Leading and coordinating with PMU and People's Committee to implement Livelihood Restoration Program; Assisting district People's Committee to settle complaints concerning land acquisition, compensation and resettlement. Supporting DPC in issuance of LURCs for land plot in the resettlement site. Support the external monitoring consultant for conducting independent resettlement monitoring– as required this RPF. Ward/Commune level – Tan Chanh Hiep Ward People’s Committee: The Ward/Commune PC shall be responsible for: Cooperating with DBCLA in arranging compensation payment, resettlement and livelihood restoration implementation; Providing documents related to the origin of land use by affected households; confirming the eligibility of affected persons and affected assets; Assisting competent authorities to resolve land disputes and complaints of affected people. Assisting DPC, DBCLA in organizing meetings, public consultations, socioeconomic survey during RAP preparation and implementation; Establishing working groups at the Sub-ward level to support DPC and DBCLA in conducting Detailed Measurement Survey, Replacement Costs Survey, Socioeconomic Survey, and provision of required information to support the preparation and implementation of RAP; Identifying replacement land for the affected households who are eligible and propose livelihoods restoration programs appropriate to the conditions of the people and the locality; Resolving complaints at the ward/commune - as prescribed by the existing law; Community level - Responsibilities of affected people: Cooperating DBCLA and Ward/Commune PC in all activities related to land acquisition, compensation, support and resettlement; Handing over of the affected land to the project on time upon receiving full compensation and support package; Supporting in reconciliation of households with regards to land disputes, and helping affected households in the process of resettlement and livelihoods restoration; Appointing representatives in the Compensation Board to participate in monitoring the implementation of the plan for compensation, support and resettlement.
6.4.5 Implementation Schedule The following schedule is set to ensure the land acquisition plan is implemented in coordination with the construction plan. Activities Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb -18 Mar-18 Apr-18 May-18 Jun-18 1 Notice of Land Acquisition (16 Aug 2016) 2 Conduct Detailed Measurement Survey X X X X 3 Conduct Replacement Costs Survey X X 4 Finalize Draft Compensation Plan X X 5 Update draft RAP to reflect DBCLA compensation plan Y Y 6 Submit Updated RAP to WB for No Objection Y 7 Disclose Draft Compensation Plan X 8 Engage External Monitoring Consultant Y 9 Finalize Compensation Plan X 10 Issue Decision of Land Acquisition X 11 Start and Complete compensation payment X X X X 12 Start site clearance X X X X X X X 13 Land Hand-Over X X X X X X X X 14 Building Resettlement Site Y Y Y Y Y Y Y Y Y 15 Relocating to Resettlement Site X X X X X X 16 Delivery of LURC X X X X 17 Internal monitoring (PMU) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 18 External monitoring (PMU Consultant) Y Y Y Y Y Y Y Y Y Y Legends: X: District 12 Board for Compensation and Land Acquisition Y: Project Management Unit
Appendix 1 – Entitlements Matrix Type of Impacts Application Entitlements Implementation Arrangements PERMANENT IMPACT 1.AGRICULTURAL LAND Land users with LURC, or eligible for LURC Marginal loss (<20% of land holding or <10% for vulnerable group), the remaining area is still economically viable for use or meets expected personal yield. - Compensation will be at full replacement costs; and - Support for job training/creation (see item 8) PAP will be notified at least 90 days prior to land acquisition and receive compensation and allowances at the latest one month before land acquisition. The owner of land will hand over the land within 20 days since full compensation and allowances have been paid. Significant loss >=20% or >=10% for vulnerable groups Compensation will be at full replacement costs. Compensation will be paid in cash at full replacement cost for all the affected area within governmental allocated quota of 3ha. For area exceeding the 3ha-quota, compensation will be made only for the Remaining Land Investment Costs, which is the costs already invested in the land but has not been recovered by the time of land acquisition (Article 129,130 of Land Law 2013). In case where land is owned by inheritance, compensation will be paid at full replacement costs for all the affected area. For cases where land is owned by land transfer, compensation will be made in accordance with Article 8 of Decision No. 23/2015/QD-UBND of HCMC PC. For perennial land: PAP will be notified at least 90 days prior to land acquisition and receive compensation and allowances at the latest one month before land acquisition. The owner of land will hand over the land within 20 days since full compensation and allowances have been paid.
11.DAMAGES CAUSED BY CONTRACTORS Damaged property will be restored to its former condition by contractors, immediately upon completion of civil works. Contractors will be required to take extreme care to damaging property during construction. Where damages occur, contractor will be required to repair damages or pay compensation to the affected families, groups, communities, or government agencies at the same compensation rates as specified under this RPF. UNPREDICABLE IMPACTS DURING IMPLEMENTATION Any other impacts identified during project implementation will be compensated in accordance with the compensation principles set for in this RPF and in line with the World Bank’s OP 4.12.
OUTCOME Livelihood Restoration Program Does Livelihood Restoration achieve the planned objective as indicated in the approved updated RAP? % of households participating Livelihood Restoration Program confirm their full Livelihood Restoration (to pre-project level) after six months IM, EM Monthly Quarterly (monitoring started six months upon full completion of a) physical resettlement and b) of new businesses in the new location. Sustainability of Livelihood Restoration Program Confirm if the Livelihood Restoration Program works, indicative of it’s a) outcome and b) its sustainability. IM, EM Monthly Quarterly
Appendix 4 – Project Location Map Appendix 5 – Map of Construction Area that uses WB financing Appendix 6 – Socioeconomic Household Questionnaire (This survey has two Parts. Part 1 is socioeconomic survey and Part 2 collects information on loss of assets and the affected households’ perception of impact and their plan) PART 1 – SOCIOECONOMIC SURVEY Household code .....................Date of survey: __ / __ / 2016 Address of Respondent: …………………......................................…………..…….……................................. 1. RESPONDENT’S INFORMATION 1 Full name 2 Gender 1-Male 2- Female Age: 3 Ethnicity 2. GENERAL INFORMATION ON HOUSEHOLDS 4 Full name of head of household 5 Total of household members Male: Female: 6 Total number of family members (persons) having stable jobs
7 Total number of family member who has working capacity but have no job at the moment. 8 Vulnerable group 1. (single parent) with dependents and economic difficulties 4. Have family member with disability 2. Poor households Ethnic minority (specify)… 3. Households categorized as social policy HH
3. INFORMATION OF FAMILY MEMBERS No Full name Gender 1= Male 2=Female Age Relationship to household head 1=Husband/Wife 2=Father/Mother 3=Son/Daughter 4=Son-in-law /seal 5=Nephew/Niece 6=Brothers/Sisters 7=Others Ethnicity Main occupation 1. Governmental staff 2. Police / army. 3. Business Owner 4. Craftsmen 5. Workers 6. Farmers 7. Trading / Services / agro-forestry product processing. 8. Retired 9. Hired worker 10. Homemaker 11. Others (specify): ………………… Educational attainment 0= Illiterate 1=primary school 2=secondary school 3=High school 4=Training College 5=University/ postgraduate 6=Others (specify) Monthly Income Income to be Affected 1=No 2=Partial 3.Totally Notes 1 2 3 4 5
7.4. Reason of flooding 1. Heavy rainfall 2. House floor lower than road 3. Poor communal drainage system 4. No drainage system. 5. Others (please specify)…………………………………………………….. 7.5. In your opinion, how to local flooding problems? 1 . Dredging canals for water to flow fluently 2 . Build pumping stations and canals system 3 . Other solutions (be specific)…………………………………………………….. 8. ENVIRONMENTAL SANITATION Garbage collection 1-Yes 2-No If garbage collection service is not available, how is your garbage disposed of? 1- Dump into rivers, 2 - Bury 3 - Burn 4 – Dump anywhere 5 – Dump in a specified location 6 – Others (please specify) Frequency of garbage collecting 1 - Daily 2 - 3 times/week 3 - Once a week 4 - Once a month Evaluation of waste collection services: 9. EDUCATION
PART 2 - INVENTORY OF LOSS 1. INFORMATION ON HOUSEHOLD’S LAND ACQUISITION HISTORY Have you ever had your land acquired? 1. Yes 2. No If No, skip to Section 2 (below). If Yes, what type of affected land: 1. Residential. 2 Agricultural. Total area (m2) that has been acquired: ………….. Do the land acquisition result in your family’s physical relocation. 1 Yes. 2. No. 2. AFFECTED LAND Type of Land Total of area land the family own (m2) Area of each type of affected land Status quo Legal status 1= Residential land 2=Perrenial land 3=Annual cropland 4=Aquaculture land 5=Other land (please specify) Total of affected area (m2) 1=Partially affected 2 = Totally affected 1= Owned 2=Rent 1=Have land use certificate (LURC) 2= No LURC, but eligible for LURC 4= Public land (i.e. right of the way...)
Total 3. AFFECTED HOUSES Type Total floor area (m2 ) Status quo Affected level 1. Mansion 2. 1 3. Grade 2 4. Grade 3 5. 4 6. Temporary 7. Shelter 8. Others (please describe) 1. Built on agricultural land. 2. Built on residential land 3. Built on rent land 4. on public land/ Right of the Way 1. Living 2. Leasing 3. Lving combined with leasing 4. Living combined with business 5. For sole business purpose Total affected floor area (m2) 1 = Partially affected; 2 = Fully affected Do your family need to physically relocate? 1. Yes. 2. No. Note: A household can have several affected houses, please complete information for all affected houses. 4. AFFECTED BUSINESS (in the project area)
9. Latrine/bathroom (outside the house) 1. Brick 2. Iron/steel 2. Wood/bamboo m2 10. (made of earth) Grave 11. Grave (made of cement and brick) Grave 12. 1. Drilled 2. m 13. Water tank Brick/cement Inox Plastic m3 14. Yard (Cement or tile) m2 15. Fish pond (volume of digging) m3 16. Others structures 6. AND CROPS (Count only affected perennial trees and/or area of affected crop) Crops or agricultural groups Specifications Unit Quantity Note Fruits tree ages Tree