Resettlement Plan (Draft) November 2019 MYA: Second Greater Mekong Subregion Highway Modernization Project Volume 2: Appendixes 1–3 This Resettlement Plan is prepared by the Ministry of Construction (MOC) for the Asian Development Bank (ADB). The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. 131 APPENDICES Appendix 1.Lists of Participants in Public Consultation Meetings During RP Preparation Yat Kwat Gyi Koe Village Tract–Bago Township Auk Su Village–Thanatpin Township Appendices 132 Auksidu Village–Bago Township Mota Ka La Village and Zay Nyaung Pin Gyi Village–Bago Township 133 Phaye Village–Thanatpin Township Appendices 134 Sonpi Village–Thanatpin Township Kadut Village–Waw Township 135 Thanatpin Township Appendices 136 137 Nyaung Thone Gwa Village - Thanatpin Township Appendices 138 Bokataw Village - Waw Township 139 Zee Phyu Kone Village - Waw Township Appendices 140 Shan Khaing Village - Waw Township 141 Kyar Nyo Kan Village - Waw Township Nyaung Gyaing Village - Waw Township Appendices 142 Kha Lun Village - Kyaikto Township 143 Bike Kar Village - Kyaikto Township Appendices 144 145 Thanatpin Township Appendices 146 147 Bago Township Appendices 148 Waw Township 149 Appendices 150 Appendix 2. Project Information Booklet 151 Appendices 152 153 Appendices 154 155 Appendices 156 157 Appendices 158 159 Appendix 3. Summary of Rapid Replacement Cost Study A. Methodology 1. The RRCS was conducted in July - August 2018 by the Consultant. The objective of the study was to collect information on the current market price of the affected assets by the proposed Bago–Kyaikto Highway, including lands, main structures, crops, and trees. Relevant taxes and administration fees for land sales and construction permit were also collected. Results of the RRCS are used to estimate compensation rates for land, structures, trees, and crops to ensure that the project displaced persons are compensated at replacement cost. 2. Four particular methods were used by the RRCS team to collect the information on the current market price of the affected assets by the Project, including: (i) Collecting evidence of market price of lands that was transacted by local households within the last six months (February to August, 2018) and price of construction materials in the project area: a total of 20 land sale agreements (written agreements between land buyers and the land sellers on the price of land) and 6 price lists of construction materials including transportation costs to the villages of 6 construction material shops in the project area were collected. The collected documents are presented in the Annex 1. (ii) Collecting the regulated price of lands, structures, and trees by the Bago Regional General Administration and Mon State General Administration that applied for compensation for the affected assets by the projects was funded by international funding agencies and by the Government in the Bago Region/Mon State areas in 2017–2018. The information is very important for discussions with affected households by the proposed Bago–Kyaikto Highway on how the compensation unit rates for affected lands and other assets should be. (iii) Key-informant interviews: The RRCS Team conducted 45 key-informant interviews. The informants of the interviews included: a. Deputy Chief, Building Department, MOC, Mawlamyine, Mon State; and engineers of DOHs of four projects townships. Interviews were on the construction price of buildings and structures in the locality; b. Deputy Director and Assistant Director for Department of Agricultural Land Management and Statistics of Bago District - the interviews were on land valuation compensation rate of agricultural land, registered documents for buying and selling of agricultural land in the local recently and related fees for land transactions. c. Deputy Director of Department of Planning and Statistics, Bago District and officers of Department of Planning and Statistics of Kyaikto Township on construction prices, price of farm land, including fishponds in the locality. d. Township Administrators of Township General Administration Departments of project townships on land management, land valuation, land compensation. e. Officers of Kyaikto Township Department of Agriculture for price of crops. f. Village Tract Administrators and the one hundred household residential unit leaders for the current prices of lands, structures and crops and trees in the locality. g. Buyers and sellers of agricultural and residential lands in the villages. Appendices 160 h. Firewood and timber wood buyers and sellers who are staying in the project villages. i. Shop keepers who are selling bamboo and posts for housing in the project areas. j. Buyers and sellers of crops in the villages. k. Construction companies/construction groups in the project villages. (iv) Focus group discussions: 22 FGDs with 108 participants (61 males and 47 females) were conducted with affected households and 6 FGDs were carried-out with non-affected households by the Project. The issues covered in the FGDs include the price of lands that local people are willing to buy or to sell, the current market rate of lands, structures, and trees/crops in the area; the cost of construction labors; and the estimated price for compensation for affected lands and assets by the Project. List of the interviewees and FGD participants is presented in the Annex 2. 3. Replacement cost for affected lands is the market price of the affected land, plus relevant transaction costs, taxes, and other administrative costs. Replacement cost for the affected structures is equivalent to market costs of the same but new construction materials, including transportation costs to the locality, plus with labor cost to reconstruct the affected area. Affected trees and crops will be compensated by the market price. For affected lands, the amount of relevant taxes and administration costs will be determined during the RCS during the RP updating and the same may either be added to the amount of compensation to be given to the affected land owner (AHs), in which case the affected households will be responsible for paying the same to the concerned government agencies, or the Project Executing Agency (DOH/PMU) will retain the calculated amount of taxes and administration costs and will be responsible for directly paying the same to the concerned government agencies. B. Results of the Rapid Replacement Cost Study 1. Issues Rates of Competent Agencies 4. Compensation unit rates as regulated by the Mon State Government for the Kyaikto bypass road project funded by the Government is as below: Table 1: Compensation Unit Rates for Affected Lands Types of Land Unit Bago Thanatpin Waw Kyaikto 1 Agricultural Land Acre - - - * $2,633.30 2 Land for Perennial Tree Acre - - - # $4,608.30 Source: The Consultant, 2018 *Agricultural land included all infrastructures on the land. # Land for perennial trees is for rubber or all fruit trees plantation. Table 2: Compensation Unit Rates for Affected Houses and Structures Affected Structures Unit Rates(including transportation cost) Main structures Bricked-wall sq. feet $17.45 161 Table 3: Compensation Unit Rates for Affected Trees Types of affected Young seedling/not yet bearing Unit Bearing trees trees trees Fruit trees Pomelo Tree - $17.50 Mango Tree - $26.30 Jackfruit Tree - $16.50 Timber trees Rubber plant Tree - $16.50 Bamboo Tree - $1.60 Source: The Consultant, 2018 2. Market Prices in the Project Area 5. This section presents the current market price for affected lands, structures, crops, and trees in the affected areas by the Project. a. Market price of lands 6. Currently, local people do-not pay any taxes or administration fees for their land sales. They just pay of 2% of the total sale amount for the middle-man who facilitates to the sale. Although there are regulations in the 2012 Farmland Law and Land Rule on registration of land transactions by the land sellers and buyers, very few cases of land sales have been registered in the Township Registration Offices (the branch of Department of Agricultural Land Management and Statistic). There is no regulation on official registration fees and stamp duty in the national legislation. Table 4: Market Price of Lands Types of Land Unit Market Price ($) - Residential land m2 Bago 63.70 Kyaikto 11.10 - Land for annual crops m2 Bago m2 10.30 Thanatpin m2 8.80 Waw m2 3.50 Kyaikto m2 6.60 - Land for perennial trees m2 1.70 - Fish pond (land) m2 1.70 Cost for investment to make fish ponds m2 0.50 - Quarry land m2 2.70 - Land for the shrine reconstruction m2 322.60 Source: The Consultant, 2018 Appendices b. Market Price of Houses and Structures Table 5: Market Price of Houses and Structures Types of Structures Unit Market Price ($) House on stilt m2 8.50 Single storey house m2 12.70 Two-three storey house m2 135.30 Fence m2 67.20 Wells m2 237.00 Water tent m2 28.30 Livestock breeding facilities m2 3.30 Cow's tent m2 4.10 Toilet m2 6.70 Transformer m2 65.80 Water tent tower m2 28.30 Source: The Consultant, 2018 c. Market Price of Crops and Trees Table 6: Market Price of Crops and Trees Types of Crops and Trees Unit Market Price ($) Trees Rubber tree 7.90 Bamboo tree 1.30 Rain tree tree 98.70 Livistona tree 1.30 Teak tree tree 0.80 Acacia Manglum tree 1.20 Other timber trees tree 1.40 Piper betel tree 0.30 Mango tree 46.10 Betel nut tree tree 0.30 Pomelo tree 65.80 Banana tree 5.90 Palm oil tree tree 2.70 Durian and rambutan tree 23.00 Crops Paddy Basket 3.30 Bean Basket 2.00 Source: The Consultant, 2018 .