Technical study of "Quang Ninh Drainage and Sanitation Development Project”
Resettlement Action Plan, Final, 6th May, 2005.
SocialistRepublic of Vietnam
Quang Ninh Provincial People's Committee
HA LONGCITY AND CAM PHA DRAINAGE AND SANITATION PROJECT MANAGEMENT UNIT
4 Cao Xanh Road, Ha LongCity, Quang Ninh Province, Vietnam
HA LONG CITY AND CAM PHA TOWN DRAINAGE
AND SANITATION PROJECT - PHASE II
Loan Agreement No. 3211-VN
RESETTLEMENT ACTION PLAN
(FINAL)
May 2005
BLACK & VEATCH (INTERNATIONAL)
in Joint Venture with
BAC BO WATER & ENVIRONMENT JOINT STOCK COMPANY - WECO
Table of Content
I.INTRODUCTION ...... 1
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT...... 2
III.Socio-economic information...... 4
3.1. Source of information...... 4
3.2.Impacts on land and structures...... 4
3.3.Socio-economic characteristics of PAPs:...... 4
3.4. Education ...... 5
3.5.Occupation:...... 6
3.6.Incomes and living standards...... 7
IV. LEGAL FRAMEWORK ...... 9
4.1.World Bank Policy on Involuntary Resettlement ...... 9
4.2.Relevant Vietnamese laws and bylaws ...... 9
V.compensation policy...... 13
5.1. Objectives of resettlement...... 13
5.2.Project affected people...... 13
5.3.Resettlement impacts...... 13
5.4.Compensation Policy...... 14
VI.INSTITUTIONAL ARRANGEMENTS ...... 19
6.1.Provincial People’s Committee (PPC)...... 19
6.2.The Quang Ninh PMU...... 19.
6.3.District People Committee (DPC)...... 20
6.4.Town’s/District’s Resettlement Committees (DRCs) ...... 20
6.5.Agency Responsible for External Monitoring...... 20
VII.Public consultation and grievance addressal...... 21
7.1.Public consultation in project preparation stage...... 21
7.2.Consultation Proposed During Implementation...... 22
7.3.Grievance mechanism...... 24
VIII.Implementation schedule...... 26
X.Cost and BUDGET...... 28
9.1. Compensation prices...... 28
9.2.Cost Estimate...... 28
9.3..Total cost for resettlement implementation...... 30.
X.MONITORING AND EVALUATION...... 31
10.1.Monitoring...... 31
10.2.Internal Monitoring...... 31
10.3. External Monitoring...... 32
10.4.Monitoring Methodology...... 32
10.5.Evaluation...... 33
Annex 1: ENTITLEMENT MATRIX...... 34
ANNEXES
Abbreviations
GOVN Government of Vietnam
IDAInternational Development Association
DSCDrainage and sanitation Companies
DMSDetailed Measurement Survey
IMOIndependent Monitoring Organisation
PAP Project Affected People
PPCProvincial People’s Committee
DPCDistrict People's Committee
CPC Commune People’s Committee
PMUProject Management Unit
PRCProvincial Resettlement Committee
DRCDistrict Resettlement Committee
RCsResettlement Committees
RAPResettlement Action Plan
RPFResettlement Policy Framework
Definition of Terms
Cut-of-dateThe date of completion of inventory of losses during preparation of the RAP. Affected people and local communities will be informed of the cut-off date for each Project component, and that anyone moving into the Project Area after that date will not be entitled to compensation and assistance under the Project.
Eligibilityany person who at the cut-of-date was located within the area affected by the project, its sub-components, or other subproject parts thereof, and would have their: (i) standards of living adversely affected, (ii) rights, titles, or claim in any land (agricultural, grazing or forest), house or structure (be it residential, commercial permanent or temporary), or (iii) production assets such as business, occupation, place of work, residence, or habitat, or (iv) access to assets adversely affected (e.g. fishing rights). Eligibility is irrespective of: (a) formal legal rights to land, or (b) customary claim to land or asset, or (c) having no recognizable legal right or claim to the land they are occupying.
Replacement costis the term used to determine the amount sufficient to replace lost assets and cover transaction costs. For loses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers, and supplies; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. When domestic laws do not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standards.
Resettlement is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood.
Project Affected Person who has land acquisition and/or on land loss assets and other
negative affected by actions of project implementation
1
Technical study of "Quang Ninh Drainage and Sanitation Development Project”
Resettlement Action Plan, Final, 6th May, 2005.
I.INTRODUCTION
1.Consistent with Government strategy of developing the sanitation and drainage components of urban infrastructure in Vietnam in the period 2001 to 2010, Quang Ninh is included in a three cities programme in a World Bank (IDA) funded sanitation project, together with two other cities such as Danang and Hai Phong.
2.The project aims to reduce flloding, improve the environment, promote economic development, and strengthen the institutional capacity of the sanitation and drainage companies. To achieve these objectives, the project includes 4 components: (i) drainage improvement, i.e. rehabilitation, upgrading and construction of drains and channels; (ii) sewerage and sewage treatment, involving development of new sewers, septic tank improvement, wastewater treatment; (iii) solid waste management, which includes waste collection and transfer, upgrade and construct landfills; and, (iv) institutional strengthening.
3.The Project loan was approved and came into effectiveness in 1999, its construction works commenced in 2000 and are expected to be completed by the end of this year, 2004. This stage subsequently became known as Phase I.
4. As result of lower than expected bids for some Phase I packages of the Quang Ninh Drainage and Sanitation project, considerable fund remained available for a second phase of improvements. On 22 April 2003, Quang Ninh People Committee issued decision Ref No 1260/QD-UB which confirmed the amount available for the Phase II as U$D 12,643,000.
5.The Phase II of the project includes the following physical, proposed follow up works:
In Hon Gai:
- Construct Wastewater Treatment Plant,
- Combined sewers,
- Separate sewers,
- Seweage pumping mains,
- Seweage pumping station,
- Rehabilitation of tidal gates,
- Rehabilitation of canals and drains;
In Bai Chay:
- Combined sewers,
- Rehabilitation of streams;
In Cam Pha:
- Rehabilitation of streams;
6.Among the above mentionned works of the Phase II, construction and rehabilitation of combined and separate sewers, seweage pumping mains and stations as well as rehabilitation of tidal gates in Hongai and combined sewers in Bai Chay likely do not cause resettlement impacts as they either base on respective exising works or will locate on the public land. The remained works including construction of Wastewater Treatment Plant and rehabilitation of canals and drains in Hon Gai; Rehabilitation of streams in Bai Chay and rehabilitation of streams in Cam Pha willanticipate permanent or temporary acquisition of land and loss of assets and properties attached, imposing resettlement impacts to the local population.
7.Based on results of preliminary inventories of losses and census survey of project affected people, this RAP is prepared for guiding implementation of compensation for all related losses and rehabilitation of people affected by the Phase II of the Quang Ninh Drainage and Sanitation Project. After its approval by Quang Ninh PPC and achieving of no objection from the WB, the RAP will obtain legal status and guide all resettlement activities of the project’s Phase 2
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
8.The Phase 2 of Quang Ninh subproject involves Cam Pha town and Hon Gai and Bai Chay of Ha Long city.
9.During process of technical designing, many efforts have been given by Consultants in cooperation with Quang Ninh PMU and local authorities, alternative options have been considered, mitigation measures have been adopted to reduce negative impacts on local properties and people, which would be potentially caused by development of the subproject physical infrastructure. Mitigation measures taken to reduce the scale of resettlement impacts include followings:
(i)The laying of pipes, raising mains, interceptor sewers..., wherever possible, has been designed in sidewalks, right of ways or in the areas of road corridor to avoid land acquisition and impacts on local assets.
(ii)Slight adjustment of the existing sewers and drains alignment to reduce level of loss of properties and impacts on the local population. Sometimes, wherever possible, considerable realignments of drains and sewers have been taken to avoid relocation of the population;
(iii)To reduce negative impacts caused by land acquisition for construction of sewers pumping stations and installation of WWTP, priorities have been given to select public land or land of lower economic value, in the as much as less populated areas.
(iv)Selection of location of proposed access roads along the canals in Cam Pha and Bai Chay and location for Ha Khanh WWTP to the side that causes fewer property impacts and losses, or realignment of the proposed canal bank to avoid or reduce scale of resettlement;
(v)Removing off certain section of project’s proposed access roads has avoided relocation of several potentially relocating PAPs and reduce level of impacts and number of PAPs in Quang Hanh (the Stream Km8), Cam Thinh ward (the Eastern Stream of Mechanical Enterprise) and Cam Thach wards (Cay Si stream) of Cam Pha town.
10.According to resuIts of Census and inventory of affected assets, it is anticipated that the Phase II of Quang Ninh project will impact about 346,747 m2 of land, of which 332,471 m2 will be acquired permanently (179,972 m2 of private and 152,499 m2 of public or other special use land) and only 308 m2 will be acquired temporarily (Table 1). There are 24,796 m2 of residential land and 149,144 m2 of gardern and agricultural land will be affected by the project’s phase 2. In total, about 11,233 m2 of house and secondary structures, 2009 m2 of animal stable, 10,999 m2 of brick protection walls will be affected (See more details in Annexes 1-3) .
Table 1: Scope of land acquisition by Quang Ninh Drainage and Sanitation project Phase 2
No / Location / Permanent loss of land (m2) / Tem porary loss of land (m2) / TotalResidential / Garden/agricultural / Public/special use land / Subtotal / Residential / Garden/agricult. / Subtotal
1 / Bai Chay / 0 / 303 / 0 / 303 / 0 / 0 / 0 / 303
2 / Hon Gai / 19,075 / 146,626 / 152,499 / 318,200 / 0 / 308 / 308 / 318,508
3 / Cam Pha / 6,691 / 7,277 / 0 / 13,968 / 0 / 0 / 0 / 27,936
Total / 25,766 / 154,206 / 152,499 / 332,471 / 0 / 0 / 308 / 346,747
Source:Results of inventory of losses and census survey of project’s affected people, conducted by resettlement consultants in cooperation with local authorities and Quang Ninh PMU in October- November of 2004
11.The total number of households to be potentially affected by the project is 520, with 2,079 persons. Among the affected households, the subproject poses severe impacts on 123 households: about 117 households will have to be relocated to the new place, 6 households will rebuild their main house on remaining land and 55 HHs, besides of relocation, will also loose 20% or more of total agricultural landholdings. There are 7 households lose their rented lodgements. The subproject will marginally affect 397 households, either losing garden land, brick protection walls, access bridges or some trees. A summary of resettlement impacts on PAPs for the Phase 2 of the project is presented in the Table 2 below.
Table 2:Types of resettlement impacts of Quang Ninh Drainage and Sanitation project Phase 2
Total PAPs / PAPs lossing land / PAPs losing houses/structures / Losing trees/cropstotal / Of wh.: Severely affedted / Total / Relocated / Reorganized / Business/commercial / Rent houses
Bai chay / 20 / 14 / 0 / 19 / 0 / 1 / 0 / 0 / 3
Channels / 42 / 5 / 0 / 41 / 0 / 0 / 0 / 2 / 8
Ha Khanh WWTP / 118 / 118 / 55 / 115 / 104 / 0 / 4 / 110
Hon Gai Subtotal / 160 / 123 / 55 / 156 / 104 / 0 / 4 / 2 / 118
Quang Hanh / 46 / 31 / 0 / 43 / 1 / 0 / 1 / 43
Cam Thach / 114 / 107 / 0 / 98 / 6 / 0 / 3 / 3 / 70
Cam Son / 40 / 31 / 0 / 33 / 1 / 1 / 1 / 2 / 33
Cam Phu / 14 / 12 / 0 / 11 / 0 / 3 / 0 / 0 / 11
Cam Thinh / 125 / 114 / 0 / 121 / 5 / 1 / 3 / 43
Cam Pha subtotal / 339 / 295 / 0 / 306 / 13 / 5 / 8 / 5 / 200
Total / 520 / 432 / 55 / 481 / 117 / 6 / 12 / 7 / 321
Source: Results of inventory of losses and census survey of project’s affected people, conducted by resettlement consultants in cooperation with with local authorities and Quang Ninh PMU in October- November of 2004
12.In project implementation stage, following putting land marks claiming the project recovered areas, this RP will be updated by Quang Ninh PMU to update information on PAPs and their losses through DMS which serve as legal basis for compensation payment for affected people. A close cooperation between the PMU and local authorities and related departments/agencies will be necessary to complete the different resettlement activities successfully.
III.SOCIO-ECONOMIC INFORMATION
3.1. Source of information
13.Socioeconomic information of this RAP has come from several sources: (i) results of inventory of loss for 100% of affected households of Quang Ninh Project; (ii) results of socio-economic household survey of from 15% and more marginally affected and more thana 50% of relocated HHs and severely affected farmers losing more than 20% of their total agricultural holding and consultation with the them; (iii) results of formal and unformal meetings and group disscussions with local authorities and social groups in project impacted areas. All these surveys were held by resettlement consultants in the October and November of 2004, in cooperation with Quang Ninh PMU and local authorities. There were special interviews with groups of severely affected people to collect data on (i) specific resettlement needs of relocating/severely affected and vulnerable groups of PAPs, (ii) resettlement concerns and preferences of affected families, and (iii) measures to minimize negative impacts.
3.2.Impacts on land and structures
14.Rehabilitation and/or construction of drainage and sewereage systems generally pose of linear character land acquisition impacts that mostly are marginal. However, the proposed construction of WWTP with its buffer zone and serewage/drainage accsess roads require considerable land for development. Thus, construction of the WWTP alone will require about 29.3 ha of land, of which the plant’s core area only recovers 7.0 ha belonged to 16 HHs (with 4 HHs subjecting relocation) and 1 cool mining enteprise to be affected, while the WWTP’s buffer zone will require further 22.3 ha, causing relocation impacts to additional 100 HHs. In total, there 18.0 ha of private land use rights will be acquired. Meanwhile, development of drainage and sewereage channels system will replace certain 12 HHs from their existing sites. In total, as mentioned above, there are 520 HHs with 2079 people will be impacted by the project, among which 117 HHs have to be relocated, 6 HHs have to rebuild houses on remaing land behind, 12 relocated HHs will also lose their commercial land, 7 PAPs losing their rented housing, 55 HHs having their agricultural income severely affected.
3.3.Socio-economic characteristics of PAPs:
Demographic features:
15.In cooperation with the PMU and with assistance of local authorities, the consultant have conducted census of all affected people and their sample socio-economic survey, paying special attention on severely affected HHs, including severely affected farmers and relocated PAPs. The survey was carried out during the November-December, 2004. According to results of the surveys of PAPs, almost all the HHs (99.6%) are of Kinh ethnic group. Exception is made only 2 HHs who are from Dao ethnic minority group)
16.The Tables 3 and 4 below provides general demographic data of the PAPs and of their household’s heads. The average household’s size of the affected population is of 4.1 person/HH, with the male ratio is of 52.6% of the total population, and chiledren under 18 years old consist of 22.3 of the popultaion. The average number of labor of HHs is of 2.4 pers/HH.
Table 3: General demographic information of PAPs, Quang Ninh project Phase 2
Total number of PAPs / Population (pers.) / Average HH size (pers/HH) / Male ratiio to total PAPs popultation (%) / Average number of labors (labor/HH) / Ratio of children < 18 to total population (%)1 / Bai Chay / 20 / 85 / 4.5 / 56.6 / 2.6 / 26.3
2 / Hon Gai / 158 / 575 / 3.7 / 50.9 / 2.5 / 24.7
3 / Cam Pha / 342 / 1419 / 4.1 / 53.1 / 2.2 / 21.2
Total / 520 / 2079 / 4.1 / 52.6 / 2.4 / 22.3
Source: Results of inventory of losses and census survey of project’s affected people, conducted by resettlement consultants in cooperation with local authorities and Quang Ninh PMU in October- November of 2004
17.There are 75.% of HHs headed by male and only 25% left – by female. The average age of the households’ heads (HHH) of all the PAPs is 50.5. The age of the HHHs of PAPs in Bai Chay is higher than the average ones for Cam Pha and Hon Gai towns (see Table 4 )
Table 4: Demographic characteristics of Heads of households affected by Quang Ninh Drainage and Sanitation project Phase 2
Location / Total number of PAPs / Male to total number of HHHs (%) / Female to total number of HHHs (%) / Average age (years) / Average education (school years/HHH) / Illiteracy rate (% to total HHHs) / Average age of illiterated (years)1 / Bai Chay / 20 / 70.8 / 29.2 / 61.9 / 10.6 / 0.0 / -
2 / Hon Gai / 158 / 78.5 / 21.5 / 48.2 / 8.8 / 4.1 / 56
3 / Cam Pha / 342 / 73.4 / 26.6 / 51.0 / 9.3 / 2.7 / 68.0
Total / 520 / 75.0 / 25.5 / 50.5 / 9.2 / 1.9 / 63.7
Source: Results of inventory of losses and census survey of project’s affected people, conducted by resettlement consultants in cooperation with local authorities and Quang Ninh PMU in October- November of 2004
3.4. Education
18.In general, the average education level of PAPs is considerable high, equal 9.3 of schooling years among those havingn’t got high education. The education of the HHHs in Bai Chay is higher than the total average ones. Illiteracy rate is quite low, equal to 1.9% for the whole project’s affected communities. Illiteracy is found mostly among the people aged above 60, where their average age is 63.7 as shown in the Table 4. However, in Ha Khanh commune of Han Gai, the illiteracy exists among some people between 40 and 60 years old. About 4.4% of the HHHs have high education.
Table 5: Average Education level of HHHs of PAPs, Quang Ninh Drainage and Sanitation Project Phase 2
Schooling grades / Bai Chay / Hon Gai / Cam Pha / Total AverageHigh education / 26.3 / 5.9 / 4.7 / 6.0
12 grade / 31.6 / 24.4 / 29.1 / 27.9
12<9 / 0.0 / 3.7 / 5.4 / 4.7
9 grade / 21.1 / 40.7 / 41.8 / 40.6
Lower than <9 / 21.1 / 22.2 / 16.1 / 18.1
Illiterate / 0.0 / 3.0 / 2.8 / 2.8
Total / 100.0 / 100.0 / 100.0 / 100.0
19.Results of sample HH’s socio-economic survey again confirm the relative high education level of the affected population, where the average schooling attendance years is equal (see Annex 4). Like the common situation of the country, the Illiteracy doesn’t exist among the young generation of affected people.
3.5.Occupation:
20.Cam Pha, Hon Gai and Bai Chay all are urban areas. The main industries of Quang Ninh in general, and the towns/city in particular, include cool mining, shipping, tourism, and trade. The non-agricultural activities provide sources incomes for almost all affected households. The cool-mining and related industries provides employment and incomes for main part of its population. Cam Pha is the heart of the inductry. It likely describe why the occupation in state enterpises and retired income consist the most part of the surveyed PAPs. Tourism and tourism-related activities contribute very important shares in the local economy, especially for Bai Chay ward. Hon Gai is an important commercial center not only of the province, but also of the Northern Coastal region. Agricultural activities contribute a very modest part of HHs income among the affected population, or generally do not play the role. Exception is the case of Ha Khanh ward, where the WWTP is proposed. In Ha Khanh, a recently urbanized ward of Hon Gai, where swamp land is more or less left for cultivation and farming, a considerable part of local HHs still are engaged in agriculture (involving 26.5% of their active labors). They are specialized on production of vegetables and green spices, pig and fish raising, serving demand of the local towns including Ha Long city (Hon Gai, Bai Chay) and Cam Pha. For many PAPs of Ha Khanh, besides of non-farm sources, cultivation in residential garden serves as important source of household’s green diet, which usually has missed in their employment or income source records. The envisaged displacement of PAPs from the core area and buffer zone of the proposed WWTP will pose severe impacts on considerable number of Ha Khanh PAPs.