THE NATURAL DISASTER RISK MANAGEMENT PROJECT, WB4RESETTLEMENT ACTION PLAN (RAP)SAFE HABOUR FOR FISHING BOAT AND MY A SEAGATE SUBPROJECT

RP299
V8
QUANG NGAI PROVINCE PEOPLE’S COMMITTEE
-----------------------------------------------THE NATURAL DISASTER RISK MANAGEMENT PROJECT, WB4
RESETTLEMENT ACTION PLAN (RAP)
SAFE HABOUR FOR FISHING BOAT AND MY A SEAGATE SUBPROJECT

Investor: Quang Ngai Provincial Department of Fishery
Location: My A Seagate, Pho Quang commune, Duc Pho district, Quang Ngai province

- - - - - Quang Ngai, 2008 - - - - -

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TABLE OF CONTENT
ABBREVIATIONS................................................................................................................3
Definition of Terms................................................................................................................4
14. Vulnerable Groups. Vulnerable groups are distinct groups of people who might suffer
disproportionately from resettlement effects, including the poor landless and semi-landless,
female-headed, elderly and disabled households. No ethnic minority households were
found to be adversely affected by this Project, or any subcomponents thereof.....................5
I. PROJECT INTRODUCTION.............................................................................................6
Table I. List of Work Categories........................................................................................7
II. LAND ACQUISITION AND RESETTLEMENT SCALE...............................................7
Table II.5.1: Sumary on subproject’s impacts..................................................................10
Table II.5.2: Area of acquired land...................................................................................10
III. SOCIO-ECONOMIC INFORMATION.........................................................................11
IV. COMPENSATION POLICY..........................................................................................12
IV.1 Objectives for Resettlement:....................................................................................12
IV.2 World Bank Policy on Involuntary Resettlement:....................................................12

IV.3 The resettlement policy of Vietnam Government:....................................................13
IV.4 Right and entitlement of the affected households:...................................................15
IV.5 Compensation Policy for permanent loss of Agricultural Land...............................16
IV.6 Compensation policy for residential land and/or the loss of business land..............16
IV.7 Compensation policy for the loss of structures........................................................16
IV.8 Compensation policy for the loss of trees, standing crops and damaged livestock..17
IV.9 Rehabilitation allowance..........................................................................................17
V. RESETTLEMENT RELATED ISSUES..........................................................................17
VI. PUBLIC PARTICIPATION, CONSULTATION, AND GRIEVANCE MECHANISMS
..............................................................................................................................................17
VI.1 Objectives of Public Information and Consultation:................................................17
VI.2 Consultation During SubProject’s preparation.........................................................18
VI.3 Community Consultation During Implementation:.................................................18
VII. IMPLEMENTATION ARRANGEMENTS..................................................................20
VIII. EXPENDITURE AND BUDGET...............................................................................22
VIII.1 Fund allocation mechanism :.................................................................................22
VIII.2 Compensation price unit :......................................................................................23
Table VIII.3. Compensation and allowances....................................................................23
IX. IMPLEMENTATION SCHEDULE...............................................................................24
Table IX.2: Implementation schedule..............................................................................24
X. MONITORING AND EVALUATION............................................................................25
X.1 Objectives of monitoring...........................................................................................25
Staff for internal monitoring.........................................................................................25
X.3 Independent monitoring.............................................................................................26
Objectives of external monitoring................................................................................26
Replacement cost survey..............................................................................................27

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ABBREVIATIONS

PPAPs
PM
LUE
PC
RPAP
PPMU
CPO
CPMO

Project affected persons
Project Management
Land use entitlement
People’s Committee
Resettlement Action Plan
Provincial Project Management Unit
Central Project Office
Central Project Management Office

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Definition of Terms
1.
Affected Persons (PAPs). An PAP is any person or persons, household, a firm or

private institution, who, as of the cut-off date of the Project, or any of its subcomponents or
parts thereof, would have their:
(i)

Right, title or interest in any house, land (including residential, commercial,
agricultural, forest and grazing land) or any other fixed or moveable asset
acquired or possessed or otherwise adversely affected, in full or in part,
permanently or temporarily; and/or,

(ii)

Business, occupation, work, place of residence or habitat adversely affected,
with or without displacement; and/or,

(iii) Standard of living adversely affected.
2.
Compensation. Compensation means payment in cash or in kind to replace losses
caused by the Project of land, housing, income and other assets.
3.
Cut-off Date. The date that the subproject census is completed during resettlement
plan preparation, and the DMS is done once the detailed design of that subproject is
completed. The cut-off date of eligibility for entitlement is the 22 May 2008, the date of
DMS completion.
4.
Eligibility. Any person (s) who, at the new cut-off date, was located within the
affected area of the drainage and flood protection, wastewater and public sanitation, and
solid waste components or subprojects parts thereof, and would have their (i) standard of
living adversely affected; (ii) right, title, or interest in any house, land (including
residential, agricultural, forest, and grazing land) or any other fixed or moveable asset
acquired or possessed or otherwise adversely affected, in full or in part, permanently or

temporarily; or (ii) business, occupation, work, place of residence or habitat adversely
affected, with or without displacement.
5.
Land acquisition. The process whereby a person is compelled by a public agency
to alienate all or part of the land that is owned or possessed, to the ownership and
possession of that agency, for public purpose in return for compensation.
6.
Monitoring. Monitoring means the process of regularly measuring the progress in
effectively completing project activities and in achieving the goal and objectives of the
project.
7.
Rehabilitation. Rehabilitation is the process of restoring income earning capacity,
production levels, living standards, and social networks in the long-term. Rehabilitation
measures are provided in the entitlement matrix as an integral part of the entitlements.
8.
Relocation. Relocation is the physical movement of an PAP from the pre-Project
place of residence or business to a new location. May include rebuilding housing assets,
including productive land and public infrastructure in another location.
9.
Replacement Cost. Replacement cost means market value, or its nearest
equivalent, plus any transaction costs such as administrative charges, registration and
titling costs. Replacement cost for agricultural land will be based on its productive
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potential and/or on its current market value. Replacement cost of houses and structures will
be based on current fair market price of new building materials and labor without
depreciation or deductions for salvaged building material. Replacement cost for residential

land, crops, trees and other commodities will be at the current market value of these assets.
This will ensure that the PAPs are able to reconstruct houses and other structures of better
or at least the same quality as before. In the absence of land markets, the PPC will establish
a compensation structure that enables PAPs to restore their livelihoods to levels equivalent
to or better than those maintained at the time of land acquisition and/or resettlement.
10.
Resettlement Effects. Resettlement effects mean all negative situations directly
caused by the Project/subproject, including loss of land, property, income generation
opportunity, and cultural assets.
11.
Resettlement Plan. An action plan that is time-bound with a budget setting out
resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and
evaluation.
12.
Severely Affected Person (s). For this Project, severely affected person is defined
as a person who will (i) lose more than 20% of total agricultural or commercial
landholding; (ii) be physically displaced, or lose more than 50% of their main residential
and/or commercial structure, or whose houses or structures are considered unstable or
unviable, and/or (iii) lose more than 20% of their total income sources due to the Project.
13.
Significant Resettlement Effects. Resettlement effect is significant for each
subproject when 200 or more persons will experience major impacts. “Major” impacts
being physical displacement from housing and/or loss of more than 20% of the households’
productive (income-generating) assets.
14. Vulnerable Groups. Vulnerable groups are distinct groups of people who might suffer
disproportionately from resettlement effects, including the poor landless and semilandless, female-headed, elderly and disabled households. No ethnic minority
households were found to be adversely affected by this Project, or any subcomponents
thereof.

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I. PROJECT INTRODUCTION
1. In several recent decades, the My A Seagate has been seriously sediment, even be
completely sediment in some years which makes fishing boats with capacity of over 33CV
unable to enter or park at the harbor. In case where there are storms, the fishing boats of the
local fishermen have to be driven to Tam Quan Seagate of Binh Dinh province to park or
take refuge. During the way running away from storms, there are usually pitiful damages
of lives and assets of these fishermen.
2. My A Seagate is also the flood drain area of the Thoa River, Truong River and Tra Cau
River. Since My A Seagate is often be sediment, the downstream of these rivers are always
flooding. In the main agricultural production season, if there is only one early flood or
there are some soakers, the whole downstream of these rivers will be long-time flooded,
leading to the serious damages and losses of the agricultural production, infrastructure
works and even lives of local people.
3. The salt-water area of My A Seagate has been invested in raising shrimps for ten recent
years. The rising waters-surface of this area is hundreds of hectares in area. In the first
period, the raising shrimps capacity of this area was highest in Quang Ngai province.
However, in the last five years, because wastewater has been unable to discharge to the sea
and the salt water has not been made up by the sea, shrimp epidemic diseases often occur,
many families raising shrimps fell in to bankrupt.
4. The investment in building My A Safe harbor will ensure the comfortable and safe
entrance, exit and parking in any situations for fishing boats ; ensure the flood relief of the
basins of Thoa river, Truong river and Tra Cau river; reduce negative influence of flood to
the local lives; provide salt water and discharge sewage from aquaculture in My A
Seagate ; create good conditions for soon establishment of the provincial fishery center so
that contributing to push up the regional socio-economic development.
5. Name of subproject: Safe harbor for fishing boats and My A Seagate. Works level :

Water Navigation Works level IV ; Investor : Quang Ngai Provincial Department of
Fishery; Location : the safe harbor for fishing boats and My A Seagate are located at My A
seagate, Duc Pho district, Quang Ngai province. My A seagate is located at the
downstream area of Thoa river, Truong river and Tra Cau river, about 4.5km far from
national way No. 1A and 40km far from Quang Ngai city. The East of the safe harbor is
next to the fairway, the West is next to the aquacultural area, the South is next to Thoa river
and the North is next to the residential area.
6. Investment objective: building up a safe parking place from storms for fishing boats and
vehicle of the local and contiguous areas in the way to settle about 400 boats with
maximum capacity of 400CV. The safe parking place will be built with full infrastructure
of electricity, water and communication in order to meet the demand to secure safe for
parking boats as well as to be ready with necessary conditions to extend the project in the
following stages so that complementarily build logistics service works, commercial
harbour to develop socio-economy of Duc Pho District and serve for the general
development demand of Quang Ngai province. The safe parking place from storms will be
equipped with modern radio communication system in order to inform storms and contact
with fishing boats owners and vehicles being off-shore to timely come back. Moreover, the
work will contribute to release flood and reduce damages and losses for traffic works,
agricultural production areas and aquacultural ponds and lakes at upstream of My A
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Seagate ; clear way for My A Seagate will help quickly release flood from basins of Thoa
river, Truong river and Tra Cau river ; reduce damages and losses caused by rains and
storms for the residential community living in the basins of these rivers.
7. List of works categories: based on the planning of selected site, the basic designs of
works will be implemented to select the design plan for the works with optimal
construction satisfying main functions, strength resistance and stability demands of the

works. The basic design plan must also satisfy the economic target of most effective
investment rate, ensure environmental and social requirements.
Table I. List of Work Categories
No. Categories
Scale
I
Breakwater
and
sand dike
1
Northern bank
L = 400,7m
2
Southern bank
L = 100m
3
Bank preventing sand L = 375m
and flood
II
Parking harbor, entrance channels
1
Parking line No. 1
44
anchor
pillars/220 boats
2
Parking area No. 2
32 anchor pillars /
140 boats
3

Dredge the parking Bottom
water
area
level -3,90
4
Dredge channels
Bottom
water
level -4,00
5
Signal floating buoy
III
1
2

Function

Shield from main waves and sand
Shield from waves and sand
Stop sand and flood from Thoa river
Anchor next to the bank, engine
capacity≤ 150CV
Anchor outside water, engine capacity
to 400CV

give signal, lead the channels to the
parking harbor

Fishery port
Quay pier 400CV

BxL = 10,5x60m
Entrance way to B = 7m; L = 99m
fishery port

II. LAND ACQUISITION AND RESETTLEMENT SCALE
II.1 Breakwater and sand dyke:
a. Northern Bank:

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8. The area for building the northern dyke is located at the position with fairly even bottom
and natural water level of the area changes from +4,00m to -4,00m.
9. The main functions of the bank are stopping waves, major from the northeastern
direction, entering the river gate area. The area protected by the breakwater is the
leading channel to My A seagate (Thoa river). The breakwater prevents the river
gate from being raised the level of silt transported along the bank from the
northern direction with the annual volume of 300.000m3.
10. Main parameters:
+ Dyke crest level:
+ Dyke surface level:

+6,00m (at wave mould)
+5,00m

+ Dyke surface width:

+4,00m

+ Dyke length:

400,7m

+ Slope of roof towards the sea:

1:1,5

+ Slope of roof towards the channel: 1:1,5
b. Southern dyke:
11. The main functions of the bank are stopping additional waves entering from the river
gate area, protect the river gate from being raised the level of silt transported along the
bank from the southern direction with the annual volume of 200.000m3.
12. Main parameters:
+ Dyke crest level:
+ Dyke surface level:

+6,00m (at wave mould)
+5,00m

+ Dyke surface width:

+5,00m

+ Dyke length:

100m

+ Slope of roof towards the sea:

1:1,5

+ Slope of roof towards the channel: 1:1,5
c. Bank preventing sand and flood:
13. Main functions: prevent the parking harbour from sand entering from Thoa river and
stop flood from Thoa river .
14. Main parameters:
+ Dyke altitude level:

+3,20m

+ Dyke surface width:

+5,00m

+ Dyke length:

375m

+ Slope of wing directed the river:

1:1,5

+ Slope of wing directed the harbour: 1:1,5
II.2 Parking harbor, entrance channels:
a. Parking line No. 1:
15. The parking line No. 1 is composed by 44 anchor pillars next to the bank which are
placed 18m apart. Each anchor pillar can be parked by 5 boats with maximum capacity of
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150CV. Each anchor pillar has base plate with the grillage construction of Ferro concrete
M300 resting on 01 concrete pillar of D500, the designed pillar length is 21m, anchor
flange 10T is made of stainless steel resting on the anchor pillar surface at the water level
of +3,50m.
b. Parking area No. 2:
16. The parking area No. 2 is composed by 32 anchor pillars which are placed 35x28m
apart. Each pair of anchor pillars can be parked by 4 or 5 boats with maximum
capacity of 400CV. Each anchor pillar has base plate with the grillage
construction of Ferro concrete M300 resting on 03 concrete pillars of D500, the
designed pillar length is 21m, anchor flange 20T is made of stainless steel resting
on the anchor pillar surface at the water level of +3,50m.
c. Entrance channel:
17. The channel area is marked by 03 light buoy of P1 to P3 with diameter D = 1,3m. At
the beginning of the breakwaters, there are signal lamp posts.
Main parameters:
- Channel width:

B = 40m

- Channel bottom level:

-4,0m

- Slope roof for channel dredging:

m=5.

II.3 Fishery port:
18. Fishery port includes two categories: Pier 400CV and entrance way to the port. The
pier is created by three ferro concrete gravitational tanks M300 poured at site with size
BxLxH=10x19,95x6,5m.
Main parameters:
- Port surface level:

+3,00 m

- Port bottom level:

-3,90 m

- Port width:

10,0

m

- Port length:

60,0

m

II.4 Measures to minimise resettlement:
19. During the project preparation and design, the measures to minimize adverse effects
were pointed out as follows:
(i) Road serves the works construction is water navigation line to minimize land

acquisition.
(ii) Choose spare land to set up site huts and tents to not affect to the houses and
assets of the local people.

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(iii) The bidder should set up reasonable constructing plan to shorten construction
progress and minimize the land using time. The investor and the consultant have to
thoroughly check the construction documents before accepting them.
(iv) The investor and the consultant must strictly control the construction of the
bidder in conformity with the agreed plan.
(v) The investor has to propagandize the local people about the project scale,
construction progress, project effects before implementing compensation.
20. In case where land acquisition or influences to the local people’s assets are inevitable,
it is necessary to inventory and compensate in accordance with resettlement Policy Frame
of the project and related policies and laws of Vietnam.
II.5 Impact scope of the subproject :
21. The subproject will adversely affect 12 households, of which 11 households will be
acquired aquacultural land with total area of 32,227m2 and the remaining household will
be acquired commercial land using for shipbuilding and maintaining site with an area of
4,084m2. None of these households is relocated in other places but 11 households are
considered as seriously affected because they are recovered more than 20% of farm land
(Table II.5.1). Besides, the project also acquires the public land of 324,830m2 including
traffic land, water surface land, unused hilly land, river and wild and waste land (Table
II.5.2). There is no temporary land acquisition in this subproject. The detail inventory is
carried out in order to list out the actual affected assets and collect the socio-economic
information of the affected households to be the legal calculation basis for compensation and

recovery for the affected people’s lives.
Table II.5.1: Sumary on subproject’s impacts
Subproject

My A

Number of seriously affected
Number of lightly
households
affected households
Tot Loss
Loss
loss
Loss <20% harve
al >50% works >20% land
farm
st/
house
hop
farm tenure land plants
land

12
0
Source: PPMU and DRC

1

11

0

0

0

Total of affected
households
Number
Number
of
of
household
person
s
12

58

Table II.5.2: Area of acquired land
- land tenure
- aqua cultural land

0
32,227

m2

- traffic land

3,946

m2

- Workshop and business land

4,084

m2

230,538

m2

227

m2

- river and stream land

67,656

m2

- wasteland

18,379

m2

- water surface land
- unused hilly land

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Total

357,062

m2

Source: PPMU and DRC
22. The objective of the Resettlement Action Plan (RAP) is to ensure that all the affected
persons will be compensated for their lost assets with replacement price and enjoy the
supported kinds for them to soon recover their lives, production and income. The figures in
this RAP are set up based on (i) Detail Measurement Survey (DMS), (ii) socio-economic
survey on 100% affected persons, (iii) the replacement price survey and (iv) group
discussion with the affected persons.
23. The compensation policies and principles applied in the subproject are based on
Vietnam’s laws and regulations, and the Involuntary Resettlement Policy (OP4.12) of the
World Bank (WB). In case there is any difference between OP4.12 and Vietnam’s laws, the
policy of WB will be applied instead of the regulations of the related Decrees of Vietnam.
The rules and policies of this RAP are considered as the legal basis for implementing the
compensation and resettlement of My A subproject.
24. Quang Ngai People’s Committee has responsibility to approve this RAP and other
issues related to the resettlement. After completion of the technical design, the affected
persons and assets will be exactly determined and the compensation prices will be updated

for all affected assets based on replacement cost survey carried out during the resettlement
implementation. WB will only approve any bidding result of any construction contract for
any subproject funded by WB if its land acquisition and resettlement compensations are
reasonably completed.
25. Due to unserious impacts of the subproject (only 12 households with 58 persons are
affected, none of them is displaced) this RAP is presented in Abbreviated Resettlement
Plan according to the regulation of OP 4.12 of WB.
III. SOCIO-ECONOMIC INFORMATION
III.1 Information source
26. The socio-economic information of the 12 affected households was collected during the
inventory of affected assets of PAPs by Duc Pho DRC. The information will be used as the
term for deciding reasonable supporting measures for the affected persons so that they can,
at least, recover their living standard, income as well as production as they had before
project.
III.2 Population characteristics
27. All the affected households (100%) are Kinh people. None of them is ethnic one.
28. The average size of household surveyed is 4.8 persons/household. The sexual rate of
householders: there’s only one woman householder. The average age of householders is 42
and their average education level is 9/12.
III.3 Occupation and income :
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29. Among 12 affected households, there is one living by fishing boat building and
maintaining, 11 remained one are farmers (mainly doing aquaculture) and small merchants.
The farm land acquisition will seriously affect their incomes because farming is their main
livelihood.
30. According to the survey, the affected persons’ average

1,492,000VND/month/person. There is no poor household affected.

income

is

III.4 Impacts on land and structures :
31. The subproject will recover 357,062m2, of which 32,227m2 land for raising shrimps
and 4,084m2 land of workshops of the 12 affected households, the remained area is public
land (without compensation). For the workshops land, the affected household hired from
the district People’s Committee (DPC) to use in 03 years (with contract) and the contract
was expired on 15/6/2008. In the contract, it is regulated that when the contract expires, the
household has to automatically remove workshops and return the original land to the
People’s Committee without any compensation.
32. The affected assets are whole workshops of the business household, tents and camps
and their materials, works for raising shrimps of the related households. All the materials
and works are inventoried and measured to be compensated, except the workshops of the
business household.
III.5 Land Tenure
33. All the affected households have used land legally although they have not had the Land
Use Right Certificate (LURC). Their land using can be legalized, except the one who has
land contract with the DPC.
IV. COMPENSATION POLICY
IV.1 Objectives for Resettlement:
34. The objectives of the Compensation Policy is to avoid or mitigate the adverse impacts
on the inhabitants. In case of compensation, the affected persons will be compensated or
assisted for their losses to ensure that they can have living standards like before or better
than before.
IV.2 World Bank Policy on Involuntary Resettlement:
35. The resettlement activities of WB funded projects must comply with the regulations

stipulated in OP4.12 on the involuntary resettlement policy. Accordingly, the affected
persons must be informed and be consulted on compensation options and land clearance.
All affected households are compensated for lost assets and assisted to improve their
livelihoods and living standards or at least to restore their living standard as before project..
36. The lack of legal land ownership will not affect to the compensation entitlement of the
affected persons. The assets will be compensated at the replacement price.
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37. Compensation and resettlement must be aware and implemented as a part of Project.
Therefore, compensation and resettlement cost should be included in the project budget.
IV.3 The resettlement policy of Vietnam Government:
38. In recent years, Vietnam Government has issued laws and regulations to protect the
right and entitlement of the affected persons. Such laws of the Socialist Republic of
Vietnam are :
(i) The Constitution of the Socialist Republic of Vietnam, 15 April 1992 dated on
15/4/1992 and adjusted according to the Resolution 51-2001-QH10 date 25/12/2001 issued
by the Legislative Body in the Session 10 of the Assembly.
(ii) Land Law No. 13/2003/QH11 (dated December 2003);
(iii) Decree No. 188/2004/ND-CP, 16 November 2004, regulation on price land and
price framework for land categories.
(iv) Decree No. 197/2004/ND-CP, 03 December 2004, on compensation, assistance
and resettlement when land is acquired by the State .
(v) Circulation No. 116/2004/TT-BTC by MOF issuing the guidelines for Decree
No197;
(vi) Decree No. 181/2004/ND-CP, 29 October 2004, relating to the implementing
the Land Laws.
(vii) Circular No. 30/2004/TT-BTNMT dated on 01 November on guiding to

prepare, adjust and evaluate the land use planning.
(viii) Circular No. 01/2005/TT-BTNMT (13/4/2005) guiding to implement the
Decree No.
(ix) Decree No. 17/2006 on revising and supplementing some provisions of Land
law 2003 and Decree No 197 (November 2004).
(x) Decree No. 84/2007/NĐ-CP dated 25/05/2007 supplementing on providing
certificate on land use entitlement, order and procedures of compensation, assistance to
resettlement in case of land acquisition and grievance redress.
(xi) Decree No. 123/2007/NĐ-CP dated 27/7/2007 on price land determination.
(xii) Decision No 55/2006/QĐ-UBND dated 22/9/2006 of Quang Ngai PPC UBND
on order and procedures of setting up a file for land acquisition, hand-over, leasing, land
use entitlement transferring, land use purpose changing and providing land use entitlement
certificate within the location of Quang Ngai province;
(xiii) Decision no 37/2007/QĐ-UBND dated 28/12/2007 of Quang Ngai PPC
issuing land prices in the provincial location.

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(xiv) Decision No 39/2007/QĐ-UBND dated 31/12/2007 of the PPC regulating on
compensation, assistance and resettlement in case of land acquisition in the provincial
location;
(xv) Decision No 24/2005/QĐ-UBND dated 23/02/2005 of Quang Ngai PPC
issuing on plants’ density, price and compensation regulations for farming trees in case of
land acquisition in the provincial location.
(xvi) Decision No 02/2007/QĐ-UBND dated 05/11/2007 of Quang Ngai PPC
stipulating on compensation price for houses, structures in case of land acquisition in the
provincial location.

(xvii) Decision No 54/QĐ-UBND dated 22/9/2006 of Quang Ngai PPC stipulating
on land hand-over norms to build houses and residential land area norms for households,
individuals in the provincial location;
39. The 2003 Land Law, which was approved in December 2003 and came into effect on 1
July 2004, supersedes the 1998 Land Law. The 2003 Land Law is a comprehensive land
administration law that establishes the regulations of land allocation, 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). Some of the more important issues that are relevant to land use,
acquisition, and resettlement, are summarized as below:
(i)

The State reserves the right to allocate land and determine its usage;

(ii)

Families and individuals who have been allocated land have the right to
exchange their land for another piece; transfer their right to use land to another
party; and rent, bequeath, or use their land as collateral;

(iii)

People's Committees at all levels are responsible for managing land issues in
their domains;

(iv)

Land users with ‘permanent’ land use rights are either ‘legal’ or ‘legalizable’;

(v)

Legal land users are those with LURCs, and, legalizable are users who are
either waiting for the LURC to be approved by the district authority, or those
who have temporary or lease arrangements for land subsequently declared as
right-of-way; and

(vi)

The State reserves the right to expropriate land when truly necessary, in cases of
national defense or security, or national and public interest. In these cases,
under Article 27, the land user will be compensated for loss of land or assets.

40. Decree No. 197/2004/ND-CP (December 3, 2004) On Compensation, Support and
Resettlement When Land is Recovered by the State has replaced earlier Decree 22 as basis
for Compensation, Support and Resettlement when Land is Recovered by State. Decree
197 conforms more closely to ADB’s Policy On Involuntary Resettlement than did Decree
22 and includes a provision that:

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For projects using official development assistance (ODA), if the compensation,
support and resettlement requests of the donors are different from the provisions of
this Decree, before concluding international agreements, the agencies managing the
investment projects must report such to the Prime Minister for consideration and
decision. Where the international agreements which Vietnam has signed or acceded
to contain provisions different from those of this Decree, the provisions of such
international agreements shall apply.’ (Chapter 1, Article 1, Para 2)

41. The 2003 Land Law and new Decree 197 go a long way towards closing the gaps that
previously existed between Government’s and standards required to be applied under
various official development assistance and therefore now more closely approaches the
principles of WB resettlement policy.
42. Decree 84/2007/ND-CP issued on 25/5/2007 stipulates for providing LURC,
procedures and processes of land acquisition and resettlement implementation. The Decree
identifies clearly the time that land user could be considered as legal or illegal user. The
Decree requires that the process of resettlement and compensation implementation has to
be democratic and transparent for APs.
IV.4 Right and entitlement of the affected households:
43. The households whose shrimp ponds are acquired will be compensated totally for the
losses caused by land acquisition for construction and will be assisted to stabilize their
livelihoods and to change their occupation. With the compensation amount, the affected
households can buy a similar shrimp pond to continue producing and earning by raising
shrimp. Total aquacultural land area of Pho Quang commune is about 60ha owned by
households. Many households want to give their ponds for rent or transfer to the others.
Out of 11 shrimp raising households, 5 households want to continue raising shrimp.
Currently, there is no land fund left in Pho Quang Commune to allocate to the affected
households. However, these households can buy or lease aquacultural land from others in
the commune. According to Pho Quang CPC, if there is any new project creating new land
funds, the affected households will be prioritized to be provided with new land. The
remaining households have plan to make fishing boats to exploit aquaculture or do services
related to fishing such as providing petrol, ice and foodstuff for fishing boat. They will be
prioritized to do business in the harbor when it is completed.
44. In addition, during the construction, the demand of manual labor is in need (about 50
manual labors), the project owner will introduce the affected persons to the construction
executing units for selection and mobilize to work for the project; when the project ends,
there will create more jobs for fishing services in the port area, the affected persons will be
introduced to work for those services.
45. For the shipbuilding yard of household Thai Van Thi: This shipbuilding yard is

separated to his house (the current his house is in Duc Pho town, Duc Pho district). The
household leased this land of Duc Pho DPC for making shipbuilding yard for 3 years (from
15/6/2005 to 15/6/2008). The contract stipulates that Mr. Thi is allowed to build temporary
structures serving for shipbuilding and reparation within the said period ; when the DPC
acquires land, he has responsibility to clear the yard without any compensation. Therefore,
Mr. Thai Van Thi gets no compensation for the land loss and assets associated with land
but his household is assisted for being stopped producing and gets 20% of affected assets
value associated with land. When the project ends, his household will be prioritized to
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lease land locating in the service area of the harbor to make a new shipbuilding yard (if he
still has demand).
IV.5 Compensation Policy for permanent loss of Agricultural Land
46. For the permanent loss of agricultural land, the affected persons will be entitled to:
(i) Marginal affected person: the persons who lose less than 20% of the total
agricultural landholding and entitled to:
a) Receive cash compensation for the acquired land at full replacement cost, AND
b) Receive cash compensation for the loss of standing crops and trees at full market
price.
(ii) Severely affected person: the persons who lose more than 20% of the total
agricultural landholding and will be exempted from tax, registration fee and fee of land
transfer. They are entitled:
a) To be prioritized to receive “land for land” compensation with similar productive
land in the acceptable location (if commune has land fund), OR, receive cash
compensation for the lost land as much as the replacement cost, AND
b) Receive cash compensation for the loss of standing crops and trees at full market
price; AND

c) Receive living allowance and other supporting measures to restore living
standard and income; AND
d) If the remaining land has no economic value, the affected persons can continue
using it or sell it to the Project at replacement price.
IV.6 Compensation policy for residential land and/or the loss of business land.
47. There is no residential land affected by the subproject. The affected business land
managed by Duc Pho DPC and contracted by household Thai Van Thi but the contract is
expired, so there is no compensation for land. Therefore, this policy is not applied for the
subproject.
IV.7 Compensation policy for the loss of structures
48. The compensation will be made for 3 types of persons whose houses or structures are
in the project site: (i) the affected persons entitled to build houses and structures (legal
owners) legally (provided with license or verbal permission); (ii) the affected persons build
houses and structures without permission including the owners who are informed by the
local authority of stopping the construction; and (iii) the affected person are leasing houses
or land. All affected persons under this subproject are in group (i).
49. The subproject affects shelters and shrimp facilities of 11 households. They will be
entitled:
(i) Receive cash compensation for the affected structures at the replacement price
without deduction of the reused materials. The compensation amount must be enough to
rebuild the similar structures, AND
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(ii) The compensation will be based on the real affected land area but not the usable
area.
IV.8 Compensation policy for the loss of trees, standing crops and damaged livestock.
50. At the time of land acquisition, shrimps were harvested. Therefore, there is no

compensation for the loss of shrimp.
IV.9 Rehabilitation allowance
51. The rehabilitation allowance can help the severely affected households to restore their
income and living standards. The allowance will be adjusted according to the inflation rate
at the time of compensation. The subproject provides 3 allowances for the affected
households namely living stabilization allowance, business allowance due to stopping
business and vocational training allowance. There is no hired labors in the shipbuilding
yard, therefore no compensation and allowance is made for them.
52. Living stabilization allowance: All severely affected persons will receive an
allowance of 360.000 VND/person/month (equal to 30kg of rice) in a period of 3 months.
53. Vocational training allowance: severely affected households are entitled to receive
an allowance of vocational training. However, all PAPs in this subproject want to receive
cash instead of training. Therefore, Quang Ngai PPC assists 10.000 VND/m2 for the
acquired agricultural land.
54. For the household whose shipbuilding yard is affected will be provided 2.000.000
VND for stopping business. In addition, they are prioritized to hire land in the service area
of the harbor to continue their business.
55. During the construction, the project owner will introduce the affected persons to
construction units so that they can be recruited to work at the site ; when the project ends,
they will be given priority to do business in the fishing service area.
V. RESETTLEMENT RELATED ISSUES
56. As mentioned above, this subproject will be constructed in the inundated area and
fallow land where separate from the residential area therefore, there is no affected houses
and resettlement issues.
VI. PUBLIC PARTICIPATION, CONSULTATION,
AND GRIEVANCE MECHANISMS
VI.1 Objectives of Public Information and Consultation:
57. The aim of information dissemination, consultation and participation of the affected
persons as well as the related agencies is to achieve the transparency of the Subproject, to
mitigate potential conflicts and the constraints to slow down the progress of the project

meanwhile the subproject can design the resettlement and restoration program as a
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comprehensive development program meeting with the demand of the prioritization of the
affected persons.
58. The main objectives of information dissemination, consultation and participation of the
stakeholders are (i) provide for the affected persons full project information, components
and proposed activities ; (ii) collect information on demand and priorities of the affected
persons and affected community, the response to the project polices and activities ; (iii)
gain the cooperation and participation of the affected persons into the proposed activities
relating to making and implementing the resettlement plans ; (iv) ensure that the affected
persons can participate into the decision making related to problems affecting directly
their incomes and living standards (v) To ensure transparency in all activities related to
land acquisition, resettlement, and rehabilitation.
VI.2 Consultation During SubProject’s preparation
59. During the subproject preparatory phase, the Consultant made the survey for My A
Seagate in July and August/2007 and the Project owner had a working session with
authorities at district and commune levels and the inhabitants in the project area to inform
the project information, including project components, objectives and implementation
plans. This activity will be continued by the PPMU and the local authorities during the
project implementation.
60. On 09/8/2007, the representative of the project owner had a meeting with Duc Pho
District People’s Committee, Pho Quang commune authority and the inhabitants to
introduce the project investment intentions, some special contents of the safe harbor and
My A Seagate subproject and declare the plan of land acquisition for project construction.
61. On 20th August 2007, the repetitive of project owner in combination with the district,
commune authorities and other sectors had a meeting with 12 affected households to

discuss on the inventory, compensation, policies of compensation, resettlement and life
restoration for the affected persons in the subproject area.
62. In addition, the project got consultation from the related agencies such as My A
Frontier Post, Vietnam Institute for Water Resources Research, Center of Coastal and
engineering, Ministry of Agriculture and Rural Development, Prof. Do Tat Tuc, Hanoi
Water Resources University.
63. Most of the affected persons support the subproject, accept the compensation policy,
request for the satisfying compensation price ; request for the consideration of the project
owner and the local authority that they should prioritize the affected persons to work in the
harbor (after completion of harbor construction) and provide them with new land.
VI.3 Community Consultation During Implementation:
64. During the project implementation, before carrying out resettlement activities the
affected persons should be informed of the project resettlement procedures, the detailed
resettlement policy and the entitlemets of the affected persons, the resettlement executing
units and the grievance machanism. In this phase, the affected persons are entitled to be
informed and to show their views on the inventory outcomes, the proposed compensation
plan, applying compensation prices for affected land and assets as well as their entitlement,
the displacement options and proposed resettlement sites (if any).
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65. After the detailed inventory and survey (DMS), a public meeting will be conducted to
provide the affected persons with suplementary information of the project and inventory
outcomes. After applying compensation prices for affected assets, the compensation plan
should be sent to each affected household for checking before submitting to PPC for
approval. Commune PC will send the invitations of meeting to the affected persons. The
outcomes of inventory and compensation plan should be posted publicly in CPC’s Office,
PPMU’s Office and DRC’s Office so that affected people can access and check.

66. Project information dissemination should be continued throughout the project
implementation using different means of mass media so that the community and the
affected people can be awared of. Therefore, they can have best choices to recover
difficulties in the transitory phase and improve their icomes and living standards.
67. This RAP will be provided for PAPs and related agencies after approved by the World
Bank and Quang Ngai PPC.
VI.4 Grievance Redress Procedure
68. PAPs are also informed that if there is any confusion or misunderstanding about any
aspect of the Project, the resettlement committee can help resolve problems. If they have
complaints about any aspect of the land acquisition, compensation, resettlement, and
rehabilitation process, including the compensation rates being offered for their losses, they
have the right to make complaints and to have their complaints solved up. PAPs will
receive an explanation about how to access grievance redress procedures.
69. To ensure that the complaints of PAPs about any aspect of the land acquisition,
compensation, resettlement, and rehabilitation are addressed timely and satisfactorily, a
good grievance mechanism should be given. It is important that the PAPs must be aware of
the procedures of the grievance mechanism. The detail of grievance settlement procedures
will be public to all PAPs.
A four-stage procedure for redressing grievances is established as follows:
Stage 1- Complaints from PAPs on any aspect of the resettlement program, or losses not
previously addressed shall first be lodged verbally or in written form to Pho Quang
commune people's committee. The complaint can be discussed in an informal meeting with
the plaintiff and the chairman of the people's committee. The Commune people's
committee will be responsible for resolving the issue within 15 days from the day it is
lodged.
Stage 2 - If no understanding or amicable solution cannot be reached, or if no response
from the people’s committee at commune level is received by the PAPs within 15 days of
registering the complaint, he/she can appeal to the District Resettlement Committee of Duc
Pho district. Vice chairman of District PC will directly address the complaints of PAPs.
Duc Pho DRC will provide a decision within 1 month of the registering of the appeal.

Stage 3 - If the PAPs is not satisfied with the decision of the DRC, or in the absence of any
response by the DRC, the PAPs can appeal to Quang Ngai Provincial People’s Committee.
The Provincial People’s Committee together with the representative of Resettlement

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Committee will provide a decision on the appeal within 30 days from the day it is lodged
with the PPC.
Stage 4 - If the PAP is still not satisfied with the decision of the PPC or DRC on appeal, or
in absence of any response from the PPC within the stipulated time, the PAPs as a last
resort, may submit his/her case to the district court.

VII. IMPLEMENTATION ARRANGEMENTS
VII.1 Project owner
70. The project owner is in charge of collaborating with DRC of Duc Pho district to
implement all activities relating to land clearance, including project information
dissemination, the inventory, determination of eligibility of the affected land, classification
of lands based on current policies, making compensation plan and rehabilitation of PAPs’
lives and incomes according to the project policy and Vietnam laws. The main
responsibilities are as follows :
(i) Making detailed plan on RAP implementation to the progress required by the
project.
(ii) Making regularly internal monitoring on RAP implementation. Providing
documents serving for resettlement activities such as the approved technical designs or
other related documents.
(iii) Along with DRC to take responsibilities in accuracy, reasonability of the
inventory data, the suitability of the resettlement policy framework and compensation plan.

(iv) Certificate and restore all documents related to resettlement; manage
compensation fund sources, pay and disburse the expenditures according to the
requirements of the project.
(v) Address all complaints of the PAPs on compensation and resettlement after DRC
have solved but not satisfied, in accordance with the current Ordiance of the State.
(vi) Hand over in time the cleared land to the construction units.
VII.2 District level
71. District People’s Committee has responsibilities :
(i)

Disseminate the compensation, assistance and resettlement policies to
individual affected hóuseholds, organizations and encourage them to
implement the land clearance according to the land acquisition Decision
of the state authority.

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(ii)

Establish DRC and guide the DRC to arrange the implementation of
compensation, assistance and resettlement policies; verify and approve
compensation plans according to the decentralization of the province ;

(iii)

Address the grievances of the PAPs on compensation and resettlement
under their responsibilities;

(iv)

Direct district departments to implement the verification of
compensation and resettlement plans submitted by DRC prior to the
District PC approval.

VII.3 District Resettlement Committee (DRC)
72. The DRC established by DPC have the following functions :
(i)

Take the leading role in setting, submission and conduct the
implementation of compensation, assistance and resettlement options ;
finalize the compensation budget document to submit to the Evaluation
Panel and submit the authority level for approval, do other task required
by DPC.

(ii)

Take responsibilities of the accuracy and reasonability of the inventory
data, the legacy of the compensated land and assets, the suitability of the
policy framework and resettlement options. The Committee operate
according to the collective principles and decision is made by majority ;
in case of equal votes, the decision will be made according to the side
where the Chairman of the Committee stands for.

(iii)

Collaborate with agency of land survey and clarify the eligibility of the
land orgin, types of land on the basic of current policy.

Directly address the issues relating to compensation, displacement, living
standard recovery and ground clearance in collaboration with related
agencies.

(iv)

(v)

Directy inspect and certificate all documents on ground clearance made
accordance with law and project’s regulations.

(vi)

Organize the compensation payments for households.

(vii)

Widespread inform the people of the cleared area for project construction
in local media, publicize the compensation policy ; widespread
disseminate the aim and necessity of ground clearance for construction
site.

(viii)

In collaboration with the related agencies to finalize land use certificate
for households whose lands are changed due to the project impacts.

(ix)

Manage the compensation funds pursuant to project policy and Vietnam

regulations. When DRC receives fund allocation, DRC are subject to pay
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for the PAPs and related agencies including all the expenditures pursuant
to the requirements of the project.
(x)

Directly Address the grievances of the community on ground clearance
pursuant to the current Ordiance of the State after CPC has appealed but
not satisfied.

(xi)

Ensure to hand over the cleared ground according to the project progress.
In case of the ground clearance being late, DRC must report and propose
DPC and PPC.

VII.4 Commune level
73. CPC has the following functions:
.
(i) Disseminate the purposes of land acquisition, compensation policy, assistance
and resettlement, encourage the people to obey the compensation state
policy of ground clearance
(ii)

In collaboration with DRC to inventory, clarify land and assets of the PAPs,
take responsibility to law on the certification of land and assets of the PAPs

such as the time of using land, building house, other assets on land and
related issues.

(iii)

Collaborate and create conditions to pay the compensation, assistance and
resettlement allowance for the PAPs and also for ground clearance.

(iv)

In collaboration with DRC to conduct the discussion and meeting with the
PAPs.

VII.5 The participation of community organizations and PPAPs:
74. During the RAP implementation, the PAPs and their representatives will join in the
following activities :
(i)

Inventory, measure land, standing crops of PAPs.

(ii)

Monitor the compensation pursuant to the state regulations

(iii)

Public organizations at commune levels such as Women Association, Farmer
Association, Fatherland Front will assist to mobilize and encourage PAPs
positively to take part in the compensation process from the RAP
implementation to information dissemination and public consultation.

VIII. EXPENDITURE AND BUDGET

VIII.1 Fund allocation mechanism :

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75. To ensure timely fund allocation to implement the resettlement activities, Quang Ngai
PPC will allocate the counterpart fund to PPMU for the payments of compensation,
rehabilitation assistance and costs for resettlement implementation of PPMU and DRC.
VIII.2 Compensation price unit :
76. Price to compensate for the loss of assets of this subproject is based on the replacement
price at the time of having Decisions of land acquisition and Decree No197/2004/ND-CP,
03 December 2004, on compensation, assistance and resettlement when land is acquired by
the State, Decree no 84/2007/NĐ-CP dated 25/05/2007 supplementing on providing
certificate on land use entitlement, order and procedures of compensation, assistance to
resettlement in case of land acquisition and grievance redress and the following decisions
of Quang Ngai provinces :
(i) Decision no 37/2007/QĐ-UBND dated 28/12/2007 of Quang Ngai PPC issuing
land prices in the provincial location;
(ii) Decision No 02/2007/QĐ-UBND dated 05/11/2007 of Quang Ngai PPC
stipulating on compensation price for houses, structures in case of land acquisitions in the
provincial location.
77. Because the project area locates far from Quang Ngai city and in the poor rural area
where there is no change in land price, the compensation price for land is applied based on
land price issued by the PPC in January 2008 which updated according to actual land price
in the locality. Compensation price for affected structures ensures that PAPs can make the
new similar structure. Compensation price for crops is market price at the time of

compensation implementation.
78. Compensation prices and allowances were discussed with PAPs in public meetings and
got their agreement. They required to receive the compensation and allowances soon to
buy or lease land to continue farming.
VIII.3 Compensation and assistance cost
79. Based on the compensation and assistance policy described in the previous parts of the
RAP and the actual price of the affected assets, the DRC made the compensation cost
estimation with the total of 5,018,227,930 VND (304,135$US, exchange rate: 1USD
=16,500VND), including compensation cost for the affected assets of 4,320,103,623VND,
assistance cost of 365,450,000VND, the implementation and contingency cost of
332,674,307VND (Table VIII.3).
Table VIII.3. Compensation and allowances
Total
a. Compensation cost
- Compensation for the loss of land
- Compensation for the loss of assets
b. Assistance cost
- Living stabilization
- Stop business

Unit: VND
5,018,227,930,
4,320,103,623
1,245,348,000
3,074,755,623
365,450,000
62,640,000
2,000,000

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- Job training
c. Implementation cost and contingency cost
- Implemetation cost (2%)
- Verification (0,1%)
- Contingency (5%)

300,810,000
332,674,307
93,711,072
4,685,553
234,277,681

IX. IMPLEMENTATION SCHEDULE
IX.1 Activities done :
80. My A PMU and DRC of Duc Pho district have done the following actives:
(i) disseminate information on policy of compensation, assistance and resettlement
of the State ;
(ii) Training on inventory, land measurement, socio-economic survey; making
socio-economic survey of all PAPs and DMS in My A harbor area.
(iii) Processing data of socio-economic survey and DMS,
(iv) Making compensation plan.
IX.2. Activities to be done :
81. The following activities will be done after RAP is approved. :
- Meeting with affected households to inform of compensation plan;
- Submit PPC for approval the compensation plan;
- Compensation payments for PAPs

- Land clearance and hand-over to the Contractor ;
- Monitor, evaluate and address the grievances.
Item

Table IX.2: Implementation schedule
2007
2008
Quarter III
Quarter IV
Quarter I

Quarter II

Quarter III

Policy dissemination
Inventory, socioeconomic survey
Data processing
Making compensation
plan
Compensation plan
dissemination
Submit options for
approval;
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Compensation payment

Monitoring and
grievance addressing
X. MONITORING AND EVALUATION
X.1 Objectives of monitoring
82. Monitoring means the process of regularly measuring the progress in effectively
completing project activities and in achieving the goal and objectives of the project.
Evaluation is assessment at one given point of time of the impact of intervention, and the
extent to which stated objectives has been achieved.
83. The general objective of monitoring is to ensure timely and accurate compensation and
implementation of the resettlement program as defined in the RP. RP implementation will
be monitored both internally and externally with the objective of providing feedback to
management on implementation and identifying problems and successes as early as
possible to facilitate timely adjustment of implementation arrangements. Regular
monitoring of the RP implementation will be conducted by the implementing agencies and
ADB, as well as by an external independent monitoring organization (IMO).
X.2 Internal Monitoring
84. Quang Ngai PUM with the assistance of resettlement specialists takes charge of
internal monitoring relating to RAP implementation. PMU monitors the land acquisition
and resettlement clearly mentioned in RAP. PMU updates the resettlement progress
through periodical progress report.
The main indicators that will be monitored by PPMU regularly are:
(i)

payment of compensation to PAPs in various categories, according to the
compensation policy described in the RAP;

(ii)

delivery of income restoration and social assistance entitlements;

(iii) public information dissemination and consultation procedures;
(iv) Priority of PAPs regarding the options offered;
(v)

adherence to grievance procedures ;

(vi) Restore the affected public structures.
Staff for internal monitoring
85. A staff of CPO will take charge of internal monitoring of the resettlement
implementation including collecting progress information and outcome of the monthly
resettlement implementation from the Bo Trach DRC ; making periodical internal
monitoring report on resettlement progress. The internal report includes the following
contents :
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