DA NANG QUANG NGAI EXPRESSWAY PROJECT...Da Nang - Quang Ngai Expressway Project is with the...

Ministry of Transport

Vietnam Expressway Corporation

RESETTLEMENT PLAN

Volume 2- QUANG NAM SECTION

January 2011

DA NANG – QUANG NGAI

EXPRESSWAY PROJECT

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Typewritten Text

RP1046 v2 REV

Da Nang – Quang Ngai Expressway Project

Resettlement Plan – Quang Nam Section January 2011

i

CONTENTS CONTENTS ............................................................................................................... i

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

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

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

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

I. INTRODUCTION .......................................................................................... 7

I.1. The project ........................................................................................................ 7

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 WBPolicy on IR ........................... 15

III. ENTITLEMENT POLICY ............................................................................... 18

III.1. Objectives .................................................................................................... 18

III.2. Eligibility to compensation and relocation assistance ................................ 18

III.3. Compensation Principle and Entitlement ................................................... 19

III.3.1. Principles of Replacement Cost ................................................................. 19

III.3.2. Compensation policy for agricultural land ................................................. 20

III.3.3. Compensation for Residential Land ........................................................... 22

III.3.4. Compensation houses/other structures .................................................... 22

III.3.5. Compensation for Graves/Tombs .............................................................. 23

III.3.6. Compensation for loss of Standing Crops and Trees ................................. 23

III.3.7. Compensation for Loss of Income and/or Business/Productive Assets .... 24

III.3.8. Compensation for temporary impact during construction ....................... 24

III.3.9 Compensation for Loss of Community Assets ............................................ 25

III.3.10. Allowances and Rehabilitation Assistance during Transition Period ...... 25

III.3.11. Allowances / Assistance Targeted to Vulnerable Households ................ 27

IV. SOCIOECONOMIC CHARACTERISTICS ....................................................... 29

IV.1. General socioeconomic conditions of the Quang Nam Province ............... 29

IV.2. Survey on the socioeconomic conditions of the project DPs ...................... 29

IV.2.1. Demographic Characteristics of DPs..................................................... 30

IV.2.2. Educational status ................................................................................. 31

IV.2.3. Occupation and Employment ............................................................... 33

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

IV.2.5. Households below Poverty level .......................................................... 34

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

IV.2.7. Access to utilities and services ............................................................. 36

IV.2.8. Ownership of Consumer Goods ............................................................ 37



ii

V. RESETTLEMENT IMPACTS ......................................................................... 38

VI. RELOCATION ARRANGEMENT ................................................................... 69

VI.1. The potential of the resettlement sites ...................................................... 69

VI.2. Process of site development and resettlement policy ................................ 77

VI.3. Cost for the site development ..................................................................... 80

VI.4. Issues of relocation should be done once RP is approved. ......................... 80

VII. INCOME RESTORATION AND REHABILITATION ......................................... 81

VIII. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE,

DISSEMINATION .................................................................................................... 94

VIII.1. Purposes and contents of consultation and information dissemination. ... 94

VIII.2. Consultation during RP preparation. ........................................................... 95

VIII.3. Consultation during RAP Implementation ................................................ 102

XIII.4. Disclosure ................................................................................................. 102

IX. IMPLEMENTATION ARRANGEMENTS ...................................................... 103

IX.1. Responsibility ............................................................................................. 103

IX.2. Implementation arrangements ................................................................. 107

IX.3. RAP implementation schedule .................................................................. 113

X. MONITORING AND EVALUATION ............................................................ 116

X.1. Internal monitoring ....................................................................................... 116

X.2. External Monitoring ...................................................................................... 116

XI. GRIEVANCE REDRESS MECHANISM ......................................................... 120

XII. COST AND BUDGET ................................................................................. 122

XII.1. Compensation Prices ................................................................................. 122

XII.2. Cost estimate ............................................................................................. 123

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

ANNEX B: Socio-economic Characteristics ............................................................. 10

ANNEX C: Resettlement Impacts ........................................................................... 21

ANNEX D: TOR for Replacement Cost Survey ......................................................... 35

ANNEX E: Resettlement Cost for Quang Nam Province .......................................... 36

ANNEX F: TOR for External Monitoring Agency ...................................................... 47

ANNEX G : DMS Questionaire ................................................................................ 54



iii

LIST OF TABLES

Table I-1: General technical specifications of the project ............................................... 8

Table I-2: Districts and Communes covered by the Expressway .................................... 9

Table IV-1: Demographic Characteristics of DPs ........................................................... 30

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 V-1: Number of HHs and heads affected by land acquisition in 07 Districts ...... 38

Table V-2: Number of affected area of different land types......................................... 39

Table V-3: DPs Affected by Loss of Agricultural Land ................................................... 43

Table V-4: Loss of other Structures ............................................................................... 51

Table V-5: Impacts on annual crops and trees by Districts ........................................... 52

Table V-6. Affected Small Scale Business household .................................................... 53

Table V-7: Affected vulnerable households .................................................................. 54

Table V-8: Number of Household Are Entitled to Receive Land Plot in Resettlement

Sites ................................................................................................................................ 55

Table V-9: Summary of Impacts .................................................................................... 56

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

district ............................................................................................................................ 75

Table VII-1: Consultation with institutions, local NGOs of the affected districts ......... 83

Table VII-2: Potential programs, loans and training courses in Quang Nam province

could be considered for the economic restoration and livelihood improvement for the

project affected people ................................................................................................. 85



iv

Table VIII-1: Meetings in affected districts.................................................................... 96

Table VIII-2: Preferences, choices of DPs to the modes of economic restoration .....100

Table IX-1: Proposed schedule for RAP implementation with key activities ..............114

Table XII-1: Summary Estimated Resettlement Cost for the Quang Nam section .....124



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 RP 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 RP 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 support, and (v)

landless households.



viii

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.



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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 province of Quang Nam. Approximately 92 km length of the road

alignment crosses through 7 districts namely Dien Ban, Duy Xuyen, Que Son, Thang

Binh, Nui Thanh, Phu Ninh and Tam Ky city, covering a total of twenty four communes

of Quang Nam Province.

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 Quang Nam province are

summarized as below:

There are a total of 3,874 households in 24 communes of 07 districts of Quang Nam

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

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

partially or fully with the total affected area is 347,138 m2



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- 2,473 Households will be impacted due to the loss of agricultural land with

the total area of 2,686,623 m2.

- 1,923,858 m2 other land (public land) will be impacted

- About 1,700,762 m2 of forestry land (Production forestland) will be impacted.

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

houses with the total affected area of houses being 37,594 m2..

- There are 771 HHs have to relocate to new places, of which relocated HHs

due to loss of residential land (both with and without structure) are dominant

one, which are 364 HHs (including 25 hh affected by loss of businesses),

followed by loss of agriculture land whee remaining land is rendered unviable

for continued use (407 HHs).

- There are 02 collective or public institutions that will be affected by loss of its

assets.

3. Legal and Policy Frameworks

The RP 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 23/2010/QĐ-

UB of Quang Nam People’s Committee, dated 30th September 2010.

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 stablished 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



Page 3

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 RP 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 771 households have to be relocated with total required area of

resettlement sites being 24,720m2. 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

vulnerable groups are developed 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 RP implementation.

The PPC of Quang Nam Province and their relevant Departments are responsible for

review, approve on land recovery; compensation at the replacement values,

relocation site development and direct its lower levels in implementing the RP.

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 RP implementation with key activities (this RP 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

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

responsible for disclosing the final RAP. The RAP and/or Vietnamese Version of



Page 5

Table 0.1: Schedule for key activities of RP implementation

Activities Target dates/time

1. Information campaign: Information disclosure and

dissemination of RP at info shop of the WB in DC and VIDIC at

Viet Nam office and at PC office Quang Nam Province. A

summary of project background and RP 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

Entitlement Matrix will be disclosed at affected districts and Communes level as well

as at DONRE and DOF offices of Quang Nam Province. 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 RP implementation will be made

available at the project affected communes, affected districts and to relevant

Departments of Quang Nam Province.

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.



Page 6

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 Quang Nam section

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

VND)

I Compensation for land 254,558,427,600 13,054,278

II Compensation for Structures 39,790,540,000 2,040,541

III Compensation for other fixed assets 20,923,770,000 1,073,014

IV Compensation for crops and trees 20,678,815,300 1,060,452

V Cost of resettlement site development 98,137,600,000 5,032,697

VI Cost of Public Facilities 908,500,000 46,590

VII Compensation for Loss of Businesses 499,000,000 25,590

VIII Allowances 581,103,826,000 29,800,196

IX SUB-TOTAL A (I+II+III+IV+V+VI+VII+VIII) 1,016,600,478,900 52,133,358

0

X Cost of Management (2% of I - VII) 20,332,009,578 1,042,667

XI Cost of RCS (Resettlement Cost Survey) 240,000,000 12,308

XII Cost of External Monitoring & Evaluation (1% of I-VII) 10,166,004,789 521,334

XIII SUB-TOTAL B (X+XI+XII) 30,738,014,367 1,576,308

0

XIV Contingency 10% x (IX+XIII) 104,733,849,327 5,370,967

Grand Total 1,152,072,342,594 59,080,633

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.



Page 7

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 139.52 km

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.



Page 8

Table I-1: General technical specifications of the project

No. Item Unit Quantity of total

project

Quantity in Quang

Nam Section

1 Road length Km

139.52 (Including 131.5

Km of Expressway and

8.02 Km of road

connecting to NH1A.

92 (From Km08 to

Km100)

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 6,425,285

8 House to be demolished m2 66,288 37,383

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 01/540

11 Crossing Interchange Set 09 04

Culvert for road Set 106 68

12 Facilities

Service zone Set 02 02

Parking yard Set 04 04

Traffic Management

Center Set 01 01

Expressway Operation

Offices Set 01 0

Throughway Toll

Barriers Set 02 0

Toll station Set 10 05

(Source: Relevance Specified in the Feasibility Study Report of Da Nang – Quang Ngai Project by TEDI, February 2010)



Page 9

I.2 Scope of the RAP

The Resettlement Action Plan (RAP) summarizes the impacts due to the proposed

expressway traversing the province of Quang Nam. Approximately 92 km length of

the road alignment crosses through 7 districts covering a total of twenty four

communes of Quang Nam Province. The list of districts and communes traversed by

the expressway in Quang Nam province is shown in Table I-2.

Table I-2: Districts and Communes covered by the Expressway

Number District Communes

1 Dien Ban

Dien Tien

Dien Tho

Dien Quang

2 Duy Xuyen

Duy Trinh

Duy Son

Duy Trung

3 Que Son

Que Xuan 1

Que Xuan 2

Phu Tho

4 Thang Binh

Binh Qui

Binh Chanh

Binh Que

5 Nui Thanh

Tam Nghia

Tam My Dong

Tam My Tay

Tam Anh Nam

Tam Xuan 1

Tam Xuan 2

6 Phu Ninh

Tam Thai

Tam Phuoc

Tam Dai

Tam Dan

Tam Thanh

7 Tam Ky city Tam Ngoc

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 OP



Page 10

4.12.

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

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

relocated, are summarized below:

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 FS for the section of Quang Nam province. From

December 10, 2009, the TEDI design consultant (DC) made adjustment to the

alignment at sections: Km0+00 to Km16+00 and Km 60+00 to km 73+00 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

six sections in Quang Nam province (from Km8 to Km161, Km21 to Km26, Km35 to

Km43, Km 58+00 to km73+00, Km75 to Km80, and Km83 to Km97) were proposed in

order to reduce adverse environmental and social impacts.

Section from Km8 to Km16

An alignment is proposed to avoid Thai Cam industrial zones, and Thai Cam

residential area. By adjusting alignment in this area, it reduces the number of

affected houses significantly. Total affected structures in this section were reduced

from 171 to only 106.

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

City is specified in Da Nang RAP.


Resettlement Plan (Draft) – Quang Nam Section June 2010

Page 11

Figure I-1: The route of the project



Page 12

Section from Km 21 to Km 26

With TEDI F/S, the proposed alignment passes through the residential areas by

curving along the national railways. The WB Supplemental Study proposed to adjust

the route by straightening the alignment and providing a tunnel through a mountain.

By adjusting alignment in this area, the number of the affected houses were reduced

from original 77 to only 39.


This section is proposed to be straightened and therefore, several populated areas

are avoided compared to the alternative proposed in the FS prepared by TEDI such as

Hamlet 3, Hamlet 4, and Hamlet 5 of Phu Tho commune; Quy Thanh village; Quy Xuan

village; and Hamlet 1 of Binh Quy commune.


This section is proposed to avoid cutting across many 500kV high voltage

transmission lines, and impacts on temples.


The World Bank Supplemental Study, an alignment is proposed to be between TEDI

FS and JETRO Study to avoid military facilities.


The alignment proposed by TEDI FS and JETRO Study in this area runs parallel with

the Chu Lai Open Economic Zone. During the course of discussions among relevant

parties, it was confirmed that future expansion of the zone would be secured.

Therefore, adjustment of the alignment is proposed in the World Bank Supplemental

Study for securing future expansion of the zone.



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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 DPs who are 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 23/2010/QĐ-UB of Quang Nam People’s Committee, dated 30th

September 2010, on compensation and resettlement policy.



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 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 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. In the project

however, 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,

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



Page 17

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 houses 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.

Vietnamese regulations do not fully cover the scope of 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).

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.



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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, RP 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 be eligible for compensation and relocation assistance.

Eligibility: 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 19

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 with 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.

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



Page 20

(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, cash compensation for

the lost land will be give as follows:

(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 itm (iii) below.

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

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

productivity, the Project will provide rehabilitation allowances for



Page 21

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.

(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 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

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

corresponding to 50% of land replacement cost.

(ii) For poor and vulnerable households and DPs losing 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.

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.



Page 22

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 cost 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

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.

III.3.4. Compensation houses/other structures

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



Page 23

(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

repair 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 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.

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.

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).



Page 24

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

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



Page 25

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, gravel and borrow pits etc.

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: 3 mil; (ii) out-district

relocation: 4 mil and (iii) out-province relocation: 7 mil, and (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.

b. House Renting Allowance to affected owners of Residential Land:

0.35-0.5 mil per month, for duration of 12 months if the DPs has to be

relocated, and for 6 months if the DP has to reorganize on the remaining

residential plot.

c. Assistance for Relocation: All DPs, except for poor or vulnerable DPs who

have no other residential land in the same ward/commune, relocating to

RS will be required to pay for the cost of the plot at the RS. However,

where the compensation amount received by a DP is lower than the cost

of minimum size of plot at the RS, the project will pay for the difference



Page 26

to enable DPs to get at least the minimum size of plot at RS. The DPs

who opt for self-relocation (except those reorganizing on their

remaining residential plot) will be provided one-time payment of the

amount equivalent to the cost of the developed plot of minimum size at

the RS.

B. For impacts on Agricultural Land:

a. Allowance for Living/production Stabilization (during the transition

period): 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.

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).



Page 27

e. 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.

f. 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 and assistance in getting employment 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. At least 30% of training facilities would be

reserved for women.

C. Other Allowances/Assistance:

- Incentive Bonus: All DPs who vacate the affected land immediately after

receiving compensation and allowances will be given an incentive

allowance of 3-5 mil VND.

- 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

All poor or vulnerable Dps will get additional assistance as described below:

(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



Page 28

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

relocation.

(2) Social Policy: (i) Relocated Households including social policy heroic

mothers, ware veterans, wouded or dead soldiers families: 1.5-4 mil/HH:

(ii) Poor Relocated Household or Poor Household whose 20% or more of

their productive land affected or where <20% land affected but the

remaining land is rendered unviable: 3-5 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 (1.5-4.0 mil. VND/household) given to poor households in

accordance with the provincial policy.



Page 29

IV. SOCIOECONOMIC CHARACTERISTICS

IV.1. General socioeconomic conditions of the Quang Nam Province

Quang Nam Province is located in Central Viet Nam, at latitudes of 14057’- 16003’N

and longitudes of 107012’ - 108044’ E, 860km from Hanoi to the South and 865 km

from Ho Chi Minh to the North. It borders with Da Nang city to the North, with Quang

Ngai province to the South, with the sea to the East and with Kon Tum province and

Laos PDR to the West. Most of the province’s geographic area is mountainous, so

transportation in this region is particularly difficult. Quang Nam lies on rich biological

resources, mining products, and water energy.

The land area of Quang Nam is 10,438.4 km2 with a population of 1.5 million. There

are seventeen districts and towns in the province. Quang Nam is a province that

consider agriculture as the main industry. With the two famous traditional products:

the world's highest essential oil content Tra My cinnamon and Ngoc Linh ginseng.

Meanwhile it also pushes forward the development of the industry and infrastructure

facilities, thus scoring the stable growth of the national economy. In 2008, the GDP

of the province is 17,514 billion Dongs, of which the gross domestic product of

Agricultural is 4,375 billion Dongs, taking 24.98% of GDP, the industrial production

value is 6,687 billion Dongs taking 38.18 % of GDP and Service production value is

6,451 billion Dongs, taking 36.84%. GDP grew at an average rate of more than 10% in

the period 2001-2006 and at 12.7% in 2008.

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 1,436 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 37 % of the 3,874 affected

households in the Quang Nam province. Formal and informal meetings and group

discussions with local authorities and other stakeholders including local NGOs was

also carried out during the socioeconomic survey.



Page 30

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

Feasibility Study (FS) 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 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 1,436 affected HHs (5,811 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 Quang Nam section.

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

surveyed population is 36 years old with the average proportion of males is 49.8 %

and females is 50.2 %. The detailed Demographic Characteristics of DPs by

communes are presented in Annex B.

Table IV-1: Demographic Characteristics of DPs (Quang Nam Province 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 (%)

Dien Ban 295 1,314 4.3 47.5 46.1 6.4 48.7 51.3

Duy Xuyen 164 716 4.3 53.9 42.4 3.7 50.3 49.7

Que Son 84 329 4.0 66.6 30.8 2.6 47.3 52.7

Thang Binh 207 871 4.0 56.8 41.5 1.7 51.3 48.7

Nui Thanh 346 1,357 4.2 61.7 34.6 3.7 49.8 50.2

Phu Ninh 336 1,207 4.0 48.2 45.1 6.7 50.4 49.6

Tam Ky city 4 17 4.0 50.9 47.2 1.9 50.0 50.0

Total 1,436 5,811 4.1 55.7 40.1 4.2 49.8 50.2



Page 31

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

Dien Ban 295 1,314 37.7 6.5 15.2 31.3 26.2 20.8

Duy Xuyen 164 716 35.3 5.9 13.9 34.7 27.4 18.1

Que Son 84 329 36 6.2 15.3 32.2 31.9 14.4

Thang Binh 207 871 34 6.5 21.0 31.5 24.5 16.5

Nui Thanh 346 1,357 35.8 5.3 12.6 37.0 30.8 14.3

Phu Ninh 336 1,207 37.4 5.5 11.0 45.0 26.6 11.9

Tam Ky city 4 17 43 4.6 9.9 36.7 37.5 11.3

Total 1,436 5,811 36.4 5.8 14.0 36.3 28.6 15.3

IV.2.2. Educational status

The illiteracy rate among survey HHs is 3 . 4 %. About 4 0 .9 % of the total surveyed

population has attained basic secondary education level while 31.1 % of the total

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

encouraging percentage of the surveyed population (about 19.1%) achieving high

school level and just small portion (5.5%) got college or university degree.

As for the HHs’ Head, the illiteracy rate is very low, just 0.8 %. 47.7 % of the surveyed

HHs Heads has reached primary education. More than 37.3% 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.



Page 32

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

(%)

Dien Ban 295 2.4 44.5 45.7 6.9 0.5

Duy Xuyen 164 1.5 57.0 35.6 5.1 0.8

Que Son 84 0.0 54.3 41.9 3.3 0.5

Thang Binh 207 2.2 38.5 51.8 6.6 0.9

Nui Thanh 346 0.0 50.0 31.1 17.3 1.6

Phu Ninh 336 0.0 41.2 33.3 21.9 3.6

Tam Ky city 4 0.0 55.0 20.0 11.2 13.8

Total 1,436 0.8 47.7 37.3 12.1 2.1

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

(%)

Dien Ban 1,314 6.4 29.6 39.3 19.7 5

Duy Xuyen 716 3.7 36.9 38.2 15.8 5.4

Que Son 329 2.3 35.7 42.5 14.8 4.7

Thang Binh 871 2.4 31.4 42.3 18.2 5.7

Nui Thanh 1,357 3.3 31.9 36.8 22.3 5.7

Phu Ninh 1,207 2.9 24.9 47.5 19.1 5.6

Tam Ky city 4 3.1 28.9 37.2 24.3 6.5

Total 5,811 3.4 31.1 40.9 19.1 5.5



Page 33

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 64.3% of the employed population. There is no statistic figure for

unemployment because except for specific works such as workers, government

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

details are presented in the Annex B.

Table IV-5: Types of employment

District Survey

population Agriculture

(%) Business

(%)

Workers in

industry (%)

Gov service

(%)

Profess-ionals

(%)

self-employed

(%)

Other (%)

Dien Ban 1,067 62.3 10.6 16.4 1.4 6.9 0.6 1.8

Duy Xuyen 585 69.9 4.9 12.7 2.5 3.5 5.0 1.5

Que Son 259 74.1 6.2 9.5 2.6 4.1 0.8 2.7

Thang Binh 636 67.6 12.6 10.9 2.3 4.9 0.0 1.7

Nui Thanh 1,112 59.8 9.7 10.0 8.4 6.4 3.5 2.2

Phu Ninh 1,059 59.1 12.8 9.8 8.4 4.8 3.1 2.0

Tam Ky city 4 66.7 3.5 9.6 12.1 5.9 1.1 1.1

Total 4,733 64.3 9.5 11.1 5.4 5.3 2.4 2.0

Note: Survey populations are at the age of 18 to 55 of the surveyed 1,436 households.

IV.2.4. Household Incomes

More than 64.3 % 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

843,000 per capita per month, of which Tam Ky city has the highest figure, which is

VND 925,000 per capita per month; and Que Son district has the lowest figure, which

is VND 819,149 per capita per month. The monthly income per capita by communes

is presented in Annex B.



Page 34

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 in rural area and 260,000VND per person per

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

the criteria applied to assess the poverty line is 200,000 VND per person per month.

About 76.5% 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 (23.5%) 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.

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

District Total

Surveyed HHs

Income Capita with Less than VND 200,000

Income Capita from VND 200.000 to

500,000

Income Capita with More than VND

500,000

HHs % HHs % HHs %

Dien Ban 295 69 21.0 154 51.1 72 27.9

Duy Xuyen 164 37 24.5 77 46.6 50 28.9

Que Son 84 22 26.2 37 43.6 25 30.1

Thang Binh 207 43 21.5 92 44.9 72 33.6

Nui Thanh 346 83 25.0 154 43.1 109 31.9

Phu Ninh 336 83 24.8 156 44.7 97 30.5

Tam Ky city 4 1 25.0 2 50.0 1 25.0

Total 1,436 338 23.5 672 46.8 426 29.7

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

2 Source: Decision No 170/2005/QĐ-TTg



Page 35

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 26.3 % of the HHs experience with periodic

health check. There is only 21.8% 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

(%)

Dien Ban 295 31.7 68.3

Duy Xuyen 164 29.0 71.0

Que Son 84 27.6 72.4

Thang Binh 207 37.3 62.7

Nui Thanh 346 18.9 81.1

Phu Ninh 336 24.3 75.7

Tam Ky city 4 20.0 80.0

Total 1,436 26.3 73.7

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 years, or 4 years 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

B.



Page 36

IV.2.7. Access to utilities and services

Water supply

None of surveyed HHs is connected to safe water system and all HHs have to use

drinking water derived from wells. 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 66 % of the DPs have latrine with semi-septic tank and 32.3 % use latrine with

septic tank, the remaining 1.7 percent of the population are without toilet facilities.

The detail by communes is shown in Annex B.

Table IV-8: Percentage of HHs has toilet facilities

District Total Surveyed

HHs

Latrine with septic tank

(%)

Latrine with semi septic tank

(%)

Latrine over pond or river

(%)

Dien Ban 295 87.0 10.3 2.7

Duy Xuyen 164 60.0 38.3 1.7

Que Son 84 45.4 52.6 2.0

Thang Binh 207 53.3 43.3 3.4

Nui Thanh 346 4.9 95.1 0.0

Phu Ninh 336 1.7 95.7 2.6

Tam Ky city 4 0.0 100.0 0.0

Total 1,436 32.3 66.0 1.7



Page 37

IV.2.8. Ownership of Consumer Goods

Most of the population has access to telecommunication systems, for instance, more than 86.9 % of the HHs has TV, and about 30 % 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

(%)

Dien Ban 295 44.0 45.7 87.7 37.0 4.4

Duy Xuyen 164 33.3 50.3 73.0 28.0 6.1

Que Son 84 38.7 75.7 71.0 38.3 0.0

Thang Binh 207 34.3 37.7 73.0 26.3 4.3

Nui Thanh 346 26.5 77.8 95.3 55.5 3.1

Phu Ninh 336 13.8 59.2 100.0 34.0 2.8

Tam Ky city 4 25.0 80.0 100.0 62.0 0.0

Total 1,436 29.3 61.3 86.9 39.8 3.2



Page 38

V. RESETTLEMENT IMPACTS

There are a total of 3,874 households in 24 communes of 07 districts of Quang Nam

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

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

partially or fully with the total affected area is 347,138 m2

- 2,473 Households will be impacted due to the loss of agricultural land with

the total area of 2,686,623 m2.

- 1,923,858 m2 other land (public land) will be impacted

- About 1,700,762 m2 of forestry land (Production forestland) will be impacted.

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

houses with the total affected area of houses being 37,594 m2..

- There are 771 HHs have to relocate to new places, of which relocated HHs

due to loss of residential land (both with and without structure) are 364 HHs

including 25 households affected by loss of businesses, and by loss of

agriculture land (407 HHs).

- There are 02 collective or public institutions that will be affected by loss of its

assets.

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 in 07 Districts

Districts Number of affected HHs Number of affected people

Dien Ban 569 2,459

Duy Xuyen 397 1,753

Que Son 502 1,940

Thang Binh 463 1,886

Nui Thanh 1,207 4,487

Phu Ninh 622 2,621

Tam Ky 114 410

Total 3,874 15,556



Page 39

Among the 7 affected districts given in the table above, Nui Thanh has the highest

number of affected HHs by the project, which is 1,207 whereas 114 affected HHs

were recorded in Tam Ky City which is the lowest number compared to others.

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.

Table V-2: Number of affected area of different land types

Districts Loss of

residential land (m2)

Loss of agricultural land (m2)

Loss of production

forestry land (m2)

Loss of other3 types of land (m2)

Total (m2)

Dien Ban 74,182 612,145 0 154,602 840,929

Duy Xuyen 19,202 437,378 59,794 110,957 627,331

Que Son 20,832 241,307 448,467 170,527 881,133

Thang Binh 73,258 309,710 97,912 361,334 842,214

Nui Thanh 60,856 595,836 863,644 712,693 2,233,029

Phu Ninh 87,638 456,119 215,927 169,106 928,790

Tam Ky 11,170 34,128 15,018 11,543 71,859

Total 347,138 2,686,623 1,700,762 1,690,762 6,425,285

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 2,686,623 m2. Forestry land and other land

has nearly the same amount of areas that are lost, which are 1,700,762 m2 and

1,690,762 m2 respectively. Residential land experienced the lowest amount of

affected area which is 347,138 m2. Each types of affected land is discussed detail in

the following sections.

1. Loss of Agricultural Land

The number of households who are affected by the loss of agricultural land (losing more than 20% of the total area of the agricultural land holding) by districts and

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 40

number of households which fully affected on agricultural land holding (fully affected or the remaining areas are less than 300 m2) are shown as in Table V-3 below.

As can be seen in the Table V-3 below, 2,473 HHs are affected by loss of agricultural land, of which 2,126 HHs lose more than 20% of their land holding and 407 HHs lose more than 70% of their total agriculture land holding. Of the 407 households affected by loss of >70% of agricultural land, 210 households lose entire land holdings.

347 households are affected by loss of <20% of land holdings. The DPs in this category would also be entitled to additional assistance and income rehabilitation.

Only 1,485 households have red book, 791 households have not received red book, but are legalizable and are entitled to receive red book. A total of 197 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.

Degree of Impact and land-for-land option

Although 2473 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 0.45-4.96% in Quang Nam province - the overall average being 1.47%. 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 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 407 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 WB’s Op 4.12 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 2126 households fall in this category. Of these 407 would lose >70% of their productive land. The remaining 1719 hh would lose between 20-70% of their land holding. As discussed above, there would be very few of these households entitled to land-for-land option OR looking for replacement land because the remaining area of their land would be more than sufficient to support the family.



Page 41

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 adjoing the project area, that can be purchased by the DPs if they so wish on willing-buyer willing-seller basis. During the public consultation exercise, many DPs expressed that it would not be difficult for them to buy private agricultural land (Section VIII.2.a). 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.

External monitoring agency will closely monitor the type of assistance sought by the DPs and the level of support provided by the project authorities.

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 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 3 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



Page 42

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, as described in Section III.3.10, to support their full livelihood restoration and assure asset compensation at replacement value.



Page 43

Table V-3: DPs Affected by Loss of Agricultural Land

District Loss of

agricultural land (m2)

Number of HH affected by loss of Agricultural

land

Number of HH affected by loss

of <20% of total

agricultural land holding

Number of HH affected

by loss of 20% - 70% of

the total agricultural land holding

Number of HH affected by loss of >70% of the

total agricultural land holding

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

Dien Ban 612,145 440 44 294 102 265 141 34

Duy Xuyen 437,378 347 52 239 56 208 111 28

Que Son 241,307 316 47 210 59 190 102 24

Thang Binh 309,710 290 43 204 43 173 93 24

Nui Thanh 595,836 631 94 468 69 379 201 51

Phu Ninh 456,119 394 59 269 66 237 125 32

Tam Ky 34,128 55 8 35 12 33 18 4

Total 2,686,623 2,473 347 1,719 407 1,485 791 197



Page 44



Page 45



Page 46

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 districts as in Table

V-5 below.

Table V-5: Number of households affected on residential land 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

Dien Ban 74,182 154 55 9 78 12

Duy Xuyen 19,202 65 21 5 34 5

Que Son 20,832 46 11 0 32 3

Thang Binh 73,258 139 58 9 63 9

Nui Thanh 60,856 197 61 7 112 17

Phu Ninh 87,638 257 106 15 118 18

Tam Ky 11,170 20 7 0 7 6

Total 347,138 878 319 45 444 70

As can be seen from the Table V-5, 878 HHs are affected by loss of residential land, of

which 514 HHs are partially loss of land both with and without structure. The

remaining land is sufficient for them to continue to live there; so that relocation

option is not applicable. The compensatory money will be provided to those. 364 HHs

are fully affected and needed to be relocated and the project has to acquire and

compensate for a whole plot.



Page 47

Table V-6: Legal status on land use right

Districts HH affected by

loss of residential land


households have LURC

Households have not granted with

LURC

households will not be eligible to

have LURC

Dien Ban 154 102 37 15

Duy Xuyen 65 41 16 8

Que Son 46 30 9 7

Thang Binh 139 85 42 12

Nui Thanh 197 124 50 23

Phu Ninh 257 153 75 29

Tam Ky 20 14 4 2

Total 878 549 233 96

It is identified that there are 549 households have LURC, 233 households have not

granted with LURC, but are legalizable to be granted with LURC and 96 households

will not be eligible to have LURC because they have changed the use of land from

agricultural to non-agriculture without permission. When these HHs are affected by

the land acquisition, they will be compensated based on the agriculture land use

according to the Decision 29/2008/QD-UBND of Quang Nam PPC dated on 26th

August 2008.

3. Loss of Forest Land

Total 1,700,762 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 forest land under the 135

program would need to be collected at the time of DMS.

4. Loss of Other Land

There are 1,690,762 m2 of ‘other land’ affected by the project. However, this

category of land is public land. Ttherefore, 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.



Page 48

Fully affected houses.

The number of HHs who are fully affected due to the loss of houses is 319, 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. Class 4 and temporary house are of the

lowest quality in terms of use of building material and condition.

The total affected area is 22,037 m2, of which 9,563 m2 belongs to class 4 houses,

followed by 7,054 m2 of class 2 houses, 2,718 m2 of class 1, 1,717 m2 of temporary

houses and finally is 985 m2 of class 3. The losses of houses by communes are

described in Annex C.

There are no houses on non-residential land.

Table V-7: Fully affected houses by districts (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

Dien Ban 55 55 7 3 1 24 20

Duy Xuyen 21 21 3 5 1 8 4

Que Son 11 11 0 3 2 4 2

Thang Binh 58 58 3 13 1 30 11

Nui Thanh 61 61 4 21 3 31 3

Phu Ninh 106 106 9 38 2 48 9

Tam Ky 7 7 0 1 0 6 0

Total 319 319 26 84 10 151 49

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 49

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

Dien Ban 3,300 720 249 75 1,560 696

Duy Xuyen 1,423 295 396 80 520 132

Que Son 679 0 233 125 245 76

Thang Binh 3,769 330 1,050 65 1,950 374

Nui Thanh 4,453 425 1,781 200 1,943 104

Phu Ninh 7,933 948 3,255 440 2,955 335

Tam Ky 480 0 90 0 390 0

Total 22,037 2,718 7,054 985 9,563 1,717

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


Dien Ban 78 78 8 1 2 67

Duy Xuyen 34 34 2 12 6 14

Que Son 32 32 0 7 7 18

Thang Binh 63 63 4 21 6 32

Nui Thanh 112 112 4 28 2 73

Phu Ninh 118 118 25 49 5 39

Tam Ky 7 7 0 0 0 7

Total 444 444 43 118 28 250



Page 50

Table V-10: Area of partially affected houses according to each house class

Districts Total Affected

area (m2)

Affected area (m2)


Dien Ban 2,715 290 40 40 2,345

Duy Xuyen 985 45 430 110 400

Que Son 945 0 260 139 546

Thang Binh 2,231 188 822 260 961

Nui Thanh 3,829 140 1,042 92 2,555

Phu Ninh 4,274 835 1,894 180 1,365

Tam Ky 245 0 0 0 245

Total 15,224 1,498 4,488 821 8,417

There are 444 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 250 houses. No temporary houses were recorded by partially

loss.

The total affected area is 15,224 m2.

These partially affected houses will received the compensation at replacement cost

for the affected area plus 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.

Cement ground has the highest affected areas, which are 11,949 m2; followed by the

area of kitchen (which is 7,927 m2), Houses for poultry (which is 5,114 m2), sub-

house with fibro cement font cover (5,077 m2), Brick wall fence (4,522 m2), and

finally, the lowest affected areas belongs to iron gate with 1,429. The number of

graves and well are considerable high, which are 3,737 and 404 respectively.



Page 51

Table V-4: 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

Dien Ban 4,445 829 1,567 1,217 730 243 648 103

Duy Xuyen 324 855 545 1,255 753 251 608 41

Que Son 93 84 142 323 285 114 252 4

Thang Binh 1,570 3,204 1,213 3,300 1,980 660 775 112

Nui Thanh 544 79 578 2,010 288 58 691 47

Phu Ninh 942 62 1,018 3,793 509 102 700 94

Tam Ky 9 15 14 51 7 1 63 3

Total 7,927 5,128 5,077 11,949 4,552 1,429 3,737 404



Page 52

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 2,283,630 m2 of land under rice crop, 349,263 m2 of land under maize

crops, 72,335 m2 of land under sugar cane, 731,327 trees of acacia and 963,735 trees

of eucalyptus will be affected. The number of other affected trees are 11,445.

Table V-5: Impacts on annual crops and trees by Districts

Districts Rice (m2) Maize (m2) Sugar cane

(m2) Acacia (tree)

Eucalyptus (tree)

Number of other trees

Dien Ban 520,323 79,579 13,944 0 88,123 1,995

Duy Xuyen 371,771 56,860 9,969 25,711 63,245 825

Que Son 205,111 31,370 6,703 192,841 97,201 645

Thang Binh 263,254 40,262 10,169 42,102 205,961 1,815

Nui Thanh 506,461 77,460 19,757 371,367 406,235 2,595

Phu Ninh 387,701 59,295 10,983 92,848 96,390 3,360

Tam Ky 29,009 4,437 810 6,458 6,580 210

Total 2,283,630 349,263 72,335 731,327 963,735 11,445

The number of households affected by the loss of crop areas and those affected by

the loss of agricultural land are the same i.e. 2,473 households. In addition, a total of

878 households are affected by loss of over 1,7 million trees in kind of acacia,

eucalyptus 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 34 small scale businesses (independent shop) are affected, of which 25 will

have to be relocated. These affected households (25 HHs) are eligible to organize on



Page 53

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.

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, 18 businesses are registered while

the remaining 16 are un-registered. 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 2.5 million VND, especially 4.5

million VND per household per month was recorded in Que Son district, which is the

highest figure among 7 affected districts.

Table V-6. 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)

Dien Ban 3 2 3 0 2,333,333

Duy Xuyen 3 1 2 1 3,333,333

Que Son 5 5 3 2 2,300,000

Thang Binh 4 2 1 3 1,437,500

Nui Thanh 9 7 5 4 2,422,222

Phu Ninh 10 8 4 6 2,160,000

Tam Ky 0 0 0 0 0

Total 34 25 18 16 2,283,824



Page 54

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 Tam Thai commune, Phu Ninh district

- Five 220 kV electricity poles in Dien Ban district

- Eight 35 kV electricity poles

- Eleven 10kV electricity poles, and

- Thirty- five 0,4kV electricity poles

All these electricity poles belong to Quang Nam electricity.

- Eighteen telephone poles, belonging to Quang Nam post office.

F. Impact on vulnerable people

Vulnerable groups include HHs who are under the poverty line set forth by MOLISA

(338 HHs) , female headed HHs (471 HHs) and those eligible to the social policy5 of

the Government (249 HHs). Among 7 affected districts, Duy Trung contains the

highest number of HHs in each vulnerable groups, which is 126 HHs who are under

the poverty line set forth by MOLISA, 62 HHS have problems with social policy and

number of female headed HHs are 115. Most of the 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 that can be classified as

vulnerable would be 471.

Table V-7: Affected vulnerable households

Districts Number of HH is under the

poverty line set forth by MOLISA

Number of HH covered under social policy

Number of female- headed HH

Dien Ban 69 45 69

Duy Xuyen 37 35 51

Que Son 22 55 69

Thang Binh 43 31 71

Nui Thanh 83 50 77

Phu Ninh 83 62 115

Tam Ky 1 16 19

Total 338 294 471

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...



Page 55

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-8 below indicates the number of HHs that need

to be 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 796 would be entitled to relocation and are entitled

to receive plots at the RS. Of these, 364 households are affected by loss of residential

land (both with and without structures). 25 of these households would be provided

space for carrying out business activities at the resettlement sites. Additionally, 407

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-8: Number of Household Are Entitled to Receive Land Plot in Resettlement

Sites

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

business HH

Total No. of HHs who have to be relocated or entitled to

receive a minimum land

plot

Dien Ban 55 9 102 2 166

Duy Xuyen 21 5 56 1 82

Que Son 11 0 59 5 70

Thang Binh 58 9 43 2 110

Nui Thanh 61 7 69 7 137

Phu Ninh 106 15 66 8 187

Tam Ky 7 0 12 0 19

Total 319 45 407 25 771

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 56

Summary of Impacts

Based on the description of impacts in the previous sections, the summary is

presented in the Table V-9 below:

Table V-9: Summary of Impacts

Number Item Number of Affected HHs

Unit Quantity

I Land

1 Agricultural land 2,473 m2 2,686,623

2 Residental Land 878 m2 347,138

3 Production forest land Number of HHs to be collected at DMS

m2 1,700,762

4 Other land - m2 1,690,762

II Structure

1 House Class 1 69 m2 4,216

2 House Class 2 202 m2 11,542

3 House Class 3 38 m2 1,806

4 House Class 4 401 m2 17,980

5 Temporary House 52 m2 1,839

6 Other Structure 763 m2 39,095

III Crops and trees

1 Crops 2,473 m2 2,686,623

2 Forest trees - Tree 1,695,062

3 Other Trees 878 Tree 1,706,507

IV Loss of Business 34 VND/HHs/ Month

1,837,143

V Collective assets and public works electricity poles Number 43

Telephone poles Number 12

VI Relocation Requirement 771 - -

Entitlement Matrix

The entitlement matrix for compensation and relocation is described as in Table V.17

below.



Page 57

Table V.17: 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.

2,473 DPs

1.1. Marginal loss (<20% of land holding)

Single affected plot: The remaining area of affected plot is still economically viable (>300 m2) for use or meets the expected personal yield.

347 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.

244 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, affected farmers, 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.

76 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 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

27 DPs

DPs will receive assistance corresponding to 50% of land replacement cost. In addition to above, rehabilitation/training assistance will be provided.

1.2. Loss (>20%) Fully (a) Owners of land (i) with - if more than 20% of a household’s agricultural land is This considered as a similar



Page 58



affected plot or where <20% land affected but the remaning land is rendered unviable

Affected plots: To be fully acquired if the remaining land is no longer viable for continued use or does not meet the expected yield. This will be determined by the DCSCC and concurred with by the affected household during DMS).

2,126 DPs

LURC; or (ii) In the process of acquiring LURC; or (iii) Eligible to acquired LURC.

1,241 DPs

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 ans 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 three (03) times of compensation for agricultural land or allocated with one plot or apartment or business land plot.

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..


715 DPs

As the same policy mentioned for categories 1.1 (b) above.



Page 59




170 DPs

. As the same policy mentioned for categories 1.1 (c) above.

2. Residential Land and joint garden.

878 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.

514 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.

315 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.



Page 60



(b) Users with temporary or

leased rights to use land.

137 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.

(c)Land Users without

recognized Rights to Use

Land.

62 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.


(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.

234 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

- 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



Page 61



364 DPs 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.

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 consultant of PMU 85 in consultation with stakeholders and then approved by the PC of Quang Nam Province. 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.


96 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.


34 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.



Page 62



3. Structures

763 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.

444 DPs

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit.

444 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 could be (i) The

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit

319 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




Page 63



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.

319 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)

763 DPs

Loss of, or damage to assets

763 DPs

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit.

763 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.

3,351 DPs

Owners regardless of tenure status

3,351 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 cost equivalent to current market value given the type, age and productive value (future production) at the time of

DPs will be given notice several months in advance regarding evacuation. Crops grown after issuance of the deadline will not be compensated.



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3,351 DPs compensation.

- Timber trees based on diameter at breast height at current market value

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

155 DPs

Have to move the graves or tombs

155 DPs

Affected households or group of HHs

155 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.

9. Loss of Income/ Livelihood due to loss of productive land

2,126 DPs

Impacts due to permanent loss of 20% or more of their total productive land or where <20% land affected but the remaining land is rendered unviable.

2,126 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

2,126 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, 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

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.



Page 65



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 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



Page 66



local manufacturing industries.

10. Loss of Income/ Livelihood due to relocation of business

34 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.

Impacts on shops or other types of services

25 DPs

Relocating shop owners regardless of tenure status.

25 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 adjusted to account for inflation.



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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) Relocated Households including social policy heroic mothers, ware veterans, wouded or dead soldiers families: 1.5-4 mil/HH: (ii) Poor Relocated Household or Poor Household whose 20% or more of their productive land affected or where <20% land affected but the remaining land is rendered unviable: 3-5 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 (1.5-4.0 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: All DPs who vacate the affected land immediately after receiving compensation and allowances will be given an incentive allowance of 3-5 mil VND.

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



Page 68

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.

13. 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.

14. 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 developed by the project), together with need of resettlement sites in the districts

is shown in table below.

A total of 771 HHs would need to be relocated. Out of the 364 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.

Households opting for self-relocation will be entitled to compensation and relocation

assistance. For those opting for project sponsored RS, the minimum number of

households for a RS would be at least 25 to make it economically feasible for

provision of utilities and public services. Particularly, in Tam Ky City, there are only 19

households eligible for relocation. These households would be pooled with other

relocating households in the adjoining districts provided they are willing to move

there.

VI.1. The potential of the resettlement sites

Information on the potential 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 sites is summarized

below:

Dien Ban district

Dien Ban 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 is one site in Dien Tho commune. The site is in Ward 2 with the area of

about 25,000 m2. This site is close to the commune link road, health care

station, kindergarten, and community cultural house, about 0.5 km to old

residential area. The transmission lines of 35Kv and 0.4 kv are available nearby

the site.



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2) There are two sites in Dien Tien commune of Dien Ban district (i) the first site

is with the area of about 6,000 m2 in Ward 5, 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 Thai Cam of Dien Tien commune with the area of about from

10000 m2 to 15,000 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 near by the site.

Duy Xuyen district

3) There are two sites in Duy Son commune of Duy Xuyen district (i) the first site

is with the area of about 25,000 m2 in Ward Chiem Son, the former owner was

the local government. This site is about 100 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 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 Nham Dong with the area of about 10,000 m2. This

site is close to the commune link road, health care station, kindergarten, and

community cultural house, about 100 m to old residential area. The

transmission lines of 35 kv and 0.4 kv are available nearby the site.

4) There is one site in Duy Trung commune of Duy Xuyen district. The site is with

the area of about 11,000 m2 in Ward Nam Thanh, the former owner was the

local government. This site is about 700 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.

Thang Binh district

5) There is one site in Binh Que commune of Thang Binh district. The site is with

the area of about 30,000 m2 in Ward Binh Hoi, 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 35 KVA and 0.4 KVA

are available nearby the site.



Page 71

6) There is one site in Binh Chanh commune. The site is in Ward My Tra of Binh

Chanh commune with the area of about 15,000 m2. This site is close to the

commune link road, health care station, kindergarten, and community cultural

house, about 1 and 1.5 km to old residential area. The transmission lines of

110 kv, and 0.4 kv are available nearby the site.

7) There are two sites in Binh Quy commune of Thang Binh district (i) the first

site is with the area of about 16,000 m2 in Ward Quy Thanh 1, the former

owner was the local government. This site is about 700 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 35 KVA and 0.4 KVA are available nearby the site. (ii) The other site is in

Ward Quy Phuoc 1 with the area of about from 15,000 m2 to 20,000 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 available nearby the site.

Phu Ninh district

8) There are two sites in Tam Thanh commune of Phu Ninh district (i) the first

site is with the area of about 6,500 m2 in Ward 6, the former owner was the

local government. This site is about 150 m far from the old residential area.

The site is also very close to the commune-link roads, health care station,


are available near by the site. (ii) The other site is in Ward 7 with the area of


station, kindergarten, and community cultural house, about 100 m to old

residential area. The transmission lines of 0.4 KVA are available nearby the

site.

9) There is one site in Tam Phuoc commune. The site is in Ward Phu My with the

area of about 10,500 m2. This site is close to the commune link road, health

care station, kindergarten, and community cultural house, about 0.5 km to old


the site.

10) There are three sites in Tam Thai commune of Phu Ninh district (i) the first site

is with the area of about 10,500 m2 in Ward Hoa Binh, the former owner was




are available nearby the site. (ii) The second site is in Ward Truong My with the



Page 72


care station, kindergarten, and community cultural house, about 300 m to old


site. (iii) the third site is in Ward Khanh Tho with the area of 11,500m2. This

site is about 200 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.

11) There are two sites in Tam Dan commune of Phu Ninh district (i) the first site is

with the area of about 6,000 m2 in Ward Xuan Trung, the former owner was




are available nearby the site. (ii) The other site is in Ward Trung Dinh with the


care station, kindergarten, and community cultural house, about 150 m to old


site.

12) There is one site in Tam Dai commune. The site is in Ward Dong Tay with the




the site.

Tam Ky City

No potential resettlement sites were identified in Tam Ky city.

Nui Thanh district

Nui Thanh district authorities advised that the Project Management Unit should plan



13) There is one sites in Tam Xuan 1 commune. The site is with the area of about

25,000 m2 in Ward 5, the former owner was the local government. This site is

about 200 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 and 0.4 KVA are available

nearby the site.



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14) There is one site in Tam My Dong commune. The site is in Ward 5 with the



residential area. The transmission lines of 110Kv are available nearby the site.

Que Son district

Que Son district authorities advised that the Project Management Unit should plan



15) There is one sites in Que Xuan 2 commune. The site is with the area of about

10,000 m2 in Ward 5, the owner is the local government. This site is about 200

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 35 KVA and 0.4 KVA are available nearby the site.

16) There is one site in Phu Tho commune. The site is in Ward 1 with the area of


station, kindergarten, and community cultural house, about 0.5 km to old

residential area. The transmission lines of 35Kv are available nearby the site.

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 where remaining agricultural land is rendered unviable

are entitled to get land plot of minimum size 100m2.



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Based on the land requirement, land plots from the 24 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 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. This includes

areas allocated for public facilities and utilities as well areas for establishing local shops/market.



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

District

Number of HHs who is entitled to

relocate Required resettlement area (m2)

Avaiability of Potential

Resettlement Area

Remarks

Total

HH

relocated

due to

loss of

Res. Land

Number of

HH Affected

by loss of

agricultural

land with

unviable

remaining

land

Total

Resettlement

Area

Resettlemnt

Land-plot

Area

Basic Service

Area

Number of

potential

resettlement

site

Area of

potential

resettlement

site (m2)

Dien Ban 166 64 102 53,1200 16,600 36,520 03 46,000

The land for the potential RS is owned by

local government. All the potential sites

have good road access and are close to

the existing public facilities and utilities.

Duy

Xuyen 82 26 56 26,240 8,200 18,040 03 46,000





Que Son 70 11 59 22,400 7,000 15,400.0 02 20,000





Thang

Binh 110 67 43 35,200 11,000 24,200 04 81,000






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Nui

Thanh 137 68 69 43,840 13,700 30,140 02 45,000





Phu Ninh 187 121 66 59,840 18,700 41,140 10 71,500





Tam Ky 19 7 12 6,080 1,900 4,180 0 0 -

Total 771 364 407 246,720 77,100 169,620 24 309,500



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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 Quang Nam Province.

(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

responsible in order to design, construct and relocate households to the new

resettlement sites.



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(a) The Project Management Unit 85 and the DCSCC to propose the sites to

the PPCs of Quang Nam 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 Quang Nam province for its

review and then to the PPCs of Quang Nam 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

households will not be displaced until the commune/ward allocates

land acceptable to DPs and until DPs received full compensation and

allowances due them.



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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

2 Approval for selected sites of

city/province PC February 2011

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 Quang Nam

province 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 DCSCC

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 DCSCC

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 RP, 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 RP is approved.

The following activities need to be done by DCSCC once the RP 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 programs and assistance

additional to the compensation. Additionally, households affected by loss of business

and employment , poor and other vulnerable households would also be entitled to

income rehabilitation assistance. The entitlement for the economic restoration and

livelihood improvement are described in detail in Chapter 3. The combination of

income rehabilitation measures focusing on the DPs affected by loss of productive

land, loss of businesses, 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 remaning 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

Not withstanding 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 Quang Nam province 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 Dien

Ban district,

Quang Nam

province

At offices of

consulted

institutions

From 28 to 31

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

2. With Duy

Xuyen

At offices of

consulted

From 23 to 26




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district,

Quang Nam

province

institutions - Center for vocational training and employment orientation.



- Women Union


3. Thang

Binh district,

Quang Nam

province

At offices of

consulted

institutions

From 21 to 23





- Women Union


4. With Tam

Ky city,

Quang Nam

province

At offices of

consulted

institutions

From 15 to 18





- Women Union


5. With Que

Son district,

Quang Nam

province

At offices of

consulted

institutions

From 21 to 23





- Women Union


6. With Phu

Ninh district,

Quang Nam

province

At offices of

consulted

institutions

From 4 to 8

January 2010

- District Department of Labor and invalid and

Social Affairs.

- Center for vocational training and

employment orientation.



- Women Union


7. With Nui

Thanh

district,

Quang Nam

province

At offices of

consulted

institutions

From 12 to 15

January 2010

- District Department of Labor and invalid and

Social Affairs.

- Center for vocational training and

employment orientation.




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- Women Union


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 Quang Nam province

could be considered for the economic restoration and livelihood improvement for

the project affected people

Province Key information and possibility of activities/programs

1. Dien Ban

district

- Vocational training center has 47 trainers but is with limited functions

and at the presence just mainly doing vocational training for the high

school pupils. This vocational training center could organize the courses

on IT, garment industry, mechanical, electrical etc. 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 15 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 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 for 1,905 HHs 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 the programs with

loans for economic development, each poor HH could borrow not more

than VND 30,000,000 and with an interest of 0.65% per month. One

family could borrow not more than VND 20,000,000 for self-

employment and with an interest of 0.65% per month. This Bank also

supports loans for students from poor families, and for improving

sanitation facilities of families as well as for labor export and buying

houses.



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2. Duy Xuyen

district

- Vocational training center has 39 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.

After training, the trainees would be introduced by the center to many

companies, enterprises for employment and with a monthly salary is

about VND 1,200,000 to 1,500,000.

- Extension Center for Agriculture has 04 staff; the staff of this center is

with the background on agriculture and husbandry. It is implementing

the programs in the district such as fresh vegetable planting, TA for

planting with new types of rice and livestock rising.

- Farmer Association has 04 persons with the university degrees and

implementing the programs for on poverty reduction, loan assistance to

husbandry and agricultural activities.

- Women Union has is implementing the programs such as loans for the

poor female headed HH from the social and policy Bank, microfinance,

employment for women 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.

3. Thang Binh

district

The same functions of the relevant institutions in Thang Binh district are

as below:

- Vocational training Center of Thang Binh district has 39 staff. Targets

on the training courses for rural households. Training includes animal

husbandry, agricultural extension, rubber tree planting; handicrafts

mushroom growing, sewing, electrical/mechanical trainings, driving

lessons. Courses offered vary from 3 months to 3 years.

- Agricultural Extension Center has 06 staff and including Engineers of

Agriculture and Veterinary Medicine. It is implementing some programs

for poverty reduction, new rice seedlings etc.,

- Farmer Association has 05 persons. It is implementing for the loan to

farmers (with low interest) for employments and assist for selling

products. Borrowing conditions are: Households have farm, fish ponds



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and each household can borrow up to VND 5 million.

- Women Union is running for programs on loans to the farmers, loans

from the Social and Policy Bank etc.

- Loan from the Social and policy Banks: Targets to help the poor

families. Long-term repayment with low interest (0.17% per month in

three years). Maximum amount household can borrow is VND

30,000,000. The loan from the Social and policy Bank supports for the

poor families, students, improving for family sanitation facilities.

4. Que Son

district

- Vocational training center has 12 trainers; of which 12 persons

graduated from universities. This vocational training could organize the

courses on garment industry, mechanical, electrical, motorbike

reparation, construction and IT etc. the courses is from 03 months or 6

months to two years or three years.

- Extension Center for Agriculture has 12 staff; of which, 05 are working

at the center office and 07 staff are working in the communes. Staff of

this center is with the background on agriculture and husbandry. It is

implementing the programs in the district such as fish and shrimp

farming, salt farming, TA for planting with new types of rice and

livestock rising, animal husbandry.

- Farmer Association has 06 persons and implementing the agricultural

programs and assistance families to access loans for husbandry and

agricultural activities.

- Women Union has 06 persons and it is implementing the programs

such as loans for the poor female headed HH from the social and policy

Bank, microfinance, employment for women etc.

- Social and policy Bank Branch is implementing several programs with

loans for economic development, for poor HH, for pupils from the 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.

5. Phu Ninh

district

- Vocational training center has 47 trainers. This vocational training

could organize for 13 courses yearly and on garment industry,

mechanical, electrical, motorbike reparation, TA on agriculture and

husbandry. The courses are from 03 months or 6 months to two years

or three years. People complete class 9 above is acceptable to the

training courses of this center.



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- Extension Center for Agriculture are with the background on

agriculture, forestry and husbandry. It is implementing the programs

such as fish farming, TA for planting with new types of rice and livestock

raising, animal husbandry. The HH participate to the programs will be

assisted with 60% for seedlings and materials need for the programs.

- Farmer Association is implementing the agricultural programs and

assist families to access loan for husbandry and agricultural activities.

The Farmer Association is in a cooperation with the vocational training

and carry out the training programs on garment industry, IT, electrical

technique etc.

- Women Union is implementing the programs such as loans for the

poor female headed HH from the social and policy Bank, microfinance,

employment for women, applying new technology on farming and fish

farming.

- Social and policy Bank Branch of Phu Ninh district is implementing

several programs with loans for economic development, for students,

for poor HH, for labor export and for improving sanitation facilities etc.

6.Nui Thanh

district

- Vocational training center has 22 staff with degree of economics, IT,

Finance and Administrative skills etc. This center trains on the areas of

electricity, mechanics, repairing motorcycles etc., It organizes with the

short term and medium term courses.

- Farmer Association has 06 staff. Currently, this Association is

implementing several programs such as planting fresh vegetables, fish

farming etc.

- Women Union has is cooperating with the district Social and Policy

Bank to run some programs for the poor families. The poor family could

borrow from VND 5 to 15 million.

- Agricultural Extension Center of Nui Thanh District has 05 staff, all of

them are with University Degrees. It is running the programs on

husbandry, aquaculture and agriculture.

- Social and policy Bank has 05 loan programs for the poor families, for

students from the poor families, for sanitation improvement, for labour

export, employment.



Page 89

7.Tam Ky City There are many Vocational training centers in Tam Ky City. These

centers train on the areas of electricity, mechanics, repairing

motorcycles, animal husbandry, agricultural extension, rubber tree

planting; handicrafts mushroom growing, sewing, electrical/mechanical

trainings, driving lessons etc., It organizes with the short term and

medium term courses.

- Farmer Association is implementing several programs such as planting

fresh vegetables, fish farming etc.

- Women Union has is cooperating with the district Social and Policy

Bank to run some programs for the poor families.

- Agricultural Extension Center of Nui Thanh District has 05 staff, all of

them are with University Degrees. It is running the programs on

husbandry, aquaculture and agriculture.

- Social and policy Bank has programs for the poor families, for students

from the poor families, for sanitation improvement, for labour export,

employment.

In Quang Nam province, 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 laborers. The employment is also could be accessible through DOLISA of

Quang Nam province.

(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



Page 90

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 households

affected by loss of productive land to rebuild their sources of livelihood and thus

regain, if not improve, their pre-project standards of living. In 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:



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- 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.

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 RP 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 RP implementation

The following activities and steps to help the affected households will need to be

done by DCSCC.

- Finalize the list of the DPs affected by loss of productive land 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,



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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.

- 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.

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.



Page 93

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.



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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 RP 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 RP.

- 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.



Page 95

- Conduct of socio-economic and affected property surveys with the latter

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 RP 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 RP preparation consists of two rounds:

a. The first round is for an Interim RP

In December 2008, the PMU85 with the assistance of resettlement team held one

meeting with each affected district (07 meetings with 07 affected districts of Quang

Nam province) and communes. These meetings 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 RP 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 RP

(vi). Compensation and relocation modes (options to cash or in kind

compensation)

(vii). Gender issues in RP; and

(viii). Mechanisms of participation, complaint, monitoring and evaluation

through all phases of RP 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.



Page 96

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

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 seven districts are described as in table below.

Table VIII-1: Meetings in affected districts

No Meeting Time Venue Participants

1 Dien Ban district March 2009 Dien Ban DC office

03 Leaders of District PC

2 Duy Xuyen District March 2009 Duy Xuyen DC

office 02 Representatives of commune

3 Thang Binh District March 2009 Thang Binh DC

office 03 Representatives of commune

4 Que Son district March 2009 Que Son DC

office 03 Representatives of the district.

5 Tam Ky City March 2009 Tam Ky DC

office 03 Representatives of the district.

6 Phu Ninh District March 2009 Phu Ninh DC

office

03 Representatives of

the district.

7 Nui Thanh district March 2009 Nui Thanh DC

office

03 Representatives of

the district.



Page 97

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 <300 m2 it would not

be 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 districts

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. Preference of local people and local

authorities on the modes of resettlement (to the relocation sites or self-

relocation): Dien Quang commune, Dien Ban District and Tam Ky city

commented that no land is available for building the resettlement site, but

the project could buy plots, apartments from developers of residential

areas in the district. However, the district also confirmed that the

compensation price of Quang Nam is lower than the price of plot at the

residential areas. Consequently, people would not afford to buy the plot or

apartment selling by land developers. The details of preference of local

people and local authorities on the modes of resettlement are shown in

chapter VI.

Concerns on compensation cost: All districts said that the compensation

costs need to be based on prices at the market price, especially the

agricultural land. Duy Xuyen district commented that the compensation

price should be surveyed and evaluated by independent evaluators. Thang

Binh district suggested that it is experienced from other projects in this

district that about 70% of HHs accepted the compensation prices enacted

by the Province. However, all compensation will be at replacement cost.

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. Quang Nam province

have programs of training for people who are impacted by land acquisition.

Skills requirement including garment industry, mechanics, electrician etc. It



Page 98

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 an 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 RP

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 RP

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 RP.

b. Second round of consultation is a draft RP and final RP

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

(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 RP.



Page 99

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 RP (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 (24 meetings in 24 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 Quang Nam province and local NGOs, affected districts 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 RP and implementation

arrangements (responsibilities, schedules etc.,) were obtained.

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



Page 100

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 1,436 affected people were interviewed, 80% preferred livelihood

restoration programme, participation 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

affected

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

Dien Ban 613 295 231 78.3 64 21.7

Duy Xuyen 443 164 123 75.0 41 25.0

Que Son 446 84 74 88.1 10 11.9

Thang Binh 462 207 157 75.8 50 24.2

Nui Thanh 831 346 271 78.3 75 21.7

Phu Ninh 769 336 282 83.9 54 16.1

Tam Ky 106 4 4 100.0 0 0.0

Total 3,670 1,436 1,142 79.5 294 20.5

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.



Page 101

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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 Quang Nam Province 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 transparent way.



Page 102

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.

XIII.4. Disclosure

The DCSCC will disclose (i) Approved RAP at the offices of DONRE and DOF of Quang

Nam province and at the offices of affected district; (ii) A pamphlet of Compensation

and resettlement will be prepared by PMU 85 and disseminated to DPs 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.



Page 103

IX. IMPLEMENTATION ARRANGEMENTS

IX.1. Responsibility

The following key institutions (the project owner, local authorities, local NGOs etc.)

will be responsible and accountable for RP 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 Study

(RCS) 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 104

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 RP;

- Coordinate with the Provincial People’s Committee of Quang Nam 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 RP, 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 RP.

- 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 RP 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,



Page 105

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 Quang Nam 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 Quang Nam 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 RP.

- Provide guidance for the outstanding issues in the phase of RP

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 Quang Nam for its approval.



Page 106

(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 RP 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 107

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 RP 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 Quang Nam Province 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 RP implementation, recruitment of adequate

and qualified staff for PMU 85 and DCSCC is required. To implement RP smoothly, in

each commune, an working team will be established (this team will be composed of



Page 108

land management official, deputy Chairman of Commune, representative of women,

farther front, villages etc) to cooperate with DCSCC in RP implementation.

(2) Operation manual and Capacity building

To implement RAP smoothly, the manual on the RAP operation would be prepared

by the Quang Nam Province 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 RP 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; and (iii) Lack of involvement of the relevant institutions

to the different aspects of RP 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.



Page 109

(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 RP approved by C/PPC and WB, and (iii) any

revisions to the updated RP 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/televion, 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 RP

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 Quang Nam province.

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 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



Page 110

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 Quang Nam province. 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 Quang Nam Province 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

at least 10% of other DPs. However, information on socioeconomic characteristics for

which the households would be entitled to assistance such as: tenure status,



Page 111

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 respective PPCs as soon as the RAP is approved by the 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 DPs until it is resolved

following the grievance redress process.

8 The Committee will be established separatedly with District Resetlement Committees



Page 112

(1) 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.

The Resettlement Completion Report will also provide comparative details on the



Page 113

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 RP

is obtained and its implementation begins.



Page 114

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



Page 115



Page 116

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 RP, 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 RP, 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 RP;

(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



Page 117

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 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 RP;



Page 118

- 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 objectivs 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 RP 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 RP 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 119

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 RP.

(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.



Page 120

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:



Page 121

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 RP,

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.



Page 122

XII. COST AND BUDGET

XII.1. Compensation Prices

The cost estimate for compensation of land, affected assets and rehabilitation,

resettlement FOR Quang Nam section is based on the followings:

The cost estimates for compensation of land, affected assets and rehabilitation,

allowance and resettlement implementation of the RA for Quang Nam section are

based on the Decision 29/2008/QD-UBND, 26 August 2008, issued by Quang Nam

Province on Compensation Rates and Resettlement Assistance and Decision

46/2009/QD-UBND dated 18 December 2009 on land prices in Quang Nam Province .

The prices will be updated following the latest Decision issued by Quang Nam

Province to reflect the annual updating of prices as required by Decree 197/2004/ND-

CP at the time of implementation.

The VET 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 Quang Nam 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.

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,



Page 123

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 RP 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 Quang Nam 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 Quang Nam section is estimated

based on the compensation rats established by the province. These are estimated to be

1,152,072,342,594 VND, as presented in Table XII.1 below. The details of estimated

cost are presented in Annex E.

In case of any over-run of resettlement costs, VEC will ensure that sufficient

additional funds would be made available in a timely manner.



Page 124

Table XII-1: Summary Estimated Resettlement Cost for the Quang Nam section

No Items No. of Affected Asset No. of DPs Total cost (VND) Exchange USD

(1USD = 19,000 VND)

I Compensation for land 4,734,523 m2 3,351 254,558,427,600 13,054,278

II Compensation for Structures 37,261 m2 759 39,790,540,000 2,040,541

III Compensation for other fixed assets 40,203 m2 3,052 20,923,770,000 1,073,014

IV Compensation for crops and trees 2,795,228m2 Rice and annual

crops and 1,712,207 Trees 3,351 20,678,815,300 1,060,452

V Cost of resettlement site development 245,344 m2 2,342 98,137,600,000 5,032,697

VI Cost of Public Facilities 78 electricity and telephone

poles 2 908,500,000 46,590

VII Compensation for Loss of Businesses 34 Households 34 499,000,000 25,590

VIII Allowances

581,103,826,000 29,800,196

IX SUB-TOTAL A (I+II+III+IV+V+VI+VII+VIII)

1,016,600,478,900 52,133,358

0

X Cost of Management (2% of I - VII)

20,332,009,578 1,042,667

XI Cost of RCS (Resettlement Cost Survey) 24 communes

240,000,000 12,308

XII Cost of External Monitoring & Evaluation (1% of I-VII)

10,166,004,789 521,334

XIII SUB-TOTAL B (X+XI+XII)

30,738,014,367 1,576,308

0

XIV Contingency 10% x (IX+XIII)

104,733,849,327 5,370,967

Grand Total

1,152,072,342,594 59,080,633



Annex A Page 1

ANNEX A

COMPARATIVE ANALYSIS OF WB,

VIETNAM NATIONAL AND

PROVINCIAL POLICIES AND

PROPSOED POLICY FOR THE PROJECT



Annex A Page 1

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 2


(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 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)

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 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)

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 farmers affected by loss of productive land, 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 use plans; or, for houses,




All affected structure and houses will be compensated at 100% of replacement cost without any depreciation or deduction for salvaged material.



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)

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 RCS to ensure that the final rates



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)

reflect compensation at replacement cost

7 Threshold of "severely 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)




All DPs affected by loss of productive land are considered entitled to 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 households doing business

Decree 197: Articles 26, 28: Only registered businesses and their employees with long-term contract are eligible for compensation.



Probvision of the National Law

Support to be provided to both licensed and un-licensed affected business households, including their registered employees.

10 Rehabilitation Where necessary to achieve Rehabilitation Assistance during Assistance is Assistance is Assistance is The project policy on 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)

Measures 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.

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.

regulated in accordance with Decision No. 36/2009 of Da nang PPC, including:




- Allowance for Vocational Training and Job Creation, and;

- Allowance for the Poors and Social

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 Training, Job Creation;

- Allowance for the Poors and Social

regulated in accordance with Decision No. 66/2009 of Quang Ngai PPC, including:


- Relocation Allowance



- Allowance for Vocational Training and Job

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 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)

Policy Households

- Incentive Bonus

- Other Assistances

Policy Households

- Incentive Bonus

- Other Assistances

Creation, and;

- Allowance for the Poors and Social Policy Households

- 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. In the project, allowances/assistance Targeted to Vulnerable Households include (i) Landless Household; )ii) Social Policy; and (iii) other Vulnerable



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)

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 10

ANNEX B

SOCIO-ECONOMIC CONDITIONS OF

THE PROJECT AFFECTED HOUSEHOLDS

(QUANG NAM PROVINCE SECTION)



Annex B Page 11

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 (%)

Dien Tien 20 110 4.2 34.8 50.3 14.9 45.0 55.0

Dien Tho 178 783 4.0 57.2 38.3 4.5 49.0 51.0

Dien Quang 97 421 4.3 50.4 49.6 0.0 52.0 48.0

Duy Trinh 35 169 4.8 34.3 60.0 5.7 51.0 49.0

Duy Son 114 485 4.3 61.7 35.7 2.6 52.0 48.0

Duy Trung 15 62 4.1 65.7 31.4 2.9 48.0 52.0

Que Xuan 1 25 115 4.6 57.5 41.5 1.0 46.0 54.0

Que Xuan 2 29 121 4.2 65.5 27.6 6.9 49.0 51.0

Phu Tho 30 93 3.1 76.7 23.3 0.0 47.0 53.0

Binh Quy 107 448 4.2 58.8 39.3 1.9 50.0 50.0

Binh Chanh 40 157 3.9 70.0 30.0 0.0 54.0 46.0

Binh Que 60 266 4.4 41.5 55.2 3.3 50.0 50.0

Tam Nghia 105 374 4.0 71.0 25.0 4.0 45.0 55.0

Tam My Dong 111 427 3.7 52.0 31.0 17.0 53.0 47.0

Tam My Tay 24 100 3.3 70.2 29.8 0.0 49.0 51.0

Tam Anh Nam 18 77 4.5 65.9 34.1 0.0 47.0 53.0

Tam Xuan 1 46 193 4.3 66.2 32.6 1.2 49.0 51.0

Tam Xuan 2 42 186 3.1 45.0 55.0 0.0 56.0 44.0

Tam Thai 88 271 4.2 55.0 42.5 2.5 48.0 52.0

Tam Phuoc 80 297 4.4 55.0 35.0 10.0 45.0 55.0

Tam Dai 8 36 3.8 50.0 42.9 7.1 53.0 47.0

Tam Dan 59 195 4.2 40.0 56.0 4.0 52.0 48.0

Tam Thanh 101 408 4.3 41.0 49.0 10.0 54.0 46.0

Tam Ngoc 4 17 3.6 50.9 47.2 1.9 50.0 50.0

Total 1,436 5,811 4.1 55.7 40.1 4.2 49.8 50.2



Annex B Page 12

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

Dien Tien 20 110 32 8.2 20.9 29.1 23.6 18.2

Dien Tho 178 783 39 5.7 12.0 32.7 27.3 22.3

Dien Quang 97 421 42 5.5 12.6 32.3 27.8 21.8

Duy Trinh 35 169 35 7.7 12.4 33.7 27.8 18.4

Duy Son 114 485 34 4.3 14.2 35.7 25.4 20.4

Duy Trung 15 62 37 5.6 15.2 34.8 29.1 15.3

Que Xuan 1 25 115 38 4.7 17.1 35.6 37.1 5.5

Que Xuan 2 29 121 33 11.6 8.3 37.2 27.3 15.6

Phu Tho 30 93 37 2.2 20.4 23.7 31.2 22.5

Binh Quy 107 448 39 4.7 21.2 30.5 27.5 16.1

Binh Chanh 40 157 28 7.0 25.5 31.2 28.7 7.6

Binh Que 60 266 35 7.9 16.4 31.5 18.3 25.9

Tam Nghia 105 374 35 7.3 16.9 35.8 25.3 14.7

Tam My Dong 111 427 33 6.0 12.7 30.8 23.5 27.0

Tam My Tay 24 100 42 3.7 10.9 35.6 42.8 7.0

Tam Xuan 1 18 193 41 6.1 8.6 32.7 40.6 12.0

Tam Xuan 2 46 186 30 2.8 9.2 46.2 26.5 15.3

Tam Anh Nam 42 77 34 5.6 17.3 40.8 26.7 9.6

Tam Thai 88 271 45 4.8 11.3 31.7 41.5 10.7

Tam Phuoc 80 297 32 2.3 4.1 81.8 7.9 3.9

Tam Dai 8 36 32 11.2 14.3 41.8 25.5 7.2

Tam Dan 59 195 38 5.6 17.7 26.6 27.8 22.3

Tam Thanh 101 408 40 3.4 7.7 43.2 30.3 15.4

Tam Ngoc 4 17 43 4.6 9.9 36.7 37.5 11.3

Total 1,436 5,811 36.4 5.8 14.0 36.3 28.6 15.3



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 (%)

Dien Tien 20 0.0 29.9 59.7 10.4 0.0

Dien Tho 178 1.1 44.3 50.5 3.5 0.6

Dien Quang 97 6.2 59.6 26.7 6.5 1.0

Duy Trinh 35 2.9 54.2 42.9 0.0 0.0

Duy Son 114 1.8 54.6 39.6 3.1 0.9

Duy Trung 15 0.0 62.1 24.4 12.1 1.4

Que Xuan 1 25 0.0 57.8 30.8 9.8 1.6

Que Xuan 2 29 0.0 51.7 48.3 0.0 0.0

Phu Tho 30 0.0 53.3 46.7 0.0 0.0

Binh Quy 107 6.5 36.5 51.4 2.8 2.8

Binh Chanh 40 0.0 2.5 92.5 5.0 0.0

Binh Que 60 0.0 76.4 11.6 12.0 0.0

Tam Nghia 105 0.0 38.7 32.9 23.3 5.1

Tam My Dong 111 0.0 58.4 28.6 12.9 0.1

Tam My Tay 24 0.0 54.8 33.4 11.2 0.6

Tam Anh Nam 18 0.0 47.4 37.2 15.1 0.3

Tam Xuan 1 46 0.0 67.3 23.5 7.7 1.5

Tam Xuan 2 42 0.0 33.6 30.8 33.6 2.0

Tam Thai 88 0.0 29.2 55.2 12.1 3.5

Tam Phuoc 80 0.0 45.0 33.6 19.2 2.2

Tam Dai 8 0.0 50.3 24.6 25.0 0.1

Tam Dan 59 0.0 38.6 26.0 26.1 9.3

Tam Thanh 101 0.0 43.0 27.0 27.0 3.0

Tam Ngoc 4 0.0 55.0 20.0 11.2 13.8

Total 1,436 0.8 47.7 37.3 12.1 2.1



Annex B Page 14

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

(%)

Dien Tien 110 6.8 31.2 39.7 19.5 2.8

Dien Tho 783 6.6 25.2 37.4 23.3 7.5

Dien Quang 421 5.7 32.4 40.7 16.4 4.8

Duy Trinh 169 4.1 40.9 32.9 18.2 3.9

Duy Son 485 5.4 32.9 41.6 13.7 6.4

Duy Trung 62 1.5 36.8 40.1 15.8 5.8

Que Xuan 1 115 3.4 37.5 41.3 10.4 7.4

Que Xuan 2 121 2.5 35.1 45.0 13.8 3.6

Phu Tho 93 1.1 34.5 41.1 20.1 3.2

Binh Quy 448 3.1 25.9 45.8 19.8 5.4

Binh Chanh 157 2.5 29.1 42.3 19.0 7.1

Binh Que 266 1.7 39.3 38.6 15.9 4.5

Tam Nghia 374 3.4 34.9 33.3 26.1 2.3

Tam My Dong 427 5.6 46.5 29.0 11.7 7.2

Tam My Tay 100 2.3 28.9 38.2 24.8 5.8

Tam Anh Nam 77 4.1 26.5 37.2 24.2 8.0

Tam Xuan 1 193 1.5 24.7 43.7 27.0 3.1

Tam Xuan 2 186 2.7 29.9 39.6 20.3 7.5

Tam Thai 271 2.7 20.3 55.2 15.6 6.2

Tam Phuoc 297 2.5 22.1 49.7 21.3 4.4

Tam Dai 36 3.1 28.6 37.1 23.8 7.4

Tam Dan 195 3.3 25.5 47.8 14.5 8.9

Tam Thanh 408 2.9 27.9 47.7 20.4 1.1

Tam Ngoc 17 3.1 28.9 37.2 24.3 6.5

Total 5,811 3.4 31.1 40.9 19.1 5.5



Annex B Page 15

Types of employment

Commune Survey population Agriculture (%) Business (%) Workers in

industry (%) Gov service (%) Professional (%)

self-employed (%)

Other (%)

Dien Tien 78 61.0 8.9 20.8 0.0 7.1 0.0 2.2

Dien Tho 644 62.9 13.5 12.7 2.7 5.8 0.6 1.8

Dien Quang 345 62.9 9.5 15.8 1.4 7.7 1.4 1.3

Duy Trinh 135 69.6 4.8 13.0 3.2 2.9 5.3 1.2

Duy Son 395 63.3 4.3 14.2 4.2 5.8 7.6 0.6

Duy Trung 55 76.7 5.6 11.0 0.0 1.8 2.1 2.8

Que Xuan 1 90 75.8 5.2 7.8 2.9 2.9 2.6 2.8

Que Xuan 2 97 82.2 4.4 7.8 0.0 2.6 0.0 3.0

Phu Tho 72 64.3 9.0 12.8 4.8 6.8 0.0 2.3

Binh Quy 332 62.5 13.4 14.5 3.3 5.7 0.0 0.6

Binh Chanh 106 59.1 19.8 11.7 0.0 7.3 0.0 2.1

Binh Que 198 81.2 4.6 6.4 3.5 1.8 0.0 2.5

Tam Nghia 284 59.8 10.2 10.6 10.3 7.0 0.7 1.4

Tam My Dong 347 59.7 10.1 6.6 3.9 9.3 5.2 5.2

Tam My Tay 85 61.3 12.2 12.6 6.5 5.0 1.2 1.2

Tam Anh Nam 59 52.6 8.5 12.5 12.2 5.3 7.2 1.7

Tam Xuan 1 165 60.0 11.8 9.5 5.9 5.8 5.5 1.5

Tam Xuan 2 172 65.4 5.5 7.9 11.8 5.9 1.1 2.4

Tam Thai 227 55.0 18.4 11.3 12.3 2.4 0.1 0.5

Tam Phuoc 278 61.8 9.7 10.8 3.9 7.4 4.2 2.2

Tam Dai 27 52.5 19.5 12.1 11.1 2.4 0.6 1.8

Tam Dan 150 59.3 11.0 8.0 6.7 4.5 7.3 3.2

Tam Thanh 377 66.8 5.4 7.0 7.2 7.8 3.4 2.4

Tam Ngoc 15 66.7 3.5 9.6 12.1 5.9 1.1 1.1

Total 4,733 64.3 9.5 11.1 5.4 5.3 2.4 2.0



Annex B Page 16

Average monthly income per capita and Number of poverty household base on MOLISA poverty line by commune

Communes Total Survey-ed 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 %

Dien Tien 20 910,000 3 15.0 10 50.0 7 35.0

Dien Tho 178 785,955 43 24.2 96 53.9 39 21.9

Dien Quang 97 827,320 23 23.7 48 49.5 26 26.8

Duy Trinh 35 767,143 9 25.7 19 54.3 7 20.0

Duy Son 114 852,632 24 21.1 52 45.6 38 33.3

Duy Trung 15 863,333 4 26.7 6 40.0 5 33.3

Que Xuan 1 25 854,000 7 28.0 9 36.0 9 36.0

Que Xuan 2 29 853,448 6 20.7 14 48.3 9 31.0

Phu Tho 30 750,000 9 30.0 14 46.7 7 23.3

Binh Quy 107 874,299 21 19.6 46 43.0 40 37.4

Binh Chanh 40 840,000 10 25.0 18 45.0 12 30.0

Binh Que 60 873,333 12 20.0 28 46.7 20 33.3

Tam Nghia 105 844,286 26 24.8 45 42.9 34 32.4

Tam My Dong 111 849,099 22 19.8 54 48.6 35 31.5

Tam My Tay 24 891,667 5 20.8 10 41.7 9 37.5

Tam Anh Nam 18 833,333 5 27.8 7 38.9 6 33.3

Tam Xuan 1 46 845,652 13 28.3 19 41.3 14 30.4

Tam Xuan 2 42 807,143 12 28.6 19 45.2 11 26.2

Tam Thai 88 867,045 19 21.6 41 46.6 28 31.8

Tam Phuoc 80 823,750 21 26.3 37 46.3 22 27.5

Tam Dai 8 862,500 2 25.0 3 37.5 3 37.5

Tam Dan 59 834,746 15 25.4 27 45.8 17 28.8

Tam Thanh 101 815,347 26 25.7 48 47.5 27 26.7

Tam Ngoc 4 925,000 1 25.0 2 50.0 1 25.0

Total 1,436 843,793 338 23.5 672 46.8 426 29.7



Annex B Page 17

Number of poverty household base on MOLISA poverty line

Commune

Total Surveyed HHs

Income per Capita with Less than VND 200,000

Income Per Capita From VND 200.000 to 500,000

Income per With Capita More than VND 500,000

HHs % HHs % HHs %

Dien Tien 20 3 15.0 10 50.0 7 35.0

Dien Tho 178 43 24.2 96 53.9 39 21.9

Dien Quang 97 23 23.7 48 49.5 26 26.8

Duy Trinh 35 9 25.7 19 54.3 7 20.0

Duy Son 114 24 21.1 52 45.6 38 33.3

Duy Trung 15 4 26.7 6 40.0 5 33.3

Que Xuan 1 25 7 28.0 9 36.0 9 36.0

Que Xuan 2 29 6 20.7 14 48.3 9 31.0

Phu Tho 30 9 30.0 14 46.7 7 23.3

Binh Quy 107 21 19.6 46 43.0 40 37.4

Binh Chanh 40 10 25.0 18 45.0 12 30.0

Binh Que 60 12 20.0 28 46.7 20 33.3

Tam Nghia 105 26 24.8 45 42.9 34 32.4

Tam My Dong 111 22 19.8 54 48.6 35 31.5

Tam My Tay 24 5 20.8 10 41.7 9 37.5

Tam Anh Nam 18 5 27.8 7 38.9 6 33.3

Tam Xuan 1 46 13 28.3 19 41.3 14 30.4

Tam Xuan 2 42 12 28.6 19 45.2 11 26.2

Tam Thai 88 19 21.6 41 46.6 28 31.8

Tam Phuoc 80 21 26.3 37 46.3 22 27.5

Tam Dai 8 2 25.0 3 37.5 3 37.5

Tam Dan 59 15 25.4 27 45.8 17 28.8

Tam Thanh 101 26 25.7 48 47.5 27 26.7

Tam Ngoc 4 1 25.0 2 50.0 1 25.0

Total 1,436 338 23.5 672 46.8 426 29.7



Annex B Page 18

Percentage of HHs experience with periodic health check in affected area

Commune Total Surveyed HHs Periodic health care

check (%) No Periodic health

care check (%)

Dien Tien 20 15.0 85.0

Dien Tho 178 42.0 58.0

Dien Quang 97 38.0 62.0

Duy Trinh 35 32.0 68.0

Duy Son 114 33.0 67.0

Duy Trung 15 22.0 78.0

Que Xuan 1 25 14.7 85.3

Que Xuan 2 29 31.0 69.0

Phu Tho 30 37.0 63.0

Binh Quy 107 42.0 58.0

Binh Chanh 40 38.0 62.0

Binh Que 60 32.0 68.0

Tam Nghia 105 20.0 80.0

Tam My Dong 111 25.7 74.3

Tam My Tay 24 10.0 90.0

Tam Anh Nam 18 25.0 75.0

Tam Xuan 1 46 12.5 87.5

Tam Xuan 2 42 20.0 80.0

Tam Thai 88 24.2 75.8

Tam Phuoc 80 33.0 67.0

Tam Dai 8 20.0 80.0

Tam Dan 59 24.2 75.8

Tam Thanh 101 20.0 80.0

Tam Ngoc 4 20.0 80.0

Total 1,436 26.3 73.7



Annex B Page 19

Percentage of HHs has toilet facilities

Communes Total Surveyed HHs Latrine with septic

tank (%)

Latrine with semi septic tank

(%)

Latrine over pond or river (%)

Dien Tien 20 80.0 16.0 4.0

Dien Tho 178 93.0 5.0 2.0

Dien Quang 97 88.0 10.0 2.0

Duy Trinh 35 60.0 40.0 0.0

Duy Son 114 62.0 38.0 0.0

Duy Trung 15 58.0 37.0 5.0

Que Xuan 1 25 45.2 54.8 0.0

Que Xuan 2 29 43.0 51.0 6.0

Phu Tho 30 48.0 52.0 0.0

Binh Quy 107 62.0 34.0 4.0

Binh Chanh 40 55.0 42.0 3.0

Binh Que 60 43.0 54.0 3.0

Tam Nghia 105 0.0 100.0 0.0

Tam My Dong 111 5.7 94.3 0.0

Tam My Tay 24 21.3 78.7 0.0

Tam Anh Nam 18 0.0 100.0 0.0

Tam Xuan 1 46 2.2 97.8 0.0

Tam Xuan 2 42 0.0 100.0 0.0

Tam Thai 88 4.2 95.8 0.0

Tam Phuoc 80 0.0 87.0 13.0

Tam Dai 8 0.0 100.0 0.0

Tam Dan 59 4.2 95.8 0.0

Tam Thanh 101 0.0 100.0 0.0

Tam Ngoc 4 0.0 100.0 0.0

Total 1,436.0 32.3 66.0 1.7



Annex B Page 20

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

(%) Dien Tien 20 60.0 62.0 92.0 73.0 5.0

Dien Tho 178 47.0 32.0 96.0 25.0 3.0

Dien Quang 97 25.0 43.0 75.0 13.0 5.2

Duy Trinh 35 26.0 38.0 83.0 22.0 14.0

Duy Son 114 45.0 55.0 75.0 30.0 4.4

Duy Trung 15 29.0 58.0 61.0 32.0 0.0

Que Xuan 1 25 41.0 62.0 79.0 41.0 0.0

Que Xuan 2 29 43.0 85.0 70.0 33.0 0.0

Phu Tho 30 32.0 80.0 64.0 41.0 0.0

Binh Quy 107 34.0 32.0 83.0 32.0 4.7

Binh Chanh 40 35.0 43.0 75.0 19.0 0.0

Binh Que 60 34.0 38.0 61.0 28.0 8.3

Tam Nghia 105 10.0 75.0 100.0 65.0 10.0

Tam My Dong 111 6.0 80.0 100.0 74.0 8.6

Tam My Tay 24 35.0 77.0 82.0 47.0 0.0

Tam Anh Nam 18 44.0 83.0 98.0 55.0 0.0

Tam Xuan 1 46 51.0 85.0 92.0 57.0 0.0

Tam Xuan 2 42 13.0 67.0 100.0 35.0 0.0

Tam Thai 88 8.0 58.0 100.0 26.0 2.8

Tam Phuoc 80 14.0 68.0 100.0 48.0 6.3

Tam Dai 8 25.0 63.0 100.0 53.0 0.0

Tam Dan 59 13.0 50.0 100.0 30.0 0.0

Tam Thanh 101 9.0 57.0 100.0 13.0 5.0

Tam Ngoc 4 25.0 80.0 100.0 62.0 0.0

Total 1,436 29.3 61.3 86.9 39.8 3.2



Annex C Page 21

ANNEX C

RESETTLEMENT IMPACTS



Annex C Page 22

Number of HHs and heads affected by land acquisition in 24 communes

Communes Number of affected HH Number of affected people

Dien Tien 168 706

Dien Tho 287 1,263

Dien Quang 114 490

Duy Trinh 139 667

Duy Son 141 606

Duy Trung 117 480

Que Xuan 1 185 851

Que Xuan 2 97 407

Phu Tho 220 682

Binh Qui 134 563

Binh Chanh 249 971

Binh Que 80 352

Tam Nghia 40 160

Tam My Dong 240 888

Tam My Tay 115 380

Tam Anh Nam 242 1,089

Tam Xuan 1 169 727

Tam Xuan 2 401 1,243

Tam Thai 194 815

Tam Phuoc 149 656

Tam Dai 87 331

Tam Dan 65 273

Tam Thanh 127 546

Tam Ngoc 114 410

Total 3,874 15,556



Annex C Page 23

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)

Dien Tien 19,071 116,100 0 114,669 249,841

Dien Tho 43,975 390,644 0 23,147 457,766

Dien Quang 11,136 105,401 0 16,786 133,322

Duy Trinh 0 180,876 23,459 1,272 205,607

Duy Son 12,589 210,144 20,710 8,692 252,135

Duy Trung 6,613 46,358 15,625 100,993 169,589

Que Xuan 1 8,243 70,503 126327 22,247 227,319

Que Xuan 2 0 79,127 122,054 89,001 290,182

Phu Tho 12,589 91,677 200,086 59,279 363,631

Binh Qui 38,333 96,503 31,917 232,743 399,496

Binh Chanh 11,380 151,466 46,095 39,254 248,195

Binh Que 23,545 61,741 19,900 89,337 194,523

Tam Nghia 3,540 158,584 161,846 113,401 437,371

Tam My Dong 24,630 105,958 185,863 130,227 446,679

Tam My Tay 14,579 73,149 61,459 56,068 205,255

Tam Anh Nam 1,273 109,235 305942 185,951 602,401

Tam Xuan 1 13,863 46,381 39,471 150,630 250,345

Tam Xuan 2 2,971 102,529 109,063 76,416 290,980

Tam Thai 54,463 98,389 34,289 28,482 215,623

Tam Phuoc 11,218 83,140 63,884 44,761 203,003

Tam Dai 4,276 26,745 11,012 21,074 63,107

Tam Dan 8,311 97,357 43,570 30,527 179,765

Tam Thanh 9,370 150,488 63,172 44,262 267,292

Tam Ngoc 11,170 34,128 15,018 11,543 71,859

Total 347,138 2,686,623 1,700,762 1,690,761 6,425,283



Annex C Page 24

Degree of Impact on agricultural land by Commune

Communes Loss of

agricultural land (m2)

Total Number of HH due to

loss of Agricultural

land

Number of HH affected <20% of the

total agricultural land holding

Number of HH affected from 20% to 30% of


Number of HH affected from 30% to 70% of


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

Dien Tien 116,100 91 14 12 33 32 16 55 29 7

Dien Tho 390,644 268 18 20 168 62 31 161 86 21

Dien Quang 105,401 81 12 36 25 8 4 49 26 6

Duy Trinh 180,876 112 17 36 32 27 14 67 36 9

Duy Son 210,144 162 24 52 69 17 9 97 52 13

Duy Trung 46,358 73 11 13 37 12 6 44 23 6

Que Xuan 1 70,503 88 13 22 38 15 8 53 28 7

Que Xuan 2 79,127 86 13 25 37 11 6 52 28 6

Phu Tho 91,677 142 21 16 72 33 17 85 46 11

Binh Qui 96,503 89 13 10 55 11 6 53 29 7

Binh Chanh 151,466 152 23 5 98 26 13 91 49 12

Binh Que 61,741 49 7 21 15 6 3 29 15 5

Tam Nghia 158,584 128 19 60 42 7 4 77 41 10

Tam My Dong 105,958 136 20 13 86 17 9 82 43 11

Tam My Tay 73,149 77 12 19 37 9 5 46 25 6

Tam Anh Nam 109,235 122 18 26 65 13 7 73 39 10

Tam Xuan 1 46,381 61 9 15 32 5 3 37 19 5

Tam Xuan 2 102,529 107 16 6 67 18 9 64 34 9

Tam Thai 98,389 108 16 14 57 21 11 65 34 9

Tam Phuoc 83,140 79 12 13 45 9 5 47 26 6

Tam Dai 26,745 31 5 3 19 4 2 19 9 3

Tam Dan 97,357 63 9 12 32 10 5 38 20 5

Tam Thanh 150,488 113 17 29 45 22 11 68 36 9

Tam Ngoc 34,128 55 8 16 19 12 6 33 18 4

Total 2,686,623 2,473 347 494 1,225 407 210 1485 791 197



Annex C Page 25

Number of households affected on residential land by commune

Communes Loss of


Number of residential

landless HH

Number of HH fully affected on residential

plot with structure

Number of HH fully affected on residential plot without

structure

Number of HH

particial

affected on

residential

plot with

structure

Number of HH

particial

affected on

residential

plot without

structure


households have LURC

Households have not

granted with LURC

households will not be eligible to have LURC

Dien Tien 19,071 39 17 3 17 2 28 7 4

Dien Tho 43,975 83 26 4 46 7 52 24 7

Dien Quang 11,136 32 12 2 15 3 22 6 4

Duy Trinh 0 0 0 0 0 0 0 0 0

Duy Son 12,589 48 13 5 26 4 31 11 6

Duy Trung 6,613 17 8 0 8 1 10 5 2

Que Xuan 1 8,243 19 7 0 11 1 12 4 3

Que Xuan 2 0 0 0 0 0 0 0 0 0

Phu Tho 12,589 27 4 0 21 2 18 5 4

Binh Quy 38,333 48 18 3 24 3 28 18 2

Binh Chanh 11,380 38 12 2 22 2 25 8 5

Binh Que 23,545 53 28 4 17 4 32 16 5

Tam Nghia 3,540 26 4 0 18 4 15 6 5

Tam My Dong 24,630 38 15 2 18 3 22 11 5

Tam My Tay 14,579 32 19 3 8 2 20 8 4

Tam Anh Nam 1,273 12 6 0 5 1 7 3 2

Tam Xuan 1 13,863 64 13 2 45 4 44 16 4

Tam Xuan 2 2,971 25 4 0 18 3 16 6 3

Tam Thai 54,463 85 41 6 32 6 54 31 0

Tam Phuoc 11,218 58 22 3 30 3 35 15 8

Tam Dai 4,276 18 8 0 8 2 10 4 4

Tam Dan 8,311 64 24 4 34 2 38 20 6

Tam Thanh 9,370 32 11 2 14 5 16 5 11

Tam Ngoc 11,170 20 7 0 7 6 14 4 2

Total 347,138 878 319 45 444 70 549 233 96



Annex C Page 26

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

Dien Tien 17 17 0 3 1 9 4

Dien Tho 26 26 5 0 0 10 11

Dien Quang 12 12 2 0 0 5 5

Duy Trinh 0 0 0 0 0 0 0

Duy Son 13 13 3 2 1 5 2

Duy Trung 8 8 0 3 0 3 2

Que Xuan 1 7 7 0 2 0 4 1

Que Xuan 2 0 0 0 0 0 0 0

Phu Tho 4 4 0 1 2 0 1

Binh Quy 18 18 3 3 0 12 0

Binh Chanh 12 12 0 3 0 4 5

Binh Que 28 28 0 7 1 14 6

Tam Nghia 4 4 0 0 0 4 0

Tam My Dong 15 15 1 2 1 12 0

Tam My Tay 19 19 0 12 0 7 0

Tam Anh Nam 6 6 0 5 0 1 0

Tam Xuan 1 13 13 3 2 2 3 3

Tam Xuan 2 4 4 0 0 0 4 0

Tam Thai 41 41 4 8 1 25 3

Tam Phuoc 22 22 1 14 0 7 0

Tam Dai 8 8 1 5 0 2 0

Tam Dan 24 24 2 11 1 7 3

Tam Thanh 11 11 1 0 0 7 3

Tam Ngoc 7 7 0 1 0 6 0

Total 319 319 26 84 10 151 49



Annex C Page 27

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

Dien Tien 1,048 0 249 75 585 139

Dien Tho 1,548 515 0 0 650 383

Dien Quang 704 205 0 0 325 174

Duy Trinh 0 0 0 0 0 0

Duy Son 936 295 166 80 325 70

Duy Trung 487 0 230 0 195 62

Que Xuan 1 430 0 150 0 245 35

Que Xuan 2 0 0 0 0 0 0

Phu Tho 249 0 83 125 0 41

Binh Quy 1,330 330 220 0 780 0

Binh Chanh 680 0 255 0 260 165

Binh Que 1,759 0 575 65 910 209

Tam Nghia 260 0 0 0 260 0

Tam My Dong 1,140 105 185 70 780 0

Tam My Tay 1,451 0 996 0 455 0

Tam Anh Nam 495 0 430 0 65 0

Tam Xuan 1 892 320 170 130 168 104

Tam Xuan 2 215 0 0 0 215 0

Tam Thai 2,995 412 765 65 1625 128

Tam Phuoc 1,667 100 1,162 0 405 0

Tam Dai 665 120 415 0 130 0

Tam Dan 1,966 206 913 375 375 97

Tam Thanh 640 110 0 0 420 110

Tam Ngoc 480 0 90 0 390 0

Total 22,037 2,718 7,054 985 9,563 1,717



Annex C Page 28

Partially affected houses by Commune

Communes

Total No. of HHs

who are partially affected

on houses

Number of partially affected houses

Classes


house

Dien Tien 17 17 0 1 2 14 0

Dien Tho 46 46 4 0 0 42 0

Dien Quang 15 15 4 0 0 11 0

Duy Trinh 0 0 0 0 0 0 0

Duy Son 26 26 2 9 6 9 0

Duy Trung 8 8 0 3 0 5 0

Que Xuan 1 11 11 0 4 0 7 0

Que Xuan 2 0 0 0 0 0 0 0

Phu Tho 21 21 0 3 7 11 0

Binh Quy 24 24 4 6 0 14 0

Binh Chanh 22 22 0 10 0 12 0

Binh Que 17 17 0 5 6 6 0

Tam Nghia 18 18 0 1 0 17 0

Tam My Dong 18 18 4 0 2 12 0

Tam My Tay 8 8 0 0 0 8 0

Tam Anh Nam 5 5 0 0 0 0 0

Tam Xuan 1 45 45 0 23 0 22 0

Tam Xuan 2 18 18 0 4 0 14 0

Tam Thai 32 32 5 11 0 16 0

Tam Phuoc 30 30 5 13 0 12 0

Tam Dai 8 8 3 4 0 1 0

Tam Dan 34 34 5 21 5 3 0

Tam Thanh 14 14 7 0 0 7 0

Tam Ngoc 7 7 0 0 0 7 0

Total 444 444 43 118 28 250 0



Annex C Page 29

Area of partially affected houses according to each house class

Communes Total Affected

area (m2)

Affected area (m2)


house

Dien Tien 570 0 40 40 490 0

Dien Tho 1,610 140 0 0 1,470 0

Dien Quang 535 150 0 0 385 0

Duy Trinh 0 0 0 0 0 0

Duy Son 700 45 320 110 225 0

Duy Trung 285 0 110 0 175 0

Que Xuan 1 336 0 175 0 161 0

Que Xuan 2 0 0 0 0 0 0

Phu Tho 609 0 85 139 385 0

Binh Quy 850 188 331 0 331 0

Binh Chanh 784 0 364 0 420 0

Binh Que 597 0 127 260 210 0

Tam Nghia 618 0 23 0 595 0

Tam My Dong 652 140 0 92 420 0

Tam My Tay 280 0 0 0 280 0

Tam Anh Nam 0 0 0 0 0 0

Tam Xuan 1 1,680 0 910 0 770 0

Tam Xuan 2 599 0 109 0 490 0

Tam Thai 1,120 175 385 0 560 0

Tam Phuoc 1,105 175 510 0 420 0

Tam Dai 324 105 184 0 35 0

Tam Dan 1,235 135 815 180 105 0

Tam Thanh 490 245 0 0 245 0

Tam Ngoc 245 0 0 0 245 0

Total 15,224 1,498 4,488 821 8,417 0



Annex C Page 30

Loss of other Structures

Communes Kitchen (m2) Houses for

poultry (m2)

Sub-house with Fibro cement font

cover (m2)

Cement Playground

(m2)

Brick wall fence (m2)

Iron Gate (m2) Number of

Graves Number of

Well

Dien Tien 246 275 116 160 96 32 167 19

Dien Tho 3,729 235 1,133 845 507 169 304 65

Dien Quang 470 319 318 212 127 42 177 19

Duy Trinh 0 0 0 0 0 0 87 0

Duy Son 204 585 443 1,080 648 216 351 32

Duy Trung 120 270 102 175 105 35 170 9

Que Xuan 1 54 44 65 187 203 87 42 0

Que Xuan 2 0 0 0 0 0 0 90 0

Phu Tho 39 40 77 136 82 27 120 4

Binh Qui 370 1,605 596 1,570 942 314 449 56

Binh Chanh 888 700 269 525 315 105 240 18

Binh Que 312 899 348 1,205 723 241 86 38

Tam Nghia 48 3 63 155 31 6 59 6

Tam My Dong 223 15 290 1,152 145 29 164 22

Tam My Tay 32 43 24 60 12 2 73 0

Tam Anh Nam 13 1 25 83 13 3 129 2

Tam Xuan 1 99 7 79 64 39 8 161 7

Tam Xuan 2 129 10 97 496 48 10 105 10

Tam Thai 478 29 516 1,666 258 52 187 45

Tam Phuoc 152 11 139 602 69 14 89 14

Tam Dai 36 2 63 172 32 6 182 5

Tam Dan 117 9 153 601 77 15 148 15

Tam Thanh 159 11 147 752 73 15 94 15

Tam Ngoc 9 1 14 51 7 1 63 3

Total 7,927 5,114 5,077 11,949 4,552 1,429 3,737 404



Annex C Page 31

Impacts on annual crops and trees by Commune

Communes Rice (m2) Maize (m2) Sugar cane (m2) Acacia (Tree) Eucalyptus (Tree) Number of other trees

Dien Tien 98,685 15,093 3,583 0 65,361 510

Dien Tho 332,047 50,784 8,068 0 13,194 1,080

Dien Quang 89,591 13,702 2,293 0 9,568 405

Duy Trinh 153,745 23,514 3,632 10,087 725 0

Duy Son 178,622 27,319 4,299 8,905 4,954 585

Duy Trung 39,404 6,027 2038 6,719 57,566 240

Que Xuan 1 59,928 9,165 1,655 54,321 12,681 270

Que Xuan 2 67,258 10,287 2,562 52,483 50,731 0

Phu Tho 77,925 11,918 2,486 86,037 33,789 375

Binh Qui 82,028 12,545 4,490 13,724 132,664 630

Binh Chanh 128,746 19,691 3,461 19,821 22,375 510

Binh Que 52,480 8,026 2,218 8,557 50,922 675

Tam Nghia 134,796 20,616 4,419 69,594 64,639 330

Tam My Dong 90,064 13,775 3,551 79,921 74,229 495

Tam My Tay 62,177 9,509 2,080 26,427 31,959 405

Tam Anh Nam 92,850 14,201 4,230 131,555 105,992 165

Tam Xuan 1 39,424 6,030 2585 16,973 85,859 870

Tam Xuan 2 87,150 13,329 2,892 46,897 43,557 330

Tam Thai 83,631 12,791 2,281 14,744 16,235 1095

Tam Phuoc 70,669 10,808 2,155 27,470 25,514 780

Tam Dai 22,733 3,477 767 4,735 12,012 240

Tam Dan 82,753 12,656 2,283 18,735 17,400 870

Tam Thanh 127,915 19,563 3,497 27,164 25,229 375

Tam Ngoc 29,009 4,437 810 6,458 6,580 210

Total 2,283,630 349,261 72,330 731,328 963,734 11,445



Annex C Page 32

Affected Small Scale Business household

Communes Number of affected

business HH

Number of affected business HH who have to relocated

Average Incomes of affected business House (VND/HH/month)

Dien Tien 2 1 2,500,000

Dien Tho 1 1 2,000,000

Dien Quang 0 0 0

Duy Trinh 0 0 0

Duy Son 2 1 3,500,000

Duy Trung 1 0 3,000,000

Que Xuan 1 3 3 2,500,000

Que Xuan 2 2 2 2,000,000

Phu Tho 0 0 0

Binh Quy 2 1 2,000,000

Binh Chanh 1 0 750,000

Binh Que 1 1 1,000,000

Tam Nghia 0 0 0

Tam My Dong 3 2 3,000,000

Tam My Tay 3 2 3,000,000

Tam Anh Nam 1 1 2,000,000

Tam Xuan 1 1 1 600,000

Tam Xuan 2 1 1 1,200,000

Tam Thai 5 3 2,500,000

Tam Phuoc 2 2 2,000,000

Tam Dai 0 0 0

Tam Dan 1 1 1,500,000

Tam Thanh 2 2 1,800,000

Tam Ngoc 0 0 0

Total 34 25 2,283,824



Annex C Page 33

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

Dien Tien 3 5 15

Dien Tho 43 35 38

Dien Quang 23 5 16

Duy Trinh 9 18 13

Duy Son 24 12 26

Duy Trung 4 5 12

Que Xuan 1 7 25 19

Que Xuan 2 6 9 8

Phu Tho 9 21 42

Binh Quy 21 12 20

Binh Chanh 10 12 43

Binh Que 12 7 8

Tam Nghia 26 12 12

Tam My Dong 22 5 8

Tam My Tay 5 5 7

Tam Anh Nam 5 7 17

Tam Xuan 1 13 16 17

Tam Xuan 2 12 5 16

Tam Thai 19 25 36

Tam Phuoc 21 7 24

Tam Dai 2 18 34

Tam Dan 15 7 16

Tam Thanh 26 5 5

Tam Ngoc 1 16 19

Total 338 294 471



Annex C Page 34

Number of Household have to Relocated by Land Acquisition

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

business HH who have to

relocated

Total HHs who have

to relocated

Dien Tien 17 3 32 1 52

Dien Tho 26 4 62 1 92

Dien Quang 12 2 8 0 22

Duy Trinh 0 0 27 0 27

Duy Son 13 5 17 1 35

Duy Trung 8 0 12 0 20

Que Xuan 1 7 0 15 3 22

Que Xuan 2 0 0 11 2 11

Phu Tho 4 0 33 0 37

Binh Quy 18 3 11 1 32

Binh Chanh 12 2 26 0 40

Binh Que 28 4 6 1 38

Tam Nghia 4 0 7 0 11

Tam My Dong 15 2 17 2 34

Tam My Tay 19 3 9 2 31

Tam Anh Nam 6 0 13 1 19

Tam Xuan 1 13 2 5 1 20

Tam Xuan 2 4 0 18 1 22

Tam Thai 41 6 21 3 68

Tam Phuoc 22 3 9 2 34

Tam Dai 8 0 4 0 12

Tam Dan 24 4 10 1 38

Tam Thanh 11 2 22 2 35

Tam Ngoc 7 0 12 0 19

Total 319 45 407 25 771



Annex D Page 35

ANNEX D TOR for Replacement Cost Study



Annex E Page 36

ANNEX E

Estimated Resettlement Cost for the

Quang Nam section



Annex E Page 37

COST OF LOSS OF LAND

No Items

Number of

affected HH

Units Quantity Unit price

Total cost (VND)

I Compensation land

types 254,558,427,600

1 Agricultural land 106,603,300,800

Dien Ban 440 m2 612,145 54,000 33,055,830,000

Duy Xuyen 347 m2 437,378 36,000 15,745,608,000

Que Son 316 m2 241,307 38,400 9,266,188,800

Thang Binh 290 m2 309,710 36,000 11,149,560,000

Nui Thanh 631 m2 595,836 36,000 21,450,096,000

Phu Ninh 394 m2 456,119 30,000 13,683,570,000

Tam Ky 55 m2 34,128 66,000 2,252,448,000

2 Forest Land 30,881,686,800

Dien Ban m2 0 36,000 0

Duy Xuyen m2 59,794 21,600 1,291,550,400

Que Son m2 448,467 8,400 3,767,122,800

Thang Binh m2 97,912 28,800 2,819,865,600

Nui Thanh m2 863,644 21,600 18,654,710,400

Phu Ninh m2 215,927 16,800 3,627,573,600

Tam Ky m2 15,018 48,000 720,864,000

3 Residental Land 117,073,440,000

Dien Ban 154 m2 74,182 600,000 44,509,200,000

Duy Xuyen 65 m2 19,202 360,000 6,912,720,000

Que Son 46 m2 20,832 288,000 5,999,616,000

Thang Binh 139 m2 73,258 216,000 15,823,728,000

Nui Thanh 197 m2 60,856 360,000 21,908,160,000

Phu Ninh 257 m2 87,638 192,000 16,826,496,000

Tam Ky 20 m2 11,170 456,000 5,093,520,000



Annex E Page 38

COST OF LOSS OF STRUCTURES

No Items

Number of

affected HH


Total cost (VND)

II Cost for

Structures 60,714,310,000

1 House Class 1 7,378,000,000

Dien Ban 15 m2 1,010 1,750,000 1,767,500,000

Duy Xuyen 5 m2 340 1,750,000 595,000,000

Que Son 0 m2 0 1,750,000 0

Thang Binh 7 m2 518 1,750,000 906,500,000

Nui Thanh 8 m2 565 1,750,000 988,750,000

Phu Ninh 34 m2 1,783 1,750,000 3,120,250,000

Tam Ky 0 m2 0 1,750,000 0

2 House Class 2 18,120,940,000

Dien Ban 4 m2 289 1,570,000 453,730,000

Duy Xuyen 17 m2 826 1,570,000 1,296,820,000

Que Son 10 m2 493 1,570,000 774,010,000

Thang Binh 34 m2 1,872 1,570,000 2,939,040,000

Nui Thanh 49 m2 2,823 1,570,000 4,432,110,000

Phu Ninh 87 m2 5,149 1,570,000 8,083,930,000

Tam Ky 1 m2 90 1,570,000 141,300,000

3 House Class 3 2,076,900,000

Dien Ban 3 m2 115 1,150,000 132,250,000

Duy Xuyen 7 m2 190 1,150,000 218,500,000

Que Son 9 m2 264 1,150,000 303,600,000

Thang Binh 7 m2 325 1,150,000 373,750,000

Nui Thanh 5 m2 292 1,150,000 335,800,000

Phu Ninh 7 m2 620 1,150,000 713,000,000

Tam Ky 0 m2 0 1,150,000 0

4 House Class 4 11,687,000,000

Dien Ban 91 m2 3,905 650,000 2,538,250,000

Duy Xuyen 22 m2 920 650,000 598,000,000

Que Son 22 m2 791 650,000 514,150,000

Thang Binh 62 m2 2,911 650,000 1,892,150,000

Nui Thanh 104 m2 4,498 650,000 2,923,700,000

Phu Ninh 87 m2 4,320 650,000 2,808,000,000

Tam Ky 13 m2 635 650,000 412,750,000



Annex E Page 39

No Items

Number of

affected HH


Total cost (VND)

5 Temporary

house 527,700,000

Dien Ban 20 m2 696 350,000 243,600,000

Duy Xuyen 4 m2 132 200,000 26,400,000

Que Son 2 m2 76 250,000 19,000,000

Thang Binh 11 m2 374 300,000 112,200,000

Nui Thanh 3 m2 104 250,000 26,000,000

Phu Ninh 9 m2 335 300,000 100,500,000

Tam Ky 0 m2 0 400,000 0

6 Kitchen 3,170,800,000

Dien Ban 133 m2 4,445 400,000 1,778,000,000

Duy Xuyen 55 m2 324 400,000 129,600,000

Que Son 43 m2 93 400,000 37,200,000

Thang Binh 121 m2 1,570 400,000 628,000,000

Nui Thanh 173 m2 544 400,000 217,600,000

Phu Ninh 224 m2 942 400,000 376,800,000

Tam Ky 14 m2 9 400,000 3,600,000

7 Houses for

pountry 1,534,200,000

Dien Ban 133 m2 829 300,000 248,700,000

Duy Xuyen 55 m2 855 300,000 256,500,000

Que Son 43 m2 84 300,000 25,200,000

Thang Binh 121 m2 3,204 300,000 961,200,000

Nui Thanh 173 m2 79 300,000 23,700,000

Phu Ninh 224 m2 62 300,000 18,600,000

Tam Ky 14 m2 1 300,000 300,000

8 Other structures with

Fibro cement font cover 1,061,750,000

Dien Ban 133 m2 1,567 250,000 391,750,000

Duy Xuyen 55 m2 545 100,000 54,500,000

Que Son 43 m2 142 150,000 21,300,000

Thang Binh 121 m2 1,213 200,000 242,600,000

Nui Thanh 173 m2 578 250,000 144,500,000

Phu Ninh 224 m2 1,018 200,000 203,600,000

Tam Ky 14 m2 14 250,000 3,500,000



Annex E Page 40

No Items

Number of

affected HH

Units Quantity Unit price Total cost

(VND)

9 Cement Playground 716,940,000

Dien Ban 133 m2 1,217 60,000 73,020,000

Duy Xuyen 55 m2 1,255 60,000 75,300,000

Que Son 43 m2 323 60,000 19,380,000

Thang Binh 121 m2 3,300 60,000 198,000,000

Nui Thanh 173 m2 2,010 60,000 120,600,000

Phu Ninh 224 m2 3,793 60,000 227,580,000

Tam Ky 14 m2 51 60,000 3,060,000

10 Brik Wall Fence 910,400,000

Dien Ban 133 m2 730 200,000 146,000,000

Duy Xuyen 55 m2 753 200,000 150,600,000

Que Son 43 m2 285 200,000 57,000,000

Thang Binh 121 m2 1,980 200,000 396,000,000

Nui Thanh 173 m2 288 200,000 57,600,000

Phu Ninh 224 m2 509 200,000 101,800,000

Tam Ky 14 m2 7 200,000 1,400,000

11 Iron Gate 86,580,000

Dien Ban 133 m2 243 60,000 14,580,000

Duy Xuyen 55 m2 251 60,000 15,060,000

Que Son 43 m2 114 60,000 6,840,000

Thang Binh 121 m2 660 60,000 39,600,000

Nui Thanh 173 m2 58 60,000 3,480,000

Phu Ninh 224 m2 102 60,000 6,120,000

Tam Ky 14 m2 15 60,000 900,000

12 Number of Grave 13,079,500,000

Dien Ban 399 Number 648 3,500,000 2,268,000,000

Duy Xuyen 165 Number 608 3,500,000 2,128,000,000

Que Son 129 Number 252 3,500,000 882,000,000

Thang Binh 363 Number 775 3,500,000 2,712,500,000

Nui Thanh 519 Number 691 3,500,000 2,418,500,000

Phu Ninh 672 Number 700 3,500,000 2,450,000,000

Tam Ky 42 Number 63 3,500,000 220,500,000

13 Number of Well 363,600,000

Dien Ban 103 Number 103 900,000 92,700,000

Duy Xuyen 41 Number 41 900,000 36,900,000

Que Son 4 Number 4 900,000 3,600,000

Thang Binh 112 Number 112 900,000 100,800,000

Nui Thanh 47 Number 47 900,000 42,300,000

Phu Ninh 94 Number 94 900,000 84,600,000

Tam Ky 3 Number 3 900,000 2,700,000



Annex E Page 41

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 20,678,815,300

1 Rice 11,418,150,000

Dien Ban 440 m2 520,323 5,000 2,601,615,000

Duy Xuyen 347 m2 371,771 5,000 1,858,855,000

Que Son 316 m2 205,111 5,000 1,025,555,000

Thang Binh 290 m2 263,254 5,000 1,316,270,000

Nui Thanh 631 m2 506,461 5,000 2,532,305,000

Phu Ninh 394 m2 387,701 5,000 1,938,505,000

Tam Ky 55 m2 29,009 5,000 145,045,000

2 Annual crops 6,323,970,000

Dien Ban 440 m2 93,523 15,000 1,402,845,000

Duy Xuyen 347 m2 66,829 15,000 1,002,435,000

Que Son 316 m2 38,073 15,000 571,095,000

Thang Binh 290 m2 50,431 15,000 756,465,000

Nui Thanh 631 m2 97,217 15,000 1,458,255,000

Phu Ninh 394 m2 70,278 15,000 1,054,170,000

Tam Ky 55 m2 5,247 15,000 78,705,000

3 Production forest trees 1,105,495,300

Dien Ban 440 m2 0 650 0

Duy Xuyen 347 m2 59,794 650 38,866,100

Que Son 316 m2 448,467 650 291,503,550

Thang Binh 290 m2 97,912 650 63,642,800

Nui Thanh 631 m2 863,644 650 561,368,600

Phu Ninh 394 m2 215,927 650 140,352,550

Tam Ky 55 m2 15,018 650 9,761,700

4 Other Trees 1,831,200,000

Dien Ban 154 Number 1,995 160,000 319,200,000

Duy Xuyen 65 Number 825 160,000 132,000,000

Que Son 46 Number 645 160,000 103,200,000

Thang Binh 139 Number 1,815 160,000 290,400,000

Nui Thanh 197 Number 2,595 160,000 415,200,000

Phu Ninh 257 Number 3,360 160,000 537,600,000

Tam Ky 20 Number 210 160,000 33,600,000



Annex E Page 42

COST FOR RESETTLEMENT SITES DEVELOPMENT

Districts Total No. of HHs who prefer to resettlement site

Number of Plots Required

Area of Resettlment Site Required (m2)

Unit Price (VND/m2)

Cost of Resettlement Area (VND)

IV

Resettlement Sites

Development 98,137,600,000

Dien Ban 428 428 44,880 400,000 17,952,000,000

Duy Xuyen 306 306 30,052 400,000 12,020,800,000

Que Son 272 272 25,806 400,000 10,322,400,000

Thang Binh 290 290 32,230 400,000 12,892,000,000

Nui Thanh 580 580 58,344 400,000 23,337,600,000

Phu Ninh 416 416 48,818 400,000 19,527,200,000

Tam Ky 50 50 5,214 400,000 2,085,600,000

Total 2,342 2,342 245,344 98,137,600,000

COST OF LOSS OF PUBLIC FACILITIES

No Items Units Quantity Unit price Total cost (VND)

V Public facility 908,500,000

500KV Electric Pole Number 1 75,000,000 75,000,000




0.4KV Electric Pole Number 35 2,500,000 87,500,000

Telephone pole Number 18 2,000,000 36,000,000



Annex E Page 43

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

499,000,000

Non-Registered business HHs 16 2,500,000 40,000,000 9,000,000 144,000,000 184,000,000

Registered business HHs 18 2,500,000 45,000,000 15,000,000 270,000,000 315,000,000

COST FOR RCS (REPLACEMENT COST SURVEY)

No Items Units Quantity Unit price

(VND) Total cost

(VND)

IX Replacement Cost Study Commune 24 10,000,000 240,000,000



Annex E Page 44

ALLOWANCES

No Items

Number of affected HH


(VND) Total cost (VND)

Allowances/ Assistance 4,486

581,103,826,000

1 For Impact on Residential Land

34,047,600,000

Relocation Allowance

Relocation within the province

364 Houshold 364 3,000,000 1,092,000,000

Relocation to another province

0 Houshold 0 4,000,000 0

House Repairing Cost

House repairing cost in case of

house/structure is partially affected

444 m2 51,286 600,000 30,771,600,000

House Renting Allowance

House rental allowance for

temporary residential purposes

500.000/person for 6 months

364 Houshold 364 6,000,000 2,184,000,000

2 Impact on Agricultural Land

465,489,126,000

Allowance for Living/Production Stabilization

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

32 Person 134 7,200,000 964,800,000



Annex E Page 45

HH losing from 20% to 70% of

agricultural land holding and not

required to relocate


assistance time: 6 months

1,687 Person 7,085 1,800,000 12,753,000,000

HH losing more than 70% of agricultural land holding

HH losing from more than 70% of agricultural land holding and have to be relocated


assistance time: maximum in 3

years

178 Person 748 10,800,000 8,078,400,000

HH losing from more than 70% of agricultural land holding and not



assistance time: 1 year (12 months)

229 Person 962 3,600,000 3,463,200,000

HH losing less than 20% of agricultural land holding

HH losing from more than 70% of agricultural land holding and not



assistance time: 1 year (12 months)

347 Person 1388 3,600,000 4,996,800,000

Assistance for changing job

03 time of land price

2,473 m2 2,686,623 162,000 435,232,926,000

Training Course

2,473 Houshold 2,473 1,500,000 3,709,500,000

3 Other Allowance

53,932,100,000



Annex E Page 46

Incentive Bonus

3,874 Houshold 3,874 5,000,000 19,370,000,000

House Repairing Cost

House repairing cost in case of

house/structure is partially affected

444 m2 51,286 600,000 30,771,600,000

Assistance for Connetion Fee

771 Houshold 771 3,500,000 2,698,500,000

Material Transport Allowance

364 Houshold 364 3,000,000 1,092,000,000

4 Allowance Targeted to Vulnerable Group

27,635,000,000.00

Allowance for Vulnerable group

2,126 Person 5,527 5,000,000 27,635,000,000



Annex F Page 47

ANNEX F

TERMS OF REFERENCE (T.O.R.)

OF

EXTERNAL MONITORING SERVICE FOR

RAP IMPLEMENTATION



Annex F Page 48

TERMS OF REFERENCE (T.O.R.)

OF

EXTERNAL MONITORING SERVICE FOR RP 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 49

- 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 50

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 51

(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 52

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. 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:

- Inception report: to be submitted 30 days after the work begins. The report

shall contain a brief methodological approach to external monitoring, review



Annex F Page 53

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 54

ANNEX G

PROPOSED DMS QUESTIONNAIRE



Annex G Page 55

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 56

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 57

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 58

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 59

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 60

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 61

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 62

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 63

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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