Fishery Project Management Office

QUANG NAM DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

FISHERY PROJECT MANAGEMENT OFFICE

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NATURAL DISASTER MITIGATION PROJECT (WB4)

(Cr. 4114VN)

RESETTLEMENT ACTION PLAN

An HoaSeaHarbor For Boat Safety Subproject

QuangNamProvince

Quang Nam, August 2008

Subproject: An HoaSeaHarbor for Boat Safety, Nui Thanh District

Table of Contents

Abbreviation......

DEFINITION OF TERMS

I. Project introduction

II. SCOPE OF LAND ACQUISITION AND resettlment

II.1 The subproject description

II.2 Mitigation measures

II.3 Summary of main impacts of the subproject

III. Socioeconomic information

III.1 Information source

III.2 Population characteristics

III.3 Job and income

III.4 Affects to land and structure

III.5 Land-use status

IV. compensation policy

IV.1 Resettlement objectives:

IV.2 World Bank policy on involuntary resettlement:

IV. 3 Compensation policy of the Government of Vietnam:

IV.4 Decisions of Quang Nam PPC regulating the land acquisition, resettlement and compensation

IV.5 Compensation Policy of the Subproject

V. INFORMATION DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE REDRESS

V.1 Objectives of public information and consultation

V.2 Public consultation in the project preparation phase

V.3 Public consultation during the project implementation

V.4 Grievance redress procedure

VI. implementaiton organization

VI.1 Central level

VI.2 Provincial level

VI.4 District level

VI.4 Commune level

VI.5 Local massive organizations

VII. Budget

VII.1 Financing mechanism

VII.2 Compensation unit price

VII.3 Compensation budget

VIII. Monitoring and evaluation

VIII.1 Monitoring objective

VIII.2 Internal monitoring

VIII.3 External monitoring

Appendix 1: Estimated budget for compensation and allowance

Appendix 2: RAP Implementation and civil works plan

APPENDIX 3:SUMMARY OF COMPENSATION IMPLEMENTATION FOR PAHS IN THE SPOIL DUMPING AREA IN TAM QUANG COMMUNE...... 26

Abbreviation

DEFINITION OF TERMS

1.Project Affected Person (PAP) indicates any individual, a household, a group of people, a firm or a private or public organization, who, on the cut-off date of the project or of any component or parts thereof would have their:

(i)right, title or interest in any house, or any land (including premises, commercial, agricultural, forestry and grazing land) or any other fixed or movable asset, acquired or possessed, or lost, temporarily or permanently; and/or

(ii)business, occupation, work or place of residence or habitat adversely affected, temporarily or permanently, regardless of relocation or not; and /or

(iii)standards of living adversely affected.

2.Compensation means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the project.

3.Cut-off Date is determined as the date of completion of the socioeconomic survey in the subproject area during the RAP preparation process and the completion of the detailed measurement and survey upon the availability of the subproject detailed design. The subproject cut-off date for the eligibility to receive compensation is the date of completion of the detailed measurement and survey of the An Hoa subproject, i.e. July 20th 2008.

4.Eligibility: Any individual, on the cut-off date, is living in the area affected by the An Hoa sea harbor for safety boat subproject and has the following conditions are eligible to be compensated: (i) standards of living adversely affected; (ii) right, title or interest in any house, or any land (including premises, commercial, agricultural, forestry and grazing land) or any other fixed or movable asset, acquired or possessed, or lost, temporarily or permanently; or (iii) business, occupation, work or place of residence or habitat adversely affected, temporarily or permanently, regardless of relocation or not.

5.Land Acquisition refers to the process whereby a PAP is compelled by a public agency to alienate all or part of the land that the PAP owns or possesses, to the that agency for public purposes in return for a satisfactory compensation.

6.Monitoringrefers to the process of regular monitoring the implementation progress of the project activities and the achievement of the project objectives.

7.Rehabilitation means the process to restore income earning capacity, production levels, living standards and social network in a long term. Rehabilitation measures are deemed to be an integral part of the entitlement for compensation.

8.Relocation means the physical relocation of an AP from the pre-Project place of residence/ business base to a new place. This may include the reconstruction of houses and works, production land and public infrastructures in other place.

9.Replacement Cost means the equivalent value or the most close to market prices plus with transaction costs such as administrative fee, registration fee, or entitlement verification fee, replacement cost for agricultural land is calculated based on the productive potential and/or market price at the compensation delivery. Replacement cost for houses and/or other infrastructures are based on the reasonable market prices of new building materials and labour cost without depreciating and deducting value of salvaged materials. Replacement cost for residential land, crops, trees, and other assets will be calculated based on market prices of relevant assets. This ensures that PAP can rebuild houses or infrastructures with better or at least equal to quality of the pre-project houses or infrastructures. If no land market is available, the Provincial People’s Committee will establish a compensation policy which ensures that PAP can recover their living conditions equal to or better than those of before the land acquisition and/or the resettlement is taken place.

10.Resettlement Effects mean all negative situations directly caused by the subproject, including loss of land, property, income generation opportunity, and cultural assets.

11.Resettlement Plan is a time-bound action plan with budget, setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation.

12.Severely Affected Person is defined as a person who will (i) lose at least 20 percent of total agriculture/aquaculture landholding or business land, (ii) relocate and/or lose more than 50 percent of their main residential, and/or business base or have houses or infrastructures that are assessed unsafe or unable to use due to the project impacts and/or (iii) lose more than 20 percent of total income sources.

13.Vulnerable Group is defined as a group of people who are affected adversely due to the land acquisition and resettlement, including poor households, landless or almost landless households, female-headed household, disabled or disadvantaged households or ethnic minority households.

I. Project introduction

1.Quang Nam is a coastal province in the North Central Region with a 125 km of coastal line. The province has a total of 40,000 km2 of sea area, and about 90,000 tons of reserves of marine products. Along the coastal line has two major river estuaries connecting the sea, namely Dai estuary, Hoi An, and An Hoa estuary in Nui Thanh district, making two estuaries be easy for ships and boats to anchor, shelter, and gather, access to and for logistic services activities are taken place, meanwhile they help promote the marine product catching and fishing and build up major marine economic centers of the province.

2.The fishery economic development strategy up to year 2010 aims at bringing the fishery to gain a greater development step and actually becomes a key economic sector of the province. Details are: comprehensively developing the fishery in all three areas: catching, farming and processing in order to increase productions, extending scope of exports and supporting other industries; speeding up the industrialization and modernization process in the fishery; enhancing the catching capacity by increase capacity of fishing boats, changing the off-shore oriented fishing mechanism, and fishing cum farming in order to exploit the fishery around the year, etc.; and developing the logistic services for off-shore fishing boats such as: fish-harbor, boats building and repair bases, sea-harbor for boat safety in storm weather, fish-market, oil and petrol supply, ice-water supply, fishing tools, etc.

3.Quang Nam has a potentiality for fishery economic development; however, the infrastructures for fishery are not invested adequately. Among the traditional fishing harbors, some fishing harbors are under construction and the remaining are natural harbors. Currently, there are two fish-harbors which are being constructed, namely An Hoa fish harbor – Nui Thanh district, and TamKy fish harbor – TamKy district, and 01 fish harbor which is constructed and now in use is Cu Lao Cham fish harbor, Hoi An district. In general, logistic services bases are dispersed, in small scale and have low-quality services.

4.The harbor system for boat safety in storm weather, storm forecasting facilities, marine equipment, safety facilities for people and fishing boats are not given due attention to. Every year, losses of human beings, facilities in Quang Nam sea usually happen (obviously in the case of more than 150 fishermen in Quang Nam died and missed in action, lost more than 10,000 billion VND, more than 600 fishing boats and ships lost in the last Chanchu storm.

5.Currently, in Tam Giang and Tam Quang communes, Nui Thanh district, in addition to some fishing wharfs of farmers, the State also invests in building An Hoa fish harbor with sufficient physical infrastructures of a fishery logistic area. This fishery logistic area will support the sea harbor for boat safety in storm conditions, facilitate fishing boats and ships to anchor in storm weather, and this combination of works will inter-support in order to promote the investment effectiveness.

6.Name of subproject: An Hoa sea harbor for boat safety subproject, Nui Thanh district, Quang Nam province.

7.Investor: Quang Nam Provincial Department of Agriculture and Rural Development (DARD)

8.Construction site:Vung Da bay, bounded by the Tam Giang commune to the west and south, and Tam Quang commune to the east and north, in Nui Thanh district, has favored natural conditions for boats and ships to shelter in storms: water surface is large but out of wave and calm, and is closer to the infrastructures and logistic services for fishing activities i.e. An Hoa fishing harbor, and has a capacity for 1,200 fish boats and ships to shelter at the same time in storm weather. Actually so far, fishermen in coastal areas in the Central region usually have selected this to shelter in storm. With its natural conditions, Vung Da bay is selected to build the An Hoa sea harbor for boats and ships to shelter. In this region, fishing boats, ships and facilities develop strongly in quantity and types. Fishermen have experiences in fishing, catching marine products, building and repairing boats and ships. Meanwhile, some physical infrastructure works and logistic works exist to serve the fishery.

9.Objectives and tasks of the project: (i) building a sea harbor for fishing boats and ships and fishing facilities to shelter in storms in Quang Nam sea and in the vicinity in order minimize damages and loses to human and assets of fishermen in storm season, making fishermen to feel confident in fishing in off-shore and developing the fishery, (ii) creating a traditional wharf for fishermen to anchor before and after the fishing, (iii) coordinating with An Hoa fishing harbor and fishery craft-villages in the locality, providing premises for the development of economic activities such as marine product processing, fishing logistic services, fish boat building and repair, (iv) creating jobs for labour and improving socioeconomic life of local fishermen, (v) providing favored conditions for developing fishery extension services, protection of marine benefits and guiding the fishing ground.

II. SCOPE OF LAND ACQUISITION AND resettlEment

II.1 The subproject description

10.In accordance with the Decision 288/2005/QD-TTg dated November 08th 2005 of the Prime Minister approving the “adjustment to the planning of sea harbor for fishing boats and ships to shelter in storms up to year 2010 and in vision towards year 2020”, An Hoa sea harbor for boat safety is classified as a sea-harbor at provincial level and is prioritized to invest in the first phase.

11.Vung Da bay locates close to the downstream of An Tan river flowing to Truong Giang river, about 2.5 km from An Hoa estuary (seaport), in the territory of Tam Quang and Tam Giang communes, Nui Thanh district, Quang Nam province. This area has natural conditions favored for ships and boats to anchor and shelter in storm weather. The topographic condition of the area is similar to a natural dry lock, with one end connecting to An Tan river to An Hoa estuary. This natural dry lock is about 1,000 m long, 800 m wide on average, and is protected by villages and is close to active fishing ground so it forms a gathering point for ships, boats and fishing facilities to gather, for logistic services and shelter purposes when whirl-wind, tropical low-pressure happens in the local sea.

12.Potential impacts: Since the shelter area is built in the alluvial area and river estuary where is close to shrimp farming ponds of farm households so it is hardly to avoid adverse impacts from the construction of works such as turbid water affecting to the shrimp farming, relocation of rock-placed fish-traps of local people in Vung Da bay in order to dredge the area. Spoils and mud to be dredged will be dumped in shrimp farming ponds in Tam Quang commune which were acquired and compensated in the Project for Free Trade Zone of Chu Lai Open Economic Zone. Therefore, the project will not acquire land temporarily or permanently from people.

II.2 Mitigation measures

13.The location for the construction of sea harbor for boat safety in storms is selected based on the following criteria: (i) ensuring technical specifications of a sheltering place in storm weather for ships and boats; (ii) ensuring the safety of ships and boats to access to the storm-sheltering place; (iii) minimizing adverse impacts to local people. The selected location of the subproject is close to downstream of An Tan river flowing to Truong Giang river, about 2.5 km from An Hoa estuary (seaport) and this location satisfies all above-mentioned criteria. Because the proposed construction site is not a residential land so it will not cause resettlement but affect to the marine product farming, fishing and catching of some family households.

14.The technical solutions and construction are proposed and reviewed in order to minimize permanent or temporary land acquisition as well as to select the area which has been compensated and acquired in other projects to use as material stock piling and spoil dumping in this subproject. The construction access is waterway not road way, therefore, the subproject also avoids acquiring land temporarily.

II.3 Summary of main impacts of the subproject

15.The subproject will affect to two communes: Tam Giang and Tam Quang. According to the statistics of the Resettlement Committee of Nui Thanh district, there are 82 HHs with 397 people will be affected by the subproject, comprising of 80 shrimp farming HHs, 01 fish catching HH with rock-pitching fish traps who has to remove 9 rock-pitching fish traps, and 01 collective organization, i.e. Tam Giang CPC that is affected with shrimp ponds. All PAHs do not lose land but suspend raising shrimps in 01 year when the construction is carried out because the dredging will make water too turbid to raise shrimps. A total of 351,186m2 of shrimp farming ponds will be affected during the construction. None of PAHs loses residential land or is affected with houses (Table 1).

16. The objective of this RAP is to ensure that all PAHs will be compensated at replacement prices for affected assets and will be supported to mitigate adverse impacts so PAPs will have living conditions equal to or better than the pre-project conditions. The information and data presented in this RAP are collected from (i) detailed measure survey (DMS), (ii) socioeconomic information survey which has been carried out with 100% of PAHs, and (iii) group-discussion with PAPs. Because the number of PAHs is small (82 HHs) and there is no severe PAH so this RAP is abbreviated (abbreviated RAP) as regulated in the OP4.12 of the World Bank.

Table 1. Summary of impacts caused by the subproject

Area of land acquired