Coastal City Environmental Sanitation ProjectRAP
QuyNhonCity Sub-Project (CEPT)
SocialistRepublic of VietnamWorld Bank /
RESETTLEMENT PLAN (RAP)
QUYNHONCITY ENVIRONMENTAL
SANITATION SUB-PROJECT
(CEPT)
APRIL 2008
VOLUME 4
Submitted by Grontmij-Carl Bro a/s
in association with Carl Bro Vietnam and WASE
Table of Contents
1. INTRODUCTION
2.SCOPE OF LAND ACQUISITION AND RESETTLEMENT
3. SOCIO-ECONOMIC INFORMATION
3.1 Sources of information
3.2 Demographical Characteristics of DPs
3.3 Education
3.4 Land holdings
3.5 Income and income sources
4. LEGAL FRAMEWORK
4.1 Vietnamese Laws, Decrees and Circulars
4.2 New Land Law 2003
4.3 Decree 197/CP and Decree 84/2007/ND-CP
4.4 World Bank Policy on Involuntary Resettlement
5. COMPENSATION POLICY
5.1 Objectives for Resettlement
5.2 Displaced Persons
5.3 Eligibility
5.4 Resettlement Impacts and Entitlements
5.5.2 For Loss of Residential Land
5.5.3 For Loss of Houses and Other Structures
5.5.4 For Loss of Standing Crops and Trees
5.5.5 For Loss of Income and/or Business / Productive Assets
5.5.6 For Temporary Impacts During Construction.
5.5.7 Compensation Policy for Secondary DPs
5.5.8 Compensation Policy for Loss of Community Assets
5.5.9 Allowance and Rehabilitation Assistance During Transition Period
6. RESETTLEMENT SITE, PAP’S OPINION
AND PREFERENCE
6.1 Resettlement site
6.2 PAPs’ Preferences on Relocation Options and Compensation
6.3 Relocation
6.4 Income rehabilitation measures
7. INSTITUTIONAL ARRANGEMENTS
7.1 Binh Dinh Provincial People’s Committee
7.2 Quy Nhon City Project Management Unit
7.3 Quy Nhon City People’s Committee
7.4 Ward/Commune People’s Committee (W/CPC)
7.5 Agency Responsible for External Monitoring
8. PUBLIC PARTICIPATION, CONSULTATION AND GRIEVANCE REDRESS MECHANISM
8.1 Consultation During Project Preparation
8.2 Consultation Proposed During Implementation
8.2.1 Information Dissemination and Consultation
8.2.2 Public Meetings
8.2.3 Compensation and Rehabilitation
8.2.4 Public Information Booklet
8.2.5 Disclosure
8.3 Grievance Redress Procedure
9. IMPLEMENTATION SCHEDULE
10. COST AND BUDGET
10.1 Compensation Prices
10.2 Cost Estimates
10.3 Sources of Resettlement Funds
11. MONITORING AND EVALUATION (M&E)
11.1 Internal Monitoring
11.2 External Monitoring
11.2.1 Objectives
11.2.2 Agency Responsible
11.2.3 Monitoring and Evaluation Indicators
11.3 Monitoring methodology
11.3.1 Sample Survey
11.3.2 Database Storage
11.3.3 Reporting
11.3.4 Monitoring Report Follow-Up
11.4 Evaluation
ABBREVIATION LIST
ADBAsian Development Bank
ADWFAverage Dry Weather Flow (Daily)
APSPAnaerobic Primary Sedimentation Pond
BOD5Biological Oxygen Demand (five day)
CACascade Aerator
CBVCarl Bro Vietnam
CCESPCoastal Cities Environmental Sanitation Projects
CEPTChemically Enhanced Primary Treatment
CODChemical Oxygen Demand
CPCQuy Nhon City People’s Committee
DARDDepartment of Agriculture and Rural Development (Binh Dinh)
DOCDepartment of Construction (Binh Dinh)
DONREDepartment of Natural Resources and Environment (Binh Dinh)
DPIDepartment of Planning and Investment (Binh Dinh)
EBEffluent Box
EIAEnvironmental Impact Assessment
ESPEnvironmental Sanitation Projects
FCIRFormulation and Construction Investment Report
FSFeasibility Study
GEFGlobal Environment Facility
GoVGovernment of Vietnam
GCBGrontmij-Carl Bro a/s
HaHectare
IBRDInternational Bank for Reconstruction and Development
(the World Bank)
ISInlet Structure
Mg/lMilligrams per Litre
MOCMinistry of Construction (Hanoi)
MONREMinistry of Natural Resources and Environment (Hanoi)
O&MOperation and Maintenance
PDFPeak Daily Flow (2 x ADWF)
PFSPre-feasibility Study
PMUQuy Nhon City Environmental Sanitation Sub-Project Project Management Unit
PPCBinh Dinh Provincial People’s Committee
RPResettlement Plan
QNQuy Nhon City, Vietnam
SPSSecondary Pumping Station
SSTSecondary Sedimentation Tank
TORTerms of Reference
TFTrickling Filter
TSSTotal Suspended Solids
UNDPUnited Nations Development Programme
URENCOUrban Environmental Company
USDUnited States Dollar
VNDVietnamese Dong
WBWorld Bank
WSDCWater Supply and Drainage Company (Binh Dinh)
WWTPWaste Water Treatment Plant
1
Grontmij Carl Bro A/S April 2008 A/S
Coastal City Environmental Sanitation ProjectRAP
QuyNhonCity Sub-Project (CEPT)
Definition of Terms
Cut-off-dateThe date of completion of inventory of losses during preparation
of the RP. Displaced persons 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-off-date is located within the area
affected by the Project component, or other Project parts thereof, and: a) has formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b) does not have formal legal rights to land at the time the census begins but has a claim to such land or assets – provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan; c) does not have legal or legally recognized rights to the land they are occupying, using and/or have assets in. Persons covered under a) and b) are entitled to compensation for the lost land at full replacement cost and other assistance/s. Persons covered under c) are provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance/s, as necessary, to achieve the objectives set in this Resettlement Policy Framework, if they occupy the Project area prior to the set cutoff-date. Persons who encroach into the area after the cut-off-date are not entitled to compensation or any other form of resettlement assistance.
Replacement CostThe term used to determine the amount sufficient to replace lost
assets and cover transaction costs. For losses 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 will 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.
ResettlementThe 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.
Resettlement Plan The time-bound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation. (In OP 4.12, “resettlement plan” replaces “resettlement action plan”.)
Chapter I
INTRODUCTION
1. INTRODUCTION
Several of Vietnam’s cities are currently growing and developing rapidly and are expected to continue doing so in the next several years. The growth of resort coastal cities is expected to be higher than others because of the year-round influx of tourists, given the tropical climate and attractive beaches in Vietnam. The expected growth and prosperity of these coastal cities are expected to increase the volumes of both solid and liquid wastes in the cities. If these are not disposed of properly, they will adversely affect the health of residents, retard economic development and reduce the quality of the beaches. As an initial step to curb and control pollution in some of its coastal cities, the Government of Vietnam (GoV) established the Coastal Cities Environmental Sanitation Project (CCESP) with the main function to collect, treat and properly dispose of domestic solid and liquid wastes. Three cities are included in the current CCESP and these are Nha Trang, Dong Hoi and Quy Nhon.
These cities were selected because they are currently experiencing higher than average growth, much of which is related to tourism, which depends on good environmental conditions; their water supplies have been recently, or are currently being, expanded; and they have high poverty densities. They are also expected to continue developing in the foreseeable future.
The more specific objectives of the CCESP (or “the Project”) are to:
- reduce the incidence of flooding;
- construct new wastewater collection, pumping and treatment system and facilities;
- improve the collection of solid wastes, and ensure their safe disposal through the establishment of new and better designed sanitary landfills; and
- strengthen the capacity of urban environmental companies (URENCO and WSDC) to sustain the improvements made.
With these objectives, the Project will result in improved public health, reversed environmental degradation and improved functioning of sanitation infrastructures in project cities, leading to higher efficiency and economic growth potential, particularly from tourism.
The range of environmental sanitation activities that are covered under the Project includes the following:
- rehabilitation and improvement of existing drainage and sewerage system,
including construction of new channels for storm and/or wastewater collection - construction of wastewater treatment facilities
- improvements in solid waste collection and disposal
- development of resettlement sites
- revolving fund for household sanitation
- institutional capacity building
The Project will be implemented in two phases and each of the three cities have programmed their activities accordingly, i.e., Phase 1 to be implemented starting early 2007 and Phase 2, starting 2008.
As for QuyNhonCity, in Phase 2, the Wastewater Treatment Plant 1B is expected to be built on the North bank of DinhRiver, in Nhon Binh Ward. The project is funded by nonrefundable grant of Global Environment Fund (GEF). This fund is under management of World Bank (WB) , hence the resettlement has to follow both Vietnamese Law and WB policy on resettlement and compensation. This construction project will require the displacement of about 100 households living in the area. In order to implement compensation, rehabilitation and resettlement of project, it needs a Resettlement Action Plan (RAP). This Resettlement Action Plan lays down the principles and objectives, eligibility criteria of Displaced Person (DP), entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP.
Chapter II
SCOPE OF LAND ACQUISITION
AND RESETTLEMENT
2.SCOPE OF LAND ACQUISITION AND RESETTLEMENT
The proposed project area situated in Nhon Binh Ward is anticipating to cause land acquisition and resettlement impacts as these may necessitate:
- Permanent land acquisition for the building of WWTP: about 12 ha consisting of mainly shrimp ponds (more than 10ha), this aquaculture land is owned by the government and lend to 3 HHs for shrimp cultivation. The lending time is terminated in 2007 and 2008. These shrimp ponds do not bring main benefit to cultivators since the yield is low and cultivators have main income from other sources. Therefore, they are not households affected by the Project. Residential area in the core zone belongs to 3 households and there is no house on this land. These households currently are living in the buffer zone and they will be removed from the buffer zone. Agricultural land includes 6582 m2 of 4 households. The affected agricultural land areaof each household is small compared to their total agricultural landholding (less than 20%) -The remaining agricultural land area belongs to the government. (see table 1)
- Land acquisition for the buffer zone around the plant. The buffer zone is defined as area within 300m from the core zone (following TCVN 7222:2002).Total 79.2 ha consisting of rice field and residential areas. However the Project will acquire only residential land and remove 97 household from the buffer zone. The agricultural land in the buffer zone will not be acquired and the owners can still cultivate on that land.
- 0.12 ha and 6 HHs would be affected by temporary acquisition of land for the construction of discharge system. The land temporarily affected is agricultural land and each household is affected on average 200 m2 (slightly affected)
The table 1 shows result of land acquisition scope from loss inventory survey from 2 – 9 September 2007.
Table 1. Scope of land acquisition
Item / Unit / QuantityLand of core zone / Residential land / m2 / 785
Garden / m2 / 81
Agricultural land / m2 / 15737
Aquaculture land / m2 / 102997
Total core zone / m2 / 119600
Land of buffer zone / Residential land / m2 / 17345
Garden / m2 / 21930
Affected household / affected / 110
relocated households / household / 97
Households want to move into resettlement site / household / 91
Households want to be self-relocated / household / 6
Households whose business will be affected / household / 3
Household temporary affected / household / 6
Poor households / household / 16
Households having wounded soldiers or martyr / Household / 14
The project will affect approximate 110 households, of which 97 household living in the buffer zone will need to be relocated. Among them, 3 households are doing small business (selling cakes, candies, etc.) and their income will not be much affected due to relocation.
It is noted that all the affected households have been living there for a long time, even before the country re-unification, so although they have not yet received the land use right certificates, they are legalizable and they are eligible to compensation and resettlement as legal DPs.
In the project area there is a small shrine in the buffer zone. It is the place for harvest festival in the area. From public consultation result, the shrine should be kept the same situation for religious ceremonies. No ethnic minority people was found residing or cultivating in the site.
Chapter III
SOCIO-ECONOMIC
INFORMATION
3. SOCIO-ECONOMIC INFORMATION
3.1 Sources of information
Socioeconomic information of this RAP comes from sources: (i) results of socioeconomic household survey of 97 HHs; (ii) results of formal and informal meetings and group discussions with local authorities at all levels and project- impacted people; (iii) loss inventory survey.
3.2 Demographical Characteristics of DPs
Total 97 persons were interviewed. Following are the demographical chracteristics of the surveyed affected residents. Total population of surveyed is 423 person with 206 male and 217 female showing that the equal proportion of male to female. The average number of people in an affected household is 4.4 persons, the smallest number is 1 and the highest one is 10 persons. All HHs are Kinh people and 34 HHs (35%) follow buddhism meanwhile the rest have no religion.
The average number of laborers in each household is 2.3. The highest number in a household is six. There are 7 households which do not have labor-age people. The income of these HH is from rice cultivation or assistance from their relatives.
3.3 Education
Education level of household heads are mainly primary and secondary levels with 41.2 and 40.2% of total HHs respectively. Generally, aged people have education of primary levels. Four persons are illiteraete , they are aged people. Meanwhile, the young generation mostly has basic secondary education. Of 423 persons, 101 are still going to school.
Table 2 Educational levels of the household heads
EducationItem / Illiterate / Primary / Secondary / High school / Collegeand
university
Number / 4 / 40 / 39 / 10 / 4
Percentage (%) / 4.1 / 41.2 / 40.2 / 10.3 / 4.1
3.4 Land holdings
Agricultural land was allocated to people by the province since 1997. At that time, an area of around 1 sao 1 per capita (or 500 m2 per capita) was distributed to people. In the survey the land area per capita was 470 m2. The land use right will be exprired in 2017. 19 HHs have no land for cultivation and among them 10 HHs have income source from hired labors. In general, every HH has house with size of from 50 to 150 m2 on a land area from 100 to 500 m2
3.5 Income and income sources
16 HHs are classified as poor since their income lower than 260,000 VND/month (the criteria set for urban area). Among them, 7 HHs have main income as rice cultivation. The income from 200,000 - <600,000 VND/capita/month takes the high proportion with 64 HHs. The rest 17 HHs have income equal or higher than 600,000 VND/capita/month. In comparison with the incomes of the households living within QuyNhonCity, the households living within project area have lower incomes.
Many HHs in the project area engage in rice cultivation with 74 HHs (76.3%). However only 16 HHs (16.5%) consider it as the main income. As the agricultural land in the buffer zone will not be acquired, the farmers can continue to cultivate on their land.In general, rice cultivation is to self supply rice to people. Rice field can be cultivated with one or two crops. The summer-autumn crop is depend on water source each year, fields are not cultivated in case of insufficient water.
48 HHs (49.5%) have main income from hired labor. 14 HHs (14.4%) have main income from working as capenter in enterprises with the wage is around 50,000 VND/day. These HHs in spite of being displaced, their income will not be interrupted or seriously reduced because their jobs do not much depend on the land. Beside the main income, 78 HHs (80.4%) of total interviewed HHs have additional income
Table 3. Income sources
IncomeItem / Agriculture / Labor / Salary / Other
Number of HH / 16 / 48 / 14 / 19
Percentage / 16.5 / 49.5 / 14.4 / 19.6
All, 100%, of HHs are connected to national power grid. All have basic social infrastructure, including primary school, post office and health care centers. However, only a half of DPs are connected to safe water. Others have to use water derived from Dinh river which is not sanitary for domestic activities, the tape water system does not access to this zone.
Chapter IV
LEGAL FRAMEWORK
4. LEGAL FRAMEWORK
4.1 Vietnamese Laws, Decrees and Circulars
GoV laws and regulations that provide framework and procedures/ guidelines to land acquisition and resettlement activities include:
-The Constitution of the SocialistRepublic of Vietnam, April 1992.
-Decree No. 60/CP, 5 July 1994, on property ownership and right to use urban residential land, ensuring the right to own residential structures and use residential land.
-Decree No. 91/CP, 17 August 1994, regulating urban planning management.
-Decree No. 64/CP, 27 September 1993, transferring agricultural land to households for long-term use.
-Decree No 17/CP, 4 May 2001, regulating the management and utilization of Official Development Assistance (ODA).
-The New Land Law, approved by the National Assembly on 26 November 2003, updating and superseding the 1993 version. Effective starting 01 July 2004, it establishes land allocation regulations, lease management, land acquisition for development purposes, changes of land value under market mechanisms and gives people access to land through land-user rights via land use right certificates (LURCs), which are similar to private ownership. In essence the law allows the State to recover land in cases of national defense and security, or national interest.