DA NANG QUANG NGAI EXPRESSWAY PROJECT...Da Nang – Quang Ngai Expressway Project Resettlement Plan...

Ministry of Transport

Vietnam Expressway Corporation

RESETTLEMENT PLAN

Volume 1- DA NANG SECTION

January 2011

DA NANG – QUANG NGAI

EXPRESSWAY PROJECT

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Typewritten Text

RP1046 v1 REV

Da Nang – Quang Ngai Expressway Project

Resettlement Plan – Da Nang Section January 2011

i

CONTENTS LIST OF TABLES .............................................................................................. iii

ABBREVIATIONS ............................................................................................. v

DEFINITION OF TERMS .................................................................................. vi

EXECUTIVE SUMMARY.................................................................................... 1

I. INTRODUCTION ....................................................................................... 8

I.1. The project ........................................................................................................ 8

I.2. Minimizing Land Acquisition and Resettlement Impacts ............................... 10

II. LEGAL FRAMEWORK .............................................................................. 13

II.1. Relevant Vietnamese Legislation .................................................................... 13

II.2. Involuntary Resettlement Policy of the WB (PO 4.12- December 2001) ....... 15

II.3. Main gaps between Viet Nam policies and World Bank Policy on IR ............. 15

III. ENTITLEMENT POLICY .......................................................................... 19

III.1. Objectives .................................................................................................... 19

III.2. Eligibility to compensation and relocation assistance ................................ 19

III.3. Compensation Principle and Entitlement ................................................... 20

III.3.1. Principles of Replacement Cost ................................................................. 20

III.3.2. Compensation policy for agricultural land ................................................. 21

III.3.3. Compensation for Residential Land ........................................................... 23

III.3.4. Compensation houses/other structures .................................................... 24

III.3.5. Compensation for Graves/Tombs .............................................................. 24

III.3.6. Compensation for loss of Standing Crops and Trees ................................. 25

III.3.7. Compensation for Loss of Income and/or Business/Productive Assets .... 25

III.3.8. Compensation for temporary impact during construction ....................... 25

III.3.9 Compensation for Loss of Community Assets ............................................ 26

III.3.10. Allowances and Rehabilitation Assistance during Transition Period ...... 26

III.3.11. Allowances / Assistance Targeted to Vulnerable Households ................ 29

IV. SOCIOECONOMIC CONDITIONS ........................................................... 30

IV.1. General socioeconomic conditions of the affected area ............................ 30

IV.2. Survey on the socioeconomic conditions of the project DPs ...................... 30

IV.2.1. Demographic Characteristics of DPs..................................................... 31

IV.2.2. Educational status ................................................................................. 32

IV.2.3. Occupation and Employment ............................................................... 32

IV.2.4. Household Incomes .............................................................................. 33

IV.2.5. Households below Poverty level .......................................................... 33

IV.2.6. Access to public facilities ...................................................................... 34

IV.2.7. Access to utilities and services ............................................................. 35

IV.2.8. Ownership of Consumer Goods ............................................................ 35



ii

V. RESETTLEMENT IMPACTS ....................................................................... 36

VI. RELOCATION ARRANGEMENT .............................................................. 65

VI.1. The potential of the resettlement sites ...................................................... 65

VI.2. Process of site development and resettlement policy ................................ 69

VI.3. Cost for the site development ..................................................................... 72

VI.4. Issues of relocation . .................................................................................... 72

VII. INCOME RESTORATION AND REHABILITATION .................................... 73

VIII. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE,

DISSEMINATION ........................................................................................... 81

VIII.1. Purposes and contents of consultation and information dissemination. ... 81

VIII.2. Consultation during RAP preparation. ........................................................ 82

VIII.3. Consultation during RAP Implementation .................................................. 88

VIII.4. Disclosure..................................................................................................... 88

IX. IMPLEMENTATION ARRANGEMENTS ................................................... 89

IX.1. Responsibility ............................................................................................... 89

IX.2. Implementation arrangements ................................................................... 93

IX.3. RAP implementation schedule .................................................................... 99

X. MONITORING AND EVALUATION ......................................................... 102

X.1. Internal monitoring ....................................................................................... 102

X.2. External Monitoring ...................................................................................... 102

XI. GRIEVANCE REDRESS MECHANISM .................................................... 106

XII. COST AND BUDGET ............................................................................ 108

XII.1. Compensation Prices ................................................................................. 108

XII.2. Cost estimate ............................................................................................. 109

ANNEX A: Comparision Table ........................................................................ 1

ANNEX B: Socio-economic Characteristics .................................................. 11

ANNEX C: Resettlement Impacts ................................................................. 16

ANNEX D: TOR for Replacement Cost Survey .............................................. 24

ANNEX E: Resettlement Cost ....................................................................... 25

ANNEX F: TOR for External Monitoring Agency .......................................... 33

ANNEX G: DMS Questionaire ...................................................................... 40



iii

LIST OF TABLES Table I.1: General technical specifications of the project ............................................... 9

Table I.2: District and Communes covered by the Expressway .................................... 10

Table IV.1: Demographic Characteristics of DPs ........................................................... 31

Table IV.2: Age structure of surveyed population ........................................................ 31

Table IV.3: Educational status of the heads of householders ....................................... 32

Table IV.4: Education Level of Surveyed DPs ................................................................ 32

Table IV.5:Types of employment ................................................................................... 33

Table IV.7: Number of poverty household base on MOLISA poverty line .................... 34

Table IV.8: Percentage of HHs experience with periodic health check in affected area

....................................................................................................................................... 34

Table IV.9: Percentage of HHs has toilet facilities and connects to running water ...... 35

Table IV.10: Consumer Goods of the surveyed households ......................................... 35

Table V.1: Number of HHs and heads affected by land acquisition ............................. 36

Table V.2: Number of affected area of different land types ......................................... 37

Table V.3. Impact Degree on agricultural land .............................................................. 38

Table V.4. Legal status on land use right ....................................................................... 38

Table V.5: Number of households fully affected on residential plot and number of

residential landless households by district ................................................................... 43

Table V.7: Legal status on land use right ....................................................................... 43

Table V.8: Fully affected houses by district (fully affected area or partially acquired by the

project but the remaining area unviable for use) ................................................................. 45

Table V.9: Area of fully affected houses according to each house class ...................... 45

Table V.10: Partially affected houses by districts ......................................................... 45

Table V.11: Area of partially affected houses according to each house class .............. 46

Table V.12: Loss of other Structures ............................................................................. 47

Table V.13: Impacts on annual crops and trees by Districts ......................................... 48

Table V.14. Affected Small Scale Business household .................................................. 49

Table V.15: Affected vulnerable households ................................................................ 50

Table V.15: Number of Household Are Entitled to Receive Land Plot in Resettlement

Sites ................................................................................................................................ 50



iv

Table VI-1. The households have to relocate and potential of resettlement sites by

district ............................................................................................................................ 68

Table VI.2: Steps for Site Planning, Development and Relocation Implementation .... 71

Table VII.1: Consultation with institutions, local NGOs of the affected districts ......... 75

Table VII.2: Potential programs, loans and training courses in Da Nang City could be

considered for the economic restoration and livelihood improvement for the project

affected people .............................................................................................................. 76

Table VIII.1: Meetings in affected districts .................................................................... 83

Table VIII.2: Preferences, choices of DPs to the modes of economic restoration ........ 86

Table IX.1: Proposed schedule for RAP implementation with key activities ..............100

Table XII.1: Sumary Estimated Resettlement Cost for the Da Nang section ..............109

Table XII-1: Summary Estimated Resettlement Cost for the Da Nang section ...........110



v

ABBREVIATIONS CPC Commune People’s Committee

DPC District People’s Committee

DCSCC District Compensation and Site Clearance Committee

DARD Department of Agriculture and Rural Development

DOC Department of Construction

DOF Department of Finance

DONRE Department of Natural Resources and Environment

DPI Department of Planning and Investment

DOT Department of Transport

DMS Detailed Measurement Survey

DP Displace Person

EMA External Monitoring Agency

FS Feasibility Study

GOV Government of Viet Nam

IDA International Development Association of the World Bank

IOL Inventory of Losses

LURC Land Use Rights Certificate

MOLISA Ministry of Labor, Invalids and Social Assistance

MOT Ministry of Transport

NGOs Non-governmental Organizations

PIP Project Information Pamphlet

PMU85 Project Management Unit 85

PPC Provincial Peoples’ Committee

RCS Replacement Cost Study

RAP (or RP) Resettlement Plan

SES Socio-Economic Survey

TOR Terms Of Reference

USD US Dollar

VND Vietnam dong

WB World Bank

WU Women’s Union



vi

DEFINITION OF TERMS

Assistance

Means additional support provided to DPs who lose assets

(particularly productive assets), incomes, employment or sources of

living, to supplement payment of compensation for acquired

assets, in order to achieve, at a minimum, full restoration of living

standards and quality of life or otherwise improvement.

Cut-off date

Is the date of commencement of census and asset inventory

surveys by the provincial authorities following approval of the

project by GOV. The cut-off date has to be formally declared by the

relevant authorities to stakeholders. Persons who occupy the

project site after the cut-off date will not be eligible for

compensation and relocation assistance.

Detailed

Measurement

Survey (DMS)

Means the detailed survey of affected assets for preparation of

Inventory of Losses (IOL), including the loss of land, structures and

other fixed assets, business, employment and sources of

households incomes; and preparation of detailed list of households

thus impacted by the project. The final cost of compensation,

assistance and resettlement is determined following completion of

the DMS. The DMS will be done by respective District

Compensation Committees in the RAP implementation phase once

the benchmarks of the project site demarcation are put on the

ground.

Displaced Persons

Term used in OP 4.12 of the World Bank. Means any person or

persons, household, firm, private or public institution that, on

account of changes resulting from the Project, will have their or its

(i) standard of living adversely affected; (ii) right, title or interest in

any house, land (including residential, commercial, agricultural,

forest and/or grazing land), water resources or any other moveable

or fixed assets acquired, possessed, restricted or otherwise

adversely affected, in full or in part, permanently or temporarily;

and/or (iii) business, occupation, place of work or residence or

habitat adversely affected, with or without displacement. DPs

including all persons who are affected by land acquisition for the

project construction (permanently or temporary) and persons who

are affected by land acquisition for the relocation site development

for the relocating households.



vii

Entitlement

Means the range of measures comprising compensation,

assistance, (including income restoration support, transfer

assistance, income substitution, relocation support and assistance

to the vulnerable DPs etc.) in order to achieve the objective of

Resettlement Plan.

Host community Means the community residing at, or in the vicinity of the

relocation sites designated for relocating households.

Livelihood

restoration/

Improvement

Means the restoration of livelihood and household incomes of

relevant DPs through the RAP policy and its implementation.

Inventory of Losses

(IOL)

Means the process of identification, location and measurement of

all fixed assets that will be acquired / recovered or adversely

affected by or as a result of the project. These include, (without

limitation or being an exhaustive list) lands used for residence,

commerce, agriculture, ponds; dwelling units, stalls and shops,

other structures, such as fences, tombs, wells; trees with

commercial value, sources of income and livelihood. It also includes

the assessment of the severity of the impact of land and property

on the affected assets and the severity of impact to the livelihood

and productive capacity of DPs. Detailed and final IOL is carried out

in the initial phase of RAP implementation.

Land recovery

Means the processes by which all or part of land and property

owned, possessed, occupied or used, are compulsorily recovered or

otherwise acquired from an individual, household, firm or private

institution by the State or are acquired by agreement. Decision on

land recovery will be done through two steps (i) Decision at the

provincial or city for the whole project areas and subsequently (ii)

Decision by the district to each individual.

Resettlement Means the physical relocation of DP from the DP’s pre-project place

of residence and/or business.

Vulnerable People

Means individuals or distinct groups of people who might suffer

disproportionately or face the risk of being further marginalized by

the effects of land and property recovery or resettlement and

specifically includes: (i) female headed households with

dependents (ii) households with disabled persons, (iii) households

falling under the current MOLISA benchmark poverty line, (iv)

children and elderly households who are with no other means of



viii

support, and (v) landless households.

Replacement Value

Means the amount calculated before displacement which is needed

to replace an affected asset without deductions for taxes, and/or

costs of transaction as follows:

(i) Productive land (Agricultural, fishpond, garden, forest) based

on market prices that reflect recent land sales of comparable

land in the district and other nearby areas, and in the absence

of such recent sales, based on equivalent productive value;

(ii) Residential land based on market prices that reflect recent

sales of comparable houses and residential land in the district

and other nearby areas, and in the absence of such recent land

sales, based on sales in other locations with similar 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 current market value of the crop

at the time of compensation;

(v) Perennial crops and trees, cash compensation equivalent to

current market value given the type, age and productive value

(future production) at the time of compensation.

(vi) Timber trees, the price that would currently be paid for the

tress on the nearest market based on the diameter of each tree

at breast height.

Replacement Cost

Study

Means the process involved in determining the replacement cost of

land, houses and other affected assets based on surveys by

independent evaluators.



Page 1

EXECUTIVE SUMMARY

1. The project

According to JETRO Study, one of major reasons of traffic accident on National

Highway 1A is considered of “Mixed Traffic.” That is mixing of industrial and living

transportation, mixing of Quang Nam short traffic, and mixing of bicycle, motorcycle

and vehicle. The Expressway is designed to receive long trip traffic, which will

contribute for reducing traffic accident.

Da Nang - Quang Ngai Expressway Project is with the objective of improving the road

transportation system with the scopes of i) providing safe and secured transportation

for the high speed and heavy vehicles, and ii) strengthening of institution to manage

the expressway transportation system. Through realizing the scopes, the Expressway

is also aimed to achieve the following targets:

(a) Support Nationwide Socio-Economic Development

(b) To Promote Socio-Economic Development of Central Vietnam

(c) To Promote Improvement of Environment; and

(d) To Promote Traffic Safety

The alignment of the Expressway passes through two provinces (Quang Nam and

Quang Ngai) and Da Nang city, with 139.52 km in total length and tolled dual 2-lane

facility (2-lane at each direction) at the entire alignment.

The Resettlement Plan summarizes the impacts due to the proposed expressway

traversing the City of Da Nang. Approximately 08 km length of the road alignment

crosses through one district namely Hoa Vang, covering a total of three communes of

Da Nang City.

2. Land acquisition impacts

According to Vietnam Regulation, the width of the corridor for the project is 70m.

Based on this required area, land acquisition impacts in the Da Nang City are

summarized as below:

There are a total of 424 households in 03 communes of 01 district of Da Nang City

who will be impacted by land acquisition for the project. Of these:

- 62 Households will be impacted by the loss of residential land either partially

or fully with the total affected area is 38,498 m2



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- 395 Households will be impacted due to the loss of agricultural land with the

total area of 370,374 m2.

- 88,067 m2 other land (public land) will be impacted

- About 9,075 m2 of forestry land (Production forestland) will be impacted.

- 59 Households will be impacted on either partially or fully by the loss of

houses with the total affected area of houses being 2,453 m2..

- There are 85 HHs will receive land plot in resettlement site, of which

relocated HHs due to loss of residential land (both with and without structure)

include 25 HHs (including 12 HHs affected by loss of business), by loss of

agriculture land (60 HHs).

3. Legal and Policy Frameworks

The RAP is developed based on the laws of the Government of Viet Nam (GOV) and

the World Bank Policy on Involuntary Resettlement (OP 4.12- December 2001).

The policy of GOV on compensation, assistance and relocation has been improved

significantly in recent years (Land law-2003; Decree 197-2004; Decree 84-2007;

Decree 69-2009 etc.) and very close to the requirements of the World Bank standards

on involuntary resettlement (OP 4.12). The entitlements for compensation and other

assistance take into consideration the latest provisions of the Decision 36/2009/QĐ-

UB of Da Nang People’s Committee, dated on 24th December 2009, on compensation

and resettlement policies.

The main policy objectives and principles of the Project Compensation and

Resettlement policy are (i) land acquisition should be minimized as much as possible,

if unavoidable, the policy should be developed to (ii) ensure that affected people

receive compensation at full replacement values and with relocation assistance so

that they will be at least as well off as they would have been in the absence of the

project or otherwise improved.

The cut-off date of the project coincides with the date of commencement of the

census of affected persons and inventory of losses (IOL) and will be established when

DMS begins following approval of the project by GOV. The cut-off date will be

formally announced by the relevant authorities to stakeholders.

4. Public Participation and consultation

Several meetings of consultations, public meetings and commune discussions were

held with affected households and local authorities. Many DPs and local officials at



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the different levels from the province to commune as well as local NGOs have been

consulted for different aspects of compensation and resettlement such as

compensation and resettlement policy, options to compensation modes (in cash or in

kind, cash for self-relocation or to relocate at the resettlement sites which will be

constructed by the project), preference to the livelihood restoration/development

programs etc. Many different instruments and channels of consultation and

participation were applied and organized. A lot of feedback has been obtained from

DPs, local NGOs, local authorities and relevant Provincial, District Departments. Public

consultation activities will continue throughout the implementation phase. At the

early time of the RAP and project implementation, Public Information Booklet (PIB)

will be prepared by the Project Management Unit 85 and will be disseminated to the

affected households and posted at the public places.

5. Relocation arrangements and livelihood restoration

Since no public agricultural land is available that can be offered to the DPs as

replacement agricultural land, the project authorities will make special efforts to

assist DPs who wish to purchase replacement private agricultural land on willing-

buyer willing-seller basis. The project will also provide logistical support for such

transactions and all legal and documentation costs would be covered by the project if

carried out within a period of six months from the date of receipt of compensation by

the DPs. External Monitoring Agency will closely monitor this activity.

There are 85 households have to be relocated with total required area of

resettlement sites being 35,360m2. The resettlement sites will be well developed with

physical infrastructures and social services such as inter roads, water and power

supply system, drainage and sewage water treatment systems etc.

The economic restoration programs to the DPs losing their productive land, including

poor and vulnerable groups are proposed to make sure that they would improve or at

least restore their livelihood as before displacement levels. The programs are

proposed to be based on the consultation with DPs and other stakeholders, especially

local NGOs.

Implementation of livelihood restoration programs, including outcome of the

training, extension services etc. will be closely monitored by the project authorities as

well as by the external monitoring agency. A post-implementation evaluation by the

external monitoring agency would be carried out to determine whether the

objectives of the income rehabilitation and livelihood restoration have been

achieved. The project authorities will provide additional resources for continued

assistance to the DPs until they have restored their livelihood at least to the pre-

project levels.



Page 4

Planning and implementation of selected income restoration plans will be based on

extensive and well-documented consultation with the affect people.

6. Implementation Arrangements

Responsibilities of all relevant authorities and institutions from Central to Commune

levels are clearly described in the Decree 197/ND-CP-2004 and Decree 84/ND-CP-

2007.

The VEC under the Ministry of Transport (MOT), is the Executing Agency of the

Project. It is responsible for realization of the Da Nang - Quang Ngai Expressway

Project, including resettlement policy framework.

PMU85, on behalf of the VEC, has direct responsibility and day-to-day management

oversight for implementing all aspects pertained to the Expressway’s works, including

planning, programming, budgeting, design, implementation, monitoring, evaluation,

ensuring overall project’s coordination and supervision of resettlement activities and

coordination/liaison with the World Bank.

The PMU 85 will provide overall guidance and closely coordinate with all district and

commune levels for the project and RAP implementation.

The PPC of Da Nang City and their relevant Departments are responsible for review,

approve on land recovery; compensation costs at the replacement values, relocation

site development and direct its lower levels in implementing the RAP.

District People’s Committees, District Compensation and Resettlement Committees

(DCSCC), affected Communes will be responsible for carrying out for the DMS,

prepare compensation plans for each HH or individuals, affected institutions, pay

compensation to DPs as well as settle for complaints from DPs.

7. The implementation schedule

The implementation schedule of RAP is proposed based on the schedule of the

project construction; a schedule for key activities is summarized as below.

Proposed schedule for RAP implementation with key activities (this RAP

implementation schedule will be modified after the finalization of the proposed

construction schedule).

8. Information disclosure and dissemination

Key information about the project, compensation and assistance will be summarized

as in Public Information Booklet (PIB) and will be disseminated to all DPs once this



Page 5

RAP is approved by the competent authorities. The Project Management Unit 85 is

responsible for disclosing the final RAP.

Table 0.1: Schedule for key activities of RAP implementation

Activities Target dates/time

1. Information campaign: Information disclosure and dissemination

of RAP at info shop of the WB in DC and VIDIC at Viet Nam office

and at PC office Da Nang City. A summary of project background

and RAP disseminated to all affected communities and DPs.

January to February

2011

2. Update detailed measurement surveys and census of DPs March to

December 2011

3. Start up of planning for income rehabilitation measures June 2011 to

September 2011

4. Resettlement site construction June 2011 to

September 2011

5. Pay compensation to and relocation of DPs. May 2011 to

December 2011

6. Relocation of Households April 2012 to June

2012

7. Monitoring June 2011 to April

2013

8. Post-implementation evaluation of resettlement June 2013

The RAP and/or Vietnamese Version of Entitlement Matrix will be disclosed at

affected districts and Communes level as well as at DONRE and DOF offices of Da

Nang City. The full RAP will be disclosed at Info-shop of the World Bank and VIDIC of

the World Bank office in Viet Nam. VNM version of the Entitlement Matrix would be

made available to the DPs in each commune. An external monitoring report on the

RAP implementation will be made available at the project affected communes,

affected districts and to relevant Departments of Da Nang City.



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9. Grievance redress mechanism

The Grievance Redress Committee (called GRC) at 03 levels (commune/district and

provincial level) will be established before the start of resettlement implementation

and announcement publicly. At each level, the committee members will include 5-7

representatives from PMU, CRC (1-2 persons at each 03 level), mass organization/civil

society/CBOs/NGOs (1-2 persons), Lawyer Union/associations and DP

representatives, which is a positive way to resolve issues that concerns of DPs. If it is

impossible to solve their complaints at the commune or ward level, DPs can take 04

steps, which are (i) first stage- at Commune level; (ii) second stage- at District level;

(iii) third stage-at Provincial level; and (iv) final stage- Courts. Persons filing a

complaint will not be charged administration or complaint fees.

Participation of civil society members and DPs representatives would ensure that the

GRCs function without any coercion, remain independent, and discuss all the issues

and complaints, and take decisions in an objective and transparent manner.

10. Cost and budget

Table 0.2: Estimated Resettlement Cost for the Da Nang section

No Items Total cost (VND) Exchange USD (1USD = 19,000 VND)

I Compensation for land 43,802,327,500 2,246,273

II Compensation for Structures 3,036,664,000 155,726

III Compensation for other fixed assets 1,857,304,000 95,246

IV Compensation for crops and trees 3,694,821,000 189,478

V Cost of resettlement site development 14,048,000,000 720,410

VI Cost of Public Facilities 430,000,000 22,051

VII Compensation for Loss of Businesses 307,500,000 15,769

VIII Allowance and Assistances 49,621,335,000 2,544,684

IX SUB-TOTAL A (I+II+III+IV+V+VI+VII+VIII) 116,797,951,500 5,989,639

X Cost of Management (2% of I - VII) 2,335,959,030 119,793

XI Cost of RCS 240,000,000 12,308

XII Cost of External Monitoring & Evaluation (1% of I-VI) 1,167,979,515 59,896

VIII SUB-TOTAL B (X+XI+XII) 3,743,938,545 191,997

XIV Contingency 10% 12,054,189,005 618,164

Grand Total 132,596,079,050 6,799,799



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To ensure that all compensation is paid at replacement cost, the VEC will contract an

independent land price appraisers licensed by the Department of Finance to carry out

Replacement Cost Study (RCS) for all the affected assets based on the prevalent

market prices. The findings of the RCS will be submitted to the PPC for comparison

and revisions, where necessary to ensure that the final rates reflect market prices and

that all assets are compensated at the replacement cost.

In case of over-run of resettlement cost, VEC will ensure that adequate additional

funds are available in a timely manner.



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I. INTRODUCTION

I.1. The project

According to JETRO Study, one of major reasons of traffic accident on National

Highway 1A is considered as “Mixed Traffic.” That is mixing of industrial and living

transportation, mixing of Quang Nam short traffic, and mixing of bicycle, motorcycle

and vehicle. The proposed Da Nang - Quang Ngai Expressway is designed to receive

long trip traffic, which will contribute in reducing traffic accidents and congestion

Da Nang - Quang Ngai Expressway Project is expected to improve the road

transportation system with the scope of i) providing safe and secured transportation

for the high speed and heavy vehicles, and ii) strengthening of institution to manage

the expressway transportation system. Through realizing the scopes, the Expressway

is also aimed to achieve the following targets:

(a) Support Nationwide Socio-Economic Development: According to the

logistic survey conducted at the time of JETRO Study in 2007 (JETRO Study),

20% of passing vehicles in the central Vietnam was bound for Hanoi and Quang

Nam. In addition, more than 40% of passing vehicles between Da Nang and

Quang Ngai was long trip connecting to the North and the South of Vietnam.

The Expressway will be the pivot of traffic to connect these two regions.

(b) To Promote Socio-Economic Development of Central Vietnam: The

Expressway is considered to play the important role on transportation of

goods and passengers in the whole country in combination with National

Highway No.1A (NH1A). In addition, the Expressway is expected to contribute

for the international transportation of economic triangle (Lao PDR – Cambodia

– Vietnam) via East West Economic Corridor (EWEC) to ports in Central areas in

Vietnam.

(c) To Promote Improvement of Environment: Environmental condition

alongside NH1A is becoming worse due to heavy traffic volume. The

Expressway will contribute for improving environmental condition alongside

NH1A by receiving long trip traffic.

(d) To Promote Traffic Safety: The alignment of the Expressway passes through

two provinces (Quang Nam and Quang Ngai) and Da Nang city with 139.52km

in total length and tolled dual 2-lane facility (2-lane at each direction) at the

entire alignment. The general technical specification of the project is described

as in Table I.1 below.



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Table I.1: General technical specifications of the project

No. Item Unit Quantity of total

project

Quantity in Da

Nang Section

1 Road length Km

139.52 (Including 131.5

Km of Expressway and

8.02 Km of road

connecting to NH1A.

8 (From Km00 to

Km8)

2 Class of road

4 lane expressway

(Reservation for 6

lanes future

expansion).

4 lane expressway

(Reservation for 6

lanes future

expansion).

3 Travel speed 120 km/h 120 km/h

4 Width of road base M 26 26

5 Road surface Asphalt and concrete Asphalt and

concrete

6

Frequency of flood return period Super bridge： 1/100

Super bridge：

1/100

7

Land to be permanently acquired m2 9,605,859 506,014

8 House to be demolished m2 66,288 2,453

9

Bridge/

culvert

Major Bridge Set/m 04/2670 02/1,372

Minor waterway

Bridge Set/m 72/7,942 6,109 m

Overpass bridge Set/m 30/4,299

Viaduct Set/m 22/2,587

Culvert for waterway Set/m 254/13,198

10 Tunnel Set/m 01/540 0/540

11 Crossing Interchange Set 09 1

Culvert for road Set 106 68

12 facilities

Service zone Set 02 0

Parking yard Set 04 0

Traffic Management

Center Set 01 0

Expressway Operation

Offices Set 01 1

Throughway Toll

Barriers Set 02 1

Toll station Set 10 0

(Source: Relevance Specified in the Feasibility Study Report of Da Nang –Quang ngai Project

by TEDI, February 2010)



Page 10

I.2 Scope of the RAP

The Resettlement Plan summarizes the impacts due to the proposed expressway

traversing the municipality of Da Nang. Approximately 08 km length of the road

alignment crosses through one district namely Hoa Vang covering three communes of

Da Nang municipality. The list of district and communes traversed by the expressway

in Da Nang municipality is shown in Table I.2.

Table I.2: District and Communes covered by the Expressway

Number District Communes

1 Hoa Vang

Hoa Nhon

Hoa Phong

Hoa Tien

The right of way is 70 m wide. The impacts on land acquisition for this RAP are

surveyed based on the design of the route of feasibility studies and the cadastral

maps of affected communes. Any potential adverse impacts due to the associated

structures, service areas, approach road etc. are not foreseen at this stage as all the

proposed work will be carried out within the existing ROW. However, if any adverse

impacts are identified or any change in the design of associated structures, approach

roads etc. during the implementation phase, they will be addressed in accordance

with the policy provisions specified in the RAP and in compliance with the WB

OP4.12.

The impacts on land acquisition will be updated with detailed measurement survey

(DMS) after the detailed engineering design is made available and the demarcation of

the affected area is marked by the benchmarks on the ground by local authorities and

PMU 85. The route of the expressway is shown as Figure I-1 below.

I.2. Minimizing Land Acquisition and Resettlement Impacts

A lot of efforts have been made by technical and social teams as well as local

authorities to minimize impacts on land acquisition through different phases of the

project study. The consultation with relevant parties was also held, based on their

feedback, the alignment was adjusted to minimize negative impacts on environment

and land acquisition. As the result of alignment adjustment, number of households

have to be relocated is reduced significantly compared to the original alignment

proposed by TEDI in its Feasibility Study. The changes made to reduce impacts on



Page 11

land acquisition, especially to reduce the number of households that have to be

relocated, are summarized below:

The length of section in Da Nang city is relative short, about 8Km. The original

alignment was proposed by TEDI in its Feasibility Study (TEDI F/S 2005) with due

examination in order to reduce negative social impacts as well as to realize technical

feasibility. The JETRO Study and the WB Supplemental Study followed the alignment

proposed by TEDI in its F/S for the section of Da Nang City. From December 10, 2009,

the TEDI design consultant (DC) made adjustment to the alignment at sections:

Km0+000 to Km16+000 basing on the Announcement 422/TB-BGTVT signed on

September 23, 2009 and Announcement 594/TB-BGTVT signed on September 25,

2009 by MOT in order to reduce negative social impacts. As a result the major

modifications at the following section (from Km0+000 to Km8+000)1 were proposed

in order to reduce adverse environmental and social impacts.

Section from Km0 to Km8

From Km0+000 the alternative alignment slopes to the east of the Nippon Koei line to

avoid clearing the 500 KV poles at Km0+800.

From Km3+000 to Km 6+000, the route is nearly in parallel the Nippon Koei line and

in the distance of 100m from the Nippon Koei line to avoid removing of the 500kv

poles at Km 4+500.

Thus, the alignment has avoided two-500kV high voltage transmission lines

relocation.

1 Although the modification section is from Km0 to Km16, Section from Km8 – Km16 which belongs to Quang

Nam Province is specified in Quang Nam RAP.



Page 12

Figure I-1: The route of the project



Page 13

II. LEGAL FRAMEWORK

The relevant laws and regulations of the Government of Viet Nam define the legal

framework for compensation, resettlement and rehabilitation under the project and

the World Bank social safeguards policies. In case of discrepancies between the

National laws, regulations, and procedures and WB's policies and requirements, WB's

policies and requirements will prevail, consistent with Decree No. 131/2006/ND-CP

(which provides that in case of “discrepancy between any provision in an

international treaty on Official Development Assistance, to which the Socialist

Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the

international treaty on ODA shall take precedence” -Article 2, Item 5). The same

statement was mentioned in the Decree 197/2004/ND-CP on compensation and

resettlement when the Government takes over the land for the defense, security

purposes, benefits of nation and public works as well as for economic development.

Decree No. 17/2003/ND-CP, promulgating the regulation on the exercise of

democracy in communes, including requirements for consultation with and

participation of people in communes.

II.1. Relevant Vietnamese Legislation

The policies of GOV on compensation, resettlement and assistance have been

significantly improved from time to time, especially, 2003; National Assembly passed

the date of land law. Many Laws, Decrees, Circulars and amendments to Laws;

Decrees issued by the GOV to improve the policies on land acquisition, compensation

and assistance. The policies on land acquisition, compensation and assistance have

also significantly improved on the requirements of consultation, participation,

information dissemination, monitoring and evaluation. For the projects financed by

the International Banks, the GOV has also approved for the required waivers to meet

with the international standards on involuntary resettlement.

- Land Law 2003/QH11, providing Viet Nam with a comprehensive land

administration law.

- Decree No. 197/2004/ND-CP dated 3 December 2004, on compensation,

rehabilitation and resettlement in the event of land recovery by the State, as

amended by Decree No. 17/2006/ND-CP.

- Decree No. 17/2003/ND-CP, promulgating the regulation on the exercise of





Page 14

- Decrees No. 188/2004/ND-CP and 123/2007, specifying the methods for land

pricing and land price frameworks in the event of land recovery by the State.

- Decree No. 84/2007/ND-CP, dated May 25, 2007 supplementary stipulations

on issue of LURC, land acquisition, land use right implementation, procedure

of compensation, assistance in the event of land recovery by the state and

grievance redress.

- Circular 57/2010/TT-BTC, dated on 16 April 2010 of Ministry of Finance

regulating the establishment of cost estimation, use and finalization of

expenses for resettlement’s compensation and support in the case of land’s

recovery.

- Circular No. 114/2004/TT-BTC elaborates in detail the methods (direct

comparison and income methods) for determining land prices.

- Decree No. 17/2003/ND-CP, promulgating the regulation on the exercise of



- Decree No. 131/2006/ND-CP, on the management and use of Official

Development Assistance (ODA). Decree No. 131/2006/ND-CP provides that in

case of “gaps between any provision in an international treaty on Official

Development Assistance, to which the Socialist Republic of Viet Nam is a

signatory, and the Vietnamese Law, the provision in the international treaty on

ODA shall take precedence” (Article 2, Item 5).

- Decree 69/2009/ND-CP to amend for planning on land use, cost for land, land

recovery, compensation and resettlement. This Decree requires a lot of

assistance to the DP who affected by loss of productive land and are left with

unviable land holdings; especially households have to relocate and losing the

agricultural land.

- Circular 14/2009/TT-BTNMT dated 01 October 2009 guides on the details of

implementing about compensation, resettlement and resettlement assistance,

process of land acquisition, land allocation, leasing land.

- Decision 36/2009/QĐ-UB of Da Nang People’s Committee, dated on 24th

December 2009, on compensation and resettlement policies.



Page 15

II.2. Involuntary Resettlement Policy of the WB (PO 4.12- December 2001)

The objective of the policy on involuntary resettlement is:

(a) Involuntary resettlement should be avoided where feasible, or minimized,

exploring all viable alternative project designs.

(b) Where it is not feasible to avoid resettlement, resettlement activities should

be conceived and executed as sustainable development programs, providing

sufficient investment resources to enable the persons displaced by the project

to share in project benefits. Displaced persons should be meaningfully

consulted and should have opportunities to participate in planning and

implementing resettlement programs.

(c) Displaced persons should be assisted in their efforts to improve their

livelihoods and standards of living or at least to restore them, in real terms, to

pre-displacement levels or to levels prevailing prior to the beginning of project

implementation, whichever is higher.

II.3. Main gaps between Viet Nam policies and World Bank Policy on

involuntary resettlement

There are a number of ways in which the approaches of the Vietnam Government,

either in policy or practice are compatible with World Bank policy. The most

important compatibilities are:

1. On the issue of land tenure and the legal right to compensation, the

Government and World Bank approaches are compatible. Vietnam has a

process whereby people without legal land rights may meet conditions of

legalization and receive compensation for losses up to a rate equal to 100% of

land price minus the taxes and fee for land use right registration from 15

October 1993 (Article 42, 49 and 50 of 2003 Land Law).

2. All DPs, who satisfy residence conditions in accordance with the provisions of

the Decree 197, are provided with options that include relocation to an

improved site, or cash, or a combination of the two

3. Resettlement offer not only better improved infrastructure and social services

but represent a higher standard of living.

4. Allowances and livelihood support are provided to help the DPs in the

transition period and there is an institutional structure through which people

are informed, can negotiate compensation, and can appeal.



Page 16

5. Compensation at replacement cost is ensured in Article 6 of Decree

197/2004/ND-CP dated December 3rd, 2004 that “people who have land being

acquired shall be compensated with land of similar land use purpose. If there

is no land for compensation, cash compensation equal to land use rights value

at the time of land acquisition shall be applied. If there is any difference in

value, in case of compensation by new land or house, such difference shall be

settled in cash” and Article 19 in the same Decree states that “house and

structure of domestic use of household or individual shall be compensated

with the value of construction of new house, structures of similar technical

standard”.

With the promulgation of the 2003 Land Law and the adoption of Decrees No.

197/2004/ND-CP and No. 188/2004/ND-CP, Decree 84/2007/ND-CP, the policies and

practices of the Government have become more consistent with WB’s social

safeguards policies. However, there are several gaps in the provisions of the WB

policy with those of the Vietnamese regulations and local provincial practices. A

comparative analysis between the WB policy and Vietnam’s national and provincial

policies together with the policy provisions adapted for the project is provided in

Annex A. The main gaps between national policy and provincial policies and OP 4.12

on involuntary resettlement of the World Bank are as follows.

According to the Decree 197 and Decree 69, the ‘significance’ of impact is

triggered by a loss of 30 percent or more of agricultural land while in OP 4.12

the trigger is at a loss of 20 percent or more of productive land or assets. In

the project however a thresho all households losing their productive land,

irrespective of the degree of loss, would be provided income rehabilitation

assistance.

Decree 197 recognizes non-legal users or users without papers or documents

only if they have been using the land to be affected by a project in a stable

manner prior to 15th October 1993. However, in accordance with the

provisions of the WB policy, all the affected users as of the cut-off-date would

be entitled to compensation for their affected assets and appropriate

relocation assistance.

Land Law and Decree 197 provide for deductions from both land and assets

compensation in a number of circumstances. In the project, all compensation

would be at replacement cost and without any depreciation or deduction for

salvaged material

In accordance with the Vietnamese regulations, houses and structures will not

be compensated if they have been constructed without permission,



Page 17

constructed in contravention of a land use plan, or if they have encroached

upon a demarcated safety protection corridor. In the project all affected

structures would be paid at 100% of their replacement cost.

Vietnamese regulations provide for compensation at 80% for house and

structures if they have been built on land that is ineligible for compensation. In

the project all affected structures would be paid at 100% of their replacement

cost.

Decree 197 recognizes businesses or economic entities as DPs only if they hold

a business certificate (i.e. excludes non-registered businesses). In the project

all affected businesses, registered as well as unregistered would be entitled to

compensation for losses and other applicable assistance.

Decree 197 recognizes DPs losing employment and provide for economic

support only if they have employment contract and are employed by a

business or economic entity holding a business certificate. In the project

however, the DPs losing sources of livelihood due to the adverse impacts on

business establishments would be provided some assistance for a limited

period and assistance in finding alternative employment even if they do not

hold employment contract or if the businesses are not registered.

Under Decree 197 and Decree 69, assistance for occupational change and job

creation is only provided to DPs engaged directly in agricultural production

and in cases where more than 30% of their agricultural land is affected.

However, in the project all DPs affected by loss of productive land, irrespective

of degree of impact will be entitled to additional assistance and employment

and income rehabilitation measures.

In the project, a Replacement Cost Study (RCS) would be carried out by a

professional appraiser to determine prevalent market rates and to validate

compensation rates established by provinces. The final compensation rates

would take into consideration the findings of the RCS and consultation with

the DPs to ensure that all compensation is paid at replacement cost.

Vietnamese regulations do not fully cover the scope fo the vulnerable groups

as defined under the OP4.12 on Involuntary Resettlement of the World Bank.

However, the project provides for additional assistance to the households that

fall within the definition of the vulnerable groups (poor households who fall

below the poverty line, the landless, the elderly, women headed households,

disable persons).



Page 18

Despite the key gaps, summarized above, the provisions and principles adopted in

the project will supersede the provisions of relevant decrees currently in force in Viet

Nam consistent with Decree No. 131/2006/ND-CP on ODA management. With the

approval of this RAP, the gaps analyzed above and the measures to address these

gaps are also approved by the competent authorities of GOV.



Page 19

III. ENTITLEMENT POLICY

III.1. Objectives

The overall objectives of this resettlement policy are (i) to avoid, or if not, minimize

resettlement impacts; (ii) if land acquisition impacts are unavoidable, RAP is prepared

in a way to ensure that displaced persons will not be worse off; rather, they should

be able to at least maintain or otherwise improve their pre-project living standards

and income-earning capacity. The Project will also provide an opportunity for the

local population to derive benefits from it. Likewise, the Project should serve as an

occasion for the local population to participate in its planning and implementation,

thereby engendering a sense of ownership over this development undertaking.

III.2. Eligibility to compensation and relocation assistance

Cut-off Date: The cut-off date of the project coincides with the date of

commencement of the DMS that will be carried out by project authorities following

approval of the RAP by the Government of Vietnam and includes census and

inventory of losses (IOL). The cut-off date will be formally declared by the relevant

authorities to stakeholders. Persons who occupy the project site after the cut-off

date will not ben eligible for compensation and relocation assistance.

Eligibility: Persons who occupy the project site after the cut-off date will not be

eligible for compensation and relocation assistance. DPs eligible for compensation

and rehabilitation will include: (a) those who have formal legal rights to land or other

assets; (b) those who initially do not have formal legal rights to land or other assets

but have a claim to legal rights based upon the laws of the country; upon the

possession of documents such as land tax receipts and residence certificates; or upon

permission of local authorities to occupy or use the project affected plots; and (c)

those who have no recognizable legal right or claim to the land they are occupying.

Persons covered under (a) and (b) are provided compensation at full replacement

costs for the land they lose, payment for non-land assets they own and necessary

assistance in cash or in-kind. Persons covered under (c) are provided compensation at

full replacement cost for non-land assets they own and resettlement assistance in

lieu of compensation for the land they occupy, and other assistance, as necessary, to

achieve the objectives set out in this policy provided that they occupy the project

area prior to the cut-off date of the project.

Persons who occupy the project area after the cut-off date will not be eligible to any

compensation or assistance.



Page 20

III.3. Compensation Principle and Entitlement

Compensation policy and entitlements proposed in the project, and as specified in

the following sections, take into consideration the Vietnamese national and

provincial regulations and provisions of the WB’s OP 4.12. The overall objective is to

ensure that the DPs are able to improve or at least restore their livelihood to pre-

project level. Vulnerable households are provided additional assistance to meet the

above stated objectives.

III.3.1. Principles of Replacement Cost

All compensation will be based on the principle of replacement cost in cash or in kind.

In case of cash compensation, replacement cost is the amount calculated before

displacement, which is needed to replace an affected asset without deduction for

taxes and/or costs of transaction as follows:

(a) Productive Land (agricultural, aquaculture, garden and forest) based on

actual current market prices that reflect recent land sales in the area, and

in the absence of such recent sales, based on recent sales in comparable

locations with comparable attributes, fees and taxes for LURC or in the

absence of such sales, based on productive value;

(b) Residential land based on actual current market prices that reflect recent

land sales, and in the absence of such recent land sales, based on prices of

recent sales in comparable locations with comparable attributes; fees and

taxes for LURC;

(c) Houses and other related structures based on actual current market prices

of materials and labor without depreciation or deduction for salvaged

building materials and fees;

(d) Annual crops equivalent to current market value of crops at the time of

compensation;

(e) For perennial crops, cash compensation at replacement cost is equivalent

to current market value given the type, age and productive value (future

production) at the time of compensation;

(f) For timber trees, cash compensation at replacement cost is equivalent to

current market value for each type, age and relevant productive value at

the time of compensation based on the diameter at breast height of each

tree.



Page 21

In case of in kind compensation, the principles will be as follows:

(a) Replacement residential land will be of the locational advantage and

physical attributes similar to the land lost with equivalent or better access

to physical infrastructure and social services.

(b) Replacement productive land will be of equivalent productive potential and

locational advantage similar to the land lost, with improved or better

condition for cultivation compared to that at the time of handing over to

the project.

(c) Building and other substructures will be at the replacement conditions.

(d) Either grant with LURC and ownership of building without any taxes fees or

if not, taxes and fees for LURC and ownership of building must be included

in the package of compensation to DPs.

III.3.2. Compensation policy for agricultural land

The DPs will be entitled to the following types of compensation and rehabilitation

measures: The general mechanism for compensation of lost agricultural land will be

through provision of "land for land" arrangements of equal productive capacity, at

location satisfactory to the DP. If land compensation size is smaller or lower quality,

DPs will be entitled to compensation on cash equivalent for the differences. However,

if land is not available or at the informed request of the DP prefers to receive cash

compensation for the lost land will be given as follow:

(a) Legal and legalizable land users:

(i) if the portion of the land to be lost represents 20% or less of the total

area of the landholding by DP, and the remaining plot of land is still

economically viable, cash compensation for the lost area at full

replacement cost. The DPs will also be entitled to income rehabilitation

assistance as described in item (iii) below.

(ii) if less than 20% of productive land affected rendering the remaining

land unviable for continued use, the project, at the request of the DP,

will acquire entire land holding and the DP will be entitled to assistance

and support similar to that in item (iii) below.

(iii) if more than 20% of a household’s agricultural land is acquired, then

in addition to cash compensation at full replacement cost for the lost

area (or for the entire affected plot if the remaining area of the plot is

not economically viable), or replacement land of equivalent



Page 22

productivity, the Project will provide rehabilitation allowances for

training/retraining and intensifying of the existing occupation or shifting

to new ones, combining with technical assistance such as agricultural

extension, credit etc.

The DP whose agricultural land is acquired will be compensated by cash

equivalent to 100% of the replacement cost. If the remaining land is not

economically viable, as requested by DP, the entire area will be

acquired. In addition to a cash compensation, the DPs will also be

entitled to income rehabilitation assistance. The forms of assistance

support would be decided through close consultation with the entitled

DPs to ensure appropriate and effective measures assisting the DPs to

restore their income generating capacity and income levels.

(b) Users with temporary/ leased rights to use land:

(i) The DPs will be refunded the lease payment they have made for the

affected portion of the land corresponding to the remaining lease

period. Additionally, the DPs will be compensated for any investment

they have made on the affected land or 30% of the replacement cost of

the affected land, whichever is higher.

(ii) if the remaning land is rendered unviable, at the request of the DP,

the project will take back entire land and provide the DP with suitable

replacement land at location acceptable to DP. If suitable replacement

land is not available, at the request of the DP, the project will refund

the payment made by the DPs corresponding to the remaining lease

period. Additionally, the project will compensate DP for the investment

made on the affected land or 30% of the replacement cost, whichever is

higher.

(c ) Land Users without recognized Rights to Use Land

(i) In lieu of compensation for land, the DPs will receive assistance

corresponding to 50% of land replacement cost.

(ii) For poor and vulnerable, household and DPs lóing their productive

land, including landless, as priority, allocation of arable land equal to

per capita arable land in commune as regulated by Decree 64/1993/CP,

OR, if there no land available for allocation or, at the informed request

by the DPs, in addition to above, a rehabilitation/training assistance will

be provided to ensure the DPs are able at least to restore or improve

their income levels and living standards.



Page 23

In case when the affected persons utilizes the public land (in Right of Way), that

subjects to be recovered under the project, with conditions to return, on request, the

land to the Government, they (DPs) will not be compensated for this public land, but

will be compensated for crops and trees at full market prices.

III.3.3. Compensation for Residential Land

(a) DPs losing residential land without structures: Compensation for loss of land

in cash at replacement cost

(b) DPs losing residential land with structures built thereon and the remaining

land is sufficient (not less than 40 m2 in the urban area and not less 100 m2 in

the rural area) to rebuild their house on (reorganizing DP), the DPs will be

compensated for a part of loss of land in cash at the replacement cost and

compensation for fully affected structures at full replacement cost. If

house/structure is partially affected, repairing cost to restore it to former or

better conditions.

(c) DPs losing residential land with structures built thereon and without

remaining land sufficient (less than 40 m2 in the urban rural area and less 100

m2 in the rural area) to rebuild on (relocating DP) are entitled to:

For the DPs, who have legal or legalizable rights to the affected land, can opt

to one of the followings:

(i) The provision of replacement residential land (plot at the relocation site)

of equivalent size, at a similar location and with land title without any

cost. The relocation site will be developed with basic infrastructure,

including access road, access to electricity, to water supply, drainage,

which at least are equal to conditions existed at the former location; or

(ii) Cash compensation for entire residential land at full replacement cost

and additional assistance for self-relocation equivalent to the unit cot of

physical infrastructure invest per plot at the relocation site.

For the DPs, who do not have legal or legalizable rights to the affected residential

land, are entitled to the assistance amount equal to 30% of replacement cost.

For poor or vulnerable DPs who have no other residential land in the same as their

affected ward/commune, the project will provide either a residential plot of minimum

size at a common RSs or on a individual residential plot, with titled to the land (plot of

40 m2 in urban area and 100m2 in rural area); or on request of the DPs, cash assistance



Page 24

equivalent to 60% of the land replacement cost for them to rearrange relocation by

themselves.

III.3.4. Compensation houses/other structures

DPs losing houses and/or other structures will be entitled to the following:

(i) For fully affected house (including house whose whole area is affected

or partly affected but non-affected part could not be used either

because of technical issue or because of inconvenient to use):

Compensation in cash for entire affected structures will be provided at

100% of the full replacement cost for materials and labor, regardless of

whether or not they have title to the affected land or permit to build

the affected structure. The amount will be sufficient to rebuild a

structure the same as the former one at current market prices. No

deductions will be made for depreciation or salvageable materials.

(ii) If house/structure is partially affected and the remaining structure is

viable for continued use, the project will provide a house/structure

repairing cost, in addition to the compensation, to enable DPs to

restore it to former or better conditions.

(iii) Compensation for other structures/fixed assets will be at full

replacement cost and will be in cash.

(iv) Tenants, who have leased a house for residential purposes will be

provided an assistance equal to the remainder of rental contract value,

but not exceeding rental value for three months, Or a relocation

allowance of 0.3 million/person/month for a duration of 06 months,

whichever is higher; and transportation allowance for moving assets, as

well as assistance in identifying alternative accommodation.

III.3.5. Compensation for Graves/Tombs

The level of compensation for the removal of graves/ Tombs will be for all costs of

excavation, relocation, reburial and other related costs (to meet with some

traditional custom). Compensation in cash will be paid to each affected family or to

the affected groups. The level of compensation will be decided in consultation with the

affected families/communities.



Page 25

III.3.6. Compensation for loss of Standing Crops and Trees

For annual and perennial standing crops, regardless of the legal status of the land,

compensation will be paid to households who cultivate the land, according to the full

market value of the affected crops and at replacement cost for affected perennial

trees (wooden and fruit trees).

III.3.7. Compensation for Loss of Income and/or Business/Productive Assets

For DPs losing income and/or business/productive assets as a result of land acquisition,

the mechanism for compensating will be:

A. Allowance for Business Loss: All affected businesses and production households whose income is affected will be compensated or supported for losses in business equivalent to 50% of their actual annual income i.e. equivalent to 6 months of average net income: (i) For licensed businesses the compensation will be based on their average yearly income declared with the taxation agency over the previous three years, and (ii) For unregistered affected businesses the compensation will be based on the income data collected at the the time of DMS but the compensation will not be less than 3.0 mil.VND/month.

B. Employees who are affected by acquisition of residential/commercial land acquisition, public land or land of enterprises: Allowance equivalent to the minimum salary as per the provincial regulations to affected employees during the transition period for a maximum of 6 months and will be assisted in finding alternative employment.

C. If the business has to be relocated, the project will provide alternative site with locational advantage and physical attributes similar to the land lost with easy access to customers base, satisfactory to the DP, OR compensation in cash for the affected land at replacement cost, plus transportation allowance to remove movable attached assets.

III.3.8. Compensation for temporary impact during construction

For temporary loss of land and properties, particularly during the implementation

phase, DPs are entitled to follows:

(a) For arable land: Compensation for the affected harvests of crops/trees at

full market prices. Restoration of land to its previous or better conditions by

providing measures to improve land quality in cases of land being adversely

affected or acidified, and if the duration of project's use the land exceed more



Page 26

than two years, then the DPs have option to: (i) Continue using land, OR, (ii)

Give it to the Project and be compensated as permanent loss

(b) For residential land: Compensation for all affected movable properties at

full replacement cost. Restoration of land to its previous or better quality

before handing land over the owner.

(c) For temporary impact on business: Compensation for temporary loss of

income, equivalent an average monthly net income. Compensation for all

affected movable properties at full replacement cost and restoration of land to

its previous or better quality.

(d) For damages caused by contractors to private or public structures: Under

their contract specifications, the contractors will be required to take extreme

care to avoid damaging property and businesses during their construction

activities. Where damages do occur, the contractor will be required to pay

compensation immediately to affected families, groups, communities, or

government agencies following the compensation policy specified in the RAP.

In addition, damaged property will be restored immediately to its former

condition.

The above-mentioned policy also applies to those affected by development of

individual resettlement or group resettlement sites, graves and borrow pits ect.

III.3.9 Compensation for Loss of Community Assets

In cases where community infrastructure such as schools, bridges, factories, water

sources, roads, sewage systems is damaged, the project will ensure that these would

be restored or repaired as the case maybe, at no cost to the community.

III.3.10. Allowances and Rehabilitation Assistance during Transition Period

The DPs will be eligible to the following entitlements based on the different impacted

categories:

A. For impacts on Residential Land:

a. Relocation Allowance: (i) in-district relocation: 2 mil; (ii) out-district

relocation: 3 mil and out-province relocation: 7 mil and (iii) subhouse

relocation: 50% of above provision. (iv) rebuilt on the remaining land:

1.5 mil; (v) affected tenant will receive relocation allowance of : 0.3 mil

per person per month, for a duration of 06 months.



Page 27

b. House Renting: Relocated DPs whose houses are demolished will be

assisted in renting temporary houses in resettlement sites. If the house

is not available, DPs shall be assisted in cash at VND 1,200,000 per

household/month. The supporting time for the house renting is

calculated from the date of land hand-over till the actual time that DPs

are provided with resettlement houses based on the notices of the

authority who allocates the house and land, plus to 6 month allowance

for renting house during building their new house.

In case, the above mentioned support is not enough (not affordable),

DPs will be also got difference (with actual house renting contract value).

c. Assistance for Relocation: Household whose compensation payment for

residential land, house is (i) smaller than VND 200 mil, will be retained,

for house building, land fee in resettlement site will be debted; (ii)

higher than VND 200 mil, will be retained at least 200 mil, the rest will

be paid for land fee in resettlement site, if it is not enough, the

remaining fee will be indebted. Eligible relocated households who

relocated themsheves, will be provided one-time payment at cash that

with value equivalent to landplot at resettlement site, at 50-100 mil,

B. For impacts on Agricultural Land:

a. Allowance for Living/production Stabilization: households who lose 20%

or more of their agricultural lands affected by the project will be

compensated with one time payment at cash equivalent to 30 kg of

rice/person/month at local market price (about 300,000 VND), including:

(a) : Affected households losing 20% to 70% of their agricultural land will

be assisted for living stabilization for 6 months if the remaning land is

vible for continued use, and for 12 months in case the remaning land is

rendered unviable and entire land is acquired by the project; (b)

Affected households with more than 70% of their agricultural land

acquired will be assisted for living stabilization for 12 months if the

remaining land is viable for continued use, and for 24 months in case the

remaining land is rendered unviable and entire land is acquired by the

project; (c) households affected by loss of <20% of land and the

remaining land is rendered unviable for continued use, the DPs will be

assisted with living stabilization support for 12 months; and if the

remaining land is viable for continued use the DPs will be assisted with

one time payment at cash equivalent to 30 kg of rice/person/month

multiplied with percentage of productive land acquired to total land

holding, for duration of 04 months.



Page 28

b. Households affected by loss of agricultural land where the remaining

land is rendered unviable for continued use (<300 M2) would be

provided with a minimum size plot of 100 m2 at the resettlement site.

c. Assistance for agricultural land in the residential area, garden land, pond

land adjacent to residential land but are not recognized as residential

land: Additional assistance (equivalent to 50% of the cost of

compensation for the adjacent residential plot) for garden land and

pond land; and (at 40% of the cost of compensation for the adjacent

residential plot) for agricultural land.

d. In case of land-for-land compensation, DP will be assisted with seedlings,

agricultural-forestry extension programs, husbandry etc (Item 4 of

Article 20 of Decree 69/2009).

e. Every DP affected by loss of productive land, irrespective of the degree

of impact, will be provided with additional assistance equivalent to 1.5

times the compensation amount they receive.

f. For households, who are not entitled to their affected agriculture land

but are supported for their agricultural land, the support levels of

occupation change are applied respectively for land by 50% or 60% of

the above stated support levels.

g. Support for vocational training and job creation: At least one member of

households affected by loss of productive land will be entitled to

vocational training in the province. The DPs participating in such training

programs will be exempted from payment of tuition fees. Trainees will

be paid a lump-sum allowance of VND 200,000/month to cover the

lodging and boarding expenses during the training period. After finishing

training courses, they will be given priorities to be recruited in local

manufacturing industries. 30% of training facilities would be reserved for

women.

C. Other Allowances/Assistance:

- Incentive Bonus: Organizations, households, who well execute the policy of

self-dismantling and transferring land for the Project on planned schedule,

will be awarded: (i) 5% of the asset compensation value (houses,

structures, trees) for organizations, households whose compensation value

is less than VND 50,000,000; (ii) 8% of the asset compensation value

(houses, structures, trees) for organizations, households whose

compensation value is more than VND 50,000,000 but not exceeding VND



Page 29

80,000,000, and (iii) The bonus level equals 50% of the general regulation

but not exceeds VND 2,500,000 for affected, tents, small shops, gardens.

- Repair Allowance: If house/structure is partially affected and the remaining

structure is viable for continued use, the project will provide a repair

allowance equivalent of 20% of compensation for the affected part of the

structure to enable DPs to restore it to former or better conditions.

- Every relocating DPs will be provided with a lump-sum one time amount of

3,500,000 VND to cover the cost of domestic water, power and telephone

connections at the new site.

- Transport Allowance for all relocating households, independent business

and commercial establishments: VND 3,000,000/ DP or equivalent to the

actual cost of relocation expenses (labor, transport) if relocating within the

Province/City and VND 5,000,000/DP or equivalent to the actual cost of

relocation expenses (labor, transport) opting to transfer to another

province.

III.3.11. Allowances / Assistance Targeted to Vulnerable Households

Specific assistance to vulnerable groups would be as follows:

(1) For landless households, assistance through provision of land-for-land with

secure tenure at no cost to landless households. The size of land will not be

less than 40 m2 in urban area and 100m2 in rural area, or cash equivalent

to the cost of minimum size of the plot at RS, if DPs prefer for self-

relocation.

(2) Social Policy: (i) Households including social policy heroic mothers, ware

veterans, wounded or dead soldiers families: 1-5 mil/HH: (ii) Poor

Household: 2 mil/HH (to be certified by local authority)

(3) Other vulnerable groups (female headed household, household with

disable person, elderly without any source of support) will get the same

support (1.0-5.0 mil. VND/household) given to poor households in

accordance with the provincial policy.



Page 30

IV. SOCIOECONOMIC CONDITIONS

IV.1. General socioeconomic conditions of the affected area

Da Nang lies between latitudes 15055’ and 16014’N, and longitudes 107018’ and

108020’E. It is in the central of Vietnam, 759km from Ha Noi and 960km from Ho Chi

Minh City. Conveniently, it lies on the north-south communications axis of land route

(National Highway 1A), rail, sea, and air routes. Da Nang borders Thua Thien-Hue

Province to the north, Quang Nam Province to the south and the west, and the

Eastern Sea to the east.

The total area and population of Da Nang are 1,283.4 km2 and 0.8 million

respectively. Da Nang is one of the national economic, cultural, scientific and

technological centers, especially of the central region and the Western Highlands.

During the past years, it has had continuous and stable economic growth in line with

progress in social life, advanced infrastructure and better urban planning. GDP grew

at an average rate of 12.47% in the period 2001-2006 and at 11.04% in 2008. The

economy has been restructured positively, with the industrial and construction sector

making up 47.59%, the service sector 49.4% and the agro-forestry and fishery sector

3.01%.

IV.2. Survey on the socioeconomic conditions of the project affected

households

The IOL and socioeconomic survey was originally conducted during December 2008-

March 2009. However, following changes in the alignment by TEDI (December 2009)

additional survey was carried out during January 2010 based on TEDI adjusted

alignment. The data on the socioeconomic conditions of the project affected

households covered a total of 114 households. The selection of households for

socioeconomic survey was based on the results of Inventory of loss (IOL), and

households affected severally by loss of agricultural land and businesses. The

socioeconomic household survey accounted for 27 % of the 424 affected households

in the Da Nang City. Formal and informal meetings and group discussions with local

authorities and other stakeholders including local NGOs was also carried out during

the socioeconomic survey.

At the time of survey and information gathering as mentioned above, only the F/S

was available. Precise affected area has not yet identified and marked on the ground.

Hence, the socioeconomic characteristics of the communities and potential DPs

presented below will necessarily be updated after the final detailed designs are

completed and the bench marks demarcating for the project boundaries are put on



Page 31

the ground and officially declared to local authorities and local people. The results of

survey from a sample of the project affected households are as follows.

IV.2.1. Demographic Characteristics of DPs

According to the results of census and IOL for 114 affected HHs (461 persons)

who are located in the project affected areas, all respondents are Kinh people.

The socioeconomic survey also did not indicate presence of any ethnic minorities in

the Da Nang section.

The average HH size is 4 persons for the whole section. The average age of the total

surveyed population is 35 years old with the average proportion of males is 48.3 %

and females is 51.7 %. The detailed Demographic Characteristics of DPs by

communes are presented in Annex B.

Table IV.1: Demographic Characteristics of DPs (Da Nang Section)

District

Total affected

HHs surveyed

with census and

IOL

Affected Persons Household Size ( %) Gender Ratio

Population

Average household

size person/HH

Less than 4

persons/ HH

From 5-8 persons/

HH

More than 8

persons/ HH

Male (%)

Female (%)

Hoa Vang 114 461 4.0 75.6 23.7 0.7 48.3 51.7

Total 114 461 4.0 75.6 23.7 0.7 48.3 51.7

Table IV.2: Age structure of surveyed population

District

Total

affected

HHs

surveyed

Population

Average

age of

surveyed

population

Percentage of age group ( %)

Less 5

years old

From 5

to 18

years old

From 18

to 35

years old

From

36 to

55

years

old

Over

55

years

old

Hoa Vang 114 461 35.3 8.5 15.6 33.5 26.6 15.8

Total 114 461 35.3 8.5 15.6 33.5 26.6 15.8



Page 32

IV.2.2. Educational status

The illiteracy rate among survey HHs is 4.7 %. About 37 .3 % of the total surveyed

population has attained basic secondary education level while 32.0 % of the total

surveyed population has attained at least primary education level. The survey found

encouraging percentage of the surveyed population (about 18.8%) achieving high

school level and just very small portion (7.2%) got college or university degree.

As for the HHs’ Head, the illiteracy rate is quite low, just 4.3 %. 39.3 % of the

surveyed HHs Heads has reached primary education. More than 34.9% has got basic

secondary education. The details of educational status of analysis on the heads of

households and surveyed affected persons are described as in Table IV.3 and Table

IV.4 below. The details of educational status by communes are shown in Annex B.

Table IV.3: Educational status of the heads of householders

District

Total Surveyed HH Heads

Education Level of DP Households Heads

Illiterate (%)

Primary Education

(%)

Basic Secondary Education

(%)

High School Education

(%)

College and University

(%)

Hoa Vang 114 4.3 39.3 34.9 18.6 3.0

Total 114 4.3 39.3 34.9 18.6 3.0

Table IV.4: Education Level of Surveyed DPs

District

Total surveyed

population

Education Level of DP Population

Illiterate

(%)

Primary Education

(%)

Basic Secondary Education

(%)

Higher Secondary Education

(%)

College and

University (%)

Hoa Vang 461 4.7 32.0 37.3 18.8 7.2

Total 461 4.7 32.0 37.3 18.8 7.2

IV.2.3. Occupation and Employment

The main employment sectors in the project areas include agriculture, business,

industry, government services, professional, self-employed, which is shown in the

table below. Among them, the agricultural section is the dominant one, which

accounts for 55.3% of the employed population. There is no statistic figure for

unemployment because except for specific works such as workers, government



Page 33

staffs, etc. people in these areas are listed in agriculture section. The employment

details are presented in the Annex A.

Table IV.5:Types of employment

District Survey

population

Agricul-ture (%)

Business (%)

Workers in

industry (%)

Gov service

(%)

Profess-ional (%)

self-employed

(%)

Other (%)

Hoa Vang 279 55.3 9.7 11.5 3.9 7.0 8.5 4.0

Total 279 55.3 9.7 11.5 3.9 7.0 8.5 4.0

Note: Survey populations are at the age of 18 to 55 of the surveyed 114 households.

IV.2.4. Household Incomes

More than 55.3 % of the surveyed DPs are engaged in the agricultural sector. From

these, it is identified that the primary income of the DPs comes from agricultural

activities.

The average monthly income of the surveyed HH in affected districts is about VND

867,000 per capita per month. The monthly income per capita by communes is

presented in Annex B.

IV.2.5. Households below Poverty level

The poverty line for residents of the Project Area for the period 2006-2010 was set at

200,000VND per person per month on rural area and 260,000VND per person per

month on urban area2. However, since the project predominantly covers rural areas,

the criteria applied to assess the poverty line is rural one, which is 200,000 VND per

person per month is for poor household.

About 77.5% of households have their average monthly incomes per capita over VND

200,000 per month. Findings from the survey show that a considerable high

proportion (29.8%) of monthly income per capita is less than VND 200,000 and would

need additional assistance to meet the project objectives. The details of Number of

poverty household in each commune are described in the Annex B.

2 Source: Decision No 170/2005/QĐ-TTg



Page 34

Table IV.6: Number of poverty household base on MOLISA poverty line

Communes Total

Surveyed HHs

Income Capita Less

than VND 200,000

Income Capita From

VND 200.000 to 500,000

Income Capita More

than VND 500,000

HHs % HHs % HHs %

Hoa Vang 114 34 29.8 60 52.6 20 17.5

Total 114 34 29.8 60 52.6 20 17.5

IV.2.6. Access to public facilities

Health

In the affected districts, the most common health problems are flu, food poisoning,

diarrhea, and traffic accident consequences. HIV/AIDS is a concern although the

reported numbers of affected persons are very limited at present. There is a high

under-nutrition among children below five years old and comparatively low uptake of

contraceptive methods for family planning.

Public health centers are presented in each commune, and there is a hospital in each

district. However, facilities are poor in the main project area and there is a lack of

nurses as well as medicine.

It was learned that there is just about 32 % of the HHs experience with periodic

health check. There is only 22.4% of survey population who work as professional,

workers and government officer have health insurance.

Table IV.7: Percentage of HHs experience with periodic health check in affected

area

Districts Total Surveyed HHs Periodic health care

check (%) No Periodic health care

check (%)

Hoa Vang 114 31.7 68.3

Total 114 31.7 68.3

Education

All communes have kindergartens and a school with primary and lower secondary

levels. However school facilities are poor and many villages are far away from a

school. Many adults have only completed 6 year, or 4 year or only 1 year of primary

education. Difficult economic conditions lead to high numbers of children dropping

out of school. The lack of high school and of opportunities for non-agricultural

employment leads to low motivation for study among the young. The details of the

number of HH accessing to public facilities are shown in the annex A.



Page 35

IV.2.7. Access to utilities and services

Water supply

About 15.1% of surveyed HHs is connected to safe water system and 84.9% of HHs

have to use drinking water derived from wells. Among 84.9% above, only a few of

households have filter and treatment system for drinking water. Water is in short

supply during the dry season, dirty during the rainy season. Poor water supply may be

one of the reasons that there is a high incidence of water borne diseases in the area.

Electricity

Hundred percent (100%) of the affected communes are connected to the national

power grid with private meter. However, the electricity usually interrupted in dry

season.

Sanitation

Some 13 % of the DPs have latrine with semi-septic tank and 85 % use latrine with

septic tank; the remaining 3 percent of the population are without toilet facilities.

The details by communes are shown in Annex B.

Table IV.8: Percentage of HHs has toilet facilities and connects to running water

Districts

Total Surveyed

HHs

Latrine with septic tank

(%)

Latrine with semi septic

tank (%)

Latrine over pond or river (%)

Running water

(%) Wells

(%)

Hoa Vang 114 84.7 12.5 2.8 15.1 84.9

Total 114 84.7 12.5 2.8 15.1 84.9

IV.2.8. Ownership of Consumer Goods

Most of the population has access to telecommunication systems, for instance, more than 89% of the HHs has TV, and about 64 % of the HHs has telephones.

Table IV.9: Consumer Goods of the surveyed households

Districts Surveyed

HH

HH with telephone

(%)

HH with motorbike

(%)

HH with TV

(%)

HH with Video Player

(%)

HH with washing machine

(%)

Hoa Vang 114 64.0 61.7 89.0 38.0 10.7

Total 114 64.0 61.7 89.0 38.0 10.7



Page 36

V. RESETTLEMENT IMPACTS

There are a total of 424 households in 03 communes of 01 district of Da Nang City

who will be impacted by land acquisition for the project. Of these:

- 62 Households will be impacted by the loss of residential land either partially

or fully with the total affected area is 38,498 m2

- 395 Households will be impacted due to the loss of agricultural land with the

total area of 370,374 m2.

- 88,067 m2 other land (public land) will be impacted

- About 9,075 m2 of forestry land (Production forestland) will be impacted.

- 59 Households will be impacted on either partially or fully by the loss of

houses with the total affected area of houses being 2,453 m2.

- There are 85 HHs will be receive land plot in resettlement site , of which

relocated HHs due to loss of residential land (both with and without structure)

include 25 HHs, including 25 households affected by loss of business, by loss

of agriculture land (60 HHs).

The number of households affected due to the acquisition of different categories of

land in each district is shown in Table V.1 below. Details of land acquisition impacts

on the households by communes are shown in Annex C.

Table V.1: Number of HHs and heads affected by land acquisition

District Number of affected HHs Number of affected people

Hoa Vang 424 1,738

Total 424 1,738

A. Impact on types of land

Impacts on the different types of land by districts are shown in Table V.2 below and by communes are presented in Annex C.



Page 37

Table V.2: Number of affected area of different land types

District Loss of

residential land (m2)

Loss of agricultural land

(m2)

Loss of production

forestry land (m2)

Loss of other types of

land3(m2)

Total (m2)

Hoa Vang 38,498 370,374 9,075 88,067 506,014

Total 38,498 370,374 9,075 88,067 506,014

Residential land, agriculture land, production forestry land and other land are the

main types of land that are lost by the project. Among them, agriculture land lost the

highest area compared to others, which is 370,374 m2. There is large area of affected

Forestry land and other land used either by the people or public sector agencies.

Expressway construction activities under the Project will therefore significantly affect

these types of land 9,075 m2 and 67,716 m2 respectively. The area of Residential

land, which is affected by the project, is 38,498 m2. Each types of affected land is

discussed detail in the following sections.

1. Loss of Agricultural Land

The number of households losing agricultural land and the remaining land is not

economically viable (fully affected or the remaining areas are less than 300 m2) are

shown as in Error! Reference source not found. below.

Most of the HHs in the project area has the average amount of 2,000 m2 of

agricultural land. As can be seen in the Error! Reference source not found. below,

395 HHs are affected through loss of agricultural land, of which 352 HHs lose more

than 20% of their land holding and 60 HHs lose more than 70% of their total

agriculture land holding. These 60 HHs are considered as those who are affected by

full loss of their land, thus, relocation option would be required and the project has

to acquire and compensate for a whole plot.

Besides that, for those losing more than 20% of the land, the project has to find the

income sources to evaluate the dependant rate on agricultural income in order to

have a suitable compensatory plan.

3 Other land or Public land is the land that being used for other purposes, not for agriculture, forestry and living.

It includes vacant land along roads, water surface; cultural and historical relics land; land used by Security and

national defense offices; and other specially used land such as land for industrial waste



Page 38

There are 317 households have red book, 42 households have not received with red

book, but are legalizable and are titled to receive red book and 36 households will not

be eligible to have red book. These households are part of annual voluntary migration

from other places to the project site, which is endowed with very fertile land and

moderate climate. However, these HH are not considered as permanent residents of

the area and therefore they are not eligible to have red book.

Table V.3. Degree of Impacts on agricultural land

District Loss of

agricultural land (m2)

Number of HH affected by loss of Agricultural

land

Number of HH affected <20%

of the total agricultural land holding

Number of HH affected from 20% to 70% of

the total agricultural land holding

Number of HH affected more

than 70% of the total

agricultural land holding

Hoa Vang 370,374 395 43 292 60

Total 370,374 395 43 292 60

Table V.4. Legal status on land use right

District HH affected by

loss of residential land

Legal status on land use right

Households have Red book

Households have not granted with Red

book

Households will not be eligible to have

Red book

Hoa Vang 395 317 42 36

Total 395 317 42 36

Degree of Impact and land-for-land option

Although 395 households are affected by the loss of agricultural land, not many would have their remaining land holding falling below 300 m2. Further, the total loss of agricultural land compared to total area of agricultural land in the project communes is minor, varying between 0.5-3.0% in Da nang city - the overall average being 1.57%. Table V-4 presents the total and affected area of agricultural land in the project communes of all the three provinces covered by the project.

The average agricultural land holding in the project communes vary between 300 to 1000 m2 per person. Taking an average household size of 4, the total land holding varies between 1200 m2 to 4000m2 per household. Most of the HHs in the project area have the average amount of 2,000 m2 of agricultural land. Even if the lowest



Page 39

land holding of 1200 m2 is considered, on an average the households would have to lose 75% or more of their land holding before the remaining land falls below minimum economic size of 300 m2. Only 60 households would lose >70% of their land holding in this province. It is therefore safe to assume that the number of households where the remaining land is rendered below 300 m2 is not likely to be more than 400. However, this will be verified further when the DMS is completed.

The policy provides for preference to ‘land-for-land’ option to households who are affected by loss of >20% of their productive land. Total number of 352 households fall in this category. Of these 60 would lose >70% of their productive land. The remaining 292 hh would lose between 20-70% of their land holding. As discussed above, there would be very few of these households looking for replacement land because the remaining area of their land would be more than sufficient to support the family.

As required by the policy, the project is required to offer land-for-land option to these households. However, district and commune authorities have confirmed that although there is non-agricultural public land in the project communes, there is no public agricultural land available that can be used for replacement land. As such project would not be in a position to ‘offer’ land-for-land option to the DPs.

The authorities also confirmed, and can be seen from Table V.4 below, there is significant area of private agricultural land in each project commune, as well as in other communes adjoining the project area, that can be purchased by the DPs if they so wish on willing-buyer willing-seller basis. Field investigations have revealed that although there are cases of households buying and selling agricultural land holdings in the project area, these deals are done unofficially. In Vietnam, people cannot buy/sell agricultural land officially although private deals when done and are routinely regularized by commune authorities.

Project authorities have also committed to provide following assistance to DPs who wish to buy agricultural land in communes within and adjoining the project:

(i) provide information to the DPs on available replacement land and facilitate visit to the area;

(ii) provide logistical support to relocating DPs when they find replacement land;

(iii) facilitate processing of legal documents such as registration, issuance of LURCs. The project will also cover the cost of legal documentation if the DPs buy replacement land within 6 months from receipt of compensation for affected agricultural land.

Although compensation rates for affected land and other assets would be established based on the Replacement Cost Surveys to ensure that they reflect prevalent market prices, it is recognized that in case of large number of households willing to buy private agricultural land, the land prices in the market would most likely rise compared to the pre-project level and may in some cases go above the compensation



Page 40

rates DPs receive. However, Every DP affected by loss of productive land, irrespective of the degree of impact, will be provided with additional assistance equivalent to 1.5 times the compensation amount. This additional cash amount would ensure that DPs would be able to buy land in private market even if there is marginal rise in land prices.

The entitlements to compensation and other assistance to the DPs affected by loss of >20% of their productive land, or where <20% affected but the remaning land is rendered unviable for economic use (<300m2), as outlined in Section III.3.10, will ensure that even if the land-for-land option is not made available the DPs would be able to improve, or at least restore their livelihood to the pre-project levels. All the DPs exposed by impact other than those considered to be minor, will have a range of programs to support their full livelihood restoration and assure asset compensation at replacement value.



Page 41



Page 42



Page 43

2. Loss of Residential Land

Number of households which fully affected on residential plot (fully affected or the

remaining areas are less than 100 m2 in the rural area and less than 40 m2 in the

urban area) and residential landless households are identified by district as in Table

V.5 below.

Table V.5: Number of households fully affected on residential plot and number of

residential landless households by district

District Loss of


HH affected by

loss of residential

land

Number of HH fully

affected on residential plot with structure

Number of HH fully

affected on residential

plot without

structure

Number of HH

partially affected

on residential plot with structure

Number of HH partially affected on residential

plot without

structure

Hoa Vang 38,498 62 23 2 36 1

Total 38,498 62 23 2 36 1

As can be seen from the Table V.5, 62 HHs are affected by loss of residential land, of

which 37 HHs are partially loss of land both with structure and without structure. The

remaining land is enough for them to continue to live there; so that relocated option

is not applicable. The compensatory money will be provided to those. 25 HHs are

fully affected and needed to be relocated and the project has to acquire and

compensate for a whole plot.

Table V.6: Legal status on land use right

District HH affected by

loss of residential land


households have LURC

Households have not granted with

LURC

households will not be eligible to

have LURC

Hoa Vang 62 50 8 4

Total 62 50 8 4



Page 44

It is identified that there are 50 households have LURC, 8 households have not

granted with LURC, but are legalizable to be granted with LURC and 4 households will

not be eligible to have LURC, because they have changed the use of land illegally from

the agricultural land ton non-agricultural land without permission. When these HHs

are affected by the land - acquisition, they will be compensated based on the

agricultural land use according to the Decision 36/2009/QĐ-UB of Da Nang People’s

Committee, dated 24 December 2009.

3. Loss of Forest Land

Total 9,075 m2 of forest land are lost due to the project implementation. Most of

them are the production forest (details in table 5.2).

About 80% of forest land belongs to public forest, the remaining (20%) is provided to

local people through 135 program. The numbers of affected HHs due to the loss of

forestland under the 135 program would need to be collected at the time of DMS.

4. Loss of Other Land

There are 88,067 m2 of other land are affected by the project. However, this category

of land is public land. Therefore, no households are considered affected by the loss of

this land by the project.

B. Impacts on Structures

1. Loss of Houses

Based on impacts of the project, two affected kinds of houses are collected including

fully affected and partly affected houses. Each kind of house is concretely discussed

in the following subsections. Houses that are collected here including houses in

residential land (residential land with structure) and houses in business households.

Fully affected houses.

The number of HHs who are fully affected due to the loss of houses is 23, which is

also the number of affected houses. These households would be entitled to

relocation as the remaining residential land would not be of minimum size for for

continued use and reconstruction of houses. These houses consist of 5 types

depending upon their construction types. The total affected area is 1,588 m2, of

which 915 m2 belongs to class 4 houses; followed by 305 m2 of class 2 houses; 275

m2 of class 3; 93 m2 of temporary houses.

There are no houses on non-residential land.



Page 45

Table V.7: Fully affected houses by district (fully affected area or partially acquired by the

project but the remaining area unviable for use)

Districts

Total No. of HHs who are fully affected on

houses

Number of fully

affected houses

Classes

Class 14 Class 2 Class 3 Class 4

Temporary house

Hoa Vang 23 23 0 3 3 14 3

Total 23 23 0 3 3 14 3

Table V.8: Area of fully affected houses according to each house class

Districts Total

Affected area (m

2)

Affected area (m2)

Class 1 Class 2 Class 3 Class 4 Temporary

house

Hoa Vang 1,588 0 305 275 915 93

Total 1,588 0 305 275 915 93

1.2 Partially impacted houses

The total number of households who are partially affected by the loss of houses and

the numbers of affected houses of each types and their areas are shown in Table V.9

and Table V.10 below.

Table V.9: Partially affected houses by districts

Districts

Total No. of HHs who are partially

affected on houses

Number of partially affected

houses

Classes


Hoa Vang 36 36 1 3 9 23

Total 36 36 1 3 9 23

4 The classes of house is specified in Circular No. 07/LB-TT dated 30 September 1991, of which:

- House class 1: House with brick and concrete structures, complete and convenient living facilities (such as Kitchen, toilet, bathrooms, electricity and water…).

- House class 2: House with brick and concrete structures; living facilities are less complete and convenient than house class 1.

- House class 3: House with brick structures, fibro or tile roof, normal living facilities. - House class 4: House with brick or wood structures, tile roof, bad living facilities.



Page 46

Table V.10: Area of partially affected houses according to each house class

Districts Total Affected

area (m2)

Affected area (m2)


Hoa Vang 865 25 85 290 465

Total 865 25 85 290 465

There are 36 households whose their houses are partially affected, which also the

number of affected houses. Class 4 houses attribute to the highest number of

affected houses with 23 houses. No temporary houses were recorded by partially

loss.

The total affected area is 865 m2.

These partially affected houses will received the compensation at replacement cost

for the affected area plus the repair allowance equivalent to 20% of compensation

for affected structure, which will enable them to improve their housing condition.

2. Loss of Other Structures

Structures include kitchens (which are separated from living houses), Houses for

poultry, other structures with fibro cement font cover, cement Playground, brick wall

fence, iron gate, graves, wells. Areas or numbers of each affected types in district

level are concretely discussed in the table below. The losses of other structures by

communes are described in Annex C.

kitchen has the highest affected areas, which are 1,315 m2; followed by the area of

Cement ground (which is 1,274 m2), other structures with fibro cement font cover

(990 m2), Brick wall fence (764 m2), Houses for poultry (which is 596 m2), and

finally, the lowest affected areas belongs to iron gate with 255m2. The number of

graves and well are considerable high, which are 135 and 34 respectively.



Page 47

Table V.11: Loss of other Structures

Districts Kitchen (m2) Houses for

poultry (m2)

Other structures with Fibro

cement font cover (m2)

Cement Playground

(m2)

Brick wall fence (m2)

Iron Gate (m2)

Number of Graves

Number of Well

Hoa Vang 1,315 596 990 1,274 764 255 135 34

Total 1,315 596 990 1,274 764 255 135 34



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C. Impacts on crops and trees

Crops are raised in agriculture land, and trees in both agriculture land and residential

land. The main types of crops including rice and maize, and of trees are sugar cane,

acacia, eucalyptus.

There are 288,890 m2 of land under rice crop, 46,444 m2 of land under maize crops,

35,040 m2 of land under sugar cane, and 9,075 trees of acacia will be affected. The

numbers of other affected trees are 585.

Table V.12: Impacts on annual crops and trees by Districts

Districts Rice (m2) Maize (m2) Sugar cane

(m2) Acacia (tree)

Eucalyptus (tree)

Number of other trees

Hoa Vang 288,890 46,444 35,040 9,075 0 585

Total 288,890 46,444 35,040 9,075 0 585

The number of households affected by the loss of crop areas and those affected by

the loss of agricultural land are the same, 395 households. 62 households are

affected by loss of trees. In addition, a total of 262 households are affected by loss of

over 9,600 trees in kind of acacia and other trees

D. Loss of Business and Employment

Business here are small shop including vegetable shops, groceries and others

essential things for life. These business HHs are run by their members in the houses,

do not hire employee to support their business; therefore, the affect to employees

are not present.

There are 21 small scale businesses (independent shop) are affected, of which 12 will

have to be relocated. These affected households (12 HHs) are eligible to organize on

a resettlement site or in a market area. The rest households (9 HHs) are partly

affected by the project. The remaining areas of their shops are large enough for them

to continue their business. The assistance is provided to those households depending

on the total of the areas that they loss and dependence on business income. If their

incomes are diversity (mean that they have other income except for business like

income from agriculture, etc.), the assistance is different from the HHs whose income

just originated from business.



Page 49

The data on affected major business and manufacturing establishments, both

registered and un-registered, was not collected at this time. The data would need to

be collected during the DMS period.

Of the affected small-scale household businesses, 11 businesses are registered while

the remaining 10 are unregistered. These will receive compensation in accordance

with the provisions of the compensation policy. The income of HHs are quite high, the

monthly average income of each household is about 3.6 million VND.

Table V.13. Affected Small Scale Business household

Districts Number of

affected business HH

Number of affected

business HH who have to

relocated

Number of Registered

business HHs

Number of Non-

Registered business HHs

Average Incomes of affected business

House (VND/HH/month)

Hoa Vang 21 12 11 10 3,642,857

Total 21 12 11 10 3,642,857

E. Impacts on Collective assets and public works

All the collective assets and public works are affected by the project need to be

relocated, including:

- One 500KV electricity pole in Hoa Phong commune

- three 220 kV electricity poles

- Two 35 kV electricity poles

- Five 10kV electricity poles, and

- Four-teen 0,4kV electricity poles

All these electricity poles belong to Da Nang electricity.

- Five telephone poles, belonging to Da Nang post office.

F. Impact on vulnerable people

Vulnerable groups include HHs who are under the poverty line set forth by MOLISA

(34 HHs) , female headed HHs (93 HHs), and those eligible to the social policy5 of the

Government (36 HHs). Most of these households fall in more than one category.

However, a household will receive support/assistance for only one criteria, thus the

maximum number of households requiring additional assistance due to vulnerability

criteria not exceed 93..

5 Social Policy households are those with heroes – mother, and/or with member who lay down one’ life for

country and/ or wounded in the war...



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Table V.14: Affected vulnerable households

Districts Number of HH is under the

poverty line set forth by MOLISA

Number of HH with social policy

Number of female- headed HH

Hoa Vang 34 36 93

Total 34 36 93

Presently, the information on households incomes and below poverty line and those

falling in the category of vulnerable people is based on the sample survey. However,

in order to determine the total number of such households for entitlements, the

aggregate numbers would need to be collected at the time of DMS.

G. Relocation Requirements

Based on data given above, Table V.15 indicates the number of HHs that need to

relocate due to the loss of residential land, or entitled to receive a minimum land plot

by loss of agriculture land, and by loss of structures and businesses. As can be seen

from the table, there are 85 HHs will be receive land plot in resettlement site , of

which relocated HHs due to loss of residential land (both with and without structure)

include 25 HHs, and business (12 HHs) who would be provided space for carrying out

business activities at the resettlement sites. Additionally, 60 households affected by

loss of agricultural land where the remaining land is rendered unviable for use (<300

M2) will receive minimum size plots of 100 m2.

Table V.15: Number of Household Are Entitled to Receive Land Plot in RCs

Districts

Number of HH who have to relocated

due to loss of residential land with structure

Number of HH who have to

relocated due to loss of

residential land without

structure

Number of HH who are entitle to get land plot in resettlement site due to loss of agricultural

land

Number of affected


relocated

Total No. of HHs who have to relocated or

entitled to receive a

minimum land plot

Hoa Vang 23 2 60 12 85

Total 23 2 60 12 85

During the consultations with the DPs many relocating households, specially those affected by loss of residential land, have shown preference for self-relocation. Actual number of DPs opting for project sponsored RS would therefore be much smaller than estimated above and will be finalized following more consultations, after completion of the DMS.



Page 51

Summary of Impacts

Based on the description of impacts in the previous sections, the summary is

presented in the Table V.16 below:

Table V.16: Summary of Impacts

Number Item Number of Affected HHs

Unit Quantity

I Land

1 Agricultural land 395 m2 370,374

2 Residental Land 62 m2 38,498

3 Production forest land Number of HHs to be collected at DMS

m2 9,075

4 Other land - m2 88,067

II Structure

1 House Class 1 1 m2 25



4 House Class 4 37 m2 1,380

5 Temporary House 3 m2 93

6 Other Structure 59 m2 5,194

III Crops and trees

1 Crops 395 m2 370,374

2 Forest trees - tree 9,075

3 Other Trees 262 tree 9,660

IV Loss of Business 21 VND/HHs/ Month

3,642,857

V Collective assets and public works electricity poles Number 25

Telephone poles Number 5

VI Relocation Requirement 85 Persons 357

Entitlement Matrix

The entitlement matrix for compensation and relocation is described as in Table V.16

below.



Page 52

Table V.16: Entitlement Matrix

Type of Loss/ Impacts

Application Eligible Persons Entitlements Implementation Arrangements

1. Productive Land (Agricultural, Aquaculture etc.) either in or out of the residential area.

395 DPs

1.1. Marginal loss (<20% of land holding)

Single affected plot: The remaining area of affected plot is still economically viable (>300m2) for use or meets the expected personal yield.

43 DPs

(a) Owners of land with

(i) LURC (Red book) or (ii) in the process of acquiring LURC or (iii) are eligible to acquire LURC according to the regulations of GOV.

32 DPs

- Cash compensation at replacement cost (free from taxes and transaction costs) for the affected area of the land.

- For non-land assets: See the subsequent Items of compensation for other assets below.

- Process of preparing application dossier and obtain decision on land recovery, information publicize/ dissemination (DMS, compensation and assistance package (Compensation Plan), compensation payment etc.,) followed the Articles 53, 55, 57 and 58 of Decree 84/2007 and Articles 27, 28, 29, 30 and 31 of Decree 69/2009.

- Affected households to be notified at least ninety days before land recovery by the Project (Land law-2003; Article 39- Item 2). The owner of land will hand over the land within 20 days from the date PMU 85 fully pays compensation for land (Article 58 of Decree 84/2004).

For poor and vulnerable, DPs losing with productive land, including landless, allocation of arable land equal per capita arable land in commune as regulated by Decree 64/1993/CP, or if there no land available for allocation or, on the DPs’ request as informed choice.

(b) Users with temporary or leased rights to use land.

5 DPs

- The DPs will be refunded the lease payment they have made for the affected portion of the land corresponding to the remaining lease period. Additionally, the DPs will be compensated for any investment they have made on the affected land or 30% of the replacement cost of the affected land, whichever is higher.

- if the remaining land is rendered unviable, at the request of the DP, the project will take back entire land and provide the DP with suitable replacement land at location acceptable to DP. If suitable replacement land is not available, at the request of the DP, the project will refund the payment made by the DPs corresponding to the remaining lease period. Additionally, the project will compensate DP for the investment made on the affected land or 30% of the replacement cost, whichever is higher.

(c)Land Users without recognized Rights to Use Land

6 DPs

DPs will receive assistance corresponding to 50% of land replacement cost. In addition to above, rehabilitation/training assistance will be provided.



Page 53



1.2. Loss (>20%) Fully affected plot or where <20% land affected but the remaining land is rendered unviable

Single affected plot: To be fully acquired if the remaining land is no longer viable for continued use or does not meet the expected personal yield, therefore the entire property to be acquired).This will be determined by the DCSCC and concurred with by the affected household during DMS).

352 DPs

(a) Owners of land

(i) with LURC; or

(ii) In the process of acquiring LURC; or

(iii) Eligible to acquired LURC.

285 DPs

- if more than 20% of a household’s agricultural land is acquired, then in addition to cash compensation at full replacement cost for the lost area (or for the entire affected plot if the remaining area of the plot is not economically viable), or replacement land of equivalent productivity, the Project will provide rehabilitation allowances for training/retraining and intensifying of the existing occupation or shifting to new ones, combining with technical assistance such as agricultural extension, credit etc.

The forms of assistance and support would be decided through close consultation with the entitled DPs to ensure appropriate and effective measures assisting the DPs to restore their income generating capacity and income levels.

- For non-land assets: See the entitlement for non-land assets is described as in next items below. - Assistance for stabilizing the livelihood (Item 2 of Article 17 of Decree 69/2009). - Assistance for agricultural land in the residential area, garden land, pond land adjacent to residential land but are not recognized as residential land: Additional assistance (equivalent to 50% of the cost of compensation for the adjacent residential plot) for garden land and pond land; and (at 40% of the cost of compensation for the adjacent residential plot) for agricultural land. - In case of land-for-land compensation, DP will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc (Item 4 of Article 20 of Decree 69/2009). - Assistance for changing job, employment with cash either at 1.5 times of compensation for agricultural land or allocated with one plot or apartment or business land plot.

This considered as a similar

principles said in Decree

197/2009 and Article 16 of

Decree 69/2009 ND-CP of GoV

- Other assistances which each

province or city could decide

based on the locality conditions

(Article 23 of Decree 69/2009).

- Affected households to be

notified at least ninety days

before land recovery by the

Project (Land law-2003; Article

39- Item 2). The owner of land

will hand over the land within 20

days from the date PMU 85 has

paid compensation and other

allowances in full..


- No compensation for public land and land allocated by GoV/ local authorities to institutions or AP who are using public land



Page 54



37 DPs or land under the management of enterprises, but compensation at full replacement cost for non-land assets and investment on land to land user. Allowances to affected employees equivalent to the compensation amount for land (Item 3 of Article 69/2009 of Decree 69/2009). Details of all assistances and allowances see item 9 below.

As the same policy mentioned for categories (b) and (c) above.


30 DPs

. As the same policy mentioned for categories (b) and (c) above.



Page 55



2. Residential Land and joint garden.

62 DPs

2.1. Marginal loss

(i.e., land is still viable

for use and not

requiring relocation).

This will be determined

by the DCSCC and

concurred with by the

affected household

during the DMS. It is

proposed that in the

urban area, the non-

affected residential

area is not less than 40

m2 and in the rural

area, non-affected

residential area is not

less than 100 m2 and

the shape of the

remaining plot are

acceptable for DP to

rearrange the house.

37 DPs


(i) LURC or (ii) in the process

of acquiring LURC or (iii) are

eligible to acquire LURC

according to the regulations

of GOV, or(iv) Those

covered by customary

rights, such as members of

ethnic minority groups.

31 DPs

- For the portion to be acquired permanently: Cash

compensation at replacement cost (free from taxes and/or

transaction costs).

- DPs losing residential land with structures built thereon and

the remaining land is sufficient (not less than 40 m2 in the

urban area and not less 100 m2 in the rural area) to rebuild

their house on (reorganizing DP), the DPs will be compensated

for a part of loss of land in cash at the replacement cost and

compensation for fully affected structures at full replacement

cost. If house/structure is partially affected, repairing cost to

restore it to former or better conditions.

- For non-land assets, see the entitlement for other non-land

assets describe in items below.

- Affected household to be

notified at least 180 days before

land recovery by the Project

(Land law-2003; Article 39- Item

2). The owner of land will hand

over the land within 20 days from

the date PMU 85 fully pays

compensation for land.

(b) Users with temporary or

leased rights to use land.

04 DPs

- DPs who reorganize will be compensated for temporary land

loss at 30% of replacement cost

- Repair cost for partially affected structures or subsistence

allowance for fully affected structures.



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(c)Land Users without

recognized Rights to Use

Land.

02 DPs

DPs will not be compensated for illegal land loss .

2.2. Loss of productive land with remaining land unviable for continued use

(i.e., land no longer viable for continued use and the entire property to be acquired). This will be determined by the DCSCC and concurred with by the affected household during DMS. It is proposed in the urban area, the non-affected residential area is less than 40 m

2

and in the rural area, non-affected residential area is less than 100 m

2.

25 DPs


Owners of land with

(i) LURC or (ii) in the process of acquiring LURC or (iii) are eligible to acquire LURC according to the regulations of GOV, or (iv) Those covered by customary rights, such as members of ethnic minority groups.

19 DPs

DPs losing residential land with structures built thereon and

without remaining land sufficient (less than 40 m2 in the urban

rural area and less 100 m2 in the rural area) to rebuild on

(relocating DP) are entitled to:

(i) The provision of replacement residential land (plot at the

relocation site) of equivalent size, at a similar location and with

land title without any cost. The relocation site will be

developed with basic infrastructure, including access road,

access to electricity, to water supply, drainage, which at least

are equal to conditions existed at the former location; or

(ii) Cash compensation for entire residential land at full

replacement cost and additional assistance for self-relocation

equivalent to the unit cot of physical infrastructure invest per

plot at the relocation site.

For poor or vulnerable DPs who have no other residential land

in the same ward/commune, the project will provide either a

residential plot of minimum size at a common RS or on a

individual residential plot, with title to the land (plot of 40 m2

in urban area and 100m2 in rural area); or on request of the

DPs, cash assistance equivalent to 60% of the land

replacement cost for them to arrange relocation by

themselves.

- Affected household to be notified at least 180 days before land recovery by the Project (Land law-2003; Article 39- Item 2). The owner of land will hand over the land within 20 days from the date PMU 85 fully pays compensation for land.

The process of compensation a plot at the resettlement site will be as follows:

- If the selling cost of plot(s) at the new site is more than the value of the affected residential land, DPs receive new plot at no additional cost (Item 1 of Article 19 of Decree 69/2009). If the plot(s) at the new site is equal the value of affected residential land, DPs receive new plot at the new site without any balance. If the plot(s) at the new site is less than the value of affected residential land, DPs will receive plot and the difference in cash. The planning and detailed design for the relocation sites will be done by



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consultant of PMU 85 in consultation with stakeholders and then approved by the PC of Da Nang City. Detailed regulation on plot allocation will be developed by PMU 85 and DCSCC through consultation with district, commune and DPs then needs an approval of district PC.


04 DPs

For the DPs, who do not have legal or legalizable rights to the affected land, are entitled to the assistance amount equal to 30% of replacement cost.

For poor or vulnerable DPs who

have no other residential land in

the same as their affected

ward/commune, the project will

provide either a residential plot

of minimum size at a common

RSs or an individual resettlement

site, with titled to the land (plot

of 40 m2); or on request of the

DPs, as their informed choice, an

assistance amount corresponding

60% of the land replacement cost

for them to rearrange relocation

by themselves.


02 DPs

For the DPs, who do not have legal or legalizable rights to the affected land, are entitled to the assistance amount equal to 30% of replacement cost.

For poor or vulnerable DPs who have no other residential land in the same ward/commune, the project will provide either a residential plot of minimum size at a common RS or on a individual residential plot, with title to the land (plot of 40 m2 in urban area and 100m2 in rural area); or on request of the DPs, cash assistance equivalent to 60% of the land replacement cost for them to arrange relocation by themselves.



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3. Structures

59 DPs

3.1.Marginal impact

(i.e., unaffected portion of the house is still viable for use and could be remained from the technical viewpoints, therefore, require no relocation.

The indicators for a marginal impact on house will be determined by the DCSCC with the technical assistance from District or Provincial Construction Department and concurred by the commune authorities and affected household during the DMS.

36 DPs

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit.

36 DPs

- If house/structure is partially affected and the remaining structure is viable for continued use, the project will provide a house/structure repair cost, in addition to the compensation for affected portion at replacement cost , to enable DPs to restore it to former or better conditions.

- Compensation for other structures/fixed assets will be at full


- Tenants, who have leased a house for residential purposes

will be provided an assistance equal to the remainder of rental

contract value, but not exceeding rental value for three

months, OR a relocation allowance of 0.3 miliion /person

/month for a duration of 6 months, whichever is higher; and

transportation allowance for moving assets, as well as

assistance in identifying alternative accommodation.

- For allowances see from subsequent items below.

The calculation of rates will be based on the actual affected area and not the useable area.

3.2. Severe impact (i.e., house is partially acquired by the project but no longer viable for continued use or the entire structure is acquired). Two cases

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit

23 DPs

- For fully affected house (including house whose whole area is

affected or partly affected but non-affected part could not be

used either because of technical issue or because of

inconvenient to use): Compensation in cash for entire affected

structures will be provided at 100% of the full replacement cost

for materials and labor, regardless of whether or not they have




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could be (i) The remaining residential land is sufficient for re-constructed of the house (equal or more than 100 m

2 in the

rural area and 40 m2 in

the urban area) or (ii) residential land is less than 100 m

2 in the

rural area and 40 m2 in

the urban area (considered not convenient to rebuild the house), so that HH has to move to new site.

23 DPs

title to the affected land or permit to build the affected

structure. The amount will be sufficient to rebuild a structure

the same as the former one at current market prices. No

deductions will be made for depreciation or salvageable

materials.

- Compensation for other structures/fixed assets will be at full


- Tenants, who have leased a house for residential purposes

will be provided an assistance equal to the remainder of rental

contract value, but not exceeding rental value for three

months, OR a relocation allowance of 0.3 miliion /person

/month for a duration of 6 months, whichever is higher; and

transportation allowance for moving assets, as well as

assistance in identifying alternative accommodation.

- For allowances see from subsequent items below.

4.Secondary Structures (kitchen, barn, fence, yard, latrine, etc)

59 DPs

Loss of, or damage to assets

59 DPs

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit.

59 DPs

Cash compensation based on current market prices of materials and labor without depreciation or deductions for salvaged building materials


5. Crops and Trees, aquaculture products

Loss of, or damage to assets.

457 DPs

Owners regardless of tenure status

457 DPs

- Annual crops and aquaculture products equivalent to current market value of crops/aquaculture products at the time of compensation;

- For perennial crops trees, cash compensation at replacement

DPs will be given notice several months in advance regarding evacuation. Crops grown after issuance of the deadline will not



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457 DPs

cost equivalent to current market value given the type, age and productive value (future production) at the time of compensation.

- Timber trees based on diameter at breast height at current market value

be compensated.

6.Public Facilities

none

Loss of, or damage to assets

Owners of assets

Either in (i) cash compensation to cover the cost of restoring the facilities or (ii) in kind compensation based on the negotiation between DCSCC and owners of assets.

7. Communal-owned assets, collective assets

02 DPs

Loss of, or damage to, assets

02 DPs

Village, ward, commune, district, provincial government unit

Either (i) Cash compensation to cover the cost of affected assets or (ii) in kind compensation based on the negotiation between DCSCC and commune authorities or with owner of the collective assets.

8.Graves/ Tombs

10 DPs

Have to move the graves or tombs

10 DPs

Affected households or group of HHs

10 DPs

- All costs of excavation, relocation and reburial will be reimbursed in cash to the affected family.

- Graves to be exhumed and relocated in culturally sensitive and appropriate ways.

- Could be removed only no later than 02 years from the date of burying. Thus, it needs to be paid and move early in advance to avoid the risk of delaying the project construction.

9. Loss of Income/ Livelihood due to loss of productive land

352 DPs

impacts due to permanently loss of their productive land and the remaining land is not viable for continue use.

352 DPs

Owners of land (i) with LURC;

(ii) in the process of acquiring LURC;

(iii) are eligible to acquire LURC; and

(iv) affected households with lease agreement over the affected land

352 DPs

-Allowance for Living/production Stabilization: households who lose 20% or more of their agricultural lands affected by the project will be compensated with one time payment at cash equivalent to 30 kg of rice/person/month at local market price (about 300,000 VND), including: (a) : Affected households losing 20% to 70% of their agricultural land will be assisted for living stabilization for 6 months if the remaning land is vible for continued use, and for 12 months in case the remaning land is rendered unviable and entire land is acquired by the project; (b) Affected households with more than 70% of their agricultural land acquired will be assisted for living stabilization for 12 months if the remaining land is viable for continued use,

The amount will be given in tranches every 6 months to coincide with the cropping season while affected households are taking part in the income restoration program in order to restore their pre-project income/livelihood.



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and for 24 months in case the remaining land is rendered unviable and entire land is acquired by the project; (c) households affected by loss of <20% of land and the remaining land is rendered unviable for continued use, the DPs will be assisted with living stabilization support for 12 months; and if the remaining land is viable for continued use the DPs will be assisted with one time payment at cash equivalent to 30 kg of rice/person/month multiplied with percentage of productive land acquired to total land holding, for duration of 04 months.

Households affected by loss of agricultural land where the remaining land is rendered unviable for continued use (<300 M2) would be provided with a minimum size plot of 100 m2 at the resettlement site.

Assistance for agricultural land in the residential area, garden land, pond land adjacent to residential land but are not recognized as residential land: Additional assistance (equivalent to 50% of the cost of compensation for the adjacent residential plot) for garden land and pond land; and (at 40% of the cost of compensation for the adjacent residential plot) for agricultural land.

In case of land-for-land compensation, DP will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc (Item 4 of Article 20 of Decree 69/2009).

Every DP affected by loss of productive land, irrespective of the degree of impact, will be provided with additional assistance equivalent to 3 times the compensation amount.

Support for vocational training and job creation: At least one member of households affected by loss of productive land will be entitled to vocational training in the province. The DPs participating in such training programs will be exempted from payment of tuition fees. Trainees will be paid a lump-sum



Page 62



allowance of VND 200,000/month to cover the lodging and boarding expenses during the training period. After finishing training courses, they will be given priorities to be recruited in local manufacturing industries.

10. Loss of Income/ Livelihood due to relocation of business

21 DPs

Marginal Impacts

9 DPs

Owner of the affected business.

9 DPs

For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be:

(i) Allowance for Business Loss: All affected businesses and production households whose income is affected will be compensated or supported for losses in business equivalent to 50% of their actual annual income i.e. equivalent to 6 months of average net income: (i) For licensed businesses the compensation will be based on their average yearly income declared with the taxation agency over the previous three years, and (ii) For unregistered affected businesses the compensation will be based on the income data collected at the the time of DMS but the compensation will not be less than 3.0 mil.VND/month.

(ii) Employees who are affected by acquisition of residential/commercial land acquisition, public land or land of enterprises: Allowance equivalent to the minimum salary as per the provincial regulations to affected employees during the transition period for a maximum of 6 months and will be assisted in finding alternative employment.

Significant impacts on shops or other types of services

12 DPs

Relocating shop owners regardless of tenure status.

12 DPs

If the business has to be relocated, the project will provide alternative site with locational advantage and physical attributes similar to the land lost with easy access to customers base, satisfactory to the DP, OR compensation in cash for the affected land at replacement cost, plus transportation allowance to remove movable attached assets.

DPs will be given priority for business relocation along highway, communal roads and along canals near the bridges or footbridges in order to maximize their benefit from business opportunities. At the time of compensation, allowances will be



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adjusted to account for inflation.

11. Allowances /Assistance Targeted to Vulnerable Households

Loss of land and non-land assets

Affected vulnerable groups regardless of severity of impacts. The vulnerable groups were defined as in Terms of Terminology

Specific assistance to vulnerable groups would be as follows:

- For landless households, assistance through provision of land-for-land with secure tenure at no cost to landless households. The size of land will not be less than 40 m2 in urban area and 100m2 in rural area, or cash equivalent to the cost of minimum size of the plot at RS, if DPs prefer for self-relocation.

Social Policy: (i) Households including social policy heroic mothers, ware veterans, wouded or dead soldiers families: 1-5 mil/HH: (ii) Poor Household: 2 mil/HH (to be certified by local authority)

Other vulnerable groups (female headed household, household with disable person, elderly without any source of support) will get the same support (1.0-5.0 mil. VND/household) given to poor households in accordance with the provincial policy.

- Entitled to take part in Income Restoration Program

- Allowance for households as per Government regulation (social policy households, heroic mothers, wounded, dead soldiers). If the household eligible to more than one additional support allowance for the vulnerable people, only one package with the highest value will be applied.

12. Other Allowance/Assistances

Loss of land and non-land assets

Affected vulnerable groups regardless of severity of impacts. The vulnerable groups were defined as in Terms of Terminology

Incentive Bonus: Organizations, households, who well execute the policy of self-dismantling and transferring land for the Project on planned schedule, will be awarded: (i) 5% of the asset compensation value (houses, structures, trees) for organizations, households whose compensation value is less than VND 50,000,000; (ii) 8% of the asset compensation value (houses, structures, trees) for organizations, households whose compensation value is more than VND 50,000,000 but not exceeding VND 80,000,000, and (iii) The bonus level equals 50% of the general regulation but not exceeds VND 2,500,000 for affected, tents, small shops, gardens.

Repair Allowance: If house/structure is partially affected and the remaining structure is viable for continued use, the project



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will provide a repair allowance equivalent of 20% of compensation for the affected part of the structure to enable DPs to restore it to former or better conditions.

Every relocating DPs will be provided with a lump-sum one time amount of 3,500,000 VND to cover the cost of domestic water, power and telephone connections at the new site.

Transport Allowance for all relocating households, independent business and commercial establishments: VND 3,000,000/ DP or equivalent to the actual cost of relocation expenses (labor, transport) if relocating within the Province/City and VND 5,000,000/DP or equivalent to the actual cost of relocation expenses (labor, transport) opting to transfer to another province.

12. Temporary Impacts

Temporary loss of land User of affected land - For the portion to be used temporarily during construction (no more than 2 years of acquiring land): (i) rental in cash which will be no less than the net income that would have been derived from the affected property during disruption; (ii) restoration of the land within 3 months after use; the PMU 85 will pay full replacement cost or ‘land for land” compensation if contractor fails to restore the affected land within 3 months after end of use (agreement between parties will be monitored by independent monitoring agency.

If the quality of land will be radically changed when return to DPs, requiring DPs to change in the types of land use, then DPs should be compensated for all envisaged cost of losses.

13. Any other impacts that may be identified during implementation

- - Entitlements to compensation and other assistance would be provided in accordance with the compensation policy.



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VI. RELOCATION ARRANGEMENT

Based on the results of IOL, described in Chapter 5, the number of households that

would need to be relocated and results of consultation on the preference of HH to

the modes of relocation (self-relocation or to plots at the relocation sites which will

be constructed by the project), together with need of resettlement sites in the district

is shown as in Error! Reference source not found. below.

A total of 85 HHs have to relocate. Out of the 25 households eligible for relocation

due to the loss of residential land (with and without structures) some are likely to opt

for self-relocation. This will be further reconfirmed during the implementation phase

and exact number of DPs willing to go for the project sponsored resettlement sites

and for self-relocation would be determined based on the consultations. DPs would

be requested to confirm their decision in writing. The remaining 60 households

affected by loss of their entire productive land or where the remaining land is

rendered unviable, are to be provided with a minimum size plot of 100m2 on

resettlement site.

Households opting for self-relocation will be entitled to compensation and relocation

assistance will be provided. For those opting for project sponsored RS, the minimum

number of households for RS would be 25 to make it economically feasible for

provision of utilities and public service. Particularly, in Hoa Phong commune, there

are only 6 HHs relocation, which is not eligible to organize a separate site, thus these

HHs will be added in other sites that established and vacancy remaining.

VI.1. The potential of the resettlement sites

Information on the potential of resettlement sites in the communes was obtained

through a series of consultation and discussion with the local authorities, community

leaders and DPs. General description of potential resettlement site is summarized

below:

As described in Chapter 8 about the consultation with the district and commune

authorities on the potential of land for land arrangement, the affected district and

communes gave their confirmation that there is no public land available to provide

replacement agricultural land. However, the district and affected communes said that

it is not difficult to buy agricultural land in their locality. For the potential of land

banks to relocation, the information were obtained from the leaders of the affected

districts and communes through the first and second rounds of consultation and then

through the meetings with DPs at the affected communes in the second round of

consultation, the potential of arrangement for the relocation at each affected

commune including the site could be developed by the project owner and the sites



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which were planned or under construction by local authorities and land developers

which the relocating households could deal to the owners themselves or the PMU85

and DCSCC would negotiate with the site owners to arrange for the project relocating

households. The potential of the residential sites in each affected communes are as

below.

Hoa Vang district authorities advised that the Project Management Unit should plan

for group relocation and if HH prefer to the relocation site, the project should buy

plots from land developers rather than to construct the new sites.

1) There are two sites in Hoa Nhon commune (i) the first site is with the area of

about 6,000 m2 in Ward Phuoc Hung, the former owner was the local

government. This site is about 600 m far from the old residential area. The site

is also very close to the commune-link roads, health care station, kindergarten,

and community cultural house. The transmission line of 110 KVA, 35 KVA and

0.4 KVA are available nearby the site. The site is located on agricultural land

thus there is no household that have to relocated to new place. (ii) The other

site is in Ward Phu Hoa 1 with the area of about from 6,000 m2 to 10,000 m2.

This site is close to the commune link road (11 m wide with asphalt payment),

health care station, kindergarten, and community cultural house, about 1 and

0.5 km to old residential area. The transmission lines of 110 kv and 0.4 kv are

available nearby the site.

2) There is one site in Hoa Phong commune of Hoa Vang district. The site is with

the area of about 11,000 m2 in Ward Cam Toai Trung, the former owner was

the local government. This site is about 300 m far from the old residential

area. The site is also very close to the commune-link roads, health care station,

kindergarten, and community cultural house. The transmission line of 0.4 KVA

are available nearby the site. .

3) There are two sites in Hoa Tien commune (i) the first site is with the area of

about 10,000 m2 in Ward Thach Bo, the former owner was the local

government. This site is about 400 m far from the old residential area. The site

is also very close to the commune-link roads, health care station, kindergarten,

and community cultural house. The transmission line of 15 KVA and 0.4 KVA

are available nearby the site. (ii) The other site is in Ward Le Son 1 with the

area of about from 5,000 m2 to 7,500 m2. This site is close to the commune

link road, health care station, kindergarten, and community cultural house,

about 600 m to old residential area. The transmission lines of 0.4 kv are




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PMU 85 will carry out extensive consultations with the district and communes

authorities to identify available potential resettlement sites and finalize the sites in

further consultations with the relocating DPs to ensure that the location of

resettlement sites are acceptable to them.

Land allocation in resettlement site: it is proposed that the land allocation in above

mentioned resettlement site is as following:

1. For DPs, who affected with residential land and have to be relocated

would be offered plots of varying sizes, the minimum being 100 m2 in

rural areas and 40m2 in urban areas.

2. Of the households affected by loss of residential land, 25 households

would be provided with separate space for business activities.

3. For DPs, who are affected with agricultural land and the remaining is

not economically viable, are entitled to get land plot of minimum size

100m2.

Based on the land requirement, land plots from the 05 resettlement sites will be

provided to DPs as described in Table V.1 below6.

The number of resettlement sites to be developed would depend on the final number

of DPs commit to opt for the project sponsored resettlement sites. Further, if the

holding capacity of resettlement site in a district is lower than the demand, some of

the DPs would be given the option to relocate to the resettlement sites in the

adjoining districts with surplus land in the resettlement sites.

The land for the all the potential sites are owned by respective local authorities.

However, some of these areas may have been provided to local community members

on lease. If such leased areas are used for development of RS, appropriate

compensation and assistance will be provided to affected households in accordance

with the policy provisions in this RAP.

The area of potential sites is more than required to relocate DPs. During the

implementation phase and following consultations with the DPs entitled to

relocation, precise requirement for RS would be determined and preference for RS

development would be given to the areas without any encumbrances. Preference

would also be given to develop only non-agricultural land for RS.

6 It is noted that, the construction coefficient for resettlement site development is about 2.2 time.



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Table VI-1. The households have to relocate and potential of resettlement sites by district

District

Number of

relocated

HH

Number of HH

prefer to self-

relocation

Number of HH

prefer to

resettlement

site

Required

resettlement

area (m2)

Number of

potential

resettlement

site

Area of

potential

resettlement

site (m2)

Remark

Hoa Vang 85 25 60 35,360 05 38,000

The owners of land for resettlement sites is the local

government. All site is close to the commune link

road, health care station, kindergarten, and

community cultural house. The electric line are


Total 85 25 60 35,360 05 38,000



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VI.2. Process of site development and resettlement policy

Fully affected residential plot with house (households have to be relocated): Plot no

longer viable for continued use and the entire property to be acquired. The DPs

would be entitled to relocation if in the urban area, the non-affected residential area

is less than 40 m2 and in the rural area, non-affected residential area is less than 100

m2. This will be finally determined by the DCSCC and concurred with by the affected

household during the DMS.

DPs who are fully affected on residential plot and house have an option on either:

(i) Cash compensation at replacement cost (free from taxes and transaction

costs) for the entire land plus with bonus for self-relocation, or

(ii) Plot at the resettlement site, which will be developed by the project.

Based on the differences in cost between the residential land and the new

sites, compensation options including:

(a) If the selling cost of plot(s) at the new site is more than the value of the

affected residential land, DPs receive new plot at no additional cost. If

the plot at the new site is equal the value of affected residential land,

DPs receive new plot at the new site without any balance.

(b) If the plot(s) at the new site is less than the value of affected residential

land, DPs will receive plot(s) and the difference in cash.

(c) The planning and detailed design for the relocation sites will be done by

consultant of PMU 85 and approved by the PC of Da Nang City.

(d) Detailed regulation on plot allocation will be developed by PMU 85 and

DCSCC through consultation with commune authorities and DPs then

need an approval of district PC.

(e) For landless households, assistance through provision of land-for-land

of similar attributes with secure tenure at no cost to landless

households. The size of land will not be less than 40 m2 or cash

equivalent, if DPs prefer for self-relocation.

Actual the number of plot on resettlement sites will depend on the preference by the

DPs.

Following the final decision of affected households with regard to their relocation

options, the key steps below presents the required activities, timeline, and groups



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responsible in order to design, construct and relocate households to the new

resettlement sites.

(a) The Project Management Unit 85 and the DCSCC to propose the sites to

the PPCs of Da Nang for their approval (total area of the site, number of

plots, areas of plots etc.).

(b) The Project Management Unit 85 and the DCSCC to prepare the TOR for

the site planning and detailed design, select consultants for these

services, consultants to prepare for the site planning and detailed

design.

(c) The Project Management Unit 85 and the DCSCC to submit the site

planning and detailed design including the cost of the site construction

and EIA for the sites to DOCs, DONREs of Da Nang City for its review and

then to the PPCs of Da Nang for the approval on the land recovery and

detailed planning of the sites.

(d) The DCSCC to carry out for DMS, prepare the Compensation Plan for

each DP get plan reviewed and approved by the relevant authorities

and then pay compensation to DPs who are affected by land acquisition

for the sites. Bidding and selection of contractors for the site

construction (could be included of housing if HH prefer the project to

construct the house for them).

(e) Plot allocation to HH and issuance of LURC and ownership of house.

(f) During the preparation of detailed planning, the DCSCC will (i) consult

with relocating households to discuss final location of the relocation

site, size of plot, costs, payment conditions, relocation schedule, and

procedures for the awarding of plots to households; (ii) inform the

affected households that if the value of the plot is lower than the

replacement cost of the affected household’s lost residential land, the

price difference will be paid in cash to the affected household; (iii)

document agreements reached with the households and posted in the

office of the commune. The DCSCC will also take into consideration

suitable plots for households who have businesses and ensure that the

plot that will be allocated for them will have suitable commercial

potential.

With regard to timing of payment to DPs and relocation, disbursement

of compensation will be at least four months prior to displacement. This

will allow DPs to have sufficient time to rebuild their houses. Affected



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households will not be displaced until the commune/ward allocates

land acceptable to DPs and until DPs received full compensation and

allowances due them.

Following the site selection and approval by the DPs, the steps for site planning and

site development are summarized in Table VI.2 below.

Table VI.2: Steps for Site Planning, Development and Relocation Implementation

No. Steps Time/Estimated

No. of Days Group Responsible

1 Final survey and proposal for the potential

sites

December 2009

to October 2010 DCSCC and PMU 85

2 Approval for selected sites of city/province PC February 2011

PMU85 and DCSCC to

submit to the PCs of Da

Nang City

3 Prepare TOR and selection of consultants for

site planning and detailed design

February to

March 2011 PMU 85 and DCSCC

4

Prepare a draft detailed planning according to

Vietnam standards (physical infrastructure,

plot arrangement, kindergarten, market etc)

April 2011 to

June 2011

Consultants under the

supervision of PMU 85

and DCSCC

5 Consultation with stakeholders on the site

planning, get feedback from them. June 2011

Consultants with the help

from PMU 85 and DCSCC

6

Finalize the planning including EIA,

Compensation Plan for the site, submit to

DOC, DONRE, DOF for their reviews and then

to the PC of Da Nang City for their Approval.

Disclose the approved planning at the affected

communes.

July-August 2011 PMU 85 and DCSCC

7 Detailed Design and Bidding Document based

on the approved detailed planning.

September-

October 2011 Consultants of PMU 85

8

Bidding invitation, bidding evaluation and

selection of contractors for the site

construction. Approval of relevant authorities

on the results of bidding evaluation and award

the contract to the successful bidder

October-

November 2011 PMU 85

9 Construction of the site December 2011

to March 2012 Contractor

10 Demarcate Plot March 2012 Contractor

11 Allocate Plot to HH based on the regulation of

plot allocation March-April 2012

PMU 85; DSCCC and

Commune

12 Construction of Houses and Public social

services (done in parallel) April-July 2012

HH and

Contractors

13 Relocation of HHs May-August 2012 HH with the help of local

authorities



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For affected households who opt to receive cash compensation for self-relocation will

be compensated in full for all their losses (land and non-land assets) and the

necessary relocation and transition allowances. The DCSCC and commune authorities

to help relocating households through the process of land purchasing and having

legal papers for the ownerships. DCSCC also help relocating families (if needed) to

deal with residential land developers in the localities in case DPs want to buy plots or

apartments at the sites which developed by site developers or by districts (not by the

project).

VI.3. Cost for the site development

According to the entitlement policy and the principles described in item VII.2 above,

the cost for the site development by PMU 85 will be partially repaid by the DPs from

their compensation package for residential land (DPs receive compensation for

residential land lost and buy the plot at the resettlement sites). However, to achieve

the objectives of the RAP, the following item will not be included in the selling cost of

plot ( will be subsidized by the project owner)

(i) Cost for topographic, geologic, hydrologic survey;

(ii) Cost for site planning, detailed design and EIA;

(iii) Cost for the access road (off site road); AND

(iv) Cost for social services such as health care station, kindergarten,

community cultural house etc.

VI.4. Issues of relocation should be done once RAP is approved.

The following activities need to be done once the RAP is approved.

(i) Finalize the list of relocating HH in each commune after the DMS

completion, based on the bench marks demarcate for the project site on the

ground.

(ii) Get reconfirmed from relocating HH on their options to the relocation (to

the relocation sites or to the sites in the commune which re

underdevelopment or will be developed by non-project owners or self-

relocation management).

(iii) Develop for the steps and mechanisms of site approval, site planning and

design, cost estimate, bidding and site construction and construction

supervision, plot allocation and granting of LURC to relocating HH.



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VII. INCOME RESTORATION AND REHABILITATION

Experience has it that, unless mitigated, involuntary resettlement resulting from

development projects often gives rise to severe economic, social, and environmental

problems: production systems are dismantled; people face impoverishment when

their affected productive assets or income sources are not replaced; people are

relocated to environments where their productive skills may be less applicable and

the competition for resources greater; community institutions and social networks

are weakened; kin groups are dispersed; and cultural identity, traditional authority,

and the potential for mutual help are diminished or lost. In addition, there are people

who on account of their position in society and/or their physical and economic

situation are less capable of re-establishing themselves than the others and,

therefore, face greater risks of impoverishment. Consequently, compensation at the

replacement cost itself is not enough, relocation assistance through different types of

allowances and economic restoration plan need to be developed in order to make

sure that the project affected person will not be worse off or otherwise improved

their livelihood and living standards at new places. The livelihood restoration and

improvement are required in the involuntary resettlement policy of WB. The GoV has

improved its policy on land acquisition, compensation and assistance to resettlement

from time to time, especially for the assistance policies in order to make sure that the

affected persons will not be worse off or otherwise improve their living conditions

and livelihood at the new place (e.g., Laws, Decrees of GoV such as Land law 2003,

Decree 197/2004, Decree 69/2009 etc.).

The DPs affected by loss of productive land, irrespective of the degree of impact

would be eligible for the variety of income rehabilitation and assistance, allowances,

additional to the compensation. Additionally, households affected by loss of business,

and employment, poor and other vulnerable households would be alos be entitled to

income rehabilitation assistance. The entitlement for the economic restoration and

livelihood improvement are described in detail in Chapter 3 and as follows. The

combination of income rehabilitation measures focusing on the DPs affected by loss

of productive land, loss of business, and vulnerable households include:

a. For Loss of Residential Land:

a. Relocation Allowance;

b. House Rental Allowance;

c. Additional assistance to relocating DPs where the compensation amount

they receive falls short of the minimum size plot at the RS;



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d. Providing cash equivalent to the cost of a developed minimum size plot to

the self-relocating DPs;

b. For Loss of Residential Land:

a. Allowance for Living/Production Stabilization (during the transition period);

b. Provision of a free minimum size plot of 100m2 to DPs who are affected by

loss of productive land and the remaining land is rendered unviable for

continued use;

c. Assistance to DPs for lost agricultural/pond/garden land adjacent to

residential land but not recognized as residential land;

d. Agriculture extension services to farmers affected by partial loss of

productive land and the remaining land is viable for continued use;

e. Every DPs affected by loss of productive land is provided with additional

cash assistance equivalent to three times the compensation amount

f. Support for vocational training to at least one member of affected

households. 30% of such positions would be reserved for women. Trainees

would be provided with subsistence allowance during the training period

c. Other Allowances/Assistance

a. Incentive Bonus

b. Repair Allowance for partially affected structures

c. A lump sum cash amount to cover cost of utility connections at new site to

all relocating DPs;

d. Transport allowance to all relocating DPs

Vulnerable DPs will get additional assistance as follows:

a. Provision of minimum size of plot at RS to landless DPs, or cash equivalent;

b. DPs covered under provincial social policy to receive cash assistance;

c. Other vulnerable groups not covered under the provincial social policy to

receive the same assistance as provided to social policy

The process of consultation with DP’s on different options to the economic

restoration/activities was described as in Table VIII.2 of Chapter VIII below. For the

economic restoration needs, the consultant of PMU5 has carried out for the

following:



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(a) Effort of seeking agricultural land to compensate for agricultural lost land

Since no public agricultural land is available that can be offered to the DPs as

replacement agricultural land, the project authorities will make special efforts

to assist DPs who wish to purchase replacement private agricultural land on

willing-buyer willing-seller basis. The project will also provide logistical support

for such transactions and all legal and documentation costs would be covered

by the project if carried out within a period of six months from the date of

receipt of compensation by the DPs.

Further, the compensation amount plus additional cash support provided to

the DPs would ensure that they would be able to buy replacement productive

land in the areas within or adjoining the project even if there is some increase

in the land prices due to the increase demand.

(b) Employment Opportunities and Income Restoration Activities

Notwithstanding the aforementioned, the project will plan and implement a

responsive and sustainable income restoration activity for eligible households

as needed. In the consultation from December 2009 to January 2010, various

institutions, including local NGOs in Da Nang City were met with regard to

possible employment opportunities, trainings, loans availability in the localities

and income restoration program activities that are available or can be made

available for the affected people. Discussions were held with regard to

programs available and basic requirements in order for households to be

eligible for employment. Organizations providing small loans were also

explored. The description about consultation with stakeholders was detailed

in Chapter 8 above. For the specific purpose of consultation for the economic

restoration activities, the institutions were met with is as in Table VII.1 below.

Table VII.1: Consultation with institutions, local NGOs of the affected districts

Meeting Venue Time Consulted institutions

1. With

Hoa Vang

district, Da

Nang City

At offices

of

consulted

institutions

From 12 to 15

December 2009

- District Department of Labor and invalid and Social Affairs.

- Center for vocational training and employment orientation.

- Center for agricultural extension programs.

- Farmer Association

- Women Union

- Social and policy Bank Branch



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Through the consultation, the potential of programs proposed by the districts,

available in the project localities and resources of implementing agencies in the

project Districts, cities are summarized as Table VII.2 below:

Table VII.2: Potential programs, loans and training courses in Da Nang City could be

considered for the economic restoration and livelihood improvement for the

project affected people

District Key information and possibility of activities/programs

1. Hoa Vang

district

- Vocational training center has 35 trainers. This vocational training

could organize the courses on IT, garment industry; mechanical,

electrical, accounting etc. the courses is from 03 or 6 months to two or

three years. The center has also carried out technical assistance on

mushroom making, husbandry and other TA on agricultural activities.

the courses are from 03 months or 6 months to two years or three

years.

- Extension Center for Agriculture has 05 staff who are working at the

center office and 10 people who are working at communes. The staff of

this center is with the background on agriculture and husbandry. It is

implementing the programs in the district such as animal husbandry

(cow, pig, chicken etc.) and planting sugar, rice, fruit trees. These

programs are implementing with the co-operation of district women

union and farmer association.

- Farmer Association is implementing the programs on poverty

reduction, loan assistance to the students from the poor families, loans

for farming and husbandry etc.

- Women Union is implementing the programs such as loans for the

poor female headed HH, microfinance for gender programs etc.

- Social and policy Bank Branch is implementing 07 programs with loans

for economic development, for poor HH, for students in poor families,

for improving sanitation facilities etc. The poor families could borrow

not more than VND 30,000,000 and with an interest of 0.65% per

month.

In Da Nang, many companies posting employment opportunities in front of their

offices, recruitment posters are also found in public places and commune offices. This

is due to the fact that many companies are in need of both skilled and unskilled



Page 77

laborers. The employment is also could be accessible through DOLISA of Da Nang

City.

(c) Design and Implementation of Income Restoration Programs

As a result of consultation with local authorities, various organizations and affected

households, the following farm-based and non-farm based activities/programs are

listed for consideration in the planning of a responsive income restoration program

that will cater to the needs and preparedness of each eligible households:

- Piloting of selected production and income generating opportunities that

are endorsed by the province and district. Vocational training and non-farm

based employment should be in a first priority.

- Intensive agricultural production for farmers who still have remaining

productive land.

- Priority employment for qualified persons of both genders during the

construction and operation of the Project.

- Skills training program for persons wishing to receive training on selected

fields. The training should be on (i) vocational courses; (ii) intensive

farming; (iii) animal husbandry; (iv) aquaculture; (v) managing small

business.

- For households who wish to venture into small businesses, the Project will

provide seminars on entrepreneurship (idea generation and visioning, basic

sales, marketing and finance management).

The aforementioned possible income restoration activities are generic in nature,

tentative and initial and, therefore, cannot be used as basis for detailed planning.

During the conduct of detailed measurement survey (DMS), the consultants will help

design and implement the income restoration program and will spearhead the

process of identifying the livelihood activities of each household by evaluating the

household’s specific needs against the household’s preferences, inclination and

preparedness, and by assessing the availability of external support needed by the

household to pursue its chosen livelihood activities. The consultants will investigate

and evaluate possible employment, credit facility and provider of training when

conducting needs and opportunities assessment for each participating eligible

household.

The singular objective of the income restoration program is to help the affected

households whose remaining land is not viable for use, rebuild their sources of

livelihood and thus regain, if not improve, their pre-project standards of living. In



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addition to the principles governing the project resettlement policy, the income

restoration program will abide by the following precepts: be responsive to the

specific needs and attuned to the level of preparedness of the household; be

sustainable and geared towards self-determination and empowerment rather than

dependence; foster justice and fairness, camaraderie, social consciousness; and, be

gender sensitive and environmentally sound.

Moreover, depending on its needs, preferences, and available human and material

resources within the household and those that the project could provide, each

participating eligible household may engage in one main source of livelihood to be

augmented by secondary livelihood activities, especially when the main livelihood

does not yield immediate returns, such as livestock and crop production. Secondary

livelihood activities will help provide for the daily sustenance of the household in the

interim. A key ingredient of the program is to ensure that each DP household has the

means for daily sustenance. Planning and implementation of selected income

restoration plans will be based on extensive and well-documented consultation with

the affect people.

Information pamphlets for each program will be prepared by PMU 85 and will be

made available to households and in commune offices. Information will include but

not limited to the following:

- Production (farm and non-farm based)/Income-generating activities: type

of program, investment costs and net returns, time frame for income

stream to develop, sustainability, and risks.

- Project-related opportunities: type of workers needed, duration of

contract, minimum salary and benefits, schedule, basic

requirements/qualifications of workers, contact persons.

- Employment opportunities: name and address of organization, nature of

organization, number of required workers, basic requirements/

qualifications of workers; trainings to be provided; minimum salary and

benefits, contact persons,

- Skills Trainings: type of trainings, objectives, duration, cost to trainee,

qualification of trainee, type of certification to be issued upon completion

of training; links to jobs.

- Access to credit: type of loans; requirements to avail loan, term of

payments and interest rates, risks involved.



Page 79

The consultants of PMU 85 will be composed of various experts to design, implement

and administer various programs. The process of planning appropriate income

restoration activities of eligible households begins about the same time as that of the

DMS. Data gathering and in-depth investigation of needs and opportunities will be

done in parallel with the DMS. The various income restoration activities planned and

agreed with the participating households will be included in the updated RAP

including the analysis of risk, marketing for the planed programs etc. The

implementation of the program will be monitored regularly to ensure that targets are

achieved and will be included in the resettlement progress report. An evaluation of

the income restoration program will be conducted to sum up what has been

achieved, to identify additional interventions, as needed; and to draw out lessons and

insights. The affected households participating to the programs, activities will be their

allowance as described above.

(d) The process for economic restoration during RAP implementation

The following activities and steps to help the affected households whose remaining

productive land is not economically viable will need to be done by PMU 85 and

DCSCC.

- Finalize the list of the affected DPs whose remaining productive land is not

economically viable in each commune, consult and finalize the choices of

DPs to the programs or for self-employment.

- Based on land acquisition schedule (linked to the construction works

required) design for different programs (objectives, list of trainees, agenda

of training, marketing, risk analysis, cot of the program or activity,

monitoring and evaluation). It is better to (i) implement the economic

restoration before acquire land for the project; (ii) pilot with some

selective programs first, then draw the lesion learned for the subsequent

programs; (iii) each program should be carefully design with the

participation of stakeholders and with details analysis on the potential

risks, marketing to make sure that they will be sustainable; and (iv) good

mechanism of monitoring and evaluation for the programs to draw the

lessons learned for the subsequent programs.

- Determine requirement of company; assess qualification of affected

households; assess trainings and certifications required in order for

households meet the requirements for employment;

- Assess manpower, qualified individuals to teach various programs.

Determine facilities and equipment available. Certification issued as an

additional credential Cost of training for trainers and trainees.

- Suitability of trainings to individuals; link for employment after training.



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- Information dissemination needed to properly inform affected households

available trainings7, duration, fees, and importance of certificates issued

by training institutions.

- To determine: clear conditions and requirements in order for households

to avail loans; terms and interest rate vis-à-vis capacity of households to

re-pay; role of PMU 85 and DCSCC to facilitate/ assist households to avail

loans; fees to be incurred during loan processing; sustainability and risks

assessment to ensure that households do not end up in debt.

Information dissemination needed to properly inform affected households the

pros and cons of each program.

- Develop a mechanism and closely monitor the use compensation money

by DPs in order to help them avoid the risks and maximize the

effectiveness of investment from the compensation package. Specially

care to the vulnerable groups, DPs plan to manage employment

themselves through monitoring and evaluation system.

Implementation of livelihood restoration programs, including outcome of the

training, extension services etc. will be closely monitored by the project authorities as

well as by the external monitoring agency.

A post-implementation evaluation by the external monitoring agency would be

carried out six to 12 months after completion of resettlement implementation to

determine whether the objectives of the income rehabilitation and livelihood

restoration have been achieved. The project authorities will provide additional

resources for continued assistance to the DPs until they have restored their

livelihood at least to the pre-project levels.

7 7 It is noted that, one member of each household who is entitled to income rehabilitation assistance would be

included for any training programs and that at least 30% of the candidates thus selected will be women.



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VIII. CONSULTATION, PARTICIPATION AND

INFORMATION DISCLOSURE, DISSEMINATION

VIII.1. Purposes and contents of consultation and information dissemination.

The general objectives of Consultation with participation of the affected people and

stakeholders are:

- To fully disseminate key information about the project to the affected

persons, local authorities and other stakeholders such as local NGOs (e.g.,

project background, purposes, studied alternatives, environmental and

resettlement issues etc.).

- To obtain information about the needs and proposed priorities of the

affected persons, local communities, local authorities, local NGOs as well

as their reactions/feedback to proposed studied alternatives of the routes,

resettlement policies and other relevant activities.

- To obtain the cooperation and participation of the affected persons,

relevant institutions through all phases of resettlement planning and

implementation.

- To ensure transparency in all activities related to land acquisition,

compensation, resettlement and rehabilitation measures.

Information dissemination, consultation and participation were and will continue to

be carried out through entire period of RAP implementation and through different

channels and instruments, such as:

- Meetings with provincial, district, commune and village leaders and

representatives of their key departments to study about the compensation

and relocation policies of the city and province; the principles of

determining the compensation cost, replacement costs in localities and

potential of land for replacement, possibilities of economic restoration

programs, employment in the locality, among others.

- Meetings with local organization such as women’s unions, farmer’s

association, father front, veteran’s association etc., to draw their concerns

and suggestion to RAP.

- Meetings with all affected communes and affected households, including

conduct of group meetings with women, the elderly, and other vulnerable

groups.

- Distribute resettlement pamphlet to leaders of communes and affected

people.

- Conduct of socio-economic and affected property surveys with the latter



Page 82

asking households about their choices of relocation sites, options for

compensation, i.e. “land for land or cash for land”; proposals for economic

restoration activities as well as other concerns of the different affected

groups.

VIII.2. Consultation during RAP preparation.

From December 2008 to March 2009 and from December 2009 to January 2010,

many meetings with related institutions including the Provincial Departments, the

District People’s Committees, Leaders of affected communes, DCSCC, Farmer

Association, Vocational Training Centers, Agricultural Extension Centers and Banks or

Loan Management Institutions, Industrial Zone Management Boards were carried

out. The key objectives, principles of compensation and resettlements as well as all

additional assistance were brought to discuss in those meetings. The consultation for

the RAP preparation consists of two rounds:

a. The first round is for an Interim RAP

In December 2008, the PMU85 with the assistance of resettlement team held a

meeting with Hoa Vang district. The meeting introduced to local authorities and local

NGOs about:

(i). General information on the project

(ii). List of affected districts, communes and scale of land acquisition for the

project.

(iii). Objectives and Principles of RAP according to the requirements of GOV

and including WB’s policy on involuntary resettlement.

(iv). Schedules of socio-economic survey and IOL

(v). Livelihood restoration through RAP

(vi). Compensation and relocation modes (options to cash or in kind

compensation)

(vii). Gender issues in RAP; and

(viii). Mechanisms of participation, complaint, monitoring and evaluation

through all phases of RAP preparation and implementation. The

compensation and resettlement pamphlet for the first round of

consultation was prepared under the agreement of PMU85 and will be

disseminated to all participants in meetings.

The resettlement consultant proposed to discuss following issues:

(i). The area of remaining residential land which is needed to relocate

(consultant proposed the area of 40 m2 for the urban area and 100 m2



Page 83

for the rural area).

(ii). Possibility of arranging “land for land” compensation in the district,

commune, especially agricultural land.

(iii). Potential risks if insufficient productive land for land compensation.

(iv). Preference of local people and local authorities on the modes of

resettlement (to the relocation sites or self-relocation).

(v). Compensation cost.

(vi). Potential of employment and economic restoration programs in the

localities.

(vii). Mechanisms of payment, complaint.

(viii). Gender and vulnerable group issues.

The meetings were held with Hoa Vang district are described as in table below.

Table VIII.1: Meetings in affected districts

No Meeting Time Venue Participants

1 Hoa Vang district March 2009 Hoa Vang DC office

03 Leaders of District PC

Responses from meetings were collected and analyzed, including:

The area of remaining residential land that is needed to relocate is 40 m2

for the urban area and 100 m2 for the rural area. Besides, the shape of the

remaining residential land is also considered. If the area is more than 40m2

in urban area and 100m2 in rural area, but the shape is not enough to build

a house, relocation would be applied. For the productive land, many

participants requested that if the remaining area is < 300m2 it would not

economically viable, the project has to acquire for a whole plot.

In term of possibility of “land for land” compensation model in the districts,

communes, especially agricultural land: All communes and the district

confirmed that there is no public agricultural land to compensate for

agricultural land. However, most of interviewees said that It would not be

difficult to buy land from the other households in the affected areas

provided that the price of land compensation is sufficient compared to high

price of land in the local market.

Concerns on compensation cost: Hoa Vang district said that the

compensation costs need to be based on prices at the market price,



Page 84

especially the agricultural land. The compensation price should be surveyed

and evaluated by independent evaluators. Potential of employment and

economic restoration programs in the local areas: Participants in the

meetings requested for the assistance on loans for DPs to develop their

households economic, the vocational training and employment priorities in

project construction sites. Da Nang City has programs of training for people

who are impacted by land acquisition. Skills requirement including garment

industry, mechanics, electrician etc. It was advised by local authorities that,

the project should not pay cash for HHs to generate employment

themselves; it should be organized through the programs or activities to

make sure that allowance for economic restoration is used in a right

purpose and with a sustainable results.

Mechanisms of payment and complaint: All the participants to the

meetings suggested that the District Compensation, Site Clearance and

Resettlement Committee should make compensation payment though

Communal Leader and/or at the communal office. Besides, both husband

and wife in a household are required to be present at the payment time.

Gender and vulnerable group issues: Most of participants gave suggestions

that the project should pay a special attention in economic restoration to

the vulnerable groups (elderly, disable persons, poor families and female-

headed HH etc.).

Capacity and experiences of District Compensation, Site Clearance and

Resettlement Committee with national and international financed projects:

All districts confirmed that they have their district compensation, site

clearance and resettlement committees, which could implement for the

RAP of the project (they are experienced with DMS, compensation

calculation, payment arrangement etc.). However, they requested that

these Committees need capacity building, especially for implementing the

RAP according to WB’s requirements and programs of economic

restoration. The districts also need the working facilities for their

compensation committees to effectively implement for the project RAP.

b. Second round of consultation is a draft RAP and final RAP

The purpose of this round consultation is to:

- Disseminate to stakeholders (DPs, local authorities, local NGOs, Local vocational

Training Centers, Agricultural Extension Centers, Residential Site Developers, Building

Designers, Contractors etc), especially at the commune level the further detailed

information related to the project and planning for compensation and resettlement



Page 85

(draft entitlement policy, effort in seeking replacement land for compensation,

potential of resettlement sites in each commune, DPs’ options to the economic

restoration programs and local capacity and experience in implementing the

livelihood restoration, possibility of employment in the industrial zones and to the

relocation modes etc).

- Get the feedbacks from stakeholders for preparing a draft and final RAP.

From September to early November 2009, the second round of consultation was

carried out. In this period, stakeholders, tools and the contents of consultation are as

follows:

(i) Prepared and disseminated to all affected HHs and affected communes a

pamphlet of compensation and resettlement for the second round of

consultation and participation. This pamphlet included (a) project

background, (b) summary on the key contents related to RAP (objectives

and principles, legal framework, entitlement policy, land acquisition

impact, economic restoration programs, resettlement arrangements,

implementation arrangement, mechanisms of DMS, approvals on land

recovery and compensation plan for each HH, payment, complaint,

supervision and monitoring, implementation schedule). This pamphlet was

prepared by resettlement consultant team, which had sent to WB to

review and agreed by PMU85.

(ii) Held meetings (03 meetings in 03 communes) with all affected households

and representative of affected communes. Meetings and interviews were

also held with senior staffs of relevant departments (DONRE, DOF, DOC,

DOLISA etc) of Da Nang and local NGOs, affected district to consult about

the status of land use map (cadastral map), process of DMS, steps of

information disclosure and approvals for land recovery, potential of

resettlement sites or residential areas in each commune, compensation

plans, potential of resettlement sites, feasible economic restoration

programs/activities, possibility of employment in the project localities,

vulnerable groups and gender issues as well as mechanisms grievance and

payment compensation to DPs. The separate discussion by different groups

were held after a general session such as groups of affected women, group

of poor families etc; feedbacks from stakeholders on the entitlement

policy, economic restoration programs for the DPs affected by loss of

productive land, assistance to relocation, to the vulnerable groups, needs

for building capacity in implementing RAP and implementation

arrangements (responsibilities, schedules etc.,) were obtained.



Page 86

Main feedback from the meetings of the second round consultation is summarized as

follows:

Most of participants supported for a draft of compensation and

resettlement policy developed for the project.

Leaders of communes confirmed that there are no ethnic minorities in the

project area. About the potential of the sites for relocating people,

participants said that there is no sites are planned in the commune. Seven

households said that they have residential land outside of the project area

and confirmed that they would not have any difficulty in self-relocation.

People also suggested that local authorities should consider letting the

households who are fully affected on residential land to convert some areas

of their other land to residential land in order to reduce the need for the

resettlement site development in the locality. Participants request that if

the relocation site would be constructed for the relocating households, it

must be developed with good quality of physical infrastructure and social

services.

Among 114 affected people were interviewed, 80% preferred to the

livelihood restoration programme, paricitpation in vocational training,

invest to the education for their children, participate to the agricultural

extension programs etc. About 30% of participants at the meetings

requested for the help on seeking the jobs after the training and help them

accessing to loans. Most of participants appreciated on the policy and

request the project to pay attention to the vulnerable groups. About

receiving compensation payment, participants proposed that, both

husband and wife should be present to receive compensation and sign for

the receipt of payment.

Table VIII.2: Preferences, choices of DPs to the modes of economic restoration

Districts

Number of

HH by loss

of

productive

land

Total

affected

HHs

surveyed

with

census

and IOL

Number of HH

prefer cash for

self-

employment

Percentage of

HH prefer cash

for self-

employment

Number of

HH prefer to

economic

restoration

programs

Percentage of

HH prefer to

economic

restoration

programs

Hoa Vang 416 114 91 79.8 23 20.2

Total 416 114 91 79.8 23 20.2

A summary of draft RAP will be prepared by PMU 85 and disseminated to authorities

of affected districts and affected communes. A full draft RAP will be sent to DONRE

and DOF of Da Nang City for their review and concurrence.



Page 87

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Community meetings: After decision on land, acquisition is obtained and before

starting detailed design, community meetings will be held to announce

supplementary information to DPs and create a chance to discuss publicly about

policies and resettlement procedures in every affected site. All DPs will be invited to

participate in the meeting and to give ideas.

Related information and documents will be delivered to DPs in this meeting.

Methods of meeting include:

a) Verbal explanations, images, drawings and documents of the Project.

b) Adequate opportunities will be provided for DPs to present their wishes, to

raise their questions and comments and to get immediate feedbacks. DPs are

encouraged to contribute their ideas for rehabilitation and relocation options.

c) The DCSCC and District/Ward’s authorities will prepare a complete list of all

DPs present at the meetings.

d) The DCSCC will make a complete record of all questions, comments, opinions

and decisions that arise during the information/consultation meetings, and

present a report of all the meetings to the Da Nang City PC .

Content of the meetings will include: Project component information, project

impacts: compensation entitlements and rehabilitation of DPs; grievance

mechanism and procedures; participation & consultation entitlement;

resettlement activities; implementation progress etc. their agreement with

the assessment. Any complaints the DPs have about the contents of the form

will be recorded and will be solved at this time.

e) Consultation regarding DPs preferred option for rehabilitation assistance. This

applies to DPs affected by loss of productive land and vulnerable DPs.

f) in order to ensure transparency, a copy of the DMS surveys will be given

to the affected DP for his/her record. Moreover, a summary form for

each affected household will be prepared and a copy will be given to DPs

summarizing lost assets, applicable compensation rates and entitlements.

Consultation and participation with stakeholders will be done through entire period

of RAP implementation in order to make sure that stakeholders will participate and

give their feedbacks to all aspects of RAP and to make sure that RAP will be

implemented in a transparency way.



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VIII.3. Consultation during RAP Implementation

At the beginning of Compensation and Resettlement implementation, meetings will

be held with and information dissemination to stakeholders to inform them about

the policy, implementation process (e.g., mechanisms of DMS, land recovery,

participation and consultation procedures, publicize for the approvals, complaint

redress mechanism, monitoring and evaluation etc). These are required as the

policies of the World Bank and Decrees 197/2004; 84/2007 and 69/2009 of GoV. This

task will be done by PMU 85, DCSCC and commune authorities.

VIII.4. Disclosure

The DCSCC will disclose (i) Approved RAP at the offices of DONRE and DOF of Da Nang

City and at the offices of affected district; (ii) A pamphlet of Compensation and

resettlement will be prepared by PMU 85 and disseminated to DP and affected

commune authorities. The pamphlet will include at least the following information:

(a) project background, (b) summary on the key contents related to RAP (objectives

and principles, entitlement policy, land acquisition impact, economic restoration

programs, resettlement arrangements, implementation arrangement, mechanisms of

DMS, approvals on land recovery and compensation plan for each HH, payment,

grievance redress mechanism, supervision and monitoring, implementation

schedule).

Besides that, A summary of draft RAP will be prepared by PMU 85 and disseminated

to authorities of affected districts and affected communes. A full draft RAP will be

sent to DONRE and DOF of Quang Nam province for their review and concurrence.

Full approved RAP will be also disclosed at the Info shop of the World Bank

headquarters and at the VIDIC of the World Bank office in Viet Nam. Translation of

Entitlement Matrix will be disclosure at public places in each commune.



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IX. IMPLEMENTATION ARRANGEMENTS

IX.1. Responsibility

The following key institutions (the project owner, local authorities, local NGOs etc.)

will be responsible and accountable for RAP implementation.

(1) The Vietnam Expressway Corporation (VEC) and Project Management Unit 85

(PMU 85)

The VEC under the Ministry of Transport (MOT), is the Executing Agency of the

Project. It is responsible for realization of the Da Nang - Quang Ngai Expressway

Project, including resettlement policy framework.

PMU85, on behalf of the VEC, has direct responsibility and day-to-day management

oversight for implementing all aspects pertained to the Expressway’s works, including

planning, programming, budgeting, design, implementation, monitoring, evaluation,

ensuring overall project’s coordination and supervision of resettlement activities and

coordination/liaison with the World Bank. It will have the following key

responsibilities:

- Updating DMS information in collaboration with the People’s Committees

at various levels and the Compensation, Assistance and Resettlement

Boards of the provinces and districts and preparation of Compensation

Plans for each commune or section. Where the number of DPs exceed by

more than 10% compared to that identified at the time of the draft RAP,

the compensation plan would be submitted to the WB for information;

- Secure the budget for implementing the RAP, ensuring that funds for

resettlement (i.e., compensation and all other entitlements) are available

in a timely manner and in sufficient amounts;

- Assist local authorities, District Compensation Committees and GRCs in

resolving grievances and complaints of the affected households.

- Contract a professional appraiser to conduct Replacement Cost Studies to

establish prevalent market prices for different types/categories of affected

assets and if the rates thus established are found to be higher than those

established by the provincial authorities, submit the findings of the RCS to

the province for upward revision of the rates to ensure that all

compensation is paid at replacement cost.

- Provide overall guidance and coordinate closely with the concerned



Page 90

departments and local authorities on social- and resettlement-related

activities for the project.

- Provide standardize DMS and IOL forms and guidance in setting up data

management system at each province and district. Coordinate with the

district and commune authorities to regularly update information on the

status of resettlement implementation.

- Provide orientation, as needed, to the People’s Committees of the

province, districts, and communes, the DCSCCSC and related groups

regarding the Project and its Resettlement Policy, and on the specific tasks

of these groups in connection with the preparation, updating, and

implementation of the RAP;

- Coordinate with the Provincial People’s Committee of Da Nang to

reinforce for the DCSCC at the district level.

- Together with the DCSCCSC, spearhead field activities in connection with

the preparation, updating, and implementation of the RAP, such as

dissemination of project information and consultation with affected

households and other project stakeholders;

- Coordinate with the Provincial/District Land Administration Offices for the

expeditious allocation of replacement land to eligible affected households;

- Supervise and monitor the preparation, updating, and implementation of

the RAP.

- VEC will ensure that the contractors, under their contract specifications,

are required to take extreme care to avoid damaging property and

businesses during their construction activities. Where damages do occur,

the contractor will be required to pay compensation immediately to

affected families, groups, communities, or government agencies following

the compensation policy specified in the RAP. In addition, damaged

property will be restored immediately to its former condition.

- Contract an experienced External Monitoring Agency to conduct

independent monitoring of resettlement implementation, and for post

implementation evaluation.

- Prepare quarterly progress reports on RAP implementation and submit to

WB and relevant authorities. This includes resettlement audit (payment

and allowances to DPs, cost of development of relocation sites, cost of

income restoration programs, external monitoring, administrative costs,



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and use of contingencies).

- At the completion of resettlement implementation PMU would be

responsible for preparation of Resettlement Completion Report for

submission to the Bank.

(2) Provincial People’s Committee and its relevant Departments

The responsibilities of Provincial People’s Committee of Da Nang and its lower

administrative levels are guidance as in the Decree 197/2004 and Decrees 84/ 2007

and 69/2009 related to implementing compensation and resettlement.

The Provincial People’s Committee (PPC) of Da Nang will be overall responsible for

resettlement activities within its administrative jurisdiction. The main responsibilities

of the PPC include:

- Prior to Appraisal, reinforce the District Compensation and Site Clearance

Committees (DCSCC);

- Establish GRCs at the PC, district and commune levels to ensure

participation of CBOs, NGOs, and other civil society organizations and

representatives of the DPs;

- Review and approve findings of the RCS and revise unit costs, where

necessary, for private and public assets adversely affected by the Project

to reflect replacement cost;

- Approve on land recovery for the project and compensation plans for each

HH.

- Provide guidance in the updating and implementation of the RAP.

- Provide guidance for the outstanding issues in the phase of RAP

implementation.

- Department of Environment and Natural Resources to review dossier

applying for land recovery and submit to the PPC for its approval

- Departments of construction, finance and DONRE are responsible for

review the compensation and resettlement plans for each household and

then submit to the PPC of Da Nang for its approval.



Page 92

(3) District Compensation and Site Clearance Committees (DCSCC)

The District Compensation and Site Clearance Committees (DCSCC), which is headed

by the Leader of DPCs, will include the heads of the Finance Department; the Natural

Resources and Environment Department; Transport Department; Agriculture

Department; Chair of affected communes and PMU 85, in addition to the

representatives of the provincial Farmers’ Association, Women’s Union; and affected

households in that province. The responsibilities of DPC are clearly described in the

Decrees 197/2004 and 84/2008. The main responsibilities of the DCSCC are the

following:

- Coordinate, supervise and manage resettlement activities which will be

done by Commune People’s Committees.

- Updating of the IOL through the conduct of the DMS;

- Coordinate with PMU 85 to prepare the Updated RAP for endorsement to

the PPC;

- Implementation of the RAP;

- Organize, plan and carry out resettlement activities in the district on behalf

of the DPC and under the guidance of the PPC and request of PMU 85;

- Assist the DCSCC in the DMS, consultation and disclosure activities, design

and implementation of income restoration program, coordination with

various stakeholders,;

- Assist in the identification and allocation of land for eligible affected

households;

- Assist DPs by providing logictic support and documentation of purchase of

private agricultural land, where necessary;

- Along with the CPC, assist DCSCC in the timely delivery of compensation

payment and other entitlements to affected households; and

- Assist in the resolution of grievances;

- Prepare resettlement audit report on a quarterly basis.

- The DCSCC need to form at least for the following teams:

- Mapping and DMS team

- Compensation calculation team Relocation arrangement team

- Data base management team (for land recovery, DMS, payment,

relocation arrangement, complaint etc.,).

- Livelihood restoration and community liaison team, including for the



Page 93

settling of complaints

Additionally, DCSCC will work closely with the Detailed Design consultant to ensure

that all the data collected during DMS and for socio-economic saurveys are as

required for efficient resettlement planning and implementation, and for livelihood

restoration programs.

(4) Commune People’s Committee (CPC)

The CPC will assist the DCSCC in their resettlement tasks. Specifically, the CPC will be

responsible for the following:

- Assign Commune officials to assist the DCSCC in the updating cadastral

map and the RAP and implementation of resettlement activities;

- Identify replacement land for affected households;

- Sign the DMS/Agreement Compensation Forms along with the affected

households;

- Corporate with PMU 85 and DCSCC in organizing consultation and

participation of DPs

- Assist in the resolution of grievances; and,

- Actively participate in all resettlement activities and concerns.

IX.2. Implementation arrangements

(1). Reinforcement of District Compensation and Site Clearance Committees

(DCSCC) and commune working groups

The DCSCC in all affected districts were established to implement for all

compensation and resettlement works of all projects in each district. Therefore, to

smoothly implement for this project, all DCSCC need for (i) reinforcement of staff; (ii)

capacity building (especially the capacity building on the project policy, the

implementation of livelihood restoration and assistance to the vulnerable groups as

well as data base management and internal monitoring; and (iii) adequate facilitated

with working facility. The PC of Da Nang City and PMU 85 under MOT will do this task.

Most of DCSCC in Viet Nam are mainly experienced with compensation of the

national policy, but they lack or have very little experience in implementing the social

safeguards as required by the international standard. The areas which most of Project

Management Units and DCSCC are weak are internal monitoring and livelihood

restoration. To effectively plan and implement livelihood restoration activities and

monitor the progress of RAP implementation, recruitment of adequate and qualified

staff for PMU 85 and DCSCC is required. To implement RAP smoothly, in each

commune, an working team will be established (this team will be composed of land



Page 94

management official, deputy Chairman of Commune, representative of women,

farther front, villages etc) to cooperate with DCSCC in RAP implementation.

(2) Operation manual and Capacity building

To implement RAP smoothly, the manual on the RAP operation would be prepared

by the Da Nang City and by the safeguard consultant of PMU 85 with support from

key Departments including district and commune authorities. The manual will clearly

state the principles, objectives of RAP and steps, methodologies used for each

specific task, forms for DMS, Compensation Plan, minutes of settling the complaint

and process/ Step of RAP implementation in general and steps for each specific task

(such as information dissemination, dossiers for approvals of land recovery,

compensation plan, compensation payment, plot allocation, settlement of complain

etc.)

In Vietnam, the implementation of livelihood restoration programs are constrained

due to (i) Weak implementation capacity of the Project Management Unit, DCSCC and

local authorities; (ii) experience of Implementing agencies is limited to compensation

and relocation arrangement; (iii) Lack of involvement of the relevant institutions to

the different aspects of RAP implementation, especially in the livelihood restoration.

Therefore, adequate institutional arrangement and capacity building are very critical.

The human resource at PMU 85, its consultant team and at DCSCC need to be

adequate and qualified for the different positions of tasks, especially the specialists

who are with international and national experience with land acquisition issues.

Capacity building will include of workshops, training and the areas should be focused

are (i) Objective, Principle of RAP and Entitlement policy, (ii) Resettlement

arrangements; (iii) Economic restoration activities and schedule, (iv) Institutional

arrangements, (v) Mechanisms, requirements of monitoring and evaluation,

complaint; and (vi) Conditions of disbursement the fund from the Project for

compensation and resettlement, especially according to the WB requirements on the

procurement and disbursement.

(3) Information campaign

At the beginning of Compensation and Resettlement implementation, meetings will

be held with and information dissemination to stakeholders to introduce, inform all

of them about the policy, implementation process (e.g., mechanisms of DMS, land

recovery, participation and consultation, publicize for the approvals, complaint,

monitoring etc). These are required as the policies of WB and Decrees 197/2004;

84/2007 and 69/2009 of GoV. This task will be done by PMU 85, DCSCC and

commune authorities.



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(4) Consultation and Disclosure

Consultations will be conducted with stakeholders, especially with DPs and

particularly with the vulnerable households. All consultation and disclosure activities

will be properly documented. All minutes of meetings, photos, attendance sheets will

be prepared and recorded. Disclosure of the updated RAP to DPs will be carried out

prior to its submission to WB for review and approval.

The DCSCC will disclose at the Project and Resettlement information kiosks/centers

of districts/communes: (i) draft updated RAP prior to submission for review and

approval by WB; (ii) final updated RAP approved by C/PPC and WB, and (iii) any

revisions to the updated RAP as a result of changes in scope or design layout.

Key information in the updated RAP to be disclosed to the affected households

through the Public Information Booklet, Newspapers, radio/television, and meetings

with affected households, will include (i) compensation, relocation and rehabilitation

options, (ii) DMS results, (iii) detailed asset valuations, (iv) entitlements and special

provisions, (v) grievance procedures, (vi) timing of payments, and (vii) displacement

schedule. The information will be made publicly available in Project and commune

offices and provided to the affected households in the form of a summary RAP, an

information leaflet or brochure.

Monitoring of resettlement implementation reports will also be made available to

affected households and will be uploaded on WB website. In the period of RAP

implementation, information disclose according the requirements in the Decrees

197/2004, 84/2007 and 69/2009 (such as final cadastral map, of draft and final site

planning, draft and approved compensation plans for DPs, all decisions and approvals

related to compensation and resettlement etc) must be followed. It is good practice

that the project and resettlement information kiosks/centers should be set up at the

offices of DCSCC and affected communes and the updated information will be posted

there. It is also a good practice that DCSCC should prepare a Frequent Asked and

Answered Questions (question raised by DPs and answer to them by DCSCC). If this

are well organized, it would minimize the potential of complaint from DPs.

(5) Cadastral maps and land recovery approval

The PMU 85 and DCSCCs to put the benchmarks on the ground for the footprint of

the project affected area and update the cadastral maps for the affected areas of

each commune, get them reviewed and approved by DONRE of Da Nang City. Prepare

dossier to apply for the approval of land recovery (project EIA and cadastral maps).

This dossier will be submitted to DONRE for its review and then to the PPC for its



Page 96

approval. The PPC will approve on land recovery for the project in general and then

the District PCs will issue their decisions on land recovery to each individual

household. The cadastral maps and list of affected DPs will be prepared by DCSCC and

posted at each affected commune office.

(6). Mobilization of Consultants, Independent Valuation Agency and External

Monitoring Agency

Consultants will be mobilized as soon as the loan agreement between WB and GoV is

signed. Independent valuation agency on values of land and other affected properties

will also be recruited by PMU 85 to update the Replacement Cost Study (RCS), get it

reviewed, agreed by PMU 85 and then reviewed, approved by provincial authorities

of Da Nang City. This task will be carried out in parallel with the DMS. The external

monitoring agency will be selected prior to commencement of DMS activities. The

external monitoring activities will begin as soon as the DMS and entitlements are

finalized based on the rates established by the RCS and approved by the PPC. The

Terms of References (TORs) for the replacement cost study and External monitoring

will be prepared by PMU 85. Consultants for these services should not by any

company or agency, which established or under the management of the Government

authorities.

(7). Conduct of Detailed Measurement Survey

The conduct of the updated Census and Detailed Measurement Survey (DMS) will be

done after the approval of the Da Nang City on land recovery for the project. The

DMS will be done by DCSCCs following final design and staking of the road alignment.

The procedures for the DMS are similar to those for the IOL; i.e., detailed recording of

all land and non-land assets. The DMS form should be similar to the IOL from used

for this RAP in order to cover all information needed to determine all types of

impacts for the entitlement of DPs. It should be noted that at the time of DMS

activities, all DPs are required to submit copies of LURCs or any legal papers to assist

DCSCC in the preparation of the Compensation Plan. All DMS forms are reviewed and

signed by DPs as well as relevant parties involved to these activities are required by

the laws (e.g., Representatives of commune, DCSCC and Surveyor etc.). The DMS

form then need stamped by commune authorities and DCSCC, one copy of DMS will

be kept by the affected household. In case of any disagreement on the DMS, the DPs

will not sign the DMS forms until the issues are resolved following the grievance

redress process.

A new socio-economic survey will be carried out if RAP updating does not commence

within two years as demographic and socio-economic factors may change

significantly. It will at least cover 20% of DPs affected by loss of productive land and



Page 97

at least 10% of other DPs. However, information on socioeconomic characteristics for

which the households would be entitled to assistance such as: tenure status,

household incomes (to determine poverty status), other vulnerability characteristics;

would be collected for all the affected households. Further, particular attention

would be paid to document all registered and un-registered business losses including

those of business establishments and industries.

The DMS would also pay particular attention to the ownership status or claims on the

land within the ROW and conduct extensive consultations with the DPs to reach

consensus on the claims and any entitlements that may emerge from such

consultations.

(8) Establishment of GRCs

The Grievance Redress Committee8 (called GRC) at 03 levels (commune/district and

provincial level) will be established at the time of the project announcement publicly.

At each level, the committee members will include 5-7 representatives from: PMU,

CRC (1-2 persons at each 03 level), mass organization/civil society/CBOs/NGOs (1-2

persons), Lawyer Union/associations, and DP representatives. GRCs will be

established by representative PPCs as soon as the RAP is approved by Government of

Vietnam.

(9). Compensation, Resettlement and Assistance Plan

Together with the result of the Replacement Cost Study as reviewed and approved by

the PPC, DMS form will be the used as the basis for preparing the Compensation,

Resettlement and Assistance Plan for each affected household. The Compensation,

Resettlement and Assistance Plan for each affected household will be prepared by

DCSCC, reviewed by DOF and then approved by Quang Nam PPC or by its delegated

authorities . The official list of DPs, their losses, and corresponding payments

(compensation and allowances, incentive etc.,) will be disclosed to the affected

people and post at the affected commune offices for affected DPs to check and give

feedback to DCSCC (as required in the Decrees 197/2004 and 84/2007). Then

Compensation, Resettlement and Assistance Plans will be submitted to DOFs for their

review and to the PPC for the approval. Any disagreement on Compensation,

Resettlement and Assistance Plan will not be signed by DP until it is resolved

following the grievance redress process.

8 The Committee will be established separatedly with District Resetlement Committees



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(10) Planning for Relocation and Resettlement Site Development

The VEC, or PMU 85 together with Quang Nam province will responsible for planning

relocation and resettlement site. The resettlement site will be located close to the

project boundary and acceptable to the DPs.

(11) Planning for Income Rehabilitation Assistance

The income rehabilitation assistance programme will be prepared for DPs affected by

loss of productive land or relocated DPs, the income rehabilitation assistance might

be, includes credit loan, vocational training, job creation...

The Income Rehabilitation Assistance/Training will be delivered during the

implementation of compensation to DPs, until the DPs have restored their livelihood

to pre-project levels.

(12). Compensation payment

The Approved Decision on the Compensation, Resettlement and Assistance Plans will

be posted at the commune offices to inform DPs and commune authorities. Each

household would be provided with a Summary Compensation Form showing the

summary of affected assets, compensation rates used to determine compensation,

and entitlements for allowances and other assistance. All households with the

approved plans will invited by DCSCC to receive their entitlement in cash. Payment

will need the presence of both husband and wife and with their identity cards. The

payment will be done by DCSCC or through local Bank with the supervision of

commune authorities.

(13) Resettlement Site Development and Relocation of DPs

The resettlement sites will be available 6 months (or at least 3 months) prior to the

project construction. Any relocated DPs, who are not assigned to land plot at the time

of the project construction will be entitled to get rental housing assistance for their

period of temporary residence.

(14) Preparation of Resettlement Completion Report

An EMA will be hired by the project owner and an Resettlement Completion Report

will be prepared when the compensation to DPs and construction completed. The

Resettlement Completion Report will provide in detail the category and scale of

impacts with the number of DPs in each category, detailed cost of compensation and

other components with the quantities/number of affected assets and number of DPs

for each type of resettlement cost component, compensation rates and total cost.



Page 99

The Resettlement Completion Report will also provide comparative details on the

compensation rates established by the province and determined based on the

Replacement Cost Study and consultation with the DPs to ensure that the final rates

for assessment of compensation reflect prevalent market rates.

In case the review by the Bank identify any gaps in compliance of the policy and

entitlements specified in the RAP, additional assistance to the DPs would be

provided, as necessary.

IX.3. RAP implementation schedule

An implementation schedule for RAP is linked to the project physical works schedule.

It needs to be prepared in details by each DCSCC and the social safeguard team of

PMU 85 for quarterly or semi-annual plans. The main tasks and time respectively are

planed as table below.

Since planning and development of resettlement sites and income restoration

measures require coordination between several agencies and often a slow and long-

term process, these activities will be initiated as soon as the approval for the final

RAP is obtained and its implementation begins.



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Table IX.1: Proposed schedule for RAP implementation with key activities

No Activities Target time

2009 2010 2011 2012 2013

1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 6

1 Preparation of RAP

1.1 Surveys and consultation for preparing RAP

1.2 First Draft RAP submitted for Provinces and WB’s review

1.3 Disclose and disseminate a draft RAP

1.4 Submit a final RAP to the WB; Viet Nam relevant authorities for their clearance and approvals.

2 Preparation of Resettlement implementation

2.1 A summary of project background and RAP disseminated to all affected communities and DPs.

2.2 Approval of Da Nang PPC on land recovery for the project areas

2.3

Inform affected districts, communities, DP about the decision of the PPC on land recovery for a whole affected areas and plan for DMS.

3 Carry out DMS

3.1 Update detailed measurement surveys and census of DPs

3.2

Replacement Cost Survey & Finalization of compensation rates and entitlements for each household

3.3 Planning income rehabilitation assistance programs

3.4 Pay compensation and other allowances to DPs



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No Activities Target time

2009 2010 2011 2012 2013

1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 6

4 Resettlement sites development

4.1 Proposal for the potential sites

4.2 Approval for potential sites of city/province PC

4.3 Final selection of RS in consultation with the DPs

4.4 Prepare TOR and selection of consultants for site planning and detailed design

4.5 Prepare a draft detailed planning according to Vietnam standards

4.6 Consultation with stakeholders on the site planning, get feedback from them.

4.7 Disclose the approved planning at the affected communes.

4.8 Detailed Design and Bidding Document based on the approved detailed planning.

4.9 Selection of contractors for the site construction.

4.10 Construction of the site

4.11 Demarcate Plot

4.12 Allocate Plot to HH based on the regulation of plot allocation

4.13 Construction of Houses and Public social services (done in parallel)

4.14 Relocation of HHs

5 Monitoring (internal and external)

6 Post-implementation evaluation of resettlement



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X. MONITORING AND EVALUATION

X.1. Internal monitoring

The Land Acquisition and Resettlement Unit under PMU 85 will serve as the Project’s

internal monitoring body. As such, the PMU 85 will maintain a file of all data gathered

in the field, including a data base on the affected households. The PMU 85 in turn will

include updates on resettlement in its regular progress reports to MOT and WB.

Social monitoring reports will be made available to the affected households and will

be submitted to WB for its review and concurrence. Internal monitoring and

supervision will have the following objectives:

(a) Compensation and other entitlements are computed at rates and

procedures as provided in the approved RAP, with no discrimination

according to gender, vulnerability, or any other factor;

(b) Affected households are paid their compensation and other

entitlements as per approved updated RAP, ensuring that all

entitlements are delivered as planned and agreed, including

compensation in cash or in kind, allowances, replacement land,

resettlement sites developed and people moved onto them; Grating of

LURC to relocating HH at the resettlement sites.

(c) Income restoration programs designed and delivered including

modifications in the programs and provision of additional cash and in-

kind assistance to the participating affected households as and when

necessary;

(d) Public information, public consultation and grievance redress

procedures are followed as described in the approved RAP;

(e) Affected public facilities and infrastructure are restored promptly; and

(f) The transition between resettlement and commencement of civil works

is smooth and that sites are not handed over for civil works until

affected households have been satisfactorily compensated and

resettled.

X.2. External Monitoring

The main objective of external monitoring is to provide an independent periodic

review and assessment of (i) achievement of resettlement objectives; (ii) changes in

living standards and livelihoods; (iii) restoration of the economic and social base of



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the affected people; (iv) effectiveness and sustainability of entitlements; and (v) the

need for further mitigation measures.

Strategic lessons for future policy formulation and planning will also be drawn from

the monitoring and evaluation of resettlement. This is possible through a Post-

Resettlement Implementation Evaluation Study that will be carried out carry out 6-12

months following completion of all resettlement activities.

The external monitoring agency (EMA) will be recruited prior to RAP implementation

activities. Relative to compliance monitoring during resettlement implementation,

the main activities of the EMA will revolve around the following:

(a) Review implementation capacity of DCSCC, existing baseline data and

gather additional socio-economic information, as necessary, on sample

affected households;

(b) Monitor updating and implementation of the RAP;

(c) Identify any discrepancy between policy requirements and actual

implementation of resettlement;

(d) Monitor the resolution of complaints and grievances of affected

households; and

(e) Provide recommendations for improving resettlement updating and

implementation.

(f) Issue certification that each DP has received the full payment in accordance

with the entitlements specified in the RAP.

(g) Carry out compensation and resettlement audit.

Specific to resettlement updating and implementation activities, the EMA will

monitor and evaluate specific issues such as the following:

- Public consultation and awareness of resettlement policy and

entitlements;

- Coordination of resettlement activities with construction schedule;

- Land acquisition and transfer procedures;

- Construction/Rebuilding of replacement houses and structures on

residual ROW or to new relocation sites (outside the ROW);

- Level of satisfaction of DPs with the provisions and implementation of

the RAP;



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- Grievance redress mechanism (documentation, process, resolution);

- Monitor the types and level of assistance provided by project

authorities to the DPs who wish to purchase replacement private

agricultural land;

- Effectiveness, impact and sustainability of entitlements and income

restoration programs and the need for further improvement and

mitigation measures, if the objectives of the project are not fully

achieved. Identify DPs who have not been able to restore their income

levels and in need for continued assistance.

- Relocation site development (housing and market) from identification

of sites in consultation with DPs, to resettlement site development and

relocation of DPs. Land title issues and process of land title granting.

- Capacity of DPs to restore/re-establish livelihoods and living standards.

Special attention will be given to DPs affected by loss of productive

land and vulnerable DPs;

- Resettlement impacts caused during construction activities.

- Participation of DPs in RAP updating and implementation

The methods to be employed by the EMA in its monitoring work are

summarized here under:

(a) Review of detailed measurement survey documents to be able to establish

a baseline for monitoring and evaluating project benefits. The EMA to

check on a random basis the DMS process with DPs from identification to

agreement on DMS results. During the conduct of the DMS, the EMA will

also monitor the DMS process to determine and assess if DMS activities are

being carried out in a participatory and transparent manner.

(b) Review of Socio-economic Survey (SES) baseline. If land acquisition does

not occur for at least two years, EMA will carry out another SES. A post

resettlement survey will be carried out one year following completion of

resettlement activities. Sampling will include 20% of DPs affected by loss of

productive land as well as at least 10% of all other DPs. The same DPs

interviewed during RAP updating will be interviewed. Special attention will

be paid to the inclusion of women, the very poor, the landless and other

vulnerable groups, with set questions for women and other target groups;

and, the database disaggregates information by gender, vulnerability and

ethnicity

(c) Participatory Rapid Appraisal (PRA), which will involve obtaining



Page 105

information, identifying existing or potential problems, and finding specific

time-bound solutions through participatory means including: a) key

informant interviews; b) focus group discussions on specific topics such as

compensation payment, income restoration and relocation; c) community

public meetings to discuss community losses, integration of resettled

households in host communities or construction work employment; d)

direct field observations, for example, of resettlement site development; e)

formal and informal interviews with affected households, women, ethnic

minority, and other vulnerable groups to monitor and asses the progress

the DPs are making to restore their living standards; and, f) in-depth case

studies of problems are identified by internal or external monitoring and

required special efforts to resolve. The PRA will also focus on good practice.

(d) Resettlement audit will be conducted during the monitoring period. The

EMA will be present at the time of disbursement of payments to DPs during

monitoring. The EMA report will include resettlement audit per monitoring

period.

(e) The Terms of Reference for External Monitoring will be prepared by PMU

85 and get it agreed by WB before inviting for external monitoring for RAP.

(f) The EMA will prepare monitoring reports every three (3) months up

through the period when DPs receive compensation and remove from

acquired land. The EMA will also conduct a post-resettlement evaluation

twelve (12) months after compensation and relocation are completed. All

EMA reports will be submitted to PMU 85 with a copy submitted to the

WB and to the VEC directly.



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XI. GRIEVANCE REDRESS MECHANISM

A well-defined grievance redress and resolution mechanism will be established to

address DP grievances and complaints regarding land acquisition, compensation and

resettlement in a timely and satisfactory manner. All DPs will be made fully aware of

their rights, and the detailed procedures for filing grievances and an appeal process

will be publicized through an effective public information campaign. The grievance

redress mechanism and appeal procedures will also be explained in the Project

Information Booklet (PIB) that will be distributed to all DPs The PIB will be prepared

and distributed to all affected communities during the meetings.

For the purposes of grievance redress and resolution, A Grievance Redress

Committees at province, district level and commune levels will be established. These

Grievance Redress Committees will draw its members from PMU85, DRC/CRC,

lawyers association, women’s association and other CBOs and NGOs, and

representatives of the DPs.

At each level, the committee members will include 5-7 representatives from: PMU,

CRC (1-2 persons at each 03 level), mass organization/civil society/CBOs/NGOs (1-2

persons), Lawyer Union/associations, and DP representatives , which is a positive

way to resolve issues that concern DPs. Participation of civil society members and

DPs representatives would ensure that the GRCs function without any coercion,

remain independent, and discuss all the issues and complaints, and take decisions in

an objective and transparent manner.

The commune officials, in coordination with the PMU85 staff, will make all attempts

to settle DP issues at the commune level through community consultation. However,

where DPs are still dis-satisfied with the outcome of these attempts and have

outstanding complaints and grievances would be encouraged to submit their

complaints to the commune level GRC.

DPs are entitled to lodge complaints regarding any aspect of the land acquisition and

resettlement requirements such as, entitlements, rates and payment and procedures

for resettlement and income restoration programs. DP complaints can be made

verbally or in written form. In the case of verbal complaints, the committee hearing

the complaint will be responsible to make a written record during the first meeting

with the DP. DPs will be exempt from or PMU 85 will pay for all administrative and

legal fees incurred in the resolution of grievances and complaints.

All meetings will be recorded by the members of the GRC at the respective commune

and district level resettlement committees and copies will be provided to DPs. Copies

of minutes of meetings will be provided to PMU 85 and WB upon request.

A four-stage procedure for redress of grievances is proposed:



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If it is impossible to solve their complaints at the commune or ward level, DPs can

take the following steps:

Procedures and Steps to Resolve Complaints: Resolving complaints related to the

RAP, including determining the area and value of affected assets will be conducted as

follows:

Step 1. Persons who are unsatisfied with any issues in the program of economic

recovery and resettlement can report verbally or in writing to their Ward/Communal

GRC that will be responsible for resolving their complaint in writing within 15 days.

Step 2. Persons who are unsatisfied with the decisions of the ward/communal level

in Step 1 can appeal to the District GRC within 15 days of the date of the decision in

Step 1. The District GRC will be responsible for resolving the complaint within 15

days.

Step 3. If they are unsatisfied with the decisions at the district level, DPs may appeal

to the Quang Nam province GRC within 15 days of the decision in step 2. The

Province GRC will give their decision on the complaint within 15 days.

Step 4. If the DPs are unsatisfied with the decision at the province level, they may

present their petition to their district court for a decision within 15 days of the

decision by the GRC at the city level.

Persons filing a complaint will not be charged administration or complaint fees.

The external monitoring agency will be responsible for checking the procedures for

and resolutions of grievances and complaints. The said EMA may recommend further

measures to be taken to redress unresolved grievances.



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XII. COST AND BUDGET

XII.1. Compensation Prices

The cost estimate for compensation of land, affected assets and rehabilitation,

resettlement FOR Da Nang section is based on the followings:

The cost estimates for compensation of land, affected assets and rehabilitation,

allowance and resettlement implementation of the RAP for Da Nang section are

based on the Decision 36/2009/QD-UBND, 24 December 2009, issued by Da Nang

City on Compensation and Resettlement Assistance Policies and Decision

35/2009/QD-UBND dated 24 December 2009 on land prices in Da Nang City. The

prices will be updated following the latest Decision issued by Da Nang City to reflect

the annual updating of prices as required by Decree 197/2004/ND-CP at the time of

implementation.

The VEC will contract an independent land price appraisers licensed by the

Department of Finance to cary out Replacement Cost Study (RCS) for all the affected

assets based on the prevalent market prices. The findings of the RCS will be submitted

to the PPC for comparison and revisions, where necessary to ensure that the final

rates reflect market prices and that all assets are compensated at the replacement

cost.

Currently, compensation rates of houses are determined by government on yearly

basis based on market value of different class of houses. The rates thus established for

each class are applicable to all houses in that class and cover the most expensive type

of houses. The RCS will cover a randomly selected sample of houses in each class to

show that the same price indeed applies to the houses/structures in the same class

and that the compensation rates were determined based on the maximum market

price.

According to results of preliminary replacement cost assessment the compensation

prices issued by the Da Nang Province PC for movable assets are generally

reflecting replacement costs of affected houses and secondary structures as well as

of attached crops and trees. It is worth noting that the practice of resettlement

implementation in Vietnam shows that, in case of reasonable fluctuation of unit

construction costs, the local PCs used to update them accordingly. The New Land

Law 2003, especially the recent Decree 17/2006/CP has provided legal base for

land compensation reflecting market prices. According to the Land Law 2003,

Provincial or City PCs’ issued prices of land have to be updated annually and be

publicly announced on the 1st of January every year.



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The cost for the allowances, resettlement assistance and economic restoration

includes of the items which were described in item III.3.10 of Chapter III above,

subsidized cost to the resettlement site development was described as in item VII.3

of Chapter VII.

Administration and management cost of 2% of resettlement cost is included in total

cost of resettlement. This is in addition to the contingency of 10 % to cover for any

unforeseeable cost incurred in detail implementation.

Monitoring cost: The PMU85 also is responsible for contracting with an or some

external organizations, specialized on social sciences or anthropology to carry out the

independent monitoring of the subproject’s resettlement implementation. Because

the cost of monitoring work has not yet detailed norms set by the Government, it is

estimated that it needs for at about 1.0% of the total compensation base cost. An or

some interested independent monitoring institutions will prepare the technical and

financial proposals for bidding and actual cost will be decided through procurement

for independent monitoring.

Contingency cost: It is learned from the implemented projects and from the

conservative side; the rate for contingency should be at about 10% of total cost of

compensation and RAP preparation.

Before RAP implementation, the survey on the replacement cost will be done by

consultant and then propose the unit compensation costs at the replacement values

to the PPC of Da Nang for its review and approval. Final rates established by the

province would be compared with the rates obtained through the Replacement Cost

Study and, in case of significant differences, updates as necessary. The final rates

thus determined and approved will be applied to the compensation plan to the

affected DPs.

XII.2. Cost estimate

The summarized total resettlement cost for the Da Nang section is estimated based

on the compensation rats established by the province. These are estimated to be

132,596,079,050 VND, as presented in Table XII.1 below. The details of estimated cost

are presented in Annex E.

Table XII.1: Sumary Estimated Resettlement Cost for the Da Nang section

In case of any over-run of resettlement costs, VEC will ensure that sufficient

additional funds would be made available in a timely manner. \



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Table XII-2: Summary Estimated Resettlement Cost for the Da Nang section

No Items

Qty. No. of affected assets

No. of DPs Total cost (VND) Exchange USD (1USD = 19,000 VND)

I Compensation for land 506,014 m2 457 43,802,327,500 2,246,273

II Compensation for Structures 2,453 m2 59 3,036,664,000 155,726

III Compensation for other fixed assets 5,194 m2 59 1,857,304,000 95,246

IV Compensation for crops and trees 370,374 m2 Rice and annual crops

and 18,735 Trees 657

3,694,821,000 189,478

V Cost of resettlement site development 35,120 m2 85 14,048,000,000 720,410

VI Cost of Public Facilities 30 electricity and telephone poles 02 430,000,000 22,051

VII Compensation for Loss of Businesses 21 Households 21 307,500,000 15,769

VIII Allowance and Assistances 49,621,335,000 2,544,684

IX SUB-TOTAL A (I+II+III+IV+V+VI+VII+VIII) 116,797,951,500 5,989,639

X Cost of Management (2% of I - VII) 2,335,959,030 119,793

XI Cost of RCS 03 communes 240,000,000 12,308

XII Cost of External Monitoring & Evaluation (1% of I-VI)

1,167,979,515 59,896

VIII SUB-TOTAL B (X+XI+XII) 3,743,938,545 191,997

0

XIV Contingency 10% 12,054,189,005 618,164

Grand Total 132,596,079,050 6,799,799

The end.



Annex A Page 1

ANNEX A

COMPARATIVE ANALYSIS OF WB,

VIETNAM NATIONAL AND

PROVINCIAL POLICIES AND

PROPSOED POLICY FOR THE PROJECT



Annex A Page 2

No Criteria World Bank Policy

(OP/BP 4.12)

National and Project Provincial Regulations

Da Nang Quang Ngai Expressway

Project Policy National Law (revised version 2003) and Decree 197/2004

Da Nang PPC ( Dec 36/2009/QD-

UBND dated 24/12/2009)

Quang Nam PPC ( Dec 23/2010/QD-


Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

1 Objectives Involuntary resettlement should be avoided where feasible, or minimized.

Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs

Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

There is no provision for similar objectives in Decree 197

Decree 197 does not include land acquisition policy, in fact, it describes the works carried out when a decision for land acquisition is issued.

As specified in the National Law



The project objective is to avoid, if not, minimize resettlement impacts;

Ensuring the affected persons shall receive compensations and other assistances to at least maintain or otherwise improve their pre-project living standards and income-earning capacity if involuntary resettlement impacts are unavoidable.

2 Impacts Covered

This WB’s policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by (i) the involuntary taking of land resulting in relocation or loss of shelter; and (ii) lost of assets or access

Decree 197. The GoV’s policy cover direct impacts on land acquisition caused by the development projects

As in the National Law



The project policy covers all socio-economic impacts resulting in involuntary land acquisition, loss of assets or access to assets including loss of income sourses or means of livelihood.



Annex A Page 3


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

to assets;

(iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location

The indirect impacts such as income source or means of livelihood are not mentioned in the policy.

3 Criteria for Eligibility

Displaced persons may be classified in one of the following three groups: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and (c) those who have no recognizable legal right or claim to the land they are occupying.

Decree 197 recognizes that the displaced households are identified as (i) those who have full title to land use right certificate (LURC) and (ii) non-legal users or users without papers or documents if they have been using the land to be affected by a project in a stable manner prior to 15th October 1993. For all said case, the DPs will be entitled to get compensation/assitances

Those who have no recognizable legal right or claim to the land they are occupying, if they have been using the land to be affected by a

National Law National Law National Law The criteria for eligibility in the project policy covers all Displaced Persons (DPs) who may be classified in one of the following three groups: (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and (c) those who have no recognizable legal right or claim to the land they are occupying.



Annex A Page 4


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

project in a stable manner after 15th October 1993 will not be compensated for land, but may be assisted, on case to case basis.

4 Cutoff date Cut-off date established at time of Inventory of Losses (IOL) and specified at the time of Detailed Measurement Survey (DMS) to determine eligibility for compensation.

Land Law: No specific requirement to establish a cut-off date

Decree 197: any changes to property on land to be recovered established after public disclosure of project approval decision to recover land are not eligible for compensation.

Provisions of the National Law



The date of commencement of census and asset inventory surveys by the provincial authorities following approval of the project by GOV.

5 Entitlements for DP who lack formal title to affected land/assets

Land

The absence of formal legal title to land is not a bar to entitlements.

This includes indigenous groups, ethnic minorities, people who claim affected land without formal legal rights and others who may have usufruct or customary rights to land or other resources, and often have no formal title to their land.

Non-titled DPs including displaced tenants,

Land Law 2003: a) DPs are considered illegal and excluded from eligibility for compensation if they do not possess Land Use Rights Certificates (LURC) or entitlements to LURC, or lease or other tenancy, or if they have not been in possession of land for a reasonable length of time. b) Illegal DPs are entitled to compensation for the value of remaining improvements to or on the affected land, and to rehabilitation assistance of various kinds.

Provision of the National Law



For residential land, in lieu of compensation for land, the DPs will receive assistance corresponding to 50% of land replacement cost. For poor or vulnerable DPs who have no other residential land in the same ward/commune, the project will provide either a residential plot of minimum size at a common RS or on a individual residential plot, with title to the land (plot of 40 m2 in urban area and 100m2 in rural area); or on request of the DPs, cash assistance equivalent to 60% of the land



Annex A Page 5


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

sharecroppers and squatters are entitled to resettlement assistance that may include replacement land, ensure greater security of tenure and upgrading of livelihoods.

replacement cost for them to arrange relocation by themselves

For agriculture land, the DPs who do not have legal or legalizable rights to the affected land, are entitled to the assistance amount equal to 30% of replacement cost. For poor and vulnerable and affected farmers whose remaining productive land is not economically viable, if there is no land available for allocation or, at the informed request by the DPs, in addition to above, a rehabilitation/training assistance will be provided to ensure the DPs are able at least to restore or improve their income levels and living standards.

Assets

For non-land assets, all eligible DPs whether legal, legalizable or non-titled need to be compensated at replacement costs, plus fees for relevant administrative procedures.

Decree 197: a) Article 6: In the case of DPs not eligible for compensation, PPC shall consider some form of assistance. b) Article 18: No compensation will be paid for houses, structures built i) without permission following notification of land use plans, ii) after July 2004 in violation of land




All affected structure and houses will be compensated at 100% of replacement cost without any depreciation or deduction for salvaged material.



Annex A Page 6


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

use plans; or, for houses, structures or other property established after notification of land recovery. c) Article 20: In the case of acquired land that is not eligible for compensation, affected houses and structures will be compensated at 80% of replacement cost if they have not violated announced land use plans or the right-of-way; no compensation will paid for houses/ structures that have violated announced land use plans or the right-of-way, although the PPC will consider assistance on a case-to -case basis.

6 Compensation for Land, Structure, Tree/Crop, and other fixed assts

Based on replacement costs (reflecting market prices plus transaction fees).

Article 9, Decree 197.

Each city/province PCs set up tables of price for land/assets, in accordance with the allocated land use purpose, which will be the basis for compensation.




The PMU will contract professional licensed appraiser to carry out Replacement Cost Study (RCS) to establish compensation rates reflecting prevalent market values and submit these to the City PC for comparison with the rates established by the respective PPCs. The PPC will finalize compensation rates for the project taking into consideration the findings of the



Annex A Page 7


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

RCS to ensure that the final rates reflect compensation at replacement cost

7 Threshold of "significant affected income" for DPs when their agricultural land is acquired

Losing over 20% of their agricultural land (OP/BP 4.12)

Losing over 30% of their agricultural land (Decree 69/2009)




Significant affected households are defined as those who lose 20% or more of their productive land or if less than 20% of productive land affected but the remaining land is rendered economically unviable.

These afected households will receive additional support and income rehabilitation assistance

8 Resettlement Arrangment

All displaced households to be relocated.

Land Law and Decree 197

There is no specific eligibility criteria for resettlement. However, the DPs who are entitled for resettlement include: (i) The displaced households whose land and houses are eligible for compensation; and (ii) Households that are not eligible for compensation and have no other house will be considered on case to case.

Households identified as eligible for relocation if their remaning land is less than 30 m2 at urban area or household have many persons (above 8 members) demand for resettlement that will be considered by DRC for land provision.

Landplot in resettlement site (i) does not exceed 200 m2 for urban area, (ii) 300 m2 for rural area and (iii) 400 m2 for remoted mountanous area. Minimum area of 100 m2 for land plot at resettlement site is suggested

Households identified as eligible for relocation if (i) the remaning land is less than 50 m2 in urban area, and (ii) the remaning land is not less than 100 m2 in rural area.

Households identified as eligible for relocation if (i) DPs loosing entire residential land or if the remaining land is insufficient to rebuilt based upon regulation of the respective PPC and (ii) DPs do not have any accommodation in project commune/ward/town.

The size of plot at resetlement sites would be in accordance with the provision of the respective PPC regulations.

9 Business Loss Support for all affected Decree 197: Articles 26, 28: Only Provision of the Provision of the Probvision of the Support to be provided to both



Annex A Page 8


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

households doing business registered businesses and their employees with long-term contract are eligible for compensation.

National Law National Law National Law licensed and un-licensed affected business households, including their registered employees.

10 Rehabilitation Measures

Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework will also include measures to ensure that displaced persons are (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and (ii) provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities.

Rehabilitation Assistance during Transition Period will be appplied based on Clause 17, 20, 21, 22 Decree No 69/2009 của CP, including:

- Material Transport Allowance

- Relocation Allowance

- Allowance for Living and Production Stabilization

- Assistance for agricultural land in the residential area, garden land, pond land adjacent to residential land but are not recognized as residential land

- Allowance for Vocational Training and Job Creation, and;

- Other Assistances

Based on the strategic rehabilitation program, each province will issue specific rehabilitation, income restoration or assistances.

Assistance is regulated in accordance with Decision No. 36/2009 of Da nang PPC, including:




- Allowance for

Assistance is regulated in accordance with Decision No. 23/2010 of Quang Nam PPC, including:

- Allowance for Material Transport; house renting and Living Stabilization


- Allowance for Production Stabilization and Vocational

Assistance is regulated in accordance with Decision No. 66/2009 of Quang Ngai PPC, including:


- Relocation Allowance


- Assistance for agricultural land in the residential area, garden land, pond land adjacent to residential land but are not

The project policy on the rehabilitation is summarized as following: A. Impact on Residential Land

- Relocation Allowance - Rental House Allowance - Assistance for Relocation

B. Impact on Agricultural Land - Allowance for

Living/production Stabilization


- Support for vocational training and job creation

C. Other Allowances/Assistance: - Bonus - House Repair - Facility Connection - Transport Allowance



Annex A Page 9


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

Vocational Training and Job Creation, and;

- Allowance for the Poors and Social Policy Households

- Incentive Bonus

- Other Assistances

Training, Job Creation;


- Incentive Bonus

- Other Assistances

recognized as residential land

- Allowance for Vocational Training and Job Creation, and;


- Other Assistances

11 Assistance to Vulnerable Group

To achieve the objectives of WB’s policy, particular attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation

Decree 197/2004; Decree 69/2009 There is not specific policy on the vulnerable group in general. However, displaced households including the poor, social policy household (heroic mothers, ware veterans, wouded or dead soldiers families) are provided with support.




In the project, the vulnerable group means individuals or distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of land and property recovery or resettlement and specifically includes: (i) female headed households with dependents (ii) households with disabled persons, (iii) households falling under the current MOLISA benchmark poverty line, (iv) children and elderly households who are with no other means of support, and (v) landless households.



Annex A Page 10


(OP/BP 4.12)








Quang Ngai PPC

( Dec 66/2009/QD-UBND dated 31/12/2009)

(1) (2) (3) (4) (5) (6) (7) (8)

In the project, allowances/assistance Targeted to Vulnerable Households include (i) Landless Household; )ii) Social Policy; and (iii) other Vulnerable households.

12 External Monitoring Agency

Independent monitoring agency should be employed to monitor and evaluate the information of compensation and resettlement objectively.

Not applicable Not applicable Not applicable Not applicable Independent monitoring of resettlement implementation included. Post-implrementation evaluation recommended to determine whether the objectives of the policy are achieved.



Annex B Page 11

ANNEX B

SOCIO-ECONOMIC CONDITIONS OF

THE PROJECT AFFECTED HOUSEHOLDS

(DA NANG SECTION)



Annex B Page 12

Demographic Characteristics of DPs by Commune

Commune

Total affected HHs surveyed

with census and IOL

Affected Persons Household Size ( %) Gender Ratio

Population Average

household size (person/HH)

Less than 4 persons/HH

From 5-8 persons/HH

More than 8 persons/HH

Male (%) Female (%)

Hoa Nhon 50 205 4.1 64.0 34.0 2.0 48.0 52.0

Hoa Phong 30 117 3.9 83.3 16.7 0.0 49.0 51.0

Hoa Tien 34 139 4.1 79.4 20.6 0.0 48.0 52.0

Total 114 461 4.0 75.6 23.7 0.7 48.3 51.7

Age structure of surveyed population by Commune

Commune Total affected HHs surveyed

Population Average age of

surveyed population

Percentage of age group ( %)

Less 5 years old From 5 to 18

years old From 18 to 35

years old From 36 to 55

years old Over 55 years

old

Hoa Nhon 50 205 31 8.1 16.2 36.9 27.1 11.7

Hoa Phong 30 117 39 7.1 15.7 34.1 28.9 14.2

Hoa Tien 34 139 36 10.2 14.8 29.5 23.9 21.6

Total 114 461 35.3 8.5 15.6 33.5 26.6 15.8



Annex B Page 13

Educational status of the heads of householders by Commune

Commune Total Surveyed HH Heads

Education Level of DP Households Heads

Illiterate (%)

Primary Education (%)

Basic Secondary Education (%)

High School Education (%)

College and (%)

Hoa Nhon 50 4.0 30.0 36.0 24.0 6.0

Hoa Phong 30 0.0 46.7 33.3 20.0 0.0

Hoa Tien 34 8.8 41.2 35.3 11.8 2.9

Total 114 4.3 39.3 34.9 18.6 3.0

Education Level of Surveyed DPs

Commune Total surveyed population

Education Level of DP Population

Illiterate (%)

Primary Education (%) Basic Secondary

Education (%) Higher Secondary

Education (%) College and University

(%)

Hoa Nhon 205 2.4 22.9 42.0 24.4 8.3

Hoa Phong 117 6.0 43.6 28.2 16.2 6.0

Hoa Tien 139 5.8 29.5 41.7 15.8 7.2

Total 461 4.7 32.0 37.3 18.8 7.2



Annex B Page 14

Types of employment

Commune Survey population Agriculture (%) Business (%) Workers in

industry (%) Gov service (%) Professional (%)

self-employed (%)

Other (%)

Hoa Nhon 131 51.1 11.5 6.1 2.3 11.5 10.7 6.8

Hoa Phong 74 62.2 9.5 9.5 6.8 4.1 5.4 2.5

Hoa Tien 74 52.7 8.1 18.9 2.7 5.4 9.5 2.7

Total 279 55.3 9.7 11.5 3.9 7.0 8.5 4.0

Average monthly income per capita and Number of poverty household base on MOLISA poverty line by Commune

Commune

Total Surveyed

HHs

Average income per capita (VND)

Income Capita with Less than VND 200,000

Income capita From VND 200.000 to 500,000

Imcome Capita With More than VND 500,000

HHs % HHs % HHs %

Hoa Nhon 50 882,000 14 28.0 28 56.0 8 16.0

Hoa Phong 30 889,000 9 30.0 15 50.0 6 20.0

Hoa Tien 34 832,647 11 32.4 17 50.0 6 17.6

Total 114 867,882 34 29.8 60 52.6 20 17.5



Annex B Page 15

Percentage of HHs experience with periodic health check in affected area

Commune Total Surveyed HHs Periodic health care

check (%) No Periodic health

care check (%)

Hoa Nhon 50 30.0 70.0

Hoa Phong 30 25.0 75.0

Hoa Tien 34 40.0 60.0

Total 114 31.7 68.3

Percentage of HHs has toilet facilities

Communes

Total Surveyed

HHs

Latrine with septic tank

(%)

Latrine with semi septic

tank (%)

Latrine over pond or river (%)

Running water

(%) Wells

(%)

Hoa Nhon 50 76.0 22.0 2.0 2.0 98.0

Hoa Phong 30 90.0 6.7 3.3 16.7 83.3

Hoa Tien 34 88.2 8.8 3.0 26.5 73.5

Total 114 84.7 12.5 2.8 15.1 84.9

Consumer Goods of the surveyed households

Communes Surveyed HH HH with

telephone (%)

HH with motorbike

(%)

HH with TV (%)

HH with Video

Player (%)

HH with washing machine

(%) Hoa Nhon 50 70.0 80.0 96.0 56.0 10.0

Hoa Phong 30 67.0 52.0 86.0 35.0 10.0

Hoa Tien 34 55.0 53.0 85.0 23.0 12.0

Total 114 64.0 61.7 89.0 38.0 10.7



Annex C Page 16

ANNEX C

RESETTLEMENT IMPACTS



Annex C Page 17

Number of HHs and heads affected by land acquisition in 03 communes

Communes Number of affected HH Number of affected people

Hoa Nhon 72 295

Hoa Phong 38 156

Hoa Tien 314 1,287

Total 424 1,964

Number of affected area of different land types

Commune Loss of


Loss of agricultural land (m2)

Loss of forestry land

(m2)

Loss of other types of land

(m2)

Total

(m2)

Hoa Nhon 21,356 61,064 0 31,135 113,555

Hoa Phong 0 41,022 0 23,906 64,928

Hoa Tien 17,142 268,288 9,075 33,026 327,531

Total 38,498 370,374 9,075 67,716 506,014



Annex C Page 18

Impact Degree on agricultural land by Commune

Communes Loss of

agricultural land (m2)

Total Number of Agricultural landless HH

Number of HH affected <20% of the

total agricultural land holding





Number of HH affected more

than 70% of the total

agricultural land holding

Number of HH fully

affected on agricultural land holding


households have Red

book

Households have not granted

with Red book

households will not be eligible to have Red

book

Hoa Nhon 61,064 67 13 22 17 15 12 57 7 3

Hoa Phong 41,022 50 5 21 15 9 6 45 5 0

Hoa Tien 268,288 278 25 105 112 36 31 215 30 33

Total 370,374 395 43 148 144 60 49 317 42 36

Number of households affected on residential land by commune

Communes Loss of


HH affected by loss of

residential land

Number of HH fully affected on residential

plot with structure

Number of HH fully affected on residential plot without

structure

Number of HH partially

affected on residential plot with structure

Number of HH partially

affected on residential plot

without structure


households have LURC

Households have not

granted with LURC

households will not be eligible to have LURC

Hoa Nhon 21,356 35 10 2 22 1 27 8 0

Hoa Phong 0 0 0 0 0 0 0 0 0

Hoa Tien 17,142 27 13 0 14 0 23 0 4

Total 38,498 62 23 2 36 1 50 8 4



Annex C Page 19

Fully affected houses by commune (fully affected area or partially acquired by the project but the remaining area cannot be remained or not convenient for living)

Communes

Total No. of HHs who are fully

affected on houses

Number of fully

affected houses

Classes


house

Hoa Nhon 10 10 0 1 1 6 2

Hoa Phong 0 0 0 0 0 0 0

Hoa Tien 13 13 0 2 2 8 1

Total 23 23 0 3 3 14 3

Area of fully affected houses according to each house class

Communes Total

Affected area (m

2)

Affected area (m2)

Class 1 Class 2 Class 3 Class 4 Temporary house

Hoa Nhon 663 0 100 90 410 63

Hoa Phong 0 0 0 0 0 0

Hoa Tien 925 0 205 185 505 30

Total 1,588 0 305 275 915 93



Annex C Page 20

Partially affected houses by Commune

Communes

Total No. of HHs

who are partially affected

on houses

Number of partially affected houses

Classes


house

Hoa Nhon 22 22 1 3 7 11 0

Hoa Phong 0 0 0 0 0 0 0

Hoa Tien 14 14 0 0 2 12 0

Total 36 36 1 3 9 23 0

Area of partially affected houses according to each house class

Communes Total Affected

area (m2)

Affected area (m2)


house

Hoa Nhon 605 25 85 245 250 0

Hoa Phong 0 0 0 0 0 0

Hoa Tien 260 0 0 45 215 0

Total 865 25 85 290 465 0



Annex C Page 21

Loss of other Structures

Communes Kitchen (m2) Houses for

poultry (m2)

Subhouse with Fibro cement font

cover (m2)

Cement Playground

(m2)

Brick wall fence (m2)

Iron Gate (m2) Number of

Graves Number of

Well

Hoa Nhon 845 394 526 515 309 103 35 16

Hoa Phong 0 0 0 0 0 0 53 0

Hoa Tien 470 202 464 759 455 152 47 18

Total 1,315 596 990 1,274 764 255 135 34

Impacts on annual crops and trees by Commune

Communes Rice (m2) Maize (m2) Sugar cane (m2) Acacia (m2) Eucalyptus (m2) Number of trees

Hoa Nhon 47,629 7,657 5,778 0 0 354

Hoa Phong 31,997 5,144 3,881 0 0 0

Hoa Tien 209,264 33,643 25,381 9,075 0 231

Total 288,890 46,444 35,040 9,075 0 585



Annex C Page 22

Affected Small Scale Business household

Communes Number of

affected business HH

Number of affected


relocated

Number of

Registered

business HHs

Number of

Non-Registered

business HHs

Average Incomes of affected business

House (VND/HH/month)

Hoa Nhon 12 7 6 6 3,000,000

Hoa Phong 0 0 0 0 0

Hoa Tien 9 5 5 4 4,500,000

Total 21 12 11 10 3,642,857

Affected vulnerable households

Communes Number of HH is under the

poverty line set forth by MOLISA

Number of HH with social policy

Number of female- headed HH

Hoa Nhon 14 5 28

Hoa Phong 9 4 13

Hoa Tien 11 27 52

Total 34 36 93



Annex C Page 23

Number of Household Are Entitled to Receive Land Plot in Resettlement Sites

Communes

Total No. of HHs who are fully affected

on houses

Number of HH fully affected on residential plot without

structure

Number of HH who are entitle to get land plot in resettlement

site due to loss of agricultural land

Number of affected


relocated

Total No. of HHs who have to relocated or

entitled to receive a

minimum land plot

Hoa Nhon 10 2 15 7 27

Hoa Phong 0 0 9 0 9

Hoa Tien 13 0 36 5 49

Total 23 2 60 12 85



Annex D Page 24

ANNEX D

TOR for Replacement Cost Study



Annex E Page 25

ANNEX E

Estimated Resettlement Cost for the

DA NANG section



Annex E Page 26

COST OF LOSS OF LAND

No Items

Number of

affected HH

Units Quantity Unit price

Total cost (VND)

I

Compensation land

types 43,802,327,500

1 Agricultural land 12,963,090,000

Hoa Vang 395 m2 370,374 35,000 12,963,090,000

2 Forest Land 40,837,500

Hoa Vang m2 9,075 4,500 40,837,500

3 Residental Land 30,798,400,000

Hoa Vang 62 m2 38,498 800,000 30,798,400,000

COST OF LOSS OF STRUCTURES

No Items

Number of

affected HH


Total cost (VND)

II

Cost for

Structures 4,893,968,000

1 House Class 1 47,500,000

Hoa Vang 1 m2 25 1,900,000 47,500,000

2 House Class 2 659,100,000

Hoa Vang 6 m2 390 1,690,000 659,100,000

3 House Class 3 779,700,000

Hoa Vang 12 m2 565 1,380,000 779,700,000

4 House Class 4 1,518,000,000

Hoa Vang 37 m2 1,380 1,100,000 1,518,000,000



Annex E Page 27

5

Temporary

house 32,364,000

Hoa Vang 3 m2 93 348,000 32,364,000

6 Kitchen 491,810,000

Hoa Vang 59 m2 1,315 374,000 491,810,000

7

Houses for

pountry 222,904,000

Hoa Vang 59 m2 596 374,000 222,904,000

8

Other structures with

Fibro cement font cover 370,260,000

Hoa Vang 59 m2 990 374,000 370,260,000

No Items

Number of

affected HH


Total cost (VND)

9 Cement Playground 57,330,000

Hoa Vang 59 m2 1,274 45,000 57,330,000

10 Brik Wall Fence 198,640,000

Hoa Vang 59 m2 764 260,000 198,640,000

11 Iron Gate 15,300,000

Hoa Vang 59 m2 255 60,000 15,300,000

12 Number of Grave 472,500,000

Hoa Vang 85 Number 135 3,500,000 472,500,000

13 Number of Well 28,500,000

Hoa Vang 34 Number 34 840,000 28,560,000



Annex E Page 28

COST OF LOSS OF CROPS AND TREES

No Items

Number of

affected HH

Units Quantity Unit price Total cost (VND)

III

Cost for Crop

and Trees 2,766,481,000

1 Rice 1,444,450,000

Hoa Vang 395 m2 288,890 5,000 1,444,450,000

2 Annual crops 1,222,260,000

Hoa Vang 396 m2 81,484 15,000 1,222,260,000

3

Production

forest trees 6,171,000

Hoa Vang m2 9,075 680 6,171,000

4 Other Trees 93,600,000

Hoa Vang 62 Number 585 160,000 93,600,000

COST FOR RESETTLEMENT SITES DEVELOPMENT

Districts Total No. of HHs who have to relocated

Number of Plots Required

Area of Resettlment Site Required (m2)

Unit Price (VND/m2)

Cost of Resettlement Area (VND)

IV Resettlement Sites Development 14,048,000,000

Hoa Vang 364 364 35,120 400,000 14,048,000,000

Total 364 364 35,120 14,048,000,000



Annex E Page 29

COST OF LOSS OF PUBLIC FACILITIES

No Items Units Quantity Unit price Total cost (VND)

V Public facility 430,000,000

500KV Electric Pole Number 1 75,000,000 75,000,000




0.4KV Electric Pole Number 14 2,500,000 35,000,000

Telephone pole Number 5 2,000,000 10,000,000

COST OF LOSS OF BUSINESSES

No Items

Number of

affected HH

Materials transport allowance

Business disruption allowance

Total cost (VND) Unit price

(VND/HH) Cost

Unit price (VND/HH/ 03Months)

Cost

VI Loss of Business 307500,000

Non-

Registered

business

HHs

10 2,500,000 25,000,000 9,000,000 90,000,000 115,000,000

Registered

business

HHs

11 2,500,000 27,500,000 15,000,000 165,000,000 192,500,000

COST FOR RCS (REPLACEMENT COST SURVEY)

No Items Units Quantity Unit price

(VND) Total cost

(VND)

IX Replacement cost survey Commune 3 10,000,000 30,000,000



Annex E Page 30

ALLOWANCE

No Items

Number of affected

HH Units Quantity

Unit price (VND)

Total cost (VND)

Allowances/ Assistance 4,486

49,621,335,000

1 For Impact on Residential Land

4,512,600,000

Relocation Allowance

Relocation within the province

86 Houshold 86 3,000,000 258,000,000

Relocation to another province

0 Houshold 0 5,000,000 0

House Repairing Cost

House repairing cost in case of house/structure

is partially affected

36 m2 6,059 600,000 3,635,400,000

House Renting Allowance

House rental allowance for temporary residential

purposes

1,200.000/person for 6 months

86 Houshold 86 7,200,000 619,200,000

2 Impact on Agricultural Land

24,551,235,000

Allowance for Living/Production Stabilization



Annex E Page 31

HH losing from 20% to 70% of agricultural land holding

HH losing from 20% to 70% of agricultural land holding and have to be

relocated

300,000/person/month; assistance time:

maximum in 2 years 0 Person 0 7,200,000 0

HH losing from 20% to 70% of agricultural land holding and not required

to relocate

300,000/person/month; assistance time: 6

months 292 Person 1,197 1,800,000 2,154,600,000

HH losing more than 70% of agricultural land holding

HH losing from more than 70% of agricultural land holding and have to

be relocated

300,000/person/month; assistance time:

maximum in 3 years 49 Person 201 10,800,000 2,170,800,000

HH losing from more than 70% of agricultural

land holding and not required to relocate


year (12 months) 11 Person 45 3,600,000 162,000,000

HH losing less than 20% of agricultural land holding

HH losing from more than 70% of agricultural

land holding and not required to relocate


year (12 months) 43 Person 172 3,600,000 619,200,000

Assistance for changing job 03 time of land price

395 m2 370,374 52,500 19,444,635,000



Annex E Page 32

Training Course

395 Houshold 395 1,500,000 592,500,000

3 Other Allowance

19,742,500,000

Incentive Bonus

3,874 Houshold 3,874 5,000,000 19,370,000,000

Assistance for Connetion Fee

85 Houshold 85 3,500,000 297,500,000

Material Transport Allowance

25 Houshold 25 3,000,000 75,000,000

4 Allowance Targeted to Vulnerable Group

815,000,000.00

Allowance for Vulnerable group

163 Person 163 5,000,000 815,000,000



Annex F Page 33

ANNEX F

TERMS OF REFERENCE (T.O.R.)

OF

EXTERNAL MONITORING SERVICE FOR

RAP IMPLEMENTATION



Annex F Page 34

TERMS OF REFERENCE (T.O.R.)

OF

EXTERNAL MONITORING SERVICE FOR RAP IMPLEMENTATION

(DA NANG – QUANG NGAI EXPRESSWAY PROJECT)

I. BACKGROUND

- The Da Nang - Quang Ngai Expressway Construction Project (the DQEP) is one

of the important transport infrastructure projects approved by the Viet Nam

Government’s Decision 412/QD-TTg of April 11, 2007. The Prime Minister’s

letter No. 1734/QD-TTG of December 1, 2008 gave high priority to early

completing this project.

- The technical design of Project has been completed with basic works including

the construction and operation of a road section which goes through one city

and two provinces in the central of Vietnam including Da Nang City, Quang

Nam and Quang Ngai provinces. It is the one component of the national North-

South trunk Expressway.

II. EXTERNAL MONITORING

II.1. Objectives

Broad objectives of monitoring include the following:

a. To provide the Bank with an objective feedback on the implementation of the

resettlement policy.

b. To provide project management with an effective tool for assessing

‘Resettlement and Rehabilitation Plan ‘ implementation at various stages and

to identify problem areas and recommend remedial measures for efficient

implementation of the policy.

c. To assess the effectiveness of the social policy and whether its objectives have

been achieved.

II.2. Monitoring Targets and Functions

The monitoring targets and functions will include the following:

- Review the existing baseline and data gather additional socio-economic

baseline data, if necessary, on sample families that are severally affected by

the project and are entitled to receive compensation for all of their lost assets

or for resettlement and rehabilitation;



Annex F Page 35

- Monitor implementation of the compensation policy and public information

campaign;

- Identify and discrepancy between the policy requirements and actual practice,

as well as any local level grievances;

- Provide recommendations for improving implementation of its policy.

II.3. Methodology

Monitoring methodology will consist of the following:

a. Random review of DMS forms for correct inventory of assets and entitlements.

This review should sample about 30% of all the DMS forms

b. Random review of entitlement and compensation documents to ensure that

the assessment of compensation is based on “replacement cost” and is in full

compliance with policy’s requirements. This review shall cover 30% of all DPs,

selected through stratified random sampling method.

c. Random site visits, coordinated with the implementation activities are taking

place, to ascertain that compensation has been duly paid prior to the start up

of construction works under the projects; compensation is assessed based on

the principle of replacement cost and grievances, if any, are solved to the

satisfaction of the DPs. This activity should cover at least 20% of all DPs each

year. For these purposes monitoring of the following aspects will be required:

- Inventory of affected assets;

- Assessment of compensation for all types of affected assets based on

replacement cost;

- Compensation is paid prior to initiation of works.

d. Special studies aimed to ascertain adequacy of compensation paid for land

acquisition and/or other fixed assets, against current market prices.

e. Random field visits at least once every 3 months, covering at least 30% of the

DPs to check the following:

(i) Whether PMU85 has informed them of individual entitlements and

compensation amounts due to them and whether they have received

compensation entitlement forms;

(ii) To ascertain that affected people are adequately informed of project

objectives, its impacts, compensation policy and entitlements through an

effective public information campaign; and

(iii) To assess if grievance procedures are adequately explained to the affected

people and implemented.



Annex F Page 36

Sample

To verify the quantitative aspects of implementation, sample surveys of various types

of impacts should be conducted. A stratified sample should cover target groups for

each category, such as land owners, affected house owners, tenants or workers;

those affected by the loss of land, structures, incomes; and those need to be

reorganized and relocated. While making quantitative assessments of land

acquisition activities all the provinces and districts should be covered. Particular

attention should be paid to adequately cover all the towns effected by the project.

Data Collection Methods

Data and information will be gathered through:

Questionnaires, to be personally administered.

Direct interviews with affected households

Specific focus group interviews aimed at identifying the specific problem issues

related to groups such as self-employed persons with businesses, farmers and

workers affected by loss of job, tenants affected by loss of place of residence,

women heads of households, etc.

Community meetings to discuss problem issues and identify solutions

Project staff in the field

Data Analysis

Data and information collected will be analyzed by project, affected area,

resettlement sites, levels of compensation, type of impact, type of impact, etc.

Data Base Storage

The Monitoring Team will maintain a data base of resettlement monitoring

information that will be updated every three months. It will contain certain files on

each affected household and will be updated based on information collected in

successive rounds of data collection. All data bases compiled will be fully accessible to

the project authorities.

Monitoring and Evaluation Indicators

The following aspects of the resettlement policy will be monitored and evaluated

regularly by the MA:

a. Assessment and Payment of Compensation

(i) Whether the inventory of affected assets is recorded properly;



Annex F Page 37

(ii) Whether the entitlements to compensation, resettlement and

rehabilitation assistance benefits to each DPs are provided correctly;

(iii) Whether the assessment of compensation for different types of assets,

especially for affected land and structures, are based on the current market

prices; and

(iv) The payment of compensation is in accordance with the summary

compensation forms given to the DPs.

b. Linkage to Resettlement and Construction

(i) The completion of land acquisition and resettlement activities on a phase,

section or sub-section of the project at least one month before the start of

physical works on that phase, section or sub-section.

c. Provision of Resettlement Site

(i) Affected people who are entitled to land-for-land option and for relocation

to a resettlement site and who opt for relocation to a resettlement site,

should be consulted about the location of the site;

(ii) Full public participation and consultation has taken place in respect to the

site design, provision of public facilities, plot allocation and relocation

activities.

d. Provision of Economic Rehabilitation Assistance (Training, Employment and

Availability of Credit Assistance)

(i) Full consultation with DPs entitled to economic rehabilitation assistance on

the types of assistance required (only severally affected DPs due to the loss

o productive assets, jobs, employment and businesses are entitled to

economic rehabilitation assistance)

(ii) Where training is the preferred option, it should be provided for one

member of each eligible family within three months of the date of

relocation. The kind of training will depend on the preference of the

affected person and the availability of a training course;

(iii) Whether the economic rehabilitation assistance covers at least 30%

women headed households; and

(iv) Job placement to entitled persons is provided within 2 months of the date

of land acquisition

e. Public Consultation

(i) Affected persons should be informed and consulted about resettlement

activities, such as implementation schedule for the project and shifting of

DPs from their present location, resettlement site design, location and plot

allocation (the monitoring team should attend at least one public

consultation meeting each month to monitor public consultation



Annex F Page 38

procedures, problems and issues that arise during the meetings, and

solutions that are proposed).

f. Level of Satisfaction

(i) The level of satisfaction of affected persons with various aspects of the

RAP, especially with the compensation levels for affected assets;

(ii) With the grievance redressal mechanism and whether the DPs are satisfied

with the procedures and the outcome of the grievances. The survey should

cover at least 30% of the DPs who have raised grievances on various issues.

g. Standard of Living

(i) Throughout the implementation process, the trends of living standards

should be observed and the potential problems in the restoration of living

standards should be identified and reported

h. Awareness of Compensation Policy

(i) Awareness of the compensation policy and their entitlements among the

DPs;

(ii) Awareness of various options available to DPs as provided for in the policy

for land acquisition, compensation and resettlement;

(iii) Awareness of grievance redressal procedures; and

(iv) Whether the DPs have received a copy of the Public Information Booklet

(PIB).

II.4. Follow-up Socio-Economic Survey

Nine months to one year after the end of resettlement activities, the MA shall

conduct a follow-up socio-economic survey to determine the impact of the project on

income levels and living standards of the affected people who are affected by the

project and the remaining land is not viable for continue use. The households to be

covered by the follow-up study will be the same for whom the baseline data has

already been collected during the earlier stages of the monitoring activities.

It should be note that the agency assigned for external monitoring between

December 1997 - June 1999 has already completed baseline survey and the data is

available in PMU85 office for reference of the contracting agency.

III. REPORTING REQUIREMENT

III.1. Reports

The External Monitoring Agency (EMA) shall prepare and submit two copies to

PMU85 and one copy direct to the World Bank, of each of the following reports:



Annex F Page 39

- Inception report: to be submitted 30 days after the work begins. The report

shall contain a brief methodological approach to external monitoring, review

of the baseline data collected by the former external monitoring agency

(Inventory of external monitoring reports for RAP implementation, Dec. 1st

1997 to June 30, 1999), and issues arising.

- Quarterly Monitoring Reports: MA shall prepare a comprehensive report

summarizing all activities and covering all aspects of resettlement and

monitoring indicators specified above. The report should highlight the issues

and problems arising and suggest mitigation measures. The quarterly

monitoring reports should be submitted within two weeks of completion of

the three-month monitoring period. The report should particularly focus on:

(i) A report of progress of implementation of all aspects of RAPs;

(ii) Deviations, if any, from the provisions and principles of the PMU85

policy on land acquisition, compensation and resettlement;

(iii) Identification of problem, issues and recommended solutions, so that

PMU85 is informed about the ongoing situation, and can resolve

problems in a timely manner; and

(iv) Report progress on the follow-up of problems and issues identified in

the previous report.

III.2. Reporting language:

All the reports will be prepared in two languages: Vietnamese and English with three

copies for each language.



Annex G Page 40

ANNEX G

DMS QUESTIONNAIRE



Annex G Page 41

DMS QUESTIONAIRE

Da Nang – Quang Ngai Expressway project

----------------------

Province Identification Number

GENERAL INFORMATION OF AFFECTED HOUSEHOLD

1. Name of household‘s head:......................................................................................

2. House number:................ Street:..............................................................................

3. Hamlet:……………………. Village:…….….… ………………………………...

4. Commune: ……………………………….….…………..………………………..

5. District:…………… ………………………………………………………………

6. Household Head’s Ethnicity :………… ..….……………………………….…….

7. Family Religion :…… ……………………….……………………………………

8. Number of residents in the household:.......................person

Date,.........................................

Household Representative's Signature Surveyor Signature



Annex G Page 42

A1. SURVEY OF EXISTING BUILT STRUCTURES

No

Structure Item Description

Item code

Total area (m2)

Month & Year of

Construction

Legal status (See

code below)

Ownership (See code

below)

If rented, monthly rental (in

VND)

Building material (Using codes below for each relevant item)

House Class as specified in

certificate (ask only Household with certificate)

Affected/destroyd area (m2)

Found Floor wall Roof In ROW

area Total

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1

2

3

4

5

6

7

8

9

10

11

Application Codes:

(2) Structure Item code (5) Legal Status (6) Ownership (8-11) Buiding material

1. Residential house 2. Secondary house 3. Workshop 4. Shop/Restaurant 5. Warehouse 6. Yard (cement/brick) 7. Detached Latrine

8. Detached bathroom 9. Well 10. Anima cage 11. Grave/Tomb 12. Fence 13. Other

1. With construction permission certificate 2. Without construction certificate

1. Inherited (from parent, grandparent etc.) 2. Constructed on Own 3. Purchased from private owner 4. Rented from private owner 5. provided by/rented from local gornment 6. provided by/rented from cooperative/employer/other organization 7. Other

1. Concrete 2. Brick/stone/cement 3. Wood 4. Floor tile 5. Roofing tile 6. Fibro-cement 7. Steal/iron/tin roofing sheet

8. PVC roofing sheet 9. Asphalted paper/canvas 10. Tree/baamboo/rattan 11. Straw/leaves 12. Mud/clay/earth 13. Other



Annex G Page 43

A.2 SURVEY OF EXISTING LAND

No Land type

Land type Code (see

codes below)

Total area (m2)

Land quality classification (see codes below)

Legal status (see codes

below)

Land tunure (see codes

below)

Date of first use (month/year)

If rented, monthly rental

(in VND)

Lost of area due to land

acquisition (m2)

(1) (2) (3) (4) (5) (6) (7) (8) (9)

1

2

3

4

5

6

7

8

9

10

11

12

Application Codes:

(1) Land Type code (4) Land classification (5) Legal status (6) Land ownership

1. Residential land 2. Agricultural land 3. Garden/orchard land 4. Water surface 5. Grave/Tomb 6. Vacant land 7. Commercial land 8. Other

1. Class 1 2. Class 2 3. Class 3 4. Class 4 5. Unclassifiable

1. With long-term land use right certificate 2. With short-term land use right certificate 3. without land use right certificate

1. Inherited (from parent, grandparent etc.) 2. Purchased from private owner 3. Rented from private owner 4. provided by/rented from local gornment 5. provided by/rented from cooperative/employer/other organization 6. Squatter land 7. Dispute land 8. Other



Annex G Page 44

A.3 SURVEY OF CROPS AND TREE

No

Crop Fruit Trees Wood Trees

Type of crop Crop classificatgion (see codes below)

Area of crop lost in ROW (m2)

Type of Tree Tree classificatgion (see codes below)

Number of tree lost in

ROW Type of Tree

Tree classificatgion (see codes below)

Number of tree lost in

ROW

(1) (2) (3) (4) (5) (6) (7) (8) (9)

1

2

3

4

5

6

7

8

9

10

11

12

Applicable codes:

(2) Crop Classification (5) Fruit trees classification (8) Wood trees classification

A. Healthy and good yield B. Newly planted (less than 1 months)

A. Fruit Tree bearing fruit B. Fruit Tree without bearing fruit C. Newly planted (less than 1 year)

A. Big size and good quality B. Medium size and good quality. C. Newly planted (less 2 years)



Annex G Page 45

A.4 SURVEY OF BUSSINESS HOUSEHOLDS

No Type of business Net annual money income earned from

business (VND) Legal status (see codes below) Number of worker

(1) (2) (3) (4)

1 Manufacturing

2 Sales

3 Hotel/restaurant

4 Service

5 Land and/or house rental

6 Other (specify)

Applicable codes:

(3) Legal status

1. Registered business household

2. Non-registered business household



Annex G Page 46

A5. PREFERENCES AND OPINIONS OF AFFECTED HOUSEHOLDS

1. How would you prefer to get compensation for your house, land and other properties? That is (circle one which applies):

a. In cash b. In kind c. Both cash and kind

2. How would you prefer to be relocated? That is (circle one which applies): a. To be relocated on own within the remaining land b. To purchase land and/or house elsewhere and resettled there on own c. To get land in the proposed resettlement site and to build house on

own. d. To get pre-built house and land in the proposed resettlement site.

3. If your household is considered eligible for nominating one member to be trained in accordance with the government regulation, what occupation do you think the (appointed) person would prefer to be trained?

1. Agricultural technique/technology 2. Mechanic 3. Electric 4. Electronic 5. Construction worker6. Driver 7. Tailor

8. Carpenter 9. Welder 10. Barber 11. Computer 12. Accountant 13. Other

4. How do you think that the project will have impacts on the following aspect of your family (Surveyor ask to respondent’s self-assessment of possible impacts).

Aspect of self-assessment

Level of assessment

Strongly negative

Negative Neutral/ no

impact Positive

Don’t know

(1) (2) (3) (4) (5)

Household income

Employment

Education of children

Family integrity

5. Do you have any suggestions to the government relating to land and/or house compensation and relocation or so? If yes, Please specify (surveyor ask for maximum of 3 suggestions and write them down clearly and concisely in each row):

a. Suggestion 1:

b. Suggestion 2:

c. Suggestion 3:



Annex G Page 47

B. SOCIO-ECONOMIC SURVEY QUESTIONAIRE

(To be conducted for one out of every three households in the survey area)

1. Please provide us the name and personal characteristics of all usuall members of your family, begining from household head.

No Name

Relationship to Household

head (see codes below)

Sex 1. Male 2. Female

Year of birth

Marital status (see

codes below)

Highest grade of education

completed (grade from 1 -12)

Highest skill level/tertiary

education attained (see codes below)

Working status/ Occupation (see codes

below)

Place of work

(see codes below)

(1) (2) (3) (4) (5) (6) (7) (8) (9)

1

2

3

4

5

6

7

8

9

10

Applicable codes:

(2) Relationship to Household head (5) Marital status (7) Highest skill level/tertiary

education attained (8) Working status/ Occupation (9) Place of work

1. Household head 2. Spouse 3. Child 4. Grandparents 5. Parent

6. Child in law 7. Grandchild 8. Sibling 9. Other relative 10. Non-relative

1. Never married 2. Married 3. Divorced/separated 4. Widowed

1. None 2. Technical worker 3. Middle vocational 4. College 5. University or higher

1. Cultivation 2. Husbandry/fishery 3. Manufacturing worker 4. Business 5. Professionals

6. Service 7. Government servant 8. Not working (because of old, sick, disable etc. 9. Other occupation 10. Not working, unemployed

1. On will be affected land 2. Other place in the village 3. Elsewhere



Annex G Page 48

2. Please tell us all the income sources of your household (Not including individual income that were already reported in the table above)

Sources of income Estimated Net Monthly

Income (VND)

Estimated Annual Income If Monthly Income is inapplicable (VND)

(1) (2) (3)

Cultivation

Husbandry/fishery

Manufacturing

Business

Service

Land and/or house rental

Saving interest

Wage, Salary, Pension and Social benefit

Remittances from other place(s)

Other (specify)

3. What are your main sources of drinking water? (Circle all that apply):

1. In-house piped water

2. Public tap/tank

3. Pumped well (e.g. UNICEF type)

4. Traditional well (without pump)

5. River, stream, canal, lake, pond

6. Rain water

7. Bought from vendor

4. What type is your toilet facility? (circle one which that apply):

1. Flash toilet

2. Pit latrine

3. Without pit latrine (built on earth)

5. Public toilet

6. Latrine built on river, canal, pond

7. No (built) toilet at all

5. What is your main source of electric power? (Circle all that apply):

1. Electricity from national system

2. Electricity from private generator

3. Electricity from other sources

4. None-electricity

6. Does your household possess any of the the following assets/ equipments? (If yes, specify the quantity of each kind; if no, record 0 (zero) and do not leave blank):

No Type of

assets/durables/equipments Quantity No

Type of assets/durables/equipments

Quantity

1 Cassette/ Radio-cassette player

1 Motorbike

2 Black white TV set

2 Boat

3 Color TV set

3 Telephone

4 Refrigerator

4 Automobile

5 Electricity generator

5 Water pump

6 Bicycle/ cyclo

6 Washing machine



Annex G Page 49

7. Do your members in your household have health insurance? (circle one which that apply):

1. Yes

2. No

8. Does your household experience with periodic health check?

1. Periodic health care check

2. No perodic health care check

9. Where does your household check your health?

1. Local health unit

2. District health center

3. Private clinic

5. Hospital

6. Pharmacies

7. Oriental Pharmacies

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