External Resettlement Monitoring Report Semi annual Report Mission 3 Octocber, 2013 VIE: STRENGTHENING WATER MANAGEMENT AND IRRIGATION SYSTEMS REHABILITATION PROJECT Subproject: Nhat Trai pumping station in Bac Ninh province Prepared by: The Local Implementation consultant (LIC) Hà Long Investment and Consulting JSC ( Halcom) for the Central Project Office (CPO) Under Ministry of Agriculture and Rural Development (MARD) and the Asian Development Bank (ADB).
CURRENCY EQUIVALENTS (As of 31 th December 2012 at Vietcombank) Currency unit vnd VND 1.00 = $ 0.00004789 $1.00 = VND 20,815 WEIGHTS AND MEASURES m (Meter) Is the base unit of length m2 (Square meter) A system of units used to measure areas m3 (Volume) A system of units used to measure the spaces, that an object or substance occupies. kg (Kilogram) A decimal unit of weight based on the gram
ABBREVIATIONS ADB AH AP BHH CPMO CPO CPC DARD DOLISA DRC DMS DONRE DPC EA EMA IOL LURC MOLISA MONRE MARD PPC PMU RF RP SES Asian Development Bank Affected household Affected person Bac Hung Hai Central Project Management Office Central Project Office Commune Peoples Committee Department of Agriculture and Rural Development Department of Labor, Invalids and Social Assistance District Compensation, Assistance, resettlement Committee Detailed Measurement Survey Department of Natural Resources and Environment District Peoples Committee Executing Agency External Monitoring Agency Inventory of Losses Land Use Rights Certificate Ministry of Labor, Invalids and Social Assistance Ministry of Natural Resources and Environment Ministry of Agriculture and Rural Development Provincial Peoples Committee Project management unit Resettlement Framework Resettlement Plan Socio-Economic Survey
VND VWU WRU Vietnamese dong Viet Nam Women s Union Water Resources University This resettlement monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
CONTENTS ABBREVIATIONS...3 I. INTRODUCTION...6 I.1. Overview of Project...6 II.2. Findings in Monitoring mission 1...7 II. MONITORING METHODS AND ARRANGEMENT...8 III. MONITORING RESULTS...9 III.1. In-door works....9 III.2. Dissemination of information...10 III.3. Inventory of loss...11 III.4. Compensation plans...12 III.5. Resettlement for relocated households...16 III.6. Income and living restoration...16 III.7. Complaints and grievance redress...16 IV. CONCLUSION AND RECOMMENDATIONS...17 IV.1. Conclusion...17 IV.2 Recommendations...17 V. Appendix: Photograph of Doan Thuong pump station September 2013...18 5
I. INTRODUCTION I.1. Overview of Project 1. Based on the Decision No. 1399/QD-BNN-TCTL on June 14, 2012 of MARD on the approval of Nhat Trai Pumping Station Sub-Project in Luong Tai district, Bac Ninh province in "Strengthening irrigation management and improvement of irrigation system" project funded by ADB and AFD (ADB5). Nhat Trai Pumping Station is designed together with Vang II and Van Thai A pumping stations for drainage for 14.812ha of Gia Thuan subregion in Bac Ninh province as well as to improve the ecological environment in the project area. Pumping station is designed with the flow of 30 m 3 /s. In addition, the sub-project also includes items such as discharge tank, discharge sewer through dike, channel and two-storey administration house. In addition, the sub-project build on the transferring channel to the Station with the length of 1.683m and a number of other internal items. 2. According data provided by PMU in September 2013, the construction of Nhat Trai pumping station affect 03 communes: Lai Ha, Minh Tan, Trung Xa. Total number of affected households is 299 households with 1.215 affected people. There were 80 severely affected households (losing from and more than 10% of land/assets), 07 poor households. Summary of project affected households and severely affected households in each commune of the project as follows: Table 1: Number of affected households No. Communes Number of Number of Number of Number of Number of affected severely slightly vulnerable poor households affected affected households households households households 1 Trung Xa 94 45 49 5 2 2 Lai Ha 1 0 1 0 0 3 Minh Tan 204 35 169 8 5 Total 299 80 219 13 7 Source: PMU s data - September/2013 3. Impact on land: According to statistics for the RP approved by ADB, the subproject of Nhat Trai pumping station will require land acquisition of 142.028m2 including 23.800m2 of tranferring land into residential land; 91.549m2 of agricultural land; 26.667m2 of traffic and irrigration land. Detail of impact will be described as follows: 6
Table 2: Land impact Impact type Trung Xa Minh Tan Total Unit: m2 Agricultural land managed by households Agricultural land managed by the commune 19.230 0 19.230 1.657 70.662 72.319 Transferring land into residential land 0 23.800 23.800 Traffic and Irrigration land 4.624 22.053 26.677 Total 25.512 116.515 142.028 Source: DCARC s data - 10/2012 4. Temporarily affected land during construction: The construction will impact on 75.015m2 of agricultural land and 26.126m2 of traffic and irrigration land. 5. Impact on assets and crops: - 05 households will have houses, kitchen and warehouses affected with the total area of 160m2. - Some structures will be affected such as water tanks, wells, cement yard, walls etc. - Affected crops are mainly carrots (166.566m2), affected plantings are mainly banana, bamboo, eucalyptus with a total of 1571 trees etc. II.2 Findings in Monitoring mision 2 6. Until March, 2013; 100% affected households in the first phase received the compensation. The PMU and the DCARC conducted the resettlement process as outlined in the resettlement plan and the Government's Decree 69/2009/ND-CP without any complaint and grievance. 7. The stage of information dissemination and inventory has the participation and representation of the APs and stakeholders. The internal monitoring of the first quarter of 2013 was undertaken by PMU according to CPO s form. The internal report has been prepared with full information, which reflects the resettlement implementation progress as well as problems to be solved. Data is stored at the DCARC s and the PMU s offices in document and the database on the computer to serve management and reporting. 8. Compensation payment to affected people in phase 2 has not been implemented because 7
there are still some pending issues (1) ditch irrigation system manufacturers serving the area across the river (about 7,000 m2), (2) determine specific location for a bridge to the cemetery, (3) solutions for the local pump station when under project impact, (4) some AHs requested to check again their area of land devided by Board of Land Consolidation. 9. The compensation plans for 82 affected households in Minh Tan commune is being recalculated. The province is conducting land valuation for the affected households. 10. IMO will monitor the payment of phase 2&3 and reflect findings in the next monitoring report 11. After the second monitoring phase, the Consultant made some recommendations as follows: To start the construction of the subproject as proposed schedule, the PMU and DCARC need to accelerate the progress to settle all remaining issues and complete the compensation payment in April 2013. Through consultation and interviews with AHs, IMO saw some remaining issues need to be settled as following: - Some HHs with their total area of unacquired land of 7000m2 will face difficulty when continue their cultivation due to lack of water sources. - The specific location of the bridge is under selection process. The location must be suitable for both communes of Nhat Trai and Nhi Trai. So far, the agreement with HHs has not been reached. - Solution for the local pump station when it is affected by the project; - Some AHs requested to check again their area of land devided by Board of Land Consolidation. PMU representative said that: PMU and DCARC agreed to assign for local authority to replan the ditch irrigation system of the area so as to make it more convenient for cultivation. II. MONITORING METHODS AND ARRANGEMENT II.1. Methodology 12. Consultants have used a combination of different methods to monitor for both qualitative and quantitative information. The main methods included focus group discussions, questionnaire survey, literature review and interviews. In addition, consultants also combine 8
observations to learn more about the living conditions of the affected households and the actual field progress. 13. The preparation for the monitoring stage was conducted in the weeks from 03/09/2013 to 08/09/2013. In the Consultant s office, the experts of the monitoring team prepared the monitoring tools reviewed the remaining issues of the subproject from the previous mission and prepared the monitoring tools for the monintoring mission 3, including guidance for in-depth interviews and group discussions, research of URP documents related to the project compensation. The field monitoring in three provinces of Hung Yen, Bac Ninh and Hai Duong is started from 9/92013 to 16/9/2013. 14. On 12/9/2013, consultants worked with PMU of ADB5 subprojects in Bac Ninh province; update information from the monintoring mission 2 (if any), find and collect data of arising issues (if any), solutions for the monitoring mission 3. Consultants conducted field consultations, indepth interviews with AHs from 3 communes in the project area; observerd and visited the site of construction. 15. On 13/9/2013, after completing the site monitoring, the monitoring team worked with the PMU of ADB5 subprojects in Bac Ninh province for the discussion of the monitoring contents. 16. According to information obtained from the PMU of ADB5 and Luong Tai DCARC. The compensation is divided into three phases. In which, all 165 households in the first phase in Trung Xa and Minh Tan communes received compensation and until now, there is no complaints and grievances. 100% of AHs(94) of Trung Xa commune were compensatedin the second phase.. The third phase included 40 AHs (82 land lots). PPC of Bac Ninh issued a Decision No. 775/QD-UBND dated 4/7/2013 on approving the land prices to make it households. and as a basis for establishing compensation estimation for affected 17. Based on this situation, the Consultant conducted field monitoring and public consultation with representatives of the households in the first, second and third phases. Consultants conducted public consultations with 25 representatives of affected households. In which, 7 HHs are from the first phase; 13 from the second phase. ; Consultants conducted indepth interviews with representatives of 05 affected households from the third phase.. III. MONITORING RESULTS III.1. In-door works. 18. The DMS has been completed for affected households in 03 phases. The survey households all agree with inventory data completed by the DCARC. The DMS record 9
was signed by the affected household. 19. PMU in collaboration with Luong Tai DCARC conducted compensation for households in the first and second phases. Overall, the compensation process was conducted according to the stages prescribed in Decree 69/2009/CP and approved RP as well as provincial regulations. 20. The DMS records and approved compensation plan, list and decision on land acquisition and land acquisition decision for each individual were fully stored in PMU s and CDARC s offices. The inventory records of assets and land status had full signatures of the participants and representatives of affected households. 21. Compensation for affected households (259 AHs) in the first and second phases were completed. All 259 affected households have received compensation money and signed on the paylist. There is no complaints and grievances. 22. Compensation for the third phase included 40 households/82 landlots in Minh Tan commune. DMS for these HHs were completed. At the IMO mission 3, PPC of Bac Ninh issued Decision No.775/QD-UBND on applying residential land price for these HHs. PMU in collaboration with DCARC are preparing to publicize the Compensation Plan. PMU of Bac Ninh province is expected to complete all procedures so as to make compensation payment in October 2013; the construction will be started in the end of 2013. 23. Internal report on new form issued by the CPO was prepared by PMU and submitted to CPO in the first quarter of 2013. This new form of report presents the details of the household, which is summarized in general data and schedule as well as the emerging issues and recommendations. According to PMU expectation, internal report will be submitted to CPO the second time by PMU after completing the compensation payment for AHs from the third phase(expected to be in October/2013). III.2. Dissemination of information 24. Project disclosure as well as its stages of resettlement and compensation and compensation plan was conducted by the PMU and Luong Tai DCARC. As a result of public consultation and survey questionnaire, 25/25 of the affected households said they were informed about the Project and understood the project policies. 25. Survey results about the participation of HHs into the project activities showed that HHs were informed in advance and engaged in activities related to DMS. Regarding to the selection of compesation options, 4/25 slightly AHs on their agricultural land said they did not care about this, because their affected area is really inconsiderable. 10
26. Compensation Plan for AHs in the first and second phases were posted publicly at the CPC headquarter. After the publicity, 100% of households has reviewed and signed on the minutes of the compensation calculation. 27. Conclusion: the dissemination of the project information to AHs were conducted following the regulations of the Government and ADB. AHs were aware of the project information, policies as well as their benefits. They actively participated and created favourable conditions for the project implementation. III.3. Inventory of loss 28. The inventory of affected land and assets has been completed for the affected households of the first, second and third phases. At the public consultation meetings and deep interviews, the affected households said they agreed with the inventory data conducted by the CARC. They did not have any inquiries, complaints and lawsuits against the inventory results. Inventory records were certified by affected households. Survey results also showed that 25/25 of households said DMS was correct. 29. AHs HHs were informed in advance and engaged in activities related to DMS. The result of AHs participation is described in the following table: Table 3: Affected households participation in project activities No. Content Yes Answer No 1. Participate in project disclosure and public consultation 25 0 2. Informed DMS time 25 0 3. Participated in DMS 25 0 4. Is the DMS accurate? 25 0 5. Reviewed and signed on the DMS form 25 0 6. Discussed about the compensation plans 21 4 7. Reviewed the calculation record 25 0 30. At the public consultation, people expressed their agreement with the DMS result. Communal officials informed us the DMS time. I participated in the DMS team. I reviewed the result and signed the minute of confirmation. I saw the DMS result was correct, (said a AHs of Trung Xa commune.) 11
31. Conclusion: The DMS of land and assets of HHs was conducted publicly and in a transparent manner under the regulations stated in Decree 69/CP and RP. III.4. Compensation plans III.4.1. Legal framework and compensation baseline 32. The legal framework and the main basis for compensation is the Policy Framework of the Resettlement Plan the ADB approved. The Policy Framework is developed based on the legislation of the Government of Viet Nam and the ADB's policy relating to the involuntary land acquisition and resettlement as well the solutions for the differences between both of them. 33. Besides, the compensation progress will applied some decisions as follows: Decision No. 155/2011/QD-UBND on Dec 22, 2011 of the Bac Ninh PPC on the regulation of land prices in the province in 2012. Decision No. 171/2009/QD-UBND on Dec 18, 2009 of Bac Ninh PPC on issuing a Regulation of the implementation content of some Decrees of the Government on compensation, assistance and resettlement when the State recovers land in Bac Ninh province and Decision No. 157/2011/QD-UBND on Dec 27, 2011 on amending Clause 1, Article 10 of the Regulation issued together with the above Decision 171/2009/QD-UBND. Decision No. 157/2010/QD-UBND on Dec 17, 2010 of Bac Ninh PPC on the decision on unit price for specified crops and aquaculture when the State recovers land. Decision No. 652/QD-UBND on May 28, 2012 on the promulgation of unit price for houses and structures regarding resettlement and compensation activities in Bac Ninh province. III.4.2. Compensation Prices 34. The unit price applied for compensation and assistance (phase 2) and the unit price in accordance with conversion price survey in RP are summarized in the following table: Table 4: Unit prices for compensation and the unit price in accordance with replacement price survey in RP No. Items Unit prices for compensation (VND/m2) Unit prices in accordance with replacement price survey (VND/m2) 12
No. Items Unit prices for compensation (VND/m2) Unit prices in accordance with replacement price survey (VND/m2) 1 Permanent agricultural land acquisition 2 Compensation for crops on acquired land during construction time 15.000 15.000 27.000 N/A 3 Agricultural land of the commune 35.000 35.000 4 Plantings 15.000 1.050.000 45.000 (VND/unit) (Source: IMO s mission 2 report 3/2013) 35. The compensation unit prices applied for HHs in the third phase are summarized in the following table: Table 5. Unit prices for compensation and the unit price in accordance with replacement price survey in RP No. Items Unit price for compensation (VNĐ/m2) Unit price in accordance with replacement unit price survey in RP (VNĐ/m2) 1 Land for growing other annual trees 70.000 33.400-50.000 2 Land for aqua raising 70.000 50.000 3 Rural residential land 992.000-1.240.000 167.000 208.000 4 crops 9.000 6.000-12.000 36. In comparision with the price unit of the PPC for the AHs in the third phase, the 13
compensation price for crops and trees which DCARC of Luong Tai are submitting to DPC for approval is appropriate to the RP. And the unit price applied for HHs in the third phase by Bac Ninh PPC was established following the current prices of various types of land. 37. Through consultation with the local governments (representatives of the CPC, staff of DCARC, PMU), the applied price unit is suitable with the local replacement cost. The interviewed AHs agreed with the compensation pice which had complied with the local price. In a public consultation, a resident of HHs from the third phase of Minh Tan commune said We see the applied compensation is suitable with the current market price. Satisfied compensation helps us have enough money to repair our houses and develop our family economy. My family agreed and had no complaints about the compensation price. (said a of AH in Minh Tan commune.) III.4.3. Assistances 38. Allowances for severely affected households did not established in the compensation plan for affected households in the first phase because there was no severely affected household 39. Allowances for affected households in the second and third phases are summarized in the following table: Table 6. Summarise of allowances for the first and second phases No. Subjects Application I HHs with high risk of poor/difficulties due to losing land and assests Special assistances will be provided for HHs of social policies and HHs with sepcial difficulties under the regulations (30kg of rice/a month for every person x 6 months). II III Vulnerable households (HHs headed by women,...) Livelihood stabilization Assistances equivalent of 30kg of rice /a person x 24 months 30kg of rice/a person x 6 months for HHs aquired from 10 30% of their agricultural land; 30kg of rice/a person x 9 months for HHs aquired from 30 70% of their agricultural land; (Source: Data provided by PMU July/2013) 14
40. The consulted HHs in the second phase said they received the project assistances. I saw all the compensation amount for my family in the compensation calculation table. I saw the compensation for land, trees and other assistances. I am satisfied with the compensation. The more compensation the project made, the better AHs feel, (said a woman of AH in Minh Tan commune.) 41. Conclusion: Assistances applied in the Compensation, Assistance and Resettlement Plan are suitable with policies stated in RP of the project. III.4.4. Compensation plan approval Compensation cost 42. Compensation for affected households at the first phase is approved through Decision No. 2514/QD-UBND on Dec 25, 2012. According to this decision, (1) land acquisition area is 79380.7 m2, (2) compensation area for land is 68171.6 m2, (3) compensation fund and assistance is 8.076.876.200VND. 43. Compensation for affected households in the second phase was approved in Decision No. 2562 QD-Committee on Dec 28, 2012 of Luong Tai District PC. According to this decision, (1) land acquisition area is 25512.2 m2, (2) land compensation and assistance fund is 20887.8 m2, (3) compensation fund and assistance is 9,218,401.124VND. 44. Compensation Plan for affected households in the third phase: At the monitoring mission 3(september/2013), the Compensation, Assistance and Resettlement Plan was being completed by DCARC and prepared to be publicized. III.4.5. Compensation payment 45. Phase 1: The compensation payments were conducted for affected households in the first phase, to compensate for phase 1 households. Through public consultation, 100% of households received cash compensation and handed over the site to the PMU; 100% of households is satisfied with compensation plans and recommends that the project should be quickly implemented to ensure its schedule and the mitigation of negative impacts on the lives of people like dust, noise etc. 46. Phase 2: Compensation payment were made to 94 affected households in Trung Xa commune. AHs agreed with PMU on the issues: (i) adding some welfare works such as: Irrigation systems for production over the area across the river (7.000m2); (ii) Identify comprehensive position for the bridge to the cemetery: the project is planned to build the bridge with 3m width and 39m length with about 5 billion fund. However, people believe that the bride location is not reasonable; (iii) Plan for dealing with the local pumping station when under project impact; (iv) Some AHs requested to check again their area of land devided by Board of Land Consolidation in 2010. 15
47. My family received the compensation money from the project. I think the payment is undertaken accurately. PMU considered and settled satisfactorily our proposals. I hope the project will be implemented soon bringing benefit to the local production, ( said a man in Trung Xa commune.) 48. Stage 3: Total of 42 HHs with 82 affected land lots in Minh Tan commune are under the process of completing Compensation, Assistance and Resettlement Plan. PMU is expected to make compensation payment in October/2013. III.5. Resettlement for relocated households 49. There are no relocated households in all records of 03 phases. III.6. Income and living restoration 50. 259 HHs received the compensation money. However, the project has not carried out the site clearance so far. HHs are still cultivating temporarily on the affected land. 51. According to the monitoring result, the project has not had any negative impact on the income and livelihood of AHs so far. AHs on agricultural land are still cultivating and harvesting on the affected area. 52. The early compensation helps AHs actively have plan to spend the money effectively like investing into their own business to develop family economy; paying for children education; paying for the family healthcare, etc. 53. Answering the interviews, 100% of interviewed HHs said that the project had no negative impact on their income. III.7. Complaints and grievance redress 54. According to the information obtained from the PPMU, the District Compensation, Assistance and resettlement Committee and the CPC, during the implementation, there are no written complaints from the affected households. 55. AHs proposed some following issues: (i) adding some welfare works such as: Irrigation systems for production over the area across the river (7.000m2); (ii) Identify comprehensive position for the bridge to the cemetery: the project is planned to build the bridge with 3m width and 39m length with about 5 billion fund. However, people believe that the bride location is not reasonable; (iii) Plan for dealing with the local pumping station when under project impact; (iv) Some AHs requested to check again their area of land devided by Board of Land Consolidation in 2010 These issues were condisered and settled appropriately by PMU and involved agencies. 56. Regarding some questions on the inventory of crops and plants from households, the 16
Mission Team timely explained to them. All affected households the Monitoring Team interviewed and collected information do not have any questions and complaints whatsoever. IV. CONCLUSION AND RECOMMENDATIONS IV.1. Conclusion 57. Until September, 2013; 100% affected households in the first and second phases received the compensation money. The PMU and The DCARC conducted the resettlement process as outlined in the resettlement plan and the Government's Decree 69/2009/ND-CP without any complaint and grievance. 58. The stage of information dissemination and inventory has the participation and representation of the APs and stakeholders. Data is stored at the DCARC s and the PMU s offices in document and the database on the computer to serve management and reporting. 59. During the time of establishing Compensation, Assistance and Resettlement Plan for AHs in the third phase, PMU, DCARC of Luong Tai and other stakeholders identified the owners of 82 affected landlots in Minh Tan commune. Hence, there are 40 AHs with the total of 82 affected landlots. The compensation plan for these HHs are being completed following the new unit price issued by PPC. 60. PMU will submit the second internal report to CPO after completing the third payment(expected in October/2013). 61. IMO will monitor the payment of phase 3 and reflect findings in the next monitoring report. IV.2 Recommendations 62. For the launching on project's progress, PMU and DCARC need to address existing and completed compensation payments in November, 2013. 63. Keeping the dissemination of information to AHs; It is needed to have timely explaination to complaints of the local people. 17
V. Appendix: Photograph of Nhat Trai pump station September 2013 18