement site, or cash, or a combination of the two;

./ Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living;

./ Allowances are provided to help the APs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal;

./ Compensation at replacement cost is ensured in Article 6 of Decree 197/2004/ND-CP dated December 3rd, 2004 that " ...people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is many differences in value, in case of compensation by new land or house, such difference shall be settled in cash" and Article 19 in the same Decree states that " ...house and structure of domestic use of household or individual shall be compensated with the value of construction of new house, structures of similar technical standard".

46. With the promulgation of the 2003 Land Law and the adoption of Decrees No. 197/2004/ND-CP and No. 188/2004/ND-CP, Decree 17/2006/ND-CP, Decree 84/2007/NDCP, and Decree 69/2009/ND-CP the policies and practices of the Government have become more consistent with the WB's social safeguards policies. Nonetheless, provisions and principles adapted to the project will supersede the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, consistent with Decree No. 13112006/ND-CP on ODA management. The main gaps between national policy and OP 4.12 on involuntary resettlement of the World Bank are as follows .

./ The 'significance' of impact is triggered by a loss of 30 per cent or more

agricultural land in Decree 197, in the RPF the trigger is a loss of 20 per cent or more of productive land/assets;

./ Houses and structures will not be compensated if they have been constructed without permission, constructed in contravention of a land use plan, or if they have encroached upon a demarcated safety protection corridor. However, they

LAVIC 01/2011 Resettlement Action Plan - 24


will be supported up to 80 per cent of their value or compensation rate if they have been built on land that is ineligible for compensation;

,/ Decree 197 recognizes businesses or economic entities APs as only if they

hold a business certificate (Le. excludes non-registered businesses);

,/ Decree 197 recognizes APs losing employment only on a pennanent basis (i.e

if they are made redundant) and only if the APs has an employment contract

and is employed by a business or economic entity holding a business

certificate;

,/ Under Decree 197, assistance for occupational change and job creation is only

provided to APs engaged directly in agricultural production and in cases where

more than 30 per cent of their agricultural land is affected;

,/ The requirements for consultation in the Land Law and Decree 197 are limited

to "informing" APs rather than providing information and seeking feedback from those directly affected; and

These gaps were approved by GOV for a waiver as in the project RPF.

4.1.4. Project policy

47. Before issuing new Land Law of 2003, there is considerable difference between Land

Law and the involuntary resettlement policy (OP 4.12) of the World Bank. With new Land

Law 2003 and followed by Decree No. 197/2004IND-CP, Decree 1712006IND-CP, Decree 84120071ND-CP, Decree 6912009IND-CP, the policy of Vietnam Government on resettlement is closer to the WB policy on involuntary resettlement.

48. To resolve some differences, resettlement policy framework for environmental sanitation

project in coastal cities was established in August 2005, promulgating following policies

applied to the subprojects ofNha Trang Citie Environmental Sanitation projects, Phase 2:

,/ All APs shall be entitled to compensation or assistance for loss of property, income and their business and provided with appropriate recovery measures to

improve or at least restore the living standards, incomes and production capacity as before the project;

,/ Surveys on replacement prices will be conducted to ensure the compensation

price of land in all cases of damage is equivalent to updated replacement price

at the compensation time.

,/ Compensation is fully paid in accordance with replacement cost for all affected

works, housing without depreciation deduction and acquired materials.

,/ All affected business households are entitled to support.

LAVIC - 01/1011 Resettlement Action Plan - 2S


./ Severely APs, including households losing 20% or more of agricultural productive land, will receive recovery assistance .

./ .Resettlement monitoring will be conducted frequently with the participation of

affected person;

./ The external monitoring resettlement plan will organization.

and be

evaluation conducted

on the iby an

mplementation process of independent monitoring

4.2. Eligible compensation

4.2.1. Principles

49. Basic principles applied to the preparation of this Resettlement Plan are: existing compensation, assistance and resettlement policies of Khanh Hoa PC and in accordance with Resettlement policy framework of Costal Cities Environmental Sanitation project approved

by Prime Minister on Decree 840mg-CN dated 0616/2006. In case of differences between policies of Government and the World Bank, select policies that provide more benefits for APs.

50. The overall objective of the Resettlement Policy includes: (i) efforts to minimize impacts

on land acquisition and other negative social impacts; (ii) if the displacement is compulsory, RAP must be prepared ensuring living standards and income generation ofDPs higher than or at least same as the living standard before the Project implementation. Lost poverty must be compensated on the basis of Replacement Price.

4.2.2. Project Displaced Persons (APs)

51. The APs are those who are affected by

Involuntary land acquisition which leads to:

./ Those AHs who lose property temporarily or permanently, partly or entirely house, works, architectures on the acquired land area by the project;

./ Those who have residential or agricultural land affected temporarily or permanently, partly or entirely by the project;

./ Business affected partly or entirely (temporarily or permanently) by the project; and

./ Those who have fame produces, animals and trees affected parly or entire by

the project.

4.2.3. 4.2.3 Cut offdate

52. The Project cut-off date is the date of issuance of the notice on land acquisition No

225/TB-UBND by PPC (on June, 3051, 2010) which was informed to local people.

LAVIC - 011201'1 Resettlement Action Plan -26


Accordingly, all households with arising land and property after this date will not eligible to

receive any compensation and supports of the project.

4.3. Entitlement policy

53. According to the project policy, APs will be entitled to the following types of

compensation and rehabilitation measures:

../ The general mechanism for compensation of lost agricultural land will be through

provision of "land for land" arrangements of equal productive capacity, satisfactory

to the APs. Land compensation size is smaller or lower quality, APs will be entitled

to compensation on cash equivalent the differences .

../ However, since land is not available the AP can only receive cash compensation as

the following:

4.3.1. Compensation Policy for agricultural land

54. APs are entitled to compensation as follows

Compensation and support for affected agricultural land Legal and legalizable land

users:

../ If the portion of the land to be lost represents less than 20% of the total landholding area, and the remaining land is still a viable economic holding,

cash compensation for the lost area at full replacement cost will be provided to

theAP, or

../ If 20% or more of a household's agricultural land is acquired, then in addition

to cash compensation at full replacement cost for the lost area (or for the entire

affected plot if the remaining area of the plot is not economically viable), the

Project will grant a rehabilitation package (refer to para. 60) .

../ For agricultural/pond/garden land in urban areas, in addition to compensation at

replacement costs, households will be supported by 30-50% of average land

prices in the areas where such land is recovered (this support area does not

exceed 5 times of the limit standard of local allocation). For specially:

- support 50% of residential land price for perennial land;

- support 40% of residential land price for annual crops land;

- support for the remaining areas of land for aquaculture, salt-making

land, productive forest land and other agricultural land, equal to 30%

of residential land for land in Nha Trang City and 40% of residential

land price for land in communes.

Users with temporary or leased rights to use land:

../ if the portion of the land to be lost represents 20% or less of the total area of

the land currently used by the APs, they will be compensated at the amount

LAVIC - '1112'111 Resettlement Action Plan - 27


corresponding to the remained investment in the land or 30% of land replacement cost.

./ if more than 20% of the land area currently used by the APs is acquired, then the priority to compensate by other land of temporary landuse rights, or, in request of DPs or if there is no available land to compensate 'land for land', the cash compensation will be applied at the amount corresponding to the remained investment in the land or 30% of land replacement cost. If the value of remained investment is greater than 30% of its replacement cost, the Resettlement Committee will review the case by case and adjust accordingly.

Land Users Without recognized Rights to Use Land

./ In spite of compensation for land, the APs will receive an assistance corresponding 50% of land replacement cost.

./ For poor and vulnerable, severely affected farmers, including landless, as priority, allocation of arable land equal per capita arable land in commune, if there is no land available for allocation, they will be subsidized by cash as (refer to paragraph 57) to ensure the APs are able at least to restore or improve their income levels and living standards.

55. In case when the affected persons utilizes the public land (of Right of Way or in protection areas of hydraulic works), that subjects to be recovered under the project, with conditions to return, on request, the land to the Government, they (APs) will not be compensated for this public land, but will be compensated for crops and trees at full market pnces.

56. Support for life and production stabilization of AHs who are acquired agricultural land: (i) Affected households with from 20% to 70% oftheir agricultural lands acquired will be

assisted for living stabilization for all household's members for 6 months if they do not have to be relocated and for 12 months if they have to be relocated and for 36 months ifthey are poor or difficult AHs.

(ii) Affected households with more than 70% of their agricultural lands acquired will be received allowance of living stabilization for all household's members for 12 months if they do not have to be relocated and for 24 months if they have to be relocated and for 36 months if they are poor or difficult AHs.

Allowance level for a person is defined in cash equivalent to 30 kg of rice per month (rice price at market price); the number of family is defined at the moment of making plan.

57. For households and individuals who directly do agricultural production and those with

the main income from the agricultural production activities, when their agricultural land is

acquired by the State, they will be compensated an amount in cash which is calculated according to the land price of the same using purpose. In addition, they will be supported to the change of their occupation and creating the job. The factor applied to calculate for the



occupational change in Vinh Ngoc commune is 4.0 times and in Phuoc Dong commune is 3.5 times of the agricultural land price (according to annex 7, Decision No. 101/2009/QE>-UBND ofKhanh Hoa provincial People's Committee). 58. If affected persons in the working age have demand to take a vocational training in

vocational training centers, the resettlement committee will be in charge of arrangement of a free training course for them .

Support for affected agricultural land within the residential area, land ofgarden, pond not

being considered as the land tenure

59. The affected persons will be entiled to the compensation and assistance for agricultural land in the residential area, land of garden, pond which is not recognized as the residential

land as follows:

./' Households, individuals whose affected land of garden, pond in the same land

plot of land with affected houses but not recognizeded as the residential land; land of garden, pond in the same parcel of land with separate houses is individual; land of garden, pond in the same land plot of their separated house

along channels and traffic road, beside the compensation according to the agricultural land price for planting pennerial trees, they will be assisted by

60% of the price of residential land; supported area is not excess 5 times for land in the residential area and 2 times for individual land plots or land plot along channels, traffic roads of the land provision limit in the local area .

./' Households, individuals having agricuturalland acquired in the administrative

border line of ward, in the residential area of the town and rural residential areas; agricultural land plot bodering the ward boundary, residential area

boundary, beside the compensation acccording to the agricutural land price,

they will get an assistance equal to 30% - 50% of the land price in the locality; the.Iand area assisted will not exceed 5 times or 2 times the provision limit and land tenure in the locality in accordance with Decision No. 30/2005/QE>-UBND dated 31//12/2005.

4.3.2. Compensation Policy for residential land

60. APs are entiled to compensation as follows:

a, APs losing residential land without structures built thereon

(i) Compensation for affected land in land with the san1e usage purpose or in cash at

replacement cost for the legal land users.

(ii) An assistance corresponding the remaining investment value on the land made to

the users having no legal land compensation rights.

b, APs losing residential land with structures built thereon and without remaining land

sufficient to rebuild on (relocating AP): They are entitled to:

LAVIC - 01/2011 Resettlement Action Plan - 29


(i) Compensation for loss of land in cash (1) at replacement cost to the legal land users; (2) the amount corresponding the remained investment on the land to the users having no legal land use rights.

(ii) Compensation for affected structures at full 100% replacement cost.

(iii) If DPs have to rebuild the main house, they will receive:(l) 1,500,000 VND/

household transporation allowance ... (2) subsistence living allowance equivalent

30 kg rice/ person! month in 3 months.

c, APs losing residential land with structures built thereon and the remaining land is insufficient to rebuild on (relocating AP): They are entitled to:

(1) Compensation for the land as follows::

The APs, who have legal rights to the affected land, can opt to one ofthe followings:

(i) Allocation of a land plot in locations accepted by the AHs (Dat Lanh, Vinh Thai

resettlement areas) with certification for land use rights without any payment;

(ii) If AHs self-relocate to individual resettlement site, they will be compensated in

cash for entire affected land area at replacement cost and granted a fund sufficient

to develop basic infrastructures of the new site as stipulated in Component 2 of

Article 19, Decree 69/2009.

The APs, who do Dot have legal rights to be entitled to compensation will be benefited

as follows:

1. For households who have residence in the other places in the same

commune/ward as where they are affected, the project will support an equivalent

to cash investment value remaining on land, or 30% of land replacement cost.

2. For the poor or vulnerable households who do not have residential land, the

project will: (i) granted a plot of residential land with a minimum area of

dispersal in the resettlement or resettlement areas with full rights Legal land or,

(H) at the request of the APs when they are provided enough information, the

project will support a fund equivalent to 60% replacement value of the land to be acquired for the APs to arrange for relocation to new places.

(2) Compensation for affected structures at 100% replacement cost without deduction of salvable materials and value depreciation;

(3)Supporting for life rehabilitation, including (i) relocation allowance from 3,000,000 to 7,500,000 VND for each affected household; For a household constructing works after plan

approved or popularized or marked, will be supported 50% of relocation allowance as

regulated in Point e, Clause 1, Article 33 of decision 101l2009/QD-UBND, (ii) subsistent

allowance equivalent to 30 kg of rice per person per month for 06 months for all household's

members in the early period when the AHs moved to the new resettlement areas.

4.3.3. Compensation Policy for Loss ofHouseslStructures



61. APs losing houses and/or other structures will be entitled to compensation as follows:

a) Loss 0/Houses and other Structures: APs losing houses and/or other structures will be entitled by:

(i) Compensation in cash for all affected structures at full replacement cost for materials and labour, regardless ofwhether or not they have title to the affected land or permission of construction of the affected structure. The amount must be sufficient to rebuild the new house/structure with the same technical conditions as the former one. The calculation of rates for compensation will be based on the actual affected area and not based on the useable area.

(ii) If the houses or buildings and other structures are partly dismantled but the rest is no longer enough to be used, AHs shall be compensated for the entire houses, works, architectures, if the remain is still used, the AHs will be compensated for the destroyed parts and provided repair costs to restore the works the same or better previous conditions.

(iii) For social works which are in used to be affected, the compensation is calculated as the value of construction works with the same level of technical standards issued by the agency/entity/department of professional management;

if affected works is not classified with technical standards, PPC will agree with investment agencies or project owner to determine the technical criteria for compensation

(iv) Compensation and allowances will be in cash. No deductions will be made for depreciation or reused materials.

b) Graves: compensation for the removal of graves will be provided for all costs of excavation, relocation, reburial and other reasonably related costs. Compensation in cash will be paid to each affected family. The PPC specifies the compensation which is suitable with customs and actual situation in the area complying with Viet Nam regulation.

c) Tenant: The displaced tenants will be paid an allowance equal to the value of the remaining lease based on the signed contract between the owner and tenant, and get subsidies for transport of furniture, and supported to arrange the new lease place.

4.3.4. Compensation/or affected standing trees and crops

62. Compensation of 100% replacement cost for trees and crops on acquired land based on principles of Decision 39/2008/QD-UBND. The amount of compensation for plants and livestock is stipulated in Article 30 of Decision No. 101I2009/QD-UBND and Article 24 of

Decision No. 197/2004IND-CP.

4.3.5. Compensation Policy for Loss ofIncome and/or BusinesslProductive Assets

63. For APs losing income and/or business/ productive assets as a result of land acquisition, the policy for compensating will be:

(i) cash compensation for the loss of income during the transition period, equal to

30% ofnet income ofone year;

LAVIC - 01/2011 Resettlement Action Plan


(ii) if business or productive assets are affected, cash compensation for lost

business structure/assets at full replacement cost, without depreciation;

(iii) if the business site has to be relocated, then, a provision of alternative business

site of equal size and accessibility to customers, satisfactory to the AP, or, in

cash for business affected area at 100% of the replacement cost, plus

transportation allowance to remove movable attached assets.

4.3.6. Compensation/or temporary impacts during construction

64. For temporary loss of land and properties, APs are entitled to follows:

a) , For arable land:

./ Compensation for one harvest ofcrops/trees at full market prices

./ Compensation for loss of net income from subsequent crops that cannot be

planted for the duration ofproject temporary use

./ Restoration of land to its previous or better quality by providing measures to improve land quality in cases of land being adversely affected or acidified, AND

./ If the duration of project's use the land exceeds more than two years, then the APs have option to: 1) Continue using land, OR, 2) "Give it to the Project and get compensation for affected land as permanent loss".

b) For temporary loss o/residentialland:

./ Compensation for all affected properties on the land at full replacement cost.

./ Restoration of land to its previous or better quality before retuning it to AHs.

Affected business shall receive:

./ Compensation for income lost during the affected period equal to average monthly net income for at least 03 months

./ Receiving compensation for affected assets with replacement price

./ Recovered land must be restored to its initial situations

c) Compensation/or damages to household's works or public works:

./ Damaged property will be restored or compensated by contractors immediately, after happening, to its former condition .

./ Under their contract specifications, the contractors will be required to take

extreme care to avoid damaging property during their construction activities.

Where damages do occur, the contractor will be required to pay compensation

immediately to affected fanlilies, groups, communities, or government

agencies at the same compensation rates that shall be applied to all other assets

affected by the Project.

./ Damaged property will be restored immediately to its former condition.

LAV~C - 01/2trn Resettlement Action Plan -32


4.3.7. Secondary APs

65. This applies to those affected by development of individual resettlement or group resettlement sites. Because all secondary APs are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the same respective provisions for all other APs.

4.3.8. Compensation for loss ofCommunity Assets

66. In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, Nha Trang City PMUs will ensure that these would be restored or repaired as the case maybe, at no cost to the community.

4.3.9. Allowances and Rehabilitation Assistance during transition period

67. The assistance policy for affected households complies with clauses 17, 18,19,20,21,22 and 23 in Decree No. 69/2009/ND-CP. In addition, based on the actual situation of the locality, the chainnan of PPC will decide to use other assistance methods to rehabilitate the life and production of the households having land acquired; In special cases, it should be submitted to the Prime Minister for approval. 68. For households and individuals who directly do agricultural production and those with the main income from the agricultural production activities, when their agriCUltural land is acquired by the State, they will be compensated an amount in cash which is calculated according to the land price of the same using purpose. In addition, they will be supported to the change of their occupation and creating the job. The factor applied to calculate for the occupational change in Vinh Ngoc commune is 4.0 times and in Phuoc Dong commune is 3.5 times of the agricultural land price (according to annex 7, Decision No. 10112009/QD-UBND of Khanh Hoa provincial People's Committee). Support for life stabilization for all family members with 30 kg of rice per person per month for 06 months for recovery of production for the affected households losing 20-70% of agricultural land without relocation; for 12 months for relocation and 24 months for the poor relocated households; the AHs losing more than 70% of agricultural land without relocation will be supported for 12 months and 24 months for the AHs with relocation and 36 months for the poor relocated AHs. 69. In case, if affected person wish to take a vocational training course or attend a free training course (affected person in working age) the PMU and resettlement committee are incharge of arrangement for them.

70. The affected people who have to rebuild their main house on remaining land, or who must relocate are entitled to:

(i) Transportation allowance: 1.5 million VND per household for rebuilding

house at the same area and from 3,000,000 to 7,500,000 VND for those who

must relocate to other places;

(ii) Support for life stabilization for all family members with 30 kg of rice per

person per month for 03 months for the on-site resettlement HHs and 06

months for relocated HHs.

LAVIC - 011201'1 Resettlement Action Plan -33

Coastal Cities Environmental Sanitation Project - CCESP

Nha Trang City Sub-project - Components 2&3

71. The bonus is 10% of total compensation value but not exceeding 5 million VND for the AHs who dismantle by themselves and transfer the land for the project on schedule;

72. The poor AHs and who are currently receiving social assistance will be supported especially not less than 1 million VND; The affected AHs who are hero's mothers armed forces, war invalids, sick soldiers ... are supported from 1 million to 3 million VND which can be adjusted depending on inflation and the real situation in each locality.

5. RESETTLEMENT ARRANGEMENT

5.1. Demand analysis

73. According to the investigation data, the total number ofDPs that need to be relocated for the implementation of components 2&3 of the project is 29 households. These households will be relocated to the resettlement area of Dat Lanh, Vinh Thai commune or Hon Xen, Vinh Hoa commune with full infrastructure.

5.2. Public consultation.

74. The resettlement implementation for these relocated households is carried out in the following process:

../ Relocated households are consulted on resettlement areas;

../ Detailed design of the resettlement area is publicized;

../ Land lots in resettlement areas are allocated on principles of consulting APs;

../ Households are relocated to resettlement areas, then rehabilitation programme are applied.

75. According to the survey results of affected households (22 households in Vinh Ngoc commune, 26 households in Phuoc Dong commune and 8 households in Vinh Luong commune), most households choose to relocate to the Dat Lanh and Hon Xen resettlement area. However, most of them said that all of the necessary conditions for their daily activities must be guaranteed such as infrastructure as well as minimum conditions of clean water, electricity. They fully agree to participate in the environmental protection, environmental sanitation improvement ... under the guidance of the project. Therefore, they are willing to remove to new place.

76. 2 households in Vinh Ngoc commune do not agree to move to new place because they have just completed the construction of their new house. The most important thing is that, they do not want to leave the familiar living environment. In Phuoc Dong commune, there is 01 household who does not agree to relocate. For the two cases, the PMU will conduct

advocacy and proposal to PPC for its OV.'l1 specific mechanism.

5.3. Development of the resettlement site

5.3.1. Reselliement site

77. The resettlement project site is developed in Dat Lanh village in Vinh Thai commune.

In addition, there is Hon Xen resettlement site in Vinh Hoa commune developed by the City.

LA'IIC - 01J2trn Resettlement Action Plan ~34-

Coastal Cities Environmental

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