Lao PDR: Water Supply and Sanitation Sector Project ...

Resettlement Plan

April 2021

Lao PDR: Water Supply and Sanitation Sector Project (Additional Financing) Subproject: Namthouam District, Luang Prabang Province Prepared by the Ministry of Public Works and Transport for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 21 April 2021)

Currency unit – kip (K)

K1.00 = $0.0001061 $1.00 = K9,422.43

ABBREVIATIONS ADB – Asian Development Bank DoNRE – Provincial Department of Natural Resources and Environment EARF – Environmental Assessment and Review Framework EHS – Environmental Health and Safety EIA – Environmental Impact Assessment EMP – Environmental Management Plan EPL – Environmental Protection Law GRM – Grievance Redress Mechanism IEE – Initial Environmental Examination LACP – Land Acquisition and Compensation Plan MPH – Ministry of Public Health MONRE – Ministry of Natural Resources and Environment MPWT – Ministry of Public Works and Transport MSDS – Materials Safety Data Sheets NAPA – National Adaptation Program of Action NRW – Nonrevenue Water PCU – Project Coordination Unit PIU – Project Implementation Unit PNP – Provincial Nam Papa (provincial water utilities) SPS – Safeguards Policy Statement, 2009 UXO – Unexploded Ordnance VDC – Village Development Committee VEI – Village Environmental Improvement WSSSP – Water Supply and Sanitation Sector Project WTP – Water Treatment Plant

NOTE In this report, "$" refers to United States dollars

This resettlement plan 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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Grant LAO-0604

Ministry of Public Works and Transport Department of Water Supply

Water Supply and Sanitation Sector Project – Additional Financing

Final Updated Land Acquisition and Compensation

Plan

Namthouam Subproject

Luang Prabang

Nam Bak District

April 2021

Project Implementation Assistance Lao Consulting Group Consortium

ADB – MPWT: Water Supply and Sanitation Sector Project – Additional Financing Final Updated Land Acquisition and Compensation Plan – Namthouam Subproject

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TABLE OF CONTENTS

List of Tables ........................................................................................................................... (iii) List of Figures .......................................................................................................................... (iii) List of Attachments .................................................................................................................. (iii) Selected Acronyms .................................................................................................................. (iv) Selected Units .......................................................................................................................... (v) Currency .................................................................................................................................. (v) Selected Definitions of LARC related Terms ............................................................................ (vi)

1. EXECUTIVE SUMMARY ................................................................................................. 1 1.1 Project Description .......................................................................................................... 1 1.2 Scope of Land Acquisition and Resettlement .................................................................. 2 1.3 Socio-Economic Profile Information and Profile ............................................................... 2 1.4 Information Disclosure ..................................................................................................... 3 1.5 Complaints and Grievance Redress Mechanism ............................................................. 3 1.6 Legal Framework ............................................................................................................. 3 1.7 Entitlements, Assistance and Benefits ............................................................................. 4 1.8 Relocation of Housing and Resettlement ......................................................................... 4 1.9 Resettlement Budget and Financing Plan ........................................................................ 4 1.10 Income Restoration and Rehabilitation ............................................................................ 4 1.11 Institutional Arrangements ............................................................................................... 4 1.12 Implementing Schedule ................................................................................................... 4 1.13 Monitoring and Reporting ................................................................................................ 4

2. PROJECT DESCRIPTION .............................................................................................. 5 2.1 The Water Supply and Sanitation Sector Project – Additional Financing ......................... 5 2.2 Namthouam Subproject ................................................................................................... 6

3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ............................................ 10 3.1 Permanent Land Acquisition .......................................................................................... 12 3.2 Temporary Land Acquisition .......................................................................................... 12 3.3 Temporary Disruption .................................................................................................... 13 3.4 Affectedness ................................................................................................................. 13

4. SOCIO-ECONOMIC INFORMATION AND PROFILE .................................................... 14 4.1 Benefitting Communities ................................................................................................ 14

4.1.1 Nam Bak District ..................................................................................... 14 4.1.2 Core Villages .......................................................................................... 14 4.1.3 Ethnicity .................................................................................................. 15 4.1.4 Other Selected Features ......................................................................... 16

4.2 Profile of Affected Households ...................................................................................... 16 4.2.1 Socio-economic Characteristics .............................................................. 16 4.2.2 Vulnerable Affected Households ............................................................. 16 4.2.3 Severely Affected Persons ...................................................................... 17

4.3 Equal Participation and Benefits for all Villagers ............................................................ 17 4.4 Social Impacts ............................................................................................................... 18

5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ................... 18

6. COMPLAINTS AND GRIEVANCE REDRESS MECHANISMS ...................................... 19

7. LEGAL FRAMEWORK .................................................................................................. 21


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7.1 Lao Requirements ......................................................................................................... 21 7.2 Agreed Key Principles ................................................................................................... 22

8. ENTITLEMENT, ASSISTANCE AND BENEFITS .......................................................... 22 8.1 Entitled Categories Affected Persons ............................................................................ 22 8.2 Eligibility ........................................................................................................................ 23 8.3 Voluntary Donation ........................................................................................................ 23 8.4 Loss of Assets and Resources ...................................................................................... 23

8.4.1 Loss of Land and Use of Land ................................................................ 25 8.4.2 Loss of Houses and Other Structures ..................................................... 25 8.4.3 Loss of Crops and Trees ......................................................................... 25 8.4.4 Loss of Common Property Resources..................................................... 26 8.4.5 Disruption of Business ............................................................................ 26

9. RELOCATION OF HOUSING AND RESETTLEMENT .................................................. 26

10. INCOME RESTORATION AND REHABILITATION ....................................................... 26 10.1 Allowances .................................................................................................................... 26 10.2 Special Assistance ........................................................................................................ 26

11. RESETTLEMENT BUDGET AND FINANCING PLAN ................................................... 26

12. INSTITUTIONAL ARRANGEMENT ............................................................................... 28 12.1 Project Executing and Management Structure ............................................................... 28 12.2 Subproject Implementing and Supervision Structure ..................................................... 28

13. IMPLEMENTATION SCHEDULE .................................................................................. 29

14. MONITORING AND REPORTING................................................................................. 29

LIST OF TABLES Table 1: Area of Land Requirements and Disturbances .................................................................. 12 Table 2: Subproject Core Villages and their Population .................................................................. 14 Table 3: Subproject Core Villages and their Projected Population ................................................... 15 Table 4: Ethnic Population in the District Town ............................................................................... 15 Table 5: Summary of Meetings ....................................................................................................... 18 Table 6: GRM Composition and Contacts ....................................................................................... 20 Table 7: Key LAC Objectives .......................................................................................................... 22 Table 8: Project Categories of Entitled Affected Persons ................................................................ 22 Table 9: Subproject’s Entitlement Matrix ......................................................................................... 24 Table 10: Compensation Budget ..................................................................................................... 27

LIST OF FIGURES Figure 1: Location Map of Service Area of the Namthouam Subproject ..................................... 7 Figure 2: Block Diagram Namthouam Water Supply Scheme (Part 1) ........................................ 8 Figure 3: Block Diagram Namthouam Water Supply Scheme (Part 2) ........................................ 9

ATTACHMENTS Attachment 1 LAC – Fact Finding

Attachment 2 LAC – Consultation

Attachment 3 Surveys

Attachment 4 LAC Due Diligence

Attachment 5 Complementary Documentation


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SELECTED ACRONYMS (AS DEFINED IN PROJECT LACF, AND SUPPLEMENTED BY THIS LACP) ADB Asian Development Bank AH Affected Household AP Affected Person BD Bidding Documents BNP Branch (district) of Provincial Nam Papa (provincial water supply company) COI Corridor of Impact DCO District Coordination Office DD Detailed Design DDR Due Diligence Report DMS Detailed Measurement Survey (at detailed design stage) DoNRE Department of Natural Resources and Environment DPWT District Department of Public Works and Transport DRC District Resettlement Committee DWS Department of Water Supply EA Executing Agency EGDF Ethnic Groups Development Framework EMP Environmental Management Plan FS Feasibility Study GAP Gender Action Plan GoL Government of Lao PDR GRM Grievance Redress Mechanism HH Households IA Implementing Agency IEE Initial Environmental Examination IEM Independent External Monitoring IMO Independent Monitoring Organization IOL Inventory of Loss IP Indigenous People IPP Indigenous Peoples Plan IPPF Indigenous Peoples Planning Framework IR Involuntary Resettlement Lao PDR Lao People's Democratic Republic LAC Land Acquisition and Compensation LACF Land Acquisition and Compensation Framework LACP Land Acquisition and Compensation Plan LACR Land Acquisition and Compensation Report LARC Land Acquisition, Resettlement and Compensation LFNC Lao Front for National Construction LWU Lao Women’s Union M&E Monitoring and Evaluation MPWT Ministry of Public Works and Transport NGO Non-Government Organization NPCO National Project Coordination Office (PAM: Nat. Project Management Office PMO) NPSC National Project Steering Committee NRW Nonrevenue Water O&M Operation and Maintenance OPWT District Office of Public Works and Transport PAM Project Administration Manual PPWT Provincial Department of Public Works and Transport


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SELECTED ACRONYMS (AS DEFINED IN PROJECT LACF, AND SUPPLEMENTED BY THIS LACP) PIB Public Information Booklet PIU Project Implementation Unit PMO Project Management Office PMS Preliminary Measurement Survey (at feasibility study stage) PNP Provincial Nam Papa (provincial water supply company) PPSC Provincial Project Steering Committee PPTA Project Preparation and Technical Assistance PRC Provincial Resettlement Committee RCS Replacement Cost Survey RF Resettlement Framework RP Resettlement Plan ROW Right of Way SEBS Socio-Economic Baseline Survey SEIS Socio-Economic Impact Survey SESAH Socio-Economic Survey of Affected Households SPS Safeguards Policy Statement STWSP Small Town Water Supply and Sanitation Sector Project TA Technical Assistance ToR Terms of Reference UDAA Urban Development Administration Authority VAU Village Arbitration Unit VDC Village Development Committee VEI Village Environmental Improvement VLWU Village Lao Women’s Union WATSAN Water and Sanitation Unit WS Water Supply WSS Water Supply and Sanitation WSSP-AF Water Supply and Sanitation Sector Project – Additional Financing WTP Water Treatment Plant

UNITS ha hectare/s km kilometres km2 square kilometres lpcd liters per capita per day l/s liters per second m meter m2 square meter m3 cubic meter m3/day cubic meter per day sqm square meter

CURRENCY

LAK Lao currency unit Kip US$ US Dollar Note: Applied exchange rate: US$ 1.00 = LAK 9,400.00


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SELECTED DEFINITIONS OF LARC RELATED TERMS (AS DEFINED IN THE PROJECT LACF)

Affected Person (AP)

An affected person indicates any juridical person being as it may an individual, a household, a firm or a private or public institution who, on account of the execution of the Program and its subprojects or parts thereof would have their:

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

(ii) Business, occupation, work, place of work or residence or habitat adversely affected with or without physical displacement; or

(iii) Standard of living adversely affected.

Compensation Payment made in cash or in kind to APs at replacement cost for assets, resources and/or sources of livelihood and income acquired or adversely affected by the project.

Corridor of Impact (COI)

It is the area which is impacted by civil works in the implementation of the project and is important in two particular respects:

(i) Legally as the area within which APs will be entitled to compensation and other measures (in general coming under the heading of resettlement) for any loss of land, structures, land use and occupation or livelihoods; and

(ii) Operationally as the agreed and demarcated area within which construction activities will take place and which must be cleared of all structures and obstructions.

Cut-off Date for Eligibility

This refers to the date prior to which the occupation or use of the area makes residents/users/occupants of the same eligible to be categorized as AP (see definition of eligibility). In this project, the cut-off date coincides with the final day of the census of Aps and Inventory of Losses and which is preceded by a public consultation or announcement. Persons not covered in said census are not eligible for compensation and other entitlements, unless they can show proof that:

(i) They have been inadvertently missed out during the census and the inventory of loss (IOL); or

(ii) They have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS). In view thereof, the final list of APs is determined during the DMS. The establishment of cut-off date for eligibility is intended to prevent the influx of ineligible non-residents who might take advantage of project entitlements and speculate on land values and to prevent speculation by eligible APs.

Displaced Person

In the context of involuntary settlement, displaced persons are those who satisfy the condition of “Cut-off Date for Eligibility” (see definition below) and are physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land, or involuntary restrictions on land use or on access to legally designated parks and protected areas in connection with the project.

Detailed Measurement Survey

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the Inventory of Losses (IOL), severity of impacts, and list of APs done earlier during the project’s feasibility studies. The final cost of resettlement for the subproject will be determined following completion of the DMS. At feasibility study level this can be regarded as Preliminary Measurement Survey (PMS).


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Eligibility Eligible APs may fall under any of the following groups: (i) Those who have formal legal rights to land lost including customary and

traditional rights; (ii) Those who do not have formal legal rights to land lost as of the cut-off

date but have claims to such land or assets that are recognizable under national laws; and

(iii) Informal settlers who satisfy the condition for eligibility to compensation as provided in the definition of “cut-off date for eligibility”.

Non-eligible APs include those making claims based on subsequent occupation after the cut-off date for eligibility.

Entitlement This refers to a range of measures comprising compensation, income restoration support, transfer assistance, livelihood substitution, relocation support, etc. which are provided to APs, depending on the type and severity of their losses, to restore their economic and social base.

Income Restoration This is the re-establishment of sources of income and livelihood of the severely

affected and vulnerable households to supplement the compensation received for affected assets so as to achieve, at the least, complete restoration of pre-project living standards. This term is used synonymously with “Rehabilitation.”

Independent Monitoring Organization

This is the entity hired by the Inter-ministerial Resettlement Committee (IRC) (through the National Project Management Office) to monitor and evaluate the implementation of the Land Acquisition and Compensation Plan (LACP).

Inventory of Losses

This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the COI are identified, measured, their owners identified, their exact location pinpointed.

Involuntary Resettlement

It is the displacement of people, not of their own preference, from their homes, assets, sources of income and livelihood in the Project COI. Involuntary resettlement may result in any or a combination of the following: loss of land, abode and other fixed assets, loss of income and/or employment, relocation, separation of family members, disintegration of communities, etc. Unless appropriate and adequate mitigation measures are carried out, involuntary resettlement will result to further hardship and impoverishment among the APs, especially the marginal sectors of society (see definition of “vulnerable groups”). These adverse social impacts of development projects are often borne by APs not of their own desire but involuntarily.

Land Acquisition

Refers to the process whereby an individual, household, firm or private institution is compelled to alienate all or part of the land s/he/it owns or is in the process of getting the ownership in favour of the government for the project in return for compensation at replacement costs.

Rehabilitation Above, as in income restoration and rehabilitation.

Relocation This is the physical displacement of an AP from her/his pre-project place of residence and/or business.


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Replacement Cost

It means the cost of replacing lost assets and incomes, including cost of transactions. The amount calculated before displacement which is needed to replace an affected asset without deductions for taxes, and costs of transaction as follows:

(i) Productive land (agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value;

(ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes;

(iii) Houses and other related structures based on current market prices of materials and labor without depreciation or deductions for salvaged building materials;

(iv) Standing crops equivalent to the current market value of the crop at the time of compensation;

(v) Perennial crops and trees, cash compensation equivalent to the current market value given the type, age and productive value (future production) at the time of compensation;

(vi) Timber trees, based on diameter at breast height at current market prices; and/or

(vii) Others.

Replacement Cost Study

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

Resettlement This includes all measures taken to mitigate any and all adverse social impacts of the project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

Resettlement Plan

This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation which are all aimed at helping APs re-establish their pre-project standards of living.

Resettlement Effects

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

Right-Of-Way The right-of-way is a public available and governmental owned strip of land following a centerline (such as for roads, canals, etc.) providing an area of access. The project will use the complete area where necessary. In case some of the ROW has been encroached upon by informal occupiers/ formal users (for example people now living, doing business, or cultivating land within the ROW), the project intends to adopt a corridor-of-impact (COI) within the ROW to avoid adverse land acquisition and resettlement related impacts.

Severely Affected Persons

This refers to affected persons or households who: (i) Need to be relocated; (ii) Lose 10% or more of productive assets; and/or (iii) More than 40% of the surface of the house is damaged (or where assets

are affected only partially but the remaining assets are rendered unviable for continued use and relocation might be necessary for that reason (Guidelines on Resettlement Compensation, WREA, March 2010).


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Significant Resettlement Effects

Involuntary resettlement impacts of a subproject are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating) as per OM Section F1.

Vulnerable Groups

These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include:

(i) Female headed households with dependents; (ii) Disabled household heads; (iii) Households falling under the generally accepted indicator for poverty; (iv) Children and the elderly household heads who are landless and with no

other means of support; (v) Landless households; and/or (vi) Indigenous people or ethnic minorities.


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1. EXECUTIVE SUMMARY

1. The structure of this Final Updated Land Acquisition and Compensation Plan (LACP) follows the standardized table of content for resettlement plans as outlined in the “ADB’s Safeguards Policy Statement (2009).

1.1 Project Description 2. This Water Supply and Sanitation Sector Project – Additional Financing (WSSP-AF or the Project) will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR. It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020. The impact will be expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR. The outcome will be improved performance of PNPs in delivering water supply and sanitation services.

3. The Project adopts a sector approach following a prioritized list of subproject towns based on the water supply investment plan. Potential subproject towns were subject to initial screening and prioritization during the project preparations of the WSSP-AF. Pro-poor mechanisms include free water supply connections for all, and subsidies for the poor for toilet construction.

4. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. Similarly, sector coordination will be improved through support to the water supply and sanitation subsector working group under the Technical Working Group on urban development.

5. The Namthouam subproject is one of the two subprojects selected for Phase V in Luang Prabang Province. The development plan for the Namthouam subproject in the Nam Bak District includes a new piped water supply system with individual house connections in fifteen core villages. The core service area and future extension areas have populations of 30,951 in the year 2022 and projected treated water demand of 9,500 m3/day in the year 2037.

6. The proposed development includes: (i) a tower intake on the Namkhan 2 river; (ii) with medium-head pumping via 200 m raw water transmission main to the pre-sedimentation tank at the WTP; through public land owned by DOPWT; (iii) 9,500 m3/day capacity WTP comprising pre-sedimentation, flocculation, sedimentation with allowances for lamella technology, rapid gravity filtration with semi-auto backwashing system, air blower, backwashing pumps and chlorine dosing facilities, laboratory and polyaluminum chloride (PAC) dosing facilities, sludge transfer pumping station and detention ponds; (iv) 900 m3 clear water ground reservoir at the WTP; (v) 25 km gravity-fed distribution network within the core service area including 900 m3 capacity elevated balancing tank; and (vi) 60 km of HDPE DN63 rider mains. A Branch Nampapa (BNP) office with separate storage facility will be constructed at the village Phonsavanh. The Subproject has also a Village Environmental Improvements (VEI) Component for which a participatory process will be applied early construction stage to identify local needs that can include (i) construction material for communal/public locations, (ii) construction of drains, public toilets for schools, markets, offices, and temples; and/or (iii) improvement of access/village roads.

7. Basic equipment will also be procured for operation and maintenance of the water supply system. PNP staff will receive training in water supply utility management, operation and maintenance and basic non-revenue water (NRW) management.

8. The Subproject has also a Village Environmental Improvements (VEI) Component for which a participatory process will be applied in 2022 during 2nd half of construction stage to identify local needs that can include construction material for communal/public locations, (ii) construction of drains, public toilets for schools, markets, offices, and temples, and/or (iii) improvement of roads.


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1.2 Scope of Land Acquisition and Resettlement 9. The subproject with its components involves physical changes through civil works only within existing corridors of impact. The chosen engineered design and a joint transect walk followed by finding through external monitoring combined with final land acquisition and compensation fieldwork confirm that there are two cases of permanently affected owners through loss of portions of private land and trees, but no loss of structures or crops. Temporary disruption to owners, user and/or operators of private, communal and/or public premises will be mitigated though construction methods and related supervision. In summarizing detail, the subproject will result in:

(i) Land requirements of 5.15 ha composed of 5.10 ha governmental land and 0.05 ha (524 m2) private productive but fallow land owned by 1 affected household (AH).

(ii) No loss of private residential land. Only change of land use rights for a private user of 400 m2 government land within a plot of 3,455 m2.

(iii) No loss of primary structures and thus no relocation of houses. (iv) No loss of secondary structures. (v) There is a loss of 47 private teak trees owned by 1 AH. (vi) No loss of standing crops. (vii) No cases of economic displacement expected. (viii) No cases of AHs expected becoming vulnerable because of the subproject’s civil works. (ix) No loss of common property providing public services. (x) Installation of mains and distributors with a rounded total length of 136 km will be along

the RoW of public roads and concerns a trench related area of about 9,13 ha. There are no expected cases to report, where provision of public services would be stopped, or commercial businesses be closed. No cases of temporary business loss are expected as operation of businesses can continue and no closures needed. Pipe installation leads to disturbances between only 1 and 3 days and will be mitigated through access over trenches, immediate backfilling and other measures if required. However, this will be reviewed by PIU and village authorities during actual pipe installation works. In case of closure for businesses, the operator is entitled to cash compensation in accordance with the entitlement matrix.

(xi) Temporary land requirements for access and site installations will be designed by the contractor and approved during the construction phase by the resident site engineer. Any land acquisition requirements shall follow the principles as set out in the LACF.

10. In summary, the loss of private assets concerns 2 affected households (AHs) with 12 affected persons (APs), however getting only to a negligible extent affected and not seriously. Both AHs indicated that their loss of land and trees has no impact on their families’ livelihood.

1.3 Socio-Economic Profile Information and Profile 11. The socio-economic baseline situation of the 15 subproject core villages has been described using the results from “Socio-economic survey report” of the Feasibility Study Report. However, the Final Updated LACP also includes the results from the socio-economic survey of households getting affected by loss of private assets as part of the LAC fieldwork. As major results can be concluded:

(i) There are no households who will become vulnerable because of the subproject’s civil works, based on reviewed categories of vulnerable households in reference to the LACF as well as six defined national poverty categories.

(ii) There are no severely affected households because of (a) no cases of physically displacement (relocation), and (b) no cases of loss of 10% or more of their productive assets (income generating).

(iii) All villagers actively participate in subproject activities. All villagers of the present ethic groups in the subproject area are also equally treated by the subproject and have same access to provision of water supply connections. No constraints on active participation in public meetings and transect walks have been observed.


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(iv) This reflects the situation in the core villages, that no distinction is made between villagers in their communities with regard to social status including their ethnic groups. It is not expected that the subproject will have any negative impact on ethnic people.

(v) The subproject will provide water supply infrastructure of the subproject villages. In addition, there are other benefits, such as but not limited to, health improvement, educational awareness on WSS, increase in households’ income activities, because of reduced or no time budget required for family members concerning water collection.

(vi) The social impacts are overwhelmingly positive as the villages will experience a better and reliable water supply leading to an increase of their living quality. There are two cases where households will be affected through loss of minor portions of their land and trees, but both not being physically displaced and not experiencing economic adverse impacts through loss of income.

1.4 Information Disclosure 12. The FS related LACDDR was prepared in October 2019 based on related fieldwork carried out in May 2019. The DED related LACDDR was updated in May/June 2020 with complementary consultation in March 2020. In this context, information has been provided through 15 public village meetings conducted for the LAC, which were attended by 1017 (359 female and 658 male) villagers composed by ethnic groups of 327 Lao-Tai, 598 Mon-Khmer, and 92 Hmong Mien participants. The topics of these meetings were subproject specific scope, implementation schedule, land requirements and construction related disturbances. In addition, introduction to LAC general topics was given, such as surveys, entitlement and eligibility, and compensation. In November 2020 field verification took place through external monitoring. Between December 2020 and February 2021 complementary fieldwork was carried out including individual consultation with owners of affected assets and authorities to find out the latest LAC status as documented in this LACP.

13. The provision of information through public meetings will continue during the mobilization of a civil contractor. It has been based on a consultative and participative approach leading to (a) limitation of private land acquisition, (b) preferring the provision of government land, and (c) no adverse impacts to households through avoiding economic and physical displacement. The feedback from villagers through public meetings concerns the following major items: (i) they appreciate the subproject to be implemented in their villages, (ii) they show high motivation to cooperate with the subproject, (iii) they expect improvements for their living standard. It is noteworthy, that no concerns or issues were raised by them. Clarification was required on the topics land (requirements and locations), compensation loss or damage to assets), construction and costs (house connections and water fees). As specific feedback the villagers indicated their high satisfaction of the subproject bringing them “a higher living standard” and their hope for a soon start or construction works. It is remarkable that residents of the villages in the subproject area are very motivated and willing to coordinate with the subproject.

1.5 Complaints and Grievance Redress Mechanism 14. The defined grievance approach aims at having complaints ideally passed through four stages before they could be elevated to a court of law as a last resort. The subproject’s objective is to handle and solve any complaints before a complainant would approach a court. Affected persons are entitled to lodge complaints regarding any aspect of the preparation and implementation of the land acquisition and compensation without prejudice to their right to file complaints with the court of law at any point in the process.

1.6 Legal Framework 15. Good and applicable provision of guidelines and principles on preparing subproject LACP have been prepared in the Land Acquisition and Compensation Framework (LACF), which outlines the broad scope of the project and sets out the policies on LAC aspects as agreed by GoL and ADB. Based on the legal review and assessments on Involuntary Resettlement (IR) the Final Updated LACP has been prepared in this legal context.


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1.7 Entitlements, Assistance and Benefits 16. An entitlement matrix has been prepared in line with the requirements of GoL and ADB's SPS (2009) on involuntary resettlement. The entitlement matrix has taken into consideration the requirement of the Land Acquisition and Compensation Framework of the Project. The subproject will not cause significant adverse impacts. Two owners of private assets will be compensated for their minor loss of 524 m2 private land and 47 teak trees respectively. A private user of governmental land will be reimbursed for the payment of transfer of land use rights for the 400 m2 portion of the land required by the subproject.

1.8 Relocation of Housing and Resettlement 17. There are no cases of relocation and resettlement caused by the subproject.

1.9 Resettlement Budget and Financing Plan 18. The LACP has been prepared based on the surveys as part of the LAC fieldwork including full inventory of loss (IOL) and socioeconomic survey (SES) of affected households. In order to update the amounts for compensation and reimbursement payments to current market prices, inflation rates were used for the individual calculation on loss of assets and user rights. It includes a LAC budget of LAK 14,169.5 million equivalent to US$ 1,507.

19. In general, administrative cost are covered by the regular government budget, separate from funds for compensation and other entitlements. The funds for payments are available for the implementing agency, as the Project Implementation Unit (PIU) at provincial level is under the Department of Public Works and Transportation. This facilitates that available funds can directly be used for compensation payments as needed without time consuming formalities and administrative procedures. In addition, as this PIU provides support in coordinating the provincial and district agencies, taking decisions on behalf of the provincial government, and any internal settling of accounts between governmental institutions. The provision of payments and the reporting documentation considers May 2021 as completion date before the scheduled mobilization of civil works contractor also in May 2021.

1.10 Income Restoration and Rehabilitation 20. The subproject does not lead to cases requiring income restoration and rehabilitation.

1.11 Institutional Arrangements 21. The Ministry of Public Works and Transport (MPWT) is the executing agency (EA) for the Project with the responsibility for overall project coordination and management that has been transferred to its Department of Water Supply (DWS), which has established the National Project Coordination Unit (PCU) for day-to-day management of the Project. The implementing agency (IA) at provincial level is the PNP. Provincial Project Implementation Units (PIU) have been established responsible for subproject related financial management at provincial level, and coordination and management of implementation of subprojects. To assist implementation of subprojects at district level, District Coordination Offices (DCOs) have been established with focus on coordination and supervision of subproject activities.

1.12 Implementing Schedule 22. The Namthouam subproject considers a construction period of 30 months starting in 2nd quarter 2021. The operation of the WSS infrastructure will commence in the 4th quarter 2023.

1.13 Monitoring and Reporting 23. During implementation and operation phase the internal and external monitoring and evaluation will be performed to elaborate on performance and impacts of the subproject’s activities. Its technical approach has to be transparent, and any data or information made available to involved stakeholders either in Lao and/or English language.


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2. PROJECT DESCRIPTION

2.1 The Water Supply and Sanitation Sector Project – Additional Financing

24. The Project will improve the performance of provincial water utilities, called provincial nam papas (PNPs), and expand access to safe piped water supply and sanitation for urban residents in small towns in the Lao PDR. It will contribute to the government’s urban sector targets (90% coverage for piped water supply and 100% coverage for sanitation by 2030) by improving sector coordination and policy implementation in corporatization, improving nonrevenue water (NRW) management and expanding water supply in provincial towns, developing new water supply systems in small towns, enhancing community action in urban water supply and sanitation, and strengthening capacity for project implementation and operation and maintenance (O&M). The Project will expand water and sanitation services to small district towns, provincial capital towns and their peri-urban areas in accordance with the Government’s urban water supply and sanitation strategy, 2013–2030, and water supply investment plan, 2012–2020.

25. The Project’s five outputs are:

Output 1: Improved sector coordination and policy implementation. Output 2: Improved nonrevenue water management and water supply development. Output 3: Developed new water supply systems in small towns. Output 4: Enhanced community action in water supply and sanitation. Output 5: Strengthened capacity for project implementation, operation, and maintenance.

26. The impact will be expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR. The outcome will be improved performance of participating PNPs in delivering sustainable water supply and sanitation services. The Project adopts a sector approach following a prioritized list of subproject towns based on the water supply investment plan. The Project will support about six PNPs to improve and develop water supply systems in about two towns per province. It will provide capital to selected PNPs that are state companies, have prepared a corporate plan, and have arrears less than 90 days. Each PNP will receive funds to rehabilitate and expand its provincial capital water supply system and to construct a new water supply system in one small town. Each town selected will have 4,000–20,000 residents. It is expected to improve access to water supply for 155,000 people and improved sanitation for 160,000 people in these urban areas.

27. With the sector approach, potential subproject towns were subject to initial screening and prioritization during the Project scoping and preparation of the Grant Agreement.

28. The subproject towns have been assigned a high priority based on the following criteria (i) Current performance; (ii) Government development priority; (iii) projected population and growth rate; (iv) development potential; (v) poverty status; (vi) previous investment in water supply and sanitation in the province; and (vii) previous inclusion on the Water Supply Sector Investment Plan.

29. The WSSP-AF will focus on six priority subprojects nominated by the PNPs that have received support for corporate planning and financial management under WSSP and STWSP. The final number of subproject towns included in the Project depends on the overall amount of funding, project scope and the implementation period agreed between Government and ADB. The Project approach will partner a subproject for expansion of the provincial capital with a small district town within the same province. Pro-poor mechanisms include free water supply connections for all, and subsidies for the poor for toilet construction.

30. Village environmental improvements (VEI) will also be implemented in the prioritized subprojects, and will promote demand-driven, community-managed environmental improvements, such as construction or rehabilitation of small-scale community improvements (e.g., drains and village access roads). Together with VEI, improved household sanitation for the poor will be provided. During the village planning process, poor households will be identified in accordance with


6


their status as categorized through village authorities and the households’ official classification, as they will be eligible to receive a sanitation grant for building or upgrading sanitation facility.

31. In parallel with the capital investments, the key elements of sector and policy reform will be addressed at strategic points during the implementation process. For example, corporate plans will be updated, service agreements established and expanded, improved financial management, continued tariff reform, free connection policy expanded and district sanitation regulations. Similarly, sector coordination will be improved through support to the water supply and sanitation subsector working group under the Technical Working Group on urban development.

32. The order in which subprojects are implemented has been determined by agreement between the Government and ADB, depending on (i) readiness of the concerned provincial and district governments to implement the subprojects; and (ii) geographical grouping of the subprojects to minimize costs and maximize implementation efficiency. Once a subproject is selected as a candidate, the set-up of a NRW management program and team will be a fundamental conditionality to all other activities.

2.2 Namthouam Subproject

33. This subproject includes the construction of a water supply system, sanitation works and financial and technical assistance for village environmental improvements in 15 core villages. The location is shown in Figure 1 with supporting Attachment 1.2-2 showing aerial images & superimposed subproject scheme layout.

34. The water supply system has been designed to operate in one distribution system by developing the capacities of the water source facilities, WTP, and reservoirs, all designed for 15 years while the pipelines’ capacity is designed for 20 years from the date of commissioning.

General Layout The development plan for the Namthouam subproject includes a new piped water supply system with individual house connection in fifteen core villages. The core service area and future extension areas have populations of 30,951 in the year 2022 and projected treated water demand of 9,500 m3/day in the year 2037. The development plan provides for an intake and water treatment plant (WTP) designed for a 15-year timeframe and a distribution system designed for a 20-year time frame, as per WSSP and previous project design guidelines. One raw water source (just below the joining point of Nammong & Namkhan streams) at Namkhan 2 stream, was identified as the most financially and technically viable.

Technical Features They are described in Attachment 1.2-1.

Other Facilities: Equipment for operation and maintenance (O&M) of the water supply system will be procured, including basic tools, laboratory and office equipment. Households that apply to connect during the construction period will not be required to pay any up-front connection charges. This measure will assist poor and low income groups to participate in the piped water supply system, encourage new connections and enhance PNP financial sustainability. Marketing and awareness campaigns will inform communities about the Project’s connections policies and the benefits of connecting to PNP piped water supply. With the free connection program, approximately 3,500 domestic service connections are projected for the commissioning year in 2023.


7 INTERNAL. This information is accessible to ADB Management and staff. It may be shared outside ADB with appropriate permission.

Figure 1: Location Map of Service Area of the Namthouam Subproject

Note: Attachment 1.2-2 contains aerial images superimposed with sites required for the water supply components

10-B an X iengda

11-Ban H ouana

15-B an N amk har

09-Ban P hons avang

08-B an Xang

05-B an P honmany

06-B an N am thouamneua

07-B an N am thouamtai

03-B an N amk han 201-B an Thabou

02-B an P honx ieng

14-B an N akok

12-Ban P ak m ong

13-Ban V angk ham

C ore V i l lages for W ater S upply in N amthouam D evelopment ZoneN ambak d is tr ic t, Luangphabang province

04-Ban P hons avanh



Figure 2: Block Diagram Namthouam Water Supply Scheme (Part 1)



Figure 3: Block Diagram Namthouam Water Supply Scheme (Part 2)


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Connection Policy: Households that apply to connect during the construction period will not be required to pay any up-front connection charges for small-bore reticulation, connections or meters, but the cost of these items will form part of the subproject capital cost and will be recovered through the water tariff. The construction contractor will (i) install distribution pipelines and small-bore reticulation pipework (rider mains) to cover the entire service area in locations where roads and houses exist; and (ii) install service connections and meters free of charge for all households in the service area that apply for connection during the designated construction period. The contractor will purchase sufficient materials for service connections to all customers that apply to connect to the piped water supply system during the construction stage. Surplus materials will be stored for later installation by the PNP when required. This policy is expected to motivate customers to connect during the construction period, boost PNP revenue and enhance sustainability, and will particularly assist the poor. It is anticipated that approximately 900 new household service connections will be made during the construction period as part of the free connection policy.

35. Under the Project’s Village Environmental Improvements (VEI) Component, a first public consultation took place in November 2019, leading to preliminary requirements as indicated in public meetings, where the villagers expressed prioritized needs with regard to (i) construction material for communal/public locations, (ii) construction of drains, (iii) construction of public toilets for schools, markets, offices, and temples, and/or (iv) improvement of access / village roads. During the 2nd half of the construction phase in 2022 the subproject with its core villages will perform a participatory process to detail and agree on local needs to be specified and confirmed for village infrastructures. The participation of villages aims not only in their involvement in the selection process of proposed improvement measures, but also in their active contribution during construction stage, and their leading role for O&M of the communal infrastructure, which would be provided with financial and technical assistance from the Project. The VEI is not covered by this LACP. Any VEI infrastructure shall not require acquisition of private land or have an adverse impact on other assets of private owners. At the VEI preparation stage IEM may review preparation, including through sample interview of the beneficiaries, to confirm the same as part of a due diligence report required to confirm subprojects/components that have no LAR impacts. The due diligence report will be prepared and submitted to ADB for clearance prior to award of the works contract.

3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

36. The DED considered components of a water supply scheme, which requires land for proposed intake, WTP, reservoir, PNP office and access roads. For the main and distribution networks only existing Right of Way of public roads have been selected for alignments of pipes.

37. The subproject will involve physical changes through the earth moving, but also in constructing the water supply infrastructure. This has been confirmed through the detailed engineering design (DED). Table 1 contains the relevant details. This is the optimized technical approach based on the engineering concept for this subproject. For the construction of the water supply scheme’s major components there is a land requirement of rounded 5.2 ha. The installation of mains and distributors with a rounded total length of 136 km will be along the RoW of public roads and concerns a trench related area of about 9,13 ha. In summary, except for land needed for the main components, there are no other adverse impacts.

38. A LAC screening of the subproject has been prepared under Attachment 1.1. A LAC related photo documentation has been included under Attachment 1.2-3. Specific details through a due diligence about the AH cases have been summarized under Attachment 4. Beside the minor impacts on private productive land and trees, the subproject has no other adverse impacts on residential land, primary or secondary structures. Furthermore, there is no impact on community resources, and no economic displacement expected, as well as no


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requirement for physical relocation of households. Subsequently, there are no other adverse impact except for land needed for the main components. The alignments of mains and distributors follow the RoW of existing public roads.


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Table 1: Area of Land Requirements and Disturbances

39. The subproject will involve physical changes through the earth moving, but also in constructing the water supply infrastructure. This has been confirmed through the detailed engineering design (DED). Table 1 contains the relevant details. This is the optimized technical approach based on the engineering concept for this subproject. For the construction of the water supply scheme’s major components there is a land requirement of rounded 5.15 ha. The installation of mains and distributors with a rounded total length of 136 km will be along the RoW of the public roads and concerns a trench related area of about 9,13 ha.

40. A LAC screening of the subproject has been prepared under Attachment 1.1. A LAC related photo documentation has been included under Attachment 1.2-3. Specific details through a due diligence about the AH cases have been summarized under Attachment 4. Beside the minor impacts on private productive land and trees, the subproject has no other adverse impacts on residential land, primary or secondary structures. Furthermore, there is no impact on community resources, as well as no requirement for physical relocation of households.

41. The requirements for land acquisition by this subproject have firstly been verified at feasibility stage in May 2019, then reviewed during detailed design stage in March 2020, but finally comprehensively validated through external monitoring and complementary LAC fieldwork through PIA between November 2020 and February 2021. This includes DMS combined with joint transect walk of participating AH members, village representatives, PNP, PIU and PIA all combined with consultation meetings.

3.1 Permanent Land Acquisition 42. The land acquisition concerns sites for intake, WTP, reservoir, PNP office and access roads of linear nature with a total required area of rounded 5.15 ha. The DED considered components of a water supply scheme, which require with 99% mainly government land (5.10 ha) and only to a very minor portion of 1% private land acquisition (0.05ha).

43. For all land requirement of the subproject governmental land was allocated by the Ban Pak District and communal land, which will be used for the VEI component through the communities (planning and implementing during subproject construction stage). Both District and villages regard this as their contributions to the subproject.

3.2 Temporary Land Acquisition 44. Any temporary site installation and construction roads the contractor will have to propose in a site installation and access plan and obtain approval by the resident site engineer. Where possible, public land will be used for temporary land use. Through a transparent and contractual approach, the Executing Agency will provide the contractor with the project's land acquisition and compensation principles and will closely monitor to ensure that (i) official compensation rates are


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applied, (ii) re-instatement of affected assets contractually defined, (iii) consultation taking place, (iv) grievance mechanism followed, (v) EMP applied, and (vi) other items specified.

3.3 Temporary Disruption 45. Installation of mains and distributors with a rounded total length of 136 km will be along roads with both urban and rural features and concerns a trench related area of about 9.13 ha. It is expected that the scope of work installation of pipes (max 1m wide trenches) will not cause closure of business or stop of provision of public services. In this context the following aspects and steps are taken into consideration:

The installation of distribution main and riders will be carried out in construction sequences. It is limited to 1 to 3 days within parallel operating business activities. In case business activity is disrupted for more than 3 days by closure due to subproject construction contractor will pay a cash allowance equal to provincial daily wage or average daily revenue as relevant. This topic has also been presented and discussed in public village meetings and agreed with business owners. The progress of civil works will be closely monitored and reported through quarterly progress reports and semi-annual social safeguards monitoring reports, and any cases of disruptions and allowances paid will be tracked with supporting documents attached to the reports.

Excavation work will mainly be done by machine for easily accessible and not disturbing construction conditions. Where necessary and applicable manual trench excavation should be applied, meaning on small sites or in confined spaces, excavation should use tools such as picks, shovels and wheelbarrows to avoid or limit unnecessary disturbance to people or damage to structures. Construction methods also includes provision of temporary driveways/planks, direct backfilling of trenches. The respective specifications are to be included in bidding documents / work contracts and are in line with the EMP.

The period and schedule of construction of the water distribution net will be published at village level in advance so that villagers know about the planned construction work.

The bidding documents will include reinstatement price for any damaged structures/assets caused by contractor during construction in pipe laying rate. Reinstatement work is the full responsibility of the contractor and payment for pipe laying is made conditional completion of reinstatement work.

3.4 Affectedness 46. There are 2 AHs caused by loss of private assets. These acquisition requirements assets are (a) limited to one case of a private area of 524 m2 and another case of 47 private teak tress on government land (see Chapter 8.4), (b) relates only to temporary disruption to private, communal and/or public premises, but (c) does not cause restriction of community/public services, and (d) will not lead to loss of income sources, or means of livelihoods. There are also (e) no requirements for relocation. The subproject, however, has a specific case of a private user of a government plot of the size of 3,455 m2, of which 400 m2 have been allocated for the construction of a new water reservoir. This 400 m2 have not been used or improved by the private user, however, the related payment for transfer or land use rights will be reimbursed by the subproject to the private user.

47. The permanent loss of affected assets will be compensated to the owners. In case contractor damages other private assets such as trees or secondary structures (fences, floors) he has to compensate affected trees in cash and replace secondary structures in kind to same or better quality.

48. The villagers contacted during the consultation meetings and/or transect walks after discussions with village authorities, indicated their willingness to support the subproject.


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4. SOCIO-ECONOMIC INFORMATION AND PROFILE

49. The information of sub-chapter 4.1 is mainly based on Appendix D “Socio-economic survey report” of the Feasibility Study Report, whereas sub-chapter 4.2 is based on the socio-economic survey of affected households (SESAH).

4.1 Benefitting Communities

4.1.1 Nam Bak District 50. In 2016 Nam Bak District had a total of 81 villages with a population of 72,767. The district is the second most heavily urbanized in Luang Prabang province, after the capital district itself. From village and district government population data, there are about 4,388 households in the 15 core villages, with a total population of 24,705. Namthouam Development Zone is a string of villages along the national Road 13 North, rather than a district centre. This string of villages stretches approximately 19 km from near the Namkhan 2 River going southwards along the main road joining Luang Prabang and Oudomxay. The string of villages starts about 8 km south of Nam Bak town, the seat of the district government in Nam Bak District.

51. The administration center for Namthouam District is located in Nam Bak, which is about 125 km to the north of Luang Prabang, and 465 km to the north of Vientiane. Nam Bak District (2015 census) had a population of 68,863, which had increased to 72,767 by 2018 (District govt. data). There is some existing Nam Saat gravity fed supplies to a number of villages (about 41%) and a private supply to 178 households in Pakmong.

4.1.2 Core Villages 52. Namthouam has fifteen (15) benefitting core villages from Vangkham in the north to Xiengda in the south, as shown in Table 2.

Table 2: Subproject Core Villages and their Population

Ser. No Village Households (2018) Population (2018) Household Size [Name] [No.] [No.] [Person/HH]

1 Vangkham 90 518 5.76 2 Pakmong 361 2,058 5.70 3 Nakok 123 598 4.86 4 Phonxieng 213 1,025 4.81 5 Thabou 93 578 6.22 6 Namkhan 2 155 954 6.15 7 Phonsavanh 279 1,518 5.44 8 Namthouam-Neua 424 2,561 6.04 9 Namthouam-Tai 706 3,990 5.65 10 Phonmany 328 1,994 6.08 11 Xang 337 1,786 5.30 12 Phonsavang 221 1,388 6.28 13 Houana 691 3,959 5.73 14 Namkha 127 703 5.54 15 Xiengda 240 1,075 4.48

Total 4,388 24,705 5.63 Source: Data gathered from Namthouam District gov. sources, and, where possible directly from the villages listed

53. The subproject will provide water supply infrastructure of the subproject villages. It includes also village environmental improvement activities, where village infrastructure has been selected for design and construction or rehabilitation, as discussed between village representative, District Coordination Office (DCO) and PIA. The subproject engineering design projected the population as shown in Table 3.


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Table 3: Subproject Core Villages and their Projected Population

4.1.3 Ethnicity 54. The fifteen villages of Namthouam have majority Khmu (56%) people, with 25% Hmong and 19% Lao Loum as detailed in Table 4. The SES sample survey indicated that although over 80% of the population had a language other than Lao as their first language, 96% of the heads of households spoke and understood Lao as well. All surveyed villages apart from Houana and Phonmani had a large majority of Khmu population – Houana was mixed and Phonmani almost entirely Hmong.

Table 4: Ethnic Population in the District Town Villages in Namthouam Zone

Ethnic Groups [% of total] Lao Loum Hmong Khmu

1 Vangkham 52% 0% 48% 2 Pakmong 34% 8% 58% 3 Nakok 43% 0% 57% 4 Phonxieng 27% 0% 73% 5 Thabou 90% 10% 0% 6 Namkhan 2 2% 0% 98% 7 Phonsavanh 7% 29% 64%

8 Namthouam-Neua

7% 22% 71%

9 Namthouam-Tai 6% 16% 78% 10 Phonmany 0% 95% 4% 11 Xang 27% 13% 60% 12 Phonsavang 2% 78% 20% 13 Houana 26% 31% 43% 14 Namkha 4% 0% 96% 15 Xiengda 55% 2% 43%

Total 19% 25% 56% Source: Data from village authorities


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55. People who might not have Lao as their first language include the Khmu and Hmong, which together make up over 80% of the total population. The data are from the district government and are very close to the village authority data. What is significant about the data presented is that the average Hmong income and the average Lao Loum income are not very different. Average Khmu income lags at 44% below the Lao Loum income. Differences can be seen in occupations – 83% of male Hmong heads of households were farmers compared with 39% of Lao Loum; 25% of Lao Loum were government officers compared with 0% of Hmong.

4.1.4 Other Selected Features

56. The sex ratio in the 15 villages was given at 1.01 by the village records (meaning that there are slightly more males than females), or at 1.00 overall (balanced) from records supplied by the District Govt. The village and district records are very close to the national average of 1.01 (2015 census). There was significant variation in the sex ratio (from 0.9 in Xang to 1.09 in Namkha) and in household size (from 4.5 in Xiengda to 6.3 in Phonsavang – a Hmong village). Village data gave 4.2% of households as headed by females, but the survey data figure was 10.5% for the 8 villages surveyed, still lower than national data for large towns - National Population and Housing census 2015 – 18.4%. Higher rates of female-headed-households were found in villages with low Hmong populations. The average household income for women-headed households, at LAK 3,218,000, was lower than that of male headed households 3,935,000 (18% lower). However, from the survey results, women-headed households had 36% fewer members (average 3.57) than male headed ones (5.61). Because of this the income disparity per person income in women-headed households is actually much higher at 1,001,000 than for male-headed households (783,000), a difference of 28%. About 94.5% of respondents overall owned the house they were living in, and over 78% of houses were described as permanent, being made of bricks, concrete, and wood. Only a few (6%) houses were constructed from temporary materials.

57. Male household heads overall have more years of education than female heads, 85% of whom have only primary or no education, compared to 61% of male heads. About 17% of male and 8% of female heads of households had a post-lower secondary education. Education level and income correlated closely overall but upper secondary graduates earned significantly more than university or technical institute graduates. The three ethnic groups had no significant difference in education levels. Over 80% of the population had a language other than lao as their first language, almost all heads of households spoke and understood Lao as well. There are 34% of female heads of households and 14% of male heads who have never been to school might have difficulties reading written material. The communication media designed for the project should take this into account.

4.2 Profile of Affected Households

4.2.1 Socio-economic Characteristics 58. The 2 AHs were surveyed in December 2020 through a household questionnaire in order to describe their socio-economic features (see Attachment 3.1). The interviewed AHs participated in this survey, as they were explained before the start of surveys, that this is a requirement of both GoL and ADB.

59. The AHs were also informed that the survey results will not only describe the general socio-economic situation of the AHs, but also find out their social status and vulnerability both in relation with prioritized access of vulnerable AHs to subproject associated initiatives and other support measures. In this context not only information through villages sources were also verified and applied, but also data collected through DMS, IOL, public consultation, and meetings between villagers and PPO, DCO and GIC.

4.2.2 Vulnerable Affected Households 60. Through examination of the vulnerable status of AHs, the socio-economic survey confirms that there are no affected households who will become vulnerable because of the subproject’s


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civil works. The SESAH also reviewed categories of vulnerable households in reference to the LACF as well as the six defined national poverty categories:

(i) Female headed households with dependents: - No cases, as the 2 heads of AHs are male and not widowed.

(ii) Disabled household heads: - No cases.

(iii) Poor households: - No cases, as the surveyed income of the AHs is higher than the cash income level of

467.000 LAK/month/capita as defined in Decree 348 as benchmark criteria for poverty graduation and development.

- As part of the SESAH, AHs meet the six criteria on graduation of families from poverty were reviewed for the AHs:

1. Have safe and strong houses. 2. Have assets and equipment necessary for their livelihoods and income

generation. 3. Have labour, stable income or employment. 4. School age family members receive lower secondary school education. 5. Have access to water which will be improved through the subproject and stable

sources of energy. 6. Have access to primary public health services.

Both AHs meet items 1 to 3. For items 4 to 6 all villages depend on local authorities and line agencies proving such public services. No cases were found among the AHs where their children at school age did not attend school classes, because these would have been unaffordable for these households.

(iv) Children and the elderly households who are landless and with no other means of support: - There are no elderly headed households. - Both AHs have their means of income.

(v) Landless households: - There are no such cases, as all AHs are landowners.

(vi) Ethnic groups: - These AHs informed in general that there is no marginalization of ethnic groups in

their villages. - No disadvantages or privileges for them in their communities. - Their equal procedures applied for all AHs concerning LAC aspects.

4.2.3 Severely Affected Persons 61. There is no such case to report as the 2 AHs (i) will not be physically displaced (relocation), as there are no cases of loss of residential land or structure, and (ii) they will not lose 10% or more of their productive assets (income generating).

4.3 Equal Participation and Benefits for all Villagers

62. All villagers actively participate in subproject activities. All villagers of the present ethnic groups in the subproject area are also equally treated by the subproject and have same access to provision of water supply connections. No constraints on active participation in public meetings and transect walks have been observed. In addition, there:

Are no geographically distinct habitats or ancestral territories of importance for them. Is free access to any cultural, economic, social and political institution. No differences made between households with regard to access and use of natural

resources, as well as provision of and connection to existing or new public water supply through the subproject as direct beneficiaries of the subproject.

Are same water user behaviour patterns within and between ethnic groups.


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63. This reflects the situation in the core villages, that no distinction is made between villagers in their communities with regard to social status including their ethnic groups, which would lead to constraints for villagers because of their ethnicity. No limitation and distinctions have been observed and were confirmed by villagers themselves in their communal behaviour or access to improved public services, such as water supply. It is not expected that the subproject will have any negative impact on ethnic people.

4.4 Social Impacts

64. The subproject will provide water supply infrastructure of the subproject villages. In addition, there are other benefits, such as but not limited to, health improvement, educational awareness on WSS, assumed increase in households’ income activities, because of reduced or no time budget required for family members concerning water collection. 65. The social impacts are overwhelmingly positive as the villages will experience a better and reliable water supply leading to an increase of their living quality. There are two cases where households will be affected through loss of minor portions of their land and trees, but both not causing physical displacement and not leading to significant economic adverse impacts. For these reasons, the consulted villagers appreciated very much the subproject and expressed their motivation to collaborate with the subproject.

5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

66. The disclosure of LAC information, consultation and participation of residents in the subproject took place in May 2019 at FS stage and March 2020 at DED stage (for details see Attachment 2). In addition, individual meetings were held with the AHs between December 2020 and February 2021 combined with transect walks. In total, 23 persons, including 2 female participants were consulted in March 2020, and 25 persons were consulted in January through February 2021 (for details see Attachment 4). The contacted residents have a good understanding about the subproject and its land acquisition related aspects. The contacted villagers (i) show repeatedly an open attitude and a confirmed very supportive behaviour towards the subproject as water supply and sanitation are topics of high interest, and (ii) did not raise serious concerns or issues. 67. Provincial and district officials, as well as village representatives, households and families have been informed about the subproject in general and LARC aspects in particular. The subproject ensured that residents and other stakeholders have (a) obtained information about LARC aspects, and (b) opportunities to participate in the LARC process. A summary about the meetings is given in Table 5.

Table 5: Summary of Meetings NO. Concerns raised,

questions asked Subproject responses,

consideration for design and mitigation measures GENERAL TOPICS (NOTE: ARE ASKED IN SAME/SIMILAR WAY IN ALL SUBPROJECTS)

1 Land Which / whose land is need

Describing the layout of the water scheme. Subproject will use gov. / communal land for intake, water

treatment plant, reservoirs, office, access road, others. Private land would only be acquired if engineering design

requires such locations. 2 Compensation Loss of Land Would have been paid in cash or through land-for-land.

Damage to private belongings, such as fence, entrance area to compound, others

The policy of the WSSP-AF is that in case of damage on private structure (fence, floor) the construction company will replace it in kind at same or better quality. Damages will be measured/quantified.

There are temporary disturbances between 1 and 3 days expected for installation of main and distributor pipes.

As required / necessary temporary access would be provided to these compounds.

3 Construction Planning and duration

Construction phase is 2.5 years. Current schedule: from early-2021 to mid-2023.


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NO. Concerns raised, questions asked

Subproject responses, consideration for design and mitigation measures

GENERAL TOPICS (NOTE: ARE ASKED IN SAME/SIMILAR WAY IN ALL SUBPROJECTS) 4 Costs House

connections Free connections during implementation of subproject

meaning construction phase. After operation of subproject provided water supply, then

fees for installation must be paid. Water price Yes, all connected households have to pay otherwise the

supply with potable water to households will be cut. The expected price will be the same as applied in Luang

Prabang city: for household 4,000 KIP/m3 meaning 1,000 liters for 4,000 Kip.

Payment of water fees each month. If you do not use water, you also pay as fees also include operation and maintenance of water meter

SUBPROJECT SPECIFIC TOPICS 7 A family who does not have a

family book - if they need a free connection what can they do?

To make a family book and village chief to certify in a letter, as only one connection can be given to a house.

8 For how long is a free water connection offered? Do we have to pay for a meter?

You can have 15m and one meter for each house. If your connection is longer than you must buy additional pipes.

MEETINGS

Number Total: 15 public meetings: 14 village meetings in May 2019, and 1 combined district/village meeting in March 2020.

Venues Village meeting places or schools, district meeting halls

Participants Total: 1017: In May 2019: 356 females and 638 males; in March 2020: 3 females and 20 males.

68. The dissemination and consultation activities are performed as an integral part of the resettlement planning process to inform the concerned villages about LAC items through (a) village meeting/s and (b) individual clarifications, in addition to (c) joint transect walks. During LAC fieldwork, the staff of EA and IA, as well as the PIA consultants initially provided information about participation of affected persons in land acquisition activities, the involvement of district and village leaders in the overall process, type of compensation and mitigation measures. The dissemination of information has been based on the public village meetings, but also ensured the villagers’ access and knowledge about the GRM (see Chapter 6) by distribution of A0 formatted posters to village offices about the GRM steps. Updated information about the subproject will be disseminated during the mobilization of the contractor. 69. The feedback of consulted people given to EA, IAs and PIA in public meetings as well as findings from further consultation and discussion during LAC related fieldwork with villagers have been considered by the preparation of this Updated LACP. With the 2 AHs, the approach and calculation for the compensation was discussed, explained and agreed upon. During the planned provision of compensation in May 2021 this will be repeated as an additional disclosure step to ensure final understanding and agreements. The on-site consultation with villages will have to be continued during construction stage.

6. COMPLAINTS AND GRIEVANCE REDRESS MECHANISMS

70. In terms of grievance redresses, the consulted villagers have been briefed about rights to grievance and the procedures in case LARC items would become a subproject related issue. This shall be repeated through pre-construction meeting in villages near the site. This will be public meetings organized through the PIU. Local stakeholders, the contractor and construction supervision consultants will be present. The work program including review of the subproject’s infrastructure layout will be presented. The safeguards including LARC, environment and gender aspects will be explained as will the GRM.


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71. The main steps as outlined (see Attachment 1.3) were presented and explained. In addition, A0 poster with the GRM steps and contact details were handed over to the village heads for their offices and publicly established in May 2019 at village level. For each step details are described, agreed and explained to both resettlement responsible committees and the AHs. In case unanticipated impacts may occur and if the mitigation measures are not properly implemented, or unforeseen issues occur, the outlined procedure will be followed for the GRM by the subproject. The objective of the grievance redress mechanism is to resolve complaints as quickly as possible at the local level through a process of conciliation, and if that is not possible, to provide clear and transparent procedures for appeal. 72. The table below presents GRC composition at various levels for the Namthouam Subproject.

Table 6: GRM Composition and Contacts Ref. Name of the GRC Member Position/Designation Contact Number

Province Luang Prabang: Project Implementation Unit 1 Mr. Soulith Chindamany

Louangpha Director of PNP 020 5577 1414

2 Mr. Bounphon Markdara Head of PIU 020 2235 3009

District Nam Bak: Project Implementation Unit 3 Mr. Thongkham Chindaphon Member PIU 020 5555 9454

4 Mr. Heryang Chapia Member PIU 020 2337 3667

Village level1 5 Mr. Chiengyong Phengmany Vangkham 020 9888 2765

6 Mr. Khammang Phanyasith Pakmong 030 9219 030

7 Mr. Fang Nakok 020 5225 8937

8 Mr. Sonthong Phonxieng 020 5670 5539

9 Mr. Bounthia Lormanivanh Thabou 020 5873 2523

10 Mr. Air Sayyasith Namkhan 2 030 9785 464

11 Mr. Syphon Phonsavanh 020 5229 5752

12 Mr. Sanya Vilaysack Namthouam-Neua 020 5547 8841

13 Mr. Chiengsiphanh Sirivong Namthouam-Tai 030 4981 020

14 Ms. Maiyang Phonmany 020 9932 2034

15 Mr. Khamhack Saiyasith Xang 030 9924 712

16 Mr. Vuely Phonsavang 030 5432 135

17 Mr. Somnith Houana 030 9413 072

18 Mr. Chantea Chanthamany Xiengda 020 5438 1360

19 Mr. Boun Larkeomany Namkha 030 9914 438 73. As it was discussed in public meetings the villagers indicated to solve issues through their existing village arbitration units (VAU) that have already been established in the core villages. They are integrated into the GRM. The Village Development Committee (VDC) generally consists of the village chief, deputy chief, village secretary, and village representative of the Lao Women’s

1 At the village level heads of listed 15 villages are included


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Union, Lao Front for National Construction, village elders, youth, and village land taxation unit. The VDC is responsible for settling disputes between villagers through conciliation and negotiation. In the absence of these units, the members of the village committee (if formed) or the villager leaders will act as grievance officers. The APs may present their complaints to the concerned local administrative officials and resettlement committees. The complaint can be filed first at the village level and can be elevated to the highest or provincial level if the APs are not satisfied with the decisions made by the village and district levels/committees. APs will be exempted from all taxes, administrative and legal fees associated with their claims and grievance redress. 74. All complaints and resolutions will be properly documented and be available for (a) the public and (b) review for monitoring purposes. At each stage of the grievance redress mechanisms (GRM), careful written records will be maintained. The VDC/VAU will submit reports to the District Committee (DC) documenting (i) the complaints received; (ii) the names and other pertinent information about complainants; (iii) the dates of the original complaint, meetings and any other actions; and (iv) the outcomes and/or resolution. The PRC and DWS will each maintain similar records for appeals that are submitted to them. The records of grievances will be included in regular progress reporting on the subproject. In addition, the safeguard monitoring reports will also regularly reflect the GRM status for each subproject. 7. LEGAL FRAMEWORK

7.1 Lao Requirements

75. The Project’s LACF describes the legal framework. Each subproject has to follow relevant Lao PDR laws, decrees and regulations including but not limited to the: (i) The Decree on the Promulgation of the Amended Constitution of Lao PDR dates on 28

May 2003 and concern the constitution dated 06 May 2003. It replaces the Constitution of the year 1999. It describes among others the (a) socio-economic system, (b) fundamental rights and duties of citizens, (c) local administrations, (d) judicial organs.

(ii) Lao National Land Law, dated 2003, including among others (a) defining land use and land ownership, (b) describing land tenure system, (c) providing the regulation framework for compensation of land but also including relocation of people that are affected by development schemes.

(iii) Lao National Forestry Law, dated 1999, including among others (a) defining policies on forest and watershed management, and (b) promoting conservation and rehabilitation of forest resources.

(iv) Lao National Water and Water Resources Law, dated 1996, including among others (a) principles/rules defining exploitation of the water and water resources, (b) management regulations for protection and preservation of the water and water resources, (c) outlining water resources classification systems.

(v) Lao National Road Law dated 1999, including among other (a) describing public roads and road activities, (b) defining management and land use for roads, (c) explanations to construction of roads and monitoring of roads’ conditions.

(vi) Decree No.192/PM of the Prime Minister, dated 7 July 2005, concerning the compensation and resettlement of people affected by development projects. This decree has been replaced by a new improved Decree No. 699/PMO of the Prime Minister Office 12 March 2010 on Compensation and Resettlement of Development Projects. This decree has been replaced by the Decree No. 84/PM “Compensation and Resettlement Management in Development Projects” of the Prime Minister dated 04 May 2016.

(vii) Regulations for implementing the Prime Minister on Compensation and Resettlement of People Affected by Development Projects (No.2432/STEA, dated 11 November 2005), are assumed remaining valid and to be applied.

(viii) Reduction of Poverty Fund’s Social and Environmental Guidelines dated 2008. Then Decree 309 on Poverty Classification and Development dates 14 Nov.2013. It was replaced by Decree 348 GoL on Criteria for Poverty Graduation and Development, 16 Nov. 2017.ADB Regulations.


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76. In general, the national Lao policies on land acquisition, compensation, assistance and resettlement are aligned with the ADB’s key guidelines for involuntary resettlement such as: (i) Safeguard Policy Statement dated June 2009. SR2 (Involuntary Resettlement) and SR3

(Indigenous People) both apply. (ii) Operational Manual Section F1/OP dated March 2010.

7.2 Agreed Key Principles

77. Based on these key references the Project has defined the following key principles aiming at LARC objectives the subprojects shall achieve, as shown in Table 6.

Table 7: Key LAC Objectives No. Key Principles

1 If possible, loss of land, structures and other assets and incomes shall be avoided and minimized by exploring all viable options. Subprojects causing relocation of households are not considered.

2 All project affected people shall be provided with compensation for their lost assets. In case of loss of incomes on businesses the provision with compensation shall cover the experienced loss oof income to maintaining their pre-project situation.

3 Lack of legal rights to the assets lost will not bar the project affected people from entitlement to such compensation and rehabilitation measures.

4 Replacement of affected assets shall be provided following the principle of replacement costs, without deduction for the value of salvaged materials, taxes, transaction costs and depreciation.

5 Preparation of LACP and their implementation shall be carried out with participation and consultation of project affected people.

6 Schedule of budget for LAC planning (including socio-economic surveys and/or census) and implementation shall be incorporated in project planning and financing.

7 Payment of compensation or replacement of affected assets shall be completed before issuing the notice to commence work.

8 Special assistance for AHs if they become vulnerable because of subproject activities.

78. Currently, both ADB guidelines and policies, and Lao PDR national laws and regulations entitle subproject affected persons to compensation of private assets. The main principles of the government policies on land acquisition, compensation, assistance, resettlement, consultation, information dissemination, disclosure and grievance redress match those reflected in ADB’s SPS (2009). Where issues arise relating to compensation and assistance of APs that have not been specifically reconciled, the ADB’s SPS shall prevail.

8. ENTITLEMENT, ASSISTANCE AND BENEFITS 8.1 Entitled Categories Affected Persons

79. The subproject defines eligibility as those people residing, cultivating and/or making a living within the area affected by the subproject as of the formally recognized cut-off date should be considered as subproject affected persons for the purposes of entitlements to compensation in accordance with the provisions of laws and regulations. The LAC planning includes affected people as shown in Table 7. In the context of WSSP-AF, different categories of people using or occupying land in a subproject area may be affected and, as a consequence, be designated as APs. These categories are determined on the basis of (i) Lao law and legal practice to define legal users including unregistered users; (ii) ADB policy regarding APs with affected assets; and (iii) a review of the conditions that are likely to apply in subproject areas.

Table 8: Project Categories of Entitled Affected Persons No. Categories of APs 1 Land:

Legal users include individuals, households or organizations with recognized land use rights evidenced by (i) documents such as a registered land title/certificate, survey certificates, land tax receipts, residency certificates and documents supporting customary land use rights; or


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No. Categories of APs (ii) having applied for and awaiting receipt of recognized land use rights documents, e.g., registered Land Title. Legal users also include (iii) unregistered users that have written permission of village authorities to occupy and/or use land.

2 Land: Non-legal users include individuals, households or organizations without legal, possessory or recognized land use rights.

3 Primary and secondary structures: Owners of houses, shops and other structures whether or not a) there is recognized land use rights or b) a permit was issued to construct the structure.

4 Commerce and/or Business: Owners of businesses whether or not the businesses are registered.

5 Lease or permissory users: Users/occupants that lease or have permission to use affected land and/or affected structures (houses, shops, market stalls, etc.) whether or not a) the land and/or structures are owned by private parties or the State or b) the tenancy is based on a formal lease or permission of the owner.

6 Laborer and/or Employees: Agricultural laborers, non-agricultural laborers and employees temporarily or permanently affected by the Project.

7 Crops and Trees: Persons/households whose crops (annual/perennial) and trees are affected by the subproject.

8 Use and/or access to common property: Persons or households who stand to lose access to common property resources and community assets (temporarily or permanently) due to the subproject.

8.2 Eligibility

80. All APs who are identified in the project-impacted areas will be entitled to compensation for their affected assets to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date represents the final day for verification of status of APs during DMS and SESAH. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other mitigation, unless there has been a change in subproject design.

8.3 Voluntary Donation

81. Voluntary donations are not applicable in the Project.

8.4 Loss of Assets and Resources

82. Based on LAC field work between November 2020 and February 2021 there were 2 cases of loss of assets. This led to the preparation of this Updated LACP at the end of the detailed design stage during 1st quarter 2021. The proposed WSS civil works will take place with 99% in existing public right-of-way or on governmental land, and with 1% on private land.



Table 9: Subproject’s Entitlement Matrix

Type of Loss Private Non-Private

Mitigation Measures Implementation Issues AH AP Com.

Owner Gov.

Owner I. LOSS OF LAND A Temporarily Affected

A-1 Agricultural Land 0 0 A-2 Residential Land

A-3 Commercial Land B Permanently Affected

B-1 Agricultural Land 1 5 0 Compensation for 524 m2 fallow land

Already agreed cash compensation. AH expressed his high satisfaction about this.

B-2 Residential Land

1 case 0 0

Reimbursement of costs for land use transfer of 400 m2 idle piece of a resid. cum com. land

B-3 Commercial Land

II. LOSS OF HOUSES & OTHER STRUCTURES C Temporarily Affected

C-1 Houses

0 0 C-2 Shelter/Dwelling C-3 Fence C-4 Others

D Permanently Affected D-1 Houses

0 0 D-2 Shelter/Dwelling D-3 Fence D-4 Others

III. LOSS OF CROPS & TREES E Temporary Loss of

E-1 Crops 0 0

E-2 Trees F Permanent Loss of

F-1 Crops 0 0

F-2 Trees 1 7 0 Compensation for 47 teak trees

Already agreed cash compensation. AH expressed his high satisfaction about this.

IV. LOSS OF COMMON PROPERTY RESOURCES G Temporary Loss of Services

G-1 Administration

0 0 G-2 Water and Sanitation G-3 Health and Education G-4 Transport G-5 Land

H Permanent Loss of Services H-1 Administration

0 0 H-2 Water and Sanitation H-3 Health and Education H-4 Transport H-5 Land

V. LOSS OF LIVELIHOOD I Business Owners

0 0

Access ways, immediate back-filling and other measures

This requires strict construction supervision. Temporary disturbance limited to 1 to 3 days. Otherwise, compensation for loss of income.

J Lease Holders K Tenants L Employees

M Agricultural workers N Vendors

VI. REHABILITATION ALLOWANCE O Transition Subsistence

Allowance 0 0 There are no relocation cases P Transport Allowance

Q Repair Allowance

VII. ADDITIONAL ASSISTANCE FOR VULNERABLE APs R Special Assistance for Soc. /

Econ. Vulnerable APs 0 0 There are no cases where households become vulnerable or severely affected.

However, the two owners of affected assets and one private user of gov. land should be a beneficiaries of the subproject’s free service connection and/or VEI component.

S Special Assistance for severely APs 0 0



Type of Loss Private Non-Private

Mitigation Measures Implementation Issues

AH AP Com. Owner

Gov. Owner

Note: This Entitlement Matrix is equivalent to the entitlement items as defined in the Project LACF.

83. The results of the SESAH have been summarized in Attachment 3.1. An IoL has been prepared under Attachment 3.2. Compensation rates were assessed through a replacement cost survey through Attachment 3.3. The entitlements are summarized in the subproject’s matrix in Table 8. This information has been used for the preparation of the resettlement budget (see Chapter 11).

8.4.1 Loss of Land and Use of Land

84. There is 1 case of subproject affected private productive land with a permanent loss of 524 m2 fallow land, which represents 1.1% of the AH’s total productive land of 4.6 ha. Current status and other details are given in Attachment 4.2.

85. No cases of subproject affected private residential or commercial / business land to report. However, the district has allocated 400 m2 to the subproject out of 3,455m2 of a government plot. There is one private user of this compound but has not utilized this 400m2

in the past. Current status and other details are given in Attachment 4.3. In addition, Mr Chieng has been recognized as formal private user of government land, as he showed to PIA confirming details about his tax payments from 2016 to 2019 concerning the total area of 3.455m2 including the subproject concerned 400 m2.

86. It has been assumed that temporary land requirements for establishing construction installation areas and camps concern public land. No compensation costs are assumed for such cases. In case contractor/s would damage property the contractor/s will be obliged to pay compensation at replacement costs immediately to affected families, groups, communities or government agencies. Damaged property will be restored immediately to its former condition including reinstatement of land if unexpectedly and temporarily affected.

87. Standard contractual obligations with contractor/s are to be applied as a precaution in contracts (i) to pay compensation immediately, and/or (ii) restore property to its former condition in case contractor/s would damage such property.

8.4.2 Loss of Houses and Other Structures

88. No cases of subproject affected primary houses and structures to report.

89. No cases of subproject affected secondary houses and structures to report.

90. During construction temporary access ways to adjacent plots of land have to be provided by the contractor, who also shall contractually be bound to reinstate permanent access ways to the same or better condition than before the construction.

8.4.3 Loss of Crops and Trees

91. No cases of loss of crops through the subproject to report. There will be no damage of crops because of construction works that would be scheduled in accordance with harvesting period, if required.

92. There is one case of loss of 47 teak trees owned by 1 AH. Current status and other details are given in Attachment 4.1.



8.4.4 Loss of Common Property Resources

93. No cases of subproject affected communal services to report.

94. No cases of subproject affected communal properties to report.

8.4.5 Disruption of Business

95. No cases of loss of business to report. To avoid or minimize such disruption the contractor will be obliged to provide access ways, immediate backfilling and other measures.

96. The installation of main and riders will be carried out in construction sequences. It is limited to 1 to 3 days within parallel operating business activities and will not cause closure of businesses. Temporary disruption to business activities will occur to restaurant operators or food/beverage vendors during 1-3 days of civil works along the Right-of-Way (RoW) of public roads. In case business is closed, or construction/backfilling takes longer than 3 days caused by the contractor (example: temporary access is not provided as per required by the EMP, and impact occurs), the contactor shall compensate for occurred impacts through paying cash allowance equal to provincial daily wage or average daily revenue as relevant construction supervision consultant will closely monitor, and details will be reported through semi-annual safeguards monitoring reports.

9. RELOCATION OF HOUSING AND RESETTLEMENT

97. No relocation of houses or settlement through this subproject to report.

10. INCOME RESTORATION AND REHABILITATION

10.1 Allowances

98. No cases of allowances to report.

10.2 Special Assistance

99. There are no cases caused where special assistance would be required.

100. There are no cases of loss of income through construction caused disruptions.

101. The two owners loosing private assets and the one private user of governmental land are direct beneficiaries of the subproject. Therefore, it should be assured that (i) there is access to free service connection as a private household, and (ii) there should be benefits from the VEI component.

102. There are no cases of encroachers or squatters to report.

11. RESETTLEMENT BUDGET AND FINANCING PLAN

103. An actual cost estimate of LAK 14.169,5 million (US$ 1,507) has been prepared under Table 9. It covers the compensation for private 524 m2 productive land and 47 teak trees as well as the reimbursement of transfer of land use rights related to 400 m2. All LAC related costs will be financed by GoL counterpart funds. Costs for LACP and safeguards implementation are borne by separate budgets.

104. Concerning compensation and reimbursement payments, market rates orientated calculation has to be applied. This is necessary to be in line with the Project’s Land Acquisition and Compensation Framework, where both GoL and ADB agreed on land acquisition and compensation principles for the implementation of subprojects. Therefore,



the updating of compensation unit rates for assets and the reimbursement for transfer of land use right payment has been based on inflation rates. The related details on inflation rates, adjusted unit rates and calculations are shown under Attachment 3.3.5 with self-explanatory detailed tables.

105. The funds for payments are available for the implementing agency, as the Project Implementation Unit (PIU) at provincial level is under the Department of Public Works and Transportation. This facilitates that available funds can directly be used for compensation payments as needed without time consuming formalities and administrative procedures. In addition, as this PIU provides support in coordinating the provincial and district agencies, taking decisions on behalf of the provincial government, and any internal settling of accounts between governmental institutions.

106. The compensation will take place in form of in-cash payments to the affected persons through the District Coordination Offices (DCO) headed by the District Governor, as this falls under his implementing assistance for the subproject. The representative of PIU will also be involved as member of the resettlement committee. The timing depends on the ADB approval of the Final Updated LACP. It is expected that the payments will be planned, prepared and completed within 1 month after that approval. This should also include the documentation of completed compensation payments. The planning considers May 2021 as completion date, which ensures performed and documented compensation before the scheduled mobilization of civil works contractor also in May 2021.

107. As part of the implementation of the LACP, the current status of the agreements (see Attachment 4) will be replaced by documenting the paid through use of inflation rates increased amounts for compensation of affected land and trees as well as a new defined reimbursement for transfer of land use rights.

Table 10: Compensation Budget Item Description Amounts

[LAK] Comments

Loss of land 524 sqm private productive land 11,746,974 1 case of required compensation for

lost private asset Loss of houses and structures No cases No costs Loss of crops

Loss of trees 47 private teak trees 1,738,507 1 case of required compensation for lost private asset

Loss of user rights 400 sqm government land 684,015 1 case of required reimbursement for lost payment of user rights

Loss of common property resources

No cases

Potential temporary loss of business income

There is no loss of income, as temporary disturbances through pipe installation will be mitigated though access over trenches, immediate backfilling and others during the construction stage.

Income restoration

Additional assistance Complementary measures

Sub-Total 1: Mitigation 14,169,497

LACP and safeguard implementation

Administrative matters. Separately budgeted.

Through GoL and/or Project funding. Monitoring & Evaluation

Sub-Total 2: Implementation Separately budgeted



Item Description Amounts [LAK] Comments

Contingencies (10% of subtotals 1) n.a.

Contingencies (10% of subtotals 2) n.a. Sub-Total 3: Contingencies 0

TOTAL LAK TOTAL US$ (1 US$ = 9.400 LAK)

14,169,497 1,507

12. INSTITUTIONAL ARRANGEMENT

12.1 Project Executing and Management Structure

108. The LACF of the WSSP-AF sets out detailed information on the institutional arrangements for the preparation and implementation of land acquisition, compensation and resettlement.

109. To ensure inter-agency cooperation at the national level, a National Project Steering Committee (NPSC) has been established. This PSC can meet regularly and as required to review and approve Project’s overall implementation progress, work planning, budgets, and provide overall policy guidance. A National Project Coordination Unit (PCU) within the Ministry of Public Works and Transport (MPWT) - Department of Water Supply (DWS) under the guidance of its National Project Coordinator (NPC) provides secretariat services to PSC. Provincial Project Steering Committees (PPSCs) have been established to ensure inter-agency coordination at provincial level. The PPSCs are chaired by provincial vice governors with equivalent representation to that for the PPSCs, including governors from the participating districts. The PPSCs will meet regularly or as required to review implementation progress and to ensure adequate levels of coordination between key agencies for project coordination. The PIU will provide secretariat services to PPSCs.

110. The MPWT – DWS is the Executing Agency (EA) and cooperates through its PCU closely with PNP as both are the key institutions playing crucial roles in the implementation of the WSSP and its subprojects as well as in ensuring safeguards. The PCU will receive overall direction and policy guidance from the NPSC, which includes representatives of the main central level agencies, including MoNRE. The key tasks of PCU in coordination with the Project’s Consultant includes, among others (i) review, endorsement and submission of LACPs, (ii) ensuring the performance of internal and external M&E, (iii) guiding coordination of land acquisition and civil works activities and compliance with conditions for the award of civil works contracts.

12.2 Subproject Implementing and Supervision Structure

111. The Project Implementation Unit (PIU) at provincial level is responsible as Implementing Agency (IA) to the day-to-day coordination and supervision of subprojects’ implementation. The PIU is headed by the Director of the PNP. The PIU will provide support in coordinating the provincial and district agencies and take decisions on behalf of the provincial government from the PPSC. Furthermore, the PIU will also work in close collaboration with resettlement committees at the provincial and district levels, as well as with village authorities and organization representatives in the subproject villages.

112. The scope of the PIU’s activities includes (i) conducting AH census through socio-economic surveys and detailed measurement survey (DMS) of affected assets and due diligence following detailed engineering design; (ii) assessing losses and impacts of, AP entitlements and requirements for compensation and rehabilitation assistance, including updating the Entitlement Matrix as required; (iii) meaningful consultation of and participation with APs to inform them about the subproject impacts, their entitlements, compensation rates, rehabilitation assistance and procedures and schedules for implementation of the



LACP; (iv) assisting the work of the District Resettlement Committee (DRC); (v) conducting internal M&E combined regular reporting on land acquisition, compensation and resettlement activities; (vi) assisting in the external M&E, (vi) ensuring coordination of land acquisition activities and civil works, (vi) assuring LAC completion before start of construction, (vii) ensuring contractor’s approach on preferences of AH for temporary work opportunities.

113. At the district level the District Coordination Offices (DCO) headed by the District Governor, assist in the implementation of the subproject through mainly coordinating and supervising subproject activities. This includes among others, to oversee the subproject, monitor progress, review quality of work, coordinate the subproject with the PIU and local communities and report on the progress to the PPSC.

114. Both the Provincial Resettlement Committee (PRC) and the District Resettlement Committee (DRC) cover individually or jointly the following activities: (i) consultation with villagers, (ii) active participation in surveys, (iii) taking part in grievance mechanisms, (iv) certification of official lists of AH/AP, (v) provision of compensation rates (vi) applying defined support and assistance measures, (vii) preparing official and formal compensation entitlement forms, (viii) others. The village leaders play a key role in this context by assisting the DRC in planning and holding public meetings and/or individual consultations/interviews with APs. The village internal structures with chiefs, elders, and representatives of the LWU and/or LFNC will facilitate both to express complaints, if AP require in this matter and to resolve complaints from APs or other households by involving a village arbitration unit to hear to and resolve any complaints from APs and other stakeholders.

115. At provincial and district levels staff has been introduced and actively worked on LARC tasks including (i) general introduction into LARC planning was given, (ii) explaining country safeguard standards and Lao legal context, (iii) briefing provided about ADB involuntary resettlement and social safeguards standards, and (iv) describing compensation approach for the subproject. Relevant LARC related legal documents were distributed to PIU staff who has been involved in the consultation process, DMS screening, IOL and socio-economic surveys.

13. IMPLEMENTATION SCHEDULE

116. The subproject’s schedule of considers a construction period of 30 months in reference to contractor mobilization (effectiveness or contract award) starting in 2nd quarter 2021. The commencement of operation of the WS infrastructure is scheduled for 4th quarter 2023. A general overview about the Project phases has been prepared for the project phases in Attachment 1.4 indicating performed and scheduled activities of design and construction works, together with performed preparation work of the Updated LACP.

117. The construction work can start after ADB gives its “no objection” based on the cleared Updated LACP or any safeguard planning document depending on IR category, as (i) there are 2 cases of acquisition of private assets, but (ii) no impacts on other assets, and (iii) temporary measures (access over trenches, immediate backfilling and others related to the installation of main and distributor pipes), so that the construction disturbances of 1 to 3 days will not lead to loss of income.

14. MONITORING AND REPORTING

118. The PIU in cooperation with DCO and with support from PIA is responsible for internal monitoring of ADB’s safeguard requirement 2 (SR2) on involuntary resettlement.

119. The monitoring strategy will be based on a participatory approach involving different stakeholders, such as communities, organizations, individuals, representatives and others, and certainly subproject affected people.



120. A social safeguards related internal monitoring concerns compliance and performance in terms of whether the overall subproject and resettlement objectives are being met mainly with focus on (a) assessing if mitigation measures and compensation are sufficient, (b) identifying methods of responding immediately to mitigate problems through remedial actions, (c) smooth transition between mitigation activities and civil works, (d) updates of complaints overviews and their management applying GRM, (e) follow up of contract with contractor concerning social-environmental safeguard requirements (the provision of preferences of AH members for job opportunities in case of interest by AH), and (f) others, as regarded necessary.

121. The internal monitoring covers also the work of contractor/s in ensuring that no damage occurred to property/land during constructions and/or are reinstated as part of the contractually required rehabilitation and construction works.

122. The internal monitoring has to orientate its methodology and apply key indicators as defined in the Land Acquisition and Compensation Framework of the WSSSP. Monitoring report from PIU will provide the achievements, progress and define remedial actions required. The PCU will verify and consolidate these reports in its quarterly progress reports to be submitted to ADB.

123. PMU will submit semi-annual safeguards monitoring reports to ADB for review and disclosure on its website.


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ATTACHMENT 1.1: LAC FACT FINDING: SCREENING & IR PROJECT CATEGORY TECHNICAL DESCRIPTION

FEATURES YES NO CASES 1. Upgrading or rehabilitation x New WSP scheme. 2. Construction of new physical facilities x 3. Residential subproject area x Both cases apply. 4. Non-residential subproject area x

MAIN COMPONENTS YES NO DESCRIPTION 5. Access x

6. In-take x 7. Pump x 8. Raw water pipeline x 9. Water Treatment Plant x 10. Water Tank / Water Reservoir x 11. Main for treated / potable water x 12. Distributors for treated / potable water x 13. Drains and access roads (VEI) x Improving existing infrastructure. 14. Gov./ Public Service (offices, toilets) (VEI) x New components and existing ones to rehabilitate. IMPACTS ON LAND AND OTHER ASSETS AND RELATED FACILITIES/SERVICES

GENERAL ASPECTS YES NO EXPLANATIONS 15. Requirement of land acquisition x Government and private land. 16. Sites of land acquisition x 17. Easement utilized within existing RoW x Pipe alignments in Row of public roads. 18. Permanent land acquisition x

19. Temporary land acquisition x

All temporary use of lands outside ROW will have written rental agreement between the land user and contractor. Land will be returned to user (after being restored to the original condition or rehabilitated into better condition).

20. Change of ownership of land x 21. Change of usage of land x LOSS OF ASSETS YES NO DESCRIPTION

22. Loss of residential (cum commercial land) x

Disturbances (1 to 3 days of pipe installation) managed through EMP. Disruption of business activity for more than 3 days, or by closure, compensation will be provided.

23. Loss of productive land x Private land to compensated in cash to one owner. 24. Loss of residential structures x 25. Loss of productive structures x 26. Loss of trees /crops x Private trees to be compensated in cash to one owner.

EFFECTS ON COMMUNAL/PUBLIC FACILITIES YES NO DESCRIPTION 27. Loss of access to facilities x

28. Loss of access to services x 29. Loss of community assets/ ties x 30. Loss of cultural / historical properties x IMPACTS OF PEOPLE

PHYSICAL DISPLACEMENT YES NO EXPLANATIONS 31. Replacement of houses x 32. Relocation of households x

ECONOMIC DISPLACEMENT YES NO EXPLANATIONS 33. Loss of incomes x Loss of fallow land and teak trees, but no impacts on

livelihood of affected households. 34. Loss of businesses/enterprises x 35. Loss of access to income sources x 36. Loss of access to natural resources x

AFFECTED HOUSEHOLDS / PEOPLE YES NO CASES AND NUMBERS 37. Number of AH/AP x 2 AHS with 12 APs 38. Vulnerable AH/AP x

39. Severely AH/AP x 40. Non-owning AHs using land com./gov. land x INVOLUNTARY RESETTLEMENT FINDINGS

INVOLUNTARY RESETTLEMENT

A Significant involuntary resettlement impacts. A RP is required

B Involuntary resettlement impacts that are not deemed significant. Updated LACP A RP, which includes assessment of social impacts, is required

C No involuntary resettlement impacts. No further action required.


32

D Project involves the investment of ADB funds to or through a finance. intermediary.

ATTACHMENT 1.2-1A: LAC FACT FINDING: SUB-PROJECT TECHNICAL FEATURES

Raw Water Intake and Transmission: The proposed water supply intake is located on the Namkhan 2 River on undeveloped, government-owned land that situated at village Pak Mong. This site was selected due to reliability of water source (downstream of merging two natural streams, namely Namkhan 1 and Nammong river). It is also proximity near the proposed WTP location. A tower intake structure comprises of two parts and they are intake channel and intake well. A tower intake structure comprises of two parts and they are intake channel and intake well. Intake channel consists of two lines and equipped with two stainless steel screens (coarse and fine screens). Inner dimensions of each line approximately 1x3x3 (WxLxD). Inner dimensions of intake well are approximately 3x6x10 (WxLxD). Intake channel and intake well will be connected by two DI pipes with valve arrangements. Four Low-lift submersible pumps with each capacity of 37kW (Q=144 m3/hr & H=55m) will be installed in the intake well and will be controlled through a PLC, connected to the intake MCC. These pumps are capable of delivering required demand of 9,500 m3/day through 350mm diameter DI raw-water transmission main which is 500m long to WTP. Required flow meters, valves such as non-return valves, section valves, washout valves, air valves etc. will be installed to serve the purpose

Water Treatment Plant: The land topography is sloppy and at the highest elevation has comparatively flat area where pre-sedimentation tank and service reservoir will be constructed. This site was chosen due to its availability, size, and proximity to proposed intake location. As the raw-water turbidity variation is high from dry-weather to rainy weather, pre-sedimentation with PAC dosing is proposed. Turbidity below 300 NTU can be handled by flocculator and sedimentation tank with tube-settler. The proposed WTP will comprise: Pre-sedimentation tank: one chamber sized for a surface loading rate (SLR) of 4 m3/hr/m2

and detention time of 80 minutes. Estimated operational dimensions are 5.2 m x 26.0 m x 4.0 m (WxLxD).

Flocculation tank: Four channels, each with three stages and designed for a detention time of 20-30 minutes. Total estimated operational dimensions of each chamber are 3.85 m x 5.8m x 2.75m.

Sedimentation tank: four chambers sized for a SLR of 1.12 m3/hr/m2 and detention time of 3.5 hours, with allowances for implementation of lamella tubes. Estimated operational dimensions of each chamber are 4.8m x 24.5 m x 3.7 m (WxLxD.) with lamella tubes installed at the final 4.8 m of the chamber.

Filter tank: four sets of rapid sand filters with semi-automatic backwashing system, designed with filter media depth of 1.0m and average/maximum infiltration rate of 4.5/6.4 m/hr. Estimated operational dimensions are 5.0m x 4.5 m (WxL) for each filter chamber.

Air blower and chlorine dosing room: estimated area of 120 m22. Laboratory and PAC mixing house: estimated area of 70 m2. Detention pond: sized for the volume of the sedimentation chamber and annual storage depth

of up to 1.5 meter. Estimated effective capacity is 367 m3. The WTP will be designed to operate for 22 hours per day to allow time for backwashing and other O&M procedures. All tanks and reservoirs will be constructed of reinforced concrete unless otherwise specified during the detailed design phase.


33

ATTACHMENT 1.2-1B: LAC FACT FINDING: SUB-PROJECT TECHNICAL FEATURES

Water Storage: The total operational volume of water storage was sized at eight hours of MDD with allowances for 15 l/s fire flow for two hours and backwashing for four washing at 15 minutes per cycle with 10-20 m3/ m2/hr washing rate. Approximately 3,200 m3 of clear water storage is necessary, and is to be split among a 900 m3 ground reservoir (CWR) at WTP, a 250 m3 capacity service reservoir at WTP, 1150 m3 capacity circular ground reservoir at Namkhan 1and a 900 m3 capacity elevated balancing tank at the distribution, located at ban Namthouam.

Transmission Main: Two treated water transmission mains are needed for the transferring of treated water from CWR to 250m3 & 1,150m3 capacity reservoirs. Length & diameter of those two transmission lines are 200m long 100mm diameter DI transmission main to pump water for 250 m3 service reservoir, and 7,500m long OD355mm, PN10, HDPE (PE100) transmission main to pump water for 1,150 m3 circular service reservoir.

Distribution Network: The distribution network will be supplied by gravity flow from the proposed two ground service reservoirs at two locations. Elevated balancing tank will store water during the off-peak hours and cater to the system at the peak hours. The capacity of the distribution network is designed to allow for future expansion to the future extension villages. The water distribution network was evaluated under two flow conditions: 1) PHD (1.8 x MDD) and 2) MDD (1.0 x ADD) with fire flow (15l/s at village fire hydrants).Hydraulic analyses were performed to ensure flow velocity between 0.3-1.3.0 m/s at peak hours and system pressure between 10-50m. Main distribution pipelines are primarily to be HDPE, (PE100) ≥DN110 mm, while rider mains are HDPE, (PE100) DN63. The development plan requires an estimated 25 kms of main distribution pipeline (between DN110 and DN450) and 60 km of rider mains. Appurtenances such as gate valves, district metering area (DMA) water meters, air valves, and wash-out valves will be provided to facilitate the efficient operation and maintenance of the system.

Access Roads: The gravel access road will be constructed BNP office premises with necessary structures such as culverts, side drains, retaining walls etc. The total estimated length is approximately 150 m. Three gravel access roads will be constructed from main road to WTP, intake with and 1150m3 capacity ground reservoir including necessary road structures, side trains and bank protection works. The total estimated length is approximately 500 m.


34

ATTACHMENT 1.2-2A: LAC FACT FINDING: DED STAGE - AERIAL IMAGES & SUPERIMPOSED SUBPROJECT SCHEME LAYOUT


35

ATTACHMENT 1.2-2B: LAC FACT FINDING: DED STAGE - AERIAL IMAGES & SUPERIMPOSED LOCATION OF SCHEME-COMPONENTS Intake location, WTP (incl. ground reservoir) and access road,

Pakmong village Elevated reservoir Nam Khan village


36

ATTACHMENT 1.2-2C: LAC FACT FINDING: DED STAGE - AERIAL IMAGES & SUPERIMPOSED LOCATION OF SCHEME-COMPONENTS BNP office,

Phonsavan village Elevated reservoir,

Namthouamtai village


37

ATTACHMENT 1.2-3A: LAC FACT FINDING: FS - SELECTED PICTURED IMPRESSIONS

PHOTO 1 PROPOSED LOCATION FOR INTAKE PAKMONG VILLAGE

PHOTO 2 ACCESS CONDITIONS TO INTAKE LOCATION (CLOSE TO MAIN ROAD) PAKMONG VILLAGE

PHOTO 3 TO 4 ACCESS ROAD AND LOCATION OF PROPOSED ELEVATE RESERVOIR THOUAMTAI VILLAGE


38

ATTACHMENT 1.2-3B: LAC FACT FINDING: FS - SELECTED PICTURED IMPRESSIONS

PHOTO 5 PROPOSED LOCATION FOR WTP PAKMONG VILLAGE

PHOTO 6 PROPOSED LOCATION FOR PNP OFFICE AND SEPARATE STORAGE FACILITY PHONSAVANH VILLAGE ( NATURAL TREES )

PHOTO 7 TYPICAL ROAD CONDITIONS PAKMONG VILLAGE

PHOTO 8 LAC PREPARATORY MEETING IN NAM BAK DISTRICT GOVERNOR OFFICE


39

ATTACHMENT 1.2-3C: LAC FACT FINDING: DED - SELECTED PICTURED IMPRESSIONS

PHOTO 9 ACCESS ROAD TO WTP AND RESERVOIR PAKMONG VILLAGE

PHOTO 10 PROPOSED LOCATION FOR INTAKE PAKMONG VILLAGE

PHOTO 11 AREA FOR RESERVOIR PAKMONG VILLAGE

PHOTO 12 EXPLANATION IN DISTRICT GOVERNOR OFFICE ABOUT SITES AND PLANNED TRANSACT WALK


40

ATTACHMENT 1.3-1: LAC FACT FINDING: GRIEVANCE REDRESS MECHANISM Steps, Actions and Levels of Intervention Time

▼

V I L A G E (S U B P R O J E C T A R E A) Address: Villages’ offices Contact Person: Head of villages (names provided) Phone: Known among villagers

1

1.1 In the first instance, complainants will raise complaints or grievances to the Village Development Committee (VDC) or other designated village arbitration unit (VAU).

1.2 The VDC / VAU will organize a meeting with the complainants to resolve the issue using its traditional methods of conciliation and negotiation.

1.3 The meeting will be held in a public place and will be open to other members of the community to ensure transparency.

1.4 The VDC / VAU aims at clarifications and amicable solution with the complainant. 1.5 This mediation aims at a village internal immediate solution agreed with the subproject. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 5 days

▼

D I S T R I C T I M P L E M E N T I N G L E V E L Address: Namthouam office, DNP or (PIU) Contact Person: District governors (names provided) Phone: Published 071 219065 ( Mr. Heryang)

2

2.1 Complainant can bring the complaint to the District Project Steering Committee (DPSC). 2.2 Involvement of District Resettlement Committee (DRC). 2.3 Contribution of local administration. 2.4 Participation of village representative/s. 2.5 DPSC / DRC will meet with the complainant and VDC /VAU to discuss the complaint. 2.6 DPSC / DRC to provide its decision aiming at a mutual arrangement to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 10 days

▼

P R O V I N C I A L I M P L E M E N T I N G L E V E L Address: 1. Luang Prabang; 2. PIU Contact Person: Published/ Mr. Somsanith Thipphasouda; Mr. Bounpon Makdara Phone: Published 1. 071 212388; 2. 071 212381

3

3.1 Complainant can appeal to the Provincial Project Steering Committee (PPSC). 3.2 Involvement of Provincial Resettlement Committee (PRC). 3.3 Contribution of authorities. 3.4 Participation of village representative/s 3.5 PPRC will meet with PRC/DRC and the complainant to clarify the complaint. 3.6 PPSC to inform about its decision aiming to solve the complaint. If the complaint cannot be solved at this stage, the next step is to apply.

Max. 10 days

▼

M I N I S T E R I A L P R O J E C T E X E C U T I N G L E V E L Address: 1. DWS; 2. PCU Contact Person: Published/ Mr. Vansaveng Outhachack Phone: Published 021 416519

4

4.1 The complainant can submit his/her grievance to Department of Water Supply (DWS). 4.2 DWS acts on behalf of the MPWT. 4.3 DWS to verify with PRC and DRC. 4.4 DWS might consider an independent external opinion in this matter. 4.5 Ministerial decision about solution. If the complaint cannot be solved at this stage, the next step is to apply. Before applying step 5, additional efforts should be made to find an agreement between Project and AH.

Max. 10 days

▼ C O U N T R Y

5

5.1 Final step to solve land acquisition, boundary and/or compensation issue. 5.2 The complainant may submit through DWS his/her case to the Court of Law. 5.3 Court will take note and register the case. 5.4 Court to provide final juristic decision. 5.5 In case of required actions, the complainant and/or sub-project proponent have to follow.

Max. 10 days

1-5 A S I A N D E V E L O P M E N T B A N K Web page: https//www.adb.org/site/accountability-mechanism/how-file-complaint


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ATTACHMENT 1.3-2: LAC FACT FINDING: MEMBERS OF GRM COMMITTEES Project Namthouam

Establishment May 2019

Committee Members No. Name Position Telephone Number

Province Luang Prabang: Project Implementation Unit 1 Mr. Soulith Chindamany Louangpha Director of PNP 020 5577 1414

2 Mr. Bounphon Markdara Head of PIU 020 2235 3009

District Nam Bak: Project Implementation Unit 3 Mr. Thongkham Chindaphon Member PIU 020 5555 9454

4 Mr. Heryang Chapia Member PIU 020 2337 3667

Villages

No. Name Heads of Listed 15 Villages Telephone Number

5 Mr. Chiengyong Phengmany Vangkham 020 9888 2765

6 Mr. Khammang Phanyasith Pakmong 030 9219 030

7 Mr. Fang Nakok 020 5225 8937

8 Mr. Sonthong Phonxieng 020 5670 5539

9 Mr. Bounthia Lormanivanh Thabou 020 5873 2523

10 Mr. Air Sayyasith Namkhan 2 030 9785 464

11 Mr. Syphon Phonsavanh 020 5229 5752

12 Mr. Sanya Vilaysack Namthouam-Neua 020 5547 8841

13 Mr. Chiengsiphanh Sirivong Namthouam-Tai 030 4981 020

14 Ms. Maiyang Phonmany 020 9932 2034

15 Mr. Khamhack Saiyasith Xang 030 9924 712

16 Mr. Vuely Phonsavang 030 5432 135

17 Mr. Somnith Houana 030 9413 072

18 Mr. Chantea Chanthamany Xiengda 020 5438 1360

19 Mr. Boun Larkeomany Namkha 030 9914 438


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ATTACHMENT 1.4: LAC FACT FINDING: STATUS OF ACTIVITIES


43

ATTACHMENT 2.1-1A: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS Summary on LAC during feasibility study stage. In May 2019, 14 meetings took place with 994 participants (356 female and 638 male) FS project staff [3]. The meetings took place in the villages of (1) Ban Pakmong, (2) Ban Vangkham, (3) Ban Nakok, (4) Ban Phonxieng, (5) Ban Thabou; (6) Ban. Namkhanh; (7) Ban.

Namthouamtai; 8. Phonmany; 9. Namthouamnuea; 10. Phonsavanh; 11. Ban Xeng; 12. Phonsavang; 13. Ban Xiengda; 14. Ban Houana; 15. Nam Kha village (not included as it is in the expansion area)

Major areas of topics: project description incl. distributed documents, entitlements, GRM, temporary disturbance and counter measures during construction works, others.

DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY 14

May 2019

Village consultation meeting Village: Pakmong Venue: Village meeting hall Time: 09:10 - 11:40 am

PIU Women

Union Youth

Union Lao Front

for National Const. Union

Agencies Village

authority Villagers PIA

Total: 122 participants By sex: - 65 Female - 57 Male By Ethnic Group: Lao-Tai: 62 - 31 Female - 31 Male Mon-Khmer: 60 - 34 Female - 26 Male IA/PIA [0F + 4M]

Presentation: General introduction into topic; Specific description on LAC; Explanation on surveys method and techniques; Handing out Lao regulation; Subproject related briefing on no cases of severe affectedness and impacts,

temporary / permanent loss of assets, vulnerable groups, no loss of land; Explanation of ADB policy and Lao policy on entitlement and eligibility; Introducing of Grievance Redress Mechanism; Explanation of cut-off-date; Explaining compensation of loss of assets, compensation, and contribution. Comments - Question - Answer session during village meeting: General: Naiban: Welcoming the project and mentioning the village’s motivation for WSSP. Specific: Q1: Mr. Thongchanhngai, former village chief: Where will be the WTP and intake l? A1: Mr. Bounpone: Head of PIU: They will be at same location on gov. land

downstream of streams Namkhan and Nammong just after their joining about 150 - 200m as it can be sufficient water even during dry season. The reservoir will be close to the telecommunication tower in compound of the temple, as by this location can be distributed under gravity to all core villages incl. Xiengda.

Q2: Mr. Pongmany, villager: When and how long will be the construction time? A2: Mr. Bounpon Head of PIU; In 2019 is feasibility study, surveys and data

collection. Then the technical team will prepare the detailed design. In other WSSP sub-project this can take 2 years – meaning 2021 start of operation.

Q3: Mr. Bounthan, Deputy villager: During construction or installation of pipes; damages to structures and trees would be compensated by whom?

A3: PIA: Mr. Bounponh Makdara Head Of PIU: The policy of the WSSP is that in case of impact/damage on structure (fence, floor) the construction company will replace in kind at same or better quality. There are temporary disturbances expected during construction; but no permanent loss or impact on private assets.


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ATTACHMENT 2.1-1B: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

14 May 2019

Village consultation meeting Village: Vangkham Venue: Village meeting hall Time: 17:40 – 19:30 pm

same same Total: 58 participants By sex: - 14 Female - 44 Male By Ethnic Group: Lao-Tai: 30 - 8 Female - 21 Male Mon-Khmer: 29 - 6 Female - 23 Male IA/PIA [0F + 4M]

Presentation: Same as above Comments - Question - Answer session during village meeting: General: Naiban: Welcoming project team and I will spread out the information of this

meeting to all households of the village; Villagers: For the installation of pipes there will be no problem from our side, as

we have problems with the spring water supply in Namthouam and in the dry season.

Specific: Q1: Mr. Chiengpong Sengthavong, Deputy village Chief: Free connection but after

using water supply how to pay? Expensive or not? A1: PIA: Mr. Bounpon Head of PIU: Customers will pay same way. Price is

expected to be 4000/m3 or 1000 litter /4000 Kip. Q2: Ms. Dockhack / Lao Women Union/: A family who does not have a family book

- if they need a free connection what can they do? A2: Mr. Bounpon Head of PIU: Now they have time to do family book and if the

one doesn’t have; the Village Chief should give you Certify Letter; because the Project can give you only one for per house;

15 May 2019

Village consultation meeting Village: Nakok Venue: Village meeting hall Time: 9:10 – 11: 30 am

same same Total: 91 participants By sex: - 13 Female - 78 Male By Ethnic Group: Lao-Tai: 34 - 5 Female - 29 Male Mon-Khmer: 57 - 8 Female - 49 Male IA/PIA [0F + 4M]

Presentation: Same as above Comments - Question - Answer session during village meeting: General: Naiban: Welcome to project team and describing purpose of the public

consultation meeting to villagers; Villagers: Agree with project - there is not enough spring water in the dry season. Specific: Q1: Mr. Kham Phou/ Deputy Villager. Can we have two meters? A1: Mr. Bounpon/ Head PIU. No, you have only one meter for each house and one

free connection. If you need two meters you have to separate the family book Q2: Mr. Khampeng/ Villager. Everyone has to pay for water. What is the price? A2: PIU: Mr. Bounpon. Yes, all connected households have to pay otherwise the

supply with water to household will be cut. The price will be the same as applied in Luang Prabang city: for household 4,000 KIP/m3.

Q3: Mr. Bounsengmany: Villager: If damage on private structures and land because of the project who will compensate for that?

A.3: The policy of the WSSP is that in case of impact/damage on structure (fence, floor) the construction company will replace in kind at same or better quality. There are temporary disturbances expected during construction phase.


45

ATTACHMENT 2.1-1C: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

15 May 2019

Village consultation meeting Village: Phonxieng Venue: Village meeting hall Time: 14:10 – 15:40 pm

Same Same Total: 61 participants By sex: - 32 Female - 29 Male By Ethnic Group: Lao-Tai: 22 - 16 Female - 6 Male Mon-Khmer: 39 - 16 Female - 23 Male IA/PIA [0F + 4M]

Presentation: Same as above Comments - Question - Answer session during village meeting: General: Naiban: Welcome to project team and describing objective of the public

consultation meeting to villagers. Villagers: Agree with the WSSP, because the village location is at a higher

elevation so that the existing spring water supply cannot provide enough water, so that some houses use not clean water directly taken from the river nearby

Specific: Q1: Mr. Viengxay/ Villager. How long can be the pipes of the free water

connection? And do we have to pay for the meter? A1: Mr. Bounpon/ Head PIU. You can have only one meter for each house. And

one free connection with 15m from contribution pipe. Q2: Mr. Chieng Chanhdy/ Villager. If I have during construction damage to my

concrete on my access to my house, who will compensate this to me? A2: PIA: Such damages will be measured and replaced to same or better quality

as part of the installation work of pipes by the contractor. 16

May 2019

Village consultation meeting Village: Thabou Venue: Village meeting hall Time: 09:10 - 11:30 am

Same Same Total: 27 participants By sex: - 9 Female - 18 Male By Ethnic Group: Lao-Tai: 27 - 9 Female - 18 Male IA/PIA [0F + 4M]

Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above Specific: Q1: Mr. Bounson/ Deputy Village Chief. For water connection, I can have 15m

connection free from the project. But I have 25m, what can I do? A1: PIU: Mr. Bounpon/ Head PIU. You can have 15m and one meter for each

house. And free connection if longer than 15m you must buy pipe for connection by yourself.

Q2: Mr. Khamlar/ Deputy Village Chief / Almost people house’s close to main street if impact on assets like house; tree or other who are will compensation for this.

A2: PIA: For the temporally impacted on people assets the company will be compensation by repair or replace as same material for the AP; and for permanent impact as the government will compensation for the AP.


46

ATTACHMENT 2.1-1D: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

16 May 2019

Village consultation meeting at Ban Namkhanh village meeting hall Time: 13:50 – 16:30 pm

Same Same Total: 53 participants By sex: - 24 Female - 29 Male By Ethnic Group: Mon-Khmer: 53 - 24 Female - 29 Male IA/PIA [0F + 4M]

Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above. Specific: Q1: Mr. Air Sayyasit/ Village Chief: Where will be the WTP; PNP office and

Intake? A1: PIU: Mr. Bounpon/ Head Of PIU: All the land for this infrastructure will be

constructed on public or government land, and no private land, and in another village – not in your one. For the intake, WTP and one elevate reservoir in Pakmong village; Office in Phonsavang village

Q2: Mr. Khamphao / Villager: if there is damage to concrete floors, trees, and other things who will be responsible and compensate us?

A2: PIU: Mr. Bounpon. The construction company will compensate concrete floors to same or higher quality. We do not expect affected private trees.

17 May 2019

Village consultation meeting Village: Namthouamtai Venue: Village meeting hall Time: 09:10 - 11:30 am

Same Same Total: 98 participants By sex: - 35 Female - 63 Male By Ethnic Group: Lao-Tai: 6 - 2 Female - 4 Male Mon-Khmer: 90 - 33 Female - 57 Male Hmong-Mien: 2 - 0 Female - 2 Male IA/PIA [0F + 4M]

Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above Specific: Q1: Mrs. Sengvonh MAHAXAY/ Deputy of Village Chief: We would like to know

actually for the land to setting up WTP, intake and service reservoir, because all the land in our village area is either public land or private land.

A1: PIU: Mr. Bounpon/ Head of PIU. For the ongoing study we survey for the best location of the main infrastructure. The result is that they will be constructed in your village. We will select public land only in agreement with the engineering team. This will require certificates between District Governor and PNP.

In addition, there are the steps for any household to complain if/as necessary or intended - for this the grievance mechanism are published in village office meeting hall, if you have any impact and/or you would be not satisfied with compensation or other measures.


47

ATTACHMENT 2.1-1E: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

17 May 2019

Village consultation meeting Village: Phonmany Venue: Village meeting hall Time: 14:10 – 15:40 pm


Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above. Specific: Q1: Mr. Fai Chiewchang/ Village Elder: Where will be the WTP; PNP office and

Intake? A1: PIU: Mr. Bounpon/ Head of PIU: All infrastructures will be constructed on

public land and not on private land, and in another village – not in your one. Q2: Mrs. Maiyang/ Village Chief: if there is damage to concrete floors, trees, and

other things who will be responsible and compensate us? A2: PIU: Mr. Bounpon. The construction company will compensate concrete floors

to same or higher quality. We do not expect affected private trees.

18 May 2019

Village consultation meeting Village: Phonsavanh Venue: Village meeting hall Time: 09:10 - 11:30 am


Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above. Specific: Q1: Mr. Joy / Villager. For water connection, I can have 15m connection free from

the project. But I have 25m, what can I do? A1: PIU: Mr. Bounpon/ Haed PIU. You can have 15m and one meter for each

house. And free connection if longer than 15m you must buy pipe for connection by yourself.

Q2: Mr. Syphon Soulisack/ Village Chief: Many people houses are close to main street. No impact on our houses, other structures or trees will occur. But in case unforeseen damage would happen who will compensate for this?

A2: PIA: For the temporally impacted on people assets the company will be compensation by repair or replace as same material for the AP; and for permanent impact as the government will compensation for the AP.


48

ATTACHMENT 2.1-1F: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

18 May 2019

Village consultation meeting Village: Namthouamnuea Venue: Village meeting hall Time: 17:10 – 19:40 pm


Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above. Specific: Same topics and questions & answers as in previous meetings

19 May 2019

Village consultation meeting Village: Xeng Venue: Village meeting hall Time: 09:15 - 11:40 am




49

ATTACHMENT 2.1-1G: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

19 May 2019

Village consultation meeting Village: Phonsavang Venue: Village meeting hall Time: 13:40 – 16:40 pm


Presentation: Same as above Comments - Question - Answer session during village meeting: General: Similar as above. Specific: Same topics and questions & answers as in previous meetings .

20 May 2019

Village consultation meeting Village: Xiengda Venue: Village meeting hall Time: 09: 15 - 11:30 am




50

ATTACHMENT 2.1-1H: LAC CONSULTATION: FEASIBILITY STUDY – RECORDS OF MEETINGS DATE TYPE OF MEETING AND LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

20 May 2019

Village consultation meeting Village: Houana Venue: Village meeting hall Time: 14:10 – 16:30 pm



TOTAL PARTICIPANTS F/MLAO-TAI F/M

MON-KHMER F/MHMONG-MIEN

IA/PIA [M(F)]

994 (F: 356 / M: 638) 319 (F: 128 / M: 191) 589 (F: 216 / M: 373)

86 (F: 12 / M: 74)

56 (F: 0 / M: 56)


51

ATTACHMENT 2.1-2A: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF COORDINATION AND PUBLIC MEETINGS VILLAGE: MEETING IN BAN PAKMONG VILLAGE VILLAGE: MEETING IN BAN VANGKHAM VILLAGE DATE: 14 MAY 2019 DATE: 14 MAY 2019 PARTICIPANTS: TOTAL 122 (FEMALE: 65 AND MALE:57) PARTICIPANTS: TOTAL 58 (FEMALE: 14 AND MALE: 44) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)

SHOWN IS ONE REPRESENTATIVE PAGE OF 12 ATTENDANCE SHEETS, WHICH ARE ADMINISTERED BY DWS AND PIA



52

ATTACHMENT 2.1-2B: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS VILLAGE: MEETING IN BAN NAKOK VILLAGE VILLAGE: MEETING IN BAN PHONXIENG VILLAGE DATE: 15 MAY 2019 DATE: 15 MAY 2019 PARTICIPANTS: TOTAL 91 (FEMALE: 13 AND MALE: 78) PARTICIPANTS: TOTAL 61 (FEMALE: 32 AND MALE: 29) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)


SHOWN IS ONE REPRESENTATIVE PAGE OF 6 ALL ATTENDANCE SHEETS, WHICH ARE ADMINISTERED BY DWS AND PIA


53

ATTACHMENT 2.1-2C: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS VILLAGE: MEETING IN BAN THABOU VILLAGE VILLAGE: MEETING IN BAN NAMKHANH VILLAGE DATE: 16 MAY 2019 DATE: 15 MAY 2019 PARTICIPANTS: TOTAL 27 (FEMALE: 9 AND MALE:18) PARTICIPANTS: TOTAL 53 (FEMALE: 24 AND MALE: 29) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)




54

ATTACHMENT 2.1-2D: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS VILLAGE: MEETING IN BAN NAMTHOUAMTAI VILLAGE VILLAGE: MEETING IN BAN PHONMANY VILLAGE DATE: 17 MAY 2019 DATE: 17 MAY 2019 PARTICIPANTS: TOTAL 98 (FEMALE: 35 AND MALE:63) PARTICIPANTS: TOTAL 45 (FEMALE: 5 AND MALE:40) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)

SHOWN IS ONE REPRESENTATIVE PAGE OF 10 ALL ATTENDANCE SHEETS, WHICH ARE ADMINISTERED BY DWS AND PIA



55

ATTACHMENT 2.1-2E: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS VILLAGE: MEETING IN BAN PHONSAVANH VILLAGE VILLAGE: MEETING IN BAN NAMTHOUAMNUEA VILLAGE DATE: 18 MAY 2019 DATE: 18 MAY 2019 PARTICIPANTS: TOTAL 78 (FEMALE: 18 AND MALE:60) PARTICIPANTS: TOTAL 57 (FEMALE: 6 AND MALE: 51) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)




56

ATTACHMENT 2.1-2F: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS VILLAGE: MEETING IN BAN XENG VILLAGE VILLAGE: MEETING IN BAN PHONSAVANG VILLAGE DATE: 19 MAY 2019 DATE: 19 MAY 2019 PARTICIPANTS: TOTAL 67 (FEMALE: 23 AND MALE:44) PARTICIPANTS: TOTAL 20 (FEMALE: 6 AND MALE:14) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)




57

ATTACHMENT 2.1-2G: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF PUBLIC VILLAGE MEETINGS VILLAGE: MEETING IN BAN XIENGDA VILLAGE VILLAGE: MEETING IN BAN HOUANA VILLAGE DATE: 20 MAY 2019 DATE: 20 MAY 2019 PARTICIPANTS: TOTAL 181 (FEMALE: 95 AND MALE:86) PARTICIPANTS: TOTAL 36 (FEMALE: 11 AND MALE:25) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4) FACILITATOR: PIA, PIU AND OTHERS TOTAL 4 (FEMALE: 0 AND MALE:4)




58

ATTACHMENT 2.2-1A: LAC CONSULTATION: DETAILED DESIGN - RECORDS OF MEETINGS Summary on LAC during feasibility study stage. In March 2020, one meeting in Nam Bak district office with 23 participants (2 female and 21 male) DED project staff [3]. Major areas of topics: project description incl. distributed documents, entitlements, GRM, temporary disturbance and counter measures during construction works, others.

DATE TYPE OF MEETING AND

LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

18 March 2020

Combined district and village consultation meeting at Nam Bak District Office meeting room Time: 08:45 - 11:45 am

PIU PWT Women

Union Cabinet

District Officer

Lao Front DoNRE Public

Health Office

15 village chiefs

IA Authorities Village

representa-tives

PIA

Total: 23 participants By sex: - 03 Female - 20 Male By Ethnic Group: Lao-Tai: 8 - 2 Female - 6 Male Mon-Khmer: 9 - 1 Female - 8 Male Hmong-Mien: 6 - 0 Female - 6 Male IA/PIA [0F + 3M]

Presentation: General introduction of project features and implementation status; ADB requirements and Lao regulations on land acquisition, compensation and

reinstatement of affected assets; Grievance steps including PIU, authorities and chiefs in subproject core villages; Confirmation of land requirements for WTP, intake, reservoir and PNP service office base

on detail engineering design; Confirmation of no impacts on private asset based on detail engineering design; Category of subproject (ADB category C) relates to no permanent adverse impacts on

private assets, only disturbances during construction work; Others. Comments - Question - Answer session during village meeting: General: Mr. Somvang / District Governor:

- Welcoming the project and mentioned their motivation for the project. - Underlined that project will not have impacts on private land, because all construction

of WSP components will be on gov. land, and for the pipe installation the alignment will follow roads, tracks, footways (public right-of-way);

- Invited participants for discussion. Specific: Q1: Mr. Bounpheng / Head of District Public Work and Transport:

- We are understanding that all the land required is gov. land and related use of land for project (ownership) has been prepared;

- Project will offer free connection to the houses. But some houses are in the public land (RoW) – will this lead to construction impacts for the houseowner?

A1: Mr. Bounpone / Head of PIU: - Free connections to every house in villages of the project core area; - Payment of water fees each month. In case you do not use water you also pay for

O&M of water meter each month; - This is not the responsibility of the water supply project. However, for the land title I

will collaborate with DoNRE and such house owners on public land about option of land titles;

- In case of damage to your belongings by the contractor, he must repair them.


59

ATTACHMENT 2.2-1B: LAC CONSULTATION: DETAILED DESIGN - RECORDS OF MEETINGS DATE TYPE OF MEETING AND

LOCATION AGENCY PARTICIPANTS DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH RESPONSIBILITY

Specific: Q2: Mr. Chanpheng / Deputy of District Office:

- During the construction village chiefs have to communicate with the residents; - If people do not understand the policy of the project in case of damage on trees or

smaller structures (fence, entrance areas, others), could PIU explain more in detail about the policy of the project in this matter?

A2: Mr. Bounpone / Head of PIU: - We appreciate the concerns about potential impact during construction. It is

important to explain the policy clearly to people before start of construct work; - Public information will be necessary.

R1: Mr. Sayakhon / Deputy of District Natural Resource and Environment Office: - Recommended to present village chiefs to explain about the topic damage to

private assets to the villagers during construction phase. - Cooperate with district authorities for provision of project required land?

A3: Mr. Bounpone/ Head of PIU: - The policy of the project is to avoid any damage to private assets during

construction. However, if such cases occur the contractor has to replace it (example: entrance area to redo, repair or replace fence, others).

- There is no permanent impact on private assets. - Land used for the water supply infrastructure will be constructed on gov. land.

Q3: Mrs. Vilayvanh Deputy village chief/ Pakmong: - People in Pakmong village are satisfied to get a water supply and understand the

policy of the project. - Some people questioned me about the water price whether it will be the same as in

a big city or different? In my village some people are farmers, and some are traders or do business and have different incomes.

- Concerning the pipe layout inside the village, roads inside Pakmong village are very small so that a vehicle cannot use them, and some houses have been built very close to the road. How will be the installation of pipes constructed?

A4: Mr. Bounpone/ Head of PIU: - For the water price in Luang Prabang province: normal households will pay same

price of 4000 Kip/m3.; meaning 1,000 liters for 4,000 Kip. - Installing pipe in narrow roads is possible as they have smaller diameters and can

follow also an adjustable alignment (example along existing drains) TOTAL PARTICIPANTS F/M

LAO-TAI F/M MON-KHMER F/M

HMONG-MIEN IA/PIA [M(F)]

23 (F:3 / M:20) 8 (F: 2 / M: 6) 9 (F: 1 / M: 8) 6 (F: 0 / M:6) 3 (F: 0 / M: 3)


60

ATTACHMENT 2.2-2: LAC CONSULTATION: FEASIBILITY STUDY - ATTENDANCE LISTS OF MEETINGS DISTRICT: NAM BAK VENUE: DISTRICT OFFICE DATE: 18 MARCH 2020 PARTICIPANTS: TOTAL 23 (FEMALE: 3 AND MALE:20) FACILITATOR: PIA, PIU AND OTHERS (FEMALE: 0 AND MALE:3)


61

ATTACHMENT 3.1: SURVEYS – ANALYSES SOCIO-ECONOMIC SURVEY OF AHS


62

ATTACHMENT 3.2: SURVEYS – INVENTORY OF LOSS


63

ATTACHMENT 3.3: SURVEYS – REPLACEMENT COSTS A replacement cost survey (RCS) involves replacing an asset at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, transitional and restoration costs, and any other applicable payments, if any. This replacement cost assessment refers to the process involved in determining replacement costs of affected land. The assessment’s approach collected information and data to the extent possible and available.

A 3.3-1: SPECIFIC CONDITIONS FOR THE NAMTHOUAM SUBPROJECT

The verification of affected assets and compensation has undergone additional steps. Firstly, an external safeguard monitoring indicated that although no impacts have been expected, there are cases of loss of private assets. Addition fieldwork through implementing agencies and project consultant PIA took place in December 2020 and February 2021, which included this RCS. In parallel, virtual technical conferences were held by ADB and PIA. A due diligence of reviewed cases has additionally been prepared in Attachment 4.

A 3.3-2: DISCUSSIONS WITH VILLAGERS IN PUBLIC MEETINGS AND INDIVIDUAL CONVERSATIONS The consulted villagers confirmed that there is no monetary land buy and sell market in their communal area. Land is used in different ways, mainly including (i) ownership of a fixed asset, (ii) transfer of ownership between family members and other relatives, (iii) secured investment on/in productive land; and (iv) other purposes. The villagers informed that:

There is no current monetary market for land, in particular not for agricultural land. Landowners have normally no interest in selling land. They also do not expect a new sale market starting because of a new water supply system. In addition, there are no cases to report in the subproject villages where such transfer of land

ownership took place in relation with payments. Land is used for inheritance purpose. There are no additional specific conditions. Other aspects.

A 3.3-3: AGREEMENT ON UNIT RATES FOR LAND BETWEEN LANDOWNERS AND AUTHORITIES Meetings were held with the AHs on 21 and 22 January 2021 to clarify the formal land unit rates to be applied by the subproject for the in-cash compensation to owners of affected land and trees with village authorities and district authorities. The implementing project authorities and affected households discussed and agreed:

District unit rates can be used as there is no other market price available in the concerned villages. AHs confirmed that they do not know other prices nor is there any reference of land or tree sale. There was an agreement that the proposed unit rates can be used as market rate. The latest referenced unit rate concerns 20.000 kip/land along secondary road and 33,000 Kip/teak

tree. This has been updated based on inflation rate derived calculations (see Section A 3.3-5) This applied unit rate for agreed compensation is in line with the approach of same unit rates within

the same district for development projects including water supply. However, as part of compensation payments final explanation will be given to the affected households about inflation rate updated market prices (see Section A 3.3-5).

A 3.3-4: NAM BAK DISTRICT UNIT RATES As one source official unit rates were provided by the district authority in February 2021, as shown below. They have been used but updated through inflation rates under see A 3.3-5.


64

ATTACHMENT 3.3-4A: COMPENSATION – NAM BAK UNIT RATES

Non-literal English Translation

Lao People`s Democratic Republic Pease Independence Democracy Unity Prosperity

Luang Prabang Province Nam Bak District No. 07/DGN-NB Date: 4 Feb 2021 Confirmation Letter Unit Rate of Nam Bak District According to Land Law No. 70/NA; Date 21 June 2019. According to Agreement of the Governor Luang Prabang; No. 74: Date on 15 July (7) 2019 Nam Bk District Administration has confirms that: The unit rates of land and trees affected by the construction of the WSSP in Nam Bak District are as follows:

1. Land in urban area.

No. Type Unit Unit Rate [kip/piece] Remark

1 Land closed to main road m2 30,000 2 Land closed to secondary road m2 20,000 3 Land no access road m2 10,000

2. Type of Industry trees (kip/piece and planting age)

No. Type 1 year

2 years

3 years

4 years

5 years

6 years

7 & more years

1 Agarwood 12,000 15,500 19,500 22,500 26,000 29,500 33,000 2 Teak 12,000 15,500 19,000 22,000 26,000 29,500 33,000 3 Rosewood 16,000 17,500 21,000 24,500 28,000 32,000 40,000

Note: Rubber only 1 to 3 years age priced with 52,000 kip/tree; 4 to-5 years age valued with 92,000 kip/tree; up to 7 years age valued 154,000 kip/tree.

3. Fruit trees.

No. Fruit trees Bearing fruit [kip/piece]

Non-Bearing fruit [kip/piece] Remark

1 Jack fruit 150,000 50.000 2 Mango 150,000 50.000


65

ATTACHMENT 3.3-4B: COMPENSATION – NAM BAK UNIT RATES

No. Fruit trees Bearing fruit [kip/piece]

Non-Bearing fruit [kip/piece] Remark

3 Tamarin 150,000 50,000 4 Maak Khor 150,000 50,000 5 Mak Phang 150,000 50,000 6 Guava 150,000 50,000 7 Mak Lord 150,000 50,000 8 Mak Nammane 150,000 50,000 9 Mak Tong 150,000 50,000

10 Coconut 300,000 80,000 11 Orange 300,000 80,000

Note: Especially coconut tree and orange tree have bearing fruits 300,000 Kip/tree and not yet having fruits 80,000 Kip/tree

4. Other crops.

No. Type of Crops Unit Unit Rate [kip/piece]

1 Ginger Bundle 5,000 2 Bamboo Bundle 5,000 3 Pineapple Bundle 2,000 4 Banana bearing fruits Bundle 20,000 5 Banana not-bearing fruits Bundle 10,000

Therefore, the district authorities of Nam Bak have confirmed that the prices of land and trees in the district affected by the water supply project in Namthouam and Pakmong (i) follow values defined in the Agreement of the Governor of Luang Prabang Province No. 74/ Date 15 July 2019; and (ii) should be used as replacement unit prices in agreement with people affected through the construction of various projects in Luang Prabang Province.

Therefore, the district authority issued this certificate as evidence.

District Governor of Nam Bak

Stamp & Sign


66

A 3.3-5: USE OF INFLATION RATES The use of inflation rates has been used for updating planned compensation and reimbursement payments. As reference serves the National Bank of Lao providing annual and monthly inflation rates. The subproject approach applies the inflati9n rates as shown in Table 5-1 and distinguishes:

For full calendar years the given annual inflation rates.

For subproject relevant reference dates in a past year, the average of the remaining monthly inflation rates of the same calendar year.

For the current year the average of available monthly inflation rates. Table 5-1: Inflation Rates

The inflation rates are used for the calculation of updated unit rates for the subproject affected land and trees as shown in the self-explanatory Table 5-2. The green-backgrounded unit rates were used in the Inventory of Loss (see Attachment 3.1) to calculate the compensation amounts to be paid. Table 5-2: Updated Unit Rates for Affected Assets


67

The inflation rates are also used for the calculation of an updated reimbursement for transfer or land use rights as shown in the self-explanatory Table 5-3. The green-backgrounded amount has to be paid to the user of a residential cum commercial portion of governmental land. Table 5-3: Updated Reimbursement Payment

A 3.3-6: CONSTRUCTION DISTURBANCES The construction will lead to temporary disruption of existing community roads, pathways, and accesses, which can range between 1 to 3 days according to the construction methods. The disturbances shall be limited through the following measures as defined in EMMP:

- Walking access will be maintained to affected properties and access routes will be temporarily lined with timber or similar material. Particular attention will be given to ensuring safety along roads and paths used by school children.

- Side street parking of construction vehicles on prolonged basis will not be allowed. - Install barriers and safety warning signs on road sections and if necessary, deploy traffic aides/

flag persons at affected locations. Information boards at blocked roads will provide information about the temporary closure of roads, schedule of works and the traffic-rerouting plan; and

- Require the contractor to immediately rehabilitate the excavated areas and any damaged road and path sections.

At individual level for owners and/or users of their compounds (premises) this could mean: - “First half” of shop area along road first allowing access by second half, and (ii) after completion

and backfilling second half to excavate then providing access through 1st half. - Whole area of shop at once, but then guaranteeing walking access and/or access routes to be

temporarily lined with timber (or other material). - Excavation can be carried out by both machines and manual digging.

A 3.3-7 ACCESSIBILITY AND INCOME In general, pipe-laying of the mains and distributors will lead to disturbances but will be mitigated as outlined in above item A 3.3-6. In addition, control and regulation of traffic and pedestrian movement will be in place. For these reasons, construction related impacts along the public RoW will be temporary and will be managed by limiting the length of construction, the supervision of works, provision of temporary property access and quick follow-up with temporary, then permanent reinstatement. The installation of pipes (excavation, pipe laying and backfilling) shall be completed within several days. In addition, for temporary access to private and public as well as residential and/or business/ commercial compounds and structures will be provided, so that related income activities are not affected. Therefore, certainly no loss of income is expected for shops or service providers, who serve their clients “in-house”, such as pharmacies, barber shops, minimarts, and others. Therefore, these are no income-affected business/commercial cases. Only for cases where restaurants, food vendors and noodle soup shops have in addition or only business area along or on the RoW and/or in front of their structures, a potential loss could occur, however on a hypothetical basis, as no loss or increase of income could also be the actual case. During public meeting in villages of Phase III subprojects, concerned villagers regard the disturbance as minor and temporary inconvenience.


68

ATTACHMENT 4.1-1: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE TREES Fact Sheet Site: Public land – intake

Date: 23 January 2021, serving also as cut-off-date

Village: Pakmong

Case: Loss of private trees: 47 teak trees

Owner: Mr. Chiengonchanh

Situation:

Ownership clear. Achieved agreement on compensation. However, this needs to be updated as part of the compensation payment. Agreed inventory of 47 teak trees. Unit rates for teak trees have been adjusted under Attachment 3.3-5. The IoL based compensation amount increased (see Attachment 3.2)

Issue: None

Photos: Selected impressions

PHOTO 1 AND 2 Public land - access road to intake, WTP and reservoir

PHOTO 3 Teak trees to be compensated at intake area

PHOTO 4 AND 5 District Resettlement Committee, Village Authorities and Mr. Chiengonchanh during meeting and signing agreement on compenstion to be paid.


69

ATTACHMENT 4.1-2A: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE TREES Minute of Meeting on Compensation of Teak Trees


Lao People`s Democratic Republic

Peace Independence Democracy Unity Prosperity

Nam Bak District

Minute of Meeting Issue: Discussing on tree compensation in Pakmong village. According to Land Law No. 70/NA; Date 21 June 2019 (Updated LACP introduced Note: see also Attachment 3.3-4)

On 23 January 2021; time 8:00 am at the village meeting room of Ban Pakmong.

The District Mediation Committee in collaboration with the relevant stakeholder’s village authorities and affected people are listed below:

1. Mr. Yhonglai Kindavong Deputy of District Governor Nam Bak District 2. Mr. Kouyang Head of DONRE 3. Mr. Somvanh Phommalivah Head of DAFO 4. Mr. Bounpheng Phantoly Head of DPWT 5. Mr, Heryang District PIU 6. Mr. Hadsady District technical staff from DAFO 7. Mr. Xayyakhon Technical staff from DONRE

Through consultation and discussion, the committee and stakeholders unanimously agreed as follows:

1. Tree assessment: Teak Tree affected because of construction in intake area at Pakmong village and assessment for the tree based on Discussion and Decision of the Governor No. 74 dated 15/7/2019 / article 2.1.1 Industry tree (Teak Tree) with planting age more than 7 year; 330,00 Kip/tree x 47 trees = 1.551.000 Kip

LACP RELATED CLARIFICATION NOTE: Unit rates for teak trees have been adjusted under Attachment 3.3-5. Accordingly, the IoL based compensation amount increased (see Attachment 3.2).


70

ATTACHMENT 4.1-2B: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE TREES Minute of Meeting on Compensation of Teak Trees

2. Mr. Chiengonchanh; who is the owner of the teak tree has agreed on the compensation amount to be paid.

Therefore, the district resettlement committee had made a minute of meeting as evidence.

The discussion stopped at 9:30 am without any disturbance or other disruption that would have not bene conform with the regulation or law. This minute of meeting was read, explained and agreed by all participating stakeholders by signature or thumbs stamp as evidence.

Attendants: AP: Protocol:

1. Mr. Thonglai Mr. Chiengonchanh Mr. Hadsady

2. Mr. Bounpheng

3. Mr. Somsavanh

4. Mr. Heryang

5. Mr. Bounsourn

Village Chief of Pakmong

Stamp & Sign

Mr. Khamseng Souriphanh


71

ATTACHMENT 4.2-1: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE LAND Fact Sheet Site: Private land – access road to WTP and reservoir

Date: 22 January 2021, serving also as cut-off-date

Village: Nam Kham

Case: Loss of private productive land: 524 m2 fallow land

Owner: Mr. Khurm

Situation:

Ownership clear. Achieved agreement on compensation. However, this needs to be updated as part of the compensation payment. Agreed inventory of 524 m2. Unit rates for land have been adjusted under Attachment 3.3-5. The IoL based compensation amount increased (see Attachment 3.2).

Issue: None


PHOTO 1 Meeting with PIU and district resettlement committee

PHOTO 2 The mediation committee assesses the land of Mr. Khurm for access

PHOTO 3 Affected land for access road

PHOTO 4 Meeting with Mr. Khurm


72

ATTACHMENT 4.2-2: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE LAND Ownership Documentation




National Land Management Authority Series Number:

Department of Land and House Management LPB Province

Family booklet No. 04 Nam Bak District

Phonsavanh Village

Permanent State Land title

Number; 024 No. 474

Issues; To State Land (Water Supply Land)

Date of Birth ------------------- Nation; -----------------; Occupation -------------------------

Residential Village: -------------------- Unit; --------------------District; -----------------

Province: --------------------------; Father Name; ----------------Mother Name; ------------------

Husband or Wife ------------------------------------------------------------------

Location of Land: Street; community road; Unit -----------; Ban; Phonsavanh

Total area of Land; ------------; 0 ha; 8.105 m2

Scale 1/2.000 No. map land B224-270/4; No. 63

Land map

Issue at; Luang Prabang Province; Date 30 March 2009

Head of Provincial Land Management Authority Head of Land and House Management Office


73

ATTACHMENT 4.2-3: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE LAND Mapped Affected Area

Affected Area: 524m2


74

ATTACHMENT 4.2-4A: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE LAND Minute of Meeting on Compensation of Productive Land



Peace Independence Democracy Unity Prosperity Nam Bak District

Minute of Meeting Issue: Discussing land for access road to reservoir in Namkhan village Based on Land Law No. 70/NA; Date 21 June 2019 (Updated LACP introduced Note: see also Attachment 3.3-4) On 22 January 2021; time 10:00 am at the village meeting room of Namkhan. The District Mediation Committee in collaboration with the relevant stakeholders, village authorities and affected people are listed below: 1. Mr. Yhonglai Kindavong Deputy of District Governor Nam Bak district 2. Mr. Kouyang Head of DONRE 3. Mr. Somvanh Phommalivah Head of DAFO 4. Mr. Bounpheng Phantoly Head of DPWT 5. Mr, Heryang District PIU 6. Mr. Hadsady District technical staff from DAFO 7. Mr, Xayyakhon Technical staff from DONRE 8. Mr. Air Xayyasith Head of Village 9. Mr. Khurm who is Impact on the land Through actual consultation and discussion, the committee and stakeholders unanimously agreed as follows: 1. Land assessment affected to be the construction of the access road to the reservoir at Namkhan village. Based on discussion and decision of the Governor No. 74 /dated 15/7/2019 / Article 2.1: Land in the outskirt area and along a secondary road;


75

ATTACHMENT 4.2-4B: LAC DUE DILIGENCE – 1 AFFECTED HOUSEHOLD THROUGH LOSS OF PRIVATE LAND Minute of Meeting on Compensation of Productive Land

2. Concerning agreed size of 524 m2 affected land, Mr. Khurm as landowner agreed to the evaluated 10,480,000 Kip as value of the land. 3. The district mediation committee agreed to compensate Mr. Khurm before construction start according to the evaluation of the district resettlement committee.

LACP RELATED CLARIFICATION NOTE:

Unit rates for land have been adjusted under Attachment 3.3-5. Accordingly, the IoL based compensation amount increased (see Attachment 3.2).



Attendants: AP: Protocol:

1. Mr. Thonglai Mr. Khurm Mr. Xayyakhon 2. Mr. Somvanh 3. Mr. Bounphon 4. Mr. Bounpheng 5. Mr. Heryang 6. Mr. Kouyang 7. Mr. Hadsady

Village Chief Stamp & Sign

Mr. Air XAYYAVONG


76

ATTACHMENT 4.3-1: LAC DUE DILIGENCE –THE-AFFECTED HOUSEHOLD USING GOVERNMENTAL LAND Fact Sheet Site: Public land – reservoir

Date: 23 January 2021

Village: Namthouamtai

Case: Reduction of gov. land for user. Required portion of 400 m2 at the corner of the compound are not utilized by the private user.

User: Mr. Chieng Thongphanh

Situation:

A 4.3-2 Meeting between owner and user of gov. land

A 4.3-3 DONRE documentation on history and status of land use and ownership.

A 4.3-4 Documentation of payments

A 4.3-5 Ownership

Status: As part of the implementation of the LACP, a new reimbursement payment documentation has to be prepared.

Issue: Ongoing discussion between governmental owner and current private user on possibilities to change land use certificate to land title because of his undertaken investments in a guesthouse. This matter is not subject of clarification by the subproject.


PHOTO 1 TO 3 District Resettlement Committee, village authorities, user of gov. compound at site allocated for future reservoir.

PHOTO 4 AND 5 Established not affected private guesthouse on not affected main portion of governmental land


77

ATTACHMENT 4.3-2A: LAC DUE DILIGENCE –THE -AFFECTED HOUSEHOLD USING GOVERNMENTAL LAND Minute of Meeting on Mutual Understanding



Nam Bak District

Minute of Meeting.

Issue: Discussing on the land for reservoir in Namthouamtai village

On 22 January 2021; time 14:00 at the village meeting room of Namthouamtai.

The District Mediation Committee in collaboration with the relevant stakeholders, village authorities and affected people are listed below:

1. Mr. Yhonglai Kindavong Deputy of District Governor Nam Bak district

2. Mr. Kouyang Head of DONRE

3. Mr. Somvanh Phommalivah Head of DAFO

4. Mr. Bounpheng Phantoly Head of DPWT

5. Mr, Heryang District PIU

6. Mr. Hadsady District technical staff from DAFO

7. Mr, Xayyakhon Technical staff from DONRE

8. Mr. Sychanh Sourivong Head of Village

9. Mr. Somly Son of Ap

10. Mr. Chieng Thongphanh who are concerned by the land.

Through actual consultation, the committee and stakeholders unanimously agreed as follows:


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ATTACHMENT 4.3-2B: LAC DUE DILIGENCE – THE AFFECTED HOUSEHOLD USING GOVERNMENTAL LAND Minute of Meeting on Mutual Understanding

By the district committee and the village administration; I am, Mr. Chieng Thongphanh Souvahphon who uses the government land; According to land title No. 581 / belong to state land dated 30.03.2009; Accept that the discussed portion of that governmental land the district will use public development activities (Updated LACP Note: for WSS subproject).



Attendants: Non-APs Protocol

1. Mr. Thonglai Mr. Thongphanh 2. Mr. Kouyang Mr. Somly (Son) Mr. Xayyakhon 3. Mr. Bounpeng 4. Mr. Hadsady 5. Mr. Heryang 6. Mr. Somvanh

Village Chief Stamp & Sign

Mr. Sichanh Sirivong


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ATTACHMENT 4.3-3: LAC DUE DILIGENCE –THEAFFECTED HOUSEHOLD USING GOVERNMENTAL LAND Minute of Meeting on Clarifying Documentation

Non-literal English Translation Lao People`s Democratic Republic

Pease Independence Democracy Unity Prosperity Nam Bak District No. 065/ District Office natural Resource and Environment Date: 02 Feb 2021

Confirmation letter of Head of District Office Natural Resources and Environment.

Issue: State land (individually used) Ban Namthouamtai

District Office Natural Resource and Environment of Nam Bak District has confirmed following: The land at Ban Namthouamtai, Nam Bak District is sate land; The state had previously designated as site of organization headquarter for the district; The area was not used by people as residential or agricultural; In 2004 the land titling project funded by World Bank grant to the Lao Government undertook investigation and technical land measurements in Nam Bak District; In 2007 Mr. Thong and his wife encroached this land without permission from district office to use of state-managed land to cultivate seasonal weeds and crops; in 2009 same the land titling project surveyed and investigated as basis for issuing land titles as state land; Land management (a person who occupied state land first was Mr. Thong / Ms. Pin used the land) refers to land title No. 581 dated 30/3/2009; In 2015, he sold part of the land (LACP related clarification Note introduced by PIA: selling land use rights but not the asset land) to Mr. Chiengthongphanh for 5.000,000 Kip;

Pursuant to the Land Purchase Certificate No. 33 / dated 16/2/2015 and the Certificate for the power of Attorney No. 44 dated 16/2/2020 the local authority does not recognize this transaction; In 2019 the government has a project to build a water supply scheme for the Namthouam. This site has been chosen for the location of a water reservoir. Therefore, Mr. Chieng Thongphanh, a user of state land, acknowledges the districts right to use the governmental land for future public use, as construction of various state activities. Therefore, this certificate was sent to the Head of the District Administration Office for information

District Governor of Nam Bak Head of DONRE Stamp & Sign Stamp & Sign Mr. Somvang PHONKHAMVONGSA Kouyang


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ATTACHMENT 4.3-4: LAC DUE DILIGENCE – THE AFFECTED HOUSEHOLD USING GOVERNMENTAL LAND Minute of Meeting on Transfer of Land use Rights



Namthouamtai No, 33 Date 16/02/2015 Certificates Buy - Sell Village Chief of Namthouamtai; Nam Bak District; Luang Prabang Province; and with witnesses Though 3 persons by names:

1. Mr. Onta, 45 years old; Lao citizen; resident in Namthouamtai village 2. Mr. Bounthan, 34 years old; Lao citizen; resident in Namthouamtai village 3. Mr. Chieng Thongphanh, 47 years old; Lao citizen; resident in Namthouamtai village

I am Mr. Thong Bouasavanh, 52 years of age; Lao citizen; occupation: gardening, and resident in Namthouamtai village, Nam Bak District Luang Prabang Province: Have agreed in the sale of residential land - 1 plot: Mr. Thong Bouasavanh sold to Mr. Somly Souliphon 29 years if age, Lao citizen; occupation: trading, resident in Namthouamtai village. Have already paid the total amount of 5,000,000 Kip (Five million kip only), and from the date of buy-sale bought the right of land use; Mr. Somly and Mr. Thong also confirmed that this plot belongs to him, as in case of issues/problems afterwards he should have responsibility towards any regulations. Therefore, both parties accept this agreement in the presence of the listed witness and head if village and signed this minute as evidence. Village Chief. Witness. Buyer Seller Mr. Vilay Mr. Onta Mr. Somly Mr. Thong Mr. Chiengbounthan Note: Concerning such transaction between private people the government does not recognize such trading. Land sketch: total area 3.455 m2


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ATTACHMENT 4.3-5: LAC DUE DILIGENCE –OWNERSHIP STATUS OF THE STATE LAND PLOT USED BY A PRIVATE PERSON Land Title



National Land Management Authority Series Number:

Department of Land and House Management LPB Province

Family booklet No. 04 Nam Bak District

Namthouamtai Village

Permanent State Land title Number; 131 No. 581

Issues; State Land

Date of Birth ------------------- Nation; -----------------; Occupation -------------------------

Residential Village: -------------------- Unit; --------------------District; -----------------

Province: --------------------------; Father Name; ----------------Mother Name; ------------------

Husband or Wife ------------------------------------------------------------------

Location of Land: Street; community road; Unit -----------; Ban; Namthouamtai

Total area of Land; ------------; 0 ha; 6.373 m2

Scale 1/1.000 No. map land C222-266/03; No. 57

Land map

Issued at Luang Prabang Province; Date 30 March 2009

Head of Provincial Head of Land Management Authority Land and House Management Office

(Note by PIA: only government can own this land, Individual cannot keep a permanent land title)


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ATTACHMENT 5.1-1: COMPLEMENTARY DOCUMENTATION – APPROVAL BY DISTRICT GOVERNOR




Nam Bak District No. 553/DONRE

DONRE Date 20 (8) August 2019

Proposed Letter

Attn: Governor of Nam Bak District Subject: Issue letter decision to give land certificate to WSSP in

Pakmong village Cluster – Namthouam - According to Land Law No. 04/NA; Date 21 October 2003;

- According to agreement of the member party committee of Nam Bak District;

- According to the team survey technical from DONRE Office; on 31 July 2019.

DONRE agreement to make proposed letter to the Governor of Nam Bak District for give agreement letter land used certificate of WSSP in Namthouam Subproject; Total area 48.344m2 location in Pakmong village 2 Location total area 31.003m2; Nam Khan village 2 location Total Area 9.236m2; and in Phonsavanh village 01 location; already had land tittle No. 0474 and Land map No. B 224 – 270/4 Plot Land No. 63 and total area 8.105 m2; PNP Luang Prabang;(Map Land in Attach)

Therefore, this issued letter serves as reference for the implementation of WSSP in Namthouam; Nam Bak District.

DONRE


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ATTACHMENT 5.1-2: COMPLEMENTARY DOCUMENTATION – AGREEMENT BY DISTRICT GOVERNOR:




Luang Prabang No. 047/

Nam Bak District Date 04 October 2019

Decision of Nam Bak Governor on To give the right Land Use Certificate. / Used public land for Intake; WTP of WSSP.

- According to Land Law No. 04/NA; 21 October 2003

- According to Proposed Letter from ( DRONRE) District Office Natural Resource and Environment; No. 553/DONRE; on 20(8) August 2019.

Agreement of District Governor Article 1: To give the right for land use 0f an area with the total of 48.344m2 for building the intake and WTP of WSSP of Nam Bak District; in Pakmong village 2 location Total 31.003m2; in Nam Khan village 2 location Total Area 9.236m2 and in Phonsavanh village 1 location Total Area 8.105m2

Article 2: All the recognized party-state organizations and stakeholders to established conditions leading to good results;

Article 3: This decision enters into force from the date of its signature.

Governor of Nam Bak District

Stamp

Mr. Somphon OUDOMPHANH


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ATTACHMENT 5.2-1: COMPLEMENTARY DOCUMENTATION – LAND USE CERTIFICATES: Intake location

in Pakmong village

Total area: 1,345 sqm

Issued at FS stage: 31 July 2019.

Confirm at DED stage: 18 March 2020.

Reconfirmed during LAC report preparation: January 2021.

Location for WTP (incl. ground reservoir)

And access road in Pakmong village

Total area: 29,658 sqm equivalent to 2.966 hectares

Issued at FS stage: 31 July 2019.

Confirm at DED stage: 18 March 2020.



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ATTACHMENT 5.2-2: COMPLEMENTARY DOCUMENTATION – LAND USE CERTIFICATES: Elevated reservoir

in Nam Khan village

Total area: 1.419 sqm

Issued at FS stage: 29 Oct. 2019.

Confirmed at DED stage: 18 March 2020.


Elevated reservoir

in Nam Khan village

Total area: 8.000 sqm

Issued at FS stage: 29 Oct. 2019.

Issued at DED stage: 17 March 2020.



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ATTACHMENT 5.2-3: COMPLEMENTARY DOCUMENTATION – LAND USE CERTIFICATES: New PNP office location

in Phonsavan village

Total area: 8,105 sqm

Issued at FS stage: 22 June 2019. Confirm at DED stage: 30 March 2020.


Elevated reservoir

in Namthouamtai village

Total area: 400 sqm

Issued at FS stage: 29 October 2019. Confirm at DED stage: 18 March 2020.


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