Social Monitoring Report
External Resettlement Monitoring Report November 2010
L2468-VIE: Health Care in the South Central Coastal Region Project
Prepared by Ms. Tran Thi Tuyet Hanh, (external resettlement monitoring consultant), for the Ministry of Health and the Asian Development Bank.
MINISTRY OF HEALTH, VIETNAM ASIAN DEVELOPMENT BANK
PMU OF HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT
REPORT “Assesment on Land Acquisition and Resettlement Activities of Health Care in the South Central Coast Region Project"
Vietnam, November 2010 Land Acquisition and Resettlement Assessment Report November 2010
HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT Assessment on Land Acquisition and Resettlement Activities
INFORMATION FOR QUALITY ASSURANCE
Version Status Date Official report, prepared according to the TOR for
National Individual Consultant CODE: C7/ICS Full name Signature Date Ms. Tran Thi Tuyet Hanh, Prepared by MPH, BSc. Checked by Project’s Director: Approved by Dr. Nguyen Doan Tu BASIC INFORMATION PAGE
Provinces/cities: Da Nang City, Quang Nam, Quang Ngai Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Places and Ninh Thuan Country: The Socialist Republic of Vietnam Health Care in the South Central Coast Region Project Project Assessment on the Project’s Land Acquisition and Activity Resettlement activities Project Management Unit of Health Care in the South Contractor Central Coast Region Project Consultant Ms. Tran Thi Tuyet Hanh, MPH, BSc. Assesment on Land acquisition and resettlement activities Report of Health Care in the South Central Coast Region Project Implemented in the period From 20 September 2010 to 20 November 2010
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ACKNOWLEDGMENT
The consultant would like to express her special thanks to Central Project Management Unit of Health Care in the South Central Coast Region Project (Ministry of Health) and Provincial Project Management Units at eight project provinces/cities (Da Nang City, Quang Nam, Quang Ngai Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, and Ninh Thuan) for providing related project documents and support her during the data collection process. Specially thank the PPMUs of Binh Dinh and Phu Yen provinces for their kind coordination and assistant during the qualitative assessment in November 2010 She sincerely thanks local residents (both affected and non-affected households), related departments and local authorities who participated in the field data collection phase. Without their positive and active participations, this report on the status of land acquisition and resettlement at eight project provinces/cities would not be possible. Finally, the consultant would specially acknowledge the financial support from the Asian Development Bank for implementing this activity.
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TABLE OF CONTENTS ACKNOWLEDGMENT ...... ii TABLE OF CONTENTS ...... iii LIST OF ABBREVIATIONS ...... iv LIST OF TABLES ...... v LIST OF FIGURES ...... v GLOSSARIES ...... vi EXECUTIVE SUMMARY ...... vii PART I. OVERVIEW ...... - 1 - 1. General Introduction on Health Care in the South Central Coast Region Project ...... - 1 - 2. Rational of the Assessment ...... - 1 - 3. Objectives of the Assessment ...... - 2 - 4. Main Activities of the Assessment ...... - 2 - 5. The Scople of the Assessment on Land Acquisition and Resettlement of the Project ...... - 3 - 6. Assessment methodology ...... - 3 - 7. Legal Foundation ...... - 4 - 8. Data analysis plan ...... - 11 - II. ASSESSMENT METHODOLOGY...... - 14 - PART III. ASSESSMENT RESULTS ...... - 16 - 1. Overview of the Project ...... - 16 - 2. Assessment on the scope of land acquisition and resettlement impacts ...... - 16 - 3. Entitlements, Consultations and Disclosure, Implementation Procedure ...... - 35 - 4. Advantages and challenges ………………………………………………………………….-41- CONCLUSIONS ...... - 43 - RECOMMENDATIONS ...... - 45 - ANNEXES ...... - 46 - ANNEX 1. DECISIONS ON COMPENSATION AND LAND ACQUISITION ………….……- 46 - ANNEX 2. DECISIONS ON ACQUIRED LAND……….………………………………………- 48- ANNEX 3. SURVEY QUESTIONNAIRE ...... -51- ANNEX 4. SCHEDULE AND TOOLS FOR QUALITATIVE ASSESSMENT ...... - 56 - ANNEX 5. CONSULTANT'S WORKING SCHEDULE FOR 2 MONTHS CONTRACT..….…- 70 -
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LIST OF ABBREVIATIONS
ADB Asian Development Bank AP Affected person CPC Commune People’s Committee DDPM District Department of Preventive Medicine ha Hectare HHs Households km Kilometer m Meter MOH Ministry of Health PMU Project Management Unit PPC Provincial People’s Committee PPMU Provincial Project Management Unit RP Resettlement Plan QĐ Decision QĐ-TTg Decision promulgated by the Prime Minister SCCR South Central Coast Region SMS secondary medical school TOR Terms of Reference US The United States VNĐ Vietnam Dong
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LIST OF TABLES Page
Table 1. Summary of Land Acquisition status in 9 project sites (5 provinces), 15 updated on November 2010
Table 2. Scope of land acquisition and resettlement impacts (updated 16 November 2010)
LIST OF FIGURES, PICTURES, AND DRAWINGS Page Figure 1. Methods applied for the assessment on the situation of the Project’s 4 land acquisition and resettlement Figure 2. Data sources need to be collected and analyzed in the Land Acquisition and Resettlement Assessment Report Figure 3: Model of managing organization structure of land clearance and 32 compensation Figure 4: Model of structure of provincial compensation and resettlement 33 steering committee Figure 5. Model of organizational structure of commune compensation 33 steering committee Picture 1. The site is already cleared and ready for construction works, Nhon 22 Phu Ward, Quy Nhon city, November 2010 Picture 2. Land acquisition activities for Tay Hoa District Hospital have 25 already completed, Hoa Binh 2 Commune, Tay Hoa District, Phu Yen, November 2010 Picture 3: A billboard at the Nhon Phu Ward People’s Committee – Binh Dinh 31 for officially displaying related information on land issues, legislations and the Project Drawing 1: Master plan drawing for the Song Cau District Hospital 24 Drawing 2. The new detailed site plan for the Song Cau District Department of 27 Preventive Medicine was submitted for approval, November 2010
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GLOSSARIES
Affected person means any person or persons, household, firm, private or public institution (AP) that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement Affected In the case of a household, the term “affected households” includes all members residing under one roof and operating as a single economic unit, households who are adversely affected by a project or any of its components. Compensation means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs Entitlement means a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, and relocation support which are due to affected people, depending on the nature of their losses, to restore their economic and social base Land acquisition means the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation equivalent to the replacement costs of affected assets. Involuntary Development project results in unavoidable resettlement losses, that people affected have no option but to rebuild their lives, incomes and asset bases resettlement elsewhere Rehabilitation Re-establishing incomes, livelihoods, living, and social systems means assistance provided to project affected persons due to the loss of Relocation productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life Resettlement means all measures taken to mitigate any and all adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed Resettlement is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, Plan (RP) monitoring and evaluation. The RP must be prepared and approved prior to loan appraisal for the Project.
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EXECUTIVE SUMMARY 1. Introduction of the Project and the Assessment Land acquisition and resettlement is one of the activities associated to upgrading and building healthcare facilities within Health Care in the South Central Coast Region Project, to be implemented in Da Nang City, Binh Dinh, Binh Thuan, Khanh Hoa, Ninh Thuan, Phu Yen, Quang Nam, and Quang Ngai over a five years period from 2009 to 2013. The Project is funded by the Asia Development Bank. The activities can cause remarkable impacts on the construction progress of facilities under the Project. Besides, the process of land acquisition and resettlement, if not appropriately managed and undertaken can have number of shortcomings, which can directly or indirectly result in negative impacts on the life of affected households in the project areas. These shortcomings can also cause impacts to the compliance of the Project with the provisions on compensation and site clearance policies and development investment policies set out by the ADB and affect the stability of the Project. In order to provide objective status on the current land acquisition and resettlement activities at eight project provinces/cities, this external assessment was undertaken within the period of two months, from 20 September 2010 to 20 November 2010. 2. Objective and Methods of the Assessment This assessment aimed to assess the current situation of land acquisition and resettlement activities in eight project provinces/cities. The assessment applied both quantitative and qualitative assessment methods. Secondary data was collected through desk study, whereas primary data was collected by conducting a survey based on questionnaire and undertaking in-depth interviews of the staff of PPMUs, the affected people/households and local authorities in the project areas. 3. Assessment sites and objects All eight project provinces/cities including Da Nang City, Binh Dinh, Binh Thuan, Khanh Hoa, Ninh Thuan, Phu Yen, Quang Nam, and Quang Ngai were chosen for quantitative assessment on the status of land acquisition and resettlement activities. The local authorities and affected people/households (who either lived in the project areas or lived surround the construction areas) were chosen for in-depth interviews. The PPMU staff were also the target respondents for quantitative survey and for in- depth interviews.
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4. Results The main results of this assessment were: Status of land acquisition and resettlement activities: in May 2008, a full Resettlement Plan (RP) was prepared for the Project, covering the nine subprojects in six provinces where resettlement impacts have been identified. However, the recent assessment showed that there were nine subprojects in five provinces/cities required land acquisition and resettlement. The Project upgrades or newly constructs a total of 25 facilities since the construction of Thuan Bac District Hospital in Ninh Thuan already completed using Governmental Bond, including 11 district hospitals, five regional (inter-district) hospitals, one provincial hospital, one rehabilitation hospital, one traditional medicine hospital, one secondary medical school, and five district department of preventive medicine (DDPMs). Among nine subprojects required land acquisition and resettlement activities, seven subprojects already completed the tasks according to the resettlement plans prepared by the provincial project management units (PPMUs), under the guidance of the provincial people’s committee (PPC) and the Ministry of Health (MOH). The remaining one subproject in Binh Thuan (Traditional Medicine Hospital) has two houses at the edge of the site to be relocated as soon as possible (expected in the 1st quarter of 2011) and one subproject in Phu Yen (the Song Cau DDPM) already submitted detailed site plan for approval, and is expected to undertake land acquisition and resettlement in 2011. Generally, the land acquisition and resettlement objectives have been met. Scope of Land Acquisition and Resettlement Impacts. Based on the results of current quantitative survey at all project provinces/cities (October 2010) at the nine subproject sites, it was showed that the numbers of affected households and houses to be relocated were in fact lower than the numbers identified in the Resettlement Plan (May 2008) as the data in the RP was based on the preliminary assessment in 2007. The most updated data provided by PPMUs showed that there were a total of 79 affected households, 233 affected persons (APs), two people’s committees, 1 old building of the Tay Hoa District Youth Union – Phu Yen, 1 government-owned company (1 TV Station) were affected. Of the 79 households that were affected by the Project, 42 households lost more than 10% of their productive land, and three households needed to be relocated. A total of 84,261.3m2 of land needed for acquisition and most of this area was already successfully acquisitioned. In each sub-project, the impacts of the land acquisition
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and resettlement activities on the socio-economic recovery of the affected people/households were quite minor. Entitlements. Entitlements and compensation standards were clearly specified and adequate. All compensations were based on the principle of replacement cost. Compensation and provision of assistance were provided and income restoration programs were put in place prior to relocation of affected households from their houses/or land acquisition activities. In-dept interviews with representatives of affected households showed that generally they were satisfied with the levels of compensations. Local residents were very supportive to the Project as they saw the real benefits for the communities when the new hospitals will be in operation. The majority of directly affected and non-directly affected people being interviewed stated that their current concerns were that how to speed up the construction of the hospitals so the community can benefit the Project as well as the apply of appropriate solid and liquid waste management system when the hospitals will be in operation in order to prevent environmental pollution in the surrounding areas. Consultation and Disclosure. The recent interviews with representatives of PPMUs showed that the consultation and disclosure activities were well implemented at the sub-project areas. At the early stages of sub-project preparation, local authorities and leaders of different administrative levels in each of the Project towns/districts/communes were informed about the project proposal, its objectives, and proposed activities. They were consulted on development needs and land acquisition and/or resettlement issues, their perception toward project objectives, technical designs, and their tasks and roles in project planning and implementation. Affected persons have also been informed about the proposed Project on an individual household basis and using different communication channels including direct and indirect forms, such as: community meetings, household visits, official letters sent to each affected household, and officially notices displayed at the commune People’s Committee billboards. The affected households were consulted about how the Project was going to directly affect them. They have been involved in developing the proposed resettlement and compensation packages and expressed their preferences for the type of compensation. In depth interviews with representatives of affected households showed that they were well informed of all related information on the land acquisition, resettlement and compensation activities due to the sub-projects.
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Implementation Arrangements. The MOH has been the Executing Agency for the Project. The PPMUs have been the principal units for project implementation in each province/city, while the project management unit (PMU) under the MOH has been providing technical, coordination, and logistics supports. The MOH was responsible for approving the RP and ensuring that the RP was approved by each of the involved Provincial People’s Committees. The PPMUs ensured coordination of provincial and/or district agencies involved in resettlement and review compensation rates and the resettlement budget. Resettlement committees at the provincial and district levels have been established/activated to organize, plan and carry out daily detailed RP activities in the districts/towns together with the PPMUs. In some sub-projects, the land acquisition activities already implemented by related departments of the provinces and the lands handed over to the PPMUs for constructing hospitals/DDPMs funded by ADB were in fact “clean land” and PPMUs did not have to involve in the land acquisitions and/or resettlements activities. Resettlement plan cost. The cost of resettlement for the Project was estimated at US$ 1,229,651.35 (equaled approximately VND 21,518,892,000.0, applying the previous exchange rate of US$ 1 = VND 17,500) as stated in the Project Resettlement Plan (May 2008). The current updated data from PPMUs showed that except one site has not estimated the cost, the money spent on land acquisition and resettlement for the other nine sub-project sites was VND 10,383,958,350. This amount included the cash cost of land acquisition, provision or purchase of other land for farmers (in cases of land for land compensation were applied), compensation for loss of houses, structures, crops and business, relocation, and living standards rehabilitation measures… All land acquisition and resettlement expenses were covered by the Provincial’s budget. Advantages and disadvantages. Advantages. According to representatives of PPMUs in eight project provinces/cities, the advantages of land acquisition and resettlement activities were: (1) only few sub-projects required the activities while most of the sub- projects were located on the former locations of hospitals or were allocated with “clean lands”, that all land acquisition and resettlement activities were already completed before the started of this Project by the Provinces/Cities; (2) For the sites required land acquisition and/or resettlement activities, the People’s Committee and related departments from provincial to communal levels were
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committed and fully supported the implementation of the activities according to the approved plans; (3) Generally, the sub-projects were to be built at the areas where the health care services did not meet the local demands, therefore, both local authorities and the communities were very welcome the Project and fully supported the development of the hospitals and departments of preventive medicines as long as they were assured that the hospital wastes will be properly managed; (4) The legal foundation for land acquisition and resettlement activities was adequate, and in some sub-projects, for example those in Phu Yen, affected households were very happy with the level of compensations they received that defined in the Provincial People’s Committee’s Decision. Disadvantages. However, there were some of the challenges that were faced during the implementation of land acquisition and resettlement activities, including: (1) the communities had limited knowledge on the Project and levels of compensations they would received according to current legislations. Thus communication activities had to be implemented through different channels, such as community meetings, household visits, official letters sent to each affected households, officially notice displayed at Communal People’s Committee offices etc. to ensure local residents fully understand about the benefits of the sub- projects as well the impacts on their families. (2) the weather in the South Central Coast Region was not favorable, especially in the rainy season, the land acquisition and the sites’ platform risen caused inundation to some surrounded households. (3) the administrative procedures of this Project took a long period of time. Some sites already completed land acquisition and resettlement activities and still waiting for the construction step. Local residents observed the acquisitioned sites not being used in a long time and some were not happy with this. 5. Conclusions From this assessment, it can be conclude that the Project to be implemented at eight provinces/cities in the South Central Coast Region did not face with major challenges in land acquisition and resettlement activities as many other projects usually do. Out of 25 sub-projects in eight provinces/cities, only eight sub-projects in five provinces/cities required land acquisition/resettlement activities. Of these eight sub-projects, seven sites already completed land acquisition and/or resettlements activities according to the approved plans, while the remaining two sub-projects are planed to be completed in early 2011.
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Binh Dinh PMU will submit the progress on RP updating and implementation for the Traditional Medicine Hospital sub-project to the PMU - MOH on a quarterly basis. In addition, since the Song Cau District Department of Preventive Medicine sub-project in Phu Yen was not included in the Project’s Resettlement Plan (2008), therefore in accordance with the agreed Resettlement Framework and ADB’s Involuntary Resettlement Policy (1995) resettlement plan for this site should be prepared, disclosed to the public and submitted to ADB for approval. The Phu Yen PMU will submit the progress on RP updating and implementation to the PMU - MOH on a quarterly basis. The PMU will prepare a monitoring report and submit it to ADB. Generally, the land acquisition and resettlement objectives have been met. The impacts of the land acquisition and resettlement activities on the socio-economic recovery of the affected people/households in each sub-project areas were quite minor. The activities were compliance with ADB’s social safeguards. Entitlements and compensation standards were clearly specified and adequate. The establishment/activation of organizational structure to carry out land acquisition and resettlement activities in project provinces/cities were in accordance with recent regulations of the Vietnamese Government. The legal bases for these activities were adequate and with the supports and commitment of related local stakeholders and authorities, the land acquisition and resettlement activities were well implemented according to plans. The compensation and site clearance implementation processes at project provinces/cities were conformity with current regulations, publicity and transparency. It was also clearly in the process that local people (both directly affected and in-directly affected households) directly took part in compensation and site clearance. The communication activities through different channels used at the communal level and communal authorizes played crucial role in the compensation, land acquisition and resettlement process to ensure directly affected and in-directly affected people understood the benefits of the sub-projects and supported the activities. Communal authorities were closest body to the local residents and they were efficiently dealing with concerns/complaints that may arise during the process of land acquisition and/or resettlement. The responsibility and coordination between divisions in the land acquisition and compensation management bodies were clearly defined. The managing
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organization structure was established fully and in accordance with recent regulations of Vietnam. The managing organization structure was set up in functions or activated, with responsibilities and coordinative relations clearly defined. The effective coordination between Project Management Board, the Steering Committee and the Land Clearance and Compensation Committee was showed in every activity of land acquisition and resettlement. Generally, communities in the sub-project areas highly supported the Project as they saw the real benefits for the communities. The current hospitals were very overloaded and degraded with lack of modern equipment that did not meet the demands for health care and treatment of the local people. Both local authorities and local residents were satisfied and supported the Project. Their only current concerns are how to speed up the construction activities as well as ensuring that the construction and operation of hospitals will not resulting in environmental contamination to the surrounding areas. 6. Recommendations Based on the results of the assessment, the following recommendations were made: For the sub-projects that did not require land acquisition and resettlement, together with six sub-projects where lands have been fully acquired and affected households were already appropriately compensated and relocated, the approval to award of civil works should be implemented as soon as possible to ensure the project implementation progress and meeting the expectation of local authorities and residents. For the Traditional Medicine Hospital sub-project where there are two houses at the edge of the site that not yet be relocated, the Quy Nhon City People’s Committee should actively manage the two lots of 100 m2 land for resettlement of the two households according to the recent direct guidance of the Binh Dinh People’s Committee. This should be done as soon as possible as the rising site foundation has caused inundation to these houses, which has negatively affected the livelihood of two families. Binh Dinh PMU needs to submit the progress on RP updating and implementation for the Traditional Medicine Hospital sub- project to the PMU - MOH on a quarterly basis. Although there are still two more houses to be relocated, the locations of these houses are at the edge of the hospital where there will be no construction activities. The areas for construction works already fully acquired, and therefore the approval to award of civil works can be implemented as soon as possible.
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The Song Cau District Department of Preventive Medicine sub-project already submitted detailed site plan for approval, and is expected to undertake land acquisition and resettlement in 2011. The PPMU and related stakeholders should speed up the process. In accordance with the agreed Resettlement Framework and ADB’s Involuntary Resettlement Policy (1995) resettlement plan for this site should be prepared, disclosed to the public and submitted for approval. The Phu Yen PMU will submit the progress on RP updating and implementation to the PMU - MOH on a quarterly basis. The PMU will prepare a monitoring report and submit it to ADB. Approval to award of any civil works contracts will not be given until the required lands have been fully acquired and affected households are appropriately compensated and relocated.
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PART I. OVERVIEW
1. General Introduction on Health Care in the South Central Coast Region Project The Socialist Republic of Vietnam has received the loan of $ 72,000,000 from the Asian Development Bank (ADB) and with the Vietnamese Government’s counterpart fund of $8,000,000 to implement Health Care in the South Central Coast Region Project. The Project will support eight provinces/cities in the South Central Coast Region, including Da Nang City, Binh Dinh, Binh Thuan, Khanh Hoa, Ninh Thuan, Phu Yen, Quang Nam, and Quang Ngai over a five years period from 2009 to 2013. The Project has financed a slice of each provincial health plan, focusing on district hospitals and human resource development, while the Central Government is committed to provide complementary funds for primary health care. The overall goal of the Project is to improve the health status of the population in the eight Project provinces/cities, in particular the poor, women, children and ethnic minority people. The Project’s outcome is expected to be a more comprehensive and well managed and better used provincial health systems in the eight Project provinces/cities with a focus on health care for the poor, women and children and ethnic minorities through: (i) improving health facilities, (ii)strengthening human resources through improved workforce planning and training capacity and specific training programs, (iii) improving access to health services for the poor, and (iv) strengthening provincial health systems by improving management and monitoring of the provincial health systems and hospitals.
2. Rational of the Assessment Health Care in the South Central Coast Region Project has been implemented in eight provinces/cities. The land acquisition and resettlement is one of the components of the upgrading and new construction of healthcare facilities in the project areas. According to the ADB, this component (if not sufficiently implemented) can has remarkable negative impacts on the construction progress of healthcare facilities under the Project. In addition, the management and construction of the healthcare facilities and movement of the inhabitants to the new settlement areas may negatively impact on the lives of many households in the project areas. These factors can influence the compliance of the compensation policies, development investment policies of the ADB and adversely impact on the stability of the Project. This land acquisition and resettlement external monitoring and evaluation is important to objectively assess the progress of resettlement (based on the RP) and assess whether the resettlement objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards have been restored or enhanced. This
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activity is also important in terms of drawing lessons as a guide to future resettlement planning. The project management units at different levels will base on the assessment’s results to adjust the project activities in compliance with the project’s commitment with the ADB and ensuring the sustainability of the Project.
3. Objectives of the Assessment Overall objective: to assess the current situation of land acquisition and resettlement in eight project provinces/cities Specific objectives (i) Assess the current situation of land acquisition and resettlement in the project area, through: - Review the implementation of land acquisition and resettlement activities in the eight project provinces/cities and to assess whether land acquisition and resettlement objectives have been met. - Review the impacts of the land acquisition and resettlement activities on the socio- economic recovery of the affected people/households in the project areas. - Assess compliance on ADB’s social safeguards (involuntary resettlement and indigenous peoples issues related to resettlement). - Ensure entitlements and compensation standards are clearly, specified and adequate; ensure relocation and rehabilitation plans have been formulated (refer to ADB’s Handbook on Involuntary Resettlement). - Ensure ADB’s procedural requirements for resettlement have been met; Review and finalize project resettlement plan. (ii) Draw the lessons learnt and propose the measures to enhance the effectiveness of the land acquisition and resettlement activities in the future.
4. Main Activities of the Assessment In order to assess the land acquisition and resettlement activities, the following activities have been conducted: - Reviewed Project’s documents - Reviewed the Legal framework related to land acquisition and resettlement activities within the framework of the Project
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- Reviewed the Plan of land acquisition and resettlement activities of the Project - Assessed quantitatively and qualitatively the implementation process of land acquisition and resettlement activities conducted by the local authorities in the project areas. The details of these activities are the announcement of land acquisition and resettlement to the inhabitants, payment and timing of compensation, preparation of resettlement area, infrastructure construction, and implementation resettlement. - Assessed the current results of land acquisition and resettlement. - Qualitatively assessed the impacts of land acquisition and resettlement activities on the inhabitants in the project areas that include: the affected people/households and their general features; the living conditions of the affected people/households before and after resettlement; the reaction of the affected inhabitants to the land acquisition and resettlement activities.
5. The Scope of the Assessment on Land Acquisition and Resettlement of the Project The external consultant focused on assessing the land acquisition and resettlement activities in the eight project provinces/cities where Health Care in the South Central Coast Region Project has been implemented with the construction of facilities related to site clearance. These provinces/cities included the following: Da Nang, Binh Dinh, Binh Thuan, Khanh Hoa, Ninh Thuan, Phu Yen, Quang Nam, and Quang Ngai.
6. Assessment methodology This assignment was designed based on the experiences in developing and conducting assessment on land acquisition and resettlement of different projects in Vietnam and other countries in order to assess the current status of land acquisition and resettlement in the construction areas under the Project in the eight provinces/cities in the South Central Coast Region in accordance with regulations and guidelines of the Government of Vietnam and ADB. The assessment applied both quantitative and qualitative methods (desk study and field assessment) to evaluate the land acquisition and resettlement activities at the eight project provinces/cities, as the following: - Reviewed of on socio-economic situation of the selected locality, the policies, provisions and legal documents provided by the State and the guidelines on resettlement activities of the ADB.
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- Conducted in-depth interviews on the representatives of the households affected by the land acquisition and resettlement activities in the project area to collect the detailed information related to their attitudes and reactions toward the implementation process of the related organization, as well as examining qualitatively the impacts of land acquisition and resettlement activities on the affected people’s lives. - Conducting in-depth interviews on the local authorities (at commune level) and the personnel in the provincial project management units to gather information on the implementation process of land acquisition and resettlement plans. - Conducting quantitative survey using designed questionnaire on the Project’s land acquisition and resettlement activities at eight project provinces/cities.
LAND ACQUISITION AND RESETTLEMENT ASSESSMENT
QUANTITATIVE QUALITATIVE METHODS METHODS
Survey Direct Secondary In-depth Secondary questionnaires observations data interviews data using Figure 1. Methodschecklists applied for the assessment on the situation of the Project’s land acquisition and resettlement
7. Legal Foundation In order to evaluate the land acquisition and resettlement activities at the eight project provinces/cities, the consultant has reviewed the compliance with the provision related to land acquisition and resettlement of Vietnam and those of ADB. 7.1. The policy and legal framework regulating the land acquisition and resettlement activities of Vietnam General legal documents
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- 1992 Constitution of The Socialist Republic of Viet Nam (as amended under Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly) - Law No. 33/2005/QH11 dated June 14, 2005 of the National Assembly on Civil - Law No. 13/2003/QH11 dated November 26, 2003 of the National Assembly on Land - Law No. 56/2005/QH11 dated November 29, 2005 of the National Assembly on Housing Legal documents regulating land use - Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law. - Decree No. 197/2004/ND-CP dated December 03, 2004 of the Government on the compensation, support and resettlement when the State acquisites land. The principles underlying compensation are: (i) recovery of land from eligible persons shall be compensated; (ii) in the event, the affected person is not eligible for compensation, consideration will be given to forms of assistance; (iii) compensation for affected land will be in the form new land allocation with the same purpose of use or, if no such land is available, cash compensation equal to the value of land use rights at the time of recovery; and, (iv) outstanding financial liabilities associated with land to be recovered will be deducted from the amount of compensation or assistance money. The Decree and Circular No. 116/2004 TT-BTC set out in detail the types of compensation for different types of users and losses; assistance policies; provisions for individual and group resettlement; and, the roles and responsibilities for implementation of resettlement projects. - Decree No. 17/2006/ND-CP dated January 27, 2006 of the Government amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law. It stipulates that where an international aid agreement has provisions that are inconsistent with the provisions of Viet Nam law, the provisions of the ODA agreement shall prevail (Article 29). Decree No. 197/2004/ND-CP corroborates that when compensation, assistance and resettlement for a project using official ODA differs from the provision of the Decree, the project must be submitted to the Prime Minister for consideration and decision (Article 2). - Decree No. 17/2006/ND-CP amends Decree 197 to strengthen several aspects of the provisions for compensation, assistance and resettlement, including: (i) a requirement
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to update official PPC prices, as necessary, to reflect market values for affected assets; (ii) life stabilization assistance for poor households; and, (iii) assistance for occupational change and job creation for Aps losing significant portions of their productive assets, as well as for APs that relocate to resettlement sites. - Decree No. 188/2004/ND-CP regulates the methodology for determining land prices and price frames for State recovery of land, as well as for taxation on land use and the transfer of land use rights and for land rents for government land. It establishes the minimum and maximum prices for different types and categories of land. The principle underlying the determination of land prices is the actual transfer price on the market under normal conditions between a willing seller and buyer without regard to factors such a speculation, changes in planning, forceful transfer or blood relationship. Circular No. 114/2004/TT-BTC elaborates in detail the methods (direct comparison and income methods) for determining land prices. - Decree No. 84/2007/ND-CP dated May 25, 2007 of the Government with additional provisions on issuance of land use right certificates; on land recovery; on exercise of land use rights; on order and procedures for compensation, assistance and resettlement when the state recovers land; and on resolution of complaints about land - Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement - Joint Circular No. 14/2008/TTLT/BTC-BTNMT dated on January 31, 2008 of Ministry of Finance and Ministry of Natural Resources and Environment on guiding some articles of Decree No. 84/2007/NĐ-CP - Circular No. 14/2009/TT-BTNMT dated October 01, 2009 of Ministry of Natural Resources and Environment detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease Legal documents regulating ownership and management of urban land and housing - Decree No. 71/2010/ND-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law - Circular No. 16/2010/TT-BXD dated September 01, 2010 of Ministry of Construction detailing and guiding some articles of Decree No 71/2010/ND-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law.
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- Decree No. 61-CP dated July 05, 1994 of the Government on dwelling house purchase, sale and business Legal documents regulating land prices - Decree No. 188/2004/ND-CP dated November 16, 2004 of the Government on methods of determining land prices and assorted-land price brackets - Decree No. 123/2007/ND-CP dated July 27, 2007 of the Government amending and supplementing Decree 188/2004/ND-CP the Government dated November 16, 2004 on price determination methods and price frameworks for all types of land Legal documents regulating taxes for assignment of land use right - Law No.04/2007/QH12 dated December 05, 2007 of the National Assembly on personal income tax - Decree No. 100/2008/ND-CP dated September 8, 2008 of the Government detailing a number of articles of the Law on personal income tax - Circular No. 84/2008/TT-BTC dated September 30, 2008 of the Ministry of Finance guiding the implementation of a number of articles of the Law on personal income tax and guiding the implementation of the Government’s Decree No. 100/2008/ND- CP dated September 8, 2008, detailing a number of articles of the Law on personal income tax - Circular No. 62/2009/TT-BTC dated March 27, 2009, of the Ministry of Finance amending and supplementing the Ministry of Finance’s Circular No. 84/2008/TT- BTC of September 30, 2008, guiding a number of articles of the Law on Personal Income Tax and guiding the Government’s Decree No. 100/2008/ND-CP of September 8, 2008, detailing a number of articles of the Law on Personal Income Tax - Circular No. 02/2010/TT-BTC dated January 11, 2010 of the Ministry of Finance supplementing the Finance Ministry’s Circular No. 84/2008/TT-BTC of September 30, 2008, guiding a number of articles of the Law on Personal Income Tax and guiding the implementation of the Government’s Decree No. 100/2008/ND-CP of September 8, 2008, detailing a number of articles of the Law on Personal Income Tax Legal documents regulating land and housing taxes - Ordinance on house and land tax dated October 08, 1992 of the Council of State.
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- Ordinance amending and supplementing a number of articles of the Ordinance on house and land tax dated May 19, 1994 of the Standing Committee of the National Assembly (session IX) . Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include: (i) Construction Law No. 16/2003/QH11, on compensation and relocation of people affected by ground clearance for investment projects. Decree No. 16/2005/ND-CP, on the implementation of the Construction Law. (ii) Decree No. 182/2004/ND-CP, on penalties for administrative violations in land issues. (iii) Decree No. 198/2004/ND-CP, on land use fees. (iv) Circular 117/2004/TT-BTC, guiding the implementation of Decree 198. (v) Decree No.60/1994/CP, on property ownership and the right to use urban residential land, ensuring the right to own residential structures and use residential land. (vi) Decree No.45/1996/CP, regulates the amendment of Article 10 of Decree No. 60/1994/CP, allowing land use rights to those not eligible under Decree No. 60. (vii) Decree No.61/1994/CP, on the purchase, sale and trading of residential dwellings. (viii) Decree No.64/1993/CP, on the distribution of agricultural land to households for long-term agricultural purposes. (ix) Circular No.05-BXD/DT, 1993, on the classification of house types. (x) Decree No.70 that stipulates that all documents registering family assets and land use rights must be in the names of both husband and wife. - Laws, decrees and decisions relevant to public disclosure of information include: (i) Land Law, No. 13/2003/QH11, Article 39, requiring disclosure of information to affected people prior to recovery of agricultural and non-agricultural land of, respectively, 90 and 180 days minimum. (ii) Decision 3037/QD-BGTVT, 2003, making the Project Management Unit (PMU) together with the Resettlement Committee responsible for public disclosure through mass media of the Project policies and the extent of site clearance to local people, particularly those that will be affected. - Decrees relevant to protection and preservation of cultural property include:
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(i) Decree No. 172/1999/ND-CP, Article 25, requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations.
7.2. Provision on land acquisition and resettlement of the ADB ADB stipulates that all the resettlement projects have to set up plan for resettlement regardless how many inhabitants affected by this activity and at what level of affection is. However, the detail level of the plan may depend on the target groups, the levels of complexity, the sizes and critical levels of resettlement. The Bank provided that a comprehensive resettlement plan has to be worked out when land acquisition and resettlement is remarkable. Remarkable level is defined as follows: 200 inhabitants or over are affected by the resettlement activities; or 100 inhabitants or over are affected if the inhabitants are native ones or venerable ones (poorest people, isolated communes, including those people do not have legal ownership on their asset); or over inhabitants affected by resettlement activities if the inhabitants are specially affected (Guideline for implementation of resettlement of ADB) - Comprehensive resettlement plan must include the follows points: - Scope of land acquisition and resettlement: describing the scope and the reasons for land occupation, alternative plan for minimize the land acquisition, possible impacts of the activities, major activities of land acquisition, asset losses and the livelihood losses and clearly defining the main responsibility of land acquisition and resettlement - Collecting information related to number of effected inhabitants, the impacts toward the effected inhabitants via socio-economic indexes, defining the damages and losses of effected inhabitants, providing the public facilities. - Describing the objectives of land acquisition and resettlement, guiding policies and laws of the country and locality on land, compensation and resettlement applied for the project. - Defining the related parties to the project, the participatory regime of related parties, the monitoring and evaluating process, the local entity or local organization providing supports to the affected inhabitants.
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- Defining the plan for moving houses and other facilities, the measures supporting for moving and resettlement development plan including location, quality of resettlement location. - Developing the plans for reinstating income for effected inhabitants. - Formulating budget for resettlement. - Organizing the monitoring and evaluation activities on the level of accomplishment on outset objective of the activities. The inhabitants affected by land acquisition and resettlement must be compensated and assisted so as to their social and economic future will be as good as the time of no project implementation. The affected inhabitants must be provided with adequate information and their opinion on resettlement plans must be referred. The following summarizes the key ADB policies relevant to the preparation of the Resettlement Plan for the Project. The ADB Policy on Involuntary Resettlement (1995) aims to provide an effective opportunity for people who are dispossessed or displaced to achieve development benefits, particularly the poor and vulnerable, who may be disproportionately affected by resettlement losses. The four important elements of the policy are: (i) compensation to replace lost assets, livelihood and income; (ii) assistance for relocation by providing relocation sites with appropriate facilities and services; (iii) rehabilitation assistance to restore living standards of the affected people to levels equal to, if not better than, that which they had before the project; and (iv) assistance to the poor and vulnerable to improve their socio-economic status. The basic principles of the policy are as follows: (i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (iii) People losing all or part of their land, means of livelihood or social support systems, should be compensated and assisted, in cash or kind, so that their economic and social future would be generally as favorable as it would have been in the absence of the Project. All compensation is based on the principle of replacement cost. (iv) Involuntary resettlement should be conceived and executed as part of the project. (v) The affected people should be informed fully and consulted in resettlement and compensation options.
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(vi) Existing social and cultural institutions of APs who must relocate should be supported and used to the greatest extent possible, and APs should be integrated economically and socially into host communities. (vii) Lack of legal rights to the assets lost or adversely affected should not prevent APs from entitlement to compensation and rehabilitation measures. Those without legal title to land occupied or used by them (e.g., non-titled APs) should be entitled to various kinds of resettlement assistance to improve their socio-economic status. (viii) All stages of resettlement identification, planning, and management should ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and to ensure the restoration of their income and living standards. Particular attention must be paid to the needs of the poorest and other vulnerable groups that may be at high risk of impoverishment. This may include APs without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, improve their socio-economic status. (ix) The full costs of resettlement and compensation should be included in the presentation of project costs and benefits. (x) Cost of resettlement and compensation may be considered for inclusion in the Bank loan financing for the project. The ADB Policy on Indigenous Peoples (1998), the ADB Policy on Gender and Development (1998), the ADB Accountability Mechanism (2003) and the ADB Public Communications Policy (2005) are also relevant for the preparation and implementation of the RP.
8. Data analysis plan In order to assess the current status of land acquisition and resettlement activities at eight project provinces/cities, the external consultant formulated the analytical theory framework based on the theory of resettlement assessment and the guideline for resettlement of the ADB. The theory of valuation frame work includes: : 8.1. Assess the implementation process base on phases of activities The implementation process of land acquisition and resettlement is evaluated on the following aspects:
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- Level of compliance with the provisions and policies on land acquisition and resettlement - Level of compliance on timing - Level of compliance on approved expense framework. The external consultation used the above indicators to evaluate the implementation of land acquisition and resettlement of the Health Care for SCCR Project on each of the three phases as the below: Preparation phase: which includes - Formulation of compensation documents: defining the recipient of compensation of resettlement, arrangement of the executive groups - Defining the compensation and resettlement plan: inhabitant assistance plan, compensation plan and moving plan. - Planning on expenses according to the compensation items and the resettlement facilities - Propaganda: selecting the methods and means of propaganda - Announcement and review the opinion of inhabitants about the land acquisition and resettlement plan. Implementation of land acquisition and resettlement phase: - Implementation of land acquisition - Disbursement of compensation to the affected inhabitants - Claim settlement - Implementation of moving Resettlement phase - Housing and infrastructure construction - Level of livelihood recovery for resettled households - Stabilization and enhancement of life for resettled households 8.2. The results of land acquisition and resettlement The results of land acquisition and resettlement at eight project provinces/cities were assessed on the following aspects: - The total square meter acquired and total square meter of cleared sites - The level compensation recipients’ satisfaction on the land acquisition and resettlement activities. - Number of settled claims over the total number of claims.
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8.3. Assessment of land acquisition and resettlement impacts to affected inhabitants The assessment should be conducted both quantitatively and qualitatively, base on the changes on living standard and socio-economic life of the affected group of and the reaction of the inhabitants towards the implementation process of land acquisition and resettlement in the region. However, in this assignment, with limited time and resources, the external consultant only verify some of the impacts using qualitative approach. Based on the above mentioned theory, the consultant designed the questionnaire and the detailed guideline for in-depth interviews in order to collect data. Both quantitative and qualitative data analysis methods were applied to assess the current situation of land acquisition and resettlement activities in eight project provinces/cities. The following Figure show sources of data to be analyzed and included in the assessment’s results.
Questionnaire Direct Secondary In-depth Secondary survey observation data interviews data
Analyze Analyze quantitative data qualitative data
Assessment report
Figure 2. Data sources need to be collected and analyzed in the Land Acquisition and Resettlement Assessment Report
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II. ASSESSMENT METHODOLOGY 1. Assessement methodology The assessment is a cross-sectional descritive study, applied both qualitative and quantitative methods with primary and secondary data sources. 2. Assessement timeline The assessment was conducted by an external consultant within two months period, from 20th September 2010 to 20th November 2010. 3. Assessement sites The assessment was undertaken at eight provinces/cities belonged to Health Care in the South Central Coast Region Project, including Da Nang City, Quang Nam, Quang Ngai Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, and Ninh Thuan. The questionnaire survey was undertaken at all of the project provinces/city while in-depth-interviews were implemented at Binh Dinh and Phu Yen, where with the highest number of affected households and where the quantitative survey results showed that there were some complaints related to land acquisition and resettlement. 4. Study objects Quantitative survey - Representatives from all provincial project management units at eight project provinces/cities, who were able to clearly give answers to the survey questions on the situation of land acquisition and resettlement in the area due to the construction of health facilities belonged to Health Care in the South Central Coast Region Project. Qualitative - In Binh Dinh and Phu Yen provinces, representatives of PPMUs, District People’s committee, Commune People’s Committee, and affected/non-affected households were invited to participate in in-depth interviews. 5. Sample size Sample size for quantitative survey: all PPMUs at eight project provinces/cities, including Da Nang City, Quang Nam, Quang Ngai Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, and Ninh Thuan.
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Sample size for qualitative study: one representative of PPMU, one representative of District People’s Committee, one representative of Commune People’s Committee, and five to seven affected/non-affected households. 6. Data collection methods and ethical issues For quantitative study: representatives of all PPMUs answered pre-designed survey questionnaire on various aspects of land acquisition and resettlement due to the construction of health facilities belonged to Health Care in the South Central Coast Region Project. Secondary data on the project’s implementation, land acquisition and resettlement were reviewed. The current project sites were observed. Qualitative study to investigate the situation and issues related to land acquisition and resettlement of the Project. Conducted in-depth interviews with representatives of PPMU, District People’s Committee, Commune People’s Committee, and affected/non-affected households based on Guidelines for in-depth interview. Interviewees taking part in both quantitative survey and in-depth interviews were clearly informed about the aims, objectives of the assessment and they were entirely voluntarily involved in the assessment. They cound refuse to take part in the interviews or refuse to answer any questions that they did not like to answer.
7. Data processing All collected quantitative data were cleaned and analyzed according to the set objectives. Qualitative data were analyzed according to the set objectives in order to answer the WHY and HOW questions, to explore the deeper meaning of the quantitative data.
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PART III. ASSESSMENT RESULTS
1. Overview of the Project The Health Care in the South Central Coast Region Project aimed to improve the health status of the poor, women, children, ethnic minorities, and other vulnerable groups in eight provinces in the SCCR towards achieving the Millennium Development Goals. Major project outputs are (i) upgraded health facilities; (ii) sustainable human resources development; (iii) improved access to health services for the poor; and (iv) strengthened provincial health systems. The Project was designed to support the Government’s efforts to develop a comprehensive and well managed provincial health system that preserves the gains in health status already achieved, extends those gains to the poor and underserved, and is better able to address emerging challenges and changing demands. The eight provinces are Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, and Binh Thuan. In May 2008, a full Resettlement Plan (RP) has been prepared for the Project, covering the nine subprojects in six provinces where resettlement impacts have been identified. No land acquisition and resettlement were required for the Quang Nam and Khanh Hoa provinces since the civil works are within the hospital campuses. The Project will upgrade or newly construct a total of 26 facilities, including 12 district hospitals, five regional (interdistrict) hospitals, one provincial hospital, one rehabilitation hospital, one traditional medicine hospital, one secondary medical school (SMS), and five DDPMs. Among 26 facilities, 13 facilities required land acquisition and/resettlement activities. 21 sites were known by May 2008. There were five new sites for one regional hospital, three district hospitals and one secondary medical school. By November 2010, all 26 sites were identified (of which 1 site – the Thuan Bac District Hospital was completed using the Governmental Bond, and therefore is no longer belong to this Project), 16 sites did not required land acquisition and/or resettlement activities, seven sites already completed land acquisition and/or resettlement, and the remaining two sites are expected to complete these activities in early 2011. The regional and district hospitals were typically located in less populated areas and either to be constructed on vacant Government-owned land or private agricultural land. One plot is owned by a company.
2. Assessment on the scope of land acquisition and resettlement impacts 2.1. Summary Scope of Land Acquisition and Resettlement Impacts
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Based on the Resettlement Plan (May 2008), and the results of current quantitative survey at all project provinces/cities (October 2010) at the nine subproject sites, there were a total of 79 affected households, 233 affected persons (APs), two people’s committees, an old building of the Tay Hoa District Youth Union – Phu Yen, and one government-owned company (one TV Station) were identified. Of the 79 households that were affected by the Project, 42 households lost more than 10% of their productive land and three households needed to be relocated. A total of 84,261.3m2 of land needed for acquisition and most of this area was already acquisitioned (see Table 1, Table 2). Table 1. Summary of Land Acquisition status in 9 project sites (5 provinces), updated on November 2010 Province Sites Land acquisition Total VND Status by (m2) Nov. 2010 Quang Son Tay District Hospital 8118.1 1,581,682,000 Done Ngai Binh Dinh Traditional Medicine 1000 1,093,756,000 Almost done, 2 Hospital HHs to be relocated in early 2011* Phu Yen Tuy An Regional 0 11,147,000 Done Hospital (new site) Tay Hoa District 7263 1,094,230,000 Done Hospital Song Cau District 5694 532,598,000 Done Hospital Song Cau DDPM 3500 Not yet Implemented identified in 2011** Khanh Van Ninh District 22,902.2m2 462,654,000 Done Hoa Hospital Ninh Secondary Medical 33000 5,607,891,350 Done Thuan School (new site) Binh The Northern Regional 2784 Done Thuan Hospital TOTAL 84,261.3 Note: * = The specific site for construction work using ADB fund (Resident Treatment Department) has already completed the land acquisition activities (see Picture 1). See Section 2.2.4 for more details. ** = The officially approved site for constructing Song Cau Town Department of Preventive Medicine was at Le Uyen Village, Xuan Phuong Commune, Song Cau Town. However, on the 31st of March 2010, the site was officially changed to Trung Trinh
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Village, Xuan Phuong Commune, Song Cau Town and the land acquisition & resettlement activities have not been implemented. See Section 2.2.5 for more details. Among nine subprojects required land acquisition and resettlement activities, seven subprojects already completed the tasks according to the resettlement plans prepared by the provincial project management units (PPMUs), under the guidance of the Provincial People’s Committee (PPC) and the Ministry of Health (MOH). The remaining one subproject in Binh Thuan (Traditional Medicine Hospital) has two houses at the edge of the site to be relocated as soon as possible (expected at the 1st quarter of 2011) and one subproject in Phu Yen (the Song Cau DDPM) already submitted detailed site plan for approval, and is expected to undertake land acquisition and resettlement in 2011 (see Table 1 and Table 2 for details).
Among nine subprojects required land acquisition and resettlement activities, seven subprojects already completed the tasks according to the resettlement plans prepared by the provincial project management units (PPMUs).
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Table 2. Scope of land acquisition and resettlement impacts (updated November 2010) Sites Estimated land Affected Affected Households APs losing Other impacts Houses to Houses already acquisition (m2) household population to be >=10% of be relocated relocated relocated productive by according to assets 30/9/2010 plan I. DANANG SITE: no land acquisition and resettlement requirements for Rehabilitation Hospital and Hoa Vang District Hospital as the civil works are within the hospital’s campuses (Rehabilitation Hospital) or in the “clean” land that already acquisitioned by related departments assigned by the City People’s Committee. II. QUANG NAM PROVINCE: no land acquisition and resettlement requirements for Bac Tra Mi District Hospital, Regional Hospital in Quang Nam, Dong Giang District Hospital, and Dien Ban District Department of Preventive Medicine as the civil works are within the hospitals’ campuses or on public land (clean land) III. QUANG NGAI PROVINCE: no land acquisition and resettlement requirements for Tra Bong, Ba To, Tay Tra district hospitals as the civil works are within the hospitals’ campuses. Mo Duc District Department of Preventive Medicine is built within part of the Hospital’s land. Son Tay District 8118.1 m2 18HHs 19 0 16 Crops and trees 0 0 Hospital people IV. BINH DINH PROVINCE: no land acquisition and resettlement requirements for Binh Dinh Provincial Hospital and Phu My District Hospital as the civil works are within the hospitals’ campuses. Only land acquisition and resettlement activities are required for the Traditional Medicine and these are implemented by the Provincial Center for Land Resource Development. Traditional 1000 m2 13 69 2 11 Trees, crops, 4 2 HHs to 10 HHs & 1 Medicine Hospital HHs + grade: 2 houses be CPC already 1 CPC relocated, received 11 HHs compensatio to be n compensa ted
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V. PHU YEN PROVINCE: Tuy An Regional 0 04 12 0 0 Crops and trees 0 0 Hospital (new site) HHs Tay Hoa District 7263 m2 8 HHs 12 0 0 0 0 0 Hospital Song Cau District 5694 m2 9 HHs 30 0 0 0 0 0 Hospital Song Cau DDPM 3500 m2 1HH ? 1 0 0 0 0 VI. KHANH HOA PROVINCE: no land acquisition and resettlement requirements for Cam Ranh Regional Hospital and Ninh Hoa District Department of Preventive Medicine as the civil works are within the hospitals’ campuses; while Van Ninh hospital required land acquisition and compensation. Van Ninh District 22,902.2m2 0 0 0 0 0 0 0 Hospital VII. NINH THUAN PROVINCE: Secondary 33000 m2 23 85 0 15 0 0 Medical School HHs (new site) VIII. BINH THUAN PROVINCE: no land acquisition and resettlement requirements for Southern Regional Hospital and Phan Thiet City Department of Preventive Medicine as the civil works are within the hospital’s campuse or public land. Northern regional 2784 m2 3HHs 6 0 0 Crops and trees 0 0 Hospital TOTAL 84,261.3m2 79 233 3 42
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2.2. Detailed Assessment on the Status of Land Acquisition and Resettlement in Project Provinces/Cities 2.2.1 Da Nang City Da Nang City proposed to construct a new general district hospital at Hoa Vang district and two new departments of adult and children rehabilitation treatment of the sanatorium and rehabilitation hospital. No resettlement or land acquisition will be required for these construction works.
- The Hoa Vang District Hospital will be located at Hoa Nhon commune, Hoa Vang District, Da Nang city. According to the Resettlement Plan (May 2008), the construction of the new hospital will acquire an area of 47,818 m2 of land, of which 46,669 m2 is public land owned by Danang City People’s Committee and 1,149 m2 is agricultural land owned by two households. There was one house on the agricultural land, and 14 office structures (e.g., storage, warehouse) and one house owned by the Da Nang State Pharmaceutical Company on the public land. The house is being occupied by the family of a former security guard employee. However, according to the survey in October-November 2010, the land for constructing the Hoa Vang District Hospital was 24,839m2 and was already a “clean” lot of land being handed over to the Da Nang City Health Department according to the Decision No. 4947/QĐ-UBND dated 01 July 2009 by the Da Nang City People’s Committee. The land was already acquisitioned by related departments within the City, as assigned by the City’s People’s Committee. - The Da Nang City Rehabilitation Hospital located at My An Ward, Ngu Hanh Son District is about 5 km to the Southeast of the Centre of Da Nang City. The Project will build two more departments, for adult and children rehabilitation treatment for poor patients. Total landholding of the hospital is 8,070 m2. The construction of the two new departments will be on 1,300 m2 of vacant land owned by the hospital. No resettlement or land acquisition will be required for this construction work. 2.2.2 Land Acquisition and Resettlement in Quang Nam Province Quang Nam province proposes to upgrade three hospitals (one regional hospital in Dien Ban district and two district hospitals) and Dien Ban District Department of Preventive Medicine. According to data updated in the survey on October-November 2010, no land acquisition and resettlement requirements for all project facilities in the Province, including Bac Tra Mi District Hospital, Dong Giang District Hospital, Quang Nam
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Regional Hospital, and Dien Ban District Department of Preventive Medicine as the civil works are within the hospitals/department’s campuses or on public land (clean land).
- The Quang Nam Regional Hospital is located in Vinh Dien town, Dien Ban District. The total land area of the hospital is 23,045 m2, of which the constructed area is 5,047 m2. There are 20 existing structures built in the hospital campus, of which 11 structures were built after 1984. The buildings were dilapidated and there was a need to replace the old structures with new ones. The Quang Nam Regional Hospital plans to construct a new building with 4 floors for the General Department of Para clinical- Pharmaceuticals to replace the existing structure built on the area of 1,000 m2 of land. The construction of the new building did not require any land acquisition because the land and structure were already owned by the hospital and there were no resettlement effects. - The Bac Tra My District Hospital is located in Tra My town, Bac Tra My district. The total land area of the hospital is 8,859 m2, of which the existing structures occupy 1,595 m2. There were about 9 existing structures that are almost degraded and needed to be replaced. The Bac Tra My District Hospital planed to replace all of the medical examination and treatment departments. The construction works would be on a land area of 3,900 m2 and did not require any land acquisition because land and structures were owned by the hospital. There were no resettlement effects. - The Dong Giang District Hospital is located in Prao town, Dong Giang district. The total land area of the hospital is 10,200 m2, of which the existing structures occupy 3,250 m2. There are about 12 existing structures built in the hospital campus on a land area of about 2,200 m2 and almost all are run down and need to be replaced with new buildings. The Dong Giang District Hospital planed to replace all of the medical examination and treatment departments. The new construction works are on a land area of 3,250 m2 and did not require any land acquisition or caused any resettlement effects. - Dien Ban District Department of Preventive Medicine is located at the Vien Dien Town, Dien Ban District, Quang Nam Province. The total area for the Department is 767m2 and the land was public land, being handed over by the Quang Nam Provincial People’s Committee according to Official Dispatch No. 653/UBND-VP Dated 26/6/2009 and there are no land acquisition nor resettlement requirements.
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2.2.3. Land Acquisition and Resettlement in Quang Ngai Province
The Quang Ngai Health Care Subproject planed to upgrade four district hospitals and build one District Department of Preventive Medicine. There were no needs for land acquisition and resettlement for Tra Bong District Hospital, Ba To District Hospital, Tay Tra District Hospital and Mo Duc District Department of Preventive Medicine. Only Son Tay District Hospital required land acquisition, but no resettlement.
- The Son Tay District Hospital is located in Son Dung Commune. Son Tay Town plans to upgrade the center as a district hospital in 2009. The hospital needed an additional of 8118.1 m2 additional land for the proposed upgrading. The results of the inventory of losses as showed in the Project Resettlement Plan (May 2008) indicated that there were a total of nine households would be affected, and 4 of these households would severely affected. Impacts are as follows: Four households whose residential land with houses would be totally acquired, hence, required them to be relocated to other plots of land; One household losing residential land (no house built on land) was partially affected and the remaining land was still found to be viable; and four households losing productive land lost less than 9% of their total landholding per household. However, the current data provided by the Quang Ngai PPMU showed that in total there were 18 affected households of 19 people, 16 people losing >=10% of productive assets, crops and trees were affected, but there was no household needed to be relocated. All land acquisition activities already completed according to the approved plan. A total budget for compensation and support activities was 1,681,111,000 VND, including compensation for the land acquisitioned, for construction works, for crops and trees and also supportive money. The compensation and supports to affected households were approved by Decision No. 1549/ QĐ-UBND of the Quang Ngai People’s Committee on 20 October 2010. - The Tra Bong District Hospital was planned to be constructed on an area of 10,274m2 of land. The 5,240 m2 was allocated by Quang Ngai People’s Committee in 2001 for the medical center of Tra Bong district and another 5,030 m2 was acquired in 2005 for the expansion of the medical center. The expansion resulted in the acquisition of land from five households. The new construction works would be
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within the 10,274 m2 land and did not required any land acquisition or caused any resettlement effects. - The Ba To District Hospital to be constructed on a land area of 19,458 m2 of the district medical center, of which 14,458 m2 was allocated by Quang Ngai PPC in 2001 and 5,000 m2 was allocated in 2003. The land was owned by the PPC and 25 affected households who had graves and trees (timber and fruit trees) on the land were compensated in 2004. The medical center was to be upgraded to a district hospital and did not require any land compensation or caused any resettlement effects. - The Tay Tra District Hospital is constructed on a land area of 13,802 m2 of the district medical center, of which 9,192 m2 was allocated by Quang Ngai PPC in April 2006. Compensation was fully paid to two households in April 2005. The hospital construction works of Tay Tra district hospital did not require any additional land acquisition or caused any resettlement effects. - Mo Duc District Department of Preventive Medicine will be constructed on the land area of 2200 m2 at Duc Thach Commune, Mo Duc District, Quang Ngai. The Quang Ngai Province People’s Committee already issued Decision No. 47/QĐ- UBND on 15 March 2010 to allocated the amount of land for developing the Department using the part of land owned by Mo Duc District Hospital. Thus, the construction works did not require any additional land acquisition or caused any resettlement effects. 2.2.4. Land Acquisition and Resettlement in Binh Dinh Province
The Binh Dinh Health Care Subproject plans to upgrade 3 hospitals, i.e., one provincial hospital, one traditional medicine hospital and one district hospital. According to PPMU of Binh Dinh Province (October 2010), no land acquisition and resettlement were required for Binh Dinh Provincial Hospital and Phu My District Hospital as the civil works are within the hospitals’ campuses. - The Binh Dinh Provincial Hospital has a total land area of 58,000 m2. The hospital was planed to improve and construct a new building with 6 floors for the General Department of Medical Examination and one pharmaceuticals department. The construction of the new building did not require any land acquisition since the land was owned by the hospital and there was no resettlement effects. - The Phu My District Hospital has a total land area of 27,360 m2 and was planed to construct three new buildings for a 2-storey building (375 m2) for endocrinology
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department, a 2-storey building (219 m2) for pharmaceuticals department, and a one- storey building (388 m2) for recuperation and emergency department. The construction of these buildings is on existing land of the hospital and therefore, there was no requirements on land acquisition and resettlement. - The Traditional Medicine Hospital was planed to be located on new land located in Nhon Phu Ward, Quy Nhon city. In 2006, the Binh Dinh Provincial People’s Committee agreed to develop the traditional medicine hospital. May 2007, the Center for Land Resource Development of Binh Dinh developed land acquisition and resettlement plan to compensate for 13 affected households and 1 Commune People’s Committee. Total area of land acquired for the hospital is 19,455 m2, of which residential land is 200 m2 belonging to two households and 19,255 m2 is agricultural land (1,490 m2 used by 7 households, and 17,765 m2 owned by the ward). There are 13 affected HHs (1 Commune People’s Committee), 2 HHs lose their houses (houses of Ms. Tran Thi Chi and Ms. Dang Thi Tuyet) and will be relocated in the resettlement site of the city, 10 HHs lose their agricultural land and one household lose 8.6m2 garden and 657 m2 of agricultural land. The compensation was already paid in full to 10 households who lost their agricultural land by the end 2008, and all they were satisfied with their compensation. The remaining two relocating APs will receive compensation when the lots are available in the resettlement site, which is their preferred compensation. The two households have already been allocated lots in the resettlement site, by PPC Decision No. 782 and 783/QD-UBND dated 7 March 2008. The size of the lot is 81 m2 (as the current plan for resettlement area is 81 m2 each lot) and each household will receive cash compensation for the remaining 19 m2 of residential land differential. According to the Project Resettlement Plan (May 2008), it was expected that the relocation of the two households will be completed no later than second Quarter of 2008. However, by November 2010, while all other households already received the compensation for their agricultural land, the two households who lost their houses still does not agree to be relocated as they still ask for 100m2 per each allocated lot, the same area as their current houses. In June 2010, the Provincial People’s Committee issued a Decision that requested the Quy Nhon City People’s Committee to look for 2 resettlement lots (100m2 each) in the area to compensate for the two households. One household losing 8,6m2 garden land and 657m2 agricultural land. The head of household preferred for resettlement land instead of monetary compensation. The Center for Land Resource Development of the Binh Dinh Province already issue official letter to the household to request this
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household receive monetary compensation according to current regulations. By the end of 2010, if the household still does not receive the compensation, then involuntary resettlement will be implemented. - In depth interview with Deputy Director of PPMU Binh Dinh showed that the land acquisition and resettlement activities have been implemented by the Provincial Center for Land Resource Development. Binh Dinh Department of Health proposed to the Provincial People’s Committee and the Center for the land required to build the Traditional Medicine Hospital. The land handed over to PPMU was in fact “clean land” and the PPMU did not involve in the land acquisition and resettlement process. - Observation showed that the two households with 200 m2 was in fact only a small proportion of this land belonged to the hospital area, while the remaining is outside of hospital, but the land acquisition is for all 200 m2 as it is planed that a road will be built outside of the hospital. The Hospital will be built using both ADB fund and the Provincial budget. The construction work using ADB fund (Resident Treatment Department) is located at the area that already acquisitioned (see Picture 1). The two households need to be relocated are in the area that belong to hospital, but no construction work will be undertaken there.
Picture 1. The site is already cleared and ready for construction works, Nhon Phu Ward, Quy Nhon city, November 2010 2.2.5. Land Acquisition and Resettlement in Phu Yen Province
The Phu Yen Health Care Subproject covers construction of a new Tuy An Regional Hospital and Song Cau District Department of Preventive Medicine, upgrading and expansion of Tay Hoa District Hospital, Song Cau District Hospital.
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- The Tuy An Regional Hospital: According to the Resettlement Plan (May 2008) Tuy An Regional Hospital was located about 2 km south of Chi Thanh Town, Tuy An District and required an area of about 40,000 m2. Based on the inventory of losses survey, 8 households will lose land, houses and crops, and trees. In addition, the Project will acquire 1 area of CPC-owned land (30,888 m2) which is being cultivated by 15 households. However, the current quantitative survey and in-depth interviews of related departments in Phu Yen show that the previously identified area for constructing the Hospital was close to the mountain and could not be used due to the soil characteristic. Therefore the plan changed, and the Hospital was built on its old location, with minor expansion. There were four households lost crops and trees. On 28th July 2009, the Tuy An District People’s Committee already approved the compensation plan for the crops and trees of four households with the total amount of 10,929,000 VND. The four households satisfied with the compensation and there were no complaints received. - The Song Cau District Hospital: According to the Resettlement Plan (May 2008), the Hospital is located at Long Hai Bac Street, Xuan Yen Ward, Song Cau Town. The hospital will construct a new building on 26,481.5 m2 of land, of which 20,519.5 m2 is already owned by the hospital. The remaining 5,692 m2 of land will be acquired for expansion. The inventory of losses shows that a total of 17 households will be affected by the acquisition of land, 14 of these households will be severely affected: Three households who have both residential and garden land will be totally affected. They have houses built on affected residential land and will therefore be required to relocate; Eight households who have residential land and houses will be totally affected and will be required to relocate; One household who have residential land only (no house built on land) will be totally affected; and five households who have paddy land will be partially affected, two of these households are considered severely affected since they will lose more than 10% of their productive land. However, the recent survey, qualitative study and field observation (November 2010) showed that the building of different departments are within the 20,519.5 m2 of land which is already owned by the hospital. Since there are two new roads being constructed on two sides of the hospital (one road called the New No1 A Road already constructed; while the other road is on the plan), the hospital wants to expand its area to approach these two road (no buildings will be built on the expansion areas). There are two phases for the expansion. In the first phase, the land acquisition already completed (see Drawing 1) and 09 affected households (with 30 affected
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people) already received compensation for their agricultural land, crops and trees with a total compensation of 532,598,000 VND in December 2009. The second phase, if activities will happen according to plan, a new road will be constructed on the other side of the Hospital and the Hospital also will be expanded to approach the road (see Drawing 1). There are 11 households located between the new road and the hospital, and therefore, if need to be relocated, then both the Song Cau District People’s Committee and the PPMU will be responsible for develop and implement the resettlement plan for these 11 households. This will possibly occur in 2011 or 2012 and will be implemented by the local authorities.
New 1A National Road Phase I: Land acquisition is completed
Construction works using ADB Fund
Phase II: Land acquisition will be implemented by local related departments
New Road is planed to be built Drawing 1: Master plan drawing for the Song Cau District Hospital - The Tay Hoa District Hospital is located at Hoa Binh 2 Commune, Tay Hoa District. The district plans to expand and build new hospital. At present, the hospital owns 16,500 m2 of land. Due to the proposed expansion, the hospital requires an additional 13,092 m2 of land. As stated in the Resettlement Plan (May 2008), the expansion would affect a total of 14 households who owned paddy land and 1 which was CPC-
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owned land (residential land). Of the 14 households, 13 households would be severely affected. There was also a class 4 house on CPC land and a community access road (750 m2) that will be affected permanently. The impacts on the community access road will not restrict access to the communities as they have identified a similar access road nearby. The above affects, however, were based on preliminary assessment in 2007 and was not the exact situation currently. Recent visit to the site and in-depth interviews with a representative of Tay Hoa District People’s Committee, vice-chairman of the Hoa Binh 2 Commune, directly affected households and in-directly affected households (November 2010) showed that there were 8 affected households (lost their agricultural land and crops and 1 old building of the Tay Hoa District Youth Union in total. On 1st of July 2010, the chairman of the Tay Hoa District People’s Committee issued Decision No. 1094/QĐ-UBND approving the compensation plan with a total budget of VND 910,038,000 and the land acquisition activities already completed (see Picture 2).
Some construction works are Former Tay Hoa District Hospital implementing using Governmental Bond
Newly acquisited site for Hospital’s expansion using ADB Fund
Picture 2. Land acquisition activities for Tay Hoa District Hospital have already completed, Hoa Binh 2 Commune, Tay Hoa District, Phu Yen, November 2010 All eight households and the Tay Hoa District Youth Union already received the compensation. The households not only received compensation for their agricultural
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land, crops and trees, but also received monetary support (additional four times as the compensations for their lands) for changing occupation and job creation. In addition, they received monetary support for 6 months to stabilize their lives, support for training. The Tay Hoa District Youth Union in addition to the compensation for the land and an old building, the organization also received support to reconnect electricity and internet. In-depth interviews with affected households showed that they are happy and satisfied with the levels of compensation and supports during the land acquisition stage as they see that the levels they received were in fact higher than the levels defined in the Decree of the Prime Minister. Some of them are just wondering how to use such a large amount of money efficiently and for a long term. As stated by a person who had 1554 m2 agricultural land being acquisitioned and already received compensation and supports: “well, I have nothing to complain about, generally speaking I myself and people here support this project because we see that the old hospital is too over crowded. Building new hospital is for the benefits of our people. However, I received hundreds of millions of Dong (VND) and need to work out how to use this money efficiently” (female, directly affected household, 42 years old, Phu Thu Village, Hoa Binh 2 Commune, Tay Hoa District, Phu Yen). According to the other 2 affected households and two in-directly affected households, they are happy with the development of the Hospital and the levels of compensation and supports. They just concern that the Hospital should be constructed on time as planed to benefit local residents and to reduce environmental impacts during the construction phase. People also concern about the treatment of solid waste and wastewater of the hospital. They expect that the new hospital will be built with adequate waste management system so their living environment will not be polluted. - Song Cau District Department of Preventive Medicine. The Project Resettlement Plan (May 2008) did not include information about this Department as it was newly added in September 2008. On 26th September 2009, the Phu Yen Province People’s Committee officially notified the construction of Song Cau Town Department of Preventive Medicine (the former name was Song Cau District Department of Preventive Medicine) at Le Uyen Village, Xuan Phuong Commune, Song Cau Town with a total area of 3248m2. However, according to the official notice on the 31st of March 2010 by the Phu Yen Provincial People’s Committee, the site for construction of Song Cau Town Department of Preventive Medicine was changed to Trung Trinh Village, Xuan Phuong Commune, Song Cau Town with a total area of 3500m2,
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located next to the Xuan Phuong Commune Health Center. The reason for this change was that the former site according to official notice No. 590/TB-UB dated 26/9/2008 by the Phu Yen Provincial People’s Committee is now belong to the Le Uyen New Town Project, the investor is the Thanh Vinh Mining Joint Stock Company as written in the Official Notice No. 769/TB-UBND by the Phu Yen Provincial People’s Committee. Currently, the detail plan for this site already submitted for approval (see Drawing 2). Preliminary analysis of the site showed that there are 1 temporary house, few graves, some crops and mango trees on this land. Detailed land acquisition and resettlement (if any) plan will be developed in 2011.
Drawing 2. The new detailed site plan for the Song Cau District Department of Preventive Medicine was submitted for approval, November 2010
Since the Song Cau District Department of Preventive Medicine sub-project was not included in the Project’s Resettlement Plan (2008), therefore in accordance with the agreed Resettlement Framework and ADB’s Involuntary Resettlement Policy (1995) resettlement plan for this site should be prepared, disclosed to the public and submitted for approval. This resettlement plan shall be updated after completion of
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detailed designs and detailed measurement survey. Any civil works of the Department shall be commenced only after the required land has been acquired and affected households have been relocated (if necessary) and compensated at full replacement costs. Resettlement activities (if any) shall be conducted in accordance with Vietnamese laws and ADB’s Involuntary Resettlement Policy. In case of discrepancies between the Vietnamese laws and ADB’s requirements on involuntary resettlement, ADB’s policy shall apply. The implementation of this resettlement plan will be monitored internally 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. Monitoring of this RP implementation should be implemented in order to ensure compensation and other entitlements are computed at rates and procedures as provided in the approved RP, with no discrimination according to gender, membership in an ethnic group or any other factor; affected households are paid their compensation and other entitlements as per approved updated resettlement plan, ensuring that all entitlements are delivered as planned and agreed, including compensation in cash or in kind, allowances, replacement land, resettlement sites developed (if needed) and people moved onto them; income restoration programs designed and delivered including modifications in the programs and provision of additional cash and in-kind assistance to the participating affected households as and when necessary; public information, public consultation and grievance redress procedures are followed as described in the approved updated RP; and affected public facilities and infrastructure (if any) are restored promptly. Phu Yen PMU staff, together with the resettlement committee will be responsible for internal monitoring. The Phu Yen PMU will submit the progress on RP updating and implementation to the PMU - MOH on a quarterly basis. The PMU will prepare a monitoring report and submit it to ADB.
2.2.6. Land Acquisition and Resettlement in Khanh Hoa Province
The Khanh Hoa Health Care Subproject includes upgrading of one district hospital in Van Ninh district, one regional hospital in Cam Ranh town, and Ninh Hoa District Department of Preventive Medicine. The survey in October 2010 showed that there were no land acquisition and resettlement requirements for Cam Ranh Hospital and Ninh Hoa District Department of Preventive Medicine as the civil works were within the hospital and department’s campuses, while the Van Ninh Hospital required compensation for the Van Luong Commune People’s Committee.
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- The Cam Ranh Regional Hospital has a total area of 19,800 m2 land and it is located at 97 Nguyen Thai Hoc Street, Cam Ranh Town. The planned replacement of old buildings are within the existing hospital premises and did not require any land acquisition or resettlement effects. - Ninh Hoa District Department of Preventive Medicine is located at 8 Village, Ninh Hoa District, Khanh Hoa City. It is built in the former site of the Department of Preventive Medicine and did not require any land acquisition or resettlement effects. - According to the Project Resettlement Plan (2008), The Van Ninh District Hospital had a total land area of 8,367 m2 and is located at Dinh Tien Hoang Street, Van Gia town. The hospital plans to construct new structures within the hospital premises, and therefore does not require any land acquisition or resettlement effects. However, according to the Decision No. 2140/QĐ-UBND dated 17 September 2009, the total sub-project area was 22,902.2m2 and the Van Ninh District People’s Committee approved the compensation plan with a total budget of VND 462,654,000 for the Van Luong Commune People’s Committee. The compensation and land acquisition activities were already completed. 2.2.7. Land Acquisition and Resettlement in Ninh Thuan Province
The Ninh Thuan Subproject originally supported the construction of one new district hospital in Thuan Bac District (but this was already completed using Governmental Bond), and one new Secondary Medical School in Phan Rang-Thap Cham city. All land acquisition and compensation activities have already completed according to the approved plan. - The Thuan Bac District Hospital is located at the new administrative centre of the district. The project requires an area of 16,442 m2, of which 14,837 m2 was agricultural land owned by three households (22 people affected). These three households own between 9,000 m2 to 19,000 m2 of land. The Project acquired between 18% to 72 % of their land, thus, they were considered severely affected. In addition, the Project acquired 1,605 m2 of unused land managed by Loi Hai Commune People's Committee. However, recently information showed that the Hospital was already completed using the Governmental Bond, and therefore, no longer belonged to this Project.
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- The Secondary Medical School is located at Van Hai Ward and a part of Khanh Hai town, Phan Rang-Thap Cham city. The project acquired an area of 33,813 m2. According to the Project Resettlement Plan (May 2008), the area was composed of 29,761 m2 agricultural land owned by 22 households, 238 m2 residential land of two households, and 3,814 m2 irrigation land. Totally, there are 23 affected households, with a total of 85 people being affected. The project acquires between 18% to 100% of agricultural land of 15 households, thus they are considered severely affected. Six households need to be relocated. The current updated information (November 2010), however, is different. There was totally 17 affected households. After closely examination of the land use in the area, the Commune People’s Committee confirmed that the temporary houses were built illegally. The lands were actually agricultural lands and all of these households received compensations for their agricultural lands as well as support to move to other areas. A total of VND 5,463,653,899 was spent on compensation for 24,640 m2 agricultural land acquisition, construction works, crops and trees as well as support for settlement, changing occupation and job creation as clearly defined in the Decision No 3769/ QĐ-UBND of Ninh Thuan Provincial People’s Committee on 21 September 2009. “All land acquisition and compensation activities have already completed and the affected people agreed with the levels of compensation. There was one complaint set by one affected household on the price applied in compensation. After detailed explanation, the complaint was settled and the household received the compensation” (Staff of Ninh Thuan PPMU, male, November 2010). According to a representative of the Ninh Thuan PPMU, the land acquisition activities for the project within the province were successfully completed. Local authorities and related departments were well coordinated in the land acquisition activities from planning, identifying the project sites, reconfirm, approve the compensation plan, and detail compensations for affected households. 100% of budget allocated for land acquisition and compensation already spent according to plan. One challenge during the implementation of land acquisition was that: “local residents had a very limited knowledge on related legal background of land acquisition and resettlement as well as levels of compensation and supports, so related staff needed to spend a lot of time on communicating related information to the community” (Staff of Ninh Thuan PPMU, male).
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2.2.8. Land Acquisition and Resettlement in Binh Thuan Province
The Binh Thuan Health Care Subproject supports civil works in the upgrading of Northern Regional Hospital, Southern Region Hospital and Phan Thiet City Department of Preventive Medicine. No land acquisition and resettlement requirements for the Southern Region Hospital and the Phan Thiet City Department of Preventive Medicine as the civil works are within the hospital’s campuse or public land. - The Northern Regional Hospital is located at Cho Lau Town, Bac Binh District in the campus of the former Bac Binh Health. At present, the hospital has an area 23,816 m2. It required an additional 2,784 m2 for the proposed expansion. This expansion severely affected three households who had residential land and houses in the area. There was also one district-owned TV station affected due to loss of land and structures. All the three households and the TV station were compensated and were satisfied with the compensation levels that they received. In addition, since the three affected households were houses of Vietnamese Heroic Mother, therefore, the District built three houses for the mothers. - The Southern Regional Hospital located at Duc Linh Commune, Duc Linh District currently owns a total land area of 28,216 m2. The expansion did not require additional land and there were no resettlement effects. - Phan Thiet City Department of Preventive Medicine is located at the Xuan An Ward, Phan Thiet City, with an area of 1000 m2. The land was “clean” and there was no need for land acquisition and resettlement. There was no compensation, the land was at public land approved by 873/QĐ/UBND 5/4/2006.
3. Entitlements, Consultations and Disclosure, Implementation Procedure 3.1. Entitlements All compensations were based on the principle of replacement cost. Compensation and provision of assistance were provided and income restoration programs were put in place prior to relocation of affected households from their houses/or land acquisition activities. In- dept interviews with affected households showed that generally they were satisfied with the levels of compensations. For example, the affect households in Phu Yen (due to the land acquisition for constructing Tay Hoa District Hospital) not only received compensation for their agricultural land, crops and trees, but also received monetary support (additional four times as the compensations for their lands) for changing occupation and job creation. In
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addition, they received monetary support for 6 months income restoration and support for job training. Although there were few concerns/complaints arose during the land acquisition and resettlement process, the PPMUs and related stakeholders of the Resettlement Boards have settled all these complaints. There are two complaints from the two households in Phu Yen who lost their houses and they still do not agree to be relocated as they want to ask for 100m2 per each allocated lot, the same area as their current houses. In June 2010, the Provincial People’s Committee issued the Decision that requested the Quy Nhon City People’s Committee to look for 2 resettlement lots (100m2 each) in the area to compensate for the two households, and this issue is expected to be solved in early 2011. Apart from this case, generally, local residents were very supportive to the Project as they saw the real benefits for the communities when the new hospitals will be in operation. The majority of directly affected and non-directly affected people being interviewed stated that their current concerns are how to speed up the construction of the hospitals so the community can benefit the Project as well as the apply of appropriate solid and liquid waste management system when the hospitals will be in operation in order to prevent environmental pollution in the surrounding areas. 3.2. Consultation and Disclosure The recent interviews with representative of PPMUs showed that the consultation and disclosure activities were well implemented at the project areas. At the early stages of project preparation, local authorities and leaders of different administrative levels in each of the Project towns/districts/communes were informed about the project proposal, its objectives, and proposed activities. They were consulted on development needs and land acquisition and/or resettlement issues, their perception toward project objectives, technical designs, and their tasks and roles in project planning and implementation. Affected persons have also been informed about the proposed Project on an individual household basis and using different communication channels including direct and indirect forms, such as: community meetings, households visits, official letters sent to each affected households, and officially notices displayed at the commune People’s Committees’ billboards (see picture 3 for an example of the project information being officially displayed on a billboard at the Nhon Phu Ward People’s Committee, Quy Nhon, Binh Dinh). The affected households were consulted about how the Project was going to directly affect them. They have been involved in developing the proposed resettlement and compensation packages and expressed their preferences for the type of compensation. Disclosure of the RP to the affected people was done prior to appraisal, using locally appropriate information booklets. In depth interviews with representatives of affected households showed that they
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were well informed of all related information on the land acquisition, resettlement and compensation activities due to the sub-projects.
Picture 3: A billboard at the Nhon Phu Ward People’s Committee – Binh Dinh for officially displaying related information on land issues, legislations and the Project 3.3. Managing Organization Structure and Implementation Arrangements The MOH has been the Executing Agency for the Project. The PPMUs have been the principal units for project implementation in each province, while the project management unit (PMU) under the MOH has been providing technical, coordination, and logistics supports. The MOH was responsible for approving the RP and ensuring that the RP was approved by each of the involved Provincial Peoples Committees. The PPMUs ensured coordination of provincial and/or district agencies involved in resettlement and review compensation rates and the resettlement budget. Resettlement committees at the provincial and district levels have been established to organize, plan and carry out daily detailed RP activities in the towns together with the PPMUs (see Figure 3 for the organizational structure model at local levels). In some sub-projects, the land acquisition activities already implemented by related departments of the provinces and the lands handed over to the PPMUs for constructing hospitals/DDPMs funded by ADB were in fact “clean land” and PPMUs did not have to involve in the land acquisitions and/or resettlements activities.
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3.3.1. Organizational structure model In order to carry out the land acquisition and resettlement activities, a managing organization structure has been set up in different levels. This model of organizational structure at project provinces/cities composed of the steering and implementation levels. The steering level included the steering committees of provinces, districts and communes. The implementation level included the Committee for compensation and land clearance and representatives of the supporters such as: the Health Department, the Resources and Environment Department, the Finance Department, and other provincial organizations.
Province People’s Committee
STEERING LEVEL Province People’s Committee
Com. People’s Committee
IMPLEMENTING LEVEL Land Local related The Project clearance and Departments, Management compensation Organizations Board Figure 3: Model of managing organization structure of land clearance and compensation In provinces/cities where land acquisition and/or resettlement activities were needed, the provincial steering committee was formed or activated, which composed of a province or district president or deputy president as the committee’s chief, a director of Health Department as deputy chief, and representatives of Departments as members (Figure 4: Model of structure of provincial compensation and resettlement steering committee). The commune steering committee composed of a commune president or deputy president (as chief), hospital’s director and representatives of several departments in the People’s Committee (members) (see Figure 5).
The establishment/activation of organizational structure to carry out land acquisition and resettlement activities in project provinces/cities were in accordance with recent regulations of the Vietnamese Government.
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Province President (or Vice President) as the Chief
Director of Health Department (Deputy Chief)
Representative Representative Representati Representati of the of Planning ve of Finance ve of Land Department of and Investment Department Department Natural Department (Member) (Member) Resources and (Member) environment (member) Figure 4: Model of structure of provincial compensation and resettlement steering committee
Commune President (or Vice President) as the chief
Hospital Commune Financial Natural director construction Office Resources (Member) management (Member) and Office environment (Member) (Member)
Figure 5. Model of organizational structure of commune compensation steering committee
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3.3.2. Responsibility and coordination of parts in the organizational structure The results of qualitative study showed that the steering committee for land acquisition and resettlement in project provinces/cities was the highest power body of the authority who directly gave guidance to compensation and resettlement activities.
The role of the steering committee was to speed up the implementation of actions, carried out every regulations relating to land acquisition and resettlement activities, and directly provided guidance to settlement of any complaints that arose during the implementation of land acquisition and resettlement activities.
In the Steering Committee, the director of Health Department was assigned as deputy chief and director of the Project in each province/city as well. Therefore, all directions and decisions were in conformity with activities lead by the Province. The steering committee and the project committee were linked through the relationship between management factors in an unified organization, ensuring the unity of the purposes of divisions and the cross coordination of related bodies. This showed the directive role of different authorities in effectively settling issues arose in compensation and resettlement. The land clearance and compensation committee included: a commune president, representatives of functional divisions like finance, natural resources and environment, construction and representative of the hospital that was to be constructed. The land clearance and compensation committee had a number of responsibilities: developed implementation plan of components of land clearance and compensation activities (including space definition plan, compensation, displace plan); established, allocated the implementation time to land clearance and compensation activities; carried out land clearance and compensation activities; developed financial plan, payment for compensation subjects; observed the implementation process; supported to subjects who had to be displaced; and announced information, compensation and resettlement policies. The Land Clearance and Compensation Committee’s responsibilities were to implement, settle the issues relating to compensation and resettlement activities.
Thus, the assessment results showed that the responsibility and coordination between divisions in the land acquisition and compensation management bodies were clearly defined. The managing organization structure was established fully and in accordance with recent regulations of Vietnam. The managing organization structure was set up in functions or activated, including two levels with responsibilities and coordinative relations clearly defined. The effective coordination between Project Management Board, the Steering Committee and the Land Clearance and Compensation Committee was showed in every activity of land acquisition and resettlement.
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3.3.3. Procedure to implement compensation and site clearance As described earlier, in order to implement compensation and site clearance, Project provinces/cities decided on setting Board of Compensation and site clearance to make plans of compensation and resettlement. The Board was responsible for reporting plans to get appraisal from Department of National resources and environment, Department of Planning. After getting their approvals, related agencies were informed and consulted, such as Department of Finance, Planning, National resources and environment, Health Service all to consider plans according to land law, Provincial decisions on land price, and other related regulations. Having results of appraisal, the Board made decision on approving plans of compensation and resettlement. Province made decision on seizing land and approved level of compensation right after results of approval as well as confirmation of involved residents in clearance and compensation area. Province assigned the Board to implement compensation and site clearance. The Department of Health played as investor, other involved departments acted as supervisors. Board of compensation and site clearance determined territory of households that were compensated or relocated. Members of the Board must be representatives from local authorities, and local people. The Board together with local authorities organized meetings with people to communicate the purposes of land seizure for constructing hospitals/departments of preventive medicines. The Board had responsibilities for communicating the social nature, usefulness of hospital construction to each households. After this, the Board and representatives from involved and affected households clarified ground, arable and other works in planned area. Communicating and measuring land, estimating crop and tree loss etc. Results of measuring land, estimating losses in site had to be confirmed by each household. Once completing the statistics of measuring, the Board made plans of compensation, emigration and estimated the compensation levels according to the current government regulations, and then submitted to Province for appraisal. After getting response of appraisal, the Board in corporation with local authorities, representatives of affected households communicated and published levels of compensation approved by Province. After completing file of compensation, Health Service Department in coordination with the Board, local authorities given compensation for all affected households in each sub-project areas.
Thus, it was showed that the compensation and site clearance implementation processes at project provinces/cities were conformity with current regulations, publicity and transparency. It was also clearly that local people (both directly affected and in-directly affected households) directly took part in compensation and site clearance processes.
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4. Advantages, disadvantages and challenges 4.1. Advantages According to representatives of PPMUs in eight project provinces/cities, the advantages of land acquisition and resettlement activities were: (1) only few sub-projects required the activities while most of the sub-projects were located on the former locations of hospitals or were allocated with “clean lands”, that all land acquisition and resettlement activities were already completed before the started of this Project by the Provinces/Cities; (2) For the sites required land acquisition and/or resettlement activities, the People’s Committee and related departments from provincial to communal levels were committed and fully supported the implementation of the activities according to the approved plans; (3) Generally, the sub- projects were to be built at the areas where the health care services did not meet the local demands, therefore, both local authorities and the communities were very welcome the Project and fully supported the development of the hospitals and departments of preventive medicines as long as they were assured that the hospital wastes will be properly managed; (4) The legal foundation for land acquisition and resettlement activities was adequate, and in some sub-projects, for example those in Phu Yen, affected households were very happy with the level of compensations they received that defined in the Provincial People’s Committee’s Decision. 4.2. Disadvantages/challenges However, there were some of the challenges that were faced during the implementation of land acquisition and resettlement activities, including: (1) the communities had limited knowledge on the Project and levels of compensations they would received according to current legislations. Thus communication activities had to be implemented through different channels, such as community meetings, household visits, official letters sent to each affected households, officially notice displayed at Communal People’s Committee offices etc. to ensure local residents fully understand about the benefits of the sub-projects as well the impacts on their families. (2) the weather in the South Central Coast Region was not favorable, especially in the rainy season, the land acquisition and the sites’ platform risen caused inundation to some surrounded households. (3) the administrative procedures of this Project took a long period of time. Some sites already completed land acquisition and resettlement activities and still waiting for the construction step. Local residents observed the acquisitioned sites not being used in a long time and some were not happy with this.
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CONCLUSIONS 1. From this assessment, it can be conclude that the Project to be implemented at eight provinces/cities in the South Central Coast Region did not face with major challenges in land acquisition and resettlement activities as many other projects usually do. 2. Out of 26 sub-projects, one sub-project already completed using the Governmental Bond and therefore no longer belong to this Project. Out of 25 sub-projects in eight provinces/cities, only eight sub-projects in five provinces/cities required land acquisition/resettlement activities. Of these eight sub-projects, seven sites already completed land acquisition and/or resettlements activities according to the approved plans, while the remaining two sub-projects are planed to be completed in early 2011. 3. Binh Dinh PMU will submit the progress on RP updating and implementation for the Traditional Medicine Hospital sub-project to the PMU - MOH on a quarterly basis. In addition, since the Song Cau District Department of Preventive Medicine sub-project in Phu Yen was not included in the Project’s Resettlement Plan (2008), therefore in accordance with the agreed Resettlement Framework and ADB’s Involuntary Resettlement Policy (1995) resettlement plan for this site should be prepared, disclosed to the public and submitted to ADB for approval. The Phu Yen PMU will submit the progress on RP updating and implementation to the PMU - MOH on a quarterly basis. The PMU will prepare a monitoring report and submit it to ADB. 4. Generally, the land acquisition and resettlement objectives have been met. The impacts of the land acquisition and resettlement activities on the socio-economic recovery of the affected people/households in each sub-project areas were quite minor. The activities were compliance with ADB’s social safeguards. Entitlements and compensation standards were clearly specified and adequate. 5. The establishment/activation of organizational structure to carry out land acquisition and resettlement activities in project provinces/cities were in accordance with recent regulations of the Vietnamese Government. 6. The legal basis for these activities were adequate and with the supports and commitment of related local stakeholders and authorities, the land acquisition and resettlement activities were well implemented according to plans. 7. The compensation and site clearance implementation processes at project provinces/cities were conformity with current regulations, publicity and transparency. It
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was also clearly in the process that local people (both directly affected and in-directly affected households) directly took part in compensation and site clearance. 8. The communication activities through different channels used at the communal level and communal authorizes played crucial role in the compensation, land acquisition and resettlement process to ensure directly affected and in-directly affected people understood the benefits of the sub-projects and supported the activities. Communal authorities were closest body to the local residents and they were efficiently dealing with concerns/complaints that may arise during the process of land acquisition and/or resettlement. 9. The responsibility and coordination between divisions in the land acquisition and compensation management bodies were clearly defined. The managing organization structure was established fully and in accordance with recent regulations of Vietnam. The managing organization structure was set up in functions or activated, with responsibilities and coordinative relations clearly defined. The effective coordination between Project Management Board, the Steering Committee and the Land Clearance and Compensation Committee was showed in every activity of land acquisition and resettlement. 10. Generally, communities in the sub-project areas highly supported the Project as they saw the real benefits for the communities. The current hospitals were very overloaded and degraded with lack of modern equipment that did not meet the demands for health care and treatment of the local people. Both local authorities and local residents were satisfied and supported the Project. Their only current concerns are how to speed up the construction activities as well as ensuring that the construction and operation of hospitals will not resulting in environmental contamination to the surrounding areas.
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RECOMMENDATIONS Based on the results of the assessment, the following recommendations were made: 1. For the sub-projects that did not required land acquisition and resettlement, together with six sub-projects where lands have been fully acquired and affected households were already appropriately compensated and relocated, the approval to award of civil works should be implemented as soon as possible to ensure the project implementation progress and meeting the expectation of local authorities and residents. 2. For the Traditional Medicine Hospital sub-project where there are two houses at the edge of the site that not yet be re-located, the Quy Nhon City People’s Committee should actively manage the two lots of 100 m2 land for resettlement of the two households according to the recent direct guidance of the Binh Dinh People’s Committee. This should be done as soon as possible as the rising site foundation has caused inundation to these houses, which has negatively affected the livelihood of two families. Binh Dinh PMU needs to submit the progress on RP updating and implementation for the Traditional Medicine Hospital sub-project to the PMU - MOH on a quarterly basis. Although there are still two more houses to be relocated, the locations of these houses are at the edge of the hospital where there will be no construction activities. The areas for construction works already fully acquired, and therefore the approval to award of civil works can be implemented as soon as possible. 3. The Song Cau District Department of Preventive Medicine sub-project already submitted detailed site plan for approval, and is expected to undertake land acquisition and resettlement in 2011. The PPMU and related stakeholders should speed up the process. In accordance with the agreed Resettlement Framework and ADB’s Involuntary Resettlement Policy (1995) resettlement plan for this site should be prepared, disclosed to the public and submitted for approval. The Phu Yen PMU will need to submit the progress on RP updating and implementation to the PMU - MOH on a quarterly basis. The PMU will prepare a monitoring report and submit it to ADB. Approval to award of any civil work contracts will not be given until the required lands have been fully acquired and affected households are appropriately compensated and relocated.
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ANNEXES
ANNEX 1. DECISIONS ON COMPENSATION AND LAND ACQUISITION ANNEX 2. DECISIONS ON ACQUIRED LAND ANNEX 3. SURVEY FORM FOR REPRESENTATIVE OF PROVINCIAL PROJECT MANAGEMENT UNIT ANNEX 4. SCHEDULE AND TOOLS FOR QUALITATIVE ASSESSMENT AT BINH DINH AND PHU YEN ANNEX 5. CONSULTANT'S WORKING SCHEDULE FOR 2 MONTHS CONTRACT: FROM 20/9/2010 TO 20/11/2010
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ANNEX 1. DECISIONS ON COMPENSATION AND LAND ACQUISITION
No. Provinces/Cities Name of sub- Decision of Date Status of land projects compensation, acquisition land acquisition
1 Quang Ngai Son Tay District Decision No. 20/10/ Done Hospital 1549/ QĐ- 2010 UBND
2 Binh Dinh Traditional Medicine Decision No. 14/4/2006 Almost done, 2 HHs to Hospital 979/ QĐ- be relocated in early UBND-VX 2011*
3 Phu Yen Tuy An Regional 1059/ QĐ- 28/7/2009 Done Hospital (new site) UBND
4 Tay Hoa District No. 1094/QĐ- 1/7/ 2010 Done Hospital UBND
5 Song Cau District 3136/ QĐ-CT 30/12/200 Done Hospital 9 6 Song Cau DDPM Not yet issued Implemented in 2011** 7 Khanh Hoa Van Ninh District Decision 17/9/ Done Hospital No. 2009 2140/QĐ- UBND 8 Ninh Thuan Secondary Medical 3776/ QĐ- 21/9/2009 Done School (new site) UBND 9 Binh Thuan The Northern 2712/ QĐ- 7/10/2008 Done Regional Hospital UBND
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ANNEX 2. DECISIONS ON ACQUIRED LAND
No. Provinces/Name of sub-projects Decision Date Land Total land Cities number acquired acquisition and m2 compensation area m2 1 DA Rehabilitation Hospital 1,300 m2 No compensation, NANG works are located on hospital’s campus 2 Hoa Vang District Hospital 4947/ QĐ- 01/7/2009 24,839m2 1,149 m2 (already UBND acquisited before) 3 QUANG Bac Tra My District Hospital* 3,900 m2 No land acquisition 4 NAM Quang Nam Regional Hospital* 1,000 m2 and resettlement 5 Dong Giang District Hospital* 3,250 m2 requirements, no 6 Dien Ban District Department of Official 26/6/2009 767 m2 compensation area. Preventive Medicine Dispatch No. Works are located on 653/UBND- hospital’s campus or VP on public land 7 QUANG Tra Bong District Hospital** 10,274 m2 No compensation, 8 NGAI Ba To District Hospital** 19,458 m2 construction works 9 Tay Tra District Hospital Decision No. 10/8/2005 13,802 m2 are located on 2219/QĐ- hospital’s campus UBND 10 Son Tay District Hospital Decision No. 23/11/2006 8,118.1 m2 8,118.1 m2 2773/ QĐ- UBND 11 Mo Duc District DPM Decision No. 15/3/2010 2,210m2 No compensation, 47/QĐ- construction works UBND are located on hospital’s campus 12 BINH Binh Dinh Provincial Hospital * No compensation, 13 DINH Phu My District Hospital Decision No. 9/1/2009 construction works 70/QĐ- 982 m2 are located on CTUBND hospital’s campus 14 Traditional Medicine Hospital 2040/UBND- 16/8/2005 16,894 m2 16,894 m2, NĐ implemented by Provincial Center for Land Resource Development 15 PHU YEN Tuy An Regional Hospital Decision No. 5/1/2010 20,585 m2 No compensation, 12/ QĐ- construction works UBND are located on hospital’s campus 16 Tay Hoa District Hospital 817/ QĐ- 24/6/2010 7,263 7,263 m2 UBND m2 17 Song Cau District Hospital 489/TB- 18/8/2010 26,481. 5,694 m2
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UBND 5 m2 18 Song Cau DDPM Phu Yen 31/3/2010 3,500 m2 3,500 m2 PPC’s official notice 163/TB- UBND 19 KHANH Cam Ranh Regional Hospital Decision No. 8/10/2008 18,410 m2 No compensation, HOA 2466/QĐ- construction works UBND are located on hospital’s campus 20 Ninh Hoa District Department of Decision No. 28/10/2009 2640 m2 No compensation, Preventive Medicine 2708/QĐ- construction works UBND are located on former Department’s campus 21 Van Ninh Hospital 2140/ QĐ- 17/9/2009 22,902.2m2 22,902.2m2 UBND 2 2 22 NINH Secondary Medical School 4163/ QĐ- 8/7/2008 33,813 m 24,640 m THUAN UBND 23 BINH Southern Regional Hospital 28,216 m2 No compensation 24 THUAN Phan Thiet City Department of 4104/UBND- 17/8/2009 1000 m2 No compensation, Preventive Medicine ĐTQH the land is at public land approved by 873/QĐ/UBND 5/4/2006 25 Northern Regional Hospital 2712/ QĐ- 7/10/2008 2,320 m2 2,320m2 UBND
Note: * = currently, the decisions to approve these sub-projects have not been issued.
** = did not develop project proposal for approval from Provincial People Committee, just developed the design mission of the construction works.
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MINISTRY OF HEALTH CENTRAL PROJECT MANAGEMENT UNIT ASIAN DEVELOPMENT BANK
HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT
LAND ACQUISITION AND RESETTLEMEMT ASSESSMENT
ANNEX 3. SURVEY FORM FOR REPRESENTATIVE OF PROVINCIAL PROJECT MANAGEMENT UNIT
Dear Sir/Madam!
In order to monitor and assess the land acquisition and resettlement activities of the sub-projects in eight project provinces/cities (including Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ninh Thuan) to provide updated information on these issues to the ADB and MOH, we would like to send you this survey form. This survey form is sent to all PPMUs in eight project provinces/cities. Each PPMUs should assigns one representative to complete this survey form. Staff from Central PMU will visit each PPMUs in October 2010 and will discuss with you on any aspects of this form if you wish. Please submit the completed form to staff of Central PMU or email to the addresses: [email protected] and [email protected] by 20 October 2010. The information on the status of land acquisition and resettlement activities at your province/city will be analyzed and reported by an external consultant and will be submitted to MOH and ADB. If you have any questions, please contact Ms. Tran Thi Tuyet Hanh on her mobile 0912955078; Email: [email protected] or Ms. Pham Tuyet Nhung (Project Coordinator) on office phone 04-37366037; Email: [email protected].
Thank you very much for your support
Please send the completed form to: Central Project Management Unit – The Health Care in the South Central Coast Region Project, Level 5, A Building, Ministry of Health, 138 A Giang Vo, Ba Dinh, Hanoi; or email: [email protected] and [email protected] Health Care in the South Central Coast Region Project Page - 50 - Or please submit the completed form directly to staff of Central PMU on their field trip to all eight project provinces/cities in October 2010
Land Acquisition and Resettlement Assessment Report November 2010
I. GENERAL INFORMATION
Full name: ……………………………………… Date completed this form: ……./……./2010 Work position: …………………………… PPMU of : ………………………Province/City Office Phone:………………… Mobile:……………………… Email address (if available). …………… Office address: ……………………………………………………………………………………………………
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 1. Please update the information on the table below on the area and funding used for land acquisition activities of the Health Care for South Central Coast Region Project (until 30/9/2010, including those for constructing department of preventive medicine) Sites Residential Compensation Agricultural Compensation Compensation Compensation Assistant Total direct land (m2) for residential land (m2) for agricultural for works/ for crops and amount compensation land (VND) land (VND) buildings trees (VND) (VND) (VND)
TOTAL
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2. Please update the information on the table below on the STATUS OF land acquisition activities of the Health Care for South Central Coast Region Project (until 30/9/2010, including those for constructing department of preventive medicine): Site Total land Number of Number of Number of Number of Other Resettlement plan Number of houses required affected affected HHs to be houses lost impacts From…/…… being resettled acquisition households population relocated >= 10% assets to …/….. as planed
TOTAL
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III. ASSESSMENT ON LAND ACQUISITION AND RESETTLEMENT ACTIVITIES OF THE PROJECT IN THE PROVINCE/CITY 1. Could you please provide the legal foundation for land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city (legal documents on the land use, revoke, compensation and resettlement…)
………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………………..
2. The status and your comments on land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city?
2.1. The status and your comments related to preparation phase of land acquisition and resettlement Stt. Activities/issues The status and your comments
1 Compensation and legal foundation
2 Defining area, object subjected to compensation and transmigration 3 Resettled land planning
4 Formulating the compensation committee (members of the committee?) 5 Compensation and transmigration planning
6 Expenditure preparation
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7 Formulating and issuing the official documents and decision on resettlement 8 Formulating the process receiving and settling the claims. 9 Propaganda: Implementing hearing the opinion of the inhabitants before compensation and resettlement 10 Others (please defined)……………………….. ………………………………………………………
2.2. The status and your comment on the transmigration?(Formulating and select transmigration plan, Implementation of transmigration ) ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. 2.3. The status and your comment on the resettlement? ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. 3. Could you please comment on the coordination activities of related stakeholders during the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city ? ………………………………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………………..
4. Was there any complaints made related to the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? If yes, how many complaints? On what issues? How many complaints were successfully settled? ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. 5. Could you please tell us the total budget used for land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? How much was already spent? Expenditure: ………………………… (VND) Already spent (by 30/9/2010): …………………………………(VND), achieved………… %
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Was this being spent according to plan? ……………………………………………………………………………………………….… Your comments?: ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. 6. Could you please tell us the difficulties/challenges related to land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. 7. Could you please tell us the advantages related to land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. 8. Do you have any recommendations for Central Project Management Unit, ADB, related departments at province/city … to effectively implement the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city according to plan? ………………………………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………………..
THANK YOU VERY MUCH FOR YOUR CONTRIBUTION!
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ANNEX 4. SCHEDULE AND TOOLS FOR QUALITATIVE ASSESSMENT AT BINH DINH AND PHU YEN Annex 4.1. Assessment Proposal
I. OBJECTIVES 1. To qualitatively assess the current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project 2. To have an in-depth understanding on the current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project to report to the MOH and ADB 3. To explore the advantages, disadvantages and challenges of land acquisition and resettlement activities for the Health Care in the SCCR Project and to provide timely recommendation to overcome.
II. SITES 2 Project provinces: Binh Dinh and Phu Yen (Quantitative assessment was already implemented at eight project provinces/cities)
III. TIME 3 days: from 16/11/2010 to 18/11/2010.
IV. ASSESSMENT OBJECTS 4. PPMUs at Binh Dinh and Phu Yen 5. Representative of district and commune People’s Committee where the sub- projects are located. 6. Representatives of 5-7 households, including 2-3 HHs needed resettlement, 3 HHs lost >=10% assets, 1-2 indirectly affected HHs. (selected at least 1 HH who had complaint, if there are any) 7. Undertake site observation to assess the status of land acquisition and resettlement.
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DETAILED WORKING SCHEDULE FOR IN-DEPTH INTERVIEWS 1. In-depth interviews Time Activities Interviewer Interviewee DAY 1: 16/11/2010 BINH DINH PROVINCE 13h Interview 1 representative of Ms. Tran Thi Tuyet 1 representative of 30-14h PPMU Hanh, MPH, BSc. PPMU 14h Interview 1 representative of Ms. Tran Thi Tuyet 1 representative of 30-15h District People’s Committee Hanh, MPH, BSc. District People’s Committee 15h Interview 1 representative of Ms. Tran Thi Tuyet 1 representative of 30-16h Commune People’s Committee Hanh, MPH, BSc. Commune People’s Committee 16h Ms. Tran Thi Tuyet Representatives of five Interview Representatives of five -18h Hanh, MPH, BSc. to seven households to seven households: 3 HHs needed resettlement, 1-2 HHs lost >=10% assets, 1-2 indirectly affected HHs. (selected at least 1 HH who had complaint) DAY 2: 17/11/2010. PHU YEN PROVINCE 8h- Interview 1 representative of Ms. Tran Thi Tuyet 1 representative of 9h PPMU Hanh, MPH, BSc. PPMU 9h3 Interview 1 representative of Ms. Tran Thi Tuyet 1 representative of 0-10h District People’s Committee Hanh, MPH, BSc. District People’s Committee 10h Interview 1 representative of Ms. Tran Thi Tuyet 1 representative of 30-11h Commune People’s Committee Hanh, MPH, BSc. Commune People’s Committee 11h Ms. Tran Thi Tuyet Representatives of five Interview Representatives of five -15h30 Hanh, MPH, BSc. to seven households to seven households: 2 HHs needed resettlement, 3 HHs lost >=10% assets, 1-2 indirectly affected HHs. (selected at least 1 HH who had complaint)
2. Site observation In addition to in-depth interviews with related stakeholders at each provinces, the consultant will undertake site observation to assess the status of land acquisition and resettlement.
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Annex 4.2. IN-DEPTH INTERVIEW GUIDELINE: REPRESENTATIVE OF PPMU
Province: Binh Dinh Phu Yen Objectives: 1. To have an in-depth understanding on the current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project to report to the MOH and ADB 2. To explore the advantages, disadvantages and challenges of land acquisition and resettlement activities for the Health Care in the SCCR Project and to provide timely recommendation to overcome.
Code: …………….. File name Interviewee: ……………………………………………. PPMU: ……………………………………………. Work position: ……………………………………………… Office Phone……………………………… Mobile ………………………… Email (if available): ……………………………………………. Date: ………/……./2010 Place: ……………………………………………. Time started: ……… Time ended the interview: ……… Interviewer: ………………………………
Required jobs before implementing deep-interviews
1. Interviewer introduces some information about himself/herself: name, job, interests etc. 2. Explain objectives and nature of the interview, reasons that interviewee is selected for interview, and importance of his/her participation 3. Inform interviewee about confidentiality of information and identification in announcing results. 4. Tell interviewee that there are no right or wrong answers and encourage interviewee to share his/her opinions and experiences. 5. Tell interviewee that he/she can ask again if not clear about questions, can refuse to answer, or can expose any comment or opinion if he/she think it is not appropriate. 6. Ask interviewee’s permission for recording the interview and explain reasons.
Suggested introduction: Dear Sir/Madam, In order to monitor and assess the land acquisition and resettlement activities of the sub- projects in eight project provinces/cities (including Da Nang, Quang Nam, Quang Ngai,
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Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ninh Thuan) to provide updated information on these issues to the ADB and MOH, we already implemented quantitative survey at the eight provinces/cities. Based on the results of quantitative assessment, we conduct qualitative assessment at some project provinces/cities to have an in-depth understanding on the current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project to report to the MOH and ADB; and to explore the advantages, disadvantages and challenges of land acquisition and resettlement activities for the Health Care in the SCCR Project and to provide timely recommendation to overcome. Thank you very much for agreeing to take part in the interview. During the interview, I would like to study your individual opinions on land acquisition and resettlement activities for the sub-projects at your province/city Your participation in this interview is very significant for us and information will be analyzed and reported by an external consultant and will be submitted to MOH and ADB. The interview would last for about 30 minutes. Your participation is totally voluntary. During the interview, you could decide to stop the interview at any time. Documents about your participation would be ensured strictly secret. Your individual identification would not be disclosed to any one but people who implement the survey. Very hopefully, you would share your opinions!
ASSESSMENT AND COMMENTS ON THE LAND ACQUISITION AND RESETTLEMENT ACTIVITIES OF THE SUB-PROJECTS IN THE PROVINCE/CITY
1. Could you please tell us are there any changes to the previously selected sites for sub- projects of the Health Care in the SCCR Project at your province? If yes, please provide details on these changes and the reasons why? 2. Could you please let me know when the Resettlement Plan for the Health Care in the SCCR Project in your province was developed? By whom? Are the activities being implemented according to plan? 3. Legal foundation: Could you please provide the legal foundation for land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city Governmental and provincial legal documents on the land use, Governmental and provincial legal documents land revoke, Governmental and provincial legal documents compensation and resettlement… Were the legal foundation sufficient to implement land acquisition and resettlement activities of sub-projects of the Health Care in the SCCR Project at your province? Were there any overlapings between governmental legal documents and provincial and district legal documents that caused difficulties for the implementation of land acquisition and resettlement activities of sub-projects of the Health Care in the SCCR Project at your province?
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4. The status of implementing land acquisition and resettlement activities in the province?
4.1. Please tell me the status of implementation, related stakeholders, advantages and disadvantages, and your comments on the PREPARATION phase of land acquisition and resettlement? Compensation document Defining area, object subjected to compensation and transmigration Resettled land planning (from what source). Formulating the compensation working group, (what are the members)? Compensation and transmigration planning Expenditure preparation Formulating and issuing the official documents and decision on resettlement Formulating the process receiving and settling the claims. Propaganda, implementing hearing the opinion of the inhabitants before compensation and resettlement Others issues related to the preparation phase of land acquisition and resettlement?
4.2. Please tell me the status of implementation, related stakeholders, advantages and disadvantages, and your comments on the TRANSMIGRATION phase of land acquisition and resettlement? Formulating and select transmigration plan Implementation of transmigration Others issues related to the transmigration phase of land acquisition and resettlement?
4.3. Please tell me the status of implementation, related stakeholders, advantages and disadvantages, and your comments on the RESETTLEMENT phase of land acquisition and resettlement? Arranging the execution of resettlement works, including houses and the public service works Arranging guidance and providing information to the inhabitants Preparing the intermediate resettlement during the execution period Others issues related to the resettlement phase of land acquisition and resettlement?
5. Could you please comment on the coordination activities of related stakeholders during the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? The advantages and disadvantages?
6. Was there any complaints made related to the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city?
If yes, how many complaints? On what issues?
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How many complaints were successfully settled? Who involved in dealing with complaints? Advantages and disadvantages of dealing with complaints related to land acquisition and resettlement for sub-projects in your province?
7. Could you please tell us the total budget used for land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? How much was already spent? Expenditure: ………………………… (VND) Already spent (by 30/9/2010): ………………(VND), achieved………… % Was this being spent according to plan? Your comments? Advantages and disadvantages?
8. Could you please tell us the difficulties/challenges related to land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? 9. Could you please tell us the advantages related to land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? 10. Do you have any recommendations for the following to effectively implement the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city according to plan? Central Project Management Unit, ADB, Related departments at province/city Local authorities Local residents
THANK YOU FOR YOUR TIME AND CONTRIBUTION!
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Annex 4.3. IN-DEPTH INTERVIEW GUIDELINE: REPRESENTATIVE OF DISTRICT/COMMUNE PEOPLE’S COMMITTEE
Province: Binh Dinh Phu Yen Objectives: 1. To have an in-depth understanding on the coordination and current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project to report to the MOH and ADB 2. To explore the advantages, disadvantages and challenges of land acquisition and resettlement activities for the Health Care in the SCCR Project and to provide timely recommendation to overcome.
Code: …………….. File name Interviewee: ……………………………………………. District/commune People’s Committee: ……………………………………………. Work position: ……………………………………………… Office Phone……………………………… Mobile ………………………… Email (if available): ……………………………………………. Date: ………/……./2010 Place: ……………………………………………. Time started: ……… Time ended the interview: ……… Interviewer: ………………………………
Required jobs before implementing deep-interviews
1. Interviewer introduces some information about himself/herself: name, job, interests etc. 2. Explain objectives and nature of the interview, reasons that interviewee is selected for interview, and importance of his/her participation 3. Inform interviewee about confidentiality of information and identification in announcing results. 4. Tell interviewee that there are no right or wrong answers and encourage interviewee to share his/her opinions and experiences. 5. Tell interviewee that he/she can ask again if not clear about questions, can refuse to answer, or can expose any comment or opinion if he/she think it is not appropriate. 6. Ask interviewee’s permission for recording the interview and explain reasons.
Suggested introduction: Dear Sir/Madam,
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In order to monitor and assess the land acquisition and resettlement activities of the sub- projects in eight project provinces/cities (including Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ninh Thuan) to provide updated information on these issues to the ADB and MOH, we implement the survey at these eight provinces/cities and interview some chairman/vice chairman of district/commune people’s committee to have an in-depth understanding on the current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project to report to the MOH and ADB. Thank you very much for agreeing to take part in the interview. During the interview, I would like to study your individual opinions on land acquisition and resettlement activities for the sub-projects at your province/city, as well the coordination between different stakeholders in this process. Your participation in this interview is very significant for us and information will be analyzed and reported by an external consultant and will be submitted to MOH and ADB. The interview would last for about 30 minutes. Your participation is totally voluntary. During the interview, you could decide to stop the interview at any time. Documents about your participation would be ensured strictly secret. Your individual identification would not be disclosed to any one but people who implement the survey. Very hopefully, you would share your opinions!
ASSESSMENT AND COMMENTS ON THE LAND ACQUISITION AND RESETTLEMENT ACTIVITIES OF THE SUB-PROJECTS IN THE PROVINCE/CITY
1. Please tell me the responsibilities of district/commune People’s Committee on: Development of Resettlement Plan Land acquisition Resettlement Other related activities?
2. The coordination between DPC/CPC with PPMU?
2.1. Please describe the coordination between DPC/CPC with PPMU on the following: in the process of implementation compensation, transmigration during the implementation of propaganda plan during the assistance to inhabitants
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in the process of co-ordination in settling the claim, complains of the inhabitants (how many complaints? On what issues? How many complaints were successfully settled? Who involved in dealing with complaints? Advantages and disadvantages of dealing with complaints related to land acquisition and resettlement for sub-projects in your province?
2.2. Your comments on the advantages and disadvantages of coordination activities between your organization and PPMU on land acquisition and resettlement process?
3. Your comments on the implementation of land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city? Please tell me the status of implementation, related stakeholders, advantages and disadvantages, and your comments on the PREPARATION phase of land acquisition and resettlement? Please tell me the status of implementation, related stakeholders, advantages and disadvantages, and your comments on the TRANSMIGRATION phase of land acquisition and resettlement? tell me the status of implementation, related stakeholders, advantages and disadvantages, and your comments on the RESETTLEMENT phase of land acquisition and resettlement?
4. Please tell me your opinion on: The activities and responsibilities of PPMU in implementing the land acquisition and resettlement activities? Reactions of local residents (including directly affected households, indirectly affected households, other local residents) on the land acquisition and resettlement activities?
8. Could you please tell us the difficulties/challenges related to land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city?
9. Could you please tell us the advantages related to land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city?
10. Do you have any recommendations for the following to effectively implement the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city according to plan? Central Project Management Unit, ADB, PPMU Related departments at province/city Local residents
THANK YOU FOR YOUR TIME AND CONTRIBUTION!
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Annex 4.4. IN-DEPTH INTERVIEW GUIDELINE: REPRESENTATIVE OF DIRECTLY AFFECTED HOUSEHOLDS
Province: Binh Dinh Phu Yen Objectives: 1. To qualitatively assess the impacts of the land acquisition and resettlement activities for the Health Care in the SCCR Project on the livelihoods of affected households
Code: …………….. File name Name of interviewee: ……………………………………………. Name of head of household: ……………………………………………. House address …………………………………………………………………..
Date: ………/……./2010 Place: ……………………………………………. Time started: ……… Time ended the interview: ……… Interviewer: ………………………………
Required jobs before implementing deep-interviews
1. Interviewer introduces some information about himself/herself: name, job, interests etc. 2. Explain objectives and nature of the interview, reasons that interviewee is selected for interview, and importance of his/her participation 3. Inform interviewee about confidentiality of information and identification in announcing results. 4. Tell interviewee that there are no right or wrong answers and encourage interviewee to share his/her opinions and experiences. 5. Tell interviewee that he/she can ask again if not clear about questions, can refuse to answer, or can expose any comment or opinion if he/she think it is not appropriate. 6. Ask interviewee’s permission for recording the interview and explain reasons.
Suggested introduction: Dear Sir/Madam, In order to monitor and assess the land acquisition and resettlement activities of the sub- projects in eight project provinces/cities (including Da Nang, Quang Nam, Quang Ngai,
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Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ninh Thuan) to provide updated information on these issues to the ADB and MOH, we implement the survey at these eight provinces/cities and interview some local residents to have an in-depth understanding on the current situation of the land acquisition and resettlement activities for the Health Care in the SCCR Project to report to the MOH and ADB. Thank you very much for agreeing to take part in the interview. During the interview, I would like to study your individual opinions on land acquisition and resettlement activities for the sub-projects at your province/city, as well the coordination between different stakeholders in this process. Your participation in this interview is very significant for us and information will be analyzed and reported by an external consultant and will be submitted to MOH and ADB. The interview would last for about 30 minutes. Your participation is totally voluntary. During the interview, you could decide to stop the interview at any time. Documents about your participation would be ensured strictly secret. Your individual identification would not be disclosed to any one but people who implement the survey. Very hopefully, you would share your opinions!
ASSESSMENT AND COMMENTS ON THE LAND ACQUISITION AND RESETTLEMENT ACTIVITIES OF THE SUB-PROJECTS IN THE PROVINCE/CITY AND IMPACTS (IF ANY) ON THE LIVELIHOOD OF AFFECTED HOUSEHOLDS
1. Please tell me if your family is affected by the land acquisition and resettlement activities of the Health Care in the SCCR Project? 2. Please describe the business activities of your family; what activities bring largest amount of income to your family? Does the business activities of your family change? If yes, how does it change? 3. What is your family monthly income before and after land acquisition? Any changes? In what ways? 4. Your family living conditions: have your family’s accessibility to public services (such as clean water, electricity, transportation, health care services, schools etc.) changed after land acquisition? 5. What are the influences on security, environment, social status that your family have to face? 6. Your opinion on each of the following issues?
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Communication activities on information related to the Project, land acquisition, compensation levels, resettlement etc? Was you well awared of what was going on? Compensation, land acquisition and resettlemetn activities? Dealing with complaints on land acquisition, compesation, resettlement…? 7. In general, could you assess the level of impacts that the land acquisition and resettlement activities of the project on your family’s life? 8. Do you have any comments, recommendations to PPMU and local authorities in order to effectively implement the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city according to plan?
THANK YOU FOR YOUR TIME AND OPINIONS!
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Annex 4.5. IN-DEPTH INTERVIEW GUIDELINE: REPRESENTATIVE OF INDIRECTLY AFFECTED HOUSEHOLDS
Province: Binh Dinh Phu Yen Objectives: 1. To qualitatively assess the impacts of the land acquisition and resettlement activities for the Health Care in the SCCR Project on the livelihoods of local residents living in the sub-project areas.
Code: …………….. File name Name of interviewee: ……………………………………………. Name of head of household: ……………………………………………. House address …………………………………………………………………..
Date: ………/……./2010 Place: ……………………………………………. Time started: ……… Time ended the interview: ……… Interviewer: ………………………………
Required jobs before implementing deep-interviews 1. Interviewer introduces some information about himself/herself: name, job, interests etc. 2. Explain objectives and nature of the interview, reasons that interviewee is selected for interview, and importance of his/her participation 3. Inform interviewee about confidentiality of information and identification in announcing results. 4. Tell interviewee that there are no right or wrong answers and encourage interviewee to share his/her opinions and experiences. 5. Tell interviewee that he/she can ask again if not clear about questions, can refuse to answer, or can expose any comment or opinion if he/she think it is not appropriate. 6. Ask interviewee’s permission for recording the interview and explain reasons.
Suggested introduction: Dear Sir/Madam, In order to monitor and assess the land acquisition and resettlement activities of the sub- projects in eight project provinces/cities (including Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Binh Thuan, Ninh Thuan) to provide updated information on these issues to the ADB and MOH, we implement the survey at these eight provinces/cities and interview some local residents to have an in-depth understanding on the current situation of the land acquisition and resettlement activities
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for the Health Care in the SCCR Project to report to the MOH and ADB. Thank you very much for agreeing to take part in the interview. During the interview, I would like to study your individual opinions on land acquisition and resettlement activities for the sub-projects at your province/city, as well the coordination between different stakeholders in this process. Your participation in this interview is very significant for us and information will be analyzed and reported by an external consultant and will be submitted to MOH and ADB. The interview would last for about 30 minutes. Your participation is totally voluntary. During the interview, you could decide to stop the interview at any time. Documents about your participation would be ensured strictly secret. Your individual identification would not be disclosed to any one but people who implement the survey. Very hopefully, you would share your opinions!
ASSESSMENT AND COMMENTS ON THE LAND ACQUISITION AND RESETTLEMENT ACTIVITIES OF THE SUB-PROJECTS IN THE PROVINCE/CITY AND IMPACTS (IF ANY) ON THE LIVELIHOOD OF AFFECTED HOUSEHOLDS
1. Please tell me if your family is affected by the land acquisition and resettlement activities of the Health Care in the SCCR Project? 2. Please describe the business activities of your family; what activities bring largest amount of income to your family? Does the business activities of your family change? If yes, how does it change? 3. What is your family monthly income before and after land acquisition? Any changes? In what ways? 4. Your family living conditions: have your family’s accessibility to public services (such as clean water, electricity, transportation, health care services, schools etc.) changed after land acquisition? 5. What are the influences on security, environment, social status that your family have to face? 6. In general, could you assess the level of impacts that the land acquisition and resettlement activities of the project on your family’s life? 7. Do you have any comments, recommendations to PPMU and local authorities in order to effectively implement the land acquisition and resettlement activities for the Health Care in the SCCR Project in the province/city according to plan? THANK YOU FOR YOUR TIME AND OPINIONS!
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ANNEX 5. CONSULTANT'S WORKING SCHEDULE FOR 2 MONTHS CONTRACT: FROM 20/9/2010 TO 20/11/2010 Prepared by: National Individual Resettlement Consultant Ms. Tran Thi Tuyet Hanh, MPH, BSc. Status to date 1st 4 weeks period of the 2nd 4 weeks period of the Week (20/11/201 contract: from 20/9 to 19/10 contract: from 18/10 to 20/11 9th 0) 15/11 20/9 - 27/9- 4/10- 11/10- 18/10 - 25/10 - 1/11- 8/11- - Start and end dates 26/9 3/10 10/10 17/10 24/10 31/10 7/11 14/11 20/11 Week 1 2 3 4 5 6 7 8 9 Specific tasks to be undertaken 1 Review Project’s documents and Project's implementation at eight provinces/cities x x Done 2 Review the Legal framework related to land acquisition and resettlement activities within the framework of the Project x x Done 3 Review the Plan of land acquisition and resettlement activities of the Project x x Done 4 Review the "Handbook on Resettlement - A guide to Good Practice" by ADB x x Done 5 Design the assessment methods and tools x x Done 6 Prepare report format x x Done
Undertake quantitative survey on the status of land 2 weeks acquisition and resettlement at eight provinces/cities latter than 7 (with support from Central PMU) x x x the plan
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Write the first two parts of the assessment report: Part I. Overview and Part 2. Assessment 8 Methodology x x Done Analyze data from quantitative survey on the status of land acquisition and resettlement at eight 9 provinces/ cities (data provided by PPMUs) x x x Done Undertake qualitative study and field observation at selected project provinces/cities based on the results 10 of the quantitative survey x Done 11 Analyze data from the field study x Done Write the last 4 parts of the report, including: Part 3. Assessment Results; Part 4. Conclusion; Part 5. 12 Recommendations. Part 6. Annexes x x x Done 13 Send the 1st full draft report to Central PMU x Done Finalize English report and translate the report into To be 14 Vietnamese x undertaken Submit the report in both English and Vietnamese To be forms to Central Project Management Unit - MOH undertaken 15 x *
Note: since the quantitative survey on the status of land acquisition and resettlem ent at eight provinces/cities was delayed for two weeks. The consultant asks for consideration and approval from Central Project Management Unit for extension on the Vietnamese version of the report. The English report will be submitted on time (20/11), the Vietnamese version of the report will be submitted one week after (27/11).
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