Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh province Abbreviated Resettlement Action Plan
SOCIALIST REPUBLIC OF VIETNAM
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
======
IRRIGATED AGRICULTURAL IMPROVEMENT PROJECT (IAIP)
ABBREVIATED RESETTLEMENT
ACTION PLAN
SUB PROJECT 1 - HOA BINH PROVINCE
(Draft 2)
Prepared by
IAIPHoa Binh Provincial Project Management Unit
July, 2013
TABLE OF CONTENTS
ABBREVIATIONS
Definition of terms
EXECUTIVE SUMMARY
1. Introduction
1.1. Project and Subproject Background
1.2 Mitigation measures for adverse impacts
1.3. Impacts of the Subproject
2. Entitlements of the displaced persons
2.1.The Legal Framework of the Government of Vietnam on Land Acquisition and Resettlement
2.3 Key Differences between the Government and WB’s Policy
2.4. General Principles
2.5. Compensation and eligibility to compensation
2.6. Entitlement Matrix
3 households
3. Compensation and resettlement strategies
3.1. Procedures for Payment of Compensation and Allowances
3.2. Income Restoration Strategy
3.3. Vulnerable Affected Households
3.4. Gender Strategy
4. Information disclosure and public consultation
4.1. Information Disclosure and Public Consultation during the RAP Preparation
4.2. Information Disclosure and Public Consultation during the RAP Implementation
4.3. Grievance Redress Mechanism
5. Implementation arrangements
5.1Central level
5.2Provincial level: Hoa Binh Provincial People’s Committee
5.3Hoa Binh Provincial Project Management Project (PPMU)
5.4District level
5.5Communal level and affected community
5.6. Community level
6. Monitoring and evaluation
6.1. Internal monitoring
6.2External monitoring
7. Cost estimate and budget
7.1. Budget source for resettlement
7.2. Compensation at replacement cost
7.3 Resettlement cost
8. Implementation plan
ANNEX 1. SUMMARY OF CONSULTATION MEETING MINUTE WITH STAKEHOLDERS
ANNEX 2. LIST OF PARTICIPANTS IN CONSULTATION
ANNEX 3. SOME IMAGES OF THE CONSULTATION
LIST OF TABLES AND FIGURE
Table 1. Comparison between Vietnam compensation, assistance, and resettlement policy and the WB’s Involuntary Resettlement policy and other proposed policies of the Project
Table 2. Entitlement Matrix
Table 3. Summary of consultation results
Table 4. Cost estimate for compensation, assistance and resettlement
Table 5. Plan for preparation and implementation of the Resettlement Action Plan
Figure 1. Geographical locations of main works of WB7 Project- Hoa Binh
ABBREVIATIONS
AHAffected household
APAffected people
CPCCommunal People’s Committee
CPO Central Project Office
DCARB District Compensation and Resettlement Board
DMS Detailed Measurement Survey
DOLISADepartment of Labor, Invalids and Social Affairs
DPCDistrict’s People’s Committee
HhdHousehold
IMA Independent Monitoring Agency
IOLInventory of Losses
LURCLand Use Right Certificate
MARDMinistry of Agriculture and Rural Development
MOLISAMinistry of Labor, Invalids and Social Affairs
MONREMinistry of Natural Resources and Environment
PAH Project Affected Households
PplPeople
PPMU Provincial Project Management Unit
PMU Project Management Unit
RAPResettlement Action Plan
SESSocio-economic Survey
VNDVietnam Dong
WB World Bank
IAIPIrrigated Agriculture Improvement Project
1
Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh province Abbreviated Resettlement Action Plan
Definition of terms
Project ImpactsAny impact directly related to land acquisition or legal limits in land use of the selected land area or reserved area. People directly affected by acquisition might lose their house, farming land, business operation opportunity or other livelihood means.
Affected Peopleindividuals, organizations or businesses that are directly affected socially and economically by WB-funded projects caused by the involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location (those with livelihood impacted permanently or temporarily). In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also.
Cut-off dateCut-off date is the lastday for eligibility or thebaseline survey. These who arrive in the area after the survey or cut-off date, wont’ be eligible for compensation or assistance. Affected households will be informed of the cut-off date for each component of the project and anybody residing in the project area after this date will not be compensated or supported
EligibilityEligible persons are those residing in the area affected by the project, subproject or other components of the subproject and those (i) whose livelihood is adversely affected (ii) with rights, ownerships or announcement of rights on any land area (agriculture land, grazing land, temporary or permanent) or (iii) with productive assets such as those for businesses, jobs, working space, residence or (iv) whose access to assets is adversely affected (for example, fishing).
Replacement CostIs the method used to identify the price of the assets to help calculate suitable compensation to replace for the lost assets and for transaction fees. For agriculture land, it is the market price before the project implementation or at the time of compensation payment depending which one is higher, of the land that is equally productive or with equal use value in the area near the affected land, in addition to the transaction fee to prepare for land to carry out production of the same value with the affected land, plus any registration fee or tax for transfer. For residential land in the urban area, it is the current market price of land at the time of compensation payment with the same area and land use purpose and infrastructures and services equivalent or better than the old conditions and the land is near the affected land.
For other residential land and structures, it is the market price of materials used for rebuilding replacement house/works with the same or better area and technical standards of the affected house/structure, plus labor fees and registration and tax if applied. During the identification process for replacement cost, assets and materials are not depreciated as well as other benefit values from the project. When the domestic law cannot guarantee the standards for compensation at replacement price, it is necessary to include additional measures to meet the requirements on standards and replacement price. When this price calculation method is applied, depreciation of houses/structures and assets are not applied. For losses that cannot be easily calculated or compensated in cash (for example, access to public services, customers and suppliers; or access to fishing, animal grazing or forestland), it is necessary to generate access to similar natural resources and opportunities to similar income generating activities. These supports are separated and it is not the resettlement supports that will be provided.
ResettlementInvoluntary Resettlement covers all the direct or indirect losses caused by loss of land / assets restrictions to resources access. Resettlement is s not limit to physical resettlement. Resettlement entitlement might, depending on specific cases, include (a) acquisition of land and structures on land including those for commercial purposes; (b) physical dislocation; and (c) economic rehabilitation for affected households to improve (or at least restore) their livelihood and income level.
Vulnerable groupThese 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 without support, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty issues by MOLISA, (iv) children and the elderly households with no other means of support, (v) landless households, and (vi) ethnic minorities.
EXECUTIVE SUMMARY
1.Introduction.Hoa Binh Subproject 01 aims to improve and upgrade 9 turbine pump stations, 01 electric pump station and canal system in 10 communes, namely Mai Hich, Phieng Ve, Xam Khoe, Thanh Hoi, Gio Nhan, Lo Son, Gia Mo, Tan Vinh, Cao Phong and Tan My of districts, such as Luong Son, Lac Son, Tan Lac, Cao Phong, Mai Chau in Hoa Binh province.
This Resettlement Action Plan (RAP) was prepared for the “Irrigated Agricultural Improvement Project (IAIP)”- HoaBinh Subproject 01 funded by the World Bank. This RAP was built based on the compensation and resettlement policy framework of the WB7 project and the results from socio-economic surveys, inventory of losses and public consultation. This Resettlement Plan also presents the criteria, eligibility for compensation of land and assets affected by the subproject, description of the income restoration program, implementation arrangement, implementation plan, estimated cost, monitoring and assessment, participation in consultation of the community and grievance redress mechanism.
2.Impacts and Scope of Land Acquisition.The Subproject causes impacts on 2 communes of Mai Chau District and 1 commune of Tan Lac District in HoaBinh Province. A total of 51 households are affected by the improvement and upgrading of 3 turbine pump stations. Lands of 47 households are permanently acquired and 4 households are affected on trees. No household’shouses or structuresareaffected and no household has to relocate. No household is severely affected due to loss of more than 10% of their productive landholdings. Among the project affected households, 28 households belong to vulnerable group as defined by the Project. Of these, 17 households are ethnic minorities (06 Thai households and 11 Muong households). The Subproject will acquire 594 m2 of land area belonging to 47 households. The Subproject does not impact rice-growing land but does impact 14 china trees and 594 m2 of groundnut.
3.Mitigation measures for impacts caused by land acquisition and compensation.In order to minimize land acquisition impacts, the Design Consultant has conducted consultation with the benefited communities and affected people during the preparation of investment report to ensure that the subproject will cause minimum impacts on land acquisition of the people in the project area.
4.Socio-economic status.The number of beneficiary communes of the subproject is 10. In 3 communes affected by the construction activities of the subproject, agricultural production is the main income source of people. The percentages of poor households and near-poor households of 3 communes vary. While Xam Khoe Commune has a higher poverty rate than the province as a whole, the poverty rate in Thanh Hoi and Pieng Ve communes are much lower. The per capita income of affected households is VND 722,890 per month. The level of education of the household members is mainly secondary school (accounting for around 48%).Among total number of the household members, there are 11% of themgraduating from university.
5.Policy framework and entitlement matrix.A resettlement policy framework was prepared for the project. This policy framework was based on the current laws and regulations of the Government of Vietnam as well as involuntary resettlement policy (OP 4.12) of the World Bank. This document will be a guideline for building resettlement plan and implementation of resettlement in the subproject area. The general objective of the Policy framework and this abbreviated resettlement document is to ensure that all the people affected by the subproject receive compensation for their affected assets with replacement price and market price. Support will be provided to severely affected households, relocated households, households losing income sources and vulnerable households so they can restore their income level or living standard to at least pre-project level.
6.Consultation and community participation.Representative of the affected people participated in the public consultation for information and impacts of the subproject. Responses from the public consultation were taken into consideration and updated in this RAP. There were two community consultations with 75 participants.
7.Implementation arrangement. Resettlement, compensation and support works are managed and monitored internally byDistrict Compensation and Resettlement Board (DCARB), Provincial Project Management Unit (PPMU), and Central Project Office. During the implementation process, there should be close coordination between the implementing agencies such as DCARB, PPMU, local offices, communal staffs, local social organization and people affected by the subproject. An independent monitoring agency will be hired to carry out external monitoring of this RAP to ensure the desirable outcomes.
8.Grievance redress. During the implementation process, any concerns raised or complaints by affected people will be resolved based on the regulated procedure in the resettlement plan of the subproject. Complaints will be resolved directly by the local authority and project staffs in a fair and transparent manner with participation of the external monitoring agency. Those who file for complaints are not subjected to any administrative fees.
9.Monitoring and evaluation.There are two monitoring and evaluation tasks which will be conducted during the subproject implementation. Staffs from Provincial Project Management Unit (PPMU) and CPO will observe and monitor the implementation of RAP and internal monitoring activities. In addition, external monitoring consultants will be recruited to monitor the implementation process and carry out evaluation on the living conditions of the affected people throughout the implementation of resettlement plan and after the resettlement plan implementation is completed.
10.Cost estimate.It is estimated that the total cost for the RAP is 3,197,842,375 VND (three billion, one hundred and ninety-seven million, eight hundred and forty-two thousand, three hundred and seventy-five Vietnam dong), equivalent to about 152,278 USD (one hundred and fifty-two thousand, two hundred and seventy-eight US dollar). This cost comprises of compensation for residential land, agricultural land, crop cultivation lands and support for livelihood restoration,preparation of RAP, such as detailed measurement, administrative management, contingency, and implementation of RAP. This cost will be provided by the project counterpart fund.
11. Implementation plan. Compensation, support and resettlement activities will be carried out during the 18 month period from June 2014 to December 2015 and the DCARBs of Mai Chau and Tan Lac districts are mainly responsible for the implementation.
1. Introduction
1.1. Project and Subproject Background
1.1.1. Irrigated Agriculture Improvement Project (IAIP)
The Government of Vietnam proposed to the World Bank for a loan to carry out a project called Irrigated Agriculture Improvement (IAIP) to provide support for development of irrigated agriculture in 07 provinces in the Central Coastal and Northern mountainous provinces including PhuTho, Hoa Binh, Ha Giang, ThanhHoa, Ha Tinh, Quang Nam and Quang Tri. The proposed project consists of the following components (i) Improved Water Management; (ii) Irrigation and Drainage Scheme Level Improvement; (iii) Climate smart agriculture support services; and (iv) National Policy Development, Monitoring and evaluation of the project.
Objectives of the Project
The development objective of the project is to improve the sustainability of irrigated agriculture production systems in the selected provinces of Central coastal and Northern mountainous provinces of Vietnam. The project was proposed in the context of the Government priorities to restructure the agriculture sector, increase the efficiency or public spending increase resilience to climate change and improve the broader framework for sustainable development of water resources. This development objective will be realized through rehabilitation of irrigation and drainage services, provisions of complementary advisory services, and strengthening institutional capacity at provincial, scheme and farm/community levels.
1.1.2. Irrigated Agriculture Improvement –Hoa Binhprovince
Subproject 01: Improvement and Upgrading of Turbine and Electric Pump Stations
Subproject No. 01: Improvement and upgrading of 10 turbine pump stations and 1 electric pump station together with the irrigation system in 10 communes including Mai Hich, PhiengVe, Xam Khoe, Thanh Hoi, Gio Nhan, Lo Son, Gia Mo, Tan Vinh, Cao Phong Town, and Tan My belonging to 5 districts, namely Luong Son, Lac Son, Tan Lac, Cao Phong and Mai Chau of Hoa Binh Province.
Overall Objectives of Subproject 01
The objectives of the Project will be achieved through the following specific activities: (i) the Project will provide the advisory activities in order to strengthen the institutional capacity at provincial level, scheme and farm/community levels toimprove irrigation and drainage services,; (ii) support more flexible and more diverse land use, increase water use efficiency, and minimize adverse impacts on the environment (including greenhouse gas emissions through a “Climate-Smart Agriculture” approach in different ecological contexts will); and (iii) design and introduce a water management approach based on water productivity to encourage institutional improvements at provincial, IMC and scheme levels.
Specific Objectives of Subproject 01: Improvement and Upgrading of Turbine and Electric Pump Stations
Assure supply of reliable gravity irrigation for 1,048 ha of agricultural land including 648 ha of rice-growing land and 400 ha of land for growing oranges trees and other crops.
Supply domestic water for people and water for livestock husbandry purposes.
Increase assured water-supplied area.
Increase rice yield by 1.5 tons per ha (from 4.5 tons/ha to 6.0 tons/ha).
Increase crops, from one-crop rice to two-crop rice.
Increase area of rain-fed crops.
Figure 1. Geographical locations of main works of WB7 Project- Hoa Binh
1
Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh province Abbreviated Resettlement Action Plan
1.2 Mitigation measures for adverse impacts
Although the construction activities of Subproject 01 are improvement and upgrading of existing pump stations, dams and canals, Hoa Binh PPMU and the Consultant still conducted consultations with the Communal People’s Council (CPCs) and local communities in order to minimize adverse impacts caused by land acquisition and other negative impacts.
The factors considered by the Design Consultant for mitigation measures by producing construction solutions include: