UPDATED RESETTLEMENT PLAN - Asian Development Bank · GoL : Government of Lao PDR GRC : Grievance...

UPDATED RESETTLEMENT PLAN

Resettlement Plan Document Stage: Updated Loan No. 2936 Lao (SF) March 2016

GMS-Flood and Drought Risk Management and Mitigation Project Subproject: Irrigation Development in Vientiane Capital

Prepared by the Ministry of Agriculture and Forestry (MAF) of Lao People’s Democratic Re-public for Asian Development Bank

This initial environmental examination is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ....................................................................................................................... ix

A. PROJECT DESCRIPTION ................................................................................................................. 12

1.1. Project ................................................................................................................................... 12

1.2. Sub-project of Irrigation Development in Vientiane Capital ................................................. 12

B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ................................................................... 16

2.1. Measure taken to minimize negative impacts ...................................................................... 16

2.2. Summary of Impacts ............................................................................................................. 16

2.2.1. Impact on Land ............................................................................................................... 18

2.2.2. Impact on Trees .............................................................................................................. 18

2.2.3. Impact on other Structures of Households .................................................................... 19

2.2.4. Impact on Business, Income and Livelihood .................................................................. 19

2.2.5. Impact on Public Assets .................................................................................................. 19

C. SOCIO-ECONOMIC INFORMATION AND PROFILE ........................................................................ 20

3.1. Demographic characteristic .................................................................................................. 20

3.2. Occupation and Income ........................................................................................................ 22

3.3. Education ............................................................................................................................... 23

3.4. Basis Infrastructures .............................................................................................................. 23

D. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION .......................................... 25

4.1. Objectives of Consultation and Participation ........................................................................ 25

4.2. Information disclosure and Public consultation during RP Updating ................................... 25

4.3. Disclosure Requirements ...................................................................................................... 32

E. GRIEVANCE REDRESS MECHANISM .............................................................................................. 33

F. POLICY AND LEGAL FRAMEWORK FOR RESETTLEMENT ............................................................... 35

6.1. Relevant Laws and Regulations of Lao PDR .......................................................................... 35

6.2. ADB Policy on Involuntary Resettlement .............................................................................. 36

6.3. Reconciliation of Government and ADB Policies .................................................................. 38

6.4. Project Principles ................................................................................................................... 42

G. ENTITLEMENTS, ASSISTANCE AND BENEFITS ............................................................................... 44

7.1. Eligibility ................................................................................................................................ 44

7.2. Entitlements .......................................................................................................................... 44

7.3. Addressing Gender Issues ..................................................................................................... 47

7.4. Assistance for Vulnerable Groups ......................................................................................... 47

H. RELOCATION OF HOUSING AND SETTLEMENT ............................................................................ 48

I. INCOME RESTORATION AND REHABILITATION ............................................................................. 49

J. RESETTLEMENT BUDGET AND FINANCING PLAN .......................................................................... 50

K. INSTITUTIONAL ARRANGEMENTS ................................................................................................ 51

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11.1 Responsibilities of relevant agencies ................................................................................... 51

11.2. Capacity of Relevant Agencies on Implementation of Resettlement ................................. 53

L. IMPLEMENTATION SCHEDULE ...................................................................................................... 55

M. MONITORING AND REPORTING .................................................................................................. 57

13.1 Internal monitoring .............................................................................................................. 57

13.2 External monitoring .............................................................................................................. 57

APPENDICES ..................................................................................................................................... 60

Appendix 1. Sample of Completed DMS Form of an Affected Household ................................... 60

Appendix 2. Sample of Completed SES Form ............................................................................... 62

Appendix 3: Project Information Booklet .................................................................................... 65

Appendix 4: Photos of consultation meetings ............................................................................. 73

Appendix 5: Minutes of Consultation Meetings .......................................................................... 74

Appendix 6: List of Consulted Persons during RP Updating ......................................................... 78

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LIST OF TABLES

Table 1. Affected Households by the Subproject ............................................................................. 18 Table 2. Affected Land by the Subproject ........................................................................................ 18 Table 3.Affected Trees by the Subproject ........................................................................................ 18 Table 4. Gender distribution of APs by villages ................................................................................ 21 Table 5. Age distribution of heads of households by villages .......................................................... 21 Table 6. Age distribution of household members by villages .......................................................... 22 Table 7. Occupation of Heads of Affected Households.................................................................... 22 Table 8. Monthly Income of Affected Households by Villages ........................................................ 23 Table 9. Education Attainment of Household Members of Affected Households ........................... 23 Table 10. Basic Services Availed by Affected Households................................................................ 24 Table 11. Results of Public Consultations with Affected Households and Community ................... 27 Table 12. Differences between ADB and Lao’s Legislation, including Measures to Address the

Differences ....................................................................................................................................... 40 Table 13. Entitlement Matrix ........................................................................................................... 46 Table 14. The Calculated Costs for Compensation for the Subproject ............................................ 50 Table 15. Schedule of URP Implementation .................................................................................... 56

LIST OF FIGURES

Figure 1. General Layout of Sanhuabor Irrigation Scheme .............................................................. 13 Figure 2. General Layout of Dongkhuay Irrigation Scheme ............................................................. 14 Figure 3. General Layout of Nalong Irrigation Scheme .................................................................... 14 Figure 4. General Layout of Makhiao Irrigation Scheme................................................................. 15 Figure 5. Typical Cross-sections of Main Canal, Secondary and Tertiary Canal ............................... 15 Figure 6. General Layout of Sanhuabor Irrigation Scheme .............................................................. 66 Figure 7. General Layout of Dongkhuay Irrigation Scheme ............................................................. 67 Figure 8. General Layout of Nalong Irrigation Scheme .................................................................... 67 Figure 9. General Layout of Makhiao Irrigation Scheme ................................................................. 68

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ABBREVIATIONS

ADB : Asian Development Bank

AHs : Affected Households

APs : Affected Persons

DAFO : Department of Agriculture and Forestry Office

DMS : Detailed Measurement Survey

DOW : Department of Waterways

EA : Executing Agency

EMA : External Monitoring Agency

FGDs : Focus Group Discussions

GMS : Greater Mekong Sub-region

GoL : Government of Lao PDR

GRC : Grievance Redress Committee

HHs : Household Heads

IA : Implementing Agency

IOL : Inventory of Loss

kg : Kilogram

LAK : Lao Kip

KII : Key Informant Interview

LURC : Land Use Rights Certificate

MAF : Ministry of Agriculture and Forestry

NGO : Non-Government Organization

PIB : Project Information Booklet

RCS : Replacement Cost Survey

ROW : Right of Way

RP : Resettlement Plan

SES : Socioeconomic Survey

SPS : Safeguard Policy Statement

CURRENCY EQUIVALENTS

(As of 04 March, 2016)

Currency Unit: Lao Kip (LAK) and US Dollar ($)

$ 1.00 = 8,000

LAK 8,000 = $0.0001

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DEFINITION OF TERMS

Affected person (AP)

Means any person or persons, household, firm, private or public in-stitution that, on account of changes resulting from the project, will have its (i) standard of living adversely affected; (ii) right, title or in-terest in any house, 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 adverse-ly affected, with or without displacement. APs residing under one roof and operating as a single economic unit are collectively referred to as an affected household (AH).

Compensation Means payment in cash or in kind to replace losses of lands, hous-ing, income and other assets caused by a 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, regis-tration and titling costs.

Cut-off Date The completion date of the census of project-affected persons car-ried out by the Vientiane Capitaland District Resettlement Commit-tees of Hadxayfong, Xaythany and Park Ngum Districts. Anyone who occupies or encroaches into the defined boundaries of the Pro-ject area after this date is not entitled to compensation and other assistance for affected assets and incomes.

Detailed Measure-ment Survey (DMS)

With the use of approved detailed engineering drawings, this activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of APs done during updating of this re-settlement plan (URP). The final cost of resettlement is determined following completion of the DMS.

Eligibility Means any person or persons, household, firm, private or public in-stitution who has settled in the project area before the cut-off date, that (i) loss of shelter, (ii) loss of assets or ability to access such as-sets, permanently or temporary, or (iii) loss of income sources or mean of livelihood, regardless of relocation will be entitled to be compensation and/or assistance.

Entitlements Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, reloca-tion support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base.

Income Restoration Re-establishing productive livelihood of APs to enable income gen-eration equal to or, if possible, better than that earned by the affect-ed persons before being affected.

Income Restoration Program

A program with various interrelated activities that aims to support severely affected and vulnerable households in the difficult task of restoring their standards of living to at least pre-project levels through measures that involve enhancing productivity with the re-maining human and material assets of the AHs, and/or engaging in new or supplementary livelihood activities The program is designed to suit the specific needs of the participating AHs and is subject to

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opportunities and resources available to the AHs where they are located.

Involuntary Reset-tlement

Resettlement is involuntary when the APs have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invok-ing the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation.

Land Acquisition Refers to the process whereby an individual, household, firm or pri-vate 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 at re-placement costs.

Meaningful Consul-tation

A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to APs; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender in-clusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all rele-vant views of APs and other stakeholders into decision making, such as project design, mitigation measures, the sharing of devel-opment benefits and opportunities, and implementation issues.

Right of Way (ROW)

This is the area which will be cleared of all structures and obstruc-tions.

Relocation The physical shifting of AP from his/her pre-Project place of resi-dence and/or business.

Replacement Cost Means the amount in cash or in kind needed to replace an asset in its existing condition, without deduction of transaction costs or de-preciation and salvageable materials, at prevailing current market value at the time of compensation payment.

Replacement Cost Study

This refers to the process involved in determining replacement costs of affected assets based on empirical data.

Resettlement Refers to various measures provided to APs or AHs to mitigate any and all adverse social impacts of the project, including compensa-tion, assistance, relocation (where relevant), and rehabilitation as needed.

Resettlement Plan A time-bound action plan that includes objectives, principles, enti-tlements, specific activities, responsibilities of concerned agencies, groups and individuals, and budget for the purpose of addressing the displacement of people from assets, sources of incomes, homes, and communities towards reconstructing their disrupted lives and improving or restoring their standards of living to at least pre-displacement levels.

Severely Affected Person

This refers to AHs who (i) lose 10% or more of their productive, in-come generating assets, or (ii) who have to relocate (physically dis-placed).

Vulnerable Group Are distinct group of people who might suffer disproportionately or

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faced the risk of being further marginalized by the effects of reset-tlement and specifically include: (i) households headed by women, the elderly or disabled; (ii) households living below the poverty line; (iii) the landless; (iv) children without means of support; and (iv) in-digenous peoples and/or ethnic minorities.

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EXECUTIVE SUMMARY

Background: The Flood and Draught Risk Management and Mitigation Project will support the

Government of Lao People's Democratic Republic (Lao PDR) and Viet Nam to undertake structural

and non-structural measures to prepare for and manage disaster risks linked to floods and

droughts. Project interventions will (i) enhance regional data and knowledge for the management

of floods and droughts; (ii) upgrade or develop water management infrastructure; and (iii) prepare

communities to manage disasters such as flood and drought and adapt to climate change. Im-

proved drought management and irrigation water structures will benefit farmers on 1,542 ha of

agricultural lands, while around 61,500 people will benefit from improved flood management.

The intervention of upgrading water management structure in Lao PDR will include (i) the Vienti-

ane Flood Protection Embankment and (ii) the Irrigation Development Subproject in Vientiane Cap-

ital. These subprojects entail land acquisition.

This Updated Resettlement Plan (URP) is particular for the subproject of Irrigation Development in

Vientiane Capital. During the project preparation stage for the ADB Loan, a Resettlement Plan (RP)

for the subproject was prepared (June, 2012) based on the preliminary engineering design and the

results of inventory of loss (IOL). This RP of the subproject has been updated based on the ap-

proved detailed engineering design, results of detailed measurement survey (DMS) of loss, and

additional consultation with affected households, communities and relevant government's agen-

cies.

Scope of Land Acquisition and Resettlement: The subproject implementation will entail land ac-

quisition in four villages (Dongkhuay, Nalong, Sanghuabor and Makhiao) of three districts

(Hadxayfong, Xaythany and Park Ngum) of Vientiane Capital. There are 239 households (1,146

persons) affected by land acquisition under the subproject. Affected land is agricultural land

(431,580 m2) and all affected households are titled land users. There is no household who will lose

more than 10% of their production land holding. Subproject implementation will not impact on

residential land of households. For the temporary impact on land, a total of 6,046 m2 of public land

under management of village authorities as reserved/unused land will be temporarily required

during construction for construction materials storage and construction camps.

The implementation of subproject will impact on 1,747 trees including 45 fruit trees; 1,015 timber

trees and 687 other trees of 70 households (392 persons).

There will be three households (17 persons) who have the huts affected by the subproject. The huts

are used by the households for taking care of farm and keeping farming tools.

For public structures, the subproject will impact on 05 low-voltage electricity poles that managed

by Lao Electricity.

There is no vulnerable household among the affected households by the subproject.

Eligibility and Entitlements: Eligibility and entitlements for compensation under the subproject of

Irrigation Development in Vientiane Capital are defined by the relevant laws and regulations of the

Government of Lao PDR and the ADB Safeguard Policy Statement (SPS, 2009). Objectives of the

project’s policy are to avoid, if not minimize resettlement impacts, restore livelihoods and improve

living standards of poor and vulnerable households.

The cut-off-dates for eligibility for compensation for the subproject are the completion dates of the

census of affected person carried out by Vientiane Capital and District Resettlement Committees.

It is 24 October 2010; 29 October 2010; and 4 November 2010 for Dongkhouy Village; Xanghoubor

Village; and Nalong and Makhiao Villages, respectively.

An Entitlement Matrix and its applications are provided in the URP. It covers compensation to the

affected persons (APs) who will be acquired their agricultural land; for affected trees and the huts

as well as for removal of the electricity poles. Compensation for affected land and the huts will

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follow the principle of replacement cost. Affected trees will be compensated by market rate. Re-

moval costs for the electricity poles will be borne by the subproject following calculation of Vienti-

ane Electricity based on the technical standards and safety requirements of the Government. The

Entitlement Matrix has been consulted with and agreed on by the APs, concerned agencies and

local authorities.

Institutional Arrangement: The National Project Coordinating Office (NPCO) will be responsible for

management of URP implementation. Land acquisition and resettlement will be implemented by

Hadxayfong, Xaythany and Park Ngum District Resettlement Committees with supports of Vienti-

ane Capital Resettlement Committee and the Project Implementing Office (PIO). The NPCO, reset-

tlement committees and the PIO will be supported by qualified and experienced international and

national safeguard specialists (the Loan Implementation Consultant) to manage the resettlement

related issues.

Grievance Redress Mechanism: To ensure that all grievances and complaints by affected persons

and communities in regard to land acquisition, compensation or any other aspects of the subpro-

ject are resolved in a timely and satisfactory manner, and that all avenues for airing grievances

are available to them, a grievance redress mechanism has been established by the project. A

grievance redress committee has been set-up within the Hadxayfong District Resettlement Com-

mittee, Xaythany District Resettlement Committee, and Park Ngum District Resettlement Commit-

tee to solve the resettlement related grievances and complaints at the first stage, to facilitate to

the complainants in lodging their case to the next steps if the case is not solved by the committee,

and to follow up the grievance redress by two other levels. The grievance redress mechanism has

been discussed with the affected households and the communities and documented in the deliv-

ered Project Information Booklet to the affected households. Complainants will not be charged any

fee during the resolution of their grievances and or complaints including necessary adjudication in

a court of law.

Information disclosure and public consultation: The National Project Coordinating Office (NPCO)

coordinated with Vientiane Capital and district resettlement committees, Project Implementing

Office (PIO), district and village authorities and mass-organizations to organize series of consulta-

tions with AHs and communities in February 2014; October-November, 2015 and February, 2016.

Affected households (AHs) and communities were consulted on the design of the pumping stations

and the irrigation canal system that will be constructed in the local; the impacts on land acquisi-

tion by the schemes; the policy on compensation and assistance for the subproject's impacts; the

implementation schedule for land acquisition and resettlement; and the grievance redress mecha-

nism. The Project Information Booklet was delivered to the APs and posted in accessible public

places. Information dissemination and consultations will continue after this URP gets approved

and through-out the implementation of the URP.

Implementation schedule: The URP will be approved by Ministry of Agriculture and Forestry (MAF)

and Asian Development Bank (ADB) before the civil works contract for the pumping stations and

irrigation canal system are awarded. Civil works for the specific sections with land acquisition and

resettlement impacts will begin after (i) compensation has been provided in full to APs; and (ii) the

acquired land is free from all encumbrances and no pending complaints and grievances are left

unresolved, as validated by the EMA. The detailed activities and schedule for land acquisition and

resettlement are presented in this document. The URP implementation will start in May 2016.

Estimated cost: Overall budget for implementing of the URP for the subproject of Irrigation Devel-

opment in Vientiane Capital is LAK 3,316,990,600 - equivalent to $ 414,624. The amount ear-

marked for compensations and the contingency (10%). NPCO will ensure that adequate budget

will be transferred in a timely manner for the URP implementation.

Monitoring and reporting: In order to help ensure that the approved URP is implemented as

planned, monitoring of resettlement activities will be carried out, internally by Hadxayfong, Xay-

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thany and Park Ngum District Authorities, Department of Agriculture and Forestry of Vientiane

Capital (DAFO) and NPCO; and externally by an External Monitoring Agency (EMA). The objectives,

scope, frequency of monitoring and reporting mechanism are presented in the URP.

PROJECT DESCRIPTION 12

A. PROJECT DESCRIPTION

1.1. Project

1. The Flood and Draught Risk Management and Mitigation Project will support the Govern-

ment of Lao People's Democratic Republic (Lao PDR) and Viet Nam to undertake structural

and non-structural measures to prepare for and manage disaster risks linked to floods and

droughts. Project interventions will (i) enhance regional data and knowledge for the man-

agement of floods and droughts; (ii) upgrade or develop water management infrastructure;

and (iii) prepare communities to manage disasters such as flood and drought and adapt to

climate change. Improved drought management and irrigation water structures will benefit

farmers on 1,542 ha of agricultural lands, while around 61,500 people will benefit from im-

proved flood management.

2. The Project impact will be reduced losses resulting from flood or droughts. Its outcome will

be improved capacity and preparedness to manage and mitigate the impacts of flood and

drought events.

3. The project will have four key outputs:

• Enhanced regional data, information, and knowledge base for the management of flood

and droughts: The project will assist the government of Lao PDR and Viet Nam to

strengthen national flood and drought forecasting capacities.

• Upgraded water management infrastructure: The project will support (i) rehabilitation

of flood control embankments, associated water control structures, and access roads;

(ii) rehabilitation of drainage canals, including increasing flow capacity and improving

water control infrastructure; and (iii) rehabilitation and extension of canals, water con-

trol structures and irrigation distribution networks.

• Enhanced capacity of community based disaster risk management: Community based

disaster risk management (CBDRM) forms an important strategy for enhancing the im-

pact of the structural investments supported by the Project. In each of the communities

where infrastructure development is undertaken, CBDRM actions will be implemented

to ensure that communities are able to obtain the full benefit from the improved water

control infrastructure and improved flood warnings. Community–driven flood and

drought risk reduction measures will be implemented based on participatory local level

disaster risk reduction and management plans.

• Effective project implementation: The project will support the executing agencies to un-

dertake overall project oversight and strengthen the project planning, implementation

and management capacities of implementing agencies.

1.2. Sub-project of Irrigation Development in Vientiane Capital

4. Subproject of Irrigation Development in Vientiane Capital intends to construct four pump

irrigation schemes along Mak Hiao River at Dongkhuay, Nalong, Sanghuabor and Makhiao

villages. The subproject's construction activities will include:

• Construction of 13,610 m length of lined main canal; 23,815 m length of secondary canal

made of bricks; and 3,200 m length of tertiary canal also made of bricks.

• Four pumps and weirs will be installed along the Makhiao River. To flash-out flood water

during rainy season and abet flooding, two drainage pumps will be installed at Makhiao

1 and Huay Dua.

• Dual type flood control gates (sluice and flap gates) will be constructed at three loca-

tions: Mak Hiao-2, Simmano and Xiang Khoung villages. The flap gates will check back


waters from the Mekong River during flooding, thus; protect agricultural lands and set-

tlements areas while the sluice gates are intended for storing water in streams for irriga-

tion during dry season.

The scheme in Sang Huabor Village

5. The Sang Huabor Scheme will provide irrigation by pumping water from the Mak Hiao River.

The pumping station will be installed at the boundary of the Farm Pond near the village.

The existing paddy fields are being irrigated through farm pond with water surface of about

22.7 ha. The water from the farm pond can be diverted to the lowland area from the Mak

Hiao River when the water level is high. The depth of the farm pond is very shallow to im-

pound and reserve water.

6. The main canal for San Huabor irrigation scheme is a line-canal with a length of about 2,950

m length. The lengths of the secondary and tertiary canals are 6,650 and 1,300 m length,

respectively. It will have a total irrigable area of about 300 ha.

Figure 1. General Layout of Sanhuabor Irrigation Scheme

The scheme in Dong Khuay Village

7. The pump that will be installed for Dongkhuay village will have a capacity of 0.35 m3/s. The

total length of main canal is approximately 4,400 meters while the secondary canal has a

total length of 3,700 meters. Dong Kuay has an irrigable area of about 474 ha.


Figure 2. General Layout of Dongkhuay Irrigation Scheme

The scheme in Nalong Village

8. Nalong Village will have three pumps installed. The lined main canal has a length of 2,500

meters, the secondary canal is made of bricks and has a length of 8,750 meters while the

tertiary canal will also be constructed with bricks and will have a total length of 1,900 me-

ters. The total irrigable area of Nalong is 545 ha.

Figure 3. General Layout of Nalong Irrigation Scheme

The scheme in Makhiao Village

9. The Makhiao Irrigation Scheme will irrigate about 223 has of land. Its lined main canal has

a length of 3,760 meters while the secondary canal that will be built with bricks has a total

length of 4,715 meters.


Figure 4. General Layout of Makhiao Irrigation Scheme

10. The below Figure 5 shows the typical cross section of main canal, secondary and tertiary

canal that will be constructed under the subproject of Irrigation Development in Vientiane

Capital.

Figure 5. Typical Cross-sections of Main Canal, Secondary and Tertiary Canal

SCOPE OF LAND ACQUISITION AND RESETTLEMENT 16

B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1. Measure taken to minimize negative impacts

11. To minimize adverse impacts of the subproject, mitigation measures were considered by

MAF, NPCO, Project Implementing Office (Department of Agriculture and Forestry of Vien-

tiane Capital), Vientiane Capital Resettlement Committee and Resettlement Committees of

three subproject districts, as well as the design consultants. These include:

• Adjustments in technical designs of canals to reduce land acquisition impacts: During de-

tailed engineering designs, length of canal system has been adjusted against preliminary

engineering design while technical requirements and set-out outputs of the subproject

are sufficiently considered. In Sang Huabor Village, the total length of the canal has been

adjusted to 10,900 m lesser by 3,275 m from the original plan of 14, 175 m. Canals net-

work for Dong Khuay Village has been reduced from the original plan of 29,183 m to

8,100 m. The Nalong 3 Village will have a canal network of 13,150 m as against 20,375

m based from original plan and Mak Hiao Village canal network will have an adjusted

length of 8,475 m compared to the original design of 10,195 m. With the measure, land

acquisition impact on about 97,500 m2 of agricultural land of about 120 households in

the villages has been avoided while technical requirements and set-out outputs of the

subprojects are assessed to be achieved.

• Informing in advance to APs before land acquisition to avoid impact on crops: Water

melon and paddy are planted on the affected agricultural land. As agreed in writing be-

tween the District Resettlement Committees and the APs, annual-crops cultivation can-

be continued on the affected land until before land is acquired. Timing of land acquisi-

tion will be informed to APs by three months in advance (plantation is now for only one

season per year - from July to October, in the raining season because of having no irriga-

tion system) - no crop plantation will be on the affected land; thus, impact on crops of

239 households will be avoided.

• Affected households have been advised (through consultations) not to plant perennial

trees or construct new structures (particular the huts for taking care of farm) on the land

to be permanently acquired. A PIB that explains, among others, the policy on cut-off

date for eligibility has been distributed to the AHs and communities.

• The construction will be monitored by people in the subproject area, communities, and

monitoring agency to ensure the impacts on surrounding/remaining land of households

are minimized.

• The reserved/unused land of the village will be temporarily used for labour camps and

construction materials storage. This will avoid impacts on land and other assets of

households and will not disrupt the people's daily activities.

• Other than the aforementioned, the NPCO and PIO will ensure that the payment of

compensation is in place prior to the issuance of notice to proceed to start construction

works.

2.2. Summary of Impacts

12. The cut-off date for eligibility for compensation under the subproject of Irrigation Devel-

opment in Vientiane Capital is the completion date of the census of affected person carried

out by Vientiane Capital and relevant District Resettlement Committees. It is 24 October

2010; 29 October 2010; and 4 November 2010 for Dongkhouy Village; Xanghoubor Village;

and Nalong and Makhiao Villages, respectively. The cut-off dateshave been widely an-

nounced to the AHs in the consultation meetings organized in the villages and posted in the

village's meeting house, the house of village heads and indicated in the PIBs delivered the


AHs. All the assets of individuals or households which are constructed after the date of the

village that announced will not be compensated.

13. As there is no opportunity to encroach on the land as (i) the affected land is with particular

land users; (ii) affected land is with well demarcated and mapped by the PIO; and (iii) af-

fected land area is rather small; (iv) affected land area is known by all villagers as many of

them participated in the demarcation; and (v) the district resettlement committees and the

village leaders conduct proper site management; thus no encroachment on land or expan-

sion of affected structures happened. Annual crops (water melon and paddy) are agreed to

be continued planting on the affected land until before land acquisition.

14. The DMS of affected land and assets was conducted from 8-24 October 2015 by the DMS

Team which consists of members of NPCO, PIO, Vientiane Capital and District Resettlement

Committees, village heads, representatives of mass-organizations, household's representa-

tives, and enumerators of Home Consulting Engineer - the consultant engaged by NCPO for

DMS and Socioeconomic Survey (SES) activities.

15. Prior to the DMS, a meeting was held with all village heads (2, October 2015) in each district

to discuss on the DMS form and agree on the DMS plan for the villages. The village heads

informed to APs for their participation in the DMS activities. Following to the agreed DMS

plan, the DMS Team measured the affected land and assets upon land with participation of

head of AHs, village head and representatives of mass-organizations.

Picture 1: Measuring the affected land Picture 2: Completing the DMS form

16. A copy of the completed DMS form was provided to the AHs for checking for two weeks.

The DMS Team returned to the villages to address the questions of the AHs and agree on

the final completed DMS form (with signature of the AHs, village leader and participating

agencies). Sample of a final competed DMS form for an AH is presented in the Appendix 1.

17. Generally, the scope of land acquisition and resettlement by the subproject of Irrigation

Development in Vientiane Capital is rather minor. There are 239 households (1,146 per-

sons) in four villages who have agricultural land affected. There is no severely affected

household, neither vulnerable household among the affected households. The Table 1 be-

low quantifies the impact of the subproject.


Table 1.Affected Households by the Subproject

Villages

Total

No. of

AHs

No. of

APs

No. of severely affected

households due to loss of

from more than 10% of total

productive land holding

No. of affected

households due to

loss of residential

land

No. of

vulnerable

households

Dongkhuay 68 315 0 0 0

Nalong 62 341 0 0 0

Sanghuabor 63 295 0 0 0

Makhiao 46 195 0 0 0

TOTAL 239 1,146 0 0 0

Source: DMS Results

2.2.1. Impact on Land

18. The subproject will permanently acquire a total amount of 431,580 m2 of agricultural land

of 239 households (1,146 persons). On average, the subproject will impact on 1,805 m2 of

agricultural land per affected household, taking account of 7,1% of the household total

production landholding. All the affected households are titled land users with Land Use

Right Certificates granted. The land is being used by the households for annual crops (water

melon and paddy) plantation for one-crop per year in the raining season (July to October).

Subproject implementation will not impact on residential land of households. The Table 2

below presents the impact on land of the subproject.

Table 2.Affected Land by the Subproject

Villages Total affected

agricultural land

area (m2)

Total No.of HHs

with affected

agricultural land

(#HHs)

Total No.of persons

with affected

agricultural land

(# persons)

Total No.of HHs with from

more than 10% of total

productive land holding

affected (# HHs)

Dongkhuay 87,970 68 315 0

Nalong 135,140 62 341 0

Sanghuabor 103,400 63 295 0

Makhiao 105,070 46 195 0

TOTAL 431,580 239 1,146 0

Source: DMS Results

2.2.2. Impact on Trees

19. Construction of subproject of Irrigation Development in Vientiane Capital will impact on

1,747 trees of various kinds (45 fruit trees, 1,015 timber trees and 687 other trees) of 70

households (392 persons) in four villages. According to the DMS results, there is no tree of

commercial value affected. The Table 3 below shows the impact on trees of the subproject.

Table 3.Affected Trees by the Subproject

Villages No. of AHs

(HHs)

No. of APs

(APs)

No. of

affected

trees (trees)

Affected trees

Fruit trees

(trees)

Timber trees

(trees)

Other trees

(Trees)

Dongkhuay 14 77 206 5 42 159

Nalong 40 224 1,314 34 916 364


Villages No. of AHs

(HHs)

No. of APs

(APs)

No. of

affected

trees (trees)

Affected trees

Fruit trees

(trees)

Timber trees

(trees)

Other trees

(Trees)

Sanghuabor 3 17 5 4 1 0

Makhiao 13 74 222 2 56 164

TOTAL 70 392 1,747 45 1,015 687

Source: DMS Results

2.2.3. Impact on other Structures of Households

20. Three households (17 APs) will have their huts affected by the subproject. The huts are

used by the households for taking care of farm and keeping farming tools. The total area of

affected hutsis 62 m2. Amongst three affected huts, two huts are in Dongkhuay Village and

one hut is in Makhiao Village. Huts are constructed on timber-stilts, bamboo walls and rice-

straw roof. The huts will be fully demolished. Households can re-construct the huts in the

nearby area out of the Right of Way (ROW).

Picture 3: The huts in Dongkhuay Village

2.2.4. Impact on Business, Income and Livelihood

21. According to the DMS results, each affected household is owning averagely an area of

25,000 m2 of production land. The affected land area of the households by the subproject

is by 7,1% of total production land holding of the households. According to the SES results,

land acquisition by the subproject will not impact on income or livelihood of affected

households. Households are expecting that, with the irrigation scheme constructed in the

area, they could switch one planting season to two planting seasons and the income would

be much improved. The subproject implementation will not impact on any business activity

of local people.

2.2.5. Impact on Public Assets

22. According to the DMS results, the subproject will impact on five (05) low-voltage electricity

poles managed by Lao Electricity. For construction activities of the subproject, the poles will

be removed out of the Right of Way (ROW).

23. The subproject will also temporarily require 6,046 m2 of public land under management of

village authorities as reserved/unused land during construction for construction materials

storage and construction camps.

SOCIO-ECONOMIC INFORMATION AND PROFILE 20

C. SOCIO-ECONOMIC INFORMATION AND PROFILE

24. A section to collect of socioeconomic information of affected households was incorporated

on the DMS form. During the DMS, the socioeconomic information of the affected house-

holds was collected by the DMS Team.

25. Additional household survey was conducted by Home Consulting Engineer - the consultant

engaged by NPCO for DMS and Socioeconomic Survey (SES) activities. As there are only

marginally affected households (there is no severely affected household and vulnerable

household among affected households) by the subproject and the affected households

have almost similar socioeconomic status, questionnaire survey was conducted with 55 af-

fected households (23% of total affected households) by random sampling method. Form of

household questionnaire is enclosed in the Appendix 2.

26. In-depth interviews and focused-group discussions were conducted with 18 households in

September-October 2015. Additional 4 interviews with affected households (one with the

hut and land affected; two with land and trees affected; and one with trees) and one fo-

cused group discussion with village leaders and the other one with Xaythany District Au-

thority were carried-out in February 2016.

Picture 4 and 5: Focused group discussion with village leaders and interview a female farmer

27. The existing data of the villages (statistical data) and other relevant existing data of three

subproject districts (annual socioeconomic reports, statistical data of the districts) were al-

so collected for data analysis.

3.1. Demographic characteristic

28. According to the data extracted from DMS results, among the total of 1,146 affected per-

sons, the number of female is 576 (50.3%) and the number of male is 570 (49.7%). The Ta-

ble 4 below presents the gender distribution of affected persons by affected villages.


Table 4. Gender distribution of APs by villages

Villages No. of AHs No. of APs Female Male

Number % Number %

Dongkhuay 68 315 166 14.5 149 13.0

Nalong 62 341 175 15.3 166 14.5

Sanghuabor 63 295 151 13.2 144 12.6

Makhiao 46 195 84 7.3 111 9.7

TOTAL 239 1,146 576 50.3 570 49.7

Source: DMS Results

29. There are nine households (3.7% of total affected households) with name of female in the

Family Book as head of the households. However, it is just a paper matter. The households

are actually still headed by male (the female is not the main-labour but the husband and

more than two other labours in the families), in addition, the households have better-off

income and sustainable livelihood. In other words, the households are not vulnerable

households. Family headed by male is fairly typical in the four affected villages. Averagely,

an affected household has 5.8 household members

30. For the age of heads of households, according to the data extracted from the DMS results,

29,7% (71 individuals) of heads of households is in the age under 40; 33,9% (81 individuals)

is within the age bracket of 41-50; 27,6% (66 individuals) is within 51-60 years old; and

8,8%(21 individuals) is 61 years old and above. The average age of heads of affected house-

holds is 42. The Table 5 below presents the age distribution of heads of households by vil-

lages.

Table 5.Age distribution of heads of households by villages

Villages No. of HH Heads

Age Distribution of Heads of Households

Under 40 41-50 51-60 61 and above

Dongkhuay

68

N 18 18 24 8

% 7,5 7,5 10.0 3,3

Nalong 62 N 23 21 14 4

% 9,6 8,8 5,9 1,7

Sanghuabor 63 N 19 29 12 3

% 7,9 12,1 5,0 1,3

Makhiao 46

N 11 13 16 6

% 4,6 5,4 6,7 2,5

Total 239 N 71 81 66 21

% 29,7 33,9 27,6 8,8

Source: DMS Results

31. According to the SES results, 32,8% of household members is in the age under 18; 25,6% of

household members is within the age bracket of 18-30 years old; 21,3% of household

members is within the age bracket of 31-45; 13,4% of household members is within 46-60

years old; and 6,9% of household members who is in the age of 61 and above. The SES data

also shows that, 60.84% of household members of affected households are in the working

age1.The average age of the affected household members is 26. The Table 6 below pre-

sents the age distribution of household members by the villages.

1Working Age: According to Labour Law of Lao PDR (2013), working age for male is from 15 to 60 years old

and for female is from 15 to 55 years old.


Table 6. Age distribution of household members by villages

Villages No. of HH Head

Age distribution of household members

Under 18 18-30 31-45 46-60 61 and above Total

Dongkhuay 14 N 24 22 15 14 6 81

% 7.9 7.2 4.9 4.6 2.0 26.6

Nalong 15 N 26 23 21 11 6 87

% 8.5 7.5 6.9 3.6 2.0 28.5

Sanghuabor 15 N 25 14 14 10 5 68

% 8.2 4.6 4.6 3.3 1.6 22.3

Makhiao 11 N 25 19 15 6 4 69

% 8.2 6.2 4.9 2.0 1.3 22.6

Total 55 N 100 78 65 41 21 305

% 32.8 25.6 21.3 13.4 6.9 100.0

Source: SES Results

32. All affected households by the subproject of Irrigation Development in Vientiane Capital is

Lao-Tai (Lao Loum) Ethnic. In Lao, Lao-Tai is the largest ethnic group (the majority) that

makes up 64.9% of the population2 and lives in lowland areas with trading and agricultural

systems based on paddy rice cultivation. There is no ethnic minority among affected

households by the subproject.

3.2. Occupation and Income

33. According to DMS results, most of heads of affected households, (80% of total HH heads;

191 individuals) is engaged in farming as main occupation, followed by working for the

Government as employees (7,5 % of total HH heads, 18 individuals) and working as work-

ers/laborers (5,5% of total HH heads, 13 individual). The Table 7 below presents the main

occupation of heads of affected households in the subproject area.

Table 7.Occupation of Heads of Affected Households

Occupations of Heads of AHs Total of Heads of HHs Percentage

Farming 191 80%

Government Employees 18 7,5%

Worker/labourer 13 5,4%

Trading 10 4.2%

Private company employees 3 1.2%

Teaching 3 1,2%

Retiree 1 0.5

Total 239 100%

Source: SES Results

34. Main resource of income of the affected households is agriculture. According to the SES

results, each affected household averagely has four labours working on agricultural activi-

ties, and income from agriculture (including livestock rearing) contributes to 85,17% of total

income of the households.

2Statistical Data, Department of Statistics, Ministry of Planning and Investment, Lao PDR, 2015


35. The average monthly income of the affected households is LAK 4,561,086 (LAK 786,394 per

person) and there is no affected household which living under poverty line3. Among the af-

fected households those from Nalong Village has the highest monthly income (LAK

5,287,200) while affected households in Sanguabor Village have the least monthly income

(LAK 3,756,000). The breakdown of monthly income of affected households is shown in the

Table 7 below.

Table 8. Monthly Income of Affected Households by Villages

LAK

Income Source Nalong Dongkhuay Sanghuabor Makhiao

Agriculture 24,643,000 8,727,000 15,240,000 16,930,000

Livestock 19,150,000 15,509,000 10,500,000 10,900,000

Fishery 7,575,000 2,800,000 2,300,000 -

Forestry - 2,690,000 - -

Manual Labor 11,480,000 13,500,000 8,500,000 4,000,000

Business 10,660,000 800,000 4,800,000 3,000,000

Salary/Trade 5,400,000 12,420,000 10,500,000 15,000,000

Pension - 900,000 - -

Handicraft 400,000 50,000 4,500,000 -

Sevices - - - -

Others - 8,000,000 - -

Monthly Income all AHs 79,308,000 65,396,000 56,340,000 49,830,000

Number of Respondents 15 14 15 11

Average Monthly Income of HHs 5,287,200 4,671,143 3,756,000 4,530,000

Source: SES Results

3.3. Education

36. According to the data extracted from the DMS results, 37% (425 APs) have finished Primary

Education; 45% (516 APs) have finished Secondary Education; and 6,9% (79 APs) have com-

pleted Tertiary Education. There is a high number of APs (50 APs or 4,5%) who have not at-

tended school and 6,6% (76 APs) are not yet of school age. The Table 9 below presents edu-

cational attainment of household members of affected households.

Table 9. Education Attainment of Household Members of Affected Households

Education Female Male

Primary 233 192

Secondary 241 275

Tertiary 36 43

Not in school age 37 39

Not attended school 29 21

TOTAL 576 570

Source: DMS Results

3.4. Basis Infrastructures

37. According to the DMS results, all affected households have been residing from their present

place for the last 10 years. The most common type of house structure in the subproject ar-

ea is single storey house with bricked walls (95%; 226 houses). The common roofing mate-

3Poverty Threshold of Lao PDR in 2015 is LAK 456,000 per month per person (LAK 15,200 per day or $ 1.90

per day per person). Source: Poverty and Equity Report, 2015. World Bank, Lao PDR


rial used by the affected households for their house is aluminum/galvanized iron (78.2%;

187 houses) and tile/concrete (21.8%;52 houses). All of the houses are in good condition.

38. All of the affected households in the subproject villages have electricity connection for their

lighting. According to the DMS results, 58% (138 AHs) is using charcoal for cooking; 31% (74

AHs) is using wood while 11% (27 AHs) is using Liquefied Petroleum Gas for cooking.

39. According the DMS results, 87% of affected households (208 AHs) buy bottled water for

drinking while the rest is using fetched drinking water from spring or lake or having drinking

water from wells of various constructions. All affected household have closed pit toilet

without depository.

40. According to the SES results, all of the sampled AHs are aware of the presence of basic ser-

vices as listed in Table 10 below. However not all of AHs availed of the services either the

AHs cannot afford paying for the services or there is no need for the service for the mo-

ment.

Table 10. Basic Services Availed by Affected Households

Source: SES Results

Are you aware of What is the approximate

the availability distance (Km) of the

of the following facility providing the Cannot Afford No Need of the

services service for the

YES NO YES NO services time being

HEALTH SERVICES

PRIVATE CLINIC 55 0 50 5 10 5 0

GOVT HOSPITAL 55 0 55 0 20 0 0

PRIVATE HOSPITAL 55 0 23 32 30 9 23

SCHOOL SERVICES

PRE-SCHOOL 55 0 30 15 0.5 4 11

ELEMENTARY 55 0 44 11 0.5 3 8

HIGH SCHOOL 55 0 25 30 5 8 22

VOCATIONAL 55 0 10 45 35 23 22

COLLEGE 55 0 15 40 30 27 13

Basic Social Services

services?

Why did you not avail of

the services?

Did you avail of the

services it

offered?

INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 25

D. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

4.1. Objectives of Consultation and Participation

41. Consultation with affected persons and communities as well as relevant agencies and en-

suring their active participation will reduce the possibility of arising conflicts and minimize

the risks of delaying the subproject. It enables the subproject to design the resettlement

program as a comprehensive development program in compliance with the needs and pri-

orities of APs, communities and relevant agencies - and therefore maximizes the socioeco-

nomic efficiency and benefits of the subproject investment.

42. The objectives of the consultation and participation include: (i) to ensure the participation

of APs, communities and concerned agencies into the process of planning and making deci-

sions; (ii) to share all information about the subproject’s planned items and activities with

the APs, communities and local authorities; (ii) to collect information about the needs and

priority of the APs, communities and concerned agencies as well as to receive their feed-

backs on policies and predicted activities; (iii) to ensure that APs and communities are fully

informed about the decisions which directly impact on their plans and activities, and have

opportunities to participate in activities and decisions that directly affect them; and (iv) to

ensure the transparency in all activities concerning land recovery, compensation and assis-

tance.

4.2. Information disclosure and Public consultation during RP Updating

43. During updating the resettlement plan, NPCO and PIO have worked directly with three sub-

project district authorities (Hadxayfong, Xaythany and Park Ngum Districts), Vientiane Capi-

tal and District resettlement committees, and four villages and mass-organizations in both

district and village levels for providing information to and conducting of consultations with

AHs, on land acquisition and resettlement related issues of the subproject.

44. The first round of consultation meetings was held by NPCO, PIO, Vientiane Capital and Dis-

trict Resettlement Committees in all four villages in September 2015 with participation of

village leaders, representatives of affected households and mass organizations before the

DMS commenced. The issues were discussed, included (i) the DMS plan in four villages; (ii)

methods of carrying out DMS, (iii) eligibility to compensation and assistance for affected

land and assets; (iv) participation of AHs in the DMS process; (v) mechanism to fix-up any

errors of DMS, if any, and to finalise the DMS for affected households; and (vi) information

disclosure and consultation plan during resettlement updating, implementing and monitor-

ing. A total of 241 persons attended in these village meetings, of which 41.7% is female -

representing the AHs, relevant agencies and mass-organizations. Key Informant Interviews

(KIIs) were also conducted with 12 households in the four villages. The objective of the

KIIsis to determine the level of understanding of APs about the subproject, eligibility and

entitlements, and the opinions, suggestions and concerns of APs to land acquisition and re-

settlement. Three KIIs were selected per village covering two female APs and one male AP.

45. The second round of consultation meetings was conducted in four villages in November,

2015 after the DMS completed. The information was consulted, included: (i) the scope of

impacts on land and assets upon land as well as the impacts on income and livelihoods fol-

lowing the DMS result of the subproject and the mitigation measures considered; (ii) the

principles of resettlement and the entitlements applied for the subproject (provisions of

compensation); (iii) detailed implementation schedule for land acquisition, compensation

and civil works; and (iv) the grievance redress mechanism. The PIB was provided to all AHs

and posted in the village meeting house, the house of the heads of villages and in the

headquarters of the subproject districts. The PIB is enclosed in the Appendix 3 of the URP.


46. The third round of consultations was conducted in February, 2016 on the draft URP. The

key issues of the draft URP, including (i) the scope of impacts by the subproject; (ii) eligibil-

ity and entitlements to compensation for affected land and assets upon land; (iii) imple-

mentation schedule and participation of affected households; (iv) grievance redress mech-

anism; and (v) how the opinions and suggestions of affected households and community

gained during the first and second round consultation meetings have been addressed by

concerned agencies and incorporated in the draft URP. A total of 253 persons attended in

the meetings, including subproject district governors, village leaders, mass-organizations

and affected households; of which 40.6% is female. Photos of the consultation meetings,

focused group discussions and AHs interviews are enclosed in the Appendix 4. Minutes of

consultation meetings are presented in the Appendix 5 of this URP.

47. Additional four (04) interviews with affected households, one focused group discussion

with village leaders and the other one with Xaythany District Authority were carried-out in

February 2016. The objective of the interviews and focused group discussions is to assess

the agreement/satisfaction of the APs on the entitlements for the affected land and assets

that specified in the draft URP as well as the implementation schedule, and understanding

of grievance redress mechanism.

48. The Table 13 below summarizes the suggestions and opinions of affected households, vil-

lage leaders, and representatives of mass-organizations on the resettlement related issues

of subproject of Irrigation Development in Vientiane Capital during the consultation meet-

ings and how these suggestions and opinions have been addressed and incorporated in the

URP.

49. Consultation activities will be continued when this URP get approved and thought the im-

plementation and monitoring of the URP.


Table 11. Results of Public Consultations with Affected Households and Community

Consultation Meetings Issues discussed Options, suggestion and concerns of APs Agreements Reached with APs

Consultation meeting with

Sanghuabor Village

(08/09/2015)

• 03 Representatives of District

Resettlement Committee and

PIO

• 01 commune leader

• 24 APs(15 males and 9

females)

• 04 Representatives of mass-

organisations

• DMS plan in the village

• Methods of carrying out DMS

• The Eligibility and entitlements.

• Participation of AHs

• Information disclosure and

consultation plan

• Grievance redress mechanism

• AHs should have time to review the

completed DMS form before signing on.

• Any errors on DMS should be corrected

timely

• If any AP has complaints, can the AP

send it to grievance redress committee

via village leader?

• Completed DMS form will be provided to the

AHs for checking within 2 weeks.

• DMS Team will return to correct any DMS

errors, if any, together with the AHs

• As the village leader is the member of the

grievance redress committee; APs can send the

complaining letter (or verbally explain) to the

village leader.

Consultation meeting with

Dongkhuay Village

(09/09/2015)



PIO

• 01 village leader

33 APs (21 males and 12

females)


organisations






consultation plan


• The subproject activities should be

accelerated.

• When compensation will be and the

timing should be informed in advance to

the households.

• The subproject activities are being accelerated.

Compensation will start in May, 2016 and civil

works will commence from June, 2016

• Compensation will be paid in May, 2016. APs

will be informed two months in advance.



Consultation Meeting with

Nalong Village (10/09/2015)



PIO



females)


organisations






consultation plan


• The subproject activities should be

accelerated.

• Compensation should be by cash and

made directly to the APs in the village

level

• DMS should be posted in the village

public places

• The subproject activities are being accelerated.

Compensation will start in May, 2016 and civil

works will commence from June, 2016.

• Compensation will be in cash and made directly

to APs in the village.

• DMS results by households will be posted in

public places of the village

Consultation Meeting with

Makhiao Village (11/09/2015)



PIO



females)


organisations






consultation plan


• DMS should be after the crops

harvested.

• DMS should be posted in the village

public places.

• Timing of compensation should be

informed in advance to the households

• DMS will be in October 2015, only after the

crops have been harvested.

• DMS results by households will be posted in

public places of the village.





Consultation Meeting in

Xaythany District

(18/11/2015)

• 01 District Leader

• 02 village leaders

(Sanghuabor and Dong Khuay

Villages)

• 32 APs of two villages (27

males and 5 females)


organisations

• Scope of impacts

• Principles of resettlement and

the entitlements applied for the

subproject

• Detailed implementation

• Schedule for land acquisition,

compensation and civil works;

• Grievance redress mechanism.

• The issued compensation rate by

Vientiane Capital Authority for affected

land and structures are suitable - equal

to market rate plus with other

administration costs. The issued rate

should be applied for compensation for

affected land and structures.

• The compensation rate issued by Vientiane

Capital Authority for affected land and

structures will be applied to compensate for

affected land and assets.

• As the scope of land acquisition is minor

and no AHs lost from more than 10% of

total production land holding, no impact

on income and livelihood of AHs

• Compensation payment should be made

sufficiently and timely.

• Grievances lodged by AHs should be

resolved timely and promptly.

• Compensation and assistance will be paid one-

time and not by instalments.



• Grievances will be resolved in compliance with

the mechanism disclosed to AHs and the

communities.

Consultation Meeting in

Hadxayfong District

(19/11/2015)






subproject






administration costs (transactions of

land with Thailand buyers are with the







• 65 APs of the village (55



organisations



• Grievance redress mechanism.

same rate as the issued once in the

local). The issued rate should be applied

for compensation for affected land and

structures.

• As the scope of land acquisition is minor

and no AHs lost from more than 10% of

total production land holding, no impact

on income and livelihood of AHs

• Annual crops can-be continued planting

in the affected land area to until before

land acquisition.

• It is agreeable that annual crops (not perennial

trees) can-be continued planting in the affected

land area. Timing of land acquisition will be

informed to APs three month in advance; and

land acquisition is only when the crops have

been harvested.

• If any AP has complaints, can the AP

send it to grievance redress committee

via village leader?

• As the village leader is the member of the

grievance redress committee; APs can send the

complaining letter (or verbally explain) to the

village leader.

Consultation Meeting in Park

Ngum District (20/11/2015)



• 34 APs of the village (29






subproject




• As affected land areas by households

are minor (less than 10% of total

production land holding), can donation

of affected agricultural land is

acceptable by subproject.

• Donation of agricultural land is only acceptable

when (i) the households are provided all the

information on the entitlements (they know

that they are entitled to compensation, but they

want do donate); (ii) they can refuse donating

land any-time before the URP is approved; (iii)

document on donation (with signatures of both

husband and wife) have to be prepared; and (iv)



organisations

Grievance redress mechanism. the area of land to donate should not exceed

10% of total production land holding of the

household. The households will advise to the

village leaders on their decision on donation

before the URP is submitted to MAF/ADB for

review and approval.





administration costs (transactions of

land with Thailand buyers are with the

same rate as the issued once in the

local). The issued rate should be applied

for compensation for affected land and

structures.





• Land use right certificate (LURC) must be

adjusted to the households after being

acquired.

• LURC will be adjusted free of charge to the

households and will be carried out right after of

land acquisition, and the adjusted LURC will be

in names of both husband and wife.

• Compensation payment should be made

in the village and by cash directly to the

affected households.

• Payment will be made by cash, in one-time

payment, in the village and directly to the

affected households.


4.3. Disclosure Requirements

50. The URP, once approved by MAF and ADB will be posted in public places, such as Offices of

Vientiane Capital and District Resettlement Committees of Hadxayfong, Xaythany and Park

Ngum Districts, headquarter of the District Authorities, village meeting houses, house of vil-

lage leaders and other accessible public places. This document will be made available in Lao

language by NPCO, sent to the resettlement committees, three subproject District Authori-

ties, District mass-organizations and village leaders. The URP will also be posted on ADB’s

and MAF websites.

51. NPCO will be together with PIO, officially announce the details of impacts on land and as-

sets upon land; entitlements, and schedule for land acquisition and compensation to the

APs and villages.

52. The resettlement monitoring reports will be posted in the accessible places, sent to reset-

tlement committees, three subproject District Authorities, PIO and village leaders and up-

loaded to ADB’s website.

GRIEVANCE REDRESS MECHANISM 33

E. GRIEVANCE REDRESS MECHANISM

53. Article 13 of Decree 192/PM on Compensation and Resettlement of the Development Pro-

ject (7 July, 2015) requires the Project to establish effective mechanisms for resolution of

grievances caused by the Project. Lao PDR legal requirements for this mechanism are de-

scribed in Part VI of the Decree’s Implementing Regulations, and in detail in the Technical

Guidelines for Resettlement and Compensation of People Affected by Development Pro-

jects. The objectives are to enable affected people to monitor the implementation of the

resettlement plan, and to have a transparent mechanism to register and resolve any com-

plaints related to project implementation. Decree 192/PM defines that the prime responsi-

bility for grievance resolution lies with the Project proponents.

54. A Grievance Redress Committee has been established in February, 2016 within each District

Resettlement Committee of three subproject Districts, chaired by the District Authority

Vice-Governor (the Vice Governor is also the Chairman of the District Resettlement Com-

mittee). The Committee consists of two AHs of each affected village (one male and one fe-

male), head of affected villages, and representatives of district mass-organizations and sub-

project PIO. The roles of the Grievance Redress Committee are (i) to address the complaints

and grievances at the first step; (ii) facilitate the grievance redress of the affected house-

holds if the households are not satisfied with the response or decision made by the Griev-

ance Redress Committee; and (iii) manage (follow up, documentation, report to relevant

agencies) the subproject grievance redress process which will show name and contact de-

tails of the complainant, date and nature of complaint, any follow up actions, resolutions

and how and where resolutions were communicated to the complainant, and status of ac-

tions. The Social Safeguard Consultant (National and International) will provide the neces-

sary training and guidance for the grievance redress committee in March, 2016.

55. The resolution of the complaint or grievance of all affected people shall follow three (03)

steps as following:

• Step 1: As a first step, all complaints and grievances by the APs would be addressed

through consultation and in participatory manner at the first instance they are brought

to the notice of Grievance Redress Committee (within the concerned District Reset-

tlement Committee). The head of the Grievance Redress Committee, in consultation

with its members and the complainant, will response to complaints within 15 days.

• Step 2: If the complainant does not agree with the response or administration deci-

sions that they complaint to, complainant can lodge their first grievance directly to the

NPCO. NPCO, in consultation with PIO and the concerned District Resettlement Com-

mittee- will response to the complaints within 15 days.

• Step 3: If the complaint is not satisfied with response/decision or the person/ agency

does not respond within the provided time period; within 20 days counting the date

that the person/agency must respond but not respond - complaints can lodge their

case to the court.

56. AP seeking grievance redress are exempt from the payment of any fees – formal or informal

- and NPCO and PIO warrant it will not permit local authorities to collect such fees. The

costs incurred by the AP during the grievance process will be borne by the subproject.

57. APs will be encouraged to use the above grievance redress mechanism. However, the

agreed grievance redress mechanism does not impede access to the country's judicial or

administrative remedies by APs, if they want.

GRIEVANCE REDRESS MECHANISM 34

58. NPCO is responsible for recording and documentation of the complaints and grievances

related to land acquisition and resettlement and present the progress of grievance redress

in the quarterly reports submitting to MAF and ADB.

59. The complainants may send their case directly to ADB’s Southeast Asia Department (SERD)

through ADB Lao Resident Mission. If the households are still not satisfied with the re-

sponses of SERD, they can directly contact the ADB's Office of the Special Project Facilitator.

Contact details of the ADB's Office of the Special Project Facilitator are shown in the PIB.

POLICY AND LEGAL FRAMEWORK FOR RESETTLEMENT 35

F. POLICY AND LEGAL FRAMEWORK FOR RESETTLEMENT

6.1. Relevant Laws and Regulations of Lao PDR

60. In Lao PDR, compensation principles and policy framework for land acquisition and reset-

tlement are governed by laws, decrees and regulations of the Government of Lao PDR,

principally the Constitution (1991) the Land Laws (1997, 2003), the Road Law (1999), De-

cree 192/PM on Compensation and Resettlement of Development Projects (July 2005), the

Regulations for Implementing Decree 192/PM issued by the Science Technology and Envi-

ronment Agency (November 2005) and the Technical Guidelines for Compensation and Re-

settlement of People Affected by Development Projects (updated on March 2010).

61. The Constitution (1991) sets out the broad framework for the ownership and management

of land in Lao PDR, as well as the rights of ethnic groups. Article 15 of the Constitution de-

fined that land is owned by the national community and the State ensures the rights to use,

transfer, and inherit it in accordance with the law.

62. In relation to the land acquisition and resettlement, the 1997 Land Law (Article 54) allows

for land acquisition by the State for the public interests. When land is required for use in

the public interests, the relevant authorities are required to compensate the land us-

ers for their losses (Article 61). The determination of assessed losses shall be undertaken by

a committee comprising representatives of all concerned agencies (Article 62).

63. Land Law (No. 04/NA) of 21 October 2003 supersedes the previous Land Law (1997) and

become the principal legislation by which the State exercises its constitutional responsibil-

ity for the management, preservation and use of land. According to the Law (Article 63), the

rights of an individual or organizations to use land can be terminated if the State recovers

the land for public purposes. The Law also requires the land users to be compensated when

land is recovered. In the Article 71, the Law specified that, the State shall make appropriate

compensation to the affected person; each village, province, municipality, or special zone

shall keep 5% of its total land area in reserve to ensure the compensation for the recovered

land. In the case of land acquisition, holders of documents issued by district authorities

such as survey certificates, land tax receipts, residency certificates and customary land use

right are generally recognized as eligible for compensation. Land users who lack proof of

ownership and/or certifications, but who occupy land with the permission of village author-

ities are considered to be legal, unregistered users. The Land Law provides mechanisms for

which individuals, except those living within the identified ROW, can apply for certification.

64. The Road Law (1999) sets out the principles and regulations for public roads outside of ur-

ban areas. In relation to land acquisition and resettlement, the Road Law (Article 19) re-

quires “reasonable” compensation to the owner whose land will be acquired for the right-

of-way (ROW), relocation and replacement structures and loss of trees and crops.

65. Decree 192/PM on the Compensation and Resettlement of Development Projects was is-

sued in July 2005, and together with its Regulation on Implementation (November 2005)

and Technical Guidelines (as updated in March 2010), provides a comprehensive frame-

work for resettlement planning in Lao PDR. In relation to compensation and assistance for

affected land and public facilities under the Northern Smallholder Livestock Commercializa-

tion Project, followings are the relevant provisions of the Decree 192/PM:

• Article 6 – Compensation principles state that before compensation, a joint committee

will be established to assess loss to APs. APs will be entitled to compensation for

structures at replacement cost, compensation will be payable for losses of income due

to the project, and those without documented legal title will still be entitled to com-

pensation for lost structures and other support so as not to be negatively impacted.


• Article 6 – paragraph 6. States that APs who are living in rural or remote areas, who do

not have any legal Land Use Certificate or any other acceptable proof indicating land

use right to the affected land and assets they occupy shall be compensated for their

lost rights to use land and for their other assets at replacement cost and provided ad-

ditional assistance to ensure that they are not worse-off due to the project. APs in ur-

ban areas, who do not have any legal Land Use Certificate or any other acceptable

proof indicating land use right to the affected land and assets they occupy and who

have no land at other places will be compensated for their lost rights to use land and

for their other assets at replacement cost and other additional assistance to ensure

they are not worse off due to the project.

• Article 8 – entitlement to economic rehabilitation measures if more than 20% of in-

come-generating assets are lost due to a development project.

• Article 11 – voluntary donation of land by APs is only acceptable if the impact on their

income generation is not significant (less than 20% reduction), no physical displace-

ment is caused, and APs are fully aware of their entitlements before relinquishing

them.

• Article 11 – project proponents will define mitigations measures and socioeconomic

benefits to improve the status of ethnic communities which will be developed in con-

sultation with the communities and in harmony with their cultural preferences.

• Article 17 of the Regulations – requires a separate section on indigenous peoples is-

sues and mitigation measures in the RP. Where impacts on indigenous peoples are

more significant an Indigenous Peoples Development Plan will be prepared.

66. The provisions of the Decree 112/PM on Environmental Assessment are also parts of legal

context on compensation, assistance, resettlement and restoration of living conditions of

APs. This stipulates that a social management and monitoring plan (SMMP) should be part

of environmental assessment. This SMMP should define the main social activities, measures

on prevention, minimization and mitigation of social impacts, as well as measures on

compensation, assistance, resettlement and restoration of living conditions of the people

who are (will be) affected by the investment project. In March 2010, an update on Tech-

nical Guidelines for Compensation and Resettlement (from Nov 2005) was published. The

Guidelines explain in detail the processes and procedures necessary for collection of data,

surveys and preparation of various documents in accordance with the provisions of Decree

192 on Resettlement and Compensation.

6.2. ADB Policy on Involuntary Resettlement

67. On 29 June 2009, ADB updated its safeguards policies by integrating its policies on involun-

tary resettlement, indigenous peoples and the environment into one common Safeguards

Policy Statement (SPS). The SPS was approved by the ADB Board on 20 July 2009 and be-

came effective on 20 January 2010. The objectives, scope and principles in the 1995 Invol-

untary Resettlement Policy have been retained and clarified in the policy update.

68. ADB Policy on Involuntary Resettlement aims:

• To avoid involuntary resettlement wherever possible;

• To minimize involuntary resettlement by exploring project and design alternatives;

• To enhance, or at least restore, the livelihoods of all displaced persons in real terms

relative to pre-project levels; and

• To improve the standards of living of the displaced poor and other vulnerable groups.


69. It covers physical displacement (relocation, loss of residential land, or loss of shelter) and

economic displacement (loss of land, assets, access to assets, income sources, or means of

livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on

land use or on access to legally designated parks and protected areas – regardless of

whether such losses and involuntary restrictions are full or partial, permanent or tempo-

rary. Moreover, the Policy also applies to associated facilities funded through other sources

and involuntary resettlement actions conducted by the borrower/client in anticipation of

ADB support.

70. Projects financed by ADB, including associated facilities that are financed by the Govern-

ment or other sources, are expected to observe the following policy principles:

a. Screen early to identify involuntary resettlement impacts and risks and determine the

scope of resettlement planning through a survey and/or census of displaced persons,

including a gender analysis, specifically related to resettlement impacts and risks.

b. Carry out meaningful consultations with displaced persons, host communities, and

concerned non-government organizations. Inform all displaced persons of their enti-

tlements and resettlement options and ensure their participation in various stages of

the project especially vulnerable and poor groups. Establish a grievance redress mech-

anism to receive and facilitate resolution of the displaced persons’ concerns. Support

the social and cultural institutions of displaced persons and their host population.

c. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-

based resettlement strategies when affected livelihoods are land based where possible

or cash compensation at replacement value for land when the loss of land does not

undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal

or higher value, (iii) prompt compensation at full replacement cost for assets that can-

not be restored, and (iv) additional revenues and services through benefit sharing

schemes where possible.

d. Provide physically and economically displaced persons with needed assistance, includ-

ing the following: (i) if there is relocation, secured tenure to relocation land, better

housing at resettlement sites with comparable access to employment and production

opportunities, integration of resettled persons economically and socially into their host

communities, and extension of project benefits to host communities; (ii) transitional

support and development assistance, such as land development, credit facilities, train-

ing, or employment opportunities; and (iii) civic infrastructure and community ser-

vices, as required.

e. Improve the standards of living of the displaced poor and other vulnerable groups, in-

cluding women, to at least national minimum standards. In rural areas provide them

with legal and affordable access to land and resources, and in urban areas provide

them with appropriate income sources and legal and affordable access to adequate

housing.

f. Develop procedures in a transparent, consistent, and equitable manner if land acquisi-

tion is through negotiated settlement to ensure that those people who enter into ne-

gotiated settlements will maintain the same or better income and livelihood status.

g. Ensure that displaced persons without titles to land or any recognizable legal rights to

land are eligible for resettlement assistance and compensation for loss of non-land as-

sets.

h. Prepare a resettlement plan elaborating on displaced persons’ entitlements, the in-

come and livelihood restoration strategy, institutional arrangements, monitoring and

reporting framework, budget, and time-bound implementation schedule.


i. Disclose both the draft and final resettlement plan in a form and language under-

standable to displaced persons and other stakeholders.

j. Conceive and execute involuntary resettlement as part of a development project or

program. Include the full costs of resettlement in the presentation of project’s costs

and benefits. For a project with significant involuntary resettlement impacts, consider

implementing the involuntary resettlement component of the project as a stand-alone

operation.

k. Pay compensation and provide other resettlement entitlements before physical or

economic displacement. Implement the resettlement plan under close supervision

throughout project implementation.

l. Monitor and assess resettlement outcomes, their impacts on the standards of living of

displaced persons, and whether the objectives of the resettlement plan have been

achieved by taking into account the baseline conditions and the results of resettlement

monitoring. Disclose monitoring reports.

71. Calculation of full replacement cost will be based on the following elements: (i) fair market

value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and

(v) other applicable payments, if any. In the calculation, depreciation of structures will not

be taken into account. It is expected that qualified and experienced experts will undertake

the valuation of acquired assets.

72. Persons or households without formal legal rights nor recognized or recognizable claims to

the acquired land are still entitled to be compensated for their loss of assets other than

land, such as dwellings or other improvements on the land at full replacement cost, provid-

ed that they have occupied/used the land or structures in the affected land prior to the cut-

off date.

6.3. Reconciliation of Government and ADB Policies

73. In general, the main principles of the government policies on land acquisition, compensa-

tion, assistance and resettlement – particularly those mentioned in the Decree 192/PM

such as compensation for all losses at replacement cost, the definitions of APs and vulnera-

ble groups, the rights of affected people without recognized land use rights, the require-

ment of preparation of economic rehabilitation for severely affected households and vul-

nerable households; preparation of strategies to address the needs of minority ethnic

groups and women affected by land acquisition, and others - reflect those reflected in

ADB’s SPS (2009).

74. However, there are some differences between ADB resettlement policy and the govern-

ment’s legislation. Both Lao Law and ADB resettlement policy entitle APs to compensation

for affected land and non-land assets at replacement cost. However, definition of severely

affected APs varies between ADB (Operational Manual Section F1/OP, Para. 9) at 10% and

Decree 192/PM (Article 8) at 20% of income generating assets affected. Both Lao Law and

ADB resettlement policy entitle APs to compensation for affected assets at replace-

ment cost and other assistance so that they are not made worse off due to the

proposed Project. Decree 192/PM goes beyond ADB’s policy and provides APs living in rural

or remote areas, or APs in urban areas who do not have proof of land-use rights and who

have no other land in other places, will be compensated for their lost rights to use land and

for their assets at replacement costs and other additional assistance to ensure they are not

worse off due to the project. Should APs be found to be non-titled and required to re-

locate, the proposed Project will ensure they are provided replacement land at no

cost to the APs, or cash sufficient to purchase replacement land.


75. Key differences between ADB Resettlement Policy and Lao’s legislation, including measures

to address the differences, are outlined in Table 12 below.


Table 12. Differences between ADB and Lao’s Legislation, including Measures to Address the Differences

No. Items with Differ-

ence in Policies ADB Policy

Lao’s Legislation

(Decree 192/PM)

Policy applied in the subproject of Irrigation

Development in Vientiane Capital

1 Affected Persons Displaced persons are those who are physi-

cally displaced (relocation, loss of residential

land, or loss of shelter) and/or economically

displaced (loss of land, assets, access to as-

sets, income sources, or means of liveli-

hoods) as a result of (i) involuntary acquisi-

tion of land, or (ii) involuntary restrictions on

land use or on access to legally designated

parks and protected area.

Any person, entity or organization affected

by a project, who, due to land acquisition

or change in land use would have their

standard of living adversely affected;

house, land or resources temporarily or

permanently affected; business, occupa-

tion place of work or residence adversely

affected; community resources adversely

affected

Any person or persons, household, firm,

private or public institution that, on ac-

count of changes resulting from the sub-

project, will have its (i) standard of living

adversely affected; (ii) right, title or inter-

est in any house, land, water resources or

any other moveable or fixed assets ac-

quired, possessed, restricted or otherwise

adversely affected, in full or in part, per-

manently or temporarily; and/or (iii) busi-

ness, occupation, place of work or resi-

dence or habitat adversely affected, with

or without displacement. In the case of a

household, the term AP includes all mem-

bers residing under one roof and operating

as a single economic unit, who are ad-

versely affected by a subproject or any of

its components

2 Vulnerable House-

holds

Individuals and groups who may be differen-

tially or disproportionately affected by a pro-

ject because of their disadvantaged or vul-

nerable status. Vulnerable groups generally

include those below the poverty line, the

landless, women headed households without

any earning members, indigenous peoples,

those without security of tenure or legal title

to land, households with elderly and handi-

capped members

Vulnerable households include (i) divorced

or widowed female headed households

with dependents and low income; (ii)

households with disabled or invalid per-

sons; (iii) poor or landless households; (iv)

elderly households with no means of sup-

port.

Vulnerable households are (i) female

headed households with dependents; (ii)

disabled household heads; (iii) poor

households; (iv) children and the elderly

households who are landless and with no

other means of support; (v) landless

households; (vi) Indigenous people or eth-

nic minorities


No. Items with Differ-

ence in Policies ADB Policy

Lao’s Legislation

(Decree 192/PM)

Policy applied in the subproject of Irrigation

Development in Vientiane Capital

3 Severely Affected

Households

Being physically displaced from housing; los-

ing 10% or more of productive assets (in-

come generating)

Losing 20% or more of productive income

generating assets (loss of agricultural, in-

dustrial or commercial land) and means of

livelihood, employment or business, and

access to community resources

Being physically displaced from housing;

and/or losing 10% or more of productive

assets (income generating)

4 Compensation Full replacement costs. Land-based resettle-

ment strategies for displaced persons whose

livelihoods are land-based. Cash compensa-

tion if land is not available. Income and liveli-

hood restoration.

Replacement costs. Land for land compen-

sation for large land holdings affected.

Income restoration.

Full replacement costs. Cash compensation

for affected agricultural land and struc-

tures (the huts) upon land will be at re-

placement cost.

5 Compensation for

those without le-

gal title on land

Non-titled APs are not compensated for af-

fected land, but are eligible for compensation

of non-land assets and other assistance.

APs living in rural or remote areas, or APs

in urban areas who do not have proof of

land-use rights and who have no other

land in other places, will be compensated

for their lost rights to use land and for their

assets at replacement costs and other ad-

ditional assistance. APs is without legal

title on land and required to relocate will

be provided replacement land at no cost

or cash sufficient to purchase replacement

land.

Non-legal APs will not receive compensa-

tion for affected land.

However, if they have no other residential

land to stay, they will be allocated re-

placement land with leasehold tenure to

rebuild their house and will be compen-

sated at replacement cost for non-land

affected structures.

6 Voluntary

contributions

Negotiated settlements based on meaningful

consultation with APs; offering adequate and

fair price; it must be ensured that people

who enter into negotiated settlements will

maintain the same or better income and live-

lihood status

Only if marginal impacts (less than 20% of

productive assets) and do not result in dis-

placement. APs aware of entitlements.

Voluntary contributions are accepted only

where: (i) AP is direct beneficiary of the

project; (ii) the agricultural affected land

portion is less than 10% of the total pro-

duction land holding of the household; and

(iii) informed choice decision, transparent

and monitored process, based on Decree

192.


6.4. Project Principles

76. Principles of compensation, assistance and resettlement of the subproject of Irrigation De-

velopment in Vientiane Capital are as follows:

• Involuntary resettlement and impacts on land, structures and other fixed assets will be

avoided or minimized where possible by exploring all alternative options.

• APs without title or any recognizable legal rights to land are not compensated for the

affected land, but are eligible for resettlement assistance and compensation for non-

land assets at replacement cost.

• Compensation for affected land will be based on the principle of replacement cost at

the time of implementation. For affected structures, this will involve the costs for ma-

terials and labor at the time of compensation, with no depreciation or deduction for

salvageable materials.

• Where the structures are partially affected to the degree that the remaining portion is

not viable for its intended use, the subproject at the informed request of the AP, will

acquire the entire asset.

• The process and timing of land and other asset acquisition will be determined in con-

sultations with APs to minimize disturbance.

• Compensation for lost assets and all types of assistance to affected persons will be

paid in full - not by installments.

• Meaningful consultation will be carried out with the APs and concerned groups and

ensure participation from planning up to implementation. The comments and sugges-

tions of the APs and communities will be taken into account;

• The key information in the URP such as scope of land acquisition and impacts on other

assets of APs, compensation and assistance, detailed entitlements for affected house-

holds, grievance redress mechanism, compensation and assistance payments and re-

settlement schedule, etc will be disclosed to APs in Lao language including the distribu-

tion of PIB- prior to submission of the URP to ADB for review and approval;

• Resettlement identification, planning and management will ensure that gender con-

cerns are incorporatedincluding gender-specific consultation and information disclo-

sure. 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;

• An effective Grievance Redress Mechanism is established for hearing and resolving

grievances during implementation of the URP.

• Existing cultural and religious practices will be respected and, to the maximum extent

practical, preserved;

• Culturally appropriate and gender-sensitive social impact assessment and monitoring

will be carried out in various stages of the project;

• Budget for payment of compensation, resettlement and support will be prepared suffi-

ciently and made available during project implementation.

• Institutional arrangements will be in place to ensure effective implement of land ac-

quisition, compensation payment and resettlement with full participation of and con-

sultation with affected households;


• Reporting and external monitoring will be defined clearly as part of the management

system of resettlement. External assessment of the duration and results of the land re-

covery will be carried out;

• NPCO and PIO will not issue notice of possession to contractors until the external re-

settlement monitoring agency has officially confirmed in writing that (i) payment has

been fully disbursed to the APs; and (ii) already-compensated APs have cleared the ar-

ea in a timely manner.

ENTITLEMENTS, ASSISTANCE AND BENEFITS 44

G. ENTITLEMENTS, ASSISTANCE AND BENEFITS

7.1. Eligibility

77. Eligibility for compensation and assistance under subproject of Irrigation Development in

Vientiane Capital bases on the cut-off date.

78. The cut-off date of the subproject is the completion date of the census of affected person

carried out by Vientiane Capital and concerned District Resettlement Committees. It is 24

October 2010; 29 October 2010; and 4 November 2010 for Dongkhouy Village; Xanghoubor

Village; and Nalong and Makhiao Villages, respectively. The cut-off dates have been widely

announced to the AHs in the consultation meetings organized in the villages and posted in

the village's meeting house, the house of village heads and indicated in the PIBs delivered

the AHs. All the assets of individuals or households which are constructed after the date of

the village that announced will not be compensated.

79. For persons who have LURC or eligible to have LURC allocated following the current Gov-

ernment's regulations – are made full compensation and assistance for affected land and

assets upon land. For persons who have no LURC or not eligible to have LURC allocated,

compensation shall provide for the assets on land by replacement cost and entitled for re-

settlement assistance but not provided for the affected land.

80. All 239 households (1,146 persons) who have agricultural land affected by the subproject of

Irrigation Development in Vientiane Capital is the titled land users - they have LURC granted

for the land use; therefore, full compensation for affected land and assets upon land will be

provided to the households by the subproject.

7.2. Entitlements

81. Affected agricultural land of households by the subproject of Irrigation Development in

Vientiane Capital will be compensated by replacement cost.

82. In September 2015, a Replacement Cost Study (RCS) was conducted by inter-agencies of

Vientiane Capital, including Environment and Natural Resource; Finance, Construction, and

Public Works and Transport. Information on land transactions in three subproject districts

in general, in four affected villages in particular was collected for analysis.

83. As in the subproject area, transactions of agricultural land happen commonly as there are

buyers from Thailand coming to purchase agricultural land for paddy cultivation. The mark-

er-price of agricultural land is thus available. Replacement cost for agricultural land was es-

tablished by the market rate exchanged recently (current three months at time that the RCS

is conducted), plus with other transaction and administration fees. Based on the results of

RCS, Vientiane Capital Authority officially issued the Price-Frame for Compensation for Af-

fected Land and Assets of Flood Protection and Drought Mitigation Project in Vientiane

Capital (13 November, 2015).

84. Also in the RCS conducted in September 2015, replacement cost for structures was calcu-

lated by the market rate of construction materials (including transportation costs to the ar-

ea) and labour cost that is sufficient to reconstruct the structure as newly constructed

structure with the same quality and the same materials; plus with other administration

costs.

85. It is confirmed by APs in the consultation meetings organized in November, 2015 and in

February, 2016 that the issued compensation rate for agricultural land issued by Vientiane

Capital is equal to the market rate plus with other administration fees of agricultural land

transactions in the local and is sufficient to replace the affected structures (the huts) - and

it is documented in the minute of meetings.


86. For the affected trees, the issued price-frame by Vientiane Capital for various kinds of trees

will be applied for compensation. The Vientiane Capital issued rate for trees has been as-

sessed by AHs as equal to the market rate of trees in the local; therefore, it is agreeable for

the APs.

87. The following Entitlement Matrix shows the detail compensation, assistance that will be

applied to affected land and assets under the subproject of Irrigation Development in Vien-

tiane Capital.


Table 13. Entitlement Matrix

Type of Impact/Loss Eligibility Entitlements Implementation issues

A. Loss of Agricultural

Land (239 households)

Land users with LURC or

in the process of acquiring LURC or eligible

to obtain LURC according to the regula-

tions of the Government

(239 households)

• Cash compensation by replacement cost. • The issued rate for compensation for affected

agricultural land by Vientiane Capital Authority

will be applied.

• LURC will be adjusted without any charges and

fees to the households.

B. Affected Structures

(03 households)

Households who have the huts affected(03

households)

• Compensating for demolished area at replace-

ment cost for new construction for the area as

issued by Vientiane Capital.

• As the entire huts will be demolished, compen-

sation for the entire huts will be made

C. Affected Public

structures

Electricity poles of Lao Electricity (05 poles)

• All removal related costs for electricity poles will

be paid by the subproject.

• Removal costs are calculated by Lao Electricity

based on technical standard/safety require-

ments issued by Lao Government.

D. Affected Trees (70

households)

Households who have trees affected (70

households)

• Compensation by market rate issued by Vienti-

ane Capital

• Cost for various trees issued by Vientiane Capital

Authority


7.3. Addressing Gender Issues

88. The sub-project includes the following specific actions to address gender issues:

• Both men and women participated in and will continue participating in public meetings

during consultation on the approved URP, participating in compensation and monitor-

ing of URP implementation.

• In each subproject village, a male and a female are representatives of the AHs of the

village in the established Grievance Redress Committee and will participate in meet-

ings for resolutions of grievances and complaints.

• Gender issues will be included in the training on project implementation by Loan Im-

plementation Consultant to concerned personnel of the NPCO, PIO, District Resettle-

ment Committees and mass-organizations.

• Disaggregated monitoring indicators by gender will be developed for monitoring social

benefits, economic opportunities, livelihood, and resettlement activities as well as in

the restoration of livelihoods and living standards during post-Project implementation.

• The adjusted land use right certificate will be in the names of both spouses.

7.4. Assistance for Vulnerable Groups

89. According to the census data, DMS and SES results, there is no vulnerable household among

the AHs by the subproject of Irrigation Development in Vientiane Capital. Assistance for

vulnerable households, therefore, is not required.

RELOCATION OF HOUSING AND SETTLEMENT 48

H. RELOCATION OF HOUSING AND SETTLEMENT

90. As the subproject of Irrigation Development in Vientiane Capital will not impact on residen-

tial land or any house constructed on affected agricultural land of the households, reloca-

tion of housing and settlement, therefore, is not required.

INCOME RESTORATION AND REHABILITATION 49

I. INCOME RESTORATION AND REHABILITATION

91. According to the results of DMS, on average, the subproject will impact on 1,805 m2 of ag-

ricultural land per affected household, taking account of 7,1% of the household total pro-

duction landholding. There is no household who have from more than 10% of total produc-

tion landholding affected. The subproject, as aforementioned, will not impact on residential

land or any house constructed on affected agricultural land of the households; in addition,

there is no vulnerable household among the affected households by the subproject; income

restoration and rehabilitation, therefore, is not required.

RESETTLEMENT BUDGET AND FINANCING PLAN 50

J. RESETTLEMENT BUDGET AND FINANCING PLAN

92. The total calculated budget for compensation and resettlement of the subproject of Irriga-

tion Development in Vientiane Capital is LAK 3,316,990,600, equivalents to$ 414,624. The

amount includes cost for compensation for affected land and structures of the affected

households, removal of electricity poles and for contingency (10%).

93. Budget calculation presented in this URP for the subproject is based on the DMS that con-

ducted from 8-24 October 2015; the Price-Frame for Compensation for Affected Land and

Assets of Flood Protection and Drought Mitigation Project in Vientiane Capital issued by

Vientiane Capital Authority (13 November, 2015), and consultation results with affected

households and subproject District Authorities . The resettlement budget will be trans-

ferred from MOF to PIO (DAFO) and then to District Resettlement Committees of Hadxay-

fong, Xaythany and Park Ngum Districts for implementation of land acquisition and reset-

tlement. NPCOwill cooperate with MOF to ensure that the budget will be transferred ade-

quately and in a timely manner for implementation of compensation.

Table 14. The Calculated Costs for Compensation for the Subproject

Item Affected Assets Affected

Amounts Compensation Rates (LAK) Subtotal (LAK)

I Affected

Agricultural

Land (239 HHs)

431,580 m2

1. For Dongkhuay and Sanghuabor Villages

2,993,830,000

- 41,910 m2 x 5,000/m

2 = 209,550,000

- 149,460 m2 x 10,000/m

2 = 1,494,600,000

2. For Makhiao and Nalong Villages

- 158,000 m2 x 4,000/m

2 = 632,000,000

- 82,210 m2 x 8,000/m

2 = 657,680,000

II Affected Structures

2.1. Affected

Huts (3 HHs)

62 m2 1. 2 huts x 700,000/hut = 1,400,000

1,500,000 1. 1 hut x 200,000/hut = 100,000

2.2. Affected

Electricity Poles

(5 poles)

5 poles 1. 5 poles x 2,500,000/pole = 12,500,000

12,500,000

III Affected Trees (70 HHs)

3.1. Fruit Trees 45 trees 1. 13 trees x 10,000/tree = 130,000

1,546,000 2. 3 trees x 36,500/tree = 109,500

3. 25 trees x 39,500/tree = 987,500

4. 2 trees x 44,500/tree = 89,000

5. 1 tree x 50,000/tree = 50,000

6. 1 tree x 180,000/tree = 180,000

3.2. Timber

Trees

1,015 trees 1. 35 trees x 10,000/tree = 350,000

1,546,000 2. 883 trees x 20,000/tree = 17,660,000

3. 46 trees x 30,000/tree = 1,380,000

4. 38 trees x 100,000/tree = 3,800,000

5. 13 trees x 150,000/tree = 1,950,000

3.3. Other trees 687 trees 1. 1 tree x 60,000/tree = 60,000

4,524,000 2. 4 trees x 50,000/tree = 200,000

3. 2 trees x 20,000/tree = 40,000

4. 36 trees x 10,000 /tree = 360,000

5. 644 trees x 6,000 /tree = 3,864,000

Total

3,316,990,600

Equivalent to

$ 414,624

INSTITUTIONAL ARRANGEMENTS 51

K. INSTITUTIONAL ARRANGEMENTS

11.1 Responsibilities of relevant agencies

Ministry of Agriculture and Forestry

94. The Ministry of Agriculture and Forestry (MAF) is the executing agency. MAF delegates re-

sponsibility for the overall management and coordination to the Department of Irrigation

(DOI) which establishes a National Project Coordination Office (NPCO) led by a National Pro-

ject Coordinator in Vientiane.

95. The NPCO is the responsible ministerial authority for resettlement planning and implemen-

tation, include:

• Assist the PIO (DAFO) in preparing of resettlement plan for the subproject.

• Review and approve subproject RP submitted by the PIO;

• Approve subproject RP after obtaining concurrence from ADB;

• Develop and implement a training program for PIO, concerned resettlement commit-

tees, mass-organizations and village leaders regarding URP implementation (principles,

steps, entitlements provision, complaint handling, etc);

• Oversee the disclosure of resettlement related documents and consultation with af-

fected persons and key stakeholders during URP implementation;

• Allocate necessary RP budget; ensure that budget for compensation, assistance and

resettlement are available and in a timely manner;

• Periodically supervise RP implementation progress and report to ADB and MAF.

• Serve as a grievance level and monitor/track/report on grievances related to the im-

plementation of the URP;

• Coordinate the work of the External Resettlement Monitoring Agency;

• Review of monitoring reports and implementation of remedial actions, and reports on

implementation of URP for submission to MAF and ADB;

96. A Safeguards Unit is attached to the NPCO (two Social Safeguard officers and two Environ-

mental Safeguards Officers) to ensure that resettlement-related activities are properly

planned, implemented and monitored. The designated Social Safeguards Officers of the

Safeguards Unit will be responsible for organizing the subproject districts and villages to

carry out the activities designated in this RP.

Department of Agriculture and Forestry under Vientiane Capital

97. The implementing agency of subproject of Irrigation Development in Vientiane Capital is

the Department of Agriculture and Forestry (DAFO) under Vientiane Capital.

98. A Safeguards Unit (two Social Safeguard officers and two Environmental Safeguards Offic-

ers) is established within DAFO to coordinate with NPCO and resettlement committees for

planning and implementation of resettlement. Responsibilities of DAFO include:

• Coordinate with District Resettlement Committees of Hadxayfong, Xaythany and Park

Ngum Districts and other relevant agencies in conducting of consultation, DMS, RCS,

information disclosure, etc.

• Prepare subproject RP to submit to NPCO

• Coordinate with Vientiane Capital and District Resettlement Committees in implement-

ing of approved RP.


• Conduct internal monitoring of URP implementation and evaluation and ensure that

resettlement-related activities are carried out in accordance with the URP agreed be-

tween MAF and ADB.

• Coordinate the work of the External Resettlement Monitoring Agency;

• Coordinate with District Resettlement Committees of Hadxayfong, Xaythany and Park

Ngum Districts and NPCO to implement of remedial actions and report the issues to

NCPO.

Vientiane Capital Resettlement Committee

99. Vientiane Capital Resettlement Committee have following responsibilities in the URP im-

plementation:

• Together with the District Resettlement Committees of Hadxayfong, Xaythany and

Park Ngum Districts to conduct, review and confirm the final DMS result.

• Together with the concerned District Resettlement Committees to conduct consulta-

tion and undertake final agreement with APs on compensation, assistance and reloca-

tion.

• Provide guidance to District Resettlement Committees of Hadxayfong, Xaythany and

Park Ngum Districts on implementation of URP.

District Resettlement Committees of Hadxayfong, Xaythany and Park Ngum Districts

100. The District Resettlement Committees will have the following responsibilities in URP im-

plementation:

• Coordinate with Vientiane Capital Resettlement Committee, NPCO and DAFOin dis-

semination of information on the URP to the AHs and communities;

• Work with DAFO in collecting data and information of affected households and com-

munities.

• Together with DAFO to calculate of detailed compensation to the households and to

undertake final agreement with APs on compensation and land acquisition.

• Organize, plan and carry out land recovery and compensation in the district on behalf

of the District Authority - ensure the timely delivery of payments of compensation to

affected persons as envisaged in the approved URP;

• Conduct consultation and participation activities, and coordination with various stake-

holders in implementing of URP;

• Coordinate the work of the External Resettlement Monitoring Agency for monitoring

and evaluation of URP implementation for the subproject in the district;

Village Taskforce

101. In each affected village, a taskforce is established. The roles of the taskforce at the village

level include:

• Assist the resettlement committees in organizing of consultation and information dis-

closure, particularly in disseminating of information on URP to affected households

and communities.

• Assist the concerned district resettlement committee and DAFOin making payment of

compensation to the affected households and in relocating of affected household.

• Assist to and participate internal and external monitoring activities.


Project's Social Safeguard Supporting Team

102. The Project's Social Safeguard Supporting Team that consists of an International Resettle-

ment and Social Safeguard Specialist and a National Resettlement and Social Safeguard

Specialist has been mobilized by NPCO. The Project's Social Safeguard Supporting Team has

the following tasks:

• Assist NPCO, DAFO, resettlement committees and village authorities in the conduct of

the information campaigns, public consultation and community participation - particu-

larly information dissemination and consultation on the approved URP.

• Provide necessary trainings for resettlement committees, DAFO, mass-organizations

and village leaders on URP implementation steps and requirements, particularly on

grievance.

• Establish and implement procedures for ongoing internal monitoring; assist in prepar-

ing monitoring reports;

• Train NPCO and DAFO assigned social safeguards specialists to carry out internal moni-

toring and reporting of the URP implementation;

• Conduct periodic spot checks on the URP implementation, and prepare quarterly pro-

gress reports to be submitted to NPCO.

11.2. Capacity of Relevant Agencies on Implementation of Resettlement

103. Among the agencies that are involved with land acquisition and resettlement for the sub-

project of Irrigation Development in Vientiane Capital, only Vientiane Capital Resettlement

Committee has experiences on resettlement planning and implementation for the projects

financed by international development and funding agencies. Recently, the Vientiane Capi-

tal Resettlement Committee has completed resettlement planning and implementation for

the Provincial Infrastructure Project (World Bank funded Project - Loan 3131) and the Small

Town Water Supply Project (ADB funded Project - SF 1710).

104. During the PPTA, a training on resettlement planning and implementation for ADB funded

Projects - with focus on subproject of Irrigation Development in Vientiane Capital, has been

organized to relevant staffs of NPCO, DAFO, Vientiane Capital Resettlement Committee and

the District Resettlement Committees of Hadxayfong, Xaythany and Park Ngum Districts.

The principles, procedures, requirements and other related issues to resettlement planning

and implementation of projects funded by ADB have been discussed in the training.

Pictures 6 and 7: Training on Resettlement Planning and Implementation Organized in 2015


105. Relevant agencies have capacity improved for resettlement planning and implementation.

However, there is still a need to provide a refresher training for the relevant staff of NPCO,

DAFO, Vientiane Capital Resettlement Committee, the District Resettlement Committees of

Hadxayfong, Xaythany and Park Ngum Districts, mass-organizations and village leaders on

URP implementation, monitoring and grievance redress. Capacity building for the agencies

will be implemented before URP implementation - and this task will be carried out by the

Social Safeguard Supporting Team.

IMPLEMENTATION SCHEDULE 55

L. IMPLEMENTATION SCHEDULE

106. The implementation progress of land acquisition and resettlement of the subproject of Irri-

gation Development in Vientiane Capital is as follow:

Administrative and institutional arrangements

• Capacity building for relevant staff: Social Safeguard Supporting Team will develop and

implement a capacity building on consultation and implementation of the URP for rel-

evant staff of NPCO, DAFO, Vientiane Capital Resettlement Committee, District Reset-

tlement Committees of Hadxayfong, Xaythany and Park Ngum Districts, mass-

organisations and village leaders. The capacity building program will cover various

trainings and following up activities. Trainings will discuss the regulations of Govern-

ment on land acquisition and resettlement; ADB's resettlement policy; provisions of

the approved URP (principles, entitlements, consultation with and participation of af-

fected households and community in resettlement implementation process, payment

of compensation, grievance redress mechanism, roles and responsibilities of con-

cerned agencies in resettlement implementation, resettlement monitoring and evalua-

tion, etc.). Follow-up activities will include helping DAFO and resettlement committees

on preparing of detailed compensation calculations and implementing of compensa-

tion for affected households; supporting NPCO, DAFO and District Authority in con-

ducting of internal resettlement monitoring; helping NPCO staff in preparing of reset-

tlement monitoring reports; assisting the Grievance Redress Committee in solving

complaints and grievance related to land acquisition and resettlement, etc.

Implementation and monitoring of URP

• Disclosure of the approved URP: Meetings with affected households, communities, vil-

lage and district authorities, Vientiane Capital Resettlement Committee, and con-

cerned District Resettlement Committees will be organised to disclose the approved

URP. The information that will be provided in the meetings include the principles and

entitlements, implementation schedule for compensation; participation of affected

households and community in resettlement implementation process, grievance re-

dress mechanism, resettlement monitoring and evaluation, etc. The approved URP will

be placed in the meeting house of villages, house of the heads of village leaders and

the headquarters of concerned subproject Districts, and posted in the accessible public

places and uploaded in MAF and ADB's websites.

• Prepare of detailed compensation calculation for the affected households: Based on

the DMS results by the households and issued compensation rates by Vientiane Capital

Authority for affected land and assets, calculation of detailed compensation for the

households will be prepared. The detailed compensation for the affected households

will be posted in the public places for at-least 20 days for comments of the affected

households, communities and concerned agencies. Offer sheets will be sent to the af-

fected households. If affected households have any complaint or grievance, they can

lodge the case following to the discussed Grievance Redress Mechanism.

• Disbursement of compensation: concerned District Resettlement Committees will to-

gether with DAFO to pay of compensation to the affected households consistently with

the provisions of the approved URP.

• Monitoring and evaluation of resettlement implementation: NPCO, DAFO and Con-

cerned District Authorities will carry out of internal resettlement monitoring. The ex-

ternal resettlement monitoring agency (EMA) will conduct external resettlement moni-

toring and evaluate URP implementation. The EMA will produce semi-annual monitor-

ing reports to be submitted to MAF and ADB. A post-resettlement evaluation will be

IMPLEMENTATION SCHEDULE 56

carried out by the EMA within 06 months after completion of compensation and reset-

tlement activities.

Table 15. Schedule of URP Implementation

Resettlement Activities Time-Frame

Capacity Building

Conducting of trainings to relevant agencies Week 4th of March, 2016

Implementation of URP

Disclosure of URP Week 4th of March, 2016

Calculation of detailed compensation for affected

households

Week 4th of March, 2016

Disclosure of calculation of detailed compensation of

households

Weeks 1st, 2nd and 3rd of April, 2016

Approval of calculation of detailed compensation of

households

Week 4th of April, 2016

Disbursement of Compensation Weeks1st and 2nd of May, 2016

Consultations and Grievance Resolution

Consultations Continuous consultation activities

Until resolution Grievance Resolution

Monitoring and Evaluation of URP Implementation

Engage External Monitoring Agency (EMA) March, 2016

Internal Monitoring Reports From May, 2016 and quarterly monitoring

External Resettlement Monitoring May, 2016, quarterly internal monitoring reports to

be submitted

Post-resettlement evaluation June 2017

Civil Works

Commencement June, 2016

Completion 24 months from June, 2016

MONITORING AND REPORTING 57

M. MONITORING AND REPORTING

107. Implementation of resettlement of subproject of Irrigation Development in Vientiane Capi-

tal will be monitored regularly to ensure that the approved URP is implemented as planned

and that mitigating measures designed to address adverse social impacts are adequate and

effective. Towards this end, both internal and external resettlement monitoring will be car-

ried out.

108. Resettlement monitoring reports (include internal and external resettlement monitoring

reports) will be shared to village leaders, concerned district authorities, DAFO and MAF.

The reports will also be posted in accessible public places and uploaded to MAF and ADB’s

websites.

13.1 Internal monitoring

109. Internal resettlement monitoring will be carried out by NPCO, DAFO and Concerned District

Authorities (Hadxayfong, Xaythany and Park Ngum Districts). The aforementioned agencies

will perform internal resettlement monitoring by (i) meeting with village leaders, and rep-

resentatives of mass organizations; and (ii) holding group discussions with affected house-

holds. The focus of internal resettlement monitoring will be as follows:

• Confirmation of the number of affected households and scope of land acquisition im-

pact by the subproject.

• Progress in the implementation of resettlement: amounts disbursed in compensation

and date these are given to the affected households, and progress in payment of com-

pensation and land acquisition progress vis-à-vis the schedule of resettlement indicat-

ed in the approved URP.

• Information dissemination and public participation: number of public consultation-

meetings held during dissemination of calculation of detailed compensation; the num-

ber of affected households participated in the meetings; comments, suggestions and

concerns of the affected households and how these have been addressed.

• Smooth transition period between the completion of relocation activities and the start

of civil works.

• Grievance redress: number of affected households with complaints, nature of the

complaints, resolutions of the complaints; assessment of efficiency of the grievance

redress mechanism.

• Gender concerns: participation of women in meetings and in implementation of reset-

tlement; concerns of women in connection with their resettlement and resolution of

their grievances.

110. Internal resettlement monitoring will start from May 2016. DAFO and concerned District

Authorities will share the internal resettlement monitoring reports to NPCO. NPCO will in-

corporate inputs of the internal resettlement monitoring reports of DAFO and the District

Authorities to NPCO's internal resettlement monitoring findings to submit to ADB and MAF

on the quarterly basis.

13.2 External monitoring

111. The EMA will be engaged from March 2016 and perform of external resettlement monitor-

ing from May 2016. The main purpose of external resettlement monitoring are to (i) moni-

tor and examine whether resettlement is implemented compliantly to the provisions of the

approved URP; (ii) evaluate the impacts of resettlement on affected households and (iii) as-

sess whether or not the mitigating measures identified and planned out in approved URP


are adequate in helping affected households to restore their income and livelihoods. The

EMA - as the scope of land acquisition impact is minor, will carry out two (02) external mon-

itoring (in May and in December, 2016) and one post-resettlement evaluation (in June,

2017).

112. The external resettlement monitoring specialists will focus on the following specific issues

and indicator:

• DMS Implementation

o Examine if the DMS is carried out correctly and if the results of DMS is disclosed

properly.

o Monitor if complaints or questions of affected households on the DMS results are

settled timely and satisfactorily.

• Consultations with affected households and their knowledge on the entitlements

o Examine if relevant documents (updated URP, issued documents by relevant agen-

cies that related to land acquisition, compensation, calculation of detailed com-

pensation) are disclosed properly and provided to the affected households.

o Check whether affected households are informed and consulted adequately about

the resettlement principles and entitlements, schedule of resettlement implemen-

tation; and grievance redress.

• Compensation provisions

o Monitor if affected households are compensated adequately and satisfactorily to

replace the assets affected before land is acquired.

o Examine if compensation for affected land and structures are at replacement cost.

o Level of income and livelihood restored of the affected households after land ac-

quisition and compensation.

• Level of satisfaction of affected households.

o Assess the level of satisfaction of affected households in different aspects in URP

implementation (information dissemination and public consultation, DMS, com-

pensation unit rate, compensation payment etc.).

o Assess the level of satisfaction of affected households on the grievance redress

mechanism and grievance redress.

• Coordination between the resettlement activities and construction schedule

o Check whether civil works started when (i) land acquisition and resettlement activ-

ities (compensation) for the specific location of the subproject have been complet-

ed; and (ii) the acquired land is free from any encumbrances and no pending com-

plaints and grievances are left unresolved.

• Gender Issues

o Examine of participations of women in various land acquisition and resettlement

activities; impacts of land acquisition and resettlement on women’s livelihoods; is-

sues of income restoration of women.

113. The EMA will submit the following reports to NPCO and ADB (submit to NPCO and ADB in

parallel):


• Inception Report: 01 report (with 2 copies of English version and 3 copies of Lao lan-

guage version).

• Monitoring Report: 02 reports for two regular monitoring (with a total of 4 copies of

English versions and 6 copies of Lao language versions)

• Post-Resettlement Evaluation Report: 01 report (with 2 copies of English version and 3

copies of Lao language version).

114. NPCO will share the internal and external resettlement monitoring reports to village lead-

ers, District Resettlement Committees, DAFO, and relevant agencies. The reports will be

posted in public places and uploaded to MAF and ADB’s websites.

APPENDICES 60

APPENDICES

Appendix 1. Sample of Completed DMS Form of an Affected Household

APPENDICES 61

APPENDICES 62

Appendix 2. Sample of Completed SES Form

APPENDICES 63

APPENDICES 64

APPENDICES 65

APPENDICES 66

Appendix 3: Project Information Booklet

Project Information Booklet

Subproject of Irrigation Development in Vientiane Capital

I. Introduction on Subproject of Irrigation Development in Vientiane Capital:

Subproject of Irrigation Development in Vientiane Capital intends to construct four pump irriga-

tion schemes along Mak Hiao River at Dongkhuay, Nalong, Sanghuabor and Makhiao villages. The

subproject's construction activities will include:

• Construction of 13,610 m length of lined main canal; 23,815 m length of secondary canal

made of bricks; and 3,200 m length of tertiary canal also made of bricks.

• Four pumps and weirs will be installed along the Makhiao River. To flash-out flood water

during rainy season and abet flooding, two drainage pumps will be installed at Makhiao 1

and Huay Dua.

• Dual type flood control gates (sluice and flap gates) will be constructed at three locations:

Mak Hiao-2, Simmano and Xiang Khoung villages. The flap gates will check back waters

from the Mekong River during flooding, thus; protect agricultural lands and settlements

areas while the sluice gates are intended for storing water in streams for irrigation during

dry season.

The scheme in Sang Huabor Village

The Sang Huabor Scheme will provide irrigation by pumping water from the Mak Hiao River. The

pumping station will be installed at the boundary of the Farm Pond near the village. The existing

paddy fields are being irrigated through farm pond with water surface of about 22.7 ha. The wa-

ter from the farm pond can be diverted to the lowland area from the Mak Hiao River when the

water level is high. The depth of the farm pond is very shallow to impound and reserve water.

The main canal for San Huabor irrigation scheme is a line-canal with a length of about 2,950 m

length. The lengths of the secondary and tertiary canals are 6,650 and 1,300 m length, respec-

tively. It will have a total irrigable area of about 300 ha.

Figure 6. General Layout of Sanhuabor Irrigation Scheme

APPENDICES 67

The scheme in Dong Khuay Village

The pump that will be installed for Dongkhuay village will have a capacity of 0.35 m3/s. The total

length of main canal is approximately 4,400 meters while the secondary canal has a total length of

3,700 meters. Dong Kuay has an irrigable area of about 474 ha.

Figure 7. General Layout of Dongkhuay Irrigation Scheme

The scheme in Nalong Village

Nalong Village will have three pumps installed. The lined main canal has a length of 2,500 meters,

the secondary canal is made of bricks and has a length of 8,750 meters while the tertiary canal

will also be constructed with bricks and will have a total length of 1,900 meters. The total irriga-

ble area of Nalong is 545 ha.

Figure 8. General Layout of Nalong Irrigation Scheme

The scheme in Makhiao Village

The Makhiao Irrigation Scheme will irrigate about 223 has of land. Its lined main canal has a

length of 3,760 meters while the secondary canal that will be built with bricks has a total length of

4,715 meters.

APPENDICES 68

Figure 9. General Layout of Makhiao Irrigation Scheme

II. Land Acquisition Impacts ofIrrigation Development in Vientiane Capital Subproject:

Land acquisition impacts of the subproject include:

• 239 households (1,146 persons) have agricultural land affected. Total affected land area is

431,580 m2. On average, each household has 1,805 m2 acquired.

• For the temporary impact on land, a total of 6,046 m2 of public land under management

of village authorities as reserved/unused land will be temporarily required during con-

struction for construction materials storage and construction camps.

• 1,747 trees including 45 fruit trees; 1,015 timber trees and 687 other trees of 70 house-

holds (392 persons) will be cut-down.

• Three households (17 persons) who have the huts affected

• 05 low-voltage electricity poles that managed by Lao Electricity.

Your rights:

o Eligibility for compensation and assistance under subproject of Irriga-

tion Development in Vientiane Capital bases on the cut-off date.

o The cut-off date of the subproject is the completion date of the census

of affected person carried out by Vientiane Capital and concerned Dis-

trict Resettlement Committees. It is 24 October 2010; 29 October

2010; and 4 November 2010 for Dongkhouy Village; Xanghoubor Vil-

lage; and Nalong and Makhiao Villages, respectively. All the assets of

individuals or households which are constructed after the date of the

village that announced will not be compensated.

o Check the signed DMS form of your household: If you find any affected

land area or assets (structures, trees, etc), even you signed on the form

before already - inform the village leader or the District Resettlement

Committee immediately or phone to the number that provided at end

of this PIB.

o If you/your household have business and/or income affected but not

has been specified in the DMS form, please inform the village leader or

APPENDICES 69

the District Resettlement Committee immediately or phone to the

number that provided at end of this PIB.

III. Eligibility and Entitlements for Compensation and Assistance:

• If you/your household have land and or assets affected by Irrigation Development in Vien-

tiane Capital Subproject, compensation shall follow the provisions specified in the below

Table:

APPENDICES 70

Type of Impact/Loss Eligibility Entitlements Implementation issues

A. Loss of Agricultural

Land (239 households)

Land users with LURC or

in the process of acquiring LURC or eligible

to obtain LURC according to the regula-

tions of the Government

(239 households)

• Cash compensation by replacement cost. • The issued rate for compensation for affected

agricultural land by Vientiane Capital Authority

will be applied.

• LURC will be adjusted without any charges and

fees to the households.

B. Affected Structures

(03 households)

Households who have the huts affected

(03 households)

• Compensating for demolished area at replace-

ment cost for new construction for the area as

issued by Vientiane Capital.

• As the entire huts will be demolished, compen-

sation for the entire huts will be made

C. Affected Public struc-

tures

Electricity poles of Lao Electricity (05

poles)

• All removal related costs for electricity poles

will be paid by the subproject.

• Removal costs are calculated by Lao Electricity

based on technical standard/safety require-

ments issued by Lao Government.

D. Affected Trees (70

households)

Households who have trees affected (70

households)

• Compensation by market rate issued by Vienti-

ane Capital

• Cost for various trees issued by Vientiane Capi-

tal Authority

Your rights:

o Check the loss of you and your household (land and assets, including business and income) by the Irrigation Development in

Vientiane Capital Subproject and the eligibility and provisions for compensation and assistance in the above Table - your/your

household's loss shall be compensated and assisted compliantly with the provisions for compensation specified in the Table. If

not, please inform to the District Resettlement Committee or grievance redress committee or use the grievance redress mech-

anism that mentioned in this PIB.

o If you have any loss that the provisions for compensation and assistance are not yet specified for in the Table, please inform

the District Resettlement Committee immediately.

o If any issues (eligibility, provisions of compensation etc.) are not clear, please ask the District Resettlement Committee to re-

spond you in writing. You also can seek explanation or confirmation of the grievance redress committee.

APPENDICES 71

IV. Implementation Schedule

• The implementation schedule of land acquisition and compensation including the civil

works, of the Irrigation Development In Vientiane Capital Subproject is as follow:

Resettlement Activities Time-Frame

Capacity Building

Conducting of trainings to relevant agencies Week 4th of March, 2016

Implementation of URP

Disclosure of URP Week 4th of March, 2016

Calculation of detailed compensation for affected

households

Week 4th of March, 2016

Disclosure of calculation of detailed compensation

of households

Weeks 1st, 2nd and 3rd of April, 2016

Approval of calculation of detailed compensation

of households

Week 4th of April, 2016

Disbursement of Compensation Weeks 1st and 2nd of May, 2016

Consultations and Grievance Resolution

Consultations Continuous consultation activities

Until resolution Grievance Resolution

Monitoring and Evaluation of URP Implementation

Engage External Monitoring Agency (EMA) March, 2016

Internal Monitoring Reports From May, 2016 and quarterly monitoring

External Resettlement Monitoring May, 2016, quarterly internal monitoring reports

to be submitted

Post-resettlement evaluation June 2017

Civil Works

Commencement June, 2016

Completion 24 months from June, 2016

V. Grievance Redress Mechanism

• If you or your household has complaint or grievance, the following steps should be fol-

lowed:

• Step 1: As a first step, all complaints and grievances by the APs would be addressed

through consultation and in participatory manner at the first instance they are

brought to the notice of Grievance Redress Committee (within the District Resettle-

ment Committee). The head of the Grievance Redress Committee, in consultation with

its members and the complainant, will response to complaints within 15 days.

• Step 2: If the complainant does not agree with the response or administration deci-

sions that they complaint to, complainant can lodge their first grievance directly to the

NPCO. NPCO, in consultation with PIO and the concerned District Resettlement Com-

mittee- will response to the complaints within 15 days.

• Step 3: If the complaint is not satisfied with response/decision or the person/ agency

does not respond within the provided time period; within 20 days counting the date

that the person/agency must respond but not respond - complaints can lodge their

case to the court.

APPENDICES 72

Your rights:

o None of the described above processes shall require you or your

household to spend your/your household own money or incur

other losses as a result.

o Ultimately if you or your household as an affected person is dis-

satisfied with actions, you or your household may send the case

directly to ADB’s Southeast Asia Department (SERD) through

ADB Lao Resident Mission (Corner of Lanexang Avenue, Samsen-

thai Road., P.O. Box 9724 Vientiane, Lao PDR; Tel: +856 21

250444; Fax. +856 21 250333).If you or your household is still

not satisfied with the responses of the SERD, you or your house-

hold can directly contact (phone or mail - in Lao language) the

ADB's Office of the Special Project Facilitator as outlined in the

Information Guide to the Consultation Phase of the ADB Ac-

countability Mechanism. Contact details of ADB's Office of the

Special Project Facilitator are as below:

o Project Facilitator of Asian Development Bank

o 6 ADB Avenue, Mandaluyong City 1550Metro Manila, Philip-

pines; Tel: + 632 632 4825 +632 636 2490

• For information and clarifications, please contact to:

o Ms. Larlavone Pheangsoulid, DAFO: Tel: 02029960023

o Mr. Phetsamai Keopanya, NPCO: Tel: 02098578739

APPENDICES 73

Appendix 4: Photos of consultation meetings

APPENDICES 74

Appendix 5: Minutes of Consultation Meetings

Lao’s People Democratic Republic

Peace Independence Democracy Unity Prosperity

Minute of Meeting

Meeting of Hadxayfong District Resettlement Committee and Project Implementing Office

with Affected Households by Subproject of Irrigation Development in Vientiane Capital (19

November, 2015).

Item Name and Surname Positions Responsible Phone

number

1 Dr. Anouphap Tanulom Vice of Provincial

Governor Chairman

2 Mr. Nuandeng Lasavong Vice of DOI Vice 55400916

3 Mr. Hounglar Sengmueang Chief of DOW Vice 22251688

4 Duangsavanh Chief of DAF Vice 55639041

5 Hatxayfong District Chief of DG Vice 22415359

6 Xaythany District Chief of DG Vice

7 Pakngum District Chief of DG Vice 22212921

8 Dr. Khamphachan Vongsana FDRMP coordinator Committee 55554683

9 Mr. Soukkaserm Dalasan Chief of embankment Committee 22228809

10 Mr. Saykham Phengkhammy Chief of irrigations Committee 55502301

1 District Administration Office 021732001

2 Mr. Chanthala Inthalangsy Chief of DG Chief

3 Dr. Larsay Nuanthasing Vice Chief of DG Chief 22241173

4 Mr. Syvilay Luanglat Chief of DAO Vice

5 Mr. Banlom Syakkhason Chief of District AFO Vice 55519913

6 Mr. Phaeng Phaphimphar Chief of NREO district Committee 55614215

7 Mr. Khamphong Phengsysomboun Chief of MPWT Committee 22248884

8 Mr. Sython Khiewnamvong Chief of Security office Committee 22225503

9 Mr. Nuanlaseng Netthongsavan Chief of

Advertisements Committee

55315549

10 Mrs. Pan Khounmysai Chief of female office Committee 55010413

11 Mrs. Anunthida Songchuksin Chief of youth office Committee

12 Mr. Somchid Asitniphap Chief People Laos Committee 55919287

APPENDICES 75

Item Name and Surname Positions Responsible Phone

number

party

13 Sanghuabor Village Chief village Committee

14 Dongkhuay Village Chief village Committee


2 Mr. Bountham Phoutthavongsa Chief of DG Chief 22415359

3 Mr. Kan Vorlasan Vice Chief of DG Chief 55510753

4 Mr. Bouasai Lounnavongsa Chief of DAO Vice 56537321

5 Mr. Phouthong Latthanavong Chief of District MPWT Vice 22203728

6 Mr. Somwery Thammakhod Chief of AFO Committee 22442236

7 Mr. Nakhonephet Khamtan Chief of NREO district Committee 22232254

8 Mr. Khamfone Manyvan Chief People Laos

party Committee

9 Mrs. Nalone Sysulat Chief of


55309480

10 Mrs. Kongseng Phimmasone Chief of female office Committee 56505854

11 Mrs. Sonepaseuth Suvannamueng Chief of youth office Committee 22236821

12 Mr. Bounsy Nanthavong Vice Chief of Security

office Committee

13 Mr. AngKham Khamtanpaseuth Committee 77716859

14 Mr. Bounpheng Kankeo Chief Justice Office Committee 55424656

15 Nalong Village Chief village Committee 98074480


2 Mr. VongdueanBounyaseng Chief of DG Vice 22212921

3 Mr. Kongmy Sysamoud Vice Chief of DG Chief 22212923

4 Mr. ThodsakanKaisonephet Chief of District AFO Vice 22212924

5 Mr. PhouviengBoudmyxay Chief of MPWT Vice 22409293

6 Mr. Chanhom Keosulaxay Chief of Security office Committee 22226851

7 Mr. Sommaiy Sybounhueng Chief People Laos

party Committee

22235008

8 Mrs. Khamphouva Sysamoud Chief of female office Committee

9 Mr. Tuikham Sirivong Chief of youth office Committee 55339572

10 Mr. Boualien Keomahavong Chief of


11 Mr. Somsai Lasasy Chief of NREO district Committee 22059537

12 Dongkhuay Village Chief village Committee 55319952

After presenting the issues, including (i) introduction of the subproject and potential benefits

of the subproject; (ii) scope of impacts on land acquisition by the subproject; (ii) principles of

resettlement and the entitlements applied for the subproject; (ii) detailed implementation

schedule for land acquisition, compensation and civil works; and (iii) grievance redress mecha-

nism -the agreement of meeting attendants are as below:

• The issued compensation rate by Vientiane Capital Authority for affected agricultural

land and structures are suitable - that equal to the market rate in the area. Thus, the

issued rate shall be applied in calculating of compensation for affected land and struc-

tures (the huts) and all the trees.

APPENDICES 76

• The cope of land acquisition is minor for each households, no impact on income and

livelihood of AHs.

• Annual crops (not perennial crops) can-be continued planting in the affected land area

to until before land acquisition.

• Affected households and local authorities request the concerned agencies to acceler-

ate the progress of the subproject so that local people can soon be benefited from the

subproject.

Therefore, making this minute for reference of implementing activities.

Chairman of meeting Recorded by

APPENDICES 77

Lao’s People Democratic Republic

Peace Independence Democracy Unity Prosperity

Minute of Meeting

Meeting of Xaythany District Resettlement Committee and Project Implementing Office with

Affected Households by Subproject of Irrigation Development in Vientiane Capital (18 Novem-

ber, 2015).

The meeting was held on 18/11/2015, 9:00am at Headquarter of Xaythany District Authority,

chaired over by Mr. Mr.Phoutthachanch, Deputy Governor of XaythanyDistrict with participa-

tion of Mr. Somphath Seanphimmajak, Representative of Project Implementing Office, with

affected households by Subproject of Irrigation Development in Vientiane Capital.

After presenting the issues, including (i) introduction on the subproject and potential benefits

of the subproject; (ii) scope of impacts by the subproject; (iii) principles of resettlement and

the entitlements applied for the subproject; (iv) detailed implementation schedule for land

acquisition, compensation and civil works; and (iv) grievance redress mechanism, the agree-

ment of meeting attendants are as below:

• Affected households assessed that the issued compensation rate by Vientiane Capital

Authority for affected agricultural land, trees and structures are equal to the market

rate in the local.

• Compensation payment should be made sufficiently and timely for affected house-

holds.

• Land Use Right Certificate will be adjusted right after land acquisition at no cost to the

households.

• Affected households fully understand the Grievance Redress Mechanism that present-

ed in the meeting

• Affected households and local authorities request the concerned agencies to acceler-

ate the progress of the subproject so that local people can soon be benefited from the

subproject.

Therefore, making this minute for reference of implementing activities.

Chairman of meeting Recorded by

APPENDICES 78

Appendix 6: List of Consulted Persons during RP Updating

Order Full-Name Position Agency Contact

Number

National Project Coordination Office

1 Dr.KhamphachanhVongsana National Project

Coordinator

NPCO 02055554483

2 Mr.KhamsawanhSisopha Technical and Planning

Section

NPCO 020

55676301

3 Mr.Phetsamaikeopanya Social safeguard

/resettlement officer

NPCO 02098578739

Subproject Management Unit

1 Mr. SaykhamPheangkhammy Director of South part of

Vientiane irrigation

development Project

PAFO-PIO 02055502309

2 Mr.SomphathSeanphimmajak Technical Unit PAFO-PIO 02022214902

3 Mr. ChamthoneBoulom Social safeguard officer PAFO-PIO 02022220793

4 Miss. LarlavonePheangsoulid Resettlement officer PAFO-PIO 02029960023

Project Districts

1 Mr.KhongmySeesamood District governor Pakngeum 020

22212923

2 Mr.Vilay District Coordinator pakngeum 020

22239509

3 Mr. ChanthalaInthalangsee District governor Saythany

4 Mr.Phoutthachanch District Coordinator Saythany 020

56268981

5 Mr.kheanVorlasanh District governor Hardsayfong 020

55510753

6 Mr. Phouvanh District governor Hardsayfong 020

56710191

Village Authorities and Affected Households

1 Mr. Thongpan Vice chief Dongkhuay village 9500 0369

2 Mr. SouVanh Chief village Dongkhuay village 2256 6782

3 Mr. Khampoun Authority village Dongkhuay village 2241 0290

4 Mr. Vanhly Vice chief Dongkhuay village 9987 0242

5 Mr. Latsamee Vice chief Dongkhuay village 5698 5225

6 Mr. Bounluean Vice chief Dongkhuay village 7713 7233

7 Mr. Kaen Authority village Dongkhuay village 7771 9769

8 Mr. Thongsai Authority village Dongkhuay village 9662 0925

9 Mr. Am Authority village Dongkhuay village 5944 1851

10 Mr. Thongdy Authority village Dongkhuay village 5809 6358

11 Mr. Done Authority village Dongkhuay village 9113 6185

12 Mr. Phoud Authority village Dongkhuay village 2246 8734

13 Mr. Phonphilom Authority village Dongkhuay village 5649 3545

14 Mr. Amphone Authority village Dongkhuay village 9507 3927

15 Mr. La Authority village Dongkhuay village 9936 9793

16 Mr. Deang Vice chief Sanghuabor village 9940 6481

APPENDICES 79

17 Mr. Soukan Chief village Sanghuabor village 030 9003987

18 Mr. Bounta Authority village Sanghuabor village 9627 1093

19 Mr. Bounlup Vice chief Sanghuabor village 9619 6439

20 Mr. Khamsan Vice chief Sanghuabor village 9606 6074

21 Mr. Somboun Vice chief Sanghuabor village 9517 3974

22 Mr. Seng Authority village Sanghuabor village 5933 9002

23 Mrs. Boualay Authority village Sanghuabor village 9514 2760

24 Mr. Ny Authority village Sanghuabor village 9601 6636

25 Mrs. Phaithoun Authority village Sanghuabor village 9885 3775

26 Mr. Viengphone Authority village Sanghuabor village

27 Mr. Phone Authority village Sanghuabor village 9146 3596

28 Mr. Bin Authority village Sanghuabor village 7777 8590

29 Mr. Phet Authority village Sanghuabor village 9928 5580

30 Mr. Luea Authority village Sanghuabor village 030 8099832

31 Mr. Kham Authority village Sanghuabor village 9612 7391

32 Mrs. Lasy Authority village Sanghuabor village 9590 0210

33 Mr. Intar Chief village Nalong village 9527 4808

34 Mr. Chanhtao Authority village Nalong village

35 Mr. Bounchanh Vice chief Nalong village 9168 5411

36 Mr. Bounsong Vice chief Nalong village 030 9097488

37 Mr. Kham Vice chief Nalong village

38 Mr. Kaensy Authority village Nalong village 9521 7443

39 Mr. Khamsing Authority village Nalong village 9661 5654

40 Mr. Bouapha Authority village Nalong village 9858 6418

41 Mr. Oun Authority village Nalong village

42 Mr. Vone Authority village Nalong village 2879 6046

43 Mr. Piew Authority village Nalong village 5642 5072

44 Mrs. Ngao Authority village Nalong village 2307 2597

45 Mr. Chanh Authority village Nalong village 9575 0773

46 Mr. Khamphong Vice chief Makhiao village 5624 4193

47 Mr. Mon Vice chief Makhiao village 9943 7761

48 Mr. Thongin Chief village Makhiao village 5531 9952

49 Mr. Khampoun Authority village Makhiao village

50 Mr. Bounhom Vice chief Makhiao village 9658 7729

51 Mr. Khamphou Authority village Makhiao village 9658 4920

52 Mr. Bounlup Authority village Makhiao village 9980 6843

53 Mr. Bounkong Authority village Makhiao village

54 Mrs. Voun Authority village Makhiao village 030 9431291

55 Mrs. Winh Authority village Makhiao village 5408 7702

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