RP10460 V 20 REV0151 V 201 RAP0 Quang 0 Nam 1

Public Disclosure Authorized
RP1046 v2 REV
Ministry of Transport Vietnam Expressway Corporation
DA NANG QUANG NGAI EXPRESSWAY PROJECT

RESETTLEMENT PLAN
Volume 2- QUANG NAM SECTION
January 2011
Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section
January 2011
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 i
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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
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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
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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
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ABBREVIATIONS
CPC DPC DCSCC DARD DOC DOF DONRE DPI DOT DMS DP EMA FS GOV IDA IOL LURC MOLISA MOT NGOs PIP PMU85 PPC RCS RAP (or RP) SES TOR USD VND WB WU Commune Peoples Committee District Peoples Committee District Compensation and Site Clearance Committee Department of Agriculture and Rural Development Department of Construction Department of Finance Department of Natural Resources and Environment Department of Planning and Investment Department of Transport Detailed Measurement Survey Displace Person External Monitoring Agency Feasibility Study Government of Viet Nam International Development Association of the World Bank Inventory of Losses Land Use Rights Certificate Ministry of Labor, Invalids and Social Assistance Ministry of Transport Non-governmental Organizations Project Information Pamphlet Project Management Unit 85 Provincial Peoples Committee Replacement Cost Study Resettlement Plan Socio-Economic Survey Terms Of Reference US Dollar Vietnam dong World Bank Womens Union
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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. 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. 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. 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.
Cut-off date
Detailed Measurement Survey (DMS)
Displaced Persons
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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. Means the community residing at, or in the vicinity of relocation sites designated for relocating households. the
Host community Livelihood restoration/ Improvement
Means the restoration of livelihood and household incomes of relevant DPs through the RP policy and its implementation.
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, Inventory of Losses other structures, such as fences, tombs, wells; trees with (IOL) 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 . 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. Means the physical relocation of DP from the DPs pre-project place of residence and/or business. 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.
Land recovery
Resettlement
Vulnerable People
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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 Study Cost Means the process involved in determining the replacement cost of land, houses and other affected assets based on surveys by independent evaluators.
Replacement Value
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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/QUB of Quang Nam Peoples 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
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the different levels from the province to commune as well as local NGOs have been consulted for different aspects of compensation and resettlement such as compensation and resettlement policy, options to compensation modes (in cash or in kind, cash for self-relocation or to relocate at the resettlement sites which will be constructed by the project), preference to the livelihood restoration/development programs etc. Many different instruments and channels of consultation and participation were applied and organized. A lot of feedback has been obtained from DPs, local NGOs, local authorities and relevant Provincial, District Departments. Public consultation activities will continue throughout the implementation phase. At the early time of the 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 willingbuyer 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 preproject levels.
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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-CP2007. 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 Expressways works, including planning, programming, budgeting, design, implementation, monitoring, evaluation, ensuring overall projects 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 Peoples 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
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Table 0.1: Schedule for key activities of RP implementation

Activities 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. 2. Update detailed measurement surveys and census of DPs 3. Start up of planning for income rehabilitation measures 4. Resettlement site construction 5. Pay compensation to and relocation of DPs. 6. Relocation of Households 7. Monitoring 8. Post-implementation evaluation of resettlement Target dates/time
January to February 2011 March to December 2011 June 2011 to September 2011
June 2011 to September 2011
May 2011 to December 2011

April 2012 to June 2012
June 2011 to April 2013 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.
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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 I II III IV V VI VII VIII IX X XI XII XIII XIV Items Compensation for land Compensation for Structures Compensation for other fixed assets Compensation for crops and trees Cost of resettlement site development Cost of Public Facilities Compensation for Loss of Businesses Allowances SUB-TOTAL A (I+II+III+IV+V+VI+VII+VIII)
Cost of Management (2% of I - VII) Cost of RCS (Resettlement Cost Survey) Cost of External Monitoring & Evaluation (1% of I-VII) SUB-TOTAL B (X+XI+XII) Contingency 10% x (IX+XIII)
Total cost (VND) 254,558,427,600 39,790,540,000 20,923,770,000 20,678,815,300 98,137,600,000 908,500,000 499,000,000 581,103,826,000 1,016,600,478,900 20,332,009,578 240,000,000 10,166,004,789 30,738,014,367 104,733,849,327 1,152,072,342,594
Exchange USD (1USD = 19,000 VND) 13,054,278 2,040,541 1,073,014 1,060,452 5,032,697 46,590 25,590 29,800,196 52,133,358 0 1,042,667 12,308 521,334 1,576,308 0 5,370,967 59,080,633
Grand Total
To ensure that all compensation is paid at replacement cost, the VEC will contract an independent land price appraisers licensed by the Department of Finance to carry out Replacement Cost Study (RCS) for all the affected assets based on the prevalent market prices. The findings of the RCS will be submitted to the PPC for comparison and revisions, where necessary to ensure that the final rates reflect market prices and that all assets are compensated at the replacement cost. In case of over-run of resettlement cost, VEC will ensure that adequate additional funds are available in a timely manner.
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I. INTRODUCTION
I.1. The project
According to JETRO Study, one of major reasons of traffic accident on National Highway 1A is considered as Mixed Traffic. That is mixing of industrial and living transportation, mixing of Quang Nam short traffic, and mixing of bicycle, motorcycle and vehicle. The proposed Da Nang - Quang Ngai Expressway is designed to receive long trip traffic, which will contribute in reducing traffic accidents and congestion Da Nang - Quang Ngai Expressway Project is expected to improve the road transportation system with the scope of i) providing safe and secured transportation for the high speed and heavy vehicles, and ii) strengthening of institution to manage the expressway transportation system. Through realizing the scopes, the Expressway is also aimed to achieve the following targets: (a) Support Nationwide Socio-Economic Development: According to the logistic survey conducted at the time of JETRO Study in 2007 (JETRO Study), 20% of passing vehicles in the central Vietnam was bound for Hanoi and Quang Nam. In addition, more than 40% of passing vehicles between Da Nang and Quang Ngai was long trip connecting to the North and the South of Vietnam. The Expressway will be the pivot of traffic to connect these two regions. (b) To Promote Socio-Economic Development of Central Vietnam: The Expressway is considered to play the important role on transportation of goods and passengers in the whole country in combination with National Highway No.1A (NH1A). In addition, the Expressway is expected to contribute for the international transportation of economic triangle (Lao PDR Cambodia Vietnam) via East West Economic Corridor (EWEC) to ports in Central areas in Vietnam. (c) To Promote Improvement of Environment: Environmental condition alongside NH1A is becoming worse due to heavy traffic volume. The Expressway will contribute for improving environmental condition alongside NH1A by receiving long trip traffic. (d) To Promote Traffic Safety: The alignment of the Expressway passes through two provinces (Quang Nam and Quang Ngai) and Da Nang city with 139.52 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.
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Table I-1: General technical specifications of the project

No. Item Unit Quantity of total project 139.52 (Including 131.5 Km of Expressway and 8.02 Km of road connecting to NH1A. 4 lane expressway (Reservation for 6 lanes future expansion). 120 km/h M 26 Asphalt and concrete Super bridge 1/100 m2 m2 Set/m Set/m Set/m Set/m Set/m Set/m Interchange Culvert for road Service zone Parking yard Traffic Management Center 12 Facilities Expressway Operation Offices Throughway Toll Barriers Toll station Set Set Set Set Set Set Set Set Quantity in Quang Nam Section 92 (From Km08 to Km100) 4 lane expressway (Reservation for 6 lanes future expansion). 120 km/h 26 Asphalt and concrete Super bridge 1/100 6,425,285 37,383 02/1,372
Road length
Km
Class of road
3 4 5 6 7 8
Travel speed Width of road base Road surface Frequency of flood return period Land to be permanently acquired House to be demolished Major Bridge Minor waterway Bridge Overpass bridge Viaduct Culvert for waterway
9,605,859 66,288
04/2670 72/7,942 30/4,299 22/2,587 254/13,198 01/540 09 106 02 04 01 01 02 10
Bridge/ culvert
6,109 m
10 11
Tunnel Crossing
01/540 04 68 02 04 01 0 0 05
(Source: Relevance Specified in the Feasibility Study Report of Da Nang Quang Ngai Project by TEDI, February 2010)
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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 1 District Dien Ban Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Qui Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc
Duy Xuyen
Que Son
Thang Binh
Nui Thanh
Phu Ninh
Tam Ky city
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
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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 Km16 1, 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.
Although the modification section is from Km0 to Km16, Section from Km0 Km8 which belongs to Da Nang City is specified in Da Nang RAP.
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Da Nang Quang Ngai Expressway Project Resettlement Plan (Draft) Quang Nam Section
June 2010
Figure I-1: The route of the project
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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. Section from Km 35 to Km 43 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. Section from Km 58 to Km 73 This section is proposed to avoid cutting across many 500kV high voltage transmission lines, and impacts on temples. Section from Km75 to Km80 The World Bank Supplemental Study, an alignment is proposed to be between TEDI FS and JETRO Study to avoid military facilities. Section from Km83 to Km97 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 democracy in communes, including requirements for consultation with and participation of people in communes.
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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 resettlements compensation and support in the case of lands 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 democracy in communes, including requirements for consultation with and participation of people in communes. 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/Q-UB of Quang Nam Peoples Committee, dated 30th September 2010, on compensation and resettlement policy.
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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.
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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 WBs 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 Vietnams 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
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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.
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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 WBs OP 4.12. The overall objective is to ensure that the DPs are able to improve or at least restore their livelihood to preproject 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:
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(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 households 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
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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.
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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 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.
(ii)
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:
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(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. 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. Compensation for other structures/fixed assets will be at full replacement cost and will be in cash. 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.
(ii)
(iii)
(iv)
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).
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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
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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
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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).
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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 lumpsum 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
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to the cost of minimum size of the plot at RS, if DPs prefer for selfrelocation. (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.
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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 14 057- 16003N 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 provinces 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 2008March 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.
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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) wh o ar e 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)
Total affected HHs surveyed with census and IOL 295 164 84 207 346 336 4 1,436 Affected Persons Average household size (person/HH) 4.3 4.3 4.0 4.0 4.2 4.0 4.0 4.1 Household Size ( %) Less than 4 (persons /HH) 47.5 53.9 66.6 56.8 61.7 48.2 50.9 55.7 More than 8 (persons /HH) 6.4 3.7 2.6 1.7 3.7 6.7 1.9 4.2 Gender Ratio
District
Population
From 5-8 (persons /HH) 46.1 42.4 30.8 41.5 34.6 45.1 47.2 40.1
Male (%)
Female (%)
Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky city Total
1,314 716 329 871 1,357 1,207 17 5,811
48.7 50.3 47.3 51.3 49.8 50.4 50.0 49.8
51.3 49.7 52.7 48.7 50.2 49.6 50.0 50.2
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Table IV-2: Age structure of surveyed population

Percentage of age group (%) Total affected HHs surveyed Average age of surveyed population From 18 to 35 years old 31.3 34.7 32.2 31.5 37.0 45.0 36.7 36.3 From 36 to 55 years old 26.2 27.4 31.9 24.5 30.8 26.6 37.5 28.6
District
Population
Less 5 years old
From 5 to 18 years old 15.2 13.9 15.3 21.0 12.6 11.0 9.9 14.0
Over 55 years old 20.8 18.1 14.4 16.5 14.3 11.9 11.3 15.3
295 164 84 207 346 336 4 1,436
1,314 716 329 871 1,357 1,207 17 5,811
37.7 35.3 36 34 35.8 37.4 43 36.4
6.5 5.9 6.2 6.5 5.3 5.5 4.6 5.8
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.
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Table IV-3: Educational status of the heads of householders

Education Level of DP Households Heads District Total Surveyed HH Heads Illiterate (%) Primary Education (%) 44.5 57.0 54.3 38.5 50.0 41.2 55.0 47.7 Basic Secondary Education (%) 45.7 35.6 41.9 51.8 31.1 33.3 20.0 37.3 High School Education (%) 6.9 5.1 3.3 6.6 17.3 21.9 11.2 12.1 College and University (%) 0.5 0.8 0.5 0.9 1.6 3.6 13.8 2.1
295 164 84 207 346 336 4 1,436
2.4 1.5 0.0 2.2 0.0 0.0 0.0 0.8
Table IV-4: Education Level of Surveyed DPs

Education Level of DP Population District Total surveyed population Illiterate (%) Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky city Total 1,314 716 329 871 1,357 1,207 4 5,811 6.4 3.7 2.3 2.4 3.3 2.9 3.1 3.4 Primary Education (%) 29.6 36.9 35.7 31.4 31.9 24.9 28.9 31.1 Basic Secondary Education (%) 39.3 38.2 42.5 42.3 36.8 47.5 37.2 40.9 Higher Secondary Education (%) 19.7 15.8 14.8 18.2 22.3 19.1 24.3 19.1 College and University (%) 5 5.4 4.7 5.7 5.7 5.6 6.5 5.5
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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 1,067 585 259 636 1,112 1,059 4 4,733 Agriculture (%) 62.3 69.9 74.1 67.6 59.8 59.1 66.7 64.3 Business (%) 10.6 4.9 6.2 12.6 9.7 12.8 3.5 9.5 Workers in industry (%) 16.4 12.7 9.5 10.9 10.0 9.8 9.6 11.1 Gov service (%) 1.4 2.5 2.6 2.3 8.4 8.4 12.1 5.4 Profess -ionals (%) 6.9 3.5 4.1 4.9 6.4 4.8 5.9 5.3 selfemployed (%) 0.6 5.0 0.8 0.0 3.5 3.1 1.1 2.4 Other (%) 1.8 1.5 2.7 1.7 2.2 2.0 1.1 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.
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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
Total Surveyed HHs Income Capita with Less than VND 200,000 HHs Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky city Total
295 164 84 207 346 336 4 1,436 69 37 22 43 83 83 1 338
District
Income Capita from VND 200.000 to 500,000 HHs

154 77 37 92 154 156 2 672
Income Capita with More than VND 500,000 HHs

72 50 25 72 109 97 1 426
%
21.0 24.5 26.2 21.5 25.0 24.8 25.0 23.5
%
51.1 46.6 43.6 44.9 43.1 44.7 50.0 46.8
%
27.9 28.9 30.1 33.6 31.9 30.5 25.0 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
Source: Decision No 170/2005/Q-TTg
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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 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky city Total Total Surveyed HHs
295 164 84 207 346 336 4 1,436
Periodic health care check (%)

31.7 29.0 27.6 37.3 18.9 24.3 20.0 26.3
No Periodic health care check (%)

68.3 71.0 72.4 62.7 81.1 75.7 80.0 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.
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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 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky city Total Total Surveyed HHs
295 164 84 207 346 336 4 1,436
Latrine with septic tank (%)

87.0 60.0 45.4 53.3 4.9 1.7 0.0 32.3
Latrine with semi septic tank (%)

10.3 38.3 52.6 43.3 95.1 95.7 100.0 66.0
Latrine over pond or river (%)

2.7 1.7 2.0 3.4 0.0 2.6 0.0 1.7
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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
295 164 84 207 346 336 4 1,436
HH with telephone (%)

44.0 33.3 38.7 34.3 26.5 13.8 25.0 29.3
HH with motorbike (%)

45.7 50.3 75.7 37.7 77.8 59.2 80.0 61.3
HH with TV (%)
87.7 73.0 71.0 73.0 95.3 100.0 100.0 86.9
HH with Video Player (%)

37.0 28.0 38.3 26.3 55.5 34.0 62.0 39.8
HH with washing machine (%)

4.4 6.1 0.0 4.3 3.1 2.8 0.0 3.2
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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 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Total Number of affected HHs 569 397 502 463 1,207 622 114 3,874 Number of affected people 2,459 1,753 1,940 1,886 4,487 2,621 410 15,556
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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
Loss of residential land (m2) 74,182 19,202 20,832 73,258 60,856 87,638 11,170 347,138 Loss of agricultural land (m2) 612,145 437,378 241,307 309,710 595,836 456,119 34,128 2,686,623 Loss of production forestry land (m2) 0 59,794 448,467 97,912 863,644 215,927 15,018 1,700,762 Loss of other3 types of land (m2) 154,602 110,957 170,527 361,334 712,693 169,106 11,543 1,690,762 Total (m2)
Districts
Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Total
840,929 627,331 881,133 842,214 2,233,029 928,790 71,859 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
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
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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 WBs 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.
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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
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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.
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Table V-3: DPs 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
District
Loss of agricultural land (m2)
Number of HH affected by loss of Agricultural land
Households have Red book
Households have not granted with Red book
households will not be eligible to have Red book
Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky
Total
612,145 437,378 241,307 309,710 595,836 456,119 34,128 2,686,623
440 347 316 290 631 394 55 2,473
44 52 47 43 94 59 8 347
294 239 210 204 468 269 35 1,719
102 56 59 43 69 66 12 407
265 208 190 173 379 237 33 1,485
141 111 102 93 201 125 18 791
34 28 24 24 51 32 4 197
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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
Number of HH fully affected on residential plot with structure Number of HH fully affected on residential plot without structure 9 5 0 9 7 15 0 45 Number of HH partially affected on residential plot with structure 78 34 32 63 112 118 7 444 Number of HH partially affected on residential plot without structure 12 5 3 9 17 18 6 70
District
Loss of residential land (m2)
HH affected by loss of residential land
74,182 19,202 20,832 73,258 60,856 87,638 11,170 347,138
154 65 46 139 197 257 20 878
55 21 11 58 61 106 7 319
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.
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Table V-6: Legal status on land use right

Districts Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Total HH affected by loss of residential land 154 65 46 139 197 257 20 878 Legal status on land use right Households have households will households have not granted with not be eligible to LURC LURC have LURC 102 37 15 41 16 8 30 9 7 85 42 12 124 50 23 153 75 29 14 4 2 549 233 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.
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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)
Total No. of HHs who are fully affected on houses 55 21 11 58 61 106 7 319 Number of fully affected houses 55 21 11 58 61 106 7 319 Classes Class 1 7 3 0 3 4 9 0 26
4
Districts
Class 2 3 5 3 13 21 38 1 84
Class 3 1 1 2 1 3 2 0 10
Class 4 24 8 4 30 31 48 6 151
Temporary house 20 4 2 11 3 9 0 49
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.
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Table V-8: Area of fully affected houses according to each house class
Districts Total Affected 2 area (m ) 3,300 1,423 679 3,769 4,453 7,933 480 22,037 Affected area (m ) Class 1 720 295 0 330 425 948 0 2,718 Class 2 249 396 233 1,050 1,781 3,255 90 7,054 Class 3 75 80 125 65 200 440 0 985 Class 4 1,560 520 245 1,950 1,943 2,955 390 9,563 Temporary house 696 132 76 374 104 335 0 1,717
2
Total
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 78 34 32 63 112 118 7 444 Number of partially affected houses 78 34 32 63 112 118 7 444 Classes Class 1 8 2 0 4 4 25 0 43 Class 2 1 12 7 21 28 49 0 118 Class 3 2 6 7 6 2 5 0 28 Class 4 67 14 18 32 73 39 7 250
Total
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Table V-10: Area of partially affected houses according to each house class
Districts Total Affected 2 area (m ) 2,715 985 945 2,231 3,829 4,274 245 15,224 Affected area (m ) Class 1 290 45 0 188 140 835 0 1,498 Class 2 40 430 260 822 1,042 1,894 0 4,488 Class 3 40 110 139 260 92 180 0 821 Class 4 2,345 400 546 961 2,555 1,365 245 8,417
2
Total
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), subhouse 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.
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Table V-4: Loss of other Structures

Houses for poultry (m2) Other structures with Fibro cement font cover (m2) Cement Playground (m2) Brick wall fence (m2) Number of Graves
Districts
Kitchen (m2)
Iron Gate (m2)
Number of Well
Total
4,445 324 93 1,570 544 942 9 7,927
829 855 84 3,204 79 62 15 5,128
1,567 545 142 1,213 578 1,018 14 5,077
1,217 1,255 323 3,300 2,010 3,793 51 11,949
730 753 285 1,980 288 509 7 4,552
243 251 114 660 58 102 1 1,429
648 608 252 775 691 700 63 3,737
103 41 4 112 47 94 3 404
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C. Impacts on crops and trees Crops are raised in agriculture land, and trees in both agriculture land and residential land. The main types of crops including rice and maize, and of trees are sugar cane, acacia, eucalyptus. There are 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) 13,944 9,969 6,703 10,169 19,757 10,983 810 72,335 Acacia (tree) 0 25,711 192,841 42,102 371,367 92,848 6,458 731,327 Eucalyptus (tree) 88,123 63,245 97,201 205,961 406,235 96,390 6,580 963,735
Number of other trees
Total
520,323 371,771 205,111 263,254 506,461 387,701 29,009 2,283,630
79,579 56,860 31,370 40,262 77,460 59,295 4,437 349,263
1,995 825 645 1,815 2,595 3,360 210 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
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January 2011
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
Number of affected business HH Number of affected business HH who have to relocated 2 1 5 2 7 8 0 25 Number of Registered business HHs Number of NonRegistered business HHs 0 1 2 3 4 6 0 16 Average Incomes of affected business House (VND/HH/month) 2,333,333 3,333,333 2,300,000 1,437,500 2,422,222 2,160,000 0 2,283,824
Districts
3 3 5 4 9 10 0 34
3 2 3 1 5 4 0 18
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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 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Total Number of HH is under the poverty line set forth by MOLISA 69 37 22 43 83 83 1 338 Number of HH covered under social policy 45 35 55 31 50 62 16 294 Number of femaleheaded HH 69 51 69 71 77 115 19 471
Social Policy households are those with heroes mother, and/or with member who lay down one life for country and/ or wounded in the war...
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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
Number of HH who have to relocated due to loss of residential land with structure 55 21 11 58 61 106 7 319 Number of HH who have to relocated due to loss of residential land without structure 9 5 0 9 7 15 0 45 Number of HH who are entitle to get land plot in resettlement site due to loss of agricultural land 102 56 59 43 69 66 12 407 Total No. of HHs who have to be relocated or entitled to receive a minimum land plot 166 82 70 110 137 187 19 771
Districts
Number of affected business HH
2 1 5 2 7 8 0 25
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.
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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 I 1 2 3 4 II 1 2 3 4 5 6 III 1 2 3 IV V VI Item Land Agricultural land Residental Land Production forest land Other land Structure House Class 1 House Class 2 House Class 3 House Class 4 Temporary House Other Structure Crops and trees Crops Forest trees Other Trees Loss of Business Collective assets and public works Relocation Requirement 2,473 878 34 electricity poles Telephone poles 771 m
2
Number of Affected HHs
Unit
Quantity
2,473 878 Number of HHs to be collected at DMS -
m m m m
2 2
2,686,623 347,138 1,700,762 1,690,762
69 202 38 401 52 763
m m m m m m
2 2 2 2 2 2
4,216 11,542 1,806 17,980 1,839 39,095
2,686,623 1,695,062 1,706,507 1,837,143 43 12 -
Tree Tree VND/HHs/ Month Number Number -
Entitlement Matrix The entitlement matrix for compensation and relocation is described as in Table V.17 below.
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Table V.17: Entitlement Matrix

Type of Loss/ Impacts 1. Productive Land (Agricultural, Aquaculture etc.) either in or out of the residential area. Application 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. Eligible Persons (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 (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 1.2. Loss (>20%) Fully (a) Owners of land (i) with - if more than 20% of a households agricultural land is DPs will receive assistance corresponding to 50% of land replacement cost. In addition to above, rehabilitation/training assistance will be provided. Entitlements - 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. Implementation Arrangements - 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. This considered as a similar
2,473 DPs
347 DPs
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application 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). Eligible Persons LURC; or (ii) In the process of acquiring LURC; or (iii) Eligible to acquired LURC.
January 2011 Entitlements 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. (b) Users with temporary or leased rights to use land. 715 DPs As the same policy mentioned for categories 1.1 (b) above. Implementation Arrangements 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..
1,241 DPs
2,126 DPs
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application Eligible Persons (c)Land Users without recognized Rights to Use Land 170 DPs 2. Residential Land and joint garden. 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 nonaffected residential area is not less than 40 2 m and in the rural area, non-affected residential area is not 2 less than 100 m and the shape of the remaining plot are acceptable for DP to rearrange the house. 514 DPs (a) Owners of land with (i) LURC or (ii) in the process of acquiring LURC or (iii) are eligible to acquire LURC according to the regulations of GOV, or(iv) Those covered by customary rights, such as members of ethnic minority groups. 315 DPs
January 2011 Entitlements . As the same policy mentioned for categories 1.1 (c) above. Implementation Arrangements
- 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.
878 DPs
- 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.
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application Eligible Persons (b) Users with temporary or leased rights to use land. 137 DPs (c)Land Users without recognized Rights to Use Land. 62 DPs 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 nonaffected residential 2 area is less than 40 m and in the rural area, non-affected residential area is less 2 than 100 m . (a) Owners of land with (i) LURC or (ii) in the process of acquiring LURC or (iii) are eligible to acquire LURC according to the regulations of GOV, or (iv) Those covered by customary rights, such as members of ethnic minority groups. 234 DPs
January 2011 Entitlements - 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. DPs will not be compensated for illegal land loss . Implementation Arrangements
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
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application 364 DPs Eligible Persons
January 2011 Entitlements 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. Implementation Arrangements 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. 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 2 of 40 m ); 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.
(b) Users with temporary or leased rights to use land. 96 DPs (c)Land Users without recognized Rights to Use Land 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 the DPs, who do not have legal or legalizable rights to the affected land, are entitled to the assistance amount equal to 30% of replacement cost. For poor or vulnerable DPs who have no other residential land in the same ward/commune, the project will provide either a residential plot of minimum size at a common RS or on a individual residential plot, with title to the land (plot of 40 m2 in urban area and 100m2 in rural area); or on request of the DPs, cash assistance equivalent to 60% of the land replacement cost for them to arrange relocation by themselves.
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts 3. Structures Application 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 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 Eligible Persons Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit. 444 DPs
January 2011 Entitlements - 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 replacement cost and will be in cash. - 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. Implementation Arrangements The calculation of rates will be based on the actual affected area and not the useable area.
763 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
The calculation of rates will be based on the actual affected area and not the useable area.
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application remaining residential land is sufficient for reconstructed of the house (equal or more 2 than 100 m in the 2 rural area and 40 m in the urban area) or (ii) residential land is less 2 than 100 m in the 2 rural area and 40 m in the urban area (considered not convenient to rebuild the house), so that HH has to move to new site. Eligible Persons
January 2011 Entitlements 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 replacement cost and will be in cash. - 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. 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 The calculation of rates will be based on the actual affected area and not the useable area. Implementation Arrangements
319 DPs 4.Secondary Structures (kitchen, barn, fence, yard, latrine, etc) 763 DPs 5. Crops and Trees, aquaculture products Loss of, or damage to assets. 3,351 DPs Loss of, or damage to assets
763 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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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts 3,351 DPs Application Eligible Persons compensation.
January 2011 Entitlements Implementation Arrangements
- Timber trees based on diameter at breast height at current market value 6.Public Facilities none 7. Communalowned assets, collective assets 02 DPs 8.Graves/ Tombs Have to move graves or tombs the Affected households group of HHs or Loss of, or damage to, assets 02 DPs Village, ward, commune, district, provincial government unit 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. 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. - 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. 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.
155 DPs 9. Loss of Income/ Livelihood due to loss of productive land
155 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.
155 DPs Owners of land (i) with LURC; (ii) in the process acquiring LURC; of
(iii) are eligible to acquire LURC; and (iv) affected households with lease agreement over the affected land 2,126 DPs
2,126 DPs
2,126 DPs
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application Eligible Persons
January 2011 Entitlements 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 Implementation Arrangements
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Da Nang Quang Ngai Expressway Project Resettlement Plan Quang Nam Section Type of Loss/ Impacts Application Eligible Persons
January 2011 Entitlements local manufacturing industries. Implementation Arrangements
10. Loss of Income/ Livelihood due to relocation of business
Marginal Impacts 9 DPs
Owner of business. 9 DPs
the
affected
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.
34 DPs
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 nonland 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 landfor-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/Assi stances
Loss of land and nonland 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
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January 2011 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.
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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, kindergarten, and community cultural house. The transmission line of 0.4 KVA are available near by the site. (ii) The other site is in Ward 7 with the area of about 5,000 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 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 residential area. The transmission lines of 35Kv and 0.4 kv are available nearby 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 the local government. This site is about 300 m far from the old residential area. The site is also very close to the commune-link roads, health care station, kindergarten, and community cultural house. The transmission line of 0.4 KVA are available nearby the site. (ii) The second site is in Ward Truong My with the
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area of about 10,500 m2. This site is close to the commune link road, health care station, kindergarten, and community cultural house, about 300 m to old residential area. The transmission lines of 0.4 KVA are available nearby the 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 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, kindergarten, and community cultural house. The transmission line of 0.4 KVA are available nearby the site. (ii) The other site is in Ward Trung Dinh with the area of about 7,000 m2. This site is close to the commune link road, health care station, kindergarten, and community cultural house, about 150 m to old residential area. The transmission lines of 0.4 KVA are available nearby the site. 12) There is one site in Tam Dai commune. The site is in Ward Dong Tay with the area of about 4,000 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. 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 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. 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 area of about 20,000 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 110Kv are available nearby the site. Que Son district Que Son 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. 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 communelink 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 about 10,000 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 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. Of the households affected by loss of residential land, 25 households would be provided with separate space for business activities. For DPs, who where remaining agricultural land is rendered unviable are entitled to get land plot of minimum size 100m2.
2.
3.
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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.
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
Number of HHs who is entitled to relocate Number of HH Affected by loss of agricultural land with unviable remaining land Required resettlement area (m2) Avaiability of Potential Resettlement Area
District Total
HH relocated due to loss of Res. Land
Total Resettlement Area
Resettlemnt Land-plot Area
Basic Service Area
Number of potential resettlement site
Area of potential resettlement site (m2)
Remarks
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. 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. 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. The land for the potential RS is owned by local government. All the potential sites have good road access and are close to
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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the existing public facilities and utilities. 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. 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. -
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 Total
19 771
7 364
12 407
6,080 246,720
1,900 77,100
4,180 169,620
0 24
0 309,500
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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 households 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. 1 2 Steps Final survey and proposal for the potential sites Approval for selected sites of city/province PC Prepare TOR and selection of consultants for site planning and detailed design Prepare a draft detailed planning according to Vietnam standards (physical infrastructure, plot arrangement, kindergarten, market etc) Consultation with stakeholders on the site planning, get feedback from them. 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. Detailed Design and Bidding Document based on the approved detailed planning. 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 Construction of the site Demarcate Plot Allocate Plot to HH based on the regulation of plot allocation Construction of Houses and Public social services (done in parallel) Relocation of HHs Time/Estimated No. of Days December 2009 to October 2010 February 2011 February to March 2011 April 2011 to June 2011 Group Responsible DCSCC DCSCC to submit to the PCs of Da Nang City PMU 85 and DCSCC Consultants under the supervision of PMU 85 and DCSCC Consultants with the help from PMU 85 and DCSCC
June 2011
July-August 2011
PMU 85 and DCSCC
SeptemberOctober 2011
Consultants of PMU 85
OctoberNovember 2011
DCSCC
9 10 11 12 13
December 2011 to March 2012 March 2012 March-April 2012 April-July 2012 May-August 2012
Contractor Contractor DCSCC HH and Contractors 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) (ii) Cost for topographic, geologic, hydrologic survey; 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 selfrelocation 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 DPs 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 - District Department of Labor and invalid and Social Affairs. - Center for vocational employment orientation. - Farmer Association - Women Union - Social and policy Bank Branch 2. With Duy At offices of From 23 to 26 - District Department of Labor and invalid and Xuyen consulted December 2009 Social Affairs. training and
1. With Dien At offices of From 28 to 31 Ban district, consulted December 2009 Quang Nam institutions province
- Center for agricultural extension programs.
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district, institutions Quang Nam province
- Center for vocational employment orientation. - Farmer Association - Women Union - Social and policy Bank Branch
training
and
3. Thang At offices of From 21 to 23 Binh district, consulted December 2009 Quang Nam institutions province
- District Department of Labor and invalid and Social Affairs. - Center for vocational employment orientation. - Farmer Association - Women Union - Social and policy Bank Branch training and
4. With Tam At offices of From 15 to 18 Ky city, consulted December 2009 Quang Nam institutions province
5. With Que At offices of From 21 to 23 Son district, consulted December 2009 Quang Nam institutions province
6. With Phu At offices of From 4 to Ninh district, consulted January 2010 Quang Nam institutions province
8 - 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 7. With Nui At offices of From 12 to 15 - District Department of Labor and invalid and Thanh consulted January 2010 Social Affairs. district, institutions - Center for vocational training and Quang Nam employment orientation. province - Center for agricultural extension programs.
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- Farmer Association - Women Union - Social and policy Bank Branch
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 1. Dien district Key information and possibility of activities/programs Ban - 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 selfemployment 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 - Vocational training center has 39 trainers. This vocational training district 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 The same functions of the relevant institutions in Thang Binh district are district 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 Page 86
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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 district Son - 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 district Ninh - 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 district
Thanh - 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.
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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
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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 households specific needs against the households 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--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.
It is noted that, one member of each household who is entitled to income rehabilitation assistance would be included for any training programs and that at least 30% of the candidates thus selected will be women.
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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 womens unions, farmers association, father front, veterans 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.
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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 Peoples 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). (ii). (iii). (iv). (v). (vi). General information on the project List of affected districts, communes and scale of land acquisition for the project. Objectives and Principles of RP according to the requirements of GOV and including WBs policy on involuntary resettlement. Schedules of socio-economic survey and IOL Livelihood restoration through RP 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.
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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). Possibility of arranging land for land compensation in the district, commune, especially agricultural land. Potential risks if insufficient productive land for land compensation. Preference of local people and local authorities on the modes of resettlement (to the relocation sites or self-relocation). Compensation cost. Potential of employment and economic restoration programs in the localities.
(ii). (iii). (iv). (v). (vi).
(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 1 Dien Ban district Time March 2009 Venue Dien Ban office Participants DC 03 Leaders of District PC
Duy Xuyen District
March 2009
Duy Xuyen DC 02 Representatives of commune office Thang Binh DC 03 Representatives of commune office Que Son office Tam Ky office Phu Ninh office DC 03 Representatives of the district. DC 03 Representatives of the district. DC 03 Representatives of the district.
Thang Binh District
March 2009
Que Son district
March 2009
Tam Ky City
March 2009
Phu Ninh District
March 2009
Nui Thanh district
March 2009
Nui Thanh DC 03 Representatives of office the district.
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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 selfrelocation): 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
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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 femaleheaded 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 WBs 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.
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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
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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
Number of HH affected by loss of productive land 613 443 446 462 831 769 106 3,670 Total affected HHs surveyed with census and IOL 295 164 84 207 346 336 4 1,436 Number of HH prefer to economic restoration programs Percentage of HH prefer to economic restoration programs
Districts
Number of HH prefer cash for selfemployment
Percentage of HH prefer cash for selfemployment
231 123 74 157 271 282 4 1,142
78.3 75.0 88.1 75.8 78.3 83.9 100.0 79.5
64 41 10 50 75 54 0 294
21.7 25.0 11.9 24.2 21.7 16.1 0.0 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.
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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/Wards 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.
ng t hu
h i c n g
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VIII.3. Consultation during RAP Implementation

At the beginning of Compensation and Resettlement implementation, meetings will be held with and information dissemination to stakeholders to inform them about the policy, implementation process (e.g., mechanisms of DMS, land recovery, participation and consultation procedures, publicize for the approvals, complaint redress mechanism, monitoring and evaluation etc). These are required as the policies of the World Bank and Decrees 197/2004; 84/2007 and 69/2009 of GoV. This task will be done by PMU 85, DCSCC and commune authorities.
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.
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IX. IMPLEMENTATION ARRANGEMENTS

IX.1. Responsibility
The following key institutions (the project owner, local authorities, local NGOs etc.) will be responsible and accountable for 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 Expressways works, including planning, programming, budgeting, design, implementation, monitoring, evaluation, ensuring overall projects 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 Peoples 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
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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 Peoples 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 Peoples 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 postimplementation 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,
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and use of contingencies). At the completion of resettlement implementation PMU would be responsible for preparation of Resettlement Completion Report for submission to the Bank.
(2) Provincial Peoples Committee and its relevant Departments The responsibilities of Provincial Peoples 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 Peoples 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.
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(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, Womens 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 Peoples 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
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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 Peoples 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
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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.
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(4) Consultation and Disclosure Consultations will be conducted with stakeholders, especially with DPs and particularly with the vulnerable households. All consultation and disclosure activities will be properly documented. All minutes of meetings, photos, attendance sheets will be prepared and recorded. Disclosure of the updated RAP to DPs will be carried out prior to its submission to WB for review and approval. The DCSCC will disclose at the Project and Resettlement information kiosks/centers of districts/communes: (i) draft updated RAP prior to submission for review and approval by WB; (ii) final updated 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
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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,
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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.
The Committee will be established separatedly with District Resetlement Committees
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(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
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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 longterm process, these activities will be initiated as soon as the approval for the final RP is obtained and its implementation begins.
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Table IX-1: Proposed schedule for RAP implementation with key activities
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X. MONITORING AND EVALUATION

X.1. Internal monitoring
The Land Acquisition and Resettlement Unit under PMU 85 will serve as the Projects 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 inkind 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
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the affected people; (iv) effectiveness and sustainability of entitlements; and (v) the need for further mitigation measures. Strategic lessons for future policy formulation and planning will also be drawn from the monitoring and evaluation of resettlement. This is possible through a PostResettlement 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;
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Grievance redress mechanism (documentation, process, resolution); Monitor the types and level of assistance provided by project authorities to the DPs who wish to purchase replacement private agricultural land; Effectiveness, impact and sustainability of entitlements and income restoration programs and the need for further improvement and mitigation measures if the 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
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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.
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XI. GRIEVANCE REDRESS MECHANISM

A well-defined grievance redress and resolution mechanism will be established to address DP grievances and complaints regarding land acquisition, compensation and resettlement in a timely and satisfactory manner. All DPs will be made fully aware of their rights, and the detailed procedures for filing grievances and an appeal process will be publicized through an effective public information campaign. The grievance redress mechanism and appeal procedures will also be explained in the Project Information Booklet (PIB) that will be distributed to all DPs The PIB will be prepared and distributed to all affected communities during the meetings. For the purposes of grievance redress and resolution, A Grievance Redress Committees at province, district level and commune levels will be established. These Grievance Redress Committees will draw its members from PMU85, DRC/CRC, lawyers association, womens association and other CBOs and NGOs, and representatives of the DPs. At each level, the committee members will include 5-7 representatives from PMU, CRC (1-2 persons at each 03 level), mass organization/civil society/CBOs/NGOs (1-2 persons), Lawyer Union/associations and DP representatives , which is a positive way to resolve issues that concern DPs. Participation of civil society members and DPs representatives would ensure that the GRCs function without any coercion, remain independent, and discuss all the issues and complaints, and take decisions in an objective and transparent manner. The commune officials, in coordination with the PMU85 staff, will make all attempts to settle DP issues at the commune level through community consultation. However, where DPs are still dis-satisfied with the outcome of these attempts and have outstanding complaints and grievances would be encouraged to submit their complaints to the commune level GRC. DPs are entitled to lodge complaints regarding any aspect of the land acquisition and resettlement requirements such as, entitlements, rates and payment and procedures for resettlement and income restoration programs. DP complaints can be made verbally or in written form. In the case of verbal complaints, the committee hearing the complaint will be responsible to make a written record during the first meeting with the DP. DPs will be exempt from or PMU 85 will pay for all administrative and legal fees incurred in the resolution of grievances and complaints. All meetings will be recorded by the members of the GRC at the respective commune and district level resettlement committees and copies will be provided to DPs. Copies of minutes of meetings will be provided to PMU 85 and WB upon request. A four-stage procedure for redress of grievances is proposed:
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If it is impossible to solve their complaints at the commune or ward level, DPs can take the following steps: Procedures and Steps to Resolve Complaints: Resolving complaints related to the 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.
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XII. COST AND BUDGET

XII.1. Compensation Prices
The cost estimate for compensation of land, affected assets and rehabilitation, resettlement FOR 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/NDCP 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,
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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 subprojects 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.
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Table XII-1: Summary Estimated Resettlement Cost for the Quang Nam section
No I II III IV V VI VII VIII IX X XI XII XIII XIV Compensation for land Compensation for Structures Compensation for other fixed assets Compensation for crops and trees Cost of resettlement site development Cost of Public Facilities Compensation for Loss of Businesses Allowances SUB-TOTAL A (I+II+III+IV+V+VI+VII+VIII)
Cost of Management (2% of I - VII) Cost of RCS (Resettlement Cost Survey) Cost of External Monitoring & Evaluation (1% of I-VII) SUB-TOTAL B (X+XI+XII) Contingency 10% x (IX+XIII)
Items
No. of Affected Asset 4,734,523 m2 37,261 m2 40,203 m2 2,795,228m2 Rice and annual crops and 1,712,207 Trees 245,344 m2 78 electricity and telephone poles 34 Households
No. of DPs 3,351 759 3,052 3,351 2,342 2 34
Total cost (VND) 254,558,427,600 39,790,540,000 20,923,770,000 20,678,815,300 98,137,600,000 908,500,000 499,000,000 581,103,826,000 1,016,600,478,900 20,332,009,578 240,000,000 10,166,004,789 30,738,014,367 104,733,849,327 1,152,072,342,594
Exchange USD (1USD = 19,000 VND) 13,054,278 2,040,541 1,073,014 1,060,452 5,032,697 46,590 25,590 29,800,196 52,133,358 0 1,042,667 12,308 521,334 1,576,308 0 5,370,967 59,080,633
24 communes
Grand Total
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ANNEX A
COMPARATIVE ANALYSIS OF WB, VIETNAM NATIONAL AND PROVINCIAL POLICIES AND PROPSOED POLICY FOR THE PROJECT
Annex A
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National and Project Provincial Regulations
No
Criteria
World Bank Policy (OP/BP 4.12) National Law (revised version 2003) and Decree 197/2004
Da Nang PPC ( Dec 36/2009/QDUBND dated 24/12/2009) (5) As specified in the National Law
Quang Nam PPC ( Dec 23/2010/QDUBND dated 30/09/2010) (6) As specified in the National Law
Quang Ngai PPC ( Dec 66/2009/QDUBND dated 31/12/2009) (7) As specified in the National Law Da Nang Quang Ngai Expressway Project Policy
(1) 1
(2) Objectives
(3) 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.
(4) 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.
(8) 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 preproject living standards and income-earning capacity if involuntary resettlement impacts are unavoidable.
Impacts Covered
This WBs 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 GoVs policy cover direct impacts on land acquisition caused by the development projects
As in the National Law
The project policy covers all socioeconomic 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 1
January 2011
No
Criteria
Da Nang PPC ( Dec 36/2009/QDUBND dated 24/12/2009) (5)
Quang Nam PPC ( Dec 23/2010/QDUBND dated 30/09/2010) (6)
Quang Ngai PPC ( Dec 66/2009/QDUBND dated 31/12/2009) (7) Da Nang Quang Ngai Expressway Project Policy
(1)
(2) to assets;
(3) (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location
(4) The indirect impacts such as income source or means of livelihood are not mentioned in the policy. 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
(8)
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 assetsprovided 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.
National Law
National Law
National Law
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
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 assetsprovided 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 2
January 2011
No
Criteria
(1)
(2)
(3)
(4) project in a stable manner after 15th October 1993 will not be compensated for land, but may be assisted, on case to case basis. 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. 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.
(8)
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.
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.
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,
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 3
January 2011
No
Criteria
(1)
(2)
(3) sharecroppers and squatters are entitled to resettlement assistance that may include replacement land, ensure greater security of tenure and upgrading of livelihoods.
(4)
(8) 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. All affected structure and houses will be compensated at 100% of replacement cost without any depreciation or deduction for salvaged material.
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,
Annex A
Page 4
January 2011
No
Criteria
(1)
(2)
(3)
(4) 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. 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.
(8)
Compensation for Land, Structure, Tree/Crop, and other fixed assts
Based on replacement costs (reflecting market prices plus transaction fees).
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 5
January 2011
No
Criteria
(1)
(2)
(3)
(4)
(8) reflect compensation at replacement cost All DPs affected by loss of productive land are considered entitled to receive additional support and income rehabilitation assistance
Threshold of "severely affected income" for DPs when their agricultural land is acquired Resettlement Arrangment
Losing over 20% of their agricultural land (OP/BP 4.12)
Losing over 30% of their agricultural land (Decree 69/2009)
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. Provision of the National Law
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.
Business Loss
Support for all affected households doing business
10
Rehabilitation
Where necessary to achieve
Decree 197: Articles 26, 28: Only registered businesses and their employees with long-term contract are eligible for compensation. Rehabilitation Assistance during
Probvision of the National Law
Support to be provided to both licensed and un-licensed affected business households, including their registered employees. The project policy on the
Assistance is
Assistance is
Assistance is
Annex A
Page 6
January 2011
No
Criteria
Da Nang PPC ( Dec 36/2009/QDUBND dated 24/12/2009) (5) regulated in accordance with Decision No. 36/2009 of Da nang PPC, including: - Material Transport 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; - Allowance for the Poors and Social
Quang Nam PPC ( Dec 23/2010/QDUBND dated 30/09/2010) (6) regulated in accordance with Decision No. 23/2010 of Quang Nam PPC, including: - Allowance for Material Transport; house renting and Living 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 Production Stabilization and Vocational Training, Job Creation; - Allowance for the Poors and Social
Quang Ngai PPC ( Dec 66/2009/QDUBND dated 31/12/2009) (7) regulated in accordance with Decision No. 66/2009 of Quang Ngai PPC, 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 Da Nang Quang Ngai Expressway Project Policy
(1)
(2) Measures
(3) 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.
(4) Transition Period will be appplied based on Clause 17, 20, 21, 22 Decree No 69/2009 ca 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.
(8) 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 - Assistance for agricultural land in the residential area, garden land, pond land adjacent to residential land but are not recognized as residential land - Support for vocational training and job creation C. Other Allowances/Assistance: - Bonus - House Repair - Facility Connection - Transport Allowance
Annex A
Page 7
January 2011
No
Criteria
Da Nang PPC ( Dec 36/2009/QDUBND dated 24/12/2009) (5) Policy Households - Incentive Bonus - Other Assistances
Quang Nam PPC ( Dec 23/2010/QDUBND dated 30/09/2010) (6) Policy Households - Incentive Bonus - Other Assistances
Quang Ngai PPC ( Dec 66/2009/QDUBND dated 31/12/2009) (7) Creation, and; - Allowance for the Poors and Social Policy Households - Other Assistances Provision of the National Law Da Nang Quang Ngai Expressway Project Policy
(1)
(2)
(3)
(4)
(8)
11
Assistance to Vulnerable Group
To achieve the objectives of WBs 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 8
January 2011
No
Criteria
Da Nang PPC ( Dec 36/2009/QDUBND dated 24/12/2009) (5) Not applicable
Quang Nam PPC ( Dec 23/2010/QDUBND dated 30/09/2010) (6) Not applicable
Quang Ngai PPC ( Dec 66/2009/QDUBND dated 31/12/2009) (7) Not applicable Da Nang Quang Ngai Expressway Project Policy
(1) 12
(2) External Monitoring Agency
(3) Independent monitoring agency should be employed to monitor and evaluate the information of compensation and resettlement objectively. Not applicable
(4)
(8) households. Independent monitoring of resettlement implementation included. Post-implrementation evaluation recommended to determine whether the objectives of the policy are achieved.
Annex A
Page 9
January 2011
ANNEX B
SOCIO-ECONOMIC CONDITIONS OF THE PROJECT AFFECTED HOUSEHOLDS

(QUANG NAM PROVINCE SECTION)
Annex B
Page 10
January 2011
Demographic Characteristics of DPs by Commune

Total affected HHs surveyed with census and IOL 20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4 1,436 Affected Persons Average household size (person/HH) 4.2 4.0 4.3 4.8 4.3 4.1 4.6 4.2 3.1 4.2 3.9 4.4 4.0 3.7 3.3 4.5 4.3 3.1 4.2 4.4 3.8 4.2 4.3 3.6 4.1 Less than 4 persons/HH 34.8 57.2 50.4 34.3 61.7 65.7 57.5 65.5 76.7 58.8 70.0 41.5 71.0 52.0 70.2 65.9 66.2 45.0 55.0 55.0 50.0 40.0 41.0 50.9 55.7 Household Size ( %) From 5-8 persons/HH 50.3 38.3 49.6 60.0 35.7 31.4 41.5 27.6 23.3 39.3 30.0 55.2 25.0 31.0 29.8 34.1 32.6 55.0 42.5 35.0 42.9 56.0 49.0 47.2 40.1 More than 8 persons/HH 14.9 4.5 0.0 5.7 2.6 2.9 1.0 6.9 0.0 1.9 0.0 3.3 4.0 17.0 0.0 0.0 1.2 0.0 2.5 10.0 7.1 4.0 10.0 1.9 4.2 Gender Ratio
Commune
Population 110 783 421 169 485 62 115 121 93 448 157 266 374 427 100 77 193 186 271 297 36 195 408 17 5,811
Male (%) 45.0 49.0 52.0 51.0 52.0 48.0 46.0 49.0 47.0 50.0 54.0 50.0 45.0 53.0 49.0 47.0 49.0 56.0 48.0 45.0 53.0 52.0 54.0 50.0 49.8
Female (%) 55.0 51.0 48.0 49.0 48.0 52.0 54.0 51.0 53.0 50.0 46.0 50.0 55.0 47.0 51.0 53.0 51.0 44.0 52.0 55.0 47.0 48.0 46.0 50.0 50.2
Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total
Annex B
Page 11
January 2011
Age structure of surveyed population by Commune

Total affected HHs surveyed
20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4 1,436
Commune
Population
Average age of surveyed population 32 39 42 35 34 37 38 33 37 39 28 35 35 33 42 41 30 34 45 32 32 38 40 43

36.4
Percentage of age group ( %) Less 5 years old 8.2 5.7 5.5 7.7 4.3 5.6 4.7 11.6 2.2 4.7 7.0 7.9 7.3 6.0 3.7 6.1 2.8 5.6 4.8 2.3 11.2 5.6 3.4 4.6
5.8
From 5 to 18 years old 20.9 12.0 12.6 12.4 14.2 15.2 17.1 8.3 20.4 21.2 25.5 16.4 16.9 12.7 10.9 8.6 9.2 17.3 11.3 4.1 14.3 17.7 7.7 9.9
14.0
From 18 to 35 years old 29.1 32.7 32.3 33.7 35.7 34.8 35.6 37.2 23.7 30.5 31.2 31.5 35.8 30.8 35.6 32.7 46.2 40.8 31.7 81.8 41.8 26.6 43.2 36.7
36.3
From 36 to 55 years old 23.6 27.3 27.8 27.8 25.4 29.1 37.1 27.3 31.2 27.5 28.7 18.3 25.3 23.5 42.8 40.6 26.5 26.7 41.5 7.9 25.5 27.8 30.3 37.5
28.6
Over 55 years old 18.2 22.3 21.8 18.4 20.4 15.3 5.5 15.6 22.5 16.1 7.6 25.9 14.7 27.0 7.0 12.0 15.3 9.6 10.7 3.9 7.2 22.3 15.4 11.3
15.3
Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Xuan 1 Tam Xuan 2 Tam Anh Nam Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc
110 783 421 169 485 62 115 121 93 448 157 266 374 427 100 193 186 77 271 297 36 195 408 17
5,811
Total
Annex B
Page 12
January 2011
Educational status of the heads of householders by Commune

Education Level of DP Households Heads Commune Total Surveyed HH Heads Illiterate (%) Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Primary Education (%) Basic Secondary Education (%) High School Education (%) College and (%)
20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4

1,436
0.0 1.1 6.2 2.9 1.8 0.0 0.0 0.0 0.0 6.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
0.8
29.9 44.3 59.6 54.2 54.6 62.1 57.8 51.7 53.3 36.5 2.5 76.4 38.7 58.4 54.8 47.4 67.3 33.6 29.2 45.0 50.3 38.6 43.0 55.0
47.7
59.7 50.5 26.7 42.9 39.6 24.4 30.8 48.3 46.7 51.4 92.5 11.6 32.9 28.6 33.4 37.2 23.5 30.8 55.2 33.6 24.6 26.0 27.0 20.0
37.3
10.4 3.5 6.5 0.0 3.1 12.1 9.8 0.0 0.0 2.8 5.0 12.0 23.3 12.9 11.2 15.1 7.7 33.6 12.1 19.2 25.0 26.1 27.0 11.2
12.1
0.0 0.6 1.0 0.0 0.9 1.4 1.6 0.0 0.0 2.8 0.0 0.0 5.1 0.1 0.6 0.3 1.5 2.0 3.5 2.2 0.1 9.3 3.0 13.8
2.1
Annex B
Page 13
January 2011
Education Level of Surveyed DPs

Education Level of DP Population Commune Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Total surveyed population 110 783 421 169 485 62 115 121 93 448 157 266 374 427 100 77 193 186 271 297 36 195 408 17 5,811 Illiterate (%) Primary Education (%) Basic Secondary Education (%) Higher Secondary Education (%) College and University (%)
6.8 6.6 5.7 4.1 5.4 1.5 3.4 2.5 1.1 3.1 2.5 1.7 3.4 5.6 2.3 4.1 1.5 2.7 2.7 2.5 3.1 3.3 2.9 3.1
3.4
31.2 25.2 32.4 40.9 32.9 36.8 37.5 35.1 34.5 25.9 29.1 39.3 34.9 46.5 28.9 26.5 24.7 29.9 20.3 22.1 28.6 25.5 27.9 28.9
31.1
39.7 37.4 40.7 32.9 41.6 40.1 41.3 45.0 41.1 45.8 42.3 38.6 33.3 29.0 38.2 37.2 43.7 39.6 55.2 49.7 37.1 47.8 47.7 37.2
40.9
19.5 23.3 16.4 18.2 13.7 15.8 10.4 13.8 20.1 19.8 19.0 15.9 26.1 11.7 24.8 24.2 27.0 20.3 15.6 21.3 23.8 14.5 20.4 24.3
19.1
2.8 7.5 4.8 3.9 6.4 5.8 7.4 3.6 3.2 5.4 7.1 4.5 2.3 7.2 5.8 8.0 3.1 7.5 6.2 4.4 7.4 8.9 1.1 6.5
5.5
Annex B
Page 14
January 2011
Types of employment
Commune Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Survey population Agriculture (%) Business (%) Workers in industry (%) Gov service (%) Professional (%) self-employed (%) Other (%)
Total
78 644 345 135 395 55 90 97 72 332 106 198 284 347 85 59 165 172 227 278 27 150 377 15 4,733
61.0 62.9 62.9 69.6 63.3 76.7 75.8 82.2 64.3 62.5 59.1 81.2 59.8 59.7 61.3 52.6 60.0 65.4 55.0 61.8 52.5 59.3 66.8 66.7
64.3
8.9 13.5 9.5 4.8 4.3 5.6 5.2 4.4 9.0 13.4 19.8 4.6 10.2 10.1 12.2 8.5 11.8 5.5 18.4 9.7 19.5 11.0 5.4 3.5
9.5
20.8 12.7 15.8 13.0 14.2 11.0 7.8 7.8 12.8 14.5 11.7 6.4 10.6 6.6 12.6 12.5 9.5 7.9 11.3 10.8 12.1 8.0 7.0 9.6
11.1
0.0 2.7 1.4 3.2 4.2 0.0 2.9 0.0 4.8 3.3 0.0 3.5 10.3 3.9 6.5 12.2 5.9 11.8 12.3 3.9 11.1 6.7 7.2 12.1
5.4
7.1 5.8 7.7 2.9 5.8 1.8 2.9 2.6 6.8 5.7 7.3 1.8 7.0 9.3 5.0 5.3 5.8 5.9 2.4 7.4 2.4 4.5 7.8 5.9
5.3
0.0 0.6 1.4 5.3 7.6 2.1 2.6 0.0 0.0 0.0 0.0 0.0 0.7 5.2 1.2 7.2 5.5 1.1 0.1 4.2 0.6 7.3 3.4 1.1
2.4
2.2 1.8 1.3 1.2 0.6 2.8 2.8 3.0 2.3 0.6 2.1 2.5 1.4 5.2 1.2 1.7 1.5 2.4 0.5 2.2 1.8 3.2 2.4 1.1
2.0
Annex B
Page 15
January 2011
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) 910,000 785,955 827,320 767,143 852,632 863,333 854,000 853,448 750,000 874,299 840,000 873,333 844,286 849,099 891,667 833,333 845,652 807,143 867,045 823,750 862,500 834,746 815,347 925,000 843,793
Income Capita with Less than VND 200,000 HHs

3 43 23 9 24 4 7 6 9 21 10 12 26 22 5 5 13 12 19 21 2 15 26 1
338
Income capita From VND 200.000 to 500,000 HHs

10 96 48 19 52 6 9 14 14 46 18 28 45 54 10 7 19 19 41 37 3 27 48 2
672
Imcome Capita With More than VND 500,000 HHs

7 39 26 7 38 5 9 9 7 40 12 20 34 35 9 6 14 11 28 22 3 17 27 1
426
%
15.0 24.2 23.7 25.7 21.1 26.7 28.0 20.7 30.0 19.6 25.0 20.0 24.8 19.8 20.8 27.8 28.3 28.6 21.6 26.3 25.0 25.4 25.7 25.0
23.5
%
50.0 53.9 49.5 54.3 45.6 40.0 36.0 48.3 46.7 43.0 45.0 46.7 42.9 48.6 41.7 38.9 41.3 45.2 46.6 46.3 37.5 45.8 47.5 50.0
46.8
%
35.0 21.9 26.8 20.0 33.3 33.3 36.0 31.0 23.3 37.4 30.0 33.3 32.4 31.5 37.5 33.3 30.4 26.2 31.8 27.5 37.5 28.8 26.7 25.0
29.7
Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc
20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4

1,436
Total
Annex B
Page 16
January 2011
Number of poverty household base on MOLISA poverty line Commune

Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc
Total Surveyed HHs

20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4
1,436
Income per Capita with Less than VND 200,000 HHs

3 43 23 9 24 4 7 6 9 21 10 12 26 22 5 5 13 12 19 21 2 15 26 1
338
Income Per Capita From VND 200.000 to 500,000 HHs

10 96 48 19 52 6 9 14 14 46 18 28 45 54 10 7 19 19 41 37 3 27 48 2
672
Income per With Capita More than VND 500,000 HHs

7 39 26 7 38 5 9 9 7 40 12 20 34 35 9 6 14 11 28 22 3 17 27 1
426
%
15.0 24.2 23.7 25.7 21.1 26.7 28.0 20.7 30.0 19.6 25.0 20.0 24.8 19.8 20.8 27.8 28.3 28.6 21.6 26.3 25.0 25.4 25.7 25.0
23.5
%
50.0 53.9 49.5 54.3 45.6 40.0 36.0 48.3 46.7 43.0 45.0 46.7 42.9 48.6 41.7 38.9 41.3 45.2 46.6 46.3 37.5 45.8 47.5 50.0
46.8
%
35.0 21.9 26.8 20.0 33.3 33.3 36.0 31.0 23.3 37.4 30.0 33.3 32.4 31.5 37.5 33.3 30.4 26.2 31.8 27.5 37.5 28.8 26.7 25.0
29.7
Total
Annex B
Page 17
January 2011
Percentage of HHs experience with periodic health check in affected area

Periodic health care check (%) 15.0 42.0 38.0 32.0 33.0 22.0 14.7 31.0 37.0 42.0 38.0 32.0 20.0 25.7 10.0 25.0 12.5 20.0 24.2 33.0 20.0 24.2 20.0 20.0 26.3 No Periodic health care check (%) 85.0 58.0 62.0 68.0 67.0 78.0 85.3 69.0 63.0 58.0 62.0 68.0 80.0 74.3 90.0 75.0 87.5 80.0 75.8 67.0 80.0 75.8 80.0 80.0 73.7
Commune
Total Surveyed HHs
20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4 1,436
Annex B
Page 18
January 2011
Percentage of HHs has toilet facilities

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Total Surveyed HHs 20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4 1,436.0 Latrine with septic tank (%) 80.0 93.0 88.0 60.0 62.0 58.0 45.2 43.0 48.0 62.0 55.0 43.0 0.0 5.7 21.3 0.0 2.2 0.0 4.2 0.0 0.0 4.2 0.0 0.0 32.3 Latrine with semi septic tank (%) 16.0 5.0 10.0 40.0 38.0 37.0 54.8 51.0 52.0 34.0 42.0 54.0 100.0 94.3 78.7 100.0 97.8 100.0 95.8 87.0 100.0 95.8 100.0 100.0 66.0 Latrine over pond or river (%) 4.0 2.0 2.0 0.0 0.0 5.0 0.0 6.0 0.0 4.0 3.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 13.0 0.0 0.0 0.0 0.0 1.7
Annex B
Page 19
January 2011
Consumer Goods of the surveyed households Communes

Surveyed HH
20 178 97 35 114 15 25 29 30 107 40 60 105 111 24 18 46 42 88 80 8 59 101 4
1,436
HH with HH with telephone motorbike (%) (%)

60.0 47.0 25.0 26.0 45.0 29.0 41.0 43.0 32.0 34.0 35.0 34.0 10.0 6.0 35.0 44.0 51.0 13.0 8.0 14.0 25.0 13.0 9.0 25.0
29.3
HH with TV (%)
92.0 96.0 75.0 83.0 75.0 61.0 79.0 70.0 64.0 83.0 75.0 61.0 100.0 100.0 82.0 98.0 92.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0
86.9
62.0 32.0 43.0 38.0 55.0 58.0 62.0 85.0 80.0 32.0 43.0 38.0 75.0 80.0 77.0 83.0 85.0 67.0 58.0 68.0 63.0 50.0 57.0 80.0
61.3
HH with Video Player 73.0 (%)

25.0 13.0 22.0 30.0 32.0 41.0 33.0 41.0 32.0 19.0 28.0 65.0 74.0 47.0 55.0 57.0 35.0 26.0 48.0 53.0 30.0 13.0 62.0
39.8
HH with washing machine 5.0 (%)

3.0 5.2 14.0 4.4 0.0 0.0 0.0 0.0 4.7 0.0 8.3 10.0 8.6 0.0 0.0 0.0 0.0 2.8 6.3 0.0 0.0 5.0 0.0
3.2
Annex B
Page 20
January 2011
ANNEX C RESETTLEMENT IMPACTS
Annex C
Page 21
January 2011
Number of HHs and heads affected by land acquisition in 24 communes

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Qui Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Number of affected HH 168 287 114 139 141 117 185 97 220 134 249 80 40 240 115 242 169 401 194 149 87 65 127 114 3,874 Number of affected people 706 1,263 490 667 606 480 851 407 682 563 971 352 160 888 380 1,089 727 1,243 815 656 331 273 546 410 15,556
Annex C
Page 22
January 2011
Number of affected area of different land types

Commune Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Qui Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Loss of residential land (m2) 19,071 43,975 11,136 0 12,589 6,613 8,243 0 12,589 38,333 11,380 23,545 3,540 24,630 14,579 1,273 13,863 2,971 54,463 11,218 4,276 8,311 9,370 11,170 347,138 Loss of agricultural land (m2) 116,100 390,644 105,401 180,876 210,144 46,358 70,503 79,127 91,677 96,503 151,466 61,741 158,584 105,958 73,149 109,235 46,381 102,529 98,389 83,140 26,745 97,357 150,488 34,128 2,686,623 Loss of forestry land (m2) 0 0 0 23,459 20,710 15,625 126327 122,054 200,086 31,917 46,095 19,900 161,846 185,863 61,459 305942 39,471 109,063 34,289 63,884 11,012 43,570 63,172 15,018 1,700,762 Loss of other types of land (m2) 114,669 23,147 16,786 1,272 8,692 100,993 22,247 89,001 59,279 232,743 39,254 89,337 113,401 130,227 56,068 185,951 150,630 76,416 28,482 44,761 21,074 30,527 44,262 11,543 1,690,761 Total (m2) 249,841 457,766 133,322 205,607 252,135 169,589 227,319 290,182 363,631 399,496 248,195 194,523 437,371 446,679 205,255 602,401 250,345 290,980 215,623 203,003 63,107 179,765 267,292 71,859 6,425,283
Annex C
Page 23
January 2011
Degree of Impact on agricultural land by Commune

Loss of agricultural land (m2) 116,100 390,644 105,401 180,876 210,144 46,358 70,503 79,127 91,677 96,503 151,466 61,741 158,584 105,958 73,149 109,235 46,381 102,529 98,389 83,140 26,745 97,357 150,488 34,128 2,686,623 Total Number of HH due to loss of Agricultural land 91 268 81 112 162 73 88 86 142 89 152 49 128 136 77 122 61 107 108 79 31 63 113 55 2,473 Number of HH affected <20% of the total agricultural land holding 14 18 12 17 24 11 13 13 21 13 23 7 19 20 12 18 9 16 16 12 5 9 17 8 347 Number of HH affected from 20% to 30% of the total agricultural land holding 12 20 36 36 52 13 22 25 16 10 5 21 60 13 19 26 15 6 14 13 3 12 29 16 494 Number of HH affected from 30% to 70% of the total agricultural land holding 33 168 25 32 69 37 38 37 72 55 98 15 42 86 37 65 32 67 57 45 19 32 45 19 1,225 Number of HH affected more than 70% of the total agricultural land holding 32 62 8 27 17 12 15 11 33 11 26 6 7 17 9 13 5 18 21 9 4 10 22 12 407 Number of HH fully affected on agricultural land holding 16 31 4 14 9 6 8 6 17 6 13 3 4 9 5 7 3 9 11 5 2 5 11 6 210 Legal status on land use right Households households households have not will not be have Red granted eligible to book with Red have Red book book 55 29 7 161 86 21 49 26 6 67 36 9 97 52 13 44 23 6 53 28 7 52 28 6 85 46 11 53 29 7 91 49 12 29 15 5 77 41 10 82 43 11 46 25 6 73 39 10 37 19 5 64 34 9 65 34 9 47 26 6 19 9 3 38 20 5 68 36 9 33 18 4 1485 791 197
Communes
Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Qui Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total
Annex C
Page 24
January 2011
Number of households affected on residential land by commune

Number of HH fully affected on residential plot with structure 17 26 12 0 13 8 7 0 4 18 12 28 4 15 19 6 13 4 41 22 8 24 11 7 319 Number of HH fully affected on residential plot without structure 3 4 2 0 5 0 0 0 0 3 2 4 0 2 3 0 2 0 6 3 0 4 2 0 45 Number of HH particial affected on residential plot with structure 17 46 15 0 26 8 11 0 21 24 22 17 18 18 8 5 45 18 32 30 8 34 14 7 444 Number of HH particial affected on residential plot without structure 2 7 3 0 4 1 1 0 2 3 2 4 4 3 2 1 4 3 6 3 2 2 5 6 70 Legal status on land use right Households have not granted with LURC 7 24 6 0 11 5 4 0 5 18 8 16 6 11 8 3 16 6 31 15 4 20 5 4 233 households will not be eligible to have LURC 4 7 4 0 6 2 3 0 4 2 5 5 5 5 4 2 4 3 0 8 4 6 11 2 96
Communes
Loss of residential land (m2)
Number of residential landless HH
households have LURC
19,071 43,975 11,136 0 12,589 6,613 8,243 0 12,589 38,333 11,380 23,545 3,540 24,630 14,579 1,273 13,863 2,971 54,463 11,218 4,276 8,311 9,370 11,170 347,138
39 83 32 0 48 17 19 0 27 48 38 53 26 38 32 12 64 25 85 58 18 64 32 20 878
28 52 22 0 31 10 12 0 18 28 25 32 15 22 20 7 44 16 54 35 10 38 16 14 549
Annex C
Page 25
January 2011
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 17 26 12 0 13 8 7 0 4 18 12 28 4 15 19 6 13 4 41 22 8 24 11 7 319
Number of fully affected houses 17 26 12 0 13 8 7 0 4 18 12 28 4 15 19 6 13 4 41 22 8 24 11 7 319
Classes Temporary house 4 11 5 0 2 2 1 0 1 0 5 6 0 0 0 0 3 0 3 0 0 3 3 0 49
Class 1 0 5 2 0 3 0 0 0 0 3 0 0 0 1 0 0 3 0 4 1 1 2 1 0 26
Class 2 3 0 0 0 2 3 2 0 1 3 3 7 0 2 12 5 2 0 8 14 5 11 0 1 84
Class 3 1 0 0 0 1 0 0 0 2 0 0 1 0 1 0 0 2 0 1 0 0 1 0 0 10
Class 4 9 10 5 0 5 3 4 0 0 12 4 14 4 12 7 1 3 4 25 7 2 7 7 6 151
Annex C
Page 26
January 2011
Area of fully affected houses according to each house class

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Total Affected 2 area (m ) 1,048 1,548 704 0 936 487 430 0 249 1,330 680 1,759 260 1,140 1,451 495 892 215 2,995 1,667 665 1,966 640 480 22,037 Affected area (m ) Class 1 0 515 205 0 295 0 0 0 0 330 0 0 0 105 0 0 320 0 412 100 120 206 110 0 2,718 Class 2 249 0 0 0 166 230 150 0 83 220 255 575 0 185 996 430 170 0 765 1,162 415 913 0 90 7,054 Class 3 75 0 0 0 80 0 0 0 125 0 0 65 0 70 0 0 130 0 65 0 0 375 0 0 985 Class 4 585 650 325 0 325 195 245 0 0 780 260 910 260 780 455 65 168 215 1625 405 130 375 420 390 9,563 Temporary house 139 383 174 0 70 62 35 0 41 0 165 209 0 0 0 0 104 0 128 0 0 97 110 0 1,717
2
Annex C
Page 27
January 2011
Partially affected houses by Commune

Total No. of HHs who are partially affected on houses 17 46 15 0 26 8 11 0 21 24 22 17 18 18 8 5 45 18 32 30 8 34 14 7 444 Classes Number of partially affected houses
Communes
Class 1
Class 2
Class 3
Class 4
Temporary house
17 46 15 0 26 8 11 0 21 24 22 17 18 18 8 5 45 18 32 30 8 34 14 7 444
0 4 4 0 2 0 0 0 0 4 0 0 0 4 0 0 0 0 5 5 3 5 7 0 43
1 0 0 0 9 3 4 0 3 6 10 5 1 0 0 0 23 4 11 13 4 21 0 0 118
2 0 0 0 6 0 0 0 7 0 0 6 0 2 0 0 0 0 0 0 0 5 0 0 28
14 42 11 0 9 5 7 0 11 14 12 6 17 12 8 0 22 14 16 12 1 3 7 7 250
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Annex C
Page 28
January 2011
Area of partially affected houses according to each house class

Total Affected 2 area (m ) 570 1,610 535 0 700 285 336 0 609 850 784 597 618 652 280 0 1,680 599 1,120 1,105 324 1,235 490 245 15,224 Affected area (m ) Class 1 0 140 150 0 45 0 0 0 0 188 0 0 0 140 0 0 0 0 175 175 105 135 245 0 1,498 Class 2 40 0 0 0 320 110 175 0 85 331 364 127 23 0 0 0 910 109 385 510 184 815 0 0 4,488 Class 3 40 0 0 0 110 0 0 0 139 0 0 260 0 92 0 0 0 0 0 0 0 180 0 0 821 Class 4 490 1,470 385 0 225 175 161 0 385 331 420 210 595 420 280 0 770 490 560 420 35 105 245 245 8,417 Temporary house 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2
Communes
Annex C
Page 29
January 2011
Loss of other Structures

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Qui Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Kitchen (m2) 246 3,729 470 0 204 120 54 0 39 370 888 312 48 223 32 13 99 129 478 152 36 117 159 9 7,927 Houses for poultry (m2) 275 235 319 0 585 270 44 0 40 1,605 700 899 3 15 43 1 7 10 29 11 2 9 11 1 5,114 Sub-house with Fibro cement font cover (m2) 116 1,133 318 0 443 102 65 0 77 596 269 348 63 290 24 25 79 97 516 139 63 153 147 14 5,077 Cement Playground (m2) 160 845 212 0 1,080 175 187 0 136 1,570 525 1,205 155 1,152 60 83 64 496 1,666 602 172 601 752 51 11,949 Brick wall fence (m2) 96 507 127 0 648 105 203 0 82 942 315 723 31 145 12 13 39 48 258 69 32 77 73 7 4,552 Iron Gate (m2) 32 169 42 0 216 35 87 0 27 314 105 241 6 29 2 3 8 10 52 14 6 15 15 1 1,429 Number of Graves
167 304 177 87 351 170 42 90 120 449 240 86 59 164 73 129 161 105 187 89 182 148 94 63 3,737
Number of Well 19 65 19 0 32 9 0 0 4 56 18 38 6 22 0 2 7 10 45 14 5 15 15 3 404
Annex C
Page 30
January 2011
Impacts on annual crops and trees by Commune

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Qui Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Rice (m2) 98,685 332,047 89,591 153,745 178,622 39,404 59,928 67,258 77,925 82,028 128,746 52,480 134,796 90,064 62,177 92,850 39,424 87,150 83,631 70,669 22,733 82,753 127,915 29,009 2,283,630 Maize (m2) 15,093 50,784 13,702 23,514 27,319 6,027 9,165 10,287 11,918 12,545 19,691 8,026 20,616 13,775 9,509 14,201 6,030 13,329 12,791 10,808 3,477 12,656 19,563 4,437 349,261 Sugar cane (m2) 3,583 8,068 2,293 3,632 4,299 2038 1,655 2,562 2,486 4,490 3,461 2,218 4,419 3,551 2,080 4,230 2585 2,892 2,281 2,155 767 2,283 3,497 810 72,330 Acacia (Tree) 0 0 0 10,087 8,905 6,719 54,321 52,483 86,037 13,724 19,821 8,557 69,594 79,921 26,427 131,555 16,973 46,897 14,744 27,470 4,735 18,735 27,164 6,458 731,328 Eucalyptus (Tree) 65,361 13,194 9,568 725 4,954 57,566 12,681 50,731 33,789 132,664 22,375 50,922 64,639 74,229 31,959 105,992 85,859 43,557 16,235 25,514 12,012 17,400 25,229 6,580 963,734 Number of other trees 510 1,080 405 0 585 240 270 0 375 630 510 675 330 495 405 165 870 330 1095 780 240 870 375 210 11,445
Annex C
Page 31
January 2011
Affected Small Scale Business household

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Number of affected business HH 2 1 0 0 2 1 3 2 0 2 1 1 0 3 3 1 1 1 5 2 0 1 2 0 34 Number of affected business HH who have to relocated 1 1 0 0 1 0 3 2 0 1 0 1 0 2 2 1 1 1 3 2 0 1 2 0 25 Average Incomes of affected business House (VND/HH/month) 2,500,000 2,000,000 0 0 3,500,000 3,000,000 2,500,000 2,000,000 0 2,000,000 750,000 1,000,000 0 3,000,000 3,000,000 2,000,000 600,000 1,200,000 2,500,000 2,000,000 0 1,500,000 1,800,000 0 2,283,824
Annex C
Page 32
January 2011
Affected vulnerable households

Communes Dien Tien Dien Tho Dien Quang Duy Trinh Duy Son Duy Trung Que Xuan 1 Que Xuan 2 Phu Tho Binh Quy Binh Chanh Binh Que Tam Nghia Tam My Dong Tam My Tay Tam Anh Nam Tam Xuan 1 Tam Xuan 2 Tam Thai Tam Phuoc Tam Dai Tam Dan Tam Thanh Tam Ngoc Total Number of HH is under the poverty line set forth by MOLISA 3 43 23 9 24 4 7 6 9 21 10 12 26 22 5 5 13 12 19 21 2 15 26 1 338 Number of HH with social policy 5 35 5 18 12 5 25 9 21 12 12 7 12 5 5 7 16 5 25 7 18 7 5 16 294 Number of femaleheaded HH 15 38 16 13 26 12 19 8 42 20 43 8 12 8 7 17 17 16 36 24 34 16 5 19 471
Annex C
Page 33
January 2011
Number of Household have to Relocated by Land Acquisition

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 32 62 8 27 17 12 15 11 33 11 26 6 7 17 9 13 5 18 21 9 4 10 22 12 407
Communes
Total No. of HHs who are fully affected on houses
Number of affected business HH who have to relocated 1 1 0 0 1 0 3 2 0 1 0 1 0 2 2 1 1 1 3 2 0 1 2 0 25
Total HHs who have to relocated
17 26 12 0 13 8 7 0 4 18 12 28 4 15 19 6 13 4 41 22 8 24 11 7 319
3 4 2 0 5 0 0 0 0 3 2 4 0 2 3 0 2 0 6 3 0 4 2 0 45
52 92 22 27 35 20 22 11 37 32 40 38 11 34 31 19 20 22 68 34 12 38 35 19 771
Annex C
Page 34
January 2011
ANNEX D TOR for Replacement Cost Study
Annex D
Page 35
January 2011
ANNEX E Estimated Resettlement Cost for the Quang Nam section
Annex E
Page 36
January 2011
COST OF LOSS OF LAND

Number of affected HH Unit price
No
Items
Units
Quantity
Total cost (VND)
I 1
Compensation land types Agricultural land Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Forest Land Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Residental Land Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky 440 347 316 290 631 394 55 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 154 65 46 139 197 257 20 m2 m2 m2 m2 m2 m2 m2 612,145 437,378 241,307 309,710 595,836 456,119 34,128 0 59,794 448,467 97,912 863,644 215,927 15,018 74,182 19,202 20,832 73,258 60,856 87,638 11,170 54,000 36,000 38,400 36,000 36,000 30,000 66,000 36,000 21,600 8,400 28,800 21,600 16,800 48,000 600,000 360,000 288,000 216,000 360,000 192,000 456,000
254,558,427,600 106,603,300,800 33,055,830,000 15,745,608,000 9,266,188,800 11,149,560,000 21,450,096,000 13,683,570,000 2,252,448,000 30,881,686,800 0 1,291,550,400 3,767,122,800 2,819,865,600 18,654,710,400 3,627,573,600 720,864,000 117,073,440,000 44,509,200,000 6,912,720,000 5,999,616,000 15,823,728,000 21,908,160,000 16,826,496,000 5,093,520,000
Annex E
Page 37
January 2011
COST OF LOSS OF STRUCTURES

Number of affected HH
No
Items
Units
Quantity
Unit price
Total cost (VND)
II 1
Cost for Structures House Class 1 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky House Class 2 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky House Class 3 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky House Class 4 Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky
15 5 0 7 8 34 0 4 17 10 34 49 87 1 3 7 9 7 5 7 0 91 22 22 62 104 87 13
m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2
1,010 340 0 518 565 1,783 0 289 826 493 1,872 2,823 5,149 90 115 190 264 325 292 620 0 3,905 920 791 2,911 4,498 4,320 635
1,750,000 1,750,000 1,750,000 1,750,000 1,750,000 1,750,000 1,750,000 1,570,000 1,570,000 1,570,000 1,570,000 1,570,000 1,570,000 1,570,000 1,150,000 1,150,000 1,150,000 1,150,000 1,150,000 1,150,000 1,150,000 650,000 650,000 650,000 650,000 650,000 650,000 650,000
60,714,310,000 7,378,000,000 1,767,500,000 595,000,000 0 906,500,000 988,750,000 3,120,250,000 0 18,120,940,000 453,730,000 1,296,820,000 774,010,000 2,939,040,000 4,432,110,000 8,083,930,000 141,300,000 2,076,900,000 132,250,000 218,500,000 303,600,000 373,750,000 335,800,000 713,000,000 0 11,687,000,000 2,538,250,000 598,000,000 514,150,000 1,892,150,000 2,923,700,000 2,808,000,000 412,750,000
Annex E
Page 38
January 2011
No
Items
Units
Quantity
Unit price
Total cost (VND)
Temporary house Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Kitchen Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Houses for pountry Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky
20 4 2 11 3 9 0 133 55 43 121 173 224 14
m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2
696 132 76 374 104 335 0 4,445 324 93 1,570 544 942 9
350,000 200,000 250,000 300,000 250,000 300,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000
527,700,000 243,600,000 26,400,000 19,000,000 112,200,000 26,000,000 100,500,000 0 3,170,800,000 1,778,000,000 129,600,000 37,200,000 628,000,000 217,600,000 376,800,000 3,600,000 1,534,200,000 248,700,000 256,500,000 25,200,000 961,200,000 23,700,000 18,600,000 300,000 1,061,750,000 391,750,000 54,500,000 21,300,000 242,600,000 144,500,000 203,600,000 3,500,000
133 55 43 121 173 224 14
m2 m2 m2 m2 m2 m2 m2
829 855 84 3,204 79 62 1
300,000 300,000 300,000 300,000 300,000 300,000 300,000
Other structures with Fibro cement font cover Dien Ban 133 Duy Xuyen 55 Que Son 43 Thang Binh 121 Nui Thanh 173 Phu Ninh 224 Tam Ky 14
m2 m2 m2 m2 m2 m2 m2
1,567 545 142 1,213 578 1,018 14
250,000 100,000 150,000 200,000 250,000 200,000 250,000
Annex E
Page 39
January 2011
No 9
Items
Units
Quantity
Unit price
Total cost (VND) 716,940,000 73,020,000 75,300,000 19,380,000 198,000,000 120,600,000 227,580,000 3,060,000 910,400,000 146,000,000 150,600,000 57,000,000 396,000,000 57,600,000 101,800,000 1,400,000 86,580,000 14,580,000 15,060,000 6,840,000 39,600,000 3,480,000 6,120,000 900,000 13,079,500,000 2,268,000,000 2,128,000,000 882,000,000 2,712,500,000 2,418,500,000 2,450,000,000 220,500,000 363,600,000 92,700,000 36,900,000 3,600,000 100,800,000 42,300,000 84,600,000 2,700,000
10
11
12
13
Cement Playground Dien Ban 133 Duy Xuyen 55 Que Son 43 Thang Binh 121 Nui Thanh 173 Phu Ninh 224 Tam Ky 14 Brik Wall Fence Dien Ban 133 Duy Xuyen 55 Que Son 43 Thang Binh 121 Nui Thanh 173 Phu Ninh 224 Tam Ky 14 Iron Gate Dien Ban 133 Duy Xuyen 55 Que Son 43 Thang Binh 121 Nui Thanh 173 Phu Ninh 224 Tam Ky 14 Number of Grave Dien Ban 399 Duy Xuyen 165 Que Son 129 Thang Binh 363 Nui Thanh 519 Phu Ninh 672 Tam Ky 42 Number of Well Dien Ban 103 Duy Xuyen 41 Que Son 4 Thang Binh 112 Nui Thanh 47 Phu Ninh 94 Tam Ky 3
m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 Number Number Number Number Number Number Number Number Number Number Number Number Number Number
1,217 1,255 323 3,300 2,010 3,793 51 730 753 285 1,980 288 509 7 243 251 114 660 58 102 15 648 608 252 775 691 700 63 103 41 4 112 47 94 3
60,000 60,000 60,000 60,000 60,000 60,000 60,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 900,000 900,000 900,000 900,000 900,000 900,000 900,000
Annex E
Page 40
January 2011
COST OF LOSS OF CROPS AND TREES

No
Items
Units
Quantity
Unit price
Total cost (VND)
III 1
Cost for Crop and Trees Rice Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Annual crops Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Production forest trees Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Other Trees Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky
440 347 316 290 631 394 55 440 347 316 290 631 394 55
m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2
520,323 371,771 205,111 263,254 506,461 387,701 29,009 93,523 66,829 38,073 50,431 97,217 70,278 5,247
5,000 5,000 5,000 5,000 5,000 5,000 5,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000
20,678,815,300 11,418,150,000 2,601,615,000 1,858,855,000 1,025,555,000 1,316,270,000 2,532,305,000 1,938,505,000 145,045,000 6,323,970,000 1,402,845,000 1,002,435,000 571,095,000 756,465,000 1,458,255,000 1,054,170,000 78,705,000 1,105,495,300 0 38,866,100 291,503,550 63,642,800 561,368,600 140,352,550 9,761,700 1,831,200,000 319,200,000 132,000,000 103,200,000 290,400,000 415,200,000 537,600,000 33,600,000
440 347 316 290 631 394 55 154 65 46 139 197 257 20
m2 m2 m2 m2 m2 m2 m2 Number Number Number Number Number Number Number
0 59,794 448,467 97,912 863,644 215,927 15,018 1,995 825 645 1,815 2,595 3,360 210
650 650 650 650 650 650 650 160,000 160,000 160,000 160,000 160,000 160,000 160,000
Annex E
Page 41
January 2011
COST FOR RESETTLEMENT SITES DEVELOPMENT

Total No. of HHs who prefer to resettlement site Resettlement Sites Development 428 306 272 290 580 416 50
2,342
Districts
Number of Plots Required
Area of Resettlment Site Required (m2)
Unit Price (VND/m2)
Cost of Resettlement Area (VND)
IV Dien Ban Duy Xuyen Que Son Thang Binh Nui Thanh Phu Ninh Tam Ky Total
428 306 272 290 580 416 50

2,342
44,880 30,052 25,806 32,230 58,344 48,818 5,214 245,344
400,000 400,000 400,000 400,000 400,000 400,000 400,000
98,137,600,000 17,952,000,000 12,020,800,000 10,322,400,000 12,892,000,000 23,337,600,000 19,527,200,000 2,085,600,000 98,137,600,000
COST OF LOSS OF PUBLIC FACILITIES

No V Items Public facility 500KV Electric Pole 220KV Electric Pole 35KV Electric Pole 10KV Electric Pole 0.4KV Electric Pole Telephone pole Number Number Number Number Number Number 1 5 8 11 35 18 75,000,000 50,000,000 30,000,000 20,000,000 2,500,000 2,000,000 Units Quantity Unit price Total cost (VND) 908,500,000 75,000,000 250,000,000 240,000,000 220,000,000 87,500,000 36,000,000
Annex E
Page 42
January 2011
COST OF LOSS OF BUSINESSES

Materials transport Number allowance of affected Unit price Cost HH (VND/HH) Business disruption allowance Unit price (VND/HH/ 03Months) Total cost (VND) Cost
No
Items
VI
Loss of Business
NonRegistered business HHs Registered business HHs
499,000,000
16 18
2,500,000 2,500,000
40,000,000 45,000,000
9,000,000 15,000,000
144,000,000 270,000,000
184,000,000 315,000,000
COST FOR RCS (REPLACEMENT COST SURVEY)

No IX Items Replacement Cost Study Units Commune Quantity 24 Unit price (VND) 10,000,000 Total cost (VND) 240,000,000
Annex E
Page 43
January 2011
ALLOWANCES
No Items Allowances/ Assistance 1 For Impact on Residential Land Relocation Allowance Relocation within the province Relocation to another province House repairing cost in case of house/structure is partially affected House rental allowance for temporary residential purposes 364 0 Houshold Houshold 364 0 3,000,000 4,000,000 Number of affected HH 4,486 Units Quantity Unit price (VND) Total cost (VND) 581,103,826,000 34,047,600,000 1,092,000,000 0
House Repairing Cost
444
m2
51,286
600,000
30,771,600,000
House Renting Allowance
500.000/person for 6 months
364
Houshold
364
6,000,000
2,184,000,000
Impact on Agricultural Land 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
465,489,126,000
32
Person
134
7,200,000
964,800,000
Annex E
Page 44
January 2011
HH losing from 20% to 70% of agricultural land holding and not required to relocate HH losing from more than 70% of agricultural land holding and have to be relocated HH losing more than 70% of agricultural land holding HH losing from more than 70% of agricultural land holding and not required to relocate HH losing from more than 70% of agricultural land holding and not required to relocate 03 time of land price
300,000/person /month; assistance time: 6 months 300,000/person /month; assistance time: maximum in 3 years 300,000/person /month; assistance time: 1 year (12 months) 300,000/person /month; assistance time: 1 year (12 months)
1,687
Person
7,085
1,800,000
12,753,000,000
178
Person
748
10,800,000
8,078,400,000
229
Person
962
3,600,000
3,463,200,000
HH losing less than 20% of agricultural land holding
347
Person
1388
3,600,000
4,996,800,000
Assistance for changing job
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
Other Allowance
53,932,100,000
Annex E
Page 45
January 2011
Incentive Bonus House repairing cost in case of house/structure is partially affected
3,874
Houshold
3,874
5,000,000
19,370,000,000
House Repairing Cost
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
Allowance Targeted to Vulnerable Group Allowance for Vulnerable group 2,126 Person 5,527 5,000,000
27,635,000,000.00
27,635,000,000
Annex E
Page 46
January 2011
ANNEX F
TERMS OF REFERENCE (T.O.R.) OF EXTERNAL MONITORING SERVICE FOR RAP IMPLEMENTATION
Annex F
Page 47
January 2011
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 Governments Decision 412/QD-TTg of April 11, 2007. The Prime Ministers 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 NorthSouth 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 48
January 2011
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 policys 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 49
January 2011
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 50
January 2011
b.
c.
d.
e.
(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. 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. 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. 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 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 51
January 2011
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
Page 52
Annex F
January 2011
of the baseline data collected by the former external monitoring agency (Inventory of external monitoring reports for RAP implementation, Dec. 1 st 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 F
Page 53
January 2011
ANNEX G PROPOSED DMS QUESTIONNAIRE
Annex G
Page 54
January 2011
DMS QUESTIONAIRE
Da Nang Quang Ngai Expressway project ---------------------Province Identification Number
GENERAL INFORMATION OF AFFECTED HOUSEHOLD

1.
Name of households head:...................................................................................... House number:................ Street:.............................................................................. Hamlet:. Village:.. ... Commune: ...... District: Household Heads Ethnicity : ..... Family Religion : . Number of residents in the household:.......................person
2.
3.
4.
5.
6.
7.
8.
Date,......................................... Household Representative's Signature Surveyor Signature
Annex G
Page 55
January 2011
A1. SURVEY OF EXISTING BUILT STRUCTURES

Building material (Using codes below for each relevant item) Found (8) Floor (9) wall (10) Roof (11) House Class as specified in certificate (ask only Household with certificate) (12) Affected/destroyd area (m2) In ROW area (13) Total (14)
No
Structure Item Description (1)
Item code (2)
Total area (m2) (3)
Month & Year of Construction (4)
Legal status (See code below) (5)
Ownership (See code below) (6)
If rented, monthly rental (in VND) (7)
1 2 3 4 5 6 7 8 9 10 11
Application Codes:
(2) Structure Item code 1. Residential house 2. Secondary house 3. Workshop 4. Shop/Restaurant 5. Warehouse 6. Yard (cement/brick) 7. Detached Latrine (5) Legal Status (6) Ownership 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 (8-11) Buiding material
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. 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 56
January 2011
A.2 SURVEY OF EXISTING LAND

Land type (1) 1 2 3 4 5 6 7 8 9 10 11 12 Land type Code (see codes below) (2) Total area (m2) (3) Land quality classification (see codes below) (4) Legal status (see codes below) (5) Land tunure (see codes below) (6) Date of first use (month/year) (7) If rented, monthly rental (in VND) (8) Lost of area due to land acquisition (m2) (9)
No
Application Codes:
(1) Land Type code 1. Residential land 2. Agricultural land 3. Garden/orchard land 4. Water surface 5. Grave/Tomb 6. Vacant land 7. Commercial land 8. Other (4) Land classification (5) Legal status (6) Land ownership 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
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
Annex G
Page 57
January 2011
A.3 SURVEY OF CROPS AND TREE

Crop No Type of crop (1) 1 2 3 4 5 6 7 8 9 10 11 12 Crop classificatgion (see codes below) (2) Area of crop lost in ROW (m2) (3) Type of Tree (4) Fruit Trees Tree classificatgion (see codes below) (5) Number of tree lost in ROW (6) Type of Tree (7) Wood Trees Tree classificatgion (see codes below) (8) Number of tree lost in ROW (9)
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 58
January 2011
A.4 SURVEY OF BUSSINESS HOUSEHOLDS

No Type of business (1) 1 2 3 4 5 6 Manufacturing Sales Hotel/restaurant Service Land and/or house rental Other (specify) Net annual money income earned from business (VND) (2) Legal status (see codes below) (3) Number of worker (4)
Applicable codes: (3) Legal status 1. Registered business household 2. Non-registered business household
Annex G
Page 59
January 2011
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 respondents self-assessment of possible impacts).
Aspect of self-assessment Household income Employment Education of children Family integrity Strongly negative (1) Level of assessment Neutral/ no Negative Positive impact (2) (3) (4) Dont know (5)
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 60
January 2011
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 (1) 1 2 3 4 5 6 7 8 9 10 Relationship to Household head (see codes below) (2) Sex 1. Male 2. Female (3) Year of birth (4) Marital status (see codes below) (5) Highest grade of education completed (grade from 1 -12) (6) Highest skill level/tertiary education attained (see codes below) (7) Working status/ Occupation (see codes below) (8) Place of work (see codes below) (9)
Applicable codes:
(7) Highest skill level/tertiary education attained 1. None 2. Technical worker 3. Middle vocational 4. College 5. University or higher 1. 2. 3. 4. 5.
(2) Relationship to Household head 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
(5) Marital status
(8) Working status/ Occupation 6. Service 7. Government servant 8. Not working (because of old, sick, disable etc. 9. Other occupation 10. Not working, unemployed
(9) Place of work
1. Never married 2. Married 3. Divorced/separated 4. Widowed
Cultivation Husbandry/fishery Manufacturing worker Business Professionals
1. On will be affected land 2. Other place in the village 3. Elsewhere
Annex G
Page 61
January 2011
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 (1) 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) Estimated Net Monthly Income (VND) (2) Estimated Annual Income If Monthly Income is inapplicable (VND) (3)
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 1 2 3 4 5 6 Type of assets/durables/equipments Cassette/ Radio-cassette player Black white TV set Color TV set Refrigerator Electricity generator Bicycle/ cyclo Quantity No 1 2 3 4 5 6 Type of assets/durables/equipments Motorbike Boat Telephone Automobile Water pump Washing machine Quantity
Annex G
Page 62
January 2011
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
Annex G
Page 63

RP10460 V 20 REV0151 V 201 RAP0 Quang 0 Nam 1

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RP10460 V 20 REV0151 V 201 RAP0 Quang 0 Nam 1

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DA NANG QUANG NGAI EXPRESSWAY PROJECT

Public Disclosure Authorized

Volume 2- QUANG NAM SECTION

Detailed Measurement Survey (DMS)

Host community Livelihood restoration/ Improvement

Table 0.1: Schedule for key activities of RP implementation

May 2011 to December 2011

June 2011 to April 2013 June 2013

Table I-1: General technical specifications of the project

I.2 Scope of the RAP

I.2. Minimizing Land Acquisition and Resettlement Impacts

Figure I-1: The route of the project

II. LEGAL FRAMEWORK

II.1. Relevant Vietnamese Legislation

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

III.2. Eligibility to compensation and relocation assistance

III.3. Compensation Principle and Entitlement

IV. SOCIOECONOMIC CHARACTERISTICS

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

1,314 716 329 871 1,357 1,207 17 5,811

48.7 50.3 47.3 51.3 49.8 50.4 50.0 49.8

51.3 49.7 52.7 48.7 50.2 49.6 50.0 50.2

Table IV-2: Age structure of surveyed population

Less 5 years old

295 164 84 207 346 336 4 1,436

1,314 716 329 871 1,357 1,207 17 5,811

37.7 35.3 36 34 35.8 37.4 43 36.4

6.5 5.9 6.2 6.5 5.3 5.5 4.6 5.8

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

295 164 84 207 346 336 4 1,436

2.4 1.5 0.0 2.2 0.0 0.0 0.0 0.8

Table IV-4: Education Level of Surveyed DPs

Income Capita from VND 200.000 to 500,000 HHs

Income Capita with More than VND 500,000 HHs

Source: Decision No 170/2005/Q-TTg

Periodic health care check (%)

No Periodic health care check (%)

Latrine with septic tank (%)

Latrine with semi septic tank (%)

Latrine over pond or river (%)

HH with telephone (%)

HH with motorbike (%)

HH with Video Player (%)

HH with washing machine (%)

840,929 627,331 881,133 842,214 2,233,029 928,790 71,859 6,425,285

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

Loss of agricultural land (m2)

Number of HH affected by loss of Agricultural land

Households have Red book

Households have not granted with Red book

households will not be eligible to have Red book

612,145 437,378 241,307 309,710 595,836 456,119 34,128 2,686,623

440 347 316 290 631 394 55 2,473

294 239 210 204 468 269 35 1,719

265 208 190 173 379 237 33 1,485

141 111 102 93 201 125 18 791

Loss of residential land (m2)

HH affected by loss of residential land

74,182 19,202 20,832 73,258 60,856 87,638 11,170 347,138

154 65 46 139 197 257 20 878