Resettlement Plan VIE Comprehensive Socioeconomic Urban by suchenfz

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									Resettlement Plan




August 2011




VIE: Comprehensive Socioeconomic Urban
Development Project – Viet Tri, Hung Yen, and
Dong Dang
(Viet Tri)




Prepared by the Phu Tho Provincial People’s Committee for the Asian Development Bank.
                               ABBREVIATIONS

ADB      –        Asian Development Bank
CBO      –        community-based organization
CPC      –        city people’s committee
CRC      –        city resettlement committee
DMS      –        Detailed Measurement Survey
DOLISA   –        Department of Labour, War Invalids & Social Affairs
EMA      –        external monitoring agency
EMO      –        external monitoring organization (also known as Independent
                  Monitoring Organization)
ha       –        hectare
IOL      –        inventory of losses
km       –        kilometer
LURC     –        land use rights certificate
m2       –        square meter
NGO      –        non government organization
ODa      –        official development assistance
PIB      –        project information brochure
PMU      –        project management unit
PPC      –        provincial people’s committee
PRA      –        participatory rapid appraisals
PSC      –        project supervision consultant
ROW      –        right of way
SES      –        socioeconomic survey
SPS      –        Safeguard Policy Statement
VND      –        Vietnamese dong


                                        NOTE
         In this report, “$” refers to US dollars unless otherwise stated.
                                       Definition of Terms

Cut-off date        –   This refers to the date prior to which the occupation or use of the project
                        area makes residents/users of the same eligible to be categorised as
                        displaced people. The cut-off date will be determined by the City People’s
                        Committee (CPC) and formally disclosed to affected persons at the time it is
                        set in order to be effective. The conduct of the formal census and Detailed
                        Measurement Survey (DMS) should occur as close as practical to the
                        setting of the cut-off date. Persons not covered in the census are not eligible
                        for compensation and other entitlements, unless they can show proof that (i)
                        they have been inadvertently missed out during the census and the DMS; or
                        (ii) they have lawfully acquired the affected assets following completion of
                        the census and the DMS.
Displaced           –   In the context of involuntary resettlement, displaced people are those who
Persons                 are physically displaced (relocation, loss of residential land, or loss of
                        shelter) and/or economically displaced (loss of land, assets, access to
                        assets, income sources, or means of livelihood) as a result of (i) involuntary
                        expropriation of land, or (ii) involuntary restrictions on land use or on access
                        to legally designated parks and protected areas.

                        In the case of affected household, it includes all members residing under
                        one roof and operating as a single economic unit, who are adversely
                        affected by a project or any of its components.
Detailed            –   This activity involves the finalisation and/or validation of the results of the
Measurement             inventory of losses (IOL), severity of impacts, and list of displaced peoples
Survey                  earlier done during resettlement plan preparation. The final cost of
                        resettlement can be determined following completion of the DMS.
Entitlement         –   Refers to a range of measures comprising compensation, income
                        restoration support, transfer assistance, income substitution, relocation
                        support, etc. which are due to the displaced peoples, depending on the type
                        and severity of their losses, to restore their economic and social base.
Income              –   This is the re-establishment of sources of income and livelihood of the
restoration             affected households.
Inventory of        –   This is the process where all fixed assets (i.e. lands used for residence,
Losses                  commerce, agriculture, including ponds; dwelling units; stalls and shops;
                        secondary structures, such as fences, tombs, wells; trees with commercial
                        value; etc.) and sources of income and livelihood inside the Project right-of-
                        way are identified, measured, their owners identified, their exact location
                        pinpointed, and their replacement costs calculated. Additionally, the severity
                        of impact to the affected assets and the severity of impact to the livelihood
                        and productive capacity of displaced peoples will be determined.
Land acquisition    –   Refers to the process whereby an individual, household, firm or private
                        institution is compelled by a public agency to alienate all or part of the land it
                        owns or possesses to the ownership and possession of that agency for
                        public purposes in return for compensation at replacement costs.
Relocation          –   This is the physical relocation of a displaced people from her/his pre-project
                        place of residence and/or business.
Severely affected   –   This refers to affected households who will (i) lose 10% or more of their total
households              productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or
                        more of their total income sources due to the Project.
Vulnerable          –   These are distinct groups of people who might suffer disproportionately or
groups                  face the risk of being further marginalised by the effects of resettlement and
                        specifically include: (i) households headed by women with dependents, (ii)
                        disabled household heads, (iii) households falling under the generally
                        accepted indicator for poverty, (iv) children and the elderly households who
                        are landless and with no other means of support, and (v) landless
                        households, (vi) ethnic minorities.
                                                    TABLE OF CONTENTS

                                                                                                                                            Page
I.     EXECUTIVE SUMMARY                                                                                                                      1
       A.   Project Description and Rationale ....................................................................................... 1
       B.   Legal and Policy Framework ............................................................................................... 2
       C.   Project Entitlements ............................................................................................................ 3
       D.   Participation and Grievance Redress ................................................................................. 3
       E.   Income Restoration and Relocation Strategies .................................................................. 4
       F.   Institutional Arrangements .................................................................................................. 4
       G.   Monitoring and Evaluation .................................................................................................. 6
       H.   Resettlement Cost and Flow of Funds ................................................................................ 6
II.    INTRODUCTION                                                                                                                    6
       A.    Project Description and Rationale ....................................................................................... 6
       B.    Minimizing Involuntary Resettlement ................................................................................ 13
       C.    Background to the Preparation of the Resettlement Plan................................................. 13
III.   Scope of Land Acquisition and Resettlement                                                                                               14
       A.     Methodology...................................................................................................................... 14
       B.     Summary of Land Acquisition and Resettlement Impacts ................................................ 14
       C.     Impact on land................................................................................................................... 14
       D.     Impacts on Agricultural/Productive Land .......................................................................... 15
       E.     Impacts on Public Land ..................................................................................................... 16
       F.     Impacts on Residential Land and Houses ........................................................................ 16
       G.     Impacts on Secondary Structures ..................................................................................... 17
       H.     Impacts on Businesses ..................................................................................................... 18
       I.     Impacts on Communal Resources .................................................................................... 18
IV.    SocioEconomic Information and Profile                                                                                                       19
       A.     Background to the Socio-Economic Survey ..................................................................... 19
       B.     Household Demographics ................................................................................................. 19
       C.     Livelihood and Income ...................................................................................................... 20
       D.     Education .......................................................................................................................... 23
       E.     Project Impact on Livelihood ............................................................................................. 24
       F.     Vulnerable Households ..................................................................................................... 25
       G.     Issues and concerns on Resettlement .............................................................................. 26
V.     Participatory Communication Process                                                                                                  26
       A.      Objectives and Principles .................................................................................................. 26
       B.      Identification of Project Stakeholders ................................................................................ 27
       C.      Information to be Provided to Displaced Persons and Affected Communities ................. 27
       D.      Means of Implementing the Communication Strategy ...................................................... 27
       E.      Specific Consultation Matters ........................................................................................... 28
       F.      Consultation Activities Undertaken during Preparation of the resettlement plan ............. 28
       G.      Summary of Issues and Concerns .................................................................................... 29
       H.      Disclosure of the Draft Resettlement Plan ........................................................................ 30
       I.      Disclosure of the Updated Resettlement Plan .................................................................. 30
       J.      Planned Consultation and Disclosure Measures .............................................................. 30
VI.    Grievance Redress Mechanisms                                                                                                              32
VII.   RESETTLEMENT POLICIES                                                                                                           33
       A.   Government of Vietnam’s Policies on Land Acquisition and Resettlement ...................... 33
       B.   ADB Safeguard Policy Statement ..................................................................................... 35
       C.   Mainstreaming Gender ..................................................................................................... 35
          D.         Reconciliation of Government and ADB Policy on Resettlement ..................................... 36
          E.         Project Policies .................................................................................................................. 39
          F.         Principles for Valuation ..................................................................................................... 39
VIII.     Entitlements, Assistance and Benefits                                                                                                     40
          A.      Entitled Persons ................................................................................................................ 40
          B.      Entitlement Matrix ............................................................................................................. 40
IX.       RESETTLEMENT IMPLEMENTATION STRATEGY                                                                                               48
          A.   Options on Resettlement .................................................................................................. 48
          B.   Transitional Relocation Assistance ................................................................................... 48
          C.   Temporary Impacts ........................................................................................................... 49
          D.   Unforeseen Impacts .......................................................................................................... 49
X.        Income Restoration and Rehabilitation                                                                                                50
          A.     Objective and Eligibility for Income Restoration Assistance ............................................. 50
          B.     Livelihood Support Intervention Measures ....................................................................... 50
          C.     Agricultural Enhancement Program .................................................................................. 51
          D.     Transitional Stabilization Assistance................................................................................. 52
          E.     Skills Training Program ..................................................................................................... 52
          F.     Special Measures to Support Vulnerable Groups ............................................................. 52
XI.       Resettlement Budget                                                                                                            52
          A.      Resettlement Budget Estimate ......................................................................................... 52
XII.      Institutional Arrangements                                                                                                           63
          A.        The City People’s Committee (CPC) ................................................................................ 63
          B.        Project Management Unit (PMU) ...................................................................................... 63
          C.        Resettlement Committee .................................................................................................. 63
          D.        Relevant Provincial Government Line Agencies ............................................................... 63
          E.        Local Administrative Authorities ........................................................................................ 64
          F.        Local Mass Organisations ................................................................................................. 64
          G.        Project Supervision Consultants (PSC) ............................................................................ 64
XIII.     Implementation Schedule                                                                                                                      65
XIV.      Monitoring and Reporting                                                                                                                 67
          A.      Internal Monitoring ............................................................................................................ 67
          B.      External Monitoring and Evaluation .................................................................................. 69

Appendixes
Appendix 1.1:              Minimization Options                                                                                                       72
Appendix 2.1:              Socioeconomic Survey Questionnaire                                                                                         73
Appendix 2.2:              Inventory of Losses                                                                                                        74
Appendix 2.3:              Master List of Displaced People                                                                                            81
Appendix 2.4:              Estimated Replacement Costs                                                                                                89
Appendix 2.5:              Minutes of Consultation Meetings/Attendance                                                                                90
Appendix 2.6:              Public Information Booklet Outline                                                                                        101
Appendix 2.7:              Terms of Reference Replacement Cost Study                                                                                 105

List of Tables
Table I.1: Land Requirement of Sub-projects in Viet Tri city…………………………………………………. 2
Table I.2: Summary of Resettlement Impacts…………………………………………………………………. 2
Table I.3: Resettlement Implementation Schedule……………………………………………………………. 5
Table II.1: Land Requirements for Viet Tri Components .............................................................................. 8
Table III.1: Involuntary Resettlement Impacts on Affected Displaced People’s Households ..................... 14
Table III.2: Summary Impacts on Private and Public Land by Component ................................................ 15
Table III.3: Categories of Impacted Privately Owned Land by Component and Location .......................... 15
Table III.4: Distribution of Severity of Loss of Privately Owned Productive Land ....................................... 16
Table III.5: Impacts on Residential Land by Commune .............................................................................. 16
Table III.6: Impacts on Residential Houses by Location, Category and Households ................................. 17
Table III.7: Impacts on Secondary Structures by Component and Location .............................................. 17
Table III.8: Project Level Impact on Commune Owned Land Leased for ................................................... 18
Table III.9: Impact of Loss of Commune Owned Land Leased for Agricultural Production by Affected
    Ward/Commune .................................................................................................................................. 19
Table IV.1: Sample Household Size per Commune ................................................................................... 19
Table IV.2: Sex Disaggregated Household Demographics ........................................................................ 20
Table IV.3: Sex Disaggregated Data of Engagement in Remunerated Work............................................. 20
Table IV.4: Remunerated Work by Category and Location ........................................................................ 21
Table IV.5: Participation in Remunerated Work by Working Status, Sex and Location ............................. 21
Table IV.6: Household Monthly Per Capita Income Rangers ..................................................................... 22
Table IV.7: Sanitation (% of Households) ................................................................................................... 22
Table IV.8: Energy for Lighting and Cooking (% Households) ................................................................... 22
Table IV.9: Water sources for Drinking and Cooking (% Households) ....................................................... 22
Table IV.10: Affected Residential Structures by Category .......................................................................... 23
Table IV.11: Individuals 16–24 years of Age in Full Time Education ......................................................... 24
Table IV.12: Distribution of Severity of Loss of Privately Owned Productive Land .................................... 24
Table IV.13: Impact of Loss of Commune Owned Land Leased for ........................................................... 25
Table V.1: Attendance at Displaced People Consultation Meetings, March 2011 ..................................... 29
Table V.2: Displaced People Level of Support for the Project (Individual Attendees) ................................ 29
Table V.3: Planned Consultation Activities Disclosure Measures .............................................................. 31
Table VII.1: Gaps between Government Legislation and ADB Policies and Gap Filling Measures ........... 37
Table VIII.1: Entitlement Matrix ................................................................................................................... 41
Table IX.1: Subsistence Allowance Rates .................................................................................................. 49
Table XI.1: Resettlement Budget Estimate ................................................................................................. 53
TableXI.2: Direct Resettlement Cost Estimates for Phu Dong Road Component ...................................... 55
Table XI.3: Direct Resettlement Cost Estimates - Phu Dong Road Component ........................................ 58
Table XI.4: Direct Resettlement Cost Estimates for Thuy Van Road Component...................................... 62
Table XIII.1: Resettlement Activity Schedule .............................................................................................. 67
Table XIV.1 Monitoring and Evaluation Indicators ...................................................................................... 71

Figure 1: Typical Cross Section VT1/VT2 first sections                                                                                              9
Figure 2: Typical Cross Section VT2 second section                                                                                                 10
Figure 3: Typical Cross Section VT1 second section                                                                                                 11
Figure 4: Typical Cross Section VT3                                                                                                                12
Figure 5: Education Attachment of Household Members                                                                                                23
                              I.       EXECUTIVE SUMMARY

A.     Project Description and Rationale

1.    The proposed sub-projects in Viet Tri City include the following roads: Phu Dong Road,
Truong Chinh Road and Thuy Van Road.

       VT.1   Phu Dong Road

       This road aims to connect the urban areas to Noi Bai Lao Cai Expressway. The road is
       currently under construction requiring additional financing for its development. Total
       length of road from connection with Truong Chinh Road to provincial road is 3.6
       kilometers (km) with 2x3 lanes, including a pavement and middle road up to 60 meters
       (m) (refer to map 1). A portion of the road (0.5 km) from PPC road is also under
       construction which is included in the proposal. The road is four lanes, having a width of
       50 m (refer to map 3).

       VT.2   Truong Chin Road

              VT2.a Phu Dong road – National Dyke

              The first section connects Phu Dong Road to National Dyke. Total length is 1.1
              km with 2x3 lanes, 60 m wide with middle strip and pavement (refer to map 1).

              VT2.b Phu Dong Road to National Road 2

              The second section connects Phu Dong Road to National Road (NR) 2 (Thuy
              Van Industrial Park. Total length is 3.3 km comprising of 2x2 lanes with middle
              strip. Total width is 50 m (refer to map 2).

       VT.3   Thuy Van Industrial Zone

              VT3a: New road to NR 2

              This is a new road that will connect to NR 2/Thuy Van Industrial Zone to facilitate
              easy mobility and access to industrial areas. Total length is 1.9 km with 2x2 lanes
              without middle strip. Width is 40 m (refer to map 4).

              VT3b: Thuy Van Industrial Zone and bridge within Thuy Van Industrial Zone

              This road will connect Thuy Van Industrial Zone and bridge. Total length is 2.0
              km road 2x2 lanes without middle strip. Total width is 40 m (refer to map 4).

              VT3c: Thuy Van Industrial Zone: Connection from Thuy Van to southern dyke

              This road is a 2.6 km road with 2x2 lanes without middle strip. Width is 40 m
              (refer to map 4).

2.       Overall, the proposed roads are intended to provide improved network and facility to
facilitate mobility and access to basic resources. The City People's Committee (CPC) of Viet Tri
2


City is the executing agency of the proposed project. The subprojects are proposed for funding
from the Asian Development Bank (ADB), and have therefore to fully comply with the ADB
safeguard policies.

3.     A total of 732,000 square meters (m2) of land will be required for the subprojects. Of this,
241,000 m2 belong to Phu Dong road, 231,000 m2 belong to Truong Chinh road and 260,000 m2
to Thuy Van road. An aggregate area of 443,515.65 m2 belongs to private land. The remaining
246,366.65 m2 belong to public land comprising of irrigation, road and agricultural land.

                   Table I.1: Land Requirement of Sub-projects in Viet Tri city
                                                                       Length   Width
                                                                                                   2
  Code                     Sub-Project/Commune                          (km)     (m)    Total (m )
 VT1       Phu Dong Road                                                                 241,000
   VT1a    Phu Dong Road                                                 3.6     60      216,000
   VT1b    Additional road                                               0.5     50       25,000
 VT2       Truong Chin Road                                                              231,000
   VT2a    First Section                                                 1.1     60       66,000
   VT2b    Second Section                                                3.3     50      165,000
 VT3       Thuy Van Industrial Zone                                                      260,000
   VT3a    Thuy Van Industrial Zone –New Road 2                          1.9     40       76,000
   VT3b    Thuy Van Industrial Zone/bridge- Industrial Zone              2.0     40       80,000
   VT3c    Thuy Van Industrial Zone –South Dyke                          2.6     40      104,000
                                                      Total Viet Tri    15.0             732,000
                            2
km = kilometer, m = meter, m = square meter, VT = Viet Tri

                            Table I.2: Summary of Resettlement Impacts
                                                     Displaced People’s Households
                                                                            From Leased
                                                                 Losing      Agricultural
                                                                Privately- Land-Owned by
                    Affected                         Losing      Owned        Commune
                    Houses         Required to     Residential Agricultural    People’s
Component         (partial/full)    Relocate          Land      Land Only    Committees    Total
Truong Chinh           94              48              155         280           157        592
Phu Dong               22               7               29         491           168        688
Thuy Van                0               0                0         120           323        443
Total                 116              55              184         891           648      1,723

4.       A total of 1723 households will be affected by the Project. Of this, 55 will be relocated
who would lose their housing structures and residential land. Another 129 households will
experience marginally loss of residential land but will not be relocated. Another 891 households
will lose privately owned agricultural/productive land only. In addition there are an estimated 648
households which will be displaced from a portion of commune owned agricultural land which
they lease.

5.       There are two categories of affected structures. Category 4 has an aggregate area of
5152 m2 and Category 3 has an aggregate area of 4,194 m2. These structures belong to 55
households that will be relocated and a portion of structures belonging to 129 households with
partially affected structures.

B.      Legal and Policy Framework

6.      The land acquisition, compensation and rehabilitation of project affected household will
                                                                                                    3


be governed by the National laws, and of the ADB’s Policy Social Protection Statement and
Policy on Involuntary Resettlement (1995). The policy of the Government of Vietnam
(Government) 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 ADB standards on involuntary resettlement.

7.      The Project Compensation and Resettlement policy are guided by the following
principles: (i) land acquisition should be minimized as much as possible, (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 or at least in better condition as they would have been before the
project took place.

8.      The cut-off date of this project will be determined by the CPC in consultation with the
Resettlement Committee and project management unit (PMU) and formally disclosed to affected
persons at the time it is set in order to be effective. The conduct of the formal census and
Detailed Measurement Survey (DMS) should occur as close as practical to the setting of the
cut-off date. Persons not covered in the census are not eligible for compensation and other
entitlements, unless they can show proof that (i) they have been inadvertently missed out during
the census and the DMS; or (ii) they have lawfully acquired the affected assets following
completion of the census and the DMS.

C.     Project Entitlements

9.      A fundamental objective of the Project resettlement policy is to replace and compensate
lost assets based on the principle of replacement cost. Compensation and various forms of
assistance will be provided and income restoration programs, as needed, will be put in place
prior to the displacement of displaced peoples from their houses, land, and other assets, in a
way that will ensure that their standards of living are at least restored to their pre-project levels,
and that those in the category of vulnerable groups (such as poor households, ethnic minority
households, etc.) are assisted to help improve their socioeconomic status. In addition to
compensation at replacement cost, DPs will receive additional entitlements, incentives and
assistance for PAPs that will lose their land and other assets.

D.     Participation and Grievance Redress

10.     Two rounds of public consultation meetings were done participated by various
stakeholders comprising of local officials, affected households, women, youth, and business
sectors. Various approaches were utilized in participatory process which included key
informant’s meeting, structured survey of households and informal group meetings. Keeping
the displaced peoples informed and getting them involved will continue during the updating and
implementation of the resettlement plan consistent with the project’s participatory approach. A
grievance redress mechanism has been designed to ensure that the complaints and grievances
of PAPs are addressed and resolved in a timely and satisfactory manner. A grievance
Committee will be established also in the communes where grievances can be dealt with more
effectively by local people tasked to address the issues and concerns of affected households.
After project approval, when the resettlement plan has been approved, a Public Information
Booklet (PIB) will be prepared for dissemination to affected households on their rights and
entitlement. The resettlement plan will be disclosed and be made available to the communes
where affected households can have access to examine its contents.
4


E.     Income Restoration and Relocation Strategies

11.     Displaced people losing 10% or more of their productive assets and income sources will
participate in an income restoration program that will developed as a collective effort of the
displaced peoples, the executing agency, the relevant people’s committees, and the consultants
during the updating of the resettlement plan following the approval of the project.

12.     Displaced people losing entire houses are provided with cash compensation for housing
structure and land at replacement cost. Additional benefits will include transport cost, removal
cost, rehabilitation assistance, etc. as provided in Decision 3995/2009/QD-UBND.

13.     Other displaced peoples with partially affected houses and/or land, productive assets will
also receive cash compensation for their affected property, productive asset or residential land.
All displaced peoples who will lose agricultural land will be provided with incentives and
bonuses as additional benefits as provided in the project policy In Viet Tri, the rehabilitation
assistance is 1.5 times the value of land to compensate to assist in livelihood restoration. The
displaced peoples will not be displaced until after they have received in full the compensation
and applicable allowances due to them and allowed sufficient time (minimum 3 months) in order
to arrange alternative settlement.

14.     Examining the distribution of severity of loss of productive land, it can be observed that
overall more than half of displaced people’s households who will lose productive land will not
experience a severe loss – that is 54% will lose less than 10% of their farming land. Having said
this, there another two comments worthy of note. First, Thuy Van ward will see 83% of its
displaced people’s households experiencing severe loss of more than 10% of their productive
land holdings. Second, the commune with largest number of displaced people’s households
losing productive land is Phung Lao commune where 323 households will be impacted by the
land acquisition for Phu Dong road. Similarly, displaced peoples living in Phung Lao Commune
will loss of another source for income and food with the loss of 31,751 m2 of land utilized for
aquaculture.

F.     Institutional Arrangements

15.      The CPC is the executing agency for Viet Tri projects with the Ministry of Planning as
facilitator. The executing agency is overall responsible for the satisfactory implementation of
resettlement. A Social and Resettlement Unit in the executing agency/PMU will be organized to
collaborate with the city and district resettlement committees that the CPC of Viet Tri n will set
up following approval of the subprojects.

16.     The city and district resettlement committees, with guidance from the resettlement
specialist of the project supervision consultant (PSC), will spearhead the updating of the draft
resettlement plan. Said resettlement committees will likewise spearhead its implementation. The
Vice Chairman of the City and District People’s Committees (DPCs) heads the resettlement
committees. Members come from various departments and representatives of local
organizations, including the displaced peoples.

17.    The Project consultants will assist the executing agency and the resettlement
committees in ensuring that the draft resettlement plan is prepared and implemented according
to the project resettlement policy approved by the Government and the ADB. For this reason,
the consultants will provide the necessary training and capacity-building interventions to the
executing agency, the city and district resettlement committees.
                                                                                                      5




18.     Updating of the draft resettlement plan will commence following approval of detailed
engineering design. An Independent Appraiser will be hired by the executing agency to conduct
detailed assessment on replacement cost which will be used for compensation. The executing
agency will submit the draft updated resettlement plan to the ADB for review and approval.
Displacement of people from land, other assets, and sources of income and livelihood cannot
commence until the updated resettlement plan has been reviewed and approved by the ADB
Bank. Moreover, construction activities in a specific section of the proposed sub-projects cannot
begin until compensation payment and relocation to new sites, as needed, for displaced peoples
in said section have been satisfactorily completed, agreed rehabilitation assistance is in place,
and that said section is free of all encumbrances. Below is an indicative schedule of the
updating and implementation of the resettlement plan.

                       Table I.3: Resettlement Implementation Schedule
Activity                                                                                 Timing
Establishment of Resettlement Committee and Grievance Redress Committee (at              Month 2
city/provincial level)
Confirmation of alignment and land acquisition boundaries                                Month 6
Land acquisition demarcation                                                             Month 7
Consultations with key stakeholders, local People’s Committees and civil society         Month 7
Mass Organizations. Establish Resettlement Redress Mechanism at
Ward/Commune Level.
Resettlement Plan Updating
Review and update Entitlement Matrix                                                     Month 7
Confirmation of resettlement site preparation arrangements                               Month 7
Mobilization of EMA                                                                      Month 7
Train resettlement staff                                                                 Month 8
Engagement of EMA                                                                        Month 8
Information campaigns before DMS                                                         Month 8
Conduct Census/DMS/SES                                                                   Month 9
Conduct replacement cost study by qualified appraiser                                    Month 9
Preparation of compensation plan                                                         Month 10
Conduct consultations                                                                    Month 10
Update the resettlement plan document                                                    Month 11
Updated resettlement plan endorsed by executing agency and submitted to ADB for          Month 12
review and concurrence
ADB provides concurrence to updated resettlement plan. Updated resettlement              Month 13
plan disclosed to displaced peoples and uploaded on ADB website
Disbursement of compensation and assistance, as well as commencement of                  Month 14
income restoration strategy,
Resettlement and land clearance                                                          Month 17
ADB issues notice of “no objection” to commencement of civil works. Issuance of          Month 18
notice to proceed for civil works
Grievance redress mechanism operation                                                  Month 2–60
Implementation of income restoration program                                           Month 14–60
Internal monitoring (quarterly)                                                        Month 7–60
External Monitoring (semi-annually)                                                    Month 7–60
Uploading of external monitoring reports to ADB website                                Month 6–60
Post-resettlement evaluation by External Monitor                                        Month 60
ADB = Asian Development Bank, DMS = detailed measurement survey, EMA = external monitoring agency, SES =
socioeconomic survey.
6


G.        Monitoring and Evaluation

19.      The executing agency will be responsible for internal monitoring of resettlement
activities, ensuring that the draft resettlement plan is updated and implemented according to the
approved project resettlement policy. The results of internal monitoring will be included in the
monthly progress reports the executing agency will submit to the ADB. The executing agency
will engage the services of an external monitoring organization (EMO) at the start of updating of
the resettlement plan. The EMO will submit an inception report one month following its
mobilization and quarterly reports on the updating and implementation of the draft resettlement
plan. The external monitoring agency (EMA) will suggest corrective measures for any problems
it identifies. The EMO will likewise conduct a Post-resettlement Evaluation Study 6–12 months
after the completion of resettlement plan implementation.

H.        Resettlement Cost and Flow of Funds

20.     The total resettlement costs for 1,723 households is estimated at VND 268,104,310,953
(approximately $13,405,216). The cost of resettlement will be finalized following the updating of
the resettlement plan based on replacement cost following approval of the sub–projects.
Overall, the costs include compensation and allowances, design and implementation of income
restoration programs, operational/ administration expenses, internal and external monitoring
and contingencies and cost of independent appraiser. The executing agency will provide the
funds for resettlement in a timely manner. Funds for resettlement will be coursed through the
City resettlement committee and its counterpart in the districts. Payment of compensation and
allowances will be given to the displaced peoples in the office of the commune.

                                          II.         INTRODUCTION

A.        Project Description and Rationale

21.     The Vietnam Comprehensive Socio-Economic Urban Development Project – Viet Tri,
Hung Yen and Dong Dang aims to develop Viet Tri, Hung Yen, and Dong Dang to complement
Hanoi as northern Vietnam's economic centers and to contribute to the transformation of the
North-South economic corridor (NSEC) from transport corridor to full-fledged economic corridor.
The planned outcome of the project is improved urban infrastructure and municipal services in
the project cities through investing in urban infrastructure construction and upgrading, and
strengthening local governments' urban management capacities. The three project urban areas,
(Viet Tri, Phu Tho province; Hung Yen, Hung Yen province; and Dong Dang, Lang Son province)
are located along the NSEC outside Hanoi, and classified as secondary cities and towns in
northern Vietnam.

22.    Viet Tri has a good potential to be a logistics hub in northern Vietnam. It is the capital of
Phu Tho province and located about 84 kilometer (km) to the north-west of Hanoi just outside
the administrative border of Greater Hanoi.1 Viet Tri has sound access to various transport
modes. Three rivers (Red River, Da River, and Lo River) meet at Viet Tri where they merge into
Red River flowing to Hanoi. The city is located on the railway and expressway connecting the
Noi Bai international airport and Lao Cai, a border town with People’s Republic of China.
Distance from the Noi Bai international airport to Viet Tri is about 50 km. Strategic planning and
investments in public infrastructure development and municipal service improvement is

1
    Administrative area of Hanoi was substantially expanded to include the entire Ha Tay Province and Me Linh District
    of Vinh Phuc Province.
                                                                                                7


inevitable for Viet Tri to grow as a regional logistics hub to serve for efficient distribution of
goods. Project components for Viet Tri City include the following:

       (i)     Viet Tri urban roads. The project will complete the western part of the city ring
               road from the northern dyke road to the southern dyke road which accounts for
               about one-third of the total ring road, and build a new road from the Noi Bai-Lao
               Cai expressway to the city center. The new and improved roads will improve
               connections between the Noi Bai–Lao Cai expressway, Thuy Van Industrial
               Zone, and city center, as well as reduce traffic congestions in the central area by
               diverting the traffic from the National Road 2 to the city ring road. This
               component will include (a) Phu Dong Road (4.1 km connecting Noi Bai–Lao Cai
               expressway with the city center), (b) north-west section of the city ring road (4.4
               km of Truong Chinh Road from the northern dyke road to Thuy Van Industrial
               Zone through Phu Dong Road), and (c) south-west section of the city ring road
               (6.5 km from Thuy Van Industrial Zone to the southern dyke). Overall, the
               proposed roads are intended to provide improved network and facility to facilitate
               mobility and access to basic resources.

       (ii)    Viet Tri solid waste management. The project will provide fleet and equipment
               for solid waste collection and transfer. This component will help expand the
               coverage of solid waste collection from households and transport them to the
               dump site by increasing the current collection volume of 120 tons/day to 150
               tons/day.

23.    Land acquisition for the project in Viet Tri will only be required for the road components.
The solid waste management component will be limited to the provision of equipment and
capacity development with no impacts on land. Solid waste disposal will rely on existing landfills
which are not associated with the project.

24.    The dimensions and land requirements for the urban road components in Viet Tri are
presented below:

       (i)     VT1    Phu Dong Road

               This road aims to connect the urban areas to Noi Bai-Lao Cai Expressway. The
               road is currently under construction requiring additional financing for its
               development. Total length of road from connection with Truong Chinh Road to
               PPC road is 3.6 km with 2x3 lanes, including a pavement and middle road up to
               60 m (map 1). A portion of the road (0.5 km) from PPC road is also under
               construction which is included in the proposal. The road is four lanes, having a
               width of 50 m (map 3).

       (ii)    VT2    Truong Chin Road

               VT2a Phu Dong road –National Dyke
               The first section connects Phu Dong Road to National Dyke. Total length is 1.1
               km with 2x3 lanes, 60 m wide with middle strip and pavement (map 1).

               VT2b Phu Dong Road to NR2
8


                 The second section connects Phu Dong Road to NR2 (Thuy Van Industrial Park.
                 Total length is 3.3 km comprising of 2x2 lanes with middle strip. Total width is 50
                 m (map 2).

         (iii)   VT3: Thuy Van Industrial Zone

                 VT3a New road-NR2
                 This is a new road that will connect to NR2/Thuy Van Industrial Zone to facilitate
                 easy mobility and access to industrial areas. Total length is 1.9 km with 2x2 lanes
                 without middle strip. Width is 40 m (map 4).

                 VT3b Thuy Van Industrial Zone and bridge within Thuy Van Industrial Zone
                 This road will connect Thuy Van Industrial Zone and bridge. Total length is 2.0
                 km, 2x2 lanes without middle strip. Total width is 40 m (map 4).

                 VT3c Thuy Van Industrial Zone: Connection from Thuy Van to southern dyke.
                 This road is a 2.6 km road with 2x2 lanes without middle strip. Width is 40 m
                 (map 4).

25.    A total of 732,000 m2 of land will be required for the sub projects. Of this, 241,000 m2
belong to Phu Dong road, 231,000 m2 belong to Truong Chinh road and 260,000 m2 to Thuy
Van road. An aggregate area of 443,515.65 m2 belongs to private land. The remaining
246,366.65 m2 belong to public land comprising of irrigation, road and agricultural land.

                     Table II.1: Land Requirements for Viet Tri Components
                                                                   Length    Width
                                                                                                2
     Code                    Subproject/Commune                     (km)      (m)       Total (m )
    VT1        Phu Dong Road                                                             241,000
      VT1a Phu Dong Road                                              3.6      60        216,000
      VT1b Additional road                                            0.5      50         25,000
    VT2        Truong Chin Rd                                                            231,000
      VT2 a First Section                                             1.1      60         66,000
    VT2b       Second Section                                         3.3      50        165,000
    VT3        Thuy Van Industrial Zone                                                  260,000
      VT3a Thuy Van Industrial Zone–NR2                               1.9      40         76,000
      VT3b Thuy Van Industrial Zone/bridge-Industrial Zone            2.0      40         80,000
      VT3c Thuy Van Industrial Zone–South Dyke                        2.6      40        104,000
    Total Viet Tri                                         15.0               732,000
                            2
km = kilometer, m = meter, m = square meter, VT = Viet Tri.

26.      Typical cross sections of the proposed roads are presented in Figures 1 to 4.
                               MAP 1. Sub-component VT1/VT2 first sections – Urban road

Cross section used for estimate of the land acquisition required – 60m width shared out into:
o 2x14.75m carriage way
o 2x6m pavement
o 6.5m middle strip
o 2x6m earth filling




                              Figure 1: Typical Cross Section VT1/VT2 first sections




                                                                                                9
                               MAP 2. Sub-component VT2 second sections – Urban road

Cross section used for estimate of the land acquisition required – 50 m width shared out into:
o 2x1 m carriage way
o 2x6 m pavement
o 4 m middle strip
o 2x6 m earth filling




                               Figure 2: Typical Cross Section VT2 second section
                               MAP 3. Sub-component VT1 second section – Urban road

Cross section used for estimate of the land acquisition required – 50,0m (49.7m rounded) width shared out into:
o 2x1 m carriage way
o 2x6 m pavement
o 2x12 m (2x11.9m rounded) earth filling including buffer zone for extension of carriage way and pavement (urban area)




                              Figure 3: Typical Cross Section VT1 second section




                                                                                                                         11
                                                                                                                  12
                                       MAP 4. Sub-component VT3– Urban road

Cross section used for estimate of the land acquisition required – 40 m (39.7m rounded) width shared out into:
o 16 m carriage way
o 2x5 m pavement
o 2x7 m (2x6.9 rounded) earth filling including buffer zone for extension of the carriage way (industrial area)




                                        Figure 4: Typical Cross Section VT3
                                                                                                  13


B.     Minimizing Involuntary Resettlement

27.     Efforts to minimize displacement were carefully considered in the alignment selection for
the proposed roads. For example, in Truong Chinh road, the original design proposed by the
PMU for the expansion of Truong Chinh Road would cause the physical displacement of over
50 households. An alternative alignment option (Annex 1.1) was explored to minimize
resettlement by deviating towards the south. However, an assessment with the ADB on this
design showed that such an alternative alignment would affect a high voltage transmitter as well
as adversely impact the overall aesthetics of the area. In addition, even if fewer households
would be resettled with the proposed alternative design, the overall land acquisition as well as
project costs would be significantly greater due to the additional road length that would be
needed in order to connect the road with the city ring road. Likewise, from an urban system
point of view, any alternative route is unsatisfactory compared to the one proposed by the CPC.
Thus, the original design of the PMU was kept.

28.    Alternative options and alignments to minimize resettlement impacts were likewise
examined for the other proposed roads such as Phu Dong Road and Thuy Van Road. However,
no viable alternative routes could be identified that would cause less resettlement impacts.

29.     During detailed design and prior to finalizing the updated resettlement plan, the
alignments and road designs will be further reviewed to ensure an optimum balance between
viable project design and minimized resettlement impacts. The detailed design activities will be
particularly pertinent in terms of defining the final width of the road cross section and corridor of
impact as width of the road foundation will be heavily dependent on the final height required for
the road.

C.     Background to the Preparation of the Resettlement Plan

30.     The social assessment undertaken revealed that there are families, establishments and
productive land that will be affected by the proposed urban road. The policies of both the
Government and ADB require that for development project involving resettlement, a draft
resettlement plan is to be prepared at the feasibility stage (or project preparation stage) which is
to be updated at the detailed design stage prior to implementation.

31.    This draft resettlement plan iterates the physical and socio-economic impacts resulting
from the proposed land acquisition and presents mitigation measures to restore, if not improve,
the material conditions and standards of livings of those affected as well as provide a means for
their meaningful consultation and participation in the process.

32.     The draft resettlement plan draws on the following bases of policies and legislation as
well as sources of information:

       (i)     Government’s policies on land acquisition and compensation;
       (ii)    ADB’s Safeguard Policy Statement (SPS, 2009) and other related policies;
       (iii)   Socioeconomic Survey (SES) of Affected Families, February 2011;
       (iv)    Inventory of Losses (IOL), February 2011;
       (v)     Results of consultations and focus group discussions.
14


             III.         SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A.     Methodology

33.    An IOL and census was conducted over the period 10–12 March 2011 to identify the
magnitude of resettlement impacts simultaneously with a SES. The IOL obtained information on
names of displaced peoples and all assets that are within the corridor of impact including
productive and residential land, housing structures, business establishments, crops and other
secondary structures (fences, wells, etc.).

34.    Several methods were used to obtain the IOL. The basis of the IOL methodology was to
overlay the project design drawings over local cadastral maps followed by visual surveys and
measurement of the affected areas. An IOL survey questionnaire (Appendix 2.2) was conducted
with each affected household (100% sample) for the wastewater and university road
components. A master list of affected households and inventory of lost assets is presented as a
separate volume accompanying this document (Appendix 2.3).

35.    Information gathered through the IOL and SES were encoded, entered into electronic
storage and analysed using social statistical software from which a data base on the IOL was
produced.

B.     Summary of Land Acquisition and Resettlement Impacts

36.     The IOL revealed that an estimated total of 1,723 households will be displaced by the
land acquisition of the project. A total of 116 households will experience the loss of house
structures (either fully or partially) and a total of 184 households will lose residential land. Of
those losing housing and residential land, a total of 55 will be required to relocate. While the
others affected by loss of housing/residential land will have remaining viable land upon which to
rebuild of repair their affected residences. There is a total of 891 households who will
experience loss of privately owned productive agricultural land only. An estimated 648
households will be displaced from a portion of commune owned agricultural land which most
lease from the Commune People’s Committee on a long term basis.

Table III.1: Involuntary Resettlement Impacts on Affected Displaced People’s Households
                                                    Displaced People’s Households
                                                                             From Leased
                                                                           Agricultural Land
                                                               Losing         Owned by
                      Affected     Required   Losing      Privately-Owned     Commune
                      Houses          to    Residential     Agricultural       People’s
Component           (partial/full) Relocate    Land          Land Only        Committee        Total
Truong Chinh             94           48        155              280              157           592
Phu Dong                 22            7         29              491              168           688
Thuy Van                  0            0          0              120              323           443
Total                   116           55        184              891              648          1723

C.     Impact on land

37.      The total land requirement for the project is 732,000 m2. Of this, 443,515 m2 (61% of
total) is privately owned land and 288,485 m2 is publically owned land. The publically owned
land consists of 42,119 m2 public easements for irrigation and roads, and 246,367 m2 of
                                                                                                                 15


agricultural land which is under use as agricultural cooperative land. Of the total 443,515 m2 of
affected private land, 195,666 (44%) belongs to displaced people in the Troung Chinh road
area, 196,090 m2 (44%) belongs to those residing in the Phu Dong road area, and 51,758 m2
(12%) belongs to those in the Thuy Van Road area . A summary of impacts on public and
private land by component is present in Table III.2 below.

           Table III.2: Summary Impacts on Private and Public Land by Component
                                                                                                     2
                                             Affected                  Affected Public Land (m )
                            Required       Private Land      Total Affected Irrigation and Agricultural
                                    2             2
 Sub project                Land (m )          (m )           Public Land         roads          Land
 Viet Tri                    732,000         443,514           288,485           42,118         246,366
 Truong Chinh Road           231,000         195,666            35,334           15,302          20,031
 Phu Dong Road               241,000         196,090            44,909           26,816          18,093
 Thuy Van Rd                 260,000          51,758           208,242                 0        208,242
     2
 m = square meter.
 Note: Required Land =Affected Private Land + Total Affected Public Land; Total Affected Public Land = Irrigation &
 Roads + Agricultural Land

D.       Impacts on Agricultural/Productive Land

38.     The overwhelming majority of affected private land is annual cropping land (principally
paddy), followed by residential land, and aquaculture land. Less than 4% is classed as
production forest or perennial (orchard) land. The affected private land by category is presented
in the table below.

  Table III.3: Categories of Impacted Privately Owned Land by Component and Location
                                                   Annual
Component and Ward/                               Cropping        Aqua-
Commune                    Residential             (Paddy)       culture   Forest Perennial                Total
Truong Chinh Road Subtotal  53,698.9              102,349.9      23,391.8 13,799.1 2,426.0               195,665.7
Van Phu                      5,238.8                   655.1                                               58,93.9
Kim Duc                     20,942.7                11,267.0                               1,852.0        34,061.7
Phuong Lau                  22,717.2                77,758.6     23,391.8  3,068.5           574.0       127,510.1
Hung Lo                      4,800.2                12,669.2          0.0 10,730.6                        28,200.0
Phu Dong Road Subtotal      23,094.8              164,636.2       8,359.6                                196,090.6
Duu Lao                     22,962.2                58,702.2      8,359.6                                 90,024.0
Phung Lao                      132.6              105,934.0                                              106,066.6
Thuy Van Road Subtotal           0.0                51,758.0                                              51,758.0
Total Viet Tri              76,793.7              318,744.1      31,751.4 13,799.1         2,426.3       443,514.6
Percentage                      17.0                    71.0          9.0      3.0             1.0         1,000.0

39.     A total of 891 households will be affected by the loss of productive land. Affected
productive land comprises mainly annual cropping land/paddy with an aggregate area of
318,744 m2 and land used for aquaculture measuring 31,751 m2. Annual crops of various types
(principally paddy and corn) are the primary sources for food and income of the majority of
these households.

40.     Examining the distribution of severity of loss of productive land, it can be observed that
overall more than half of displaced people’s households who will lose productive land will not
experience a severe loss – that is 54% will lose less than 10% of their farming land. Having said
this, there another two comments worthy of note. First, Thuy Van ward will see 83% of its
displaced people’s households experiencing severe loss of more than 10% of their productive
land holdings. Second, the commune with largest number of displaced people’s households
16


losing productive land is Phung Lao commune where 323 households will be impacted by the
land acquisition for Phu Dong road. Similarly, displaced peoples living in Phung Lao Commune
will loss of another source for income and food with the loss of 31,751 m2 of land utilized for
aquaculture. The distribution of severity of loss of productive land is presented in Table III.4
below.

      Table III.4: Distribution of Severity of Loss of Privately Owned Productive Land
                                 House-            Impact on Agricultural Land Holdings
Component/ Commune                holds    <10%     >10% 10%–30% 31%–50% 51%–70% >70%
Trường Chinh road subtotal         280      171       22       74         7         1    5
Percentage                         100       61        8       26         3         0    2
Vân Phú ward                         1        1        -        -         -         -    -
Kim Đức commune                     78       57        5       12         3         1    -
Hùng Lô commune                     44       10        2       31         -         -    1
Phượng Lâu commune                 157      103       15       30         3         2    4
Phù Đổng road subtotal             491      292       53      119        17         -   10
Percentage                         100       59       11       24         3         0    2
Dữu Lâu ward                       168      116       24       18         6         -    4
Phượng Lâu commune                 323      176       29      101        11         -    6
Thụy Vân road subtotal             120       20       29       44        25         2    -
Percentage                         100       17       24       37        21         2    0
Thụy Vân ward                      120       20       29       44        25         2
Grand Total                        891      483      104      237        49         3   15
Percentage                         100       54       12       27         5         0    2

E.     Impacts on Public Land

41.    A total of 288,485.35 m2 of public land will be affected by the project (refer to Table III.2)
About 42,118.7m2 of this are used for irrigation and roads. The State administers right of way of
road and irrigation. The remaining 246,366.65m2 is agricultural land belonging to the
government and leased to individual households for farming. (Refer to section I: Impact on
Communal Resources, for further discussion on this.)

F.     Impacts on Residential Land and Houses

42.     A total of 184 households will be displaced as a result of the acquisition of 76,794m2 of
residential land. Of this number 55 displaced people’s households will be fully affected with the
loss of 100% of their residential land, requiring resettlement. The majority (28 displaced people)
of displaced people’s households required to relocate are residing in Van Phu Ward of Truong
Chinh Road component.

43.    There are 129 displaced peoples whose residential land will be partially affected. These
displaced peoples have still remaining land viable for residential use. The viability of land for
residential land is set at 40m2 according to government regulations.

                    Table III.5: Impacts on Residential Land by Commune
                           Households Losing Residential Land
                                    Fully      Remaining Viable            Area of Affected
                                                                                            2
        Commune           Total   Affected     Residential Land          Residential Land (m )
     Van Phu               52         28              24                        5,239
     Kim Duc               44          7              37                       20,943
     Phuong Lau            36          2              34                       22,717
     Hung Lo               23         11              12                        4,800
                                                                                               17


                             Households Losing Residential Land
                                      Fully      Remaining Viable       Area of Affected
                                                                                         2
          Commune          Total    Affected     Residential Land     Residential Land (m )
       Phu Dong               0
       Duu Lau               28          7              21                   22,962
       Phuong Lau             1          0               1                      133
       Thuy Van               0          0               0
       Total                184         55            129                    76,794
       2
      m = square meter.

44.     A total of 116 residential houses will be affected as a result of acquisition of the land
upon which they are built. There are only two categories of affected house structures, which are
category 3 (with structures made of mixture of concrete and brick, wall brick, medium quality
materials) and category 4 (brick/wood structure, tile/fibrocement proof, low quality materials).
Category 4 (lower standard permanent structures) has a total aggregate area of 5,251m 2
belonging to 75 households. Affected category 3 houses have a total area of 4,194m 2 belonging
to 41 households. Of these affected houses 55 will be fully affected along with their residential
land and will require relocation. A summary of the expected impacts on houses are presented in
the table below.

      Table III.6: Impacts on Residential Houses by Location, Category and Households
                                   Affected House
                                       Structures           Category 4          Category 3
                                  Total        Fully      Area    House-               House-
                                                             2                     2
 Commune/Ward                    Number       Affected    (m )     holds    Area (m )   holds
 Subtotal Truong Chinh Road         94           48       4011       56       3724       38
 Van Phu                            44           28       1061       14       2794       30
 Kim Duc                            24            7       1280       20        480        4
 Phuong Lau                         14            2        710       10        450        4
 Hung Lo                            12           11        960       12         0         0
 Subtotal Phu Dong Road             22                    1240       19        470        3
 Duu Lao                            22            7       1240       19        470        3
 Phung Lao                           0            0         0                   0
 Subtotal Thuy Van road              0            0         0                   0
 Total                             116           55       5251       75       4194       41
 2
m = square meter.

G.         Impacts on Secondary Structures

45.    The IOL collected information on expected impacts on secondary structures including
detached toilets, detached kitchens, yards (brick and cement paved), walls (fences) and wells.
The information is summarized in the table below.

            Table III.7: Impacts on Secondary Structures by Component and Location
     Component and                     Toilets,     Brickyard    Cement      Wall       Well
                                                2         2            2        2          2
     Ward/Commune                   kitchen (m )       (m )     yard (m )    (m )       (m )
     Truong Chin Road Subtotal         1,643         2,322         291      2,228        27
     Van Phu                             130            592        217        768         5
     Kim Duc                             520            360         20        580        11
     Phuong Lau                          268            780         54        500         8
     Hung Lo                             725            590          0        380         3
     Phu Dong Road Subtotal              623            760         40        640        11
     Duu Lao                             623            760         40        640        11
     Phung Lao                              0              0         0           0        0
18


     Component and                      Toilets,     Brickyard     Cement      Wall      Well
                                                 2        2              2        2         2
     Ward/Commune                    kitchen (m )       (m )      yard (m )    (m )      (m )
     Thuy Van Road Subtotal                  0             0           0           0       0
     Total                              2,266         3,082          331      2,868       38
      2
     m = square meter.

H.        Impacts on Businesses

46.    No commercial businesses (including informal sector/non-registered commercial
operators) were identified by the IOL as being adversely affected by the Project.

I.        Impacts on Communal Resources

47.     The majority of the acquired government land in urban road component is land owned by
the respective local ward/commune People’s Committee and leased to local households for
agricultural purposes. The total anticipated losss of commune owned agricultural land is 24.6
hectares (ha). This is effectively a communal resource which will have an impact on the income
sources for households living within the commune.

48.    The Project’s overall impact on commune owned agricultural land in the seven
wards/communes traversed by the three roads one percent. The seven Project-affected
wards/communes have a commune owned agricultural land totalling 2,348 ha. However, only in
three of the Project wards/communes is such land affected (Phuong Lau, Duu Lau and Thuy
Van). At the project level, the loss of commune owned agricultural land is 1%. The largest
impact is experienced in Thuy Van Commune.

               Table III.8: Project Level Impact on Commune Owned Land Leased for
                                        Agricultural Production
                                                        Total Affected Area     Overall Project
                                   Total Commune         Commune Owned        Impact on Commune
Component and Ward/              Owned Land Leased        Land Leased for      Owned Agricultural
Commune                          for Agriculture (ha)     Agriculture (ha)         Land (%)
Truong Chinh Road
Van Phu                                  502.5
Kim Duc                                  760.0
Phuong Lau                               281.0                    2.0
Hung Lo                                  105.7
Truong Chinh Road Subtotal             1,649.2                    2.0                  0.1
Phu Dong Road
Duu Lao                                 253.5
Phung Lao
Phu Dong Road Subtotal                  253.5                     1.8                  0.7
Thuy Van Road
Thuy Van                                 445.6                   20.8
Thuy Van Road Subtotal                   445.6                   20.8                  4.7
Project Total                          2,348.3                   24.6                  1.0
ha = hectare

49.    The impacts of the loss of commune owned agricultural land is presented in the table
below. Phuong Lau and Duu Lau Communes will experience less than 1% of their commune
owned agricultural land while Thuy Van will experience almost 5% loss. A total of 648
households are expected to be affected. The average losses are 108 m2 (Duu Lau); 128m2
(Phuong Lau); and 645m2 (Thuy Van). The individual labor of the vast majority of the affected
                                                                                             19


households is fully engaged in agriculture. Based on consultation with the affected local
People’s Committees, only around 5% of affected households have labor engaged in non-
farming activities.

 Table III.9: Impact of Loss of Commune Owned Land Leased for Agricultural Production
                                 by Affected Ward/Commune
                                                                        Displaced
                                       Total     Affected     % of        People    Ave Area
                           Ward/     Commune    Commune     Affected     Affected   Affected
                                                                                         2
     Component           Commune       Land       Land       Land          (HH)       (m )
Truong Chinh Road       Phuong Lau     281.0         2.0        0.7         157        128
Subtotal
Phu Dong Road           Duu Lao        253.5        1.8         0.7        168         108
SubTotal
Thuy Van Road           Thuy Van       445.6       20.8         4.7        323         645
Subtotal
Project Total                          980.1       24.6         2.5        648
                  2
HH = household, m = square meter.

50.    In addition for compensation for losses of any investments, improvements, standing
crops, lost income and remaining unutilized leases, such losses experienced by affected
households will require mitigation through the resettlement plan’s income restoration strategy.

                  IV.       SOCIOECONOMIC INFORMATION AND PROFILE

A.      Background to the Socioeconomic Survey (SES)

51.     Socioeconomic information of the displaced people’s households was obtained through
the conduct of an SES. The SES utilized a questionnaire administered to 304 displaced
people’s households. (Please refer to Appendix 2.1 Socioeconomic survey Questionnaire). With
a total displaced people’s household population of 1,075, this represents a 28% survey sample
of the affected population. The survey respondents were interviewed personally by
enumerators. The survey respondents were typically the official household head or otherwise
another designated adult household member, such as spouse, who could provide the relevant
information on behalf of the family. This section presents the baseline information on the
socioeconomic status of affected households of the road subprojects in Viet Tri City obtained
from the household SES.

B.      Household Demographics

52.    A total of 1,075 households are expected to be either physically and/or economically
displaced by the project components in Viet Tri. The survey sample presented a total population
of 1,390 household members indicating an average household size of 4.6 persons per
household. This is a typical household size for rural areas in northern Vietnam.

                        Table IV.1: Sample Household Size per Commune
                           Total No. of                                 Average household
                        displace people’s    Household                  size (respondents/
     Commune            HHs per commune     Respondents     Persons          persons)
     Duu Lao                   196              72             360              5.0
     Phuong Lau                517              67             340              5.1
     Van Phu                    53              47             190              4.0
20


                          Total No. of                                     Average household
                       displace people’s    Household                      size (respondents/
     Commune           HHs per commune     Respondents      Persons             persons)
     Kim duc                  122              51              207                 4.1
     Hung Lo                   67              57              243                 4.3
     Thuy Van                 120              10               50                 5.0
     Total                  1,075             304            1,390                 4.6
  HH = households

53.   The percentage of female household respondents ranged from 0%–45% with an
average of 33%. The proportion of female household members ranged from 47%–54% with an
average of 52%. This is an expected sex distribution.

                    Table IV.2: Sex Disaggregated Household Demographics
                               Respondents                       Household Members
     Commune         Total   Male Female % Female        Total    Male Female % Female
     Duu Lao          72      43     29     40             360    164     196      54
     Phuong Lau       67      42     25     37             340    171     169      50
     Van Phu          47      26     21     45             190     92      98      52
     Kim duc          51      31     20     39             207     97      98      47
     Hung Lo          57      51      6     11             243    119     124      51
     Thuy Van         10      10      0      0              50     24      26      52
     Total           304     203    101     33           1,390    667     723      52

C.      Livelihood and Income

54.    There are 851 household members engaged in remunerated work, representing 61% of
the total sample household population. Thuy Van has the highest proportion of household
members working (66%) while Phuong Lau has the lowest (56%). It is worthy of note that Thuy
Van has also the highest proportion of female household members who are engaged in
remunerated work (55%). The participation of men and women in the workforce is otherwise
almost of equal proportion with an average of 51% of women engaged in remunerated work.

         Table IV.3: Sex Disaggregated Data of Engagement in Remunerated Work
                                     HH Members Engaged in         Sex Disaggregation of HH
                                        Remunerated Work              Members Working
                    Total Sample     Total HH      As % Total
                     Household       Members       Sample HH                             %
Commune               Members        Working        Members         Male      Female   Female
Duu Lao                 360            225             63           110        115       51
Phuong Lau              340            190             56            93         97       51
Van Phu                 190            122             64            64         58       48
Kim duc                 207            131             63            65         66       50
Hung Lo                 243            150             62            72         78       52
Thuy Van                 50             33             66            15         18       55
Total                 1,390            851             61           419        432       51
HH = household.

55.     An understanding on the type of work of displaced peoples is important in order to
address changes in livelihood that may occur as a result of displacement or changes in job
resulting from land acquisition. Occupations of 851 working members are varied. The majority
487 (47.6%) are engaged in agricultural related work, followed by waged employment 284
(29.0%). The rests are spread among other types of work including hired labor (8.5%)
                                                                                               21


construction worker (2.5%); business, (2.8%) services (2.3%) and other miscellaneous jobs
(5.6%). Farming is dominant in the communes of Phung Lau and Hung Lo with over 60% of
working members being farmers.

                 Table IV.4: Remunerated Work by Category and Location
                                                                         Waged
                    Agricul-     Cons-                          Hired   Employ-
Location             ture       truction Business Services      labor    ment   Others    Total
Dữu Lâu ward         132           8        12        5           22       38     13       230
Percentage (%)         57          4         5        2           10       16      6       100
Phượng Lâu           146           2         1        8           22       54      5       238
Percentage (%)         61          1         1        3            9       23      2       100
Vân Phú                 0          1         1        4            5      110     14       135
Percentage (%)                     1         1        3            4       81     10       100
Kim Đức                62         10         4        4           13       41      7       141
Percentage (%)         44          7         3        3            9       29      5       100
Hùng Lô               112                    9        3           16       32     12       184
Percentage (%)         61                    5        2            9       17      6       100
Thụy Vân               15          3                               3        9      3        33
Percentage (%)         46          9                               9       27      9       100
Total                 467         24        27       22           81      284     54       851
Percentage (%)         49          2         3        2            8       30      6       100

56.     Table IV.5 presents household members participation in remunerated work by working
status (full time, part time or unemployed) disaggregated by sex and location. The information
was compiled from those respondents who provided this information. The data shows that
overall around 90% of those engaged in remunerated work are working full time, with around
10% working part time or seasonally with a negligible number reporting to be unemployed. The
distribution by sex is proportionate.

   Table IV.5: Participation in Remunerated Work by Working Status, Sex and Location
                                                   Working Part-time/
                              Working Full-time        Seasonal                Unemployed
Commune / Ward               Σ    Male Female      Σ    Male Female        Σ     Male Female
Dữu Lâu                     185     91       94   23      13      10       0       0      0
Phượng Lâu                  164     80       84   14       6       8       0       0      0
Vân Phú                     104     54       50    4       2       2       0       0      0
Kim Đức                     102     53       49   16       5      11       2       0      2
Hùng Lô                     119     59       60   18       8      10       1       1      0
Thụy Vân                     21     11       10    7       3       4       0       0      0
Total                       695    348      347   82      37      45       3       1      2
Working Status as %          89                   11                       0
Total
Working Status by Sex               50     50              45      55             33      67

57.     The poverty line applicable in the project area is based on the criteria defined by the
Ministry of Labour, War Invalids and Social Affairs (MOLISA). The poverty line is typically
reviewed every five years and was most recently reviewed and updated in 2010. The current
poverty line is defined as households having an average monthly per capita income of less than
VND 400,000 for rural areas and less than VND 500,000 for urban areas. In addition to the
poverty line, there is also a category of “near poor” which is defined as households with average
per capita incomes below VND 520,000 and VND 650,000 for rural and urban areas,
respectively. The most recent official household survey conducted in the project area took place
22


during the period October–November 2010.

58.      The SES obtained data on household per capita incomes based on the respondent’s
declaration as well as the results of the recent official survey for which poor households were
given official cards. Accordingly, the survey revealed that 18 households (6% of total sample)
fall below the official poverty line and that 116 households (38% of survey sample) fall within the
“near poor” category. These latter families are also considered vulnerable as it may be possible
for them to fall back below the poverty line is they experience disruptions to their meagre
incomes. On the other hand, there are about 169 (55.8%) households whose per capita income
is over VND 500,000–VND 1 million per month. These households belong to “average” (28.4)
and “non-poor” (27.4), where the majority are from the communes of Van Phu, Hung Lo,
Phuong Lau and Duu Lau.

                 Table IV.6: Household Monthly Per Capita Income Rangers
                           <VND            VND 401,000–          VND 521.000–
                          400,000           VND 520,000          VND 1 million        >VND 1 million
 Commune/ward              (poor)          (nearing poor)         (Average)             (non-poor)
 Hùng Lô                     2                   30                   20                     5
 Kim Đức                     8                    9                   18                    16
 Phượng Lâu                  5                   29                   18                    15
 Thụy Vân                    0                    5                    5                     0
 Dữu Lâu ward                2                   40                   19                    10
 Vân Phú ward                1                    3                    6                    37
 Total                      18                 116                    86                    83
 Percentage                  6                   38                   28                    27

                               Table IV.7: Sanitation (% of Households)
Type of Sanitation     Total     Dữu Lâu   Phương Lâu       Vân Phú   Kim Đức    Hùng Lô    Thụy Vân
Pit latrine             53.0       34.7        62.7           14.9      74.5       73.7       70.0
Toilet in house         34.5       51.4        14.9           85.1      11.8       15.8       30.0
Other                   12.5       13.9        22.4                     13.7       10.5

                Table IV.8: Energy for Lighting and Cooking (% Households)
 Energy Source          Dữu Lâu        Phương Lâu     Vân Phú       Kim Đức   Hùng Lô      Thụy Vân
 Network Electricity     100             100            100           100      100           100
 Firewood                 93              97             23            92       88            70
 Charcoal                 11               1             13             4        5
 Gas                      42              24            100            12       37             60

            Table IV.9: Water sources for Drinking and Cooking (% Households)
                                                   Dữu      Phương     Vân      Kim     Hùng   Thụy
               Water Source                Total   Lâu        Lâu      Phú      Đức      Lô    Vân
 Dug Well water                              58      53        100      13       98        7    100
 Drilled well water                           1       3
 Bought water                                 0       1
 Piped water system                          50      51         6       100      22       93
 Total Surveyed Affected Households         304      72        67        47      51       57        10

59.     The housing standard is one indicator of economic status of households as this indicates
the capacity of households to invest in housing. Based on the data from the IOL, 75 households
(64% of those with affected houses) have category 4 houses (lower standard permanent
structures) with an aggregate area of 5,251m2 equating to an average of 70m2 per household.
There are 41 households (36% of those with affected houses) with Category 3 houses (higher
                                                                                                  23


standard of permanent house structure) with an aggregate area of 4,194m2 equating to an
average of 102m2.

                  Table IV.10: Affected Residential Structures by Category
                          Commune/              Category 4                     Category 3
                                                  2                              2
     Sub Project          Ward            Area (m )   No. of HHs         Area (m )   No. of HHs
     Truong Chinh                           4,011        56                3,724        38
                          Van Phu           1,061        14                2,794        30
                          Kim Duc           1,280        20                  480          4
                          Phuong Lau          710        10                  450          4
                          Hung Lo             960        12                    0          0
     Phu Dong Road                          1,240        19                  470          3
                          Duu Lao           1,240        19                  470          3
                          Phung Lao             0                              0
     Thuy Van Road        Thuy Van              0                              0
     Total                                  5,251        75                4,194        41
     Percentage (%)                            70                             30
                      2
     HH = household; m = square meter.

D.     Education

60.    In terms of education, the survey results indicate that there is generally high percentage
of household members who have attended formal education. Of the 1,239 household members,
the majority (42.20%) have at least reached high school. This figure is consistent in all
communes. About 36.2% members have reached secondary school and 11.2% primary school.
Only 8.9% has at least reached college. A very small number is reported being illiterate (1.5%).


                                                               42.2%
             45
                                                  36.2%
             40
             35
             30
             25
             20
                                       11.2%
             15                                                                8.9%
             10
                          1.5%
              5
              0
                    Illiterate    Primary      Secondary   High School      College


                     Figure 5: Education Attainment of Household Members

61.     The SES collected information on the numbers of individuals in the age group 16–24
years in full time education. The age group is older than the compulsory age for school
attendance and can be used as a proxy indicator for household wellbeing and interest in
investing in their children’s education as well as attitudes towards investment in education by
gender. The data reveals that overall approximately equal attention is given to girls’ education
as boys in the post compulsory school age. There is a range of 42%–80% in female school
24


attendance in this age group. Given the relatively small population sample size for this age
group it is difficult to draw conclusions over the variation. However, worthy of note is that Thuy
Van in the location of an industrial zone which is likely to have a positive relation to high
proportions of female school attendance as process industries in Vietnam tend to prefer female
workers. The SES does did not collect information on total numbers of individuals in this age
group but expect that this information will nevertheless provided a meaningful contribution to
subsequent socioeconomic monitoring and evaluation activities in the Project.

             Table IV.11: Individuals 16–24 years of Age in Full Time Education
       Commune/Ward             Male             Female            Total         % Female
       Dữu Lâu                    6                11               17              65
       Phượng Lâu                 7                 5               12              42
       Vân Phú                    8                 6               14              43
       Kim Đức                    7                 4               11              36
       Hùng Lô                    4                 8               12              67
       Thụy Vân                   1                 4                5              80
       Total                     33                38               71              54

E.     Project Impact on Livelihood

62.     The acquisition of 350,495 m2 of productive/agricultural land (crops and aquaculture) will
have an impact on the current economic activity of the 408 displaced people’s households
losing more than 10% of their productive land, resulting to a potential loss of income derived
from land. This number represents 46% of those losing productive land. These displaced
peoples are dependent on land as for their main source of income. Land is basically planted
with various crops like corn and rice which is used for household consumption as well as for
sale, which contributes in augmenting household income. There is risk of decrease in income as
well as food supply of households (Table IV.12).

63.     In terms of impact in livelihood, households engaged in agriculture or faming (48.7%) are
expected to be severely impacted, which has an overall impact on change of livelihood for 37
households losing over 50% of land. Also significantly affected are displaced peoples engaged
in daily labor on an occasional basis to supplement farm income (i.e. as a secondary income
source) The consultation confirms that displaced peoples engaged in farming their own land as
a primary income source generally are also engaged in daily labor on other people’s farms
during periods of low labor demand on their own farms to supplement their primary incomes.
However, the long term nature of the impacts on daily labor is likely to depend on the
communities into which displaced peoples relocate.

64.     Waged employment (29.6%), while being one of the larger type of work does not present
significant impact as their work continues to remain. (please refer to Table IV.4 for further details
on types of livelihoods.)

     Table IV.12: Distribution of Severity of Loss of Privately Owned Productive Land
                                                  Impact on Agricultural Land Holdings
 Component/Commune                HHs     <10%     >10% 10%–30% 31%–50% 51%–70%             >70%
 Trường Chinh road subtotal       280      171       22     74          7         1            5
 Percentage                       100       61        8     26          3         0            2
 Vân Phú ward                       1        1        -      -           -        -            -
 Kim Đức commune                   78       57        5     12          3         1            -
 Hùng Lô commune                   44       10        2     31           -        -            1
 Phượng Lâu commune               157      103       15     30          3         2            4
                                                                                                    25


                                                      Impact on Agricultural Land Holdings
  Component/Commune                 HHs        <10%    >10% 10%–30% 31%–50% 51%–70%          >70%
  Phù Đổng road subtotal            491         292      53    119         17         -        10
  Percentage                        100          59      11     24          3         0         2
  Dữu Lâu ward                      168         116      24     18          6         -         4
  Phượng Lâu commune                323         176      29    101         11         -         6
  Thụy Vân road subtotal            120          20      29     44         25         2         -
  Percentage                        100          17      24     37         21         2         0
  Thụy Vân ward                     120          20      29     44         25         2
  Grand Total                       891         483     104    237         49         3        15
  Percentage                        100          54      12     27          5         0         2

65.     The impacts of the loss of commune owned agricultural land is presented in Table IV.13.
Phuong Lau and Duu Lau Communes will experience less than 1% of their commune-owned
agricultural land, while Thuy Van will experience almost 5% loss. A total of 648 households are
expected to be affected. The average losses are 108m2 (Duu Lau); 128m2 (Phuong Lau); and
645m2 (Thuy Van). The individual labor of the vast majority of the affected households is fully
engaged in agriculture. Based on consultation with the affected local People’s Committees, only
around 5% of affected households have labor engaged in non-farming activities.

              Table IV.13: Impact of Loss of Commune Owned Land Leased for
                    Agricultural Production by Affected Ward/Commune
                                                                 Affected
                                                                Commune       Displaced
                                      Total         Affected     Owned          People    Ave. Area
                      Ward/         Commune        Commune     Agricultural    Affected   Affected
                                                                                               2
Component           Commune         Land (ha)      Land (ha)    Land Area       (HHs)       (m )
Truong Chinh        Phuong Lau        281.0             2.0          0.7         157         128
Road Subtotal
Phu Dong Road         Duu Lao          253.5            1.8         0.7         168          108
Subtotal
Thuy Van Road         Thuy Van         445.6           20.8         4.7         323          645
Subtotal
Project Total                          980.1           24.6         2.5         648
                                2
ha = hectare, HH = households, m = square meter.

F.      Vulnerable Households

66.    Based on the results of the survey sample it is expected that 6% of the displaced
people’s households fall below the poverty line and another 38% are near poor, being also
susceptible to changes in their living conditions. Thus the survey concludes that 44% of the
displaced people’s households will require special assistance due to their low income levels.

67.     Households headed by women were not identified as part of the survey process.
Accordingly the preparation of the updated resettlement plan will need to include fields in the
survey forms to identify households headed by women. Households headed by women are
particularly vulnerable groups and may experience hardships disproportionally to other
households as a result of either relocation or impacts on livelihood sources. In particular the
measures to arrange resettlement should take note of women headed household’s typical
greater reliance on localized social networks for their welfare and functioning of the household.
All efforts should be made to relocate households headed by women close to their social/kin
networks as well as invest effort in social integration activities as part of the program of
resettlement to stream line affected households into their new environment.
26




68.       No ethnic minorities are included amongst the list of vulnerable displaced peoples.

G.        Issues and concerns on Resettlement

69.     Several issues were raised during the consultations held in various communes in Viet
Tri. Primary concerns include the following below. Details on specific concerns are found in the
Minutes of consultation (Appendix 2.4).

          (i)      Compensation cost of land
          (ii)     Loss of productive land leading to possible change of livelihood
          (iii)    No skills for alternate job
          (iv)     No land to buy another land
          (v)      Difficulty in resettlement due to changes in environment, living condition, etc.
          (vi)     Delay in implementation
          (vii)    Relocated twice already due to projects
          (viii)   Not following government policy on resettlement

                      V.         PARTICIPATORY COMMUNICATION PROCESS

A.        Objectives and Principles

70.      The stakeholder communication policy is based on the principles of transparency,
timeliness, participation, meaningful engagement, and inclusiveness. Means of communication
and consultation are to promote participation of those who may otherwise tend to be
marginalized such as women, elderly, and the poor. Stakeholder communication will encompass
institutional stakeholders, communities within the project area, and persons directly affected by
the project.

71.     Participation of stakeholders is essential to reach the objectives of the resettlement
policy. Under the Vietnamese Law, Decree 84/2007/ND-CP, it is necessary to write to the
communes and inform them of likely impacts from the scheme on environmental and
resettlement issues, and request their response. ADB’s SPS likewise requires meaningful
consultation of stakeholders to involve them in the resettlement process.

72.      Communities and affected individuals will be meaningfully consulted on all project
activities which affect them. Such consultation shall take place as early as possible in the
project and be ongoing, continuing throughout the project cycle. Consultations will be timely with
information provided when the feedback of consultations could be incorporated in to design
features or mitigation measures and prior to commencement of any project activity. Consultation
will include information on project objectives and policies; project technical design;
implementation activities and schedules; potential and actual impacts and risks such as
environmental, resettlement, livelihood, access restrictions, HIV/AIDS transmission, and human
trafficking along with mitigation measures; benefit and opportunities; institutional arrangements;
grievance redress mechanisms; and the results of project monitoring and evaluation. All
significant communications will be recorded2 and stakeholders will have the opportunity to
present questions, opinions and suggestions.


2
    Significant consultations will typically be recorded in writing (such as minutes) and with the informed consent of
    those participating.
                                                                                               27


B.     Identification of Project Stakeholders

73.    Institutional stakeholders include (i) government agencies responsible for the design,
management, and implementation of the project; and (ii) state institutions, civil society (CBOs
and mass organizations), and private sector institutions whose mandates share an interest with
the outcomes and/or impacts of the project.

74.    Communities within the project area as well as individuals directly affected by the project
have a natural vested interest in the effectiveness of project design and implementation as well
as mitigation of negative impacts and maximization of project benefits and are primary
stakeholders.

75.   In the context of this resettlement plan the primary stakeholders are the displaced
persons and any host communities to which those physically displaced may relocated to.

C.     Information to be Provided to Displaced Persons and Affected Communities

76.      Information to be provided to displaced persons and affected communities shall include
the following:

       (i)     Project details, including purpose, benefits, physical description, implementation
               arrangement and schedules.
       (ii)    Project implementation arrangements, including institutional framework, contact
               points, and implementation schedules.
       (iii)   Project impacts and risks, including land acquisition, loss of other physical
               assets, restrictions on land use and access (temporary and permanent), impacts
               on livelihoods, as well as other social impacts/risks (road safety, HIV/AIDS,
               human trafficking, etc.).
       (iv)    Project mitigation measures, including compensation, transitional assistance,
               income restoration measures, resettlement options, other social impact mitigation
               measures.
       (v)     Information and consultation measures, including communication plan, rights and
               processes for inquiry and grievance redress, and contact persons to obtain
               information.
       (vi)    Disclosure of draft and updated resettlement plans.
       (vii)   Periodic reports of the resettlement external monitoring agency.

D.     Means of Implementing the Communication Strategy

77.    The means of implementing the communication strategy shall include the following:

       (i)     Public meetings with affected communities.
       (ii)    Group meetings with all displaced people’s households.
       (iii)   Both spouses heading displaced people’s households shall be formally invited to
               attend consultation and information dissemination sessions. The Women’s Union
               is to encourage active participation of women displaced peoples and arrange
               separate meetings with affected women as needed.
       (iv)    Information sessions will be conducted by the PMU, Resettlement Committee
               and Ward/Commune People’s Committees with support from the Project
               Management Assistant Consultants. Relevant mass organizations relevant to the
               needs of the affected people are to actively attend. Such mass organizations
28


               would include agencies such as the Women’s Union, Farmers’ Union, Fatherland
               Front and Youth Union.
       (v)     Particular attention will be paid to ensure the participation of the vulnerable or
               otherwise those at risk of marginalization. The location as well as timing of
               consultation meetings will be arranged to foster attendance and cause least
               disruption to displaced peoples work and family care responsibilities.
       (vi)    All consultation and disclosure activities will be properly documented. All minutes
               of meetings and attendance sheets will be prepared and recorded. Comments of
               participants will likewise be recorded in the minutes (with their informed consent).

E.     Specific Consultation Matters

78.     Participants in consultation meetings are to be given the opportunity to raise comments
and present questions. In the context of the resettlement plan displaced peoples are to be
actively consulted on the following:

       (i)     Resettlement preferences, including resettlement site selection and design;
       (ii)    Special resettlement needs of vulnerable persons such as households headed by
               women, elderly residing alone, persons with disabilities.
       (iii)   Income restoration measures, including types of mode of training delivery, and
               other measures deemed appropriate and/or viable. Income restoration measures
               are to be suitable to the capacity, needs and interests of those affected.

F.     Consultation Activities Undertaken during Preparation of the resettlement plan

79.    Consultation during the preparation of the draft resettlement plan included two rounds of
stakeholders’ consultation:

       (i)     during project scoping where information of the project was disseminated in all
               affected communes,
       (ii)    during the resettlement planning and validation of study results, and
       (iii)   during disclosure of draft resettlement plan

80.     Community participation started with data collection which served as baseline
information on project affected households. Various approaches were utilized in gathering
qualitative and quantitative data which include the following (i) key informants interview with the
City, Provincial and District local heads and affected families; (ii) household survey (20%) of
project affected households. Collected information was analysed and processed which formed
the benchmark for resettlement planning.

81.    The first consultation on subprojects of Viet Tri, was conducted on 5 January 2011 at the
Peoples Committee Office, designed as a cluster meeting of representatives from affected
communes. The objectives were to: (i) inform the communities about the proposed project; (ii)
obtain people’s views and comments on project impacts and risks; and (iii) get people’s
recommendation to improve the project design. This was participated by affected households,
PMU, and other representatives from government and private sectors. The second consultation
(8–16 March 2011) was conducted in the communes where the displaced peoples are residing
(see Annex 2.4). This was undertaken during the period when the SES and IOL were
conducted. The majority of affected households participated in these consultation meetings. The
approach involved open and participatory method intended to provide a forum for communities
and affected persons to give their perceptions, comments, project impacts or risks and
                                                                                                  29


recommendations on their specific concerns.

82.   The second consultation was conducted to discuss in detail relocation issues and
concerns with displaced peoples.

83.      Attendance at the consultation meetings is presented below.

        Table V.1: Attendance at Displaced People Consultation Meetings, March 2011
        Commune/Ward           Date                                    Male     Female   Total
        Dữu Lâu                8/03/2011 am and 9/03/2011 pm            40        44      84
                               Percentage                               48        52     100
        Phượng Lâu             12/03/2011 am and 10/03/2011 pm          44        37      81
                               Percentage                               54        46     100
        Vân Phú                10/03/2011 am                            29        19      48
                               Percentage                               60        40     100
        Kim Đức                11/03/2011 pm                            21        17      38
                               Percentage                               55        45     100
        Hùng Lô                11/03/2011 am                            28        22      50
                               Percentage                               56        44     100
        Thụy Vân               16/03/2011 am                            10         6      16
                               Percentage                               63        37     100

G.       Summary of Issues and Concerns

84.      The consultations results documented the following issues.

         (i)       Compensation: Rates on compensation was perceived as low especially
                   valuation on agricultural land.

         (ii)      Alternative Income: There is willingness to learn new skills to replace farming.
                   However, there are concerns on whether they can get a job on the new trade.

         (iii)     Resettlement: There is available site in Viet Tri which people can relocate, there
                   is concern however on the current condition of the site and on affordability. The
                   site is not yet developed.

         (iv)      Attitude towards the project: Overall, there is positive attitude towards the
                   project and high level of acceptability as benefits expected are wide ranging. The
                   improvement on the road is very much appreciated to facilitate easy mobility and
                   accessibility for children to go to school. It is expected to contribute to the
                   improvement on foot paths as well improvement on aesthetics and environment.

85.    Displaced people attending the meetings rated their support for the project as set out
below while noting at the same time their concerns presented above.

      Table V.2: Displaced People Level of Support for the Project (Individual Attendees)
                                     Highly                      No opinion /
                Commune/Ward        Approve       Approve        Undecided      Disapprove
                Dữu Lâu                             84
                Phượng Lâu                          81
                Vân Phú                             48
                Kim Đức                             38
30


                                 Highly                    No opinion /
          Commune/Ward          Approve       Approve      Undecided       Disapprove
          Hùng Lô                               50
          Thụy Vân                              16

H.      Disclosure of the Draft Resettlement Plan

86.      The draft resettlement plan was disclosed to all displaced peoples by way of a PIB
disseminated to affected persons in the project areas in July 2011. The PIB presents salient
information about the Project, anticipated impacts, as well as planned mitigation measures. A
copy of the PIB is in Appendix 2.6. The PIB has also been posted in an accessible public place.
A translated copy of the draft resettlement plan will also be provided to each commune/ward
People’s Committee. A translated copy of the draft resettlement plan will be provided to each
commune/ward People’s Committee. Following ADB’s concurrence the draft resettlement plan
will also be uploaded on ADB’s website (www.adb.org).

I.      Disclosure of the Updated Resettlement Plan

87.     Disclosure of the draft updated resettlement plan to displaced peoples will be carried out
by the resettlement committee prior to finalization of the updated resettlement plan. Following
ADB’s concurrence to the updated resettlement plan the resettlement plan will be formally
disclosed by way of PIB, distribution of translated resettlement plans to each ward/commune
People’s Committee Office and uploading of the resettlement plan on ADB’s website as well as
the executing agency’s project website (as established). The translated version of the
resettlement plan distributed to the local People’s Committee offices shall be accessible to
affected persons. The information brochure will be distributed to all displaced peoples with
general contents including: (i) project profile, (ii) project impacts, (iii) compensation and
entitlements, (iv) grievance redress mechanism, and (v) resettlement procedures, timing of
payments and schedule. Resettlement monitoring reports will also be made available to
displaced peoples and will be uploaded on ADB’s website.

J.      Planned Consultation and Disclosure Measures

88.     Planned consultation activities and disclosure measures are summarized in the Table
IV.3.
                                                                                                                                                        31


                                      Table V.3: Planned Consultation Activities Disclosure Measures
Issue                                  Target Audience           Means of Communication                  Responsible                     Timing
Resettlement Issues
Project design, objectives, policy,   Communities in the     Public consultation meetings          PMU, PSC, local            Early in each phase of
implementation arrangements,          project area                                                 authorities                Project preparation;
likely impacts and planned                                                                                                    Project detailed design
mitigation measures
Results of land acquisition and       Affected households    Public consultation meetings at       PMU, PSC, local            Soon after completion of
resettlement surveys, mitigation                             convenient locations                  authorities                resettlement surveys (DMS)
options, anticipated schedules
Planned resettlement plan             Affected households    Public consultation meetings at       Resettlement               Prior to finalization of
mitigation measures, including                               convenient locations                  Committee, PMU, PSC,       updated resettlement plan
compensation rates and                                                                             local authorities
entitlement matrix
Income restoration activities         Affected individuals   Various -including public meetings,   Resettlement               Periodic as needed to
                                                             focus group discussions and           Committee, Women’s         commence after completion
                                                             individual consultations              Union local authorities,   of DMS.
                                                                                                   PSC, DOLISA, private
                                                                                                   industries
Disclosure of draft and updated       Affected               PIB, translated resettlement plan     PMU with support of        Upon receipt of concurrence
resettlement plan                     households;            publically accessible in local        PSC. Disseminated by       by ADB
                                                             People’s Committee Office,            local authorities
                                      Communities in         uploaded on ADB website and/or
                                      project areas.         executing agency website.
Implementation schedule of            Affected households    Public consultation meetings          Resettlement               Ongoing prior to
resettlement plan and civil works                                                                  Committee, PMU, local      implementation and upon
                                                                                                   authorities                significant change in
                                                                                                                              implementation schedule.
Disclosure of periodic External       Displaced people’s     Public meetings translated report     External Monitor           Upon completion of periodic
Resettlement Monitoring Reports       representatives,       publically accessible in local                                   monitoring reports
                                      local authorities,     People’s Committee Office,
                                      mass organizations     uploaded on ADB website and/or
                                                             executing agency website.
Other Social Impact Issues
Implementation schedule,              Communities in the     Public information meetings, IEC      PMU, local authorities,    Ongoing during
restricted access, disruptions,       project area.          materials, public announcements in    PSC, HAPP/HTPP             implementation.
hazards, opportunities for project                           local communities.                    service provider, works
work, road safety, HIV/AIDS and                                                                    contractor
trafficking.
ADB = Asian Development Bank, DMS = details management survey, DOLISA = Department of Labour, Invalids, and Social Affairs, IEC = information, education
and communication , PIB = public information booklet, PMU = project management unit, HAPP/HTPP = HIV/AIDS and Human Trafficking Prevention Programs,
project management unit, PSC = project supervision consultants.
32




                     VI.       GRIEVANCE REDRESS MECHANISMS

89.     This section presents information and arrangement for addressing conflicts and appeal
procedures regarding eligibility and entitlements as well as the implementation of the
resettlement activities.

90.    A well-defined grievance redress and resolution mechanism will be established to
address displaced people grievances and complaints regarding land acquisition, compensation
and resettlement in a timely and satisfactory manner. All displaced peoples will be made fully
aware of their rights, and the detailed procedures for filing grievances and an appeal process
will be publicised through an effective public information campaign. The grievance redress
mechanism and appeal procedures will also be explained in the PIB that will be distributed to all
displaced peoples.

91.     Displaced people (including either spouse heading an affected household) 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. Displaced people’s complaints can be made verbally or in written form. In
the case of verbal complaints, the Committee on Grievance will be responsible to make a
written record during the first meeting with the displaced people.

92.    For the purposes of grievance redress and resolution, the respective PMUs shall also
serve as grievance officers. The designated commune officials shall exercise all efforts to settle
displaced people issues at the commune level through appropriate community consultation. All
meetings shall be recorded by the resettlement committees and copies shall l be provided to
displaced peoples. A copy of the minutes of meetings and actions undertaken shall be provided
to PMU and ADB upon request.

93.    The procedures for grievance redress are set out below.

       (i)     Stage 1: Complaints from displaced peoples for the first time shall be lodged
               verbally or in written form with the Commune or DPC. The complaint shall be
               discussed in an informal meeting with the displaced people and the Commune or
               DPC It will be the responsibility of the Commune or DPC to resolve the issue
               within 15 days from the date the complaint is received. All meetings shall be
               recorded and copies of the minutes of meetings will be provided to displaced
               people.

       (ii)    Stage 2: If no understanding or amicable solution can be reached or if no
               response is received from Commune or DPC within 15 days of registering the
               complaint, the displaced people can elevate the case to the City Resettlement
               Committee (CRC). The displaced people must lodge the complaint within 30
               days of registering the complaint and must produce documents that support
               his/her claim. The CRC is expected to respond within 1 month upon receiving the
               appeal.

       (iii)   Stage 3: If the displaced people are not satisfied with the decision of the CRC or
               in the absence of any response, the displaced people can appeal to the PPC.
               The PPC will review and issue a decision on the appeal within 30 days from the
               day it is received.
                                                                                               33




       (iv)    Stage 4: If the displaced people are still not satisfied with the decision of the
               PPC, or in the absence of any response within the stipulated time, the displaced
               people, as a last resort may submit his/her case to the court.

94.    The procedure described above is consistent with the legal process for resolution of
disputes in Vietnam.

95.    The EMO will be responsible for checking the procedures for and resolutions of
grievances and complaints. The EMO may recommend further measures to be taken to redress
unresolved grievances. The PSC will provide the necessary training to improve grievance
procedures and strategy for the resettlement committee staff as and when required.

96.     The executing agency will shoulder all administrative and legal fees that will be incurred
in the resolution of grievances and complaints if the displaced peoples win their case. Other
costs incurred by legitimate complaints will also be refunded by the Project if displaced peoples
win their case.

97.     In cases where displaced peoples do not have the writing skills or are unable to express
their grievances verbally, displaced peoples are encouraged to seek assistance from the
nominated local community-based organization (CBO) such as the Women’s Union or
Fatherland Front or non-government organization (NGO) or other family members, village heads
or community chiefs to have their grievances recorded in writing and to have access to the DMS
or other documentation, and to any survey or valuation of assets, to ensure that where disputes
do occur all the details have been recorded accurately enabling all parties to be treated fairly.
Throughout the grievance redress process, the responsible committee will ensure that the
concerned displaced peoples are provided with copies of complaints and decisions or
resolutions reached.

98.    If efforts to resolve disputes using the grievance procedures remain unresolved or
unsatisfactory, displaced peoples have the right to directly discuss their concerns or problems
with the ADB Southeast Asia Transport and Communication Division (SETC), Southeast Asia
Department either directly (at 6 ADB Avenue, Mandaluyong City, Philippines), or through the
ADB Vietnam Resident Mission. If displaced people are still not satisfied with the responses of
SETC Division, they can directly contact the ADB Office of the Special Project Facilitator.

                          VII.       RESETTLEMENT POLICIES

A.     Government of Vietnam’s Policies on Land Acquisition and Resettlement

99.     The Government has established several laws on land acquisition, resettlement and
rehabilitation. Likewise, the devolution of governance to the local province and districts has
empowered the provincial and district level People’s Committees to regulate and govern issues
on land acquisition in their own respective areas within the framework of national legislation.
These laws, together with the ADB’s Social Policy Statement shall govern the land acquisition,
compensation and resettlement. In case of discrepancies between the national laws,
regulations, provincial decisions and ADB’s policies and requirements, ADB’s policies and
requirements will prevail, consistent with national Government Decree No. 131/2006/ND-CP.
Decree 131/2006 provides that in case of “discrepancy between any provision in an
international treaty on Official Development Assistance (ODA), to which the Socialist Republic of
Vietnam is a signatory, and the Vietnamese Law, the provision in the international treaty on
34


ODA shall take precedence (Article 2, Item 5). The same statement was mentioned in the
national Decree 197/2004/ND-CP on compensation and resettlement when the Government
takes over the land for the defence, security purposes, benefits of nation and public works as
well as for economic development. Decree No. 17/2003/ND-CP promulgates the regulation on
the exercise of democracy in communes, including requirements for consultation with and
participation of people in communes.

100. The policies of the Government on compensation, resettlement and assistance have
been significantly improved from time to time; especially since the time the Land Law (2003)
was passed by the National Assembly. Many Laws, Decrees, Circulars and amendments to
Laws; Decrees were issued by the Government to improve the policies on land acquisition,
compensation and assistance. The policies on land acquisition, compensation and assistance
have also significantly improved on the standards of entitlement, compensation, income
restoration as well as requirements for consultation, participation, information dissemination,
monitoring and evaluation. For the projects financed by the International Banks, the
Government has also approved for the required waivers to meet with the international standards
on involuntary resettlement.

101.   Relevant national legal instruments include:

       (i)      Land Law 2003/QH11, providing Vietnam with a comprehensive land
                administration law.
       (ii)     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.
       (iii)    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.
       (iv)     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.
       (v)      Decree No. 84/2007/ND-CP, dated 25 May 2007 supplementary stipulations on
                issue of land use rights certificate (LURC), land acquisition, land use right
                implementation, procedure of compensation, assistance in the event of land
                recovery by the state and grievance redress.
       (vi)     Circular 116/2004/TT-BTC, 7 December 2004 guiding the implementation of
                Decree 197.
       (vii)    Decree No 37/2005/ND-CP 18 March 2005, procedures for application of
                measures enforcing implementation of decisions on administrative violation.
       (viii)   Decision No 74/2005/QD-TTg, 6 April 2005, on the use of land rights transferred
                budget, the budget from selling house, workshop and other structures when an
                economic unit has to relocate its office and estates and business in accordance
                with planning.
       (ix)     Circular No 80/2005/TT-BTC 15 September 2005, guidelines for organization of a
                network for conducting statistics of and surveying, investigation of the land price
                in accordance with Decree No 188/2004/ND-CP (16 November 2004).
       (x)      Decree No. 131/2006/ND-CP, on the management and use of ODA. Decree No.
                131/2006/ND-CP provides that in case of “gaps between any provision in an
                international treaty on ODA, to which the Socialist Republic of Vietnam is a
                signatory, and the Vietnamese Law, the provision in the international treaty on
                ODA shall take precedence” (Article 2, Item 5).
                                                                                              35


       (xi)    Decree 69/2009/ND-CP to amend for planning on land use, cost for land, land
               recovery, compensation and resettlement. This Decree provides higher
               assistance to the severely affected households, particularly to relocating
               households losing agricultural land.
       (xii)   Circular 14/2009/TT-BTNMT dated 1 October 2009 guides on the details of
               implementing about compensation, resettlement and resettlement assistance,
               process of land acquisition, land allocation, leasing land.

102.   Relevant provincial level instruments include:

       (i)     Phu Tho PPC Decision No 3995/2009/QĐ – UBND, dated 19 November 2009 on
               "The decision to promulgate regulations on compensation, assistance and
               resettlement, and the order and procedures for implementation when the State
               acquires land in the province".

B.     ADB Safeguard Policy Statement

103. The ADB SPS consolidates three existing safeguard policies: involuntary resettlement
(IR), indigenous peoples (IP), and environment. The objectives of the IR policy are to (i) avoid
involuntary resettlement, (ii) explore alternatives to avoid, (iii) restore livelihoods and (iv)
improve living standards of poor and vulnerable households. The IP policy objectives are to (i)
design and implement projects that fosters full respect for IP's identity, dignity, human rights,
livelihoods systems, and cultural uniqueness as defined by IP themselves and (ii) ensure that
IPs receive culturally appropriate social and economic benefits, do not suffer adverse impacts
as a result of projects, and can participate actively in projects that affect them. The policy on
environment is discussed in a separate environment report.

C.     Mainstreaming Gender

104. The ADB Policy on Gender and Development (1998) adopts gender mainstreaming as a
key strategy for promoting gender equity, and for ensuring that women participate in and that
their needs are explicitly addressed in the decision-making process for development activities.
The SPS requirements also reiterate the importance of including gender issues in the
preparation of safeguards documents at all stages to ensure that gender concerns are
incorporated, including gender-specific consultation and information disclosure. This includes
special attention to guarantee women’s assets, property, and land-use rights and
restoration/improvement of their livelihoods and living standards; and to ensure that women will
receive project benefits. Other policies of the ADB that have bearing on resettlement planning
and implementation are the Public Communications Policy (2005), and the Accountability
Mechanism (2003).

105. The Government recognizes women as equal to men under the laws and constitution of
Vietnam. While Government has no specific policy to promote gender issues in the country, the
Vietnam Women’s Unions generally exist at every level of the government system. The
following specific actions were undertaken to address gender issues during the project
preparation (including preparation of the draft resettlement plan) and shall be undertaken in the
remaining stages of the project.

       (i)     During public consultation meetings, women were widely represented. Women
               were encouraged to articulate their needs and give comments and
               recommendation to improve the Project design.
36


       (ii)     Prior to DMS updating, an orientation shall be done to enable the DMS teams to
                discuss their respective tasks in relation to gender issues and concerns.
       (iii)    During the DMS, both male and female displaced peoples will be encouraged to
                participate in discussions related to land acquisition and other resettlement
                issues.
       (iv)     In the planning of the income restoration program, female displaced peoples
                shall be actively involved. Appropriate economic activities for women will be
                included in the program in order to avoid any marginalization of women’s
                contribution to the household economy.
       (v)      For the relocating of affected households, separate discussion with women from
                affected households, affected households headed by women, and IP affected
                households shall be held to discuss and agree on their relocation.
       (vi)     Compensation will be given to both men and women.
       (vii)    Replacement of land will be registered in the name of both husband and wife.
       (viii)   Disaggregated monitoring indicators by gender, ethnicity, and gender of the head
                of affected households that will be developed for monitoring capacity
                development training program, livelihood program, participation, and other
                resettlement activities.

D.     Reconciliation of Government and ADB Policy on Resettlement

106. The resettlement and compensation policies for the Socioeconomic Development
Project of Viet Tri are to be in accordance with ADB requirements and laws of the Government.
Under the ADB policy, the Bank’s requirements must be met with regards to involuntary
resettlement as defined in the ADB SPS.

107. With the promulgation of Decrees 69/2009/ND/CP (2009) and 197/2004/ND/CP (2004)
and relevant decrees stated above, the policies and practices of the Government have become
more closely aligned with ADB’s social safeguards policies. Nonetheless, provisions and
principles adopted in this resettlement planning document will supersede the provisions of the
relevant decrees currently in force in Vietnam wherever a gap exists, as provided for under
Decree 131/2006/ND-CP (2006), which regulates the management and use of official
development assistance.

108. The differences between the Government’s Laws and Decrees and ADB Policy with
regard to resettlement and compensation, and how to address these gaps for this Project are in
Table VII.1.

109. It should also be noted that Decree 197/2004, Article 32 states that "Apart from the
supports prescribed in Articles 27, 28, 29, 30 and 31 of this Decree, basing themselves on the
local realities, the provincial-level People’s Committee presidents shall decide on other
supporting measures to stabilise life and production of persons who have land recovered;
special cases shall be submitted to the Prime Minister for decision”, therefore, if additional gaps
not mentioned below are found during resettlement plan updating or implementation, the
required assistance or support will be included in the updated resettlement plan.
                   Table VII.1: Gaps between Government Legislation and ADB Policies and Gap Filling Measures
      Key Issues                          State Legislation                                  ADB Policy                        Project Policy
Eligibility for          Decree 69/2009 Article 14(1) If persons who have         Those without titles to land or      Those without titles to land or
compensation &           land recovered by the State meet conditions              any recognizable legal rights to     any recognizable legal rights to
assistance.              related to land ownership set out in Article 8 Item      land are eligible for resettlement   land are eligible for
                         1,2,3,4,5,7,9,10,11 of Decree 197/2004, they shall       assistance and compensation for      resettlement assistance and
Non-titled users         receive compensation; if they fail to meet all           loss of non-land assets.             compensation for loss of non-
                         conditions for compensation, the Peoples’                                                     land assets.
                         Committees of the provinces or centrally run cities      Improve the standards of living
                         shall consider providing such support.                   of the displaced poor and other      In addition they shall receive
                                                                                  vulnerable groups, including         20% of the value of the
                         Decree 69/2009/ND-CP Article 24(4): Property             women.                               acquired land at replacement
                         attached to land which falls into one of the cases                                            cost as per Phu Tho PPC
                         prescribed in Clauses 4, 6, 7 and 10 of Article 38 of                                         Decision 3995/2009.
                         the Land Law shall not be compensated.
                                                                                                                       Improve the standards of living
                         PPC Decision 3995/2009/QD-UBND provides for                                                   of the displaced poor and other
                         those not legally possessing land to receive                                                  vulnerable groups, including
                         assistance equivalent to 20% of the land value.                                               women
Unregistered             Decree 69/2009, Article 20(2) states only                In the case of economically          Those who are economically
businesses.              registered businesses are eligible for assistance.       displaced persons, regardless of     displaced, but who are not
                         When the land used by a registered economic              whether or not they are              formally registered (e.g.
                         organization, production household, business             physically displaced, the            unregistered businesses,
                         household and the business and production must           borrower/client will promptly        employees without labor
                         be suspended, the user shall be compensated with         compensate for the loss of           contracts) will be assisted as
                         30% (the highest) of the after tax income in one         income or livelihood sources at      appropriate to ensure that their
                         year subject to average income in the last 3             full replacement cost. The           income sources are restored to
                         continuous years as certified by the tax                 borrower/client will also provide    at least pre-project levels.
                         department.                                              assistance such as credit
                                                                                  facilities, training, and            Improve the standards of living
                                                                                  employment opportunities so          of the displaced poor and other
                                                                                  that they can improve, or at least   vulnerable groups, including
                                                                                  restore, their income-earning        women
                                                                                  capacity, production levels, and
                                                                                  standards of living to pre-
                                                                                  displacement levels.
Definition of severe/    Decree 69/2009 (Article 20(1)) state that                Physical displacement from           Displaced people who lose
major impacts            households directly engaged in agriculture losing        housing, and/or loss of 10% or       30% or more of their
                         30% or more of their agricultural land are entitled to   more of displaced people’s           agricultural land will be




                                                                                                                                                          37
                         life stabilization assistance.                           productive assets (income            provided with assistance.
      Key Issues                           State Legislation                                ADB Policy                   Project Policy




                                                                                                                                                   38
                                                                                  generating).
                                                                                                                 Displace people who lose less
                                                                                                                 than 30% of their agricultural
                                                                                                                 land who are determined to
                                                                                                                 depend heavily in agriculture
                                                                                                                 and who belong to poor and
                                                                                                                 vulnerable households will also
                                                                                                                 be provided with additional
                                                                                                                 assistance similar to those
                                                                                                                 losing 30% or more of their
                                                                                                                 land.
Entity that conducts      Provincial and cities people’s committee under          Qualified and experienced      A qualified appraiser will be
the valuation of          central authority will establish specific land prices   experts will undertake the     engaged to conduct
acquired assets           based on the principles stated in clause 1, Article     valuation of acquired assets   replacement cost surveys for
                          56, Land Law.                                                                          the project which will be used
                                                                                                                 as input by the Compensation
                          Qualified organizations may provide consultancy                                        Boards for determining
                          on land prices (Article 57, Land Law)                                                  compensation amounts for
                                                                                                                 PPC approval.
ADB = Asian Development Bank, PPC = provincial people’s committee
                                                                                                   39


E.     Project Policies

110.   The Project will follow the principles of ADB safeguard policy.

       (i)      Involuntary resettlement and impacts on land, structures and other fixed assets
                will be minimised where possible by exploring all alternative options.
       (ii)     Compensation will be based on the principle of replacement cost at the time of
                compensation.
       (iii)    Displaced people without title or any recognisable legal rights to land are eligible
                for resettlement assistance and compensation for non-land assets at
                replacement cost.
       (iv)     Meaningful consultation will be carried out with the displaced peoples, ethnic
                minority households, affected communities and concerned groups and ensure
                participation from planning up to implementation. The comments and
                suggestions of displaced peoples and communities will be taken into account.
       (v)      The draft, final and any updates on the resettlement plan will be disclosed to
                displaced peoples and ethnic minority households in a form and language(s)
                understandable to them prior to submission to ADB.
       (vi)     Resettlement identification, planning and management will ensure that gender
                concerns are incorporated.
       (vii)    Special measures will be incorporated in the resettlement plan to protect socially
                and economically vulnerable groups such as ethnic minority households,
                households headed by women, children, disabled, the elderly, landless and
                people living below the generally accepted poverty line.
       (viii)   Existing cultural and religious practices will be respected and, to the maximum
                extent practical, preserved.
       (ix)     Culturally appropriate and gender-sensitive social impact assessment and
                monitoring will be carried out in various stages of the project.

F.     Principles for Valuation

111. All compensation will be based on the principle of replacement cost. The rate of
compensation for acquired housing, land and other assets will be calculated at full replacement
costs. The calculation of full replacement cost will be based on the following elements: (i) fair
market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs;
and (v) other applicable payments, if any.

112. The executing agency will consult with the displaced persons and host populations to
obtain adequate information about recent land transactions, land value by types, land titles, land
use, cropping patterns and crop production, availability of land in the project area and region,
and other related information. The executing agency will also collect baseline data on housing,
house types, and construction materials. Qualified and experienced experts will undertake the
valuation of acquired assets. In applying this method of valuation, depreciation of structures and
assets should not be taken into account.

       (i)      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.
40


       (ii)    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.
       (iii)   Houses and other related structures based on actual current market prices of
               materials and labor without depreciation or deduction for salvaged building
               materials.
       (iv)    Annual crops equivalent to current market value of crops at the time of
               compensation.

               VIII.       ENTITLEMENTS, ASSISTANCE AND BENEFITS

A.     Entitled Persons

113. Entitled persons are those who: (i) experience physical and/or economic displacement
as a result of land acquisition (either permanent or temporary) for the project; or (ii) who
experience restricted land use which causes physical or economic displacement as a result of
the project; and (iii) are present in the affected project area prior to the cut-off date.

B.     Entitlement Matrix

114. The project entitlements have been defined in accordance to the degree of various
impacts which are taken from the results of the IOL and SES. These entitlements are governed
by the Government’s policies and the ADB’s SPS.

115. The eligibility on entitlements applies to all persons affected by the project as a result of
either land acquisition or restricted land use which are categorized in the entitlement matrix.

116. The entitlement matrix is in Table VIII.1, indicating each type of loss and degree of
impact with corresponding entitlements applicable to the specific condition and impacts on
displaced people.
                                                        Table VIII.1: Entitlement Matrix
                                                 Entitled
       Impact              Application                                      Compensation policy                         Implementation Issue
                                                 Persons
1. Agricultural land
1.a. Agricultural land Loss of land for      Affected           (i) No compensation for land (if the land will      Restore the land to its original
   (temporarily)       project use           households               be returned after use);                       attribute before returning the
                       (Temporary loss -     whose land is      (ii) Cash compensation from loss of existing        land.
                       less than one year)   required for the         trees and crops at replacement value);
                                             Project            (iii) Cash compensation from loss of net
                                                                      income from subsequent crops that
                                                                      cannot be planted during the affected
                                                                      time

                                                                Note: If affected for more than one year,
                                                                displaced people have an option of (a) letting
                                                                their land to be used temporarily under the
                                                                Project, or (b) request the Project for the land
                                                                to be permanently acquired and compensated
                                                                at replacement value.
1.b. Agricultural land Less than 10% of      Users with         (i) Cash compensation for the land lost at
   (permanently lost) total land holdings    permanent land           replacement value;
                                             use right (legal   (ii) Cash compensation for the existing trees
                                             or legalizable)          and crops at replacement cost.
                       Equal to or more      Users with         (i) Priority is given to “land-for-land”
                       than 10% total land   permanent land           compensation with similar area and
                       holdings lost.        use right (legal         productive capacity acceptable to
                                             or legalizable)          displaced people in the same commune;
                                                                      or upon request of displaced people, cash
                                                                      compensation for the land acquired at
                                                                      replacement rates;
                                                                (ii) Cash compensation for loss of existing
                                                                      crops and at replacement cost;
                                                                (iii) Subsistence allowance for change of job,
                                                                      and, training support (see Item 6 below);
                                                                                                                2
                                                                (iv) If the remaining area is less than 200 m ,
                                                                      or parcel of land is no longer viable for
                                                                      agricultural production, the displaced
                                                                      people can opt to sell the remaining land
                                                                      for the project at replacement value;




                                                                                                                                                       41
                                                   Entitled




                                                                                                                                                      42
       Impact               Application                                        Compensation policy                     Implementation Issue
                                                   Persons
                                                                (v) LURCs will be re-issued in case of area
                                                                      adjustment (area enlargement or
                                                                      reduction).
                                               Displaced        (i) Compensation at replacement cost for            Precise levels of entitlement
                                               people having          crops and trees on productive land;           for these displaced peoples
                                               temporary LURC (ii) Cash compensation at replacement cost            will be determined during
                                               (lessees of            for improvements to the land;                 preparation of the updated
                                               farming land)    (iii) Cash compensation/assistance to replace       resettlement plan in
                                                                      lost income. The amount of such               consultation with affected
                                               Displaced              assistance to depend on length of use         persons, local PCs, PMU,
                                               people directly        and severity of loss –based on average        PSC (resettlement/livelihood/
                                               farming affected       productivity over three years multipled by    gender specialists),
                                               land but without       the time land used;                           Resettlement Committee, and
                                               entitlement to   (iv) Entitlement to stabilization assistance –      PPC. Matrix of entitlements/
                                               LURC                   the level of which to depend of severity of   assistance for such non-titled
                                                                      loss (as per Item 7 below);                   displaced peoples to depend
                                               Sharecroppers    (v) Entitlement to participate in income            on severity of impact on
                                               of affected land       restoration measures sufficient to restore    livelihoods/ HH incomes,
                                                                      long term income generating capacity;         vulnerability and long term
                                                                (vi) Entitlement for cash assistance for loss of    income restoration needs.
                                                                      land occupied equivalent to 20% of land       The objectives of the
                                                                      value at replacement cost. The details of     assistance are to ensure
                                                                      eligibility to be determined during the       maintenance of household
                                                                      updating of the resettlement plan.            income levels as well as
                                                                                                                    restore the asset base and
                                                                                                                    restore/imporve income
                                                                                                                    generating capacity of affected
                                                                                                                    households.
Restricted land use     Any restriction on     Persons with         Compensation at replacement cost for any        Official right of way/safety
in road ROW/Safety      land use with causes   legal possession     losses experienced as a direct result of        zones to be applied to each
Zone beyond land        displacement           of land within the   implementation of right of way/safety zone      road segment to be formally
acquisition boundary.   (physical or           ROW/safety           restrictions                                    decided at time of detailed
                        economic), loss of     zone but outside                                                     design. Any affected
                        property (including    the land                                                             households within such right of
                        change in land         acquisition                                                          way to be included in the
                        useability)            boundary at the                                                      DMS. Restrictions on land use
                                               time of the                                                          to be publically disseminated
                                               Project cut-off                                                      in affected areas.
                                                    Entitled
       Impact              Application                                        Compensation policy                     Implementation Issue
                                                    Persons
                                                date.
2. Residential Land
Residential land    Without structures          Users with         (i) Cash compensation for the affected land
permanently lost    built thereon               permanent land          at replacement rates,
                                                use right (legal   (ii) New LURCs will be issued in case of area
                                                or legalizable)         adjustment.
                      With structures built     Users with         (i) Cash compensation for the affected land
                      thereon with              permanent land          at replacement cost,
                      remaining land            use right (legal   (ii) New LURCs will be issued in case of area
                      sufficient to be          or legalizable)         adjustment.
                                          2
                      reorganized (>60m
                                            2
                      for rural land, > 40m
                      for ward and town
                      land)
                                                Illegal users   (i) No compensation for land but displaced         Those who are physically
                                                (AHs with            people are entitled to the rehabilitation     displaced and are vulnerable
                                                houses on            packages (see Item 7 below);                  and have no alternative land
                                                encroached land (ii) Full compensation for assets associated       shall be provided with a
                                                area)                to the land lost at replacement rates.        resettlement plot in an
                                                                                                                   appropriate location.
3. Garden, pond lost (In the same parcel of land but the land is not recognized as Residential land)
Garden, pond land    Fully or partially    Users with         (i) Compensation based on agricultural land
permanently lost     affected              permanent land          for perennial crops at replacement rate ,
                                           use right (legal        with additional 50% more of the cost of
                                           or legalizable)         land in the area. The value should not be
                                                                   more than five times the quota allowed
                                                                   by the local officials.
4. Houses and structures lost
                     Fully affected        Legal owner        (i) Cash compensated for the whole
                                                                   affected structure at replacement cost of
                                                                   materials, without deduction for
                                                                   depreciation or salvaged materials;
                                                              (ii) Rehabilitation assistance if displaced
                                                                   people have to relocate or rebuild their
                                                                   main houses, specified in item 7 below.




                                                                                                                                                  43
                                                  Entitled




                                                                                                                                                        44
      Impact              Application                                          Compensation policy                        Implementation Issue
                                                  Persons
                     Partially affected        Legal owner         (i) Compensated in cash or in kind for
                     remaining area is still                            portion of affected structure at
                     viable for use                                     replacement cost of materials without
                                                                        deduction for depreciation of salvaged
                                                                        materials;
                                                                   (ii) Assistance to restore the remaining
                                                                        portion of structures into its original form.
                                                                        better.
                     Partially affected but Legal owner            Compensation in cash or in kind for the whole
                     the remaining portion                         affected structure at replacement value of the
                     is no longer viable or                        materials.,
                     repairable
                     Other structures       Legal owner            Compensation in cash or in kind for the whole
                                                                   affected structure at replacement value.
                     Graves                    Owner               Full compensation for excavation, removal,
                                                                   rebury and other reasonable costs related.
5. Trees and crops                             Owner               Cash compensation for loss of existing crops Compensation for trees
   affected                                                        at market prices and of trees at replacement        calculated on the basis of
                                                                   rates.                                              type, age, and productivity of
                                                                                                                       affected trees
6. Communal                                    Commune,            (i) Restoration of affected community               Compensation for communal
   properties                                  village authority         structures with similar or better quality; or land to be reinvested in
                                               representatives     (ii) Replacement with structures in location        replacement community
                                                                         indentified in consultation with affected     owned livelihood generation
                                                                         communities, wards and relevant               asset. Those displaced from
                                                                         authorities;                                  cooperative land to receive
                                                                   (iii) Compensation for acquired communal            priority access.
                                                                         (public) land at replacement cost for 80%
                                                                         of acquired area.
7. Rehabilitation assistance
Loss of Housing       Transfer and removal Displaced               Transportation allowance
Structure             of structures        people to be            Transportation allowance shall be provided to
                                           relocated               DPs under the following condition:
                                                                   (i) VND 2.2 million/HH if the distance is less
                                                                         than10km;
                                                                   (ii) VND 3.6 million/HH if the distance is from
                                                                         10km to less than 50 km;
                                                                   (iii) VND 6.0 million/HH if the distance is over
                                   Entitled
Impact        Application                                     Compensation policy                        Implementation Issue
                                   Persons
                                                         50km.
         Temporary             Displaced           Rental Assistance                                 For displaced people
         accommodation         people to be        Rental allowance for 4 months based on the        relocating to resettlement site,
                               relocated           following condition:                              the period of rental assistance
                                                   (i) With land in rural area: VND 120,000/         will extended until such period
                                                         member/month for 4 months                   that the resettlement site and
                                                   (ii) With land in urban: VND 144,000/             replacement housing is
                                                         member/month for 4 months                   completed.
         Self relocation       Displaced           Removal allowance
                               people to be        Displaced people who opt for self-relocation
                               relocated           are entitled to an additional assistance
                                                   equivalent to:
                                                   (i) VND 60 million if relocating outside the
                                                         commune;
                                                   (ii) VND 56 million if relocating within the
                                                         commune.
         AHs of houses,        Displaced           Incentive and bonuses
         structures,           people who will     (i) VND 2 million/HH if house is acquired
         architectural works   move 1 month              legally;
                                                                          2
                               before project      (ii) VND 20,000/m if house is settled on
                               implementation            residential land;
                                                                        2
                                                   (iii) VND 2,000/m for garden land, crop land,
                                                         aquaculture land, perennial crop land and
                                                         production forest land, if HHs has 50-
                                                         year certificate of land use rights.
                                                                       2
                                                   (iv) VND1,000/m for forest production,
                                                         perennial crop land in farm management
                                                         with contract to cultivate from owner of
                                                         land.
         Stabilization         Displaced           Subsistence Allowance                             At compensation time, the rate
         Assistance            people losing       (i) Subsistence allowance of 30 kg/member,        of allowance will be adjusted
                               equal or more             HHs for 6 months if not moving to a new     including price slippage
                               than 10%-70               location;
                               agricultural land   (ii) 30 kg of rice/member/household if
                               area                      moving to another place for 12 months
                                                   (iii) 30 kg of rice/member/HS for 18 months if
                                                         moving to a difficult place




                                                                                                                                        45
                               Displaced           Subsistence allowance                             Productive land acquired
                               Entitled




                                                                                                                                   46
Impact       Application                                   Compensation policy                       Implementation Issue
                               Persons
                           people losing       (i) Subsistence allowance of 30 kg/member,         several times for government
                           more than 70%             HHs for 6 months if not moving to a new      project shall be compensated
                           of agricultural           location;                                    based on cumulative
                           land area           (ii) Subsistence allowance of 30 kg of rice/       production of total area which
                                                     member/household for 12 months if            shall be the basis for
                                                     moving to another;                           calculating additional
                                               (iii) Subsistence allowance of 30 kg of rice/      allowance.
                                                     member/HH for 24 months if moving to a
                                                     difficult place.
         Livelihood        Displaced           (i) Cash assistance equivalent to 1.5 times        Training courses will be
         Restoration       people losing             the compensated price of agricultural land   developed depending on the
         Assistance        agricultural land         for whole acquired agricultural land area.   requirements of APs.
                           (legal                    Area for such entitlement not to exceed      Maximum level of cost
                           possession)               the maximum permitted land area per          entitlement per course as
                                                     locality.                                    specified in 3995/2009/QD-
                                               (ii) Vocation training within the province free    UBND to be waived as needed
                                                     of charge for each member of working         to ensure vocational training
                                                     age in the affected household.               program is effective in
                                                                                                  restoring livelihoods.
                           Displaced         (i) repayment of balance of lease paid;
                           people displaced (ii) compensation for any planted crops at
                           from agricultural       market value of mature crop;
                           cooperative       (iii) entitlement to participate in income
                           land.                   restoration programs;
                                             (iv) stabilization assistance equivalent to
                                                   30kg of rice/HH member for a period of 6
                                                   months.
         Social support    Poor and          Assistance for vulnerable households
                           vulnerable        a) Affected agricultural land.
                           displaced people        Support for 3 years of land lost with crops
                                                   according to severity of impact:
                                                   (i) 10%–50%: VND 1.2 million/
                                                         person/year
                                                   (ii) 50%–70%: VND 1.44 million/
                                                         person/year
                                                   (iii) Over 70%: VND1.68 million/
                                                         person/year
                                             b) Lost Residential land
                                                     Entitled
       Impact                Application                                         Compensation policy                          Implementation Issue
                                                     Persons
                                                                         Support for a period of 3 years per person
                                                                         per household according to severity of
                                                                         impact.
                                                                         (i) 30%–50%:
                                                                         Rural area: VND 960.000/person for 3
                                                                               years;
                                                                         Urban area: VND 1.08 million/person for
                                                                               3 years;
                                                                         (ii) 50% to 70%:
                                                                         Rural areas: VND 1.08 million/person for
                                                                               3 years;
                                                                         Urban area: VND 1.2 million/person for 3
                                                                               years.
                                                                         (iii) Over 70%
                                                                         Rural area: VND 1.2 million/person for 3
                                                                               year;
                                                                         Urban: VND 1.32 million/person for 3
                                                                               years.
                                                                  2
HH = household, kg = kilogram, LURC = land use rights certificate, m = square meter, km = kilometer, VND = Vietnamese dong.




                                                                                                                                                     47
48



               IX.       RESETTLEMENT IMPLEMENTATION STRATEGY

117. This chapter describes the options, strategies and steps to carry out the resettlement
process. It discusses the strategies in addressing the temporary as well as unforeseen impacts
that may emerge during and after resettlement.

A.     Options on Resettlement

118. Several options will be provided to displaced people to suit their affordability and
choices. These include the following:

       (i)    Cash Compensation
              Cash compensation at replacement value will be paid to displaced people who
              choose to resettle on their own somewhere else, or for those displaced people
              with affected land only. Decree No 84/2007/ND-CP (25 May 2007) governs the
              compensation package and eligibility for compensation. This is further
              supplemented by the latest Decree No 69/ND-CP (13 August 2009). In addition
              to cash compensation, subsidies, incentives and other support are provided to
              cover removal costs, temporary arrangements and loss of income.

       (ii)   Land for land
              Another option is land replacement of similar type and attributes acceptable to
              displaced peoples. The Government’s plan for relocation of 55 affected
              households in the proposed road projects is in-city resettlement to avoid
              economic dislocation. However, the proposed resettlement site in Duu Lau ward
              is not yet developed. Available lots will stand ready for purchase of displaced
              peoples if they so decide.

B.     Transitional Relocation Assistance

119. Relocating displaced people shall be provided with several forms of transitional
relocation assistance which include the following:

       (i)    Transport Allowance

              Relocating households will receive a transport allowance for transfer to a new
              location. The amount of allowance depends on specified location as defined
              below.

              a.     VND 2.2 million/household if the distance is less than10 km;
              b.     VND 3.6 million/household if the distance is from 10 km to less than 50 km;
              c.     VND 6.0 million/household if the distance is over 50 km.

       (ii)   Stabilization allowance

              Displaced people will receive a stabilisation allowance to offset the disruption to
              income earning capacity associated with the time required to resettle in another
              location. The stabilisation allowance is based on the number of household
              members and whether the household is required to relocate to another area or
              can rebuild on remaining affected land. The cash allowance is equivalent to 30
                                                                                                     49


                kg of rice per household member for a period of 6 months (if relocating to another
                location) or 3 months (if rebuilding on the remaining portion of affected land).

                            Table IX.1: Subsistence Allowance Rates
     Severity of loss on         Subsistence allowance
     productive land                   (per person)                      Criteria
     >10%–30%                30 kg of rice for 6 months     If not relocating
                             30 kg of rice for 12 months    If relocating
                             30 kg of rice for 24 months    If shifting to a difficult area
     >30–70%                 30 kg of rice for 6 months     If not relocating
                             30 kg of rice for 12 months    If relocating
                             30 kg of rice for 24 months    If shifting to a difficult area
     Over 70%                30 kg of rice for 12 months    If not relocating
                             30 kg of rice for 24 months    If relocating
                             30 kg of rice for 36 months    If shifting to a difficult area
kg = kilogram.

       (iii)    Rental Assistance

                The principle of “No housing, No relocation” shall be observed, However, where it
                is inevitable that housing is not yet ready, rental assistance shall be provided to
                displaced peoples during the transitory period.

C.     Temporary Impacts

120. To ensure that temporary impacts during construction are minimized, if not avoided
entirely, the civil works contract will include the following provisions: (i) contractor to pay rent for
any land required for construction work space; (ii) to the extent possible, only unused land will
be used as construction work space; and (iii) temporarily used land will be restored or improved
to its pre-Project condition. The contractors will submit to the PPC the required workspace
specifying the duration of use. Together with the DCR, the contractors will undertake the DMS
and apply the corresponding compensation and allowances for all losses as provided in the
Project Entitlement matrix.

D.     Unforeseen Impacts

121. Unforseen impacts will include any impacts not included or anticipated at the time of
preparing the resettlement plan. Such unforseen impacts may include (but not necessarily
limited to) additional displaced peoples due to change in land acquisition boundaries, displaced
peoples present at the time of or prior to the cut-off date but not included in the census;
additional losses of property not previously included in the DMS (but present in the effected
area at the time of the DMS); restrictions on land use (such as resulting from right of way/safety
zone restrictions) which were not included or anticipated at the time of the DMS. Such
unanticipated impacts will be included in the resettlement plan mitigation measures and such
mitigation measures are to be consistent with the principles and objectives of the resettlement
plan as specified in Sections 6 and 7 above. The means of inclusion will be through either a
Corrective Action Plan or Addendum to the Resettlement Plan and will require both
endorsement by the executing agency and concurrence by ADB.
50


                X.        INCOME RESTORATION AND REHABILITATION

A.     Objective and Eligibility for Income Restoration Assistance

122. The objectives of the income restoration program is to restore the long term income
generating capacity of affected households, to impove livelihoods of vulnerable households and
to mitigate short term income losses that may be experienced through subsistance support
measures. Households experiencing severe impacts on their productive assets or livelihoods
will be entitled to participated in the income restoration program. The forms and levels of income
restoration assistance vary and will be commensurate with the duration, level and severity of
impacts on livelihoods and productive assets as well as vulnerability of the affected persons.
The Project will also seek to maximize project-related work opportunities to those in the local
communities, including those affected by land acquisition. Opportunities to improve the
livelihoods of women will also be mainstreamed in various Project initiatives, including in the
income restoration program of the resettlement plan.

123. The social survey results indicate that the most severely impacted categories on
livelihood are those engaged in agriculture (83%). There are 403 households who would lose
more than 10% of their productive land. These lands are primarily used for planting vegetables
usually for households’ consumption and for sale to augment household income. These
displaced peoples will be included in the Livelihood program, along with those losing 30%–70%
of productive land. Overall, a total of 338 displaced peoples out of the 891 shall be included in
the livelihood program identified in the following sub projects:

       Truong Chinh road
             109 displaced peoples losing more than 10%–70% of productive

       Phu Dong Road
             129 displaced peoples losing more that 10%–70% of productive land

       Thuy Van Road
             100 displaced peoples losing more than 10%–70% of productive land

124. In addition to those losing privately owned productive land, a number of people will also
experience impacts on their income earning capacities due to acquisition of community
agricultural land. Such persons will also be entitled to various forms of income restoration
assistance depending on the severity of impact on household livelihoods.

B.     Livelihood Support Intervention Measures

125. The categories of affected livelihood are identified below with appropriate income
restoration measures based on the policy of Phu Tho Province specified in PPC Decision No.
3995/2009/QĐ – UBND, dated on 19 November 2009. Other measures as needed will be
developed in detail during the preparation of the updated resettlement plan in consultation with
affected persons, local authorities, mass organizations, resettlement committee, PMU, CPC and
PPC. Specialists in the field of resettlement, livelihood development and gender will also provide
support to the PMU to establish details of appropriate income restoration measures in
consultation with those affected and Project stakeholders to incorporate in the updated
resettlement plan.
                                                                                                    51



Affected Livelihood                                Income Restoration Measures
   Farmers                            Stabilisation allowance (income support) for 6–24 months
                                      Income restoration allowance (equivalent to 1.5 times the
                                      compensation value of affected land)
                                      Vocational training entitlements (provides benefit of
                                      diversifying household income sources)
     Affected businesses              Compensation for lost income
     Affected employees               Compensation for 6 months lost income
                                      Vocational training assistance
     Other affected livelihoods       Vocational training
                                      Access to finance
     Vulnerable persons               Special assistance
                                      Vocational training
                                      Access to micro-finance

        Short term strategy

126. Some of the ways to enhance capacity of displaced peoples to augment income will
focus on: (i) absorption of skilled family members of displaced peoples into the Project. The
Project will maximize opportunities to local communities during construction and project
operation. The district resettlement committee will coordinate and arrange with the Project to
absorb some family members of displaced people’s households who are skilled workers for
employment during construction as workers, masons or during operations, as maintenance
workers; employment scheme related to demolition and relocation, food for work and sweat
equity in house reconstruction.

        Long term strategy

127. The income restoration program will emphasize long term and sustainable livelihoods.
Some options to be considered include:

        (i)     Conduct of vocational skills training to fully avail of the job opportunities that will
                be generated by the project, as well as to link market demand for possible job
                referral and placement and requirements from nearby industrial factories.
        (ii)    Enhancing food security program to ensure food sources and income through
                agro-forestry farming, a practice that PAPs are currently engaged in;
        (iii)   Linking livelihood support with some existing social assistance of government
                program (Department of Labour, Invalids, and Social Affairs [DOLISA]) such as
                financing micro and small enterprises;
        (iv)    Formation of cooperatives/associations as conduits of livelihood projects.
                Cooperatives are existing in the provinces which are vehicles for promoting
                economic support and continuing capital-build – up assistance.

C.      Agricultural Enhancement Program

128. An agricultural enhancement program will be established especially targeting farmers
who remain in the project area and whose lands are partially affected. This will be implemented
by the livelihood Development specialist hired by the Project. The Specialist will coordinate with
institutions such as Department of Agriculture and Rural Development and tap other resources
52


that will provide support for extension programs that will enable affected farmers to increase
productivity from smaller productive land areas. One such program would be the development
of vegetable production for backyard gardening. Vegetable cultivation provides an opportunity to
significantly increase farm profitability. The program will establish model farms in each affected
commune; provide equipment for vegetable processing, training for local agricultural technicians
and farmers.

D.     Transitional Stabilization Assistance

129. Economically displaced displaced peoples will also be provided with transitional
assistance to offset potential losses in income while they make the transition to alternative
livelihoods. Displaced peoples losing productive land will be provided with a stabilisation
allowance in the form of a cash allowance equivalent to 30 kg of rice per household member for
periods of 3–24 months based on the severity of impact and whether or not they need to
relocate. Other displaced peoples experiencing loss of non-land based income sources are
entitled to receive an income substitution allowance equivalent to 30% of average annual
income (for businesses with tax receipts) and 6 months net wage (for affected employees). The
level of assistance for businesses without tax receipts and employees without labor contracts
will be based on the minimum wage.

E.     Skills Training Program

130. Displaced people including those losing more than 10% of productive land, relocating
displaced peoples experiencing impacts on livelihoods and displaced employees will be entitled
to participate in one short term vocational training courses free of charge for a limited period.
The main State provider of vocational training is the Provincial DOLISA. DOLISA’s training
programs consist of three main forms of vocational training consisting of (i) regular training
programs at vocational training centres (short courses of up to 3 months as well as long courses
of up to two years); (ii) industry specific training programs geared towards specific needs of
local industries to support their recruitment intakes; and (iii) outreach rural training programs
targeted to the needs and capacities of trainees in rural communities (such as cottage based
livelihoods, light industry, basic mechanics, etc.). Vulnerable displaced peoples or otherwise
considered in special need for livelihood restoration or development will be considered for
extended training beyond the period specified above. Such will be decided on a case by case
basis to be proposed by the local People’s Committee, Women’s Union, PMU and decided by
the resettlement committee.

F.     Special Measures to Support Vulnerable Groups

131. Vulnerable displaced peoples (including those classified as poor or near poor) will be
entitled to participate in the income restoration program. Such assistance may include
participation in vocational training, loan assistance, and other form of support to improve their
income generating capacity.

                           XI.        RESETTLEMENT BUDGET

A.     Resettlement Budget Estimate

132. The resettlement budget is estimated at VND 268,104,310,953 (approximately
$13,405,216). The summary of resettlement cost estimates are presented in Table XI.1.The
costs for resettlement include: Direct Resettlement Costs (compensation, transitional
                                                                                               53


allowances, income restoration assistance); Indirect Resettlement Costs (replacement cost
study, EMO); Administration Costs (2% of direct resettlement costs); and Contingency Costs
(10% of direct resettlement costs). The resettlement budget will be revised and updated as part
of the process of updating the resettlement plan. Revision of the resettlement budget will include
updating replacement cost values, revised costs based on finalized income restoration program
costs and inclusion of any resettlement costs not anticipated in the preparation of the draft
resettlement plan.

133. The resettlement budget prepared for the draft resettlement plan is an estimate based
on estimated replacement costs for affected property at the time of preparing the draft
resettlement plan. During updating of the resettlement plan, compensation rates will be regularly
updated through the conduct of replacement cost survey by a qualified agency and will be
reviewed and approved by the PPCs to ensure that payments to displaced people will be at
replacement cost at the time of compensation. The replacement costs applied in the updated
resettlement plan are to be valid for the time of payment of compensation. Should there be a
significant delay between the time preparing and approving the updated resettlement plan and
disbursement of compensation (3–6 months) the replacement cost study will be updated to
ensure compensation rates are equivalent to replacement values. The terms of reference for the
conduct of replacement cost is attached to the resettlement plan.

134. The budget for the resettlement plan will be financed by the Government. The
resettlement committee will be responsible for the disbursement of the compensation,
allowances and assistance funds. The resettlement budget funds will be subject to thorough
fudiciary monitoring and auditing. Disbursement of entitlements to affected persons will also be
closely monitored by the CPC, PMU and EMO.

135.   A summary of the estimated resettlement budget is set out below.

                          Table XI.1: Resettlement Budget Estimate

 Item                                                    VND                    $
 A Direct Resettlement Costs
     Phu Dong Road                                  71,572,321,156          3,578,616
     Truong Chinh Road                             117,159,313,420          5,857,966
     Thuy Van Road                                  48,415,071,632          2,420,754
 Subtotal Direct Resettlement Costs                237,146,706,208         11,857,335
 B Indirect Resettlement Costs
     External Monitoring Agency                       2,000,000,000           100,000
     Replacement Cost Study                             500,000,000            25,000
 Subtotal Indirect Resettlement Costs                 2,500,000,000           125,000
 C Administration Costs                                                            -
     Administration (2% of A)                         4,742,934,124           237,147
 D Contingency Costs
     Contingecy (10% of A)                          23,714,670,621          1,185,734
 E Grand Total (A+B+C+D)                           268,104,310,953         13,405,216
VND = Vietnamese dong.

136. Additional resources will also be provided by the Project to prepare and implement the
updated resettlement plan which are costed elsewhere in the overall Project budget. These
include:
54


      a.     Dedicated officers within the Social and Environment Unit of the PMU including
             resettlement, gender and social specialists.

      b.     Specialist consultants in the Project Supervision Assistant team including the
             following specialists:

             (i)     Resettlement specialist (international 3 person-months, national 24
                     person-months);
             (ii)    Social/gender/community development and livelihoods specialist
                     (international 10 person-months, national 22 person-months);
             (iii)   Monitoring and evaluation specialist (international 5 person-months;
                     national 10 person-months)

      c.     Project funded program to mobilize and provided capacity development of the
             Women Union to enable their effective engagement in social development
             activities throughout project implementation, with special emphasis on ensuring
             effective consultation with affected women as well as livelihood development for
             women displaced peoples and displaced people’s households headed by
             women. (Refer to the Gender Action Plan).

      d.     Other Provincial Line Agencies and mass organizations to be mobilized in
             support of implementation of the Resettlement Plan (refer also to the section on
             Institutional Arrangements).

137. The details of the cost by Project component for Phu Dong Road, Truong Chinh Road
and Thuy Van Road are presented in Tables XI.2–XI.4.
                          TableXI.2: Direct Resettlement Cost Estimates for Phu Dong Road Component
                                                                                    Unit Price
A.    PHU DONG ROAD                    Description          Unit       Quantity      (VND)       Amount (VND)      Amount ($)
1     Compensation for land
                                                               2
1.1   Dữu Lâu ward            Residential land               m          22,962.20      700,000    16,073,540,000       803,677
                                                               2
                              Agricultural Land              m          58,702.20       50,064     2,938,866,941       146,943
                                                               2
                              Aquaculture land               m           8,359.60       35,420       296,097,032        14,805
                                                               2
1.2   Phượng Lâu ward         Residential Land               m             132.60      375,000        49,725,000         2,486
                                                               2
                              Agricultural land              m         105,934.00       50,064     5,303,479,776       265,174
      Subtotal Land                                                                               24,661,708,749     1,233,085
2     Compensation for Housing Structure
                                                               2
2.1   Dữu Lâu ward            Level IV                       m           1240.00     2,250,000     2,790,000,000       139,500
                                                               2
                              Level III                      m            470.00     3,000,000     1,410,000,000        70,500
                                                               2
                              (Toilet, kitchen, etc.)        m            623.00     7,000,000     4,361,000,000       218,050
                                                               2
2.2   Phượng Lâu ward         Brick yard                     m            800.00        60,000        48,000,000         2,400
                                                               2
                              Wall                           m            640.00        60,000        38,400,000         1,920
                                                               2
                              well                           m             11.00     1,080,000        11,880,000           594
      Subtotal Structures                                                                          8,659,280,000       432,964
3     Transitional Resettlement Assistance
3.1   Dữu Lâu ward
      Transport allowance     Removal cost/transport      relocating         7.00    5,080,000        35,560,000         1,778
                                                             HHs
      Rental assistance        Entitlement Est per HH =   relocating         7.00    2,592,000        18,144,000          907
                               (VND144,000/HH member         HHs
                               x 4.5 HH member x 4
                               months)
      Self-relocation          Estimate based on          relocating         7.00   60,000,000       420,000,000        21,000
      Allowance                assumption all resettled      HHs
                               HHs will self-relocate.
                               Otherwise funds
                               contributed to
                               development of
                               resettlement site.
3.2   Phượng Lâu ward




                                                                                                                                 55
                                                                                                                                    56
                                                                                      Unit Price
A.    PHU DONG ROAD                 Description                 Unit      Quantity     (VND)        Amount (VND)      Amount ($)
      Transport allowance      Removal cost/transport        relocating        0.00    5,080,000
                                                                HHs
      Rental assistance       Entitlement Est per HH =       relocating        0.00     2,592,000
                              (VND144,000/HH member             HHs
                              x 4.5HHM x 4 months)
      Self-relocation         Est based on assumption        relocating        0.00    60,000,000
      Allowance               all resettled HHs will self-      HHs
                              relocate. Otherwise funds
                              contributed to devt of
                              resettlement site.
      Sub-Total Transitional Resettlement Assistance                                                    473,704,000        23,685
4     Income Restoration Assistance
4.1   Dữu Lâu ward
      Stablization assistance Ave estimate per person         person         234.00     4,320,000     1,010,880,000        50,544
      for farming households for 30kg rice/HH member x
                              6-36 months
                                                                    2
      Change of Livelihood    (acquired area x                  m         88,053.30       50,064      4,408,300,411       220,415
      Support for Lost        replacement cost x 1.5)
      Agricultural Land
                                                                    2
      Change of Livelihood    (acquired area x                  m         12,539.40       35,420        444,145,548        22,207
      Support for Lost        replacement cost x 1.5)
      Agricultural Land
      Vocational              Farming HHs x working           person         504.00     4,000,000     2,016,000,000       100,800
      training/Extension est  age members
      Assistance to displaced Estimate of compensation         HHs           168.00                  16,800,000,000       840,000
      people displaced from   for income loss and                                     100,000,000
      Commune Owned           income restoration
      Agricultural Land       measures per household.
4.2   Phượng Lâu ward
      Stablization assistance Ave estimate per person        persons         662.00     4,320,000     2,857,680,000       142,884
      for farming households for 30kg rice/HH member x
                              6-36 months
                                                                    2
      Change of Livelihood    (acquired area x                  m          1,860.00       50,064         93,119,040         4,656
      Support for Lost Agr    replacement cost x 1.5)
      Land
                                                                                         Unit Price
 A.    PHU DONG ROAD                   Description                 Unit      Quantity     (VND)       Amount (VND)        Amount ($)
       Vocational training     Farming HHs x working              person        996.00    4,000,000     3,984,000,000        199,200
                               age members
       Subtotal Income Restoration Assistance                                                           31,614,124,999      1,580,706
 5     Social Support
 5.1   Duu Lau                 poor and near poor                  HH            78.00   20,250,000      1,587,600,000        79,380
                               households relocating or
                               losing more than 10%
                               productive land
 5.2   Phuong Lau Ward         poor and near poor                  HH           207.00   20,250,000      4,187,700,000       209,385
                               households relocating or
                               losing more than 10%
                               productive land
       Subtotal Social Support                                                                           5,775,300,000       288,765
 6     Restoration Communal
       Resource
                                                                         2
                               Compensation for loss of             m        18,093.00       21,456        388,203,408        19,410
                               commune owned
                               agricultural land.
       Subtotal Restoration Communal Resources                                                              388,203,408        19,410
       Grand total                                                                                    71,572,321,156.00     3,578,616
                              2
HH = householdkg = kilograms, m = square meter, VND = Vietnamese dong.




                                                                                                                                        57
                                                                                                                     58
                     Table XI.3: Direct Resettlement Cost Estimates – Truong Chinh Road Component
TRUONG CHINH ROAD                   Description        Unit   Quantity     Unit Price   Amount(VND)          USD
1  Compensation on land
                                                         2
   Vân Phú                     Residential land        m         5,239     1,400,000     7,334,600,000    366,730
                                                         2
                               Annual Cropping Land    m           655        50,064        32,791,920      1,640
                                                         2
    Kim Đức                    Residential Land        m        20,943       700,000    14,660,100,000    733,005
                                                         2
                               Annual Cropping Land    m        11,267        50,064       564,071,088     28,204
                                                         2
                               Wood and fuit land      m         1,852        50,064        92,718,528      4,636
                                                         2
    Phượng Lâu                 Residential land        m        22,717       700,000    15,901,900,000    795,095
                                                         2
                               Annual Cropping Land    m      77758.58        50,064     3,892,905,549    194,645
                                                         2
                               Acquaculture Land       m         23391        35,420       828,537,556     41,427
                                                         2
                               Productive Forest       m          3068        11,200        34,367,200      1,718
                               Land
                                                         2
                               Orchard Land            m        574.03        50,064        28,738,238       1,437
                                                         2
    Hùng Lô                    Residential Land        m         4,800       700,000     3,360,000,000     168,000
                                                         2
                               Annual Cropping Land    m        12,669        50,064       634,270,829      31,714
                                                         2
                               Orchard Land            m        574.03        50,064        28,738,238       1,437
                                                         2
                               Aquaculture land        m        23,392        35,420       828,544,640      41,427
                                                         2
                               Forest land             m        13,799        11,200       154,548,800       7,727
    Sub-total Compensation Land                                                         48,376,832,586   2,418,842
2   Housing tructures /Secondary Structures                                                          0           0
                                                         2
    Van Phu                    Level IV                m         4,011     2,250,000     9,024,750,000     451,238
                                                         2
                               Level III               m         3,724     3,000,000    11,172,000,000     558,600
                                                         2
                               toilet, kitchen, cage   m         1,643     7,000,000    11,501,000,000     575,050
                                                         2
                               Brick yard              m         2,322        60,000       139,320,000       6,966
                                                         2
                               Cement yard             m           291        19,000         5,529,000         276
                                                         2
                               Wall                    m         2,228        60,000       133,680,000       6,684
                                                         2
                               well                    m            27     1,080,000        29,160,000       1,458
    Sub-total Compensation Structures                                                   32,005,439,000   1,600,272
3   Transitional Resettlement Assistance
    Van Phu
                               Transport allowance     HH          28                      142,240,000      7,112
                               Rental assistance       HH          28      2,592,000        72,576,000      3,629
                               Self-relocation         HH          28     60,000,000     1,680,000,000     84,000
                               allowance
    Kim Duc                    Transport allowance     HH           7      5,080,000       35,560,000       1,778
                               Rental assistance       HH           7      2,592,000       18,144,000         907
TRUONG CHINH ROAD                     Description         Unit    Quantity    Unit Price   Amount(VND)        USD
                                Self-relocation           HH             7   60,000,000     420,000,000     21,000
                                allowance
    Phuong Lau                  Transport allowance                     2     5,080,000      10,160,000        508
                                Rental assistance                       2     2,592,000       5,184,000        259
                                Self-relocation                         2    60,000,000     120,000,000      6,000
                                allowance
    Hung Lo                     Transport allowance       HH           11     5,080,000      55,880,000      2,794
                                Rental assistance         HH           11     2,592,000      28,512,000      1,426
                                Self-relocation           HH           11    60,000,000     660,000,000     33,000
                                allowance
    Sub-total Transitional Resettlement Assistance                                         3,248,256,000   162,413
4   Income Restoration Assistance
    Van Phu                     Stablization             person         0     4,320,000               0         0
                                assistance for farming
                                households
                                                              2
                                Change of Livelihood      m        982.50        50,064      49,187,880      2,459
                                Support for Lost
                                Agricultural Land
                                Vocational training/     person         0     4,000,000               0         0
                                Extension estimate
    Kim Duc                     Stablization             person        95     4,320,000     408,240,000     20,412
                                assistance for farming
                                households
                                                              2
                                Change of Livelihood      m        16,900        50,064     846,106,632     42,305
                                Support for Lost
                                Agricultural Land
                                                              2
                                Change of Livelihood      m          2,778       50,064     139,077,792      6,954
                                Support for Lost
                                Agricultural Land
                                Vocational training/     person        63     4,000,000     252,000,000     12,600
                                Extension estimate
    Phuong Lau                  Stablization             person       243     4,320,000    1,049,760,000    52,488
                                assistance for farming
                                households
                                                              2
                                Change of Livelihood      m       116,637        50,064    5,839,358,324   291,968
                                Support for Lost




                                                                                                                     59
                                Agricultural Land
                                                                                                                      60
TRUONG CHINH ROAD                  Description          Unit    Quantity    Unit Price   Amount(VND)          USD
                                                           2
                              Change of Livelihood       m       35,087        35,420    1,242,806,334      62,140
                              Support for Lost
                              Agricultural Land
                                                            2
                              Change of Livelihood      m          4,602       11,200       51,550,800       2,578
                              Support for Lost
                              Agricultural Land
                                                            2
                              Change of Livelihood      m           861        50,064       43,107,357       2,155
                              Support for Lost
                              Agricultural Land
                              Vocational training/     person       162      4,000,000     648,000,000      32,400
                              Extension estimate
                              Income restoration for    HH          157    100,000,000   15,700,000,000    785,000
                              displaced people
                              displaced from
                              commune owned
                              agricultural land.
                              Estimate of
                              compensation for
                              income loss and
                              income restoration
                              measures per
                              household.
   Hung Lo                    Stablization             person       153      4,320,000     660,960,000      33,048
                              assistance for farming
                              households
                                                            2
                              Change of Livelihood      m        19,003        50,064      951,406,243      47,570
                              Support for Lost
                              Agricultural Land
                                                            2
                              Change of Livelihood      m           861        50,064       43,107,357       2,155
                              Support for Lost
                              Agricultural Land
                                                            2
                              Change of Livelihood      m        35,088        35,420     1,242,816,960     62,141
                              Support for Lost
                              Agricultural Land
                              Vocational training/     person       102      4,000,000     408,000,000      20,400
                              Extension estimate
   Sub-total Income Restoration Assistance                                               29,575,485,679   1,478,774
 TRUONG CHINH ROAD                       Description        Unit    Quantity   Unit Price    Amount(VND)          USD
 5  Social Support
    Truong Chinh Road               poor and near poor      HH          174    20,250,000     3,523,500,000    176,175
                                    households relocating
                                    or losing more than
                                    10% productive land
      Sub-total Social Support                                                                3,523,500,000    176,175
 6    Restoration Communal Resource
                                                                2
                                Compensation for loss       m        20,031       21,456       429,800,155      21,490
                                of commune owned
                                agricultural land.
      Sub-total Restoration Communal Resources                                                  429,800,155      21,490
      Grand Total                                                                           117,159,313,420   5,857,966
                 2
HH = household, m = square meter, VND = Vietnamese dong.




                                                                                                                          61
                        Table XI.4: Direct Resettlement Cost Estimates for Thuy Van Road Component




                                                                                                                                       62
                                                                                           Unit Price
 A.    Thuy Van Rd                            Description           Unit    Quantity        (VND)        Amount (VND)     Amount ($)
 1     Compensation on land
                                                                        2
 1.1   Thuy Van                      Annual Cropping Land           m       51,758.00           50064     2,591,212,512         129,561
       Subtotal Compensation Land                                                                         2,591,212,512         129,561
 2     Compensation on Housing Structure                                                                              0               -
                                                                        2
       Thuy Van                                                     m                  0     2,250,000                0               -
       Subtotal Structures
 3     Transitional Resettlement Assistance
       Thuy Van
 4     Income Restoration Assistance
 4.1   Thuy Van
       Stablization assistance for   Ave estimate per person for   person         450        4,320,000    1,944,000,000          97,200
       farming households            30kg rice/HH member x 6–
                                     36 months
                                                                        2
       Change of Livelihood Support (acquired area x                m          77,637          50,064     3,886,818,768         194,341
       for Lost Agricultural Land    replacement cost x 1.5)
       Vocational training/Extension Farming HHs x working age     person         300        4,000,000    1,200,000,000          60,000
       est                           members
       Assistance to people          Estimate of compensation       HHs           323                    32,300,000,000       1,615,000
       displaced from Commune        for income loss and income                            100,000,000
       Owned Agricultural Land       restoration measures per
                                     household.
       Subtotal Income Restoration Assistance                                                            39,330,818,768       1,966,541
 5     Social Support                                                                                                                 -
 5.1   Thuy Van                      poor and near poor             HH            100       20,250,000    2,025,000,000         101,250
                                     households relocating or
                                     losing more than 10%
                                     productive land
       Subtotal Social Support                                                                            2,025,000,000         101,250
                                                                        2
 6     Restoration Communal          Compensation for loss of       m         208,242          21,456     4,468,040,352         223,402
       Resource                      commune owned agricultural
                                     land.
       Subtotal Restoration Communal Resources                                                            4,468,040,352   223,402
       Grand total                                                                                       48,415,071,632        2,420,754
                 2
HH = household, m = square meter, VND = Vietnamese dong.
                                                                                                63



                       XII.       INSTITUTIONAL ARRANGEMENTS

A.     The City People’s Committee (CPC)

138. The CPC, thru the Department of Planning and Investment is the executing agency and
will oversee all subproject activities including resettlement.

B.     Project Management Unit (PMU)

139. The PMU will provide technical assistance to the local administrative authorities,
including resettlement planning and implementation. Together with the PSC, the PMU will work
closely with the administrative authorities and concerned departments by providing technical
plans, designs and project activities and schedule of the proposed project in order for all parties
to identify and minimise the potential effects on land and people and to make sure that all
resettlement plan activities are properly addressed and implemented prior to construction
activities. The PMU will be responsible for internal monitoring of resettlement plan
implementation and the preparation of quarterly resettlement progress reports.

C.     Resettlement Committee

140. A resettlement committee will be established under the PPC and/or under each People’s
Committee at the level of City/District in each of the subproject areas. Details related to the
establishment and composition will be determined by the CPC of Viet Tri. The role of the
resettlement committee will include the following: (i) coordinate and manage resettlement
activities with PMU and commune People’s Committees; (ii) verify census and oversee conduct
of the DMS; (iii) carry out consultation and disclosure activities, (iv) develop and implement
income restoration programs; (v) along with the relevant local administrative authorities, carry
out timely delivery of compensation payment and other entitlements to affected persons; and
(vi) act as members of the grievance redress committee. The resettlement committee shall be
chaired by the deputy director of the relevant People’s Committee and include members of
relevant provincial line agencies (such as DOLISA), mass organizations (at least the Women’s
Union), PMU and representatives of affected households.

D.     Relevant Provincial Government Line Agencies

141. Certain Provincial Government agencies will assist in the updating and implementation
of the resettlement plan as well as participate in the resettlement committee as needed. These
will include:

       (i)     DOLISA, which will support the implementation of the income restoration
               programs to economically displaced displaced peoples as well as extension of
               poverty alleviation programs to vulnerable displaced peoples;
       (ii)    Department of Environment and Natural Resources, which will support in
               preparation of the updated resettlement plan;
       (iii)   Department of Agriculture and Rural Development, which will assist in
               development and implementation of agricultural extension programs to affected
               displaced people farmers.
       (iv)    Other government agencies as determined by the PPC to ensure effective
               implementation of the resettlement plan.
64


E.     Local Administrative Authorities

142. The concerned local administrative authorities comprise the local Ward/Commune
People’s Committees and local village/neighbourhood chiefs. They play a very important role in
the planning and implementation of resettlement-related activities. Their roles and
responsibilities are to:

       (i)      Serve as members of the resettlement committee
       (ii)     Coordinate and work closely with the concerned stakeholders in relation to the
                conduct of consultation, census and DMS and other resettlement-related
                activities;
       (iii)    Act as grievance officers and ensure that grievance are resolved;
       (iv)     Assist displaced peoples during the negotiation and compensation process;
       (v)      Involve the local-based organisations to carry out the resettlement plan activities;
       (vi)     Certify the list of displaced peoples and sign compensation documents; and
       (vii)    Monitor and register new settlers in the area. The local authorities will be
                responsible for informing residents and new settlers not to construct
                houses/structures in the areas where there will be improvement/ construction.

F.     Local Mass Organisations

143. Mass organisations relevant to the various displaced people profiles, needs and impacts
will participate in the development and implementation of assistance measures for displaced
peoples. Mass organisations in Vietnam are types of civil society organizations/CBOs. Such
organisations involved in the update and implementation of the resettlement plan would include
the Fatherland Front, Women’s Union, Farmer’s Union and other relevant organisations.

G.     Project Supervision Consultants (PSC)

144. The PSC will include one international resettlement specialist and at least one local
resettlement specialist on an intermittent basis to assist and supervise all social and
resettlement-related activities. Their responsibilities include the following:

       (i)      Work closely with the PMU, Centre for Development of Land and Housing, local
                authorities and resettlement committees at all levels on all resettlement-related
                activities;
       (ii)     Assist in the conduct of the information campaigns and community participation;
       (iii)    Assist in the verification of census, inventory of losses and detailed measurement
                survey activities;
       (iv)     Check the accuracy of the displaced people database prepared and provide
                improvements if necessary;
       (v)      Assist in the preparation of an updated resettlement plan;
       (vi)     Assist and improve, if necessary, procedures for the coordination of resettlement
                and compensation activities;
       (vii)    Ensure that grievances are addressed promptly and properly;
       (viii)   Establish and implement liaison mechanisms to ensure proper technical and
                logistical support to PMU, local administrative authorities, resettlement
                committees and concerned government departments;
       (ix)     Establish and implement procedures for ongoing internal monitoring;
                                                                                              65


       (x)    Design and deliver capacity development activities for all relevant agencies, as
              needed, in the areas of ADB resettlement policy; participation and
              communication; gender and development; and livelihood restoration.


                       XIII.      IMPLEMENTATION SCHEDULE

145. The procedures for phasing and transfer of displaced peoples shall follow the
established provisions of the Government in accordance to Decree 69/2009/ND-CP dated 13
August 2009. Specific steps are established in Articles 27,28,29,30 and 31 of Section 4 Chapter
2 of Decree 69/2009.

       (1)     Determine Scale of Land
       Upon approval of the project, the project proponent shall prepare the requirements and
submit to the provinces the investment portfolio required for land acquisition.

       (2)      Establish District Resettlement Committees-
       Upon receiving the documents from the Project proponent, the People’s Committee of
the respective provinces shall establish district resettlement committee tasked to review the
compensation measures. It is required that a Representative from the Project Proponent shall
be a part of the resettlement committee

       (3)    Establish Project Demarcation Line
              Upon approval of the project by the People’s committee, a boundary for land
              clearance will be demarcated to mark actual land to be acquired by the Project.
              This activity will be led the District Office of Natural Resources, Environment and
              Housing, and other relevant government bodies, including the Project Proponent.

       (4)    Approval of Land Acquisition Plan
              Within a period of 10 days, the resettlement committee shall submit to the
              People’s Committee, the land acquisition plan for approval. The People’s
              Committee shall approve the land acquisition plan within 3 days, and establish
              protocol requirement and guidelines to the local district committees. An allotted
              time 90 days is given to notify households with affected agricultural land, and 180
              days to other category of land. The notice shall be posted on public areas and
              written notices shall be given to displaced peoples. The resettlement committee
              shall conduct consultation meetings with displaced peoples to notify them of the
              project and make inventory of affected assets. The purpose of this meeting is to
              inform displaced peoples on the policies and entitlements, timeframe for
              implementation, responsibilities and grievance mechanisms.

       (5)    Detailed Measurement Study
              A DMS will be conducted by the Project Proponent to verify and validate actual
              land requirement and impacts. During this activity, adjustment and necessary
              modification shall be done. The DMS shall commence also for resettlement plan
              updating to include those who were not identified during the feasibility study.

              During the DMS, the resettlement committee shall provide forms to displaced
              peoples for them to fill up, showing extent of affected land, structures and other
              assets. These forms shall be handed back to the resettlement committee within a
              period of 5 days.
66



           Actual validation on the declared types of losses shall be validated by the
           resettlement committee and the Project proponent so that appropriate action can
           be immediately resolved and correct any misrepresentation on the declared lost
           assets. The validation shall be done within a period of 10 days and results of
           these will be used in the updating of the resettlement plan as well as a document
           for legal and monitoring purposes.

     (6)   Disclosure of resettlement plan and Compensation Measures
           After the resettlement plan has been updated, the ADB shall review and approve
           the draft updated resettlement plan before implementation of compensation
           measures. ADB and the PPC will agree on the cost to ensure that replacement
           cost on assets have been established and given to displaced peoples.
           Amendment on the resettlement plan shall be undertaken to incorporate agreed
           cost at replacement value. Public disclosure of the resettlement plan to the public
           shall be undertaken to allow affected households to identify their losses and
           settle any dispute. The resettlement plan will be posted for 20 days in accessible
           areas for public viewing which include the following information: (i) Full names
           and addresses; (ii) type of affected land (iii) price of land (iv) entitlements and
           benefits (v) other forms of assistance.

           After disclosure of the draft resettlement plan, the resettlement committee shall
           document the feedback from displaced peoples and incorporate
           recommendations of displaced peoples to amend the compensation measures.
           The time allotted for review and amendment is 7 days. A second disclosure shall
           be done for final review of displaced peoples. This will be done in a period of 3
           days.

           The compensation measures shall then be submitted to the displaced people’s
           Chairman for approval within a period of 3 days. An Entitlement Booklet
           specifying the compensation benefits and entitlements shall be provided to
           displaced people which shall serve as their legal basis for entitlement.

     (7)   Payment of Compensation
           The Project Proponent shall be responsible for paying the compensation for
           displaced peoples in coordination with the resettlement committee. The
           resettlement committee shall supervise the payment and proper documentation
           of the payment procedures and receipts shall be done to ensure proper payment
           procedures.

     (8)   Handing over of Land
           After payment of compensation, displaced peoples are obliged to hand over the
           portion of land paid to the resettlement committee. Within a period of 3 days, the
           resettlement committee shall formally hand over the land acquired to the Project
           Proponent.
                                                                                                     67


                          Table XIII.1: Resettlement Activity Schedule
Activity                                                                                  Timing
Establishment of Resettlement Committee and Grievance Redress Committee (at               Month 2
city/provincial level)
Confirmation of alignment and land acquisition boundaries                                 Month 6
Land acquisition demarcation                                                              Month 7
Consultations with key stakeholders, local People’s Committees and civil society          Month 7
Mass Organizations. Establish Resettlement Redress Mechanism at
Ward/Commune Level.
Resettlement Plan Updating
Review and update Entitlement Matrix                                                     Month 7
Confirmation of resettlement site preparation arrangements                               Month 7
Mobilization of EMA                                                                      Month 7
Train resettlement staff                                                                 Month 8
Engagement of EMA                                                                        Month 8
Information campaigns before DMS                                                         Month 8
Conduct Census/DMS/SES                                                                   Month 9
Conduct replacement cost study by qualified appraiser                                    Month 9
Preparation of compensation plan                                                         Month 10
Conduct consultations                                                                    Month 10
Update the resettlement plan document                                                    Month 11
Updated resettlement plan endorsed by executing agency and submitted to ADB for          Month 12
review and concurrence
ADB provides concurrence to updated resettlement plan. Updated resettlement plan         Month 13
disclosed to displaced peoples and uploaded on ADB website
Disbursement of compensation and assistance, as well as commencement of                  Month 14
income restoration strategy,
Resettlement and land clearance.                                                         Month 17
ADB issues notice of “no objection” to commencement of civil works. Issuance of          Month 18
notice to proceed for civil works
Grievance redress mechanism operation                                                  Month 2–60
Implementation of income restoration program                                           Month 14–60
Internal monitoring (quarterly)                                                        Month 7–60
External Monitoring (semi-annually)                                                    Month 7–60
Uploading of external monitoring reports to ADB website                                Month 6–60
Post-resettlement evaluation by External Monitor                                        Month 60
ADB = Asian development Bank, DMS = detailed measurement survey, EMA = external monitoring agency, SES =
socioeconomic survey



                        XIV.         MONITORING AND REPORTING

A.      Internal Monitoring

146. The executing agency is directly responsible for internal monitoring of resettlement plan
implementation. In particular, the executing agency with assistance from the PSC will supervise
and manage monitoring of resettlement activities and implementation arrangements.

147. The executing agency will provide quarterly reports to ADB. The executing agency will
ensure that the reports of the PSCs include in their progress reports, the status of the
resettlement plan implementation, information on location and numbers of people affected,
compensation amounts paid by item, and assistance provided to displaced peoples.
68


148. The ADB will also monitor these activities in its regular supervision missions during the
period of project implementation.

149. The objectives of the monitoring program are (i) to ensure that the standard of living of
displaced peoples are restored or improved; (ii) to monitor whether the overall project and
resettlement objectives are being met; (iii) to assess if rehabilitation measures and
compensation are sufficient; (iv) to identify problems and risks; and (v) to identify measures to
mitigate problems.

150.   The range of activities and issues that need to be recorded and verified, include:
       (i)    Compensation, allowance payments and delivery of assistance measures;
       (ii)   Re-establishment of displaced people settlements and business enterprises;
       (iii)  Reaction of displaced peoples, in particular, to resettlement and compensation
              packages; and
       (iv)   Re-establishment of income levels.

1.     Internal Monitoring Indicators

151. The principal indicators for internal monitoring of resettlement activities include the
following:

       (i)     Timely and complete disbursement of compensation to displaced peoples
               according to the compensation policy agreed in the resettlement plan;
       (ii)    Timely and complete delivery of relocation, income restoration and rehabilitation
               allowances and measures;
       (iii)   Allocation of replacement land and development of individual and/or group
               resettlement sites and infrastructure;
       (iv)    Public information dissemination and consultation procedures;
       (v)     Adherence to grievance procedures and identification of outstanding issues that
               require further attention and resolution;
       (vi)    Attention given to the priorities of displaced peoples regarding the options
               offered;
       (vii)   Completion of resettlement activities required before the award of civil works
               contracts.

2.     Internal Monitoring Data Collection and Report

152. The executing agency will establish a database for resettlement monitoring data. It will
establish procedures for the collection of data on a monthly basis, and update the database.

153. On a quarterly basis, the executing agency will prepare a resettlement monitoring report.
The report will be submitted to the Project Director, executing agency/PMU, for approval and,
following, to ADB. The report will summarise progress on resettlement activities and will notify
ADB of approval by the executing agency of any changes, as required, to the implementation of
the resettlement plan. The scope of the report will include:

       (i)     The number of displaced peoples by category of impact, district, commune and
               village, and the status of compensation payments, displaced people relocation
               and income restoration measures for each category.
       (ii)    The status of disbursement of cash and allocation of replacement land and
               housing.
                                                                                                69


       (iii)   The amount of funds allocated and disbursed for (a) resettlement program
               operations, and (b) compensation, assistance and resettlement activities.
       (iv)    The activities, levels of participation, outcomes and issues of the Information
               Dissemination and Consultation Program.
       (v)     The status and outcomes of complaints and grievances and any outstanding
               issues requiring further attention by provincial or district authorities, or ADB
               assistance.
       (vi)    Implementation problems, including delays, lack of personnel or capacity,
               insufficient funds, etc.; proposed remedial measures; and, revised resettlement
               implementation schedule.

B.     External Monitoring and Evaluation

154. The project will establish a program for external monitoring and evaluation with the
following objectives:

       (i)     To verify that the resettlement program has been implemented in an accurate
               and timely manner, in accordance with the approved Final resettlement plan and
               Project policies and objectives.
       (ii)    To assess whether and to what degree the resettlement program has achieved
               the Project objectives, namely that displaced peoples are able to restore their
               livelihoods, incomes and standards of living to levels equal to, if not better than,
               that which they had before the Project.
       (iii)   To identify problems or potential problems and methods of mitigating problems in
               a timely manner.

155. The EMO will be recruited by the executing agency and will commence its work prior to
the DMS, and will carry out independent bi-annual reviews of resettlement plan to determine
whether intended goals are being achieved, and if not, what corrective actions are needed.

1.     External Monitoring Objectives, Indicators and Issues

156. A part from reviewing and assessing the activities during resettlement plan updating, the
general objective for external monitoring is to provide an independent periodic review and
assessment of (i) the achievement of resettlement objectives, (ii) changes in living standards
and livelihoods, (iii) the restoration of the economic and social conditions of the displaced
peoples, (iv) the effectiveness, impact and sustainability of assistance measures, (v) the need
for further mitigation measures, if any, and (vi) to identify strategic lessons for future policy
formulation and planning. The table in this section presents a range of indicators to be included
in the external monitoring of the resettlement program. The EMA will address specific issues
including the following:

       (i)     Payment of compensation, against the following criteria: (a) compensation in
               cash or in kind sufficient to replace affected land, crops and trees; (b)
               compensation for structures equivalent to replacement costs at current market
               prices for materials, materials transport and labor, with no deduction for
               depreciation or the value of salvageable materials; and (c) payment in full prior to
               land acquisition and with sufficient time to permit displaced peoples to rebuild
               structures and/or harvest crops.
       (ii)    Coordination of resettlement activities with construction schedule: All
               compensation must be paid in full, income rehabilitation measures initiated and
70


              displaced peoples relocated out of the corridor of impact prior to award of civil
              works contracts. Income rehabilitation activities, while initiated prior to award of
              civil contracts, may continue over a longer time period as needed.
      (iii)   Provision of technical assistance for house construction for displaced peoples
              who are required to rebuild their houses, either on remaining land, on individual
              resettlement sites or on a plot in a group resettlement sites.
      (iv)    The extent to which displaced peoples are able to restore livelihoods and living
              standards: The provision of technical assistance, allowances and other
              measures, and to what extent displaced peoples are able to restore livelihoods
              and living standards to pre-project levels. Special attention should be given to (a)
              severely affected displaced peoples and other vulnerable displaced peoples
              groups, (b) displaced peoples that relocate, (c) displaced peoples that must re-
              establish businesses and enterprises, (d) displaced peoples who undertake new
              economic and livelihood activities, and (e) host communities.
      (v)     Public consultation and awareness of resettlement policies: The EMO should
              monitor to ensure that (a) displaced peoples are fully informed and consulted
              about land acquisition, leasing and relocation activities, and (b) displaced
              peoples and other stakeholders are aware of the compensation and entitlements
              policies and various options available to displaced peoples as provided in the
              agreed resettlement plan. The EMO should participate in at least one meeting
              per district of each stage of consultation and information dissemination activities
              to monitor public consultation procedures, problems and issues that arise during
              the meetings and solutions that are proposed.
      (vi)    The level of satisfaction of displaced peoples with the provisions and
              implementation of the resettlement plan: This will be assessed, reviewed and
              recorded by the EMO, including the efficiency and equity of grievance redress
              mechanisms.
      (vii)   Trends in living standards: Throughout the resettlement plan implementation
              process, the EMO will observe and conduct surveys to monitor the progress
              displaced peoples are making to restore living standards. Special attention will be
              paid to any differences based on gender, ethnicity or other relevant factors. Any
              potential problems in the restoration of living standards will be reported.

2.    External Monitoring Methodologies

157. The methods for external monitoring and evaluation of land acquisition, compensation
and resettlement activities include:

      (i)     DMS and Replacement Cost Survey (RCS): The DMS and RCS data will be
              entered into a database to document: (a) socio-economic status of displaced
              peoples, (b) nature and extent of losses, and (c) entitlements for compensation
              and other assistance. The resulting data will be made available to the EMO, to
              establish a baseline for monitoring and evaluating project benefits.

      (ii)    SES: The SES is designed to provide a clear comparison of the success and/or
              failure of the resettlement program to restore their livelihoods and living
              standards. In general, if there is a significant lag time between census and SES
              and actual land acquisition, demographic and socio-economic factors may
              change significantly. For this project, if land acquisition does not occur for at least
              two years after the original SES, the EMO will carry out another SES. A post
              resettlement survey will also be undertaken 6–12 months following completion of
                                                                                                    71


                resettlement activities. Each time the SES is conducted, the same displaced
                peoples will be interviewed. Special attention is to be paid to the inclusion of
                women, poor, landless and other vulnerable groups, with set questions for
                women and other target groups. The database is to disaggregate information by
                gender, geographic and social group.

        (iii)   Participatory rapid appraisals (PRA) methods: In the intervals between
                administrations of the SES, periodic PRA methods permit the EMO to consult
                with various stakeholders such as local authorities, resettlement committees,
                implementing agencies, NGOs, community leaders and displaced peoples. PRA
                methods will involve obtaining information, identifying problems and finding
                solutions through participatory means including: (a) key informant interviews with
                local leaders, NGOs and resettlement committees; (b) consultations on specific
                topics such as compensation payment, income restoration and relocation; (c)
                community public meetings to discuss community losses, integration of resettled
                displaced peoples in host communities or construction work employment; (d)
                structure direct field observations, for example, of resettlement site development;
                (e) formal and informal interviews with displaced peoples, women, other
                vulnerable groups and host communities; and (f) in-depth case studies of
                problems as identified by internal or external monitoring and required special
                efforts to resolve.

3.      Database Management and Storage

158. The EMO will maintain computerised resettlement databases that will be updated every
six months. They will contain files on each displaced people and will be updated based on
information collected on successive rounds of data collection. All monitoring databases will be
fully accessible to implementing agencies and the ADB.

4.      Reporting

159. Every six months, the EMO will submit an external monitoring report to the executing
agency and directly to ADB. The report should summarise the findings of the EMO, including: (i)
progress of resettlement plan updating and implementation, including any deviations from the
provisions of the resettlement plan; (ii) identification of problem issues and recommended
solutions so that implementing agencies are informed about the ongoing situation and can
resolve problems in a timely manner; (iii) identification of specific issues related to vulnerable
displaced peoples, as relevant; and (iv) a report on progress of the follow-up of issues and
problems identified in the previous report.

160. The monitoring reports will be discussed in a meeting between the EMO, the executing
agency and PMU held after submission of the reports. Necessary remedial actions will be taken
and documented.

                       Table XIV.1 Monitoring and Evaluation Indicators
Type                Indicator                           Examples of Variables
Process         Consultation,    Number of consultation and participation programs held with various
Indicator       Participation    stakeholders
                Procedures in        Census and asset verification/quantification procedures in place
                Operation            Effectiveness of compensation delivery system
                                     Number of land transfers effected
72


Type            Indicator                         Examples of Variables
                              Coordination between implementing agencies and other agencies
Output      Buildings         Number, type and size of private houses/structures acquired
Indicator                     Number, type and size of community buildings acquired
            Trees and Crops   Number and type of private trees acquired
                              Number and type of government/community trees acquired
                              Number and type of crops acquired
                              Crops destroyed by area, type and number of owners
            Compensation      Number of households affected (land, buildings, trees, crops)
            and               Number of owners compensated by type of loss
            Rehabilitation    Amount compensated by type and owner
                              Number and amount of payment paid
                              Household compensation payments made to both male and
                              female heads of households
                              Number of persons with severely affected livelihoods provided
                              with income restoration assistance;
                              Types of livelihood restoration assistance provided by number of
                              persons and types of livelihoods impacted;
                              Disbursement of livelihood restoration assistance by type of
                              assistance, types of impacted livelihoods and number of
                              beneficiaries;
                              Data to be disaggregated by gender
Impact      Restoration of    Level of restoration of impacted livelihoods/income sources by
Indicator   Livelihoods       type of impacted livelihood;
                              Effectiveness of income restoration measures to create/restore
                              livelihoods;
            Changes to        Participation in community-based programs
            Status of Women   Participation in commercial enterprises
                              Changes in livelihood activities, income and control of self earned
                              income
            Changes to        School attendance rates (male/female)
            Status of         Education achievement levels (male/female)
            Children          Health and access to health services (vaccinations up to date,
                              health monitoring, malnutrition rates 0-5 years.)
            Settlement and    Growth in number and size of settlements;
            Population        Satisfaction with resettlement site living conditions;
                              Maintenance of establishment of new social networks;
                              Growth in local market areas;
MITIGATION OPTIONS




                     Appendix 1
                     73
74    Appendix 2.1


                            Socioeconomic Survey Questionnaire

1. Address
City/Province:                                     District:
Ward/Commune:                                      Resident Group/Living Quarter:
No. of Household Record Book:                      Code of Affected Household:
2. Information about Household’s Head
Name:
Age:                                               Sex :               1. Male  2. Female
Marital Status:          1. Married 2. Widow 3. Divorced/Separate 4. Single
Ethnicity:               1. Kinh 2. Khmer 3. Chinese 4. Other _________ (specify)
Name of the spouse
3. Family members
                                                          Male         Female     Total
 1      Existing members of the family
 1.1    0–4 years old
 1.2    5–14 years old
 1.3    15–60 years old
 1.4    >60 years old
 2      Members currently going to schools
 2.1    5–14 years old
 2.2    15–24 years old
 3      Employment situation of members in labor age (15 tuổi +)
 3.1    Full-time job
 3.2    Part-time job
 3.3    Unemployed and looking for job now
 3.4    Retired or unemployment and not looking for
        job (not co nt ng household chores)
4. The household is classified as:
  1.    Poor                                            5. Disabled
  2.    Nearly poor                                     6. Government’s beneficiaries
  3.    Just escaped from poverty                            beneficiaries
  4.    Single elderly                                  7. Other (specify)
Note: Poor households are based on the classification of MOLISA.
Households just escaped from poverty are the ones who were poor in the last two years.
5. Households headed by women
1.     Is the household’s head a woman? (FHH)                                            Yes / No
2.     Is there any sub-household inside the big family? If yes, is it headed by         Yes / No
       female?
3.     Is the household’s female head working at the moment?                             Yes / No
If the household’s female head is working, indicate her with the “*”
                                                                           Appendix 2.2       75


                          INVENTORY OF LOSS (IOL) – Affected Households

PROVINCE                          DISTRICT                       COMMUNE/WARD

NAME OF HOUSEHOLD'S HEAD                                         CODE:


Current total area of land (including other places outside project's area):
1. Resident: _____________m2                   2. Agriculture: _______________m2
3. Other (specify                              ): ____________ m2

1. AFFECTED LAND
Type         Total
  of   No  affected          Temporary Permanent                Legitimacy             Co-ordinate
land   of    area             acquired  acquired Classification   of land               of affected
 use  plot   (m2)               (m2)      (m2)      of land      use right             land (L–R )
  1     2      3                 4         5           7              8                      9
                                                                                      L __________
                                                                                      R _________
                                                                                      L __________
                                                                                      R _________

Note
(1) Type of land:             1. Annual crops 2. Perennial trees 3. Aqua-culture
                              4. Intensive cultivation of crops and aqua-products 5. Forestry
                              6. Salt production 7. Rural residential land 8. Urban residential land
(7) Location and              By decision of the local government
classification:
(8) Legitimacy of land use    1. Legal use ( with LURC or LURC in progress)/years of use
right:                        2. Illegal occupied / years of use
                              3. Rent/years of use
                              4. Reclamation/years of use

2. MAIN STRUCTURES
                                                         Constructed                            The
            Total                   Rented by HH        area/quantity/                       remaining
                                     3                            2
            area                  (10 VND/month)           unit (m )         Affected       part can be
 Type of     of            Aim of         Rental               Affected                     used or not
structure   land     Class using Yes VND/month         Total     area   Directly Indirectly (Yes/ No)
    1         2       3       4      5        6          7       8        10        11          12



(1) Classification   1. Class 1: Villas
of main structure:   2. Class 2: Concrete floor, high quality building materials and equipment
                     3. Class 3: Concrete floor, medium quality building materials and equipment; 4.
                     Class 4: Brick wall, wooden frame roof with tiles or corrugated iron
                     5. Temporary house: bamboo or wooden frame, corrugated iron or thatch roof
76      Appendix 2.2


2.1     Is there any house being built on the land mentioned in question 1? ? Yes ___No _____
2.2     If Yes, please specify the number of plot: ___________
2.3     If No, whose land is your house built on? ___________________________________
2.4     What is your relationship with the land owner in 3.2? ______________________________
2.5     No. of HH record book of the land owner (in 3.4) ___________ [code of AP: __________)

3. AUXILIARIES
   Type of                     Affected Part
                                                            Main building          How are the auxiliaries
  auxiliaries
                        M2          M       Quantity         materials                   affected?
  structures
       1                2           3           4                  5                          6




Type of auxiliaries:
1- eaves                    5 -kiosk                        9 - fence               13. Other: (specify)
2- outhouse                 6 -animal breeding facilities   10- grave
3 -private latrine          7 -well                         11 - septic tank/pit
4 –private kitchen          8 -concrete yard                12 - sewer

4. TREES, CROPS, AQUA PRODUCTS, AND SALT ON AFFECTED LAND
                                                 Legitimacy of land use right
 No.                            Diameter/              Collaborate
  of                           productivity/         with others to     Rent for
 plot   Type     Unit Quantity  year/crop    Owner     exploit land   exploitation
  1        2      3      4          5          6            7              8



5. OTHER LOSS (INCLUDING INCOME)
                                                                                           Total income
 TT          Type of loss                No. of plot/area     Calculation method         (103 VND)/ month)
1       Lease of house


2       Lease of shop


3       Land lease


4       Income loss from other
        sources (specify)
Note:
                                                                           Appendix 2.2          77


6. BUSINESS
 AFFECTED BUSINESS
                                            1. Company; 2. Stockholder; 3. Individual trade
1. Form of business :                       registration/ family business ; 4. No trade registration; 5.
                                            Other
                                Yes
2. Business registration :                  3. Operation period                      (year )
                                No
3. Type of business
4. After tax revenue (average)                                                       (VND/ month )
   With tax receipt: Self-declaration;
   Other (specify)
5. Non-taxable revenue (average)                                                   (VND/ month)
                                                     1. Own ; 2. Rent (with contract); 3. Rent (no
6. Business space
                                                     contract); 4. Free use
7. Area of business space                                                          m2
8. Rental (if any)                                                                 (VND/month )
9. Affected employee
                                   With
                                  labor
    Names of affected           contract?                                Working     Average income
      employees                 (Yes/ No)           Position             period*      (VND/month)




Time Code:       1. Full-time; 2. Part-time; 3. Seasonal; 4 Other       Note (if needed):

………………………………………………………………………………………………………………………
………………………………………………………………………………………………………
78       Appendix 2.2


                             INVENTORY OF LOSS (IOL) – Public Property

PROVINCE                           DISTRICT                         COMMUNE/WARD

NAME OF HOUSEHOLD'S HEAD                                            CODE:


a- Current total area of land (including other places outside project's area) :
1. Resident: _____________m2 2. Agriculture: _______________m2
3. Other (specify……………………………………….. ): ____________ m2

1. AFFECTED LAND
Type         Total
  of   No  affected          Temporary Permanent                Legitimacy                Co-ordinate
land   of    area             acquired  acquired Classification   of land                  of affected
 use  plot   (m2)               (m2)      (m2)      of land      use right                land (L–R )
  1     2      3                 4         5           7              8                         9
                                                                                         L __________
                                                                                         R _________
                                                                                         L __________
                                                                                         R _________

Note
(1) Type of land:             1. Annual crops; 2. Perennial trees; 3. Aqua-culture; 4. Intensive
                              cultivation of crops and aqua-products; 5.Forestry; 6. Salt production; 7.
                              Rural residential land; 8. Urban residential land

(7) Location and              By decision of the local government
classification:
(8) Legitimacy of land use    1. Legal use ( with LURC or LURC in progress)/years of use; 2. Illegal
right:                        occupied / years of use; 3. Rent/years of use; 4. Reclamation/years of
                              use

2. MAIN STRUCTURES
                                                           Constructed                            The
             Total                  Rented by HH          area/quantity/                       remaining
                                     3                              2
             area                 (10 VND/month)             unit (m )         Affected       part can be
 Type of      of           Aim of         Rental                 Affected                     used or not
structure    land    Class using Yes VND/month           Total     area   Directly Indirectly (Yes/ No)
     1        2         3      4      5         6         7         8        10       11          12



(1) Classification      1. Class 1: Villas
of main structure:       2. Class 2: Concrete floor, high quality building materials and equipments
                        3. Class 3: Concrete floor, medium quality building materials and equipments;
                        4. Class 4: Brick wall, wooden frame roof with tiles or corrugated iron
                        5. Temporary house: bamboo or wooden frame, corrugated iron or thatch roof
                                                                                Appendix 2.2        79


2.1     Is there any house being built on the land mentioned in question 1? ? Yes ___No _____
2.2     If Yes, please specify the number of plot: ___________
2.3     If No, whose land is your house built on? ___________________________________
2.4     What is your relationship with the land owner in 3.2? ______________________________
2.5     No. of HH record book of the land owner (in 3.4) ___________ [code of AP: __________)

3. AUXILIARIES
    Type of                  Affected Part
                                                           Main building          How are the auxiliaries
   auxiliaries
                        M2       M       Quantity           materials                   affected?
   structures
        1               2        3           4                    5                            6




Type of auxiliaries:
1- eaves                     5 -kiosk                    9 - fence                13. Other: (specify)
2- outhouse                  6 -animal breeding          10- grave
                             facilities
3 -private latrine           7 -well                     11 - septic tank/pit
4 –private kitchen           8 -concrete yard            12 - sewer

4. TREES. CROPS, AQUA PRODUCTS, AND SALT ON AFFECTED LAND
                                                  Legitimacy of land use right
                                Diameter/
No. of                                       Owner     Collaborate        Rent for
        Type     Unit Quantity productivity/
 plot                                                 with others to    exploitation
                                year/crop
                                                       exploit land
  1       2       3      4          5          6            7                 8



5. OTHER LOSS (INCLUDING INCOME)
                                                                                         Total income
TT            Type of loss            No. of plot/area       Calculation method
                                                                                      ( 103 VND)/ month)
1       Lease of house


2       Lease of shop

3       Land lease

4       Income loss from other
        sources (specify)

Note:
80     Appendix 2.2


6. BUSINESS
 AFFECTED BUSINESS
                                              1. Company; 2. Stockholder; 3. Individual trade
1. Form of business :                         registration/ family business ; 4. No trade registration; 5.
                                              Other
                                Yes
2. Business registration :                    3. Operation period                      (year )
                                No
3. Type of business
4. After tax revenue (average)                                                         (VND/ month )
 With tax receipt: Self-claimation; Other
(specify)
5. Non-taxable revenue (average)                                                     (VND/ month)
                                                       1. Own ; 2. Rent (with contract); 3. Rent (no
6. Business space
                                                       contract); 4. Free use
7. Area of business space                                                            m2
8. Rental (if any)                                                                   (VND/month )
9. Affected employee
                                   With
                                  labor
     Names of affected          contract?                                  Working     Average income
       employees                (Yes/ No)             Position             period*      (VND/month)




 Time Code:      1. Full-time; 2. Part-time; 3. Seasonal; 4 Other         Note (if needed):

7. OPINIONS REGARDING COMPENSATION AND RESETTLEMENT ( for households losing
   their land or houses)

Could you please give your opinion about :
 1   Compensation for land
     By cash                                         ��      By replacement land                         ��
 2   Compensation for resettlement
     Receive payment in cash and find a place        ��      Receive land and built house in             ��
     themselves                                             resettlement area
     Receive land in the resettlement area and       ��
     build the house themselves according to
     prescribed design.

      HH's Head                 Surveyor                Land officer            PC of ward/commune
                                                      (or village head)

      (signature)               (signature)               (signature)                  (signature)

Date  month year
==========================================================================
                                                                     Appendix 2.2       81


Remarks (if any):
8. OPINIONS REGARDING COMPENSATION AND RESETTLEMENT ( for households losing
   their land or houses)

Could you please give your opinion about :
 1 Compensation for land
     By cash                                 ��     By replacement land                       ��
 2 Compensation for resettlement
     Receive payment in cash and find a      ��     Receive land and built house in           ��
     place themselves                              resettlement area
     Receive land in the resettlement area   ��
     and build the house themselves
     according to prescribed design.

     HH's Head                 Surveyor            Land officer          PC of ward/commune
                                                 (or village head)


      (signature)             (signature)           (signature)              (signature)


       (name)                   (name)                (name)                   (name)

                              Date   month year
========================================================================
Remarks (if any):
82       Appendix 2.3


                                              MASTER LIST

TRUONG CHINH ROAD

                                                            Acquired Land
                                                                             Cost
                                                              2
     Name                          Land Cat      Total area (m )   Loss     (VND)     Total (VND)
     Nguyễn Thị Thảo Nguyên        Resident            287         287.0    500,000    143,515,000
     Lã Văn Việt                   Resident            260.3       170.3    500,000     85,170,000
     Nguyễn Xuân Kỳ                Resident            546.4        75.2    500,000     37,590,000
     Trần Đăng Nhung               Resident            182.5        10.8    500,000      5,420,000
     Trần Văn Bằng                 Resident            310.3        10.7    500,000      5,370,000
     Nguyễn Thị Phúc               Resident            603         602.2    500,000    301,110,000
     Nguyễn Mạnh Cờng              Resident            309.2       309.2    500,000    154,605,000
     Nguyễn Mạnh Hùng              Resident            358.6       358.6    500,000    179,310,000
     Vũ Văn Điều                   Resident            659.1       431.9    500,000    215,925,000
     Nguyễn Văn Tuyến              Resident            200.2       200.2    500,000    100,075,000
     Cao Văn Dũng                  Resident            250.4       250.4    500,000    125,210,000
     Cao Xuân Du                   Resident            184.5       184.5    500,000     92,270,000
     Nguyễn Thị Lâm                Resident            431.8       394.4    500,000    197,205,000
                                   Resident            492.3       320.2    500,000    160,090,000
                                   Resident            416.7       209.0    500,000    104,505,000
     Trần Thanh Bích               Resident            543.5       280.8    500,000    140,385,000
     Trần Văn Phú                  Resident            233.9       130.5    500,000     65,235,000
                                   Resident             93.1        64.7    500,000     32,345,000
     Nguyễn Việt Cờng              Resident            211.06      211.1    500,000    105,530,000
     Cao Văn Chung                 Resident            236.6       197.9    500,000     98,935,000
                                   Resident            152.6        32.4    500,000     16,190,000
                                   Resident            811.1        54.5    500,000     27,260,000

PHU DONG
                                                          Affected Land
                                          Total area                                   Total area
                                                2                                            2
 Name                         Land cat       (m )       Loss       Cost     Total         (m )
 Đỗ Tát Hùng                  Resident         846,8      792,80            500 000    396 400 000
 Đỗ Tát Phi                   Resident        2389,6    1 617,00            500 000    808 500 000
 Đỗ Tát Phi                   Resident         833,8      633,20            500 000    316 600 000
 Đỗ Thị Tuyết                 đất nông         622,3      329,40     52,9    35 760     11 779 344
                               nghiệp
 Dơng Thị Nhâm                Resident        2192,5    1 687,50            500 000     843 750 000
 Lê thị Khu                   Resident        5064,4    2 230,70            500 000   1 115 350 000
 Lê thị Khu                   Resident         838,5      838,50            500 000     419 250 000
 Dơng Thị Liên                Resident        1343,2      521,80            500 000     260 900 000
 Đỗ Tất Kiên                  Resident         349,9      253,20            500 000     126 600 000
 Triệu Xuân Long              Resident        1104,6      676,70            500 000     338 350 000
 Dơng Thị Thơm                Resident         418,9      418,90            500 000     209 450 000
 Khu Hơng Trầm                Resident        2265,6      680,70            500 000     340 350 000
 Nguyễn Thị Thanh             Resident        1623,9       10,50            500 000       5 250 000
 Trơng Thị Độ                 Agri Land         1606      861,00     53,6    35 760      30 789 360
                              Agri Land                    14,10             35 760         504 216
 Vũ Cát Long                  Resident           100      100,00            500 000      50 000 000
 Nguyễn Văn Đạt               Resident        1298,6      665,50            500 000     332 750 000
 Bà Nguyên Sơn                Agri Land         2297      338,20     14,7    35 760      12 094 032
                                                                        Appendix 2.3        83


                                                    Affected Land
                                      Total area                                       Total area
                                            2                                                2
Name                      Land cat       (m )      Loss       Cost        Total           (m )
                          Agri Land                  113,10                35 760        4 044 456
Dơng Văn Đức, Định        Agri Land      2458,9    2 458,90      100       35 760       87 930 264
 Ông Đồng                 Agri Land      2194,4       58,80       2,7      35 760        2 102 688
 Ông Tuân                 Agri Land      2414,5    2 204,70     91,3       35 760       78 840 072
Đỗ Văn Ky                 Agri Land        1919       61,20       3,2      35 760        2 188 512
Nguyễn Thị Minh           Agri Land        1080      235,00     21,8       35 760        8 403 600
Nguyễn Văn Nam            Agri Land        1080      104,80       9,7      35 760        3 747 648
Vũ Thị Quỳnh              Agri Land        1300      144,20     11,1       35 760        5 156 592
Nguyễn Thị Hoa            Agri Land        2340       77,90       3,3      35 760        2 785 704
Nguyễn Văn Xã             Agri Land        2160      263,20     12,2       35 760        9 412 032
Ông Tập                   Agri Land        2080      168,30       8,1      35 760        6 018 408
Nghĩa trang Quế Trạo      cemetery       2814,8      756,90                35 760       27 066 744
Nguyễn văn Bắc, Bà Tý,    Agri Land        7500      743,90      9,9       35 760       26 601 864
Ông Luật, Hảo Toản, Phú
Đào
Lê thị Hồng, ông Thơm     Agri Land        2500      230,40      9,2       35 760        8 239 104
Ô Luật, Ô Thơm, ô Minh    Agri Land      1828,5    1 582,60     86,6       35 760       56 593 776
Đất quy hoạch Nghĩa       Agri Land      4215,2      340,20      8,1       35 760       12 165 552
trang khu Quế Chạo
Nguyễn Thị Hải            Agri Land         648       32,20      5,0       35 760        1 151 472
Lê Văn Hữu                Agri Land        1606    1 062,60     66,2       35 760       37 998 576
Nguyễn Văn Nam, Lê Thị    Agri Land        4500      999,30     22,2       35 760       35 734 968
Hồng, Hoa May, Bà Hồi,
Ông Hoè
Khu san ủy                Agri Land      8092,4      435,50      5,4       35 760       15 573 480
Lê Văn Nhật               Agri Land         800      195,60     24,5       35 760        6 994 656
Bà Viên                   Agri Land        1310      120,80      9,2       35 760        4 319 808
Ô Thế                     Agri Land        1440      472,60     32,8       35 760       16 900 176
Lê Thị Hồi                Agri Land        3600      433,50     12,0       35 760       15 501 960
Nguyễn Thị Giới,          Agri Land        1800      129,70      7,2       35 760        4 638 072
Nguyễn Văn Tuân           Agri Land        1121       46,30      4,1       35 760        1 655 688
Nguyễn Xuân Thuỷ          Agri Land         700        3,70      0,5       35 760          132 312
Nguyễn Thị Hảo            Agri Land        3240       37,30      1,2       35 760        1 333 848
Vĩnh Niệm, Dơng Thị       Resident       1193,8    1 064,30               500 000      532 150 000
Bích Nhạ
Trơng Thị Triều           Resident        3181,9   2 178,10               500 000   1 089 050 000
Nguyễn Văn T              Agri Land         1800     263,50     14,6       35 760       9 422 760
Nguyễn Viết Vơng          Agri Land          612      49,10      8,0       35 760       1 755 816
Nguyễn Thị Quỳ            Agri Land         1080     250,20     23,2       35 760       8 947 152
Nguyễn Văn Nam, Lê        Agri Land     2 611,50   2 611,50                35 760      93 387 240
Văn Thể, Nguyễn Thị
Nhể, Nguyễn Thị Hiệp,
Nguyễn Thị Hoa, Nguyễn
Thị Giới, Nguyễn Văn
Quảng
 Nguyễn Thị Loan          Agri Land        1800     708,00      39,3       35 760       25 318 080
Đỗ Văn Lục                Agri Land        1697      20,40       1,2       35 760          729 504
Nguyễn Văn Quyền          Agri Land         720     162,40      22,6       35 760        5 807 424
Lê Văn Vinh               Agri Land        2160     707,20      32,7       35 760       25 289 472
Lê Công Anh               Agri Land        1440      67,50       4,7       35 760        2 413 800
Nguyễn Thị Quyền          Agri Land         900      37,90       4,2       35 760        1 355 304
84    Appendix 2.3


                                                       Affected Land
                                        Total area                                  Total area
                                              2                                           2
 Name                       Land cat       (m )       Loss       Cost     Total        (m )
 Nguyễn Thị Hà              Agri Land         2154      154,10      7,2    35 760     5 510 616
 Nguyễn Văn Quảng           Agri Land         1800      424,00     23,6    35 760    15 162 240
 Lê Thị Nến                 Agri Land         1470      330,80     22,5    35 760    11 829 408
 Nguyễn Thị Lý              Agri Land         1800      228,40     12,7    35 760     8 167 584
 Lê Công Trí                Agri Land           400     248,20     62,1    35 760     8 875 632
 Lê Thị Hơng                Agri Land           360      24,20      6,7    35 760       865 392
 Lê Thị Tiệp                Agri Land           450      70,80     15,7    35 760     2 531 808
  Đinh Xuân Bờng            Resident        1624,2    1 281,30            500 000   640 650 000
  Đỗ Thị Y                  Resident        1990,3       11,00            500 000     5 500 000
  Đỗ Tất Kỳ                 Resident        1919,3    1 905,20            500 000   952 600 000
 Nguyễn Văn Xuân            Agri Land         2250      218,70      9,7    35 760     7 820 712
  Đỗ Ngọc Đạt               Resident         554,2       94,00            500 000    47 000 000
  Đỗ Thị Thử                Resident         693,8      423,70            500 000   211 850 000
 Nguyễn Viết Vấn            Resident          1142    1 142,00            500 000   571 000 000
  Đỗ Tất Chửng              Resident         870,2      866,00            500 000   433 000 000
  Đỗ Tất Đọn                Resident        1616,4      555,40            500 000   277 700 000
 Nguyễn Văn Ninh            Agri Land           884     112,20     12,7    35 760     4 012 272
 Đỗ Xuân Bờng, Nguyễn       Agri Land         2650      853,40     32,2    35 760    30 517 584
 Văn Trang, Đỗ Tất Trí
 Đỗ Thị Lệnh                Agri Land         720       421,40     58,5    35 760    15 069 264
  Đỗ Thị Do                 Agri Land        1105       474,50     42,9    35 760    16 968 120
 Dơng Văn Trác              Agri Land         933        13,10      1,4    35 760       468 456
  Đỗ văn Thụy               Agri Land        1260        44,30      3,5    35 760     1 584 168
  Đỗ Tất Sáng, Đỗ Tất Thể   Agri Land        2895     1 051,70     36,3    35 760    37 608 792
  Đỗ Tất Thích              Agri Land        2140       460,40     21,5    35 760    16 463 904
  Đỗ tất Thiển              Agri Land        2580       142,80             35 760     5 106 528
 Thiển                       Ponds                    1 203,10     60,0    25 300    30 438 430
 Tạ Văn Cát                 Agri Land        1990       110,20      5,5    35 760     3 940 752
 Đỗ Tất Hùng                Agri Land         410        66,30     16,2    35 760     2 370 888
  Đỗ tất Dậu                Agri Land         986        23,00      2,3    35 760       822 480
 Nguyễn Văn Vấn             Agri Land        1068        39,20      3,7    35 760     1 401 792
 Đỗ Tất Nên                 Agri Land        1039       115,70     11,1    35 760     4 137 432
 Dơng Văn Công              Agri Land        1189        73,70      6,2    35 760     2 635 512
 Dơng Văn Thơm              Agri Land         870        35,80      4,1    35 760     1 280 208
  Đỗ Tất Thành, Đỗ Tất      Agri Land         796        47,70      6,0    35 760     1 705 752
 Việt
  Đỗ Tất Sáng               Agri Land         795       28,80       3,6    35 760     1 029 888
 Dơng Thị Thuận             Agri Land         419       25,10       6,0    35 760       897 576
  Đỗ Tất Thể                Agri Land        1890       85,30       4,5    35 760     3 050 328
 Trơng Đình Quang           Agri Land         424       26,40       6,2    35 760       944 064
 Nguyễn Thị Loan            Agri Land         708       43,30       6,1    35 760     1 548 408
 Lê Thị Trung               Agri Land         823       16,30       2,0    35 760       582 888
 Đỗ Thị Thơ                 Agri Land         424       18,50       4,4    35 760       661 560
 Dơng Thị Thu               Agri Land         939       35,80       3,8    35 760     1 280 208
 Hán Thị Lày                Agri Land         766       11,60       1,5    35 760       414 816
 Đỗ Thị Huân                Agri Land         520       41,60       8,0    35 760     1 487 616
 Nguyễn Thị Hòa             Agri Land         557       27,60       5,0    35 760       986 976
 Dơng Văn Định              Agri Land         660       20,80       3,2    35 760       743 808
 Dơng Thị Hoa(Dậu)          Agri Land        1432       79,60       5,6    35 760     2 846 496
 Đỗ Tất Nữ                  Agri Land         600       23,30       3,9    35 760       833 208
 Nguyễn Thị Chiến           Agri Land         551       15,40       2,8    35 760       550 704
                                                                       Appendix 2.3        85


                                                    Affected Land
                                     Total area                                       Total area
                                           2                                                2
Name                     Land cat       (m )       Loss       Cost       Total           (m )
Nguyễn Thị Lý            Agri Land           446      48,10     10,8      35 760        1 720 056
Tạ Văn Minh              Agri Land           780      46,40      5,9      35 760        1 659 264
Đỗ Tất Tráng             Agri Land           540      37,60      7,0      35 760        1 344 576
Đỗ Tất Cấp               Agri Land           620      45,50      7,3      35 760        1 627 080
Vinh Tuấn                Agri Land           720      41,10      5,7      35 760        1 469 736
Dơng Văn Thứ             Agri Land           690      31,70      4,6      35 760        1 133 592
Bà Tâm                   Agri Land         1429       40,60      2,8      35 760        1 451 856
Bà Năm                   Agri Land           590      42,80      7,3      35 760        1 530 528
Dơng Thị Xuân            Agri Land           345      32,90      9,5      35 760        1 176 504
Đỗ Tất Thắng             Agri Land         1893       53,00      2,8      35 760        1 895 280
Nguyễn Thị Hạnh          Agri Land           453      30,40      6,7      35 760        1 087 104
Nguyễn Văn Xuân          Agri Land           939      52,30      5,6      35 760        1 870 248
Tạ Thị Hòe               Agri Land           572      25,60      4,5      35 760          915 456
Đỗ Tất Sáu               Agri Land           450      27,60      6,1      35 760          986 976
Đỗ Tất Trửng             Agri Land         1639       75,00      4,6      35 760        2 682 000
Đỗ Tất Vững              Agri Land           527      17,90      3,4      35 760          640 104
Nguyễn Văn Vơng          Agri Land           378      26,70      7,1      35 760          954 792
Lê Thị Vân               Agri Land           283      16,80      5,9      35 760          600 768
Dơng Thị Th              Agri Land           780      66,70      8,6      35 760        2 385 192
Đỗ Tất Đạt               Agri Land           773      20,60      2,7      35 760          736 656
Đỗ Ngọc Tiến             Agri Land           336      13,60      4,0      35 760          486 336
Đỗ Tất Nụ                Agri Land           464      30,20      6,5      35 760        1 079 952
Dơng Thị Tứ              Agri Land           575      45,70      7,9      35 760        1 634 232
Tạ Thị Liên              Agri Land           349      22,90      6,6      35 760          818 904
Đỗ Tất Khuê              Resident            672     153,90              500 000       76 950 000
Nguyễn Thị Hồng          Agri Land           890      24,70      2,8      35 760          883 272
Đỗ Thị Đàm               Agri Land           873      50,00      5,7      35 760        1 788 000
Đỗ Tất Tráng             Agri Land           595      28,00      4,7      35 760        1 001 280
Tạ Văn Luận              Agri Land           658      24,00      3,6      35 760          858 240
Đỗ Tất Đa                Agri Land           979      41,50      4,2      35 760        1 484 040
Đỗ Tất Thảm              Agri Land         1447      112,10      7,7      35 760        4 008 696
Dơng Văn Hùng            Agri Land         1116       33,20      3,0      35 760        1 187 232
Dơng Văn Đức             Agri Land         1303       69,30      5,3      35 760        2 478 168
Bà Quỳ                   Agri Land           640      49,20      7,7      35 760        1 759 392
Dơng Đình Phúc           Resident         480,7      414,10              500 000      207 050 000
Tạ Thị Gia               Agri Land         1159       88,60      7,6      35 760        3 168 336
Dơng Văn Trác            Resident      1 077,00      799,30              500 000      399 650 000
Dơng Văn Cảnh            Resident         202,2      133,20              500 000       66 600 000
Bà Phong                 Agri Land           750      13,10      1,7      35 760          468 456
Chị Mậu                  Agri Land           590       9,60      1,6      35 760          343 296
Phan Thị Ninh            Agri Land         1860       83,90      4,5      35 760        3 000 264
Dơng Văn Ân              Agri Land         2869       50,30      1,8      35 760        1 798 728
Đỗ Tất Đông              Agri Land       2435,8    1 622,40     66,6      35 760       58 017 024
Đỗ Thị Thắm, Dơng Thị    Agri Land                    94,00               35 760        3 361 440
Nguyệt, Nguyễn Thị Vân
Nguyễn Thị Nhẫn          Agri Land         760        30,00      3,9      35 760        1 072 800
Nguyễn Thị Thành         Agri Land        1000        44,90      4,5      35 760        1 605 624
Đỗ Tất Phi               Agri Land        2716     1 377,80     50,7      35 760       49 270 128
Ông Chiến, Ô Thái        Agri Land                   237,60               35 760        8 496 576
Bà Thê                   Agri Land        1792       350,90     19,6      35 760       12 548 184
Đỗ Cửu                   Agri Land        1300       183,90     14,1      35 760        6 576 264
86   Appendix 2.3


                                                    Affected Land
                                     Total area                                  Total area
                                           2                                           2
 Name                    Land cat       (m )       Loss       Cost     Total        (m )
 Hán Văn Kiếm            Agri Land         1587      529,20     33,3    35 760    18 924 192
 Bà Quỳ                  Agri Land         2000      178,20      8,9    35 760     6 372 432
 Nguyễn Thị Dần          Agri Land         2161      124,10      5,7    35 760     4 437 816
 Lê Thị Lỡng             Agri Land         1764      123,40      7,0    35 760     4 412 784
 Bà Tâm                  Agri Land         1429      423,80     29,7    35 760    15 155 088
 Bà Tuất                 Agri Land           730     386,20     52,9    35 760    13 810 512
 Đỗ Tất Dậu Hoa          Agri Land         1432      355,10     24,8    35 760    12 698 376
 Bà Giáp                 Agri Land         3375      481,90     14,3    35 760    17 232 744
 Ông Viêm                Agri Land         1950      259,70     13,3    35 760     9 286 872
 Nguyễn Thái Xuân        Agri Land         2087        5,60      0,3    35 760       200 256
 Toản Hạnh               Agri Land         1600      154,30      9,6    35 760     5 517 768
 Sáng                    Agri Land         2100      224,00     10,7    35 760     8 010 240
 Dơng Thị Lan            Agri Land         4006       75,30      1,9    35 760     2 692 728
 Ông Lợi                 Agri Land         1800      208,40     11,6    35 760     7 452 384
 Bà Chiên                Agri Land         2500      365,90     14,6    35 760    13 084 584
 Nguyễn Văn Quảng, Ô     Agri Land       1267,4    1 267,40    100,0    35 760    45 322 224
 Cự
 Tuyến Thanh, Hùng đào   Agri Land        2079      166,20       8,0    35 760     5 943 312
 Bà Bính                 Agri Land        1000       24,50       2,5    35 760       876 120
 Hồng sang               Agri Land        1080       29,30       2,7    35 760     1 047 768
 Dơng Thị Đàm            Agri Land         900       36,50       4,1    35 760     1 305 240
 Tạ Thị Gia              Agri Land        1800      380,00              35 760    13 588 800
 Dơng Thị Sách           Agri Land         900      289,80      32,2    35 760    10 363 248
 Đặng văn Sỹ, Yừn Sáu,   Agri Land                  359,20              35 760    12 844 992
 Bà Tranh, Nga Thành,
 Năm Huân, Thành
 Thắng, Ông Thỉnh
 Huề                     Agri Land        1000       59,50       6,0    35 760     2 127 720
 Đỗ Ngọc Xuân Hiên       Agri Land        1400       70,60       5,0    35 760     2 524 656
 Hùng Đào                Agri Land        2600      218,10       8,4    35 760     7 799 256
 Bà Chíu, Bà Phợng       Agri Land        2500       59,10       2,4    35 760     2 113 416
 Bà Thảo                 Agri Land        1100       74,30       6,8    35 760     2 656 968
 Tuyến Thanh             Agri Land         800       23,80       3,0    35 760       851 088
 Oanh Lung, Hạnh         Agri Land        2500      206,30       8,3    35 760     7 377 288
 Ông Tuyên               Agri Land        1250      109,80       8,8    35 760     3 926 448
 Sen, Chén Định, Bà      Agri Land                   94,20              35 760     3 368 592
 Triển, Thiên Lộc
 Đỗ Tất Dơng               Pond          6012.7    1 357,10 #VALEUR!    25 300    34 334 630
 Đỗ Tất Dơng               Pond                    1 546,80             25 300    39 134 040
 Bà Đàm, Bà Cầu, Dũng    Agri Land                   298,90             35 760    10 688 664
 Nhẫn, Vân Hoan, Hồng
 Lịch, Hồng Sang, Bà
 Chiu, Bà Bính, Bà Tân
 Bà My, Thuận Hội        Agri Land        2300       91,90       4,0    35 760     3 286 344
 Bà Đính, Ông Ân, Bà     Agri Land                  111,80              35 760     3 997 968
 Tấn, Nguyệt
 Nguyệt, Ông Tạo         Agri Land                   30,60              35 760     1 094 256
 Bà Ân                   Agri Land         800       22,20       2,8    35 760       793 872
 Bà Cầu                  Agri Land         950       10,00       1,1    35 760       357 600
 Vân Hoan                Agri Land         600        4,60       0,8    35 760       164 496
 Bà Đàm                  Agri Land        1080       54,60       5,1    35 760     1 952 496
                                                                           Appendix 2.3        87


                                                         Affected Land
                                        Total area                                        Total area
                                              2                                                 2
 Name                       Land cat       (m )       Loss        Cost       Total           (m )
 Đỗ Tất Hanh                  Pond            3431    1 529,10      44,6      25 300       38 686 230
 Trần Văn Thông               Pond          5704,7    3 926,60      68,8      25 300       99 342 980
 UBND Phường                Agri Land                 6 875,70                35 760      245 875 032
                            Agri Land                10 906,80                35 760      390 027 168
                            Resident                    813,70               500 000      406 850 000
                              Road                   18 733,40
                           Thoát nước                 1 410,50

THỤY VÂN
                                           Total land                                     Total area
                                                 2                                              2
  TT             Name          Land cat       (m )       Loss     Cost       Total           (m )
    1   Tạ Thị Thứ             Agri Land         1357      320      23,6      32 780       10 489 600
    2   Tạ Thị Hòa             Agri Land         1197      318      26,6      32 780       10 424 040
    3   Tạ Xuân Thành          Agri Land         1015      152      15,0      32 780        4 982 560
    4   Đinh Thị Thăng         Agri Land         1127      154      13,7      32 780        5 048 120
    5   Đinh Quảng Lạc         Agri Land         1324      320      24,2      32 780       10 489 600
    6   Đinh Văn Thụy          Agri Land         1212      312      25,7      32 780       10 227 360
    7   Tạ Thị Tân             Agri Land         1302      331      25,4      32 780       10 850 180
    8   Đinh Văn Niên          Agri Land         1114      154      13,8      32 780        5 048 120
    9   Đinh Văn Duy           Agri Land         1205      155      12,9      32 780        5 080 900
   10   Trần Văn Bản           Agri Land           975     341      35,0      32 780       11 177 980
   11   Nguyễn Thị Bảo         Agri Land         1249      341      27,3      32 780       11 177 980
   12   Trần Quang Cảnh        Agri Land         1350      319      23,6      32 780       10 456 820
   13   Trần Đại Quang         Agri Land         1050      318      30,3      32 780       10 424 040
   14   Nguyễn Thị Vinh        Agri Land         1450      326      22,5      32 780       10 686 280
   15   Nguyễn Thị Lợi         Agri Land           957     455      47,5      32 780       14 914 900
   16   Tạ Văn Lương           Agri Land         1213      176      14,5      32 780        5 769 280
   17   Vũ Thị Ngu             Agri Land         1130      504      44,6      32 780       16 521 120
   18   Đào Đức Nhàn           Agri Land         1421      550      38,7      32 780       18 029 000
   19   Vũ Bá Hiếu             Agri Land         1235      822      66,6      32 780       26 945 160
   20   Vũ Bá Quyết            Agri Land         1360      402      29,6      32 780       13 177 560
   21   Nguyễn Thị Thảo        Agri Land         1455      313      21,5      32 780       10 260 140
   22   Nguyễn Tiến Dũng       Agri Land         1235      157      12,7      32 780        5 146 460
   23   Nguyễn Văn Hùng        Agri Land         1345      157      11,7      32 780        5 146 460
   24   Nguyễn Văn Toán        Agri Land         1005      306      30,4      32 780       10 030 680
   25   Nguyễn Thị Hiền        Agri Land         1100      139      12,6      32 780        4 556 420
   26   Đào Thế Dương          Agri Land         1250      159      12,7      32 780        5 212 020
   27   Nguyễn Thị Quý         Agri Land         1550      295      19,0      32 780        9 670 100
   28   Phan Thị Thắc          Agri Land         1300      495      38,1      32 780       16 226 100
   29   Tạ Quốc Thường         Agri Land         1230      100       8,1      32 780        3 278 000
   30   Nguyễn Văn Quang       Agri Land           850      50       5,9      32 780        1 639 000
   31   Đào Thị Điểu           Agri Land         1000       95       9,5      32 780        3 114 100
   32   Đào Thị Kích           Agri Land         1105       95       8,6      32 780        3 114 100
   33   Nguyễn Thị Mậu         Agri Land         1360      265      19,5      32 780        8 686 700
   34   Tạ Thị Hiền            Agri Land         1420      170      12,0      32 780        5 572 600
   35   Nguyễn Văn Bích        Agri Land         1205      255      21,2      32 780        8 358 900
   36   Tạ Văn Quân            Agri Land         1050      168      16,0      32 780        5 507 040
   37   Đào Đức Tuân           Agri Land         1068      130      12,2      32 780        4 261 400
   38   Tạ Văn Nguyện          Agri Land         1315      170      12,9      32 780        5 572 600
   39   Trịnh Thị Tiến         Agri Land         1080      120      11,1      32 780        3 933 600
88         Appendix 2.3


                                           Total land                               Total area
                                                 2                                        2
     TT             Name       Land cat       (m )       Loss    Cost     Total        (m )
      40   Đào Văn Toàn        Agri Land         1290      265     20,5    32 780     8 686 700
      41   Nguyễn Hữu Cầu      Agri Land         1250       70      5,6    32 780     2 294 600
      42   Phùng Thị Phương    Agri Land           900      60      6,7    32 780     1 966 800
      43   Tạ Văn Tài          Agri Land         1250      620     49,6    32 780    20 323 600
      44   Đinh Thị Lập        Agri Land         1150      365     31,7    32 780    11 964 700
      45   Nguyễn Thị Chinh    Agri Land         1050       75      7,1    32 780     2 458 500
      46   Tạ Đức Minh         Agri Land         1190      310     26,1    32 780    10 161 800
      47   Tạ Đức Tiến         Agri Land         1200      600     50,0    32 780    19 668 000
      48   Vũ Văn Tân          Agri Land         1250      557     44,6    32 780    18 258 460
      49   Tạ Văn Thiện        Agri Land         1380      295     21,4    32 780     9 670 100
      50   Nguyễn Văn Thường   Agri Land         1210      195     16,1    32 780     6 392 100
      51   Đào Ngọc Hiếu       Agri Land         1005      361     35,9    32 780    11 833 580
      52   Nguyễn Văn Bản      Agri Land         1130      270     23,9    32 780     8 850 600
      53   Tạ Văn Thuyết       Agri Land         1590      152      9,6    32 780     4 982 560
      54   Tạ Đức Hàn          Agri Land         1300      120      9,2    32 780     3 933 600
      55   Tạ Văn Miễn         Agri Land         1124      495     44,0    32 780    16 226 100
      56   Vũ Văn Ngọc         Agri Land         1090      500     45,9    32 780    16 390 000
      57   Nguyễn Văn Quý      Agri Land         1250      285     22,8    32 780     9 342 300
      58   Tạ Thị Hiếu         Agri Land         1080      285     26,4    32 780     9 342 300
      59   Tạ Văn Khoa         Agri Land         1010      468     46,3    32 780    15 341 040
      60   Đỗ Thị Văn          Agri Land         1650      335     20,3    32 780    10 981 300
      61   Tạ Minh Thịnh       Agri Land         1320      508     38,5    32 780    16 652 240
      62   Tạ Minh Quang       Agri Land         1450      255     17,6    32 780     8 358 900
      63   Tạ Minh Can         Agri Land         1270      285     22,4    32 780     9 342 300
      64   Vũ Mạnh Cường       Agri Land         1185      230     19,4    32 780     7 539 400
      65   Tạ Thị Trình        Agri Land         1160      155     13,4    32 780     5 080 900
      66   Vũ Văn Tuyên        Agri Land         1410      255     18,1    32 780     8 358 900
      67   Nguyễn Văn Năm      Agri Land         1120      115     10,3    32 780     3 769 700
      68   Nguyễn Thị Nghiên   Agri Land         1090      165     15,1    32 780     5 408 700
      69   Nguyễn Văn Chung    Agri Land         1490      335     22,5    32 780    10 981 300
      70   Nguyễn Văn Tân      Agri Land         1114      305     27,4    32 780     9 997 900
      71   Đỗ Văn Đức          Agri Land         1250      862     69,0    32 780    28 256 360
      72   Nguyễn Ngọc Thanh   Agri Land         1420      627     44,2    32 780    20 553 060
      73   Tạ Hữu Phán         Agri Land         1040      175     16,8    32 780     5 736 500
      74   Nguyễn Anh Toàn     Agri Land         1000      350     35,0    32 780    11 473 000
      75   Tạ Đình Đề          Agri Land         1165      175     15,0    32 780     5 736 500
      76   Tạ Đức Chía         Agri Land         1450      475     32,8    32 780    15 570 500
      77   Tạ Đức Thăng        Agri Land         1210      205     16,9    32 780     6 719 900
      78   Đào Thị Tân         Agri Land           800      75      9,4    32 780     2 458 500
      79   Lê Đình Long        Agri Land         1300      196     15,1    32 780     6 424 880
      80   Tạ Văn Thuận        Agri Land         1670      288     17,2    32 780     9 440 640
      81   Lê Công Phúc        Agri Land         1080      420     38,9    32 780    13 767 600
      82   Nguyễn Văn Thiện    Agri Land         1015      360     35,5    32 780    11 800 800
      83   Nguyễn Văn Thịnh    Agri Land         1150      370     32,2    32 780    12 128 600
      84   Lê Minh Khoa        Agri Land         1265      350     27,7    32 780    11 473 000
      85   Lê Thị Thoại        Agri Land           950      50      5,3    32 780     1 639 000
      86   Lê Khắc Thụy        Agri Land         1090      420     38,5    32 780    13 767 600
      87   Lê Quang Chính      Agri Land         1145      435     38,0    32 780    14 259 300
      88   Lê Đức Thăng        Agri Land         1240      456     36,8    32 780    14 947 680
      89   Lê Quang Khánh      Agri Land         1050      425     40,5    32 780    13 931 500
      90   Tạ Quang Khải       Agri Land           937     395     42,2    32 780    12 948 100
      91   Đào Đức Chiến       Agri Land         1350      265     19,6    32 780     8 686 700
                                                                    Appendix 2.3        89


                                      Total land                                   Total area
                                            2                                            2
TT             Name       Land cat       (m )      Loss    Cost       Total           (m )
 92   Tạ Thị Mai Dung     Agri Land         1700     238     14,0      32 780        7 801 640
 93   Vũ Văn Nhất         Agri Land         1125     175     15,6      32 780        5 736 500
 94   Tạ Văn Thanh        Agri Land         1350     162     12,0      32 780        5 310 360
 95   Tạ Thị Nhàn         Agri Land         1490     196     13,2      32 780        6 424 880
 96   Tạ Văn Thắng        Agri Land         1280     250     19,5      32 780        8 195 000
 97   Nguyễn Văn Thuận    Agri Land         1520     345     22,7      32 780       11 309 100
 98   Trịnh Văn Thọ       Agri Land         1240     285     23,0      32 780        9 342 300
 99   Tạ Văn Thiệu        Agri Land         1450     195     13,4      32 780        6 392 100
100   Đào Xuân Ninh       Agri Land         1620     115      7,1      32 780        3 769 700
101   Nguyễn Văn Cứ       Agri Land         1370     200     14,6      32 780        6 556 000
102   Nguyễn Thắng Lộc    Agri Land         1750     375     21,4      32 780       12 292 500
103   Tạ Thị Đáy          Agri Land         1190     198     16,6      32 780        6 490 440
104   Đào Minh Khoa       Agri Land         1425     170     11,9      32 780        5 572 600
105   Đào Ngọc Thuyết     Agri Land         1530     185     12,1      32 780        6 064 300
106   Trần Văn Học        Agri Land         1315     175     13,3      32 780        5 736 500
107   Triệu Thị Tân       Agri Land         1250     188     15,0      32 780        6 162 640
108   Tạ Thị Xuân         Agri Land         1542     422     27,4      32 780       13 833 160
109   Tạ Văn Tám          Agri Land         1079     205     19,0      32 780        6 719 900
110   Vũ Hoàng Anh        Agri Land         1680     195     11,6      32 780        6 392 100
111   Nguyễn Văn Đạt      Agri Land         1350      88      6,5      32 780        2 884 640
112   Nguyễn Thị Nguyên   Agri Land         1735     195     11,2      32 780        6 392 100
113   Nguyễn Thị Tuyên    Agri Land         1290     195     15,1      32 780        6 392 100
114   Đào Duy Tiên        Agri Land         1480      45      3,0      32 780        1 475 100
115   Nguyễn Phúc Lân     Agri Land         1265      72      5,7      32 780        2 360 160
116   Tạ Văn Rộng         Agri Land         1700      65      3,8      32 780        2 130 700
117   Phùng Thị Hồng      Agri Land         1345      65      4,8      32 780        2 130 700
118   Nguyễn Thị Sảo      Agri Land         1270     100      7,9      32 780        3 278 000
119   Nguyễn Văn Minh     Agri Land         1430      85      5,9      32 780        2 786 300
120   UBND Xã             Agri Land                19500               32 780      639 210 000
                                         149472    51758     100
90     Appendix 2.4


                       Phu Tho PPC Land Compensation Rates (2011)

The following information is provided on the Phu Tho Provincial People’s Committee land rates
issued for 2011 for reference purposes.


                   Current Government Provincial Compensation Rates
                                                             Unit price of
                No.              Type of Land         Unit    PPC (VND)
                 1     Agricultural land
                       - Wards                         m2        35,760
                       - Communes                      m2        32,780
                 2     Farming, aquatic land           m2        25,300
                 3     Living land
                       -Vân Phú                        m2     1,000,000
                       -Dữu Lâu, Kim Đức, Hùng Lô      m2       500,000
                       - Phượng Lâu                    m2       250,000
              m2 = square meter, PPC = provincial people’s committee, VND = Vietnamese dong.



                                  Houses and structures Price
                                                           Unit             Unit price of
                No.              Type of structure         price             PPC (VND)
                 1      Living house class IV               m2               1,500,000
                 2      Living house class III              m2               1,000,000
                 3      Toilet, kitchen, stables            m2                 700,000
                 4      Brick yard                          m2                  60,000
                 5      Wall                                m2                  60,000
                 6      Well                                cái              1,080,000
              m2 = square meter, PPC = provincial people’s committee, VND = Vietnamese dong.

To estimate the approximate replacement land values at the time of preparing the resettlement
plan the Hung Yen PPC land rates were increased by a factor of 40% and used as a proxy for
replacement land values in the Resettlement Budget Estimate in this RP.

To ensure compensation for assets, land, trees and crops is consistent with replacement cost at
the time of compensation, a replacement cost study will be conducted throughout the period of
updating the resettlement plan to ensure that replacement values are valid for the time of
compensation. The agency to conduct the Replacement Cost Study will be engaged by the
Hung Yen PPC and outputs of the study monitored both internally and externally and be subject
to consultation with the affected persons.
                                                                            Appendix 2.5        91


                          MINUTES OF CONSULTATION MEETINGS

                                 FOCUS GROUP DISCUSSION


A.     Dữu Lâu ward – Việt Trì city
       Place:       The hall of Duu Lau ward People Committee, Cultural House at Que Tao
                    area
       Time:        - 8h, date on 8/3/2011 (meeting with HHs at Hương Trầm area)
                    - 14 h date on 9/3/2011 (meeting with HHs at Que Tao area)
       Participant: - Group mission team
                    - Representative of Ward people committee: Mr. Nguyen Chi Hai – Vice
                    Chairman, cadastre and the head, vice head of area.
                    - HH: + 45 people of which: 28 male, 17 female (Huong Tram Area);
                            + 39 people of which: 12 male, 27 female (Que Tao area)

The content of meeting:

I.     Introduction

      The Resettlement Team presented the sub projects for Viet Tri city in general and Duu
Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues
between Vietnam policy and ADB policy. The team informed the households of the survey and
IOL and that would take place after the meeting.

II.    Recommendation of Affected Households

1.       Mr. Đỗ Tất Trửng:
         We have lost not only residential land but also field. In the fact compensation for people
are very low, we do not want to receive compensation because money is spent out, my proposal
is that the project exchange land for land.

2.      Mr. Đỗ Văn Lục :
        The area of land that the household will be lost is larger than before the project was
acquired. So to calculate the impact on Ahs, the Project needs to add the lost part of previous
times to determine the rate of loss of true losses. The project needs to tally specific, accurate
and fully informed of the affected area and conduct adequate compensation before starting work
progresses to avoid lawsuits and complaints.

3.     Mr. Đỗ Tất Thắng:
       Most of our people are supportive of national development; in particular the construction
of roads for socioeconomic development of local. But the project also needs to learn from
previous projects done because most of the projects not properly apply the policy based on
Decree No 69 and 197 of providing protection to Ahs, Therefore, we request the project
compensation must be in accordance with policies of the Party and State.

4.     Mr. Đỗ Tất Phi:
       Basically I am also very supportive of the project. But in addition I also wish that the
State would be compensated with land because if people lost 100% of the land, it will affect the
production affecting the lives of farmers who relies on the land for their income.
92     Appendix 2.5



5.      Mr. Đỗ Tất Đọ:
        Require project for compensation based on policy, do not violate the rights of people by
giving less than they deserve.

6.      Mr. Đỗ Tất Dậu:
        Experience with the previous project, the project's suspension period is too much, we did
not enjoy the benefits brought by the project. Our life is now stable; we don’t see the good
outcome, only the loss. The primarily loss that affects our lives is livelihood of the family, then
the future of their children, lost land that provides us what we need for family.

        My wish is: First, if the project materializes, the policy must ensure that people's lives are
stabilized and secure as before the project took place. Second, the transfer must be planned so
that people have time to prepare the money.

      Main sources of local people is agriculture; our children are not good in academic. So
we want the project to help create jobs for our children and offer jobs for employment.

7.       Mrs. Lê Thị Hồi:
         If the project is approved by the CPC, the project, people cannot disagree. If my family
will lost cassava land, Is compensation? Is there any support?

8.     Mr. Nguyễn Quang Vĩnh:
       We are aware that infrastructure must be developed and if the project is approved by the
bank for provincial loans, of course this must be supported by the people..

        The basic characteristic of Que Trao area at Duu Lau ward is that people live by
cultivated land. Much of our land has been taken by the project before and now by another
project again? If farm land is taken how do we survive? Therefore, we propose the projects
should ensure that the life of the farmers are stable and provide alternative means such as
vocational training for children of farmers.

9.      Mr. Nguyễn Đình Thắng:
        The proposed road is National Road so that people generally agree to support this as
this contributes to the development of people’s livelihood. But the project's staff must also know
that in, our people mostly live by farming. Therefore, the residential and farm land must be
compensated by land also so people can continue to live as usual.

10.    Mrs. Lê Thị Tý:
       The land price of Group 2A here is fluctuating. Therefore, the compensation price must
be explicit and precise, and must be approved by the affected households.

11.   Mrs. Nguyễn Thị Hoa:
      Hills and farmland of my family lost a lot. So I hope the project will still provide land for
my family to live on and hilly land compensation price is equal to the price of farmland.

12.      Mr. Lê Văn Hữu:
         My family has lost a lot of land already. If all my family’s land are taken, I ask the project
a lot to replace the land d for my children to live.

13.    Mr. Lê Công Anh:
                                                                            Appendix 2.5        93


       The infrastructure projects to improve people's daily lives are supported by the people.
However, the project must also comply with what has been agreed. Avoid saying one thing and
doing another as what happened in Huong Tram area.

        Besides, the project design and implementation must take into account and guarantee
for next remaining fields to ensure the irrigation and drainage for the farm because in previous
projects, this was not completed and people have to suffer the consequence such as drought,
flood. Therefore, this project if implemented must have water supply and drainage schemes and
flood prevention to ensure production, irrigation, and farming for people.

III.   Responses from the Resettlement Group

        The Resettlement Team clarified all the answers and documented all opinions of the
households, for discussion with the Project management.. This activity is just the initial stage it
is only the initial information of the project, to get the views and consensus of the people. The
next step will be the socio-economic survey of households and the cooperation of the group is
solicited.

B.     Vân Phú ward – Việt Trì city
       Place:       Cultural House of No 1 area at Van Phu ward
       Time:        - 8h date on 10/3/2011
       Participant: - Group mission
                    - Representative of ward people commune, Mr. Pham Quang Binh – vice
                    chairman, cadastre and the head, vice head of area
                    - HHs: 48 people, of which: 29 male, 19 female

The Purpose of meeting:

I.     Introduction of the Project

      The Resettlement Team presented the sub projects for Viet Tri city in general and Duu
Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues
between Vietnam policy and ADB policy. The team informed the households of the survey and
IOL and that would take place after the meeting.

II.    Issues and Recommendation of Affected Households

1.      Mr. Trần Như Rộng:
        Households in Van Phu mainly are officers, soldiers, people have hard lives, the family
lived for generations. Therefore it is not eligible to buy land, or buy a home. People are
completely support the project but the project planners must, follow the steps, in accordance
with procedure, compensation must be fair and just in giving compensation. These households
have to move so there must be a resettlement area for residents and for people to know the
resettlement site. Planners should also follow the policies and listen provide the appropriate
support. They should listen to people’s aspirations.

2.      Mrs. Quách Thị Xuyến:
        We have never heard of the project, we would like some information and we want the
government give attention to the interests of the people; explain the benefits and effects of the
project , how it would improve the economy of the people in the local area and of the country in
general.
94     Appendix 2.5



3.      Bùi Duân:
        Two groups of 8 and 9, almost 100% are staff and members of the military and
Transport Works Company. Therefore, the understanding of policies is very clear and I myself is
a construction professional. We want to know the meaning and purpose of the project. If that
road is really beneficial, people will support the government. The relocation of households must
be ensured with the same or better life because their current living condition is very poor. Road
is important so there’s no reason for us to stay where road is not good.

4.      Mr. Lê Trọng Kim:
        When the project is implemented, people must be compensated in accordance with
policies of the State, compared to other province the compensation of Phu to is always lower.
We should not be forced to get compensation lower than other province.

5.      Mr. Trần Quang Hưng:
        People fully support the project to serve the people. But adequate compensation must
be given to farmers. Sometimes project requires our land that’s our only legacy left for our
family.

III.   Responses of the group

       The Resettlement Team clarified all the answers and documented all opinions of the
households for discussion with the Project management. This activity is just the initial stage to
get the views and consensus of the people. The next step activity was to conduct the socio-
economic survey of households and the cooperation of the group was solicited.
                                                                            Appendix 2.5         95


                           MINUTES OF PUBLIC CONSULTATIONS

Phượng Lâu commune - Việt Trì city
     Place:       The hall of Phượng Lâu commune people committee
     Time:        - 14h date on10/3/2011 (meeting with HHs of No 1 and No 2 area)
                  - 8 h date on 12/3/2011 (meeting with HHs of No 3 area)
     Participant: - Group mission
                  - Representative of commune people committee, Mr. Tran Van Khai –
                  Vice chairman, cadastre and the Head, Vice head of area
                  HHs: + 33 people of which: 15 male, 18 female
                          + 48 people of which: 29 male, 19 female

Purpose of meeting:

I.     Introduction of the Project

      The Resettlement Team presented the sub projects for Viet Tri city in general and Duu
Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues
between Vietnam policy and ADB policy. The team informed the households of the survey and
IOL and that would take place after the meeting.

II.    Recommendation of Affected Households

1.      Mr. Nguyễn Văn Út:
        Compensation price must be adequate. Our agricultural land for farming production is
similar in our area. When compensation should not be classified as land type 1 and type 2, type
3. The policy requires to pay compensation before construction to avoid cases that construction
was already completed but payment of compensation is not satisfactory. We also asked the
project construction to be careful not to dig the rest of field which affect farming, even though it
has been abandoned. We suggest that CPC give officials to monitor the implementation of the
project so that if there is some things needed it can give action immediately.

2       Mr. Nguyễn Ngọc Chinh:
        Total area of current agricultural land of my family is 6 acres, we lost 2 acres in the
previous time, now Trường Chinh road continues to acquire our agricultural land, it will certainly
affect the lives of our family. However the project is to expand people's life so we will still
support. We desire compensation at market prices to support disadvantaged families. If the
project take residential land, it must be taken all, then move us to the resettlement areas to
ensure our accommodation.

3.      Mr. Nguyễn Văn Thiện:
        We don’t question the policy of the State. However in our case, the area of our plot is not
large, so, if the project acquires our plots, it should be fully compensated because the remaining
area is too small, crooked or no longer viable for production.

4.        Bùi Văn Cải:
          With the previous project, compensation for people is low, which affected people's
income. After the construction project completed, leaving some brick and stone were left. The
commune proposed to that project cleans up the area but nobody cleaned up. The result was
left for the people doing hard work to clean the area. We need to learn from this experience.
96     Appendix 2.5


5.      Bùi Xuân Trường:
        Our family fully supports the project. However, the need to learn from experience of
previous projects which made life difficult for us due to long process and complicated
procedures. Support for people affected agricultural land should be calculated for the entire area
if the project acquires more than what is viable left. We urge provinces and cities to help train
and create jobs for young people.

6.      Nguyễn Thị Sinh:
        We Want to be informed of the design of the alignment of the project to know the extent
of land acquisition and the time to conduct the project to prepare.

7.     Bùi Tải:
       The family has six members, has 1.2 acres of land, approximately 6 sao in both of the
two routes of Truong Chinh and Phu Dong. Currently, a section of Phu Dong road was
constructed and acquired the family's land, but household has not received any kind of support
yet. Therefore, we propose that before conducting project, it needs clarification on policy so that
people can check and monitor benefits paid.

8.     Nguyễn Văn Trường:
       Households losing agricultural land have to move to the resettlement area with
adequate infrastructure. The area to compensate must be large because this is agricultural
affected households.

III.   Responses of the group

       The Resettlement Team clarified all the answers and documented all opinions of the
households for discussion with the Project management. This activity is just the initial stage to
get the views and consensus of the people. The next step activity was to conduct the socio-
economic survey of households and the cooperation of the group was solicited.
                                                                          Appendix 2.5        97


                          MINUTES OF PUBLIC CONSULTATIONS

Hùng Lô commune – Việt Trì city
      Location:  Hùng Lô commune People Committee
      Time:      - 8h, 11/3/2011
      Attendees: - Group mission
                 - Representative of People Committee: Mr. Nguyễn Tiến Đức - chairman
                 of people committee, land officer, head of hamlet
                 - Local people: 50 people, of which: 28 male, 22 female (resident in area
                 3,8,9)

Purpose of meeting:

I.     Introduction of the Project

      The Resettlement Team presented the sub projects for Viet Tri city in general and Duu
Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues
between Vietnam policy and ADB policy. The team informed the households of the survey and
IOL and that would take place after the meeting.

II.    Issues Raised and Recommendation of Affected Households

1.       Mr. Nguyễn Văn Long: (Area 3)
         Most of the local resident’s income is based on the agriculture. When constructing the
road, it will divide the road, no water supply and drainage pipe, therefore crops cannot continue
to grow. I suggest that when implementing the project, there should be construction of the water
supply and drainage system, so we can cultivate the rest of the field.

2.     Mr. Nguyễn Văn Tích: (Area 3)
       If the rest of the area is just 100–200 m, I suggest that the project should be take all
areas because with this small area, the farmer cannot cultivate and fallow field.

3.      Mr. Nguyễn Thế Kỷ: (Area 9)
        The local residents will obey according to the regulation of Party and Central. However,
if the Central covers land, it is necessary to have the reasonable compensation. Please note to
create the job for the HH who lost plenty of land.

4.      Mr. Nguyễn Đức Quyền:
        Hùng Lô commune is narrow and crowded. We lost 50% the total land area for the
previous project. Compensation price is late and extended for several months, price is not only
low but also devalued, so the local residents receive a small amount of money for
compensation. Therefore, we suggest that compensation should be paid on time according to
the policy and agreement dome with the local people.

         In terms of the HH with residential land and have to move to another place, it is very
important to have the resettlement site ready for them in order to build the house and stabilize
their lives. Poor and vulnerable HH should be supported according to policy, create the
occupation for local resident so as to stabilize their living condition.

5.     Mr. Nguyễn Đại Từ:
       Firstly, we totally agree and approve the project. We are farmers and we will lose all the
98     Appendix 2.5


productive land. Many generations live in there including our ancestor’s tomb. So, when
implementing the project, we lose a lot of things.

        Therefore, we request that the compensation price should be reasonable, according to
Government’s policy, agreement between local resident and investor. Besides that, the local
government needs to announce clearly about the compensation price in order to ensure the
local residents’ rights.

6.    Mr. Nguyễn Văn Cường: (Area 9)
      When acquiring the house and living land, it’s necessary to have the resettlement site
and have to compensation as soon as possible.

III.   Responses of the group

       The Resettlement Team clarified all the answers and documented all opinions of the
households for discussion with the Project management. This activity is just the initial stage to
get the views and consensus of the people. The next step activity was to conduct the socio-
economic survey of households and the cooperation of the group was solicited.
                                                                                Appendix 2.5          99


                             MINUTES OF PUBLIC CONSULTATION

Kim Đức commune – Việt Trì city
      Location:  House of Culture of hamlet 10, Kim Đức commune
      Time:      - 14h ngày 11/3/2011
      Attendees: - Group of mission
                 - Representative of ward people committee, land officer Mr. Lê Huu
                 Phuoc and the head, vice head of hamlet.
                 - Local people: 38 people, of which: 21 male, 17 female

Purpose of meeting:

I.      Introduction of the Project

      The Resettlement Team presented the sub projects for Viet Tri city in general and Duu
Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues
between Vietnam policy and ADB policy. The team informed the households of the survey and
IOL and that would take place after the meeting.

II.     Issues and Recommendation of Affected Households:

1.     Ms. Đinh Thị Nhạn:
       Our communes are very poor with small area of farm land. We hope that if recovering
the land, it is important to stabilize their lives, by giving us a reasonable compensation, equal to
all HHs.

2.      Mr. Kiều Đua:
        Truly, we cannot do something regarding our accommodation, but this is the
Government’s plan, so we have to approve. However, we suggest that if resettled, it should
have enough land for our children to live. It should be readily available. The Project should learn
some lessons from the previous project (project for electricity, power station). The local resident
were not satisfied with this project, giving stress and psychological effect.. When implementing
the project, it should take account people needs and aspirations.

3.       Mr. Đinh Xuân Thi:
         We hope the Project Planners understand the local residents’ desires and also the
current situation of the province and follow the regulation. They need to stabilize the residents’
lives. If facing difficulties, there is a need to consult with the local resident again to discuss. It is
very important to clarify regarding the land laws.

4.      Mr. Tạ Xuân Đạt: (area 10)
        Our Kim Duc commune stays next to Hung Lo commune, but the compensation price is
very different. The land price for Hung Lo is very high, but for Kim Duc the land price is very
cheap. I suggest that the project should increase the compensation land prices and pay
attention to cost of land.

III.    Responses of the group

        The Resettlement Team clarified all the answers and documented all opinions of the
households for discussion with the Project management. This activity is just the initial stage to
get the views and consensus of the people. The next step activity was to conduct the socio-
economic survey of households and the cooperation of the group was solicited.
100    Appendix 2.5



                           MINUTES OF PUBLIC CONSULTATIONS

Thụy Vân commune - Việt Trì city
      Place:       The hall of Thuy Van commune people committee
      Time:        - 8h30 date on 16/3/2011
      Participant: - Group mission
                   - Representative of commune people committee: Mr. Vu Van Cam-
                   chairman, Mr. Nguyen Quang Thao – vice chairman.
                   - Local people: 16 people of which: 10 male, 6 female.
                   - Local people: 38 people, of which: 21 male, 17 female

Purpose of meeting:

I.     Introduction of the Project

      The Resettlement Team presented the sub projects for Viet Tri city in general and Duu
Lau ward in particular, ADB’s policy of compensation – resettlement, and the different issues
between Vietnam policy and ADB policy. The team informed the households of the survey and
IOL and that would take place after the meeting.

II.    Issues and Recommendation of Affected Households

1.     Mr. Đàm Minh Phong:
       The family has 4 acres of fields, which has been lost by the industrial which is 2 acres,
but no support at all. We propose that when determining the percentage of land acquisition, it
must calculate both the previously acquired land area. If unit price for compensation is low, it
cannot restore our life back as before.

2.      Mr. Phan Văn Thái:
Pay attention to compensation price according to market price. The life of local resident here are
mainly based on the agriculture. The industrial zone was established but lack of skilled labor so
they do not work often and unsustainable. They prefer to work in agriculture related work.
3.      Mr. Vũ Đình Khuyên:
        Pay attention to the project’s design because I know in this area it still have the project
for ecological lake, hoping the combination between 2 projects to work effectively, create more
jobs to improve life for people in commune.

4.      Mr. Đinh Văn Thắng:
        Because the compensation price of previous project is low, we hope the project will have
the prices according to the market price, approximately 200.000d/m2 with some kinds of
supporting). When implementing the project, there is a need to find experienced contractors to
do, to avoid extending the time for construction as it affects our daily activities.

5.      Ms. Kim Thị Ngọc Bích:
        Nội hamlet has will be acquired with a lot of land. People will get worried for the family's
income later. Propose compensation price should be close to market prices. Commune needs
to assist households with little land, with income generation or to support employment.

6.     Ms. Tạ Thị Lan:
       Similarly she was very interested in compensation price and other assistance. She
                                                                          Appendix 2.5       101


desires that if compensation will be reduced it is disadvantageous for households losing land.

III.   Responses of the group

       The Resettlement Team clarified all the answers and documented all opinions of the
households for discussion with the Project management. This activity is just the initial stage to
get the views and consensus of the people. The next step activity was to conduct the socio-
economic survey of households and the cooperation of the group was solicited.
                                                     Project Information Booklet




                                                                                                                                                  102
     Comprehensive Socioeconomic                                                                 waste to the dump site by increasing the
       Urban Development Project                2. QUESTION: Who is responsible for the          current collection volume of 120 tons/day




                                                                                                                                                  Appendix 2.6
   (Viet Tri, Hung Yen and Dong Dang)           Project?                                         to 150 tons/day.

   PUBLIC INFORMATION BOOKLET                   ANSWER: The Government of the Socialist          4.    QUESTION:      If   there   road
                                                Republic of Vietnam will be represented Phu      construction activities in our locality,
1. QUESTION: What is the Asian                  Tho Province People’s Committee (PPC) as         will we be affected?
Development         Bank    (ADB)               the project owner and implementation of the
Comprehensive Socioeconomic Urban               Project will be the responsibility of the Viet   ANSWER: The Project is expected to
Development Project?                            Tri City People’s Committee (CPC). The           require the acquisition approximately 73
                                                Viet Tri PPC has established a Project           hectares (ha) of land for the 3 roads which
ANSWER: The Government of the Socialist         Management Unit (PMU) to manage the              will have a total length of 15km and corridor
Republic of Vietnam proposes to develop         implementation of the Project. A Social and      of land acquisition ranging from 40 meters
Viet Tri, Hung Yen, and Dong Dang to            Environmental     Unit    (SEU)      will  be    (m) to 60m (dependent on numbers or lanes
complement Hanoi as northern Vietnam's          established within the PMU to implement          required as well as road height). The solid
economic centers and to contribute to the       and monitor the Resettlement Plan.               waste management component will not
development of the North-South economic                                                          require any land acquisition. The preliminary
corridor. The project will provide improved     3. QUESTION: Are the improvements of             design of the roads and alignment selection
urban infrastructure and municipal services     the roads and solid waste management             has attempted to minimize impacts on
in the project cities/town as well as           intended to benefit us?                          private land and houses as much as
strengthen local governments' urban                                                              possible. During the detailed design phases
management capacities. The Project will be      ANSWER: Yes. Improved roads will enable          efforts will be made to further reduce
financed by ADB.                                the transportation of goods and people to be     impacts on housing and land acquisition
                                                quicker, more efficient and cheaper. The         through review of technical designs and
In Viet Tri, the Project components comprise    new and improved roads will improve              through consultations with the affected
construction of three urban roads and           connections between the Noi Bai–Lao Cai          communities. In case the effects on land,
improvement of solid waste management.          expressway, Thuy Van Industrial Zone, and        house and structures cannot be avoided,
The roads consist of (i) Phu Dong Road (4.1     city center, as well as reduce traffic           affected    persons      will  be     properly
kilometers [km] connecting Noi Bai–Lao Cai      congestions in the central area by diverting     compensated in cash or in kind for their land
expressway with the city center), (ii) north-   the traffic from the National Road 2 to the      use, houses, structures, crops and trees, as
west section of the city ring road (4.4km of    city ring road. The roads to complete the        well as communal properties in order for
Truong Chinh Road from the northern dyke        western part of the city ring road from the      them to restore their lost asset, resource, or
road to Thuy Van Industrial Zone through        northern dyke road to the southern dyke          income. Rehabilitation assistance will also
Phu Dong Road), and (iii) south-west            road and build a new road from the Noi Bai-      be provided to affected persons who will be
section of the city ring road (6.5km from       Lao Cai expressway to the city center.           required to relocate to another location.
Thuy Van Industrial Zone to the southern
dyke). The solid waste management               The solid waste management component             5. QUESTION: What if my land will be
component will provide fleet and equipment      will expand the coverage of solid waste          affected by the Project?
for solid waste collection and transfer.        collection from households and transport
ANSWER: For affected land, compensation            8. QUESTION: What about my crops and             involved, how can the Project help me
can be in the form of replacement land or          trees?                                           rebuild my house during relocation?
cash at current market value. If land has
been the agreed form of compensation               ANSWER: For annual crops, affected               ANSWER: Affected persons will be offered
between affected persons and the Project,          persons will be given 2-months notice that       option to choose between (i) arranging their
the replacement land should be of equal or         the land on which their crops are planted will   own relocation with the compensation and
better productive capacity of the lost land        be used by the Project and that they must        assistance money received; (ii) assisted
and satisfactory to affected persons. If           harvest their crops in time. If standing crops   resettlement at a resettlement site, including
replacement land is not available then the         are ripening and cannot be harvested,            plot of land and ready constructed house;
only option offered will be cash                   eligible   affecte     persons      can     be   and (iii) partially assisted resettlement
compensation at market value.                      compensated for the loss of the                  consisting of resettlement lot but arranging
                                                   unharvested crops at the current market          the construction of their replacement
6. QUESTION: What are the entitlements             value. For perennial crops, affected persons     housing themselves using the compensation
that we have in order to be                        will be compensated for the loss of fruit and    money received. Resettlement sites are to
compensated?                                       timber trees at replacement value, which         be suitably located and have adequate
                                                   value will take account of lost potential        infrastructure and access to services.
ANSWER: There will be a cut off date for           income and time required to re-establish the     Affected persons will be consulted on the
entitlement to compensation and assistance         perennial trees. This will compensate for        selection and design of the resettlement
which will be set and publically announced         lost income until the newly planted              sites.
by the Viet Tri City People’s Committee.           seedlings bear fruit. Affected persons will be
Those APs who have occupied and used               awarded the full value of any lost crops         In addition to the above, affected persons’
the land prior to this cut off date are entitled   where the plants are near or ready to            households will also be entitled to
to compensation if the project construction        harvest.                                         allowances consisting of: (i) Transportation
affects their land and/or structures. And for                                                       allowance; (ii) Rental assistance for a
anyone who has encroached and occupied             9. QUESTION: What about our common               limited period (if needed); (iii) Additional
the land after the cut off date will not be        property resources like school building,         cash allowances for those who self-relocate;
eligible for compensation or assistance.           cooperative land?                                (iv) Stabilization assistance for those who
                                                                                                    lose more than 10% of their productive land
7. QUESTION: Does compensation apply               ANSWER: For common property resources,           in addition to being required to relocate; and
to my affected houses or structures?               the affected land will be replaced in areas      (v) Incentive bonus for those who relocate
                                                   identified in consultation with affected         before announced project target dates for
ANSWER: Yes. Houses and structures that            communities and relevant organizations.          site clearance. The specific amounts for
will be affected by the Project shall be           Affected building and structures will be         compensation rates as well as allowances




                                                                                                                                                     Appendix 2.6
compensated at replacement cost without            restored to original or better condition.        and assistance will be advised at the time
deduction for depreciation or salvageable          Cooperative farming land will be replaced        the resettlement plan is updated.
materials. Partially affected houses will be       with either other land (if available) or an
compensated for the lost affected portion as       alternative resource to benefit the material     11. QUESTION: If in case our livelihoods
well as repair costs. Other structures (e.g.       welfare of the affected community.               are affected, how can the Project help
fences, wells, pavement) will also be                                                               me restore my livelihood and living
compensated at replacement cost.                   10. QUESTION: If in case there will be           standards?




                                                                                                                                                     103
                                                   relocation of houses or businesses
ANSWER: The census and detailed                   12. QUESTION: When will the detailed              addition the Project will publically disclose




                                                                                                                                                     104
measurement survey (DMS) will take note of        measurement survey be conducted?                  the approved updated resettlement plan
the livelihoods of affected persons and any                                                         through a public information brochure
impacts the Project may have. The Project         ANSWER: The activity will be carried out          (distributed to all affected households), by




                                                                                                                                                     Appendix 2.6
will provide various forms of assistance to       after the actual alignment has been               providing a translated version to each local
enable affected people to restore their           determined. The activity will only be carried     People’s Committee for public access and
livelihoods and living conditions to at least     out in the presence of the affected persons.      by uploading it on ADB’s website.
pre-project      levels.     For     vulnerable   The affected persons and the local
households (e.g. those classed as poor,           authorities will be informed prior to the         14. QUESTION: If I disagree or
disabled, etc.), the Project will seek to         activity.                                         problems     arise   during     project
improve living standards to at least                                                                implementation such as compensation,
minimum national standards. Such forms of         13. QUESTION: How will the Project                technical, and other project-related
assistance will include: (i) cash subsistence     consult    with me and     provide                issues, do I have the right to voice my
allowances to households losing more than         information?                                      complaint?
10% of the productive assets equivalent to
30 kilograms (kg) of rice per household           ANSWER: The Project has prepared a                ANSWER: Yes. If the affected person is not
member per month for periods ranging from         communication and consultation plan. The          clear about or not satisfied with the
6 to 36 months depending on the severity of       Project will keep local communities informed      compensation package offered or, if for any
impact and circumstances of the household;        of significant activities. Regular information    reason, the compensation does not
(ii) for those losing productive land,            will be provided to the ward/commune              materialize according to the agreed
livelihood transition allowance equivalent to     People’s Committees, village chiefs and           schedule, the AP has the right to lodge a
1.5 times the compensation of the affected        local mass organizations. The local People’s      complaint.       Grievance/queries       from
land; (iii) agricultural extension assistance;    Committees will maintain a public notice          displaced peoples at the first instance may
(iv) vocational training free of charge within    board where significant information and           be lodged verbally or in written form with the
the province for household members of             schedules will be posted. In addition to this     Ward/Commune People’s Committee. The
working age for a limited period of time; (v)     affected households will be consulted             complaint shall be discussed in an informal
for vulnerable households cash social             directly through public consultation meetings     meeting with the displaced people and the
support allowances for 3 years, the level of      on significant matters affecting them. Such       People’s Committee will be required to
such support will depend on the severity          public consultation meetings will take place      provide a decision/further advice on the
and type of loss; and (vi) potentially other      (i) prior to the conduct of the DMS (to advise    issue within 15 days from the date the
forms of livelihood restoration support if        survey schedules and procedures), (ii)            complaint is received. All meetings shall be
deemed needed based on consultation with          following the DMS (to advise of DMS results       recorded and copies of the minutes of
affected persons and project stakeholder          and proposed mitigation measures), (iii)          meetings will be provided to displaced
during      preparation    of    the   updated    during      preparation    of    the   updated    peoples. If no amicable solution can be
resettlement plan. In addition the Project will   resettlement plan (to identify appropriate        reached or if no response is received from
seek to maximize project work opportunities       livelihood restoration measures, advise of        local People’s Committee within 15 days of
to adults in the affected local communities       compensation rates and details of                 registering the complaint, the displaced
(both men and women) during the                   allowances and assistance measures as             people can elevate the matter to the City
implementation phases. Such opportunities         well       as     details    of    resettlement   Resettlement Committee (CRC) within 45
will be announced in the local areas.             arrangements); and (iv) on-going through          days of originally lodging the complaint. The
                                                  implementation of the resettlement plan. In       CRC is expected to respond within 1 month
upon receiving the grievance. If the               their concerns or problems with the ADB
displaced people is not satisfied with the         Southeast Asia Department (SERD) either       Monthly Report and Quarterly Reports will
decision of the CRC or in the absence of           directly (No. 6 ADB Avenue, Mandaluyong       be prepared and submitted to ADB. A post-
any response, the displaced people can             City, Philippines), or through the ADB        resettlement impact evaluation will also be
present the grievance to the Provincial            Vietnam Resident Mission.                     undertaken to assess whether impacts of
People’s Committee. The PPC will review                                                          the Project have been mitigated adequately
and issue a decision on the appeal within 30       13. QUESTION: When is the project             and the pre-project standard of living of
days from the day it is received. If the           expect to start?                              affected persons have been restored as a
displaced people is still not satisfied with the                                                 result of the resettlement and project. ADB
decision of the PPC or in the absence of           ANSWER: The project is expected to            will also monitor these activities in its regular
any response within the stipulated time, the       commence in December 2011. The updated        supervision     missions     during       project
displaced people may submit his/her case to        resettlement plan will require at least 4     implementation. Semi-annual reports of the
the court. The resettlement committees             months to prepare and site clearance is       EMO will be disclosed to affected
concerned will properly document all               expected to commence in the 4th quarter of    communities.
complaints and resolutions.            Affected    2011. Affected communities will be kept
persons will be exempted from all taxes,           informed of updated activity schedules from   15. If you have further queries and
administrative and legal fees. displaced           January 2012.                                 suggestions, please contact us at:
peoples may keep the SEU of the PMU
informed of the nature and status of any           14. QUESTION: How will you know if            Project Management Unit, Comprehensive
grievances presented at any point during           these undertakings are kept and the           Socioeconomic Urban Development Project
the grievance redress process, but the PMU         objectives of this Project are met?           Attention: Social and Environment Unit
can not adjudicate on any of the grievances                                                      Address:
raised. If efforts to resolve disputes using       ANSWER: All project activities will be        Phone:
the     grievance      procedures        remain    monitored by: SEU of the PMU and by an        Email:
unresolved or unsatisfactory, displaced            External Monitoring Organization (EMO).
peoples have the right to directly discuss




                                                                                                                                                     Appendix 2.6
                                                                                                                                                     105
106    Appendix 2.7


                   TERMS OF REFERENCE – REPLACEMENT COST STUDY
                  PPTA 7516-SOCIECONOMIC DEVELOPMENT PROJECT

I.     The Project

1. The proposed Socioeconomic Development Project comprises of various subprojects of two
cities and a town namely: Viet Tri City, Hung Yen City and Dong Dang. The subprojects include:
(i) roads, (ii) solid waste management, (iii) border gate, and (iv) river embankment. Within the
project scope of these subprojects are households that will be affected by land acquisition.

II.    Affected Persons

2.     It is estimated that approximately 1075 households will be affected by land acquisition.
There will also be some businesses that will be adversely affected owned by affected persons.

III.   Objectives

3.     The team shall verify and establish compensation rates for land, structures, trees and
crops to ensure that Project affected persons are compensated at replacement cost.

4.     The team members will be composed of:
       (i)    Representative from local authorities (land manager and head of village); and
       (ii)   Replacement Cost Survey surveyors.

IV.    Approach

5.      The establishment of replacement costs will be carried out based on information
collected from both desk research and direct interviews with people in affected area, both those
persons who are affected and those not affected.

6.     Desk research will focus on relevant publications, materials of Government authorities,
both at central and local levels. However, these materials will play the supporting role only. As
the work is aimed at obtaining reasonable replacement costs for different types of affected
assets, market evidences are the factors which most strongly base the formulation of these
costs. Direct interviews with people in the affected area, both those, whose assets are affected
by the Project and those, whose assets are not, will produce reliable data for establishment.

V.     Methodology

7.     Methodologies to verify the replacement costs for each type of affected assets are
described in the following parts. Sample sizes below are indicative and will be confirmed by
consultation between the valuer and the resettlement specialists.

       Data collection

       1.     Land

8.      The objective of this establishment is to determine whether the provincial prices are
sufficient or not to purchase the same quality and quantity of land. The establishment of
compensation for the loss of land is based on its market value. The best way to obtain this
market value is to gather data of some sales of land, which have just taken place. However, the
                                                                      Appendix 2.7     107


transfer of land use right does not always go along with such sales, which makes details of such
sales not recorded. The surveyors will make their best effort to collect those sales evidences to
support the verification of provincial prices. In addition, information to base the establishment
will be collected from direct interviews with owners of land in Project affected area, including
those, whose land is resumed and those whose land is not. The interviews will cover the
following issues:

       (i)    The recent land use rights transfer in the area;
       (ii)   The price, at which owners (affected and not affected persons) are willing to sell
              their land.

9.       Apart from determining the rates for various types of land. The valuer also need to
determine the transaction costs involved such as administrative charges, taxes, registration and
titling costs. The valuer should bear in mind that when establishing replacement cost for each
type of assets, transaction costs should be clearly specified and should be shouldered by the
Project.

       Sample size:
            Owner of affected land:                                 5 households per
                                                                    ward/commune
              Owner of non-affected land                            5 households per
              (adjacent to affected land or in similar area)        ward/commune.

       2.     Structures

10.     The objective of this establishment is to determine whether the provincial prices enable
APs to rebuild their affected structures. The establishment of compensation for affected
structures is based on the principle of replacement cost. The information to base the
establishment will mainly be collected from direct interviews with parties involved, including
owners of structures (both those whose structures are affected by the Project and those whose
structures are not affected), construction contractors specialized in residential building.

11.    The interviews will be conducted based on a pre-developed interview guide, which will
cover the following issues:

       2.1    Interviews with owners of structures:
              a.     Construction materials:
                     (i)    Main materials they used for their current structures
                     (ii)   Type of shops where they bought construction materials
                     (iii)  Distance of transport
                     (iv)   Origin of the materials (local or overseas)
                     (v)    Costs of various materials.


              b.      Labor
                      (i)   Who built the structures: owners themselves or contractors, if
                            owners built themselves, they use their own labor or hire other
                            people.

       2.2    Interviews with construction contractors:
                     (i)    Main materials which are most used by the local people to build
108    Appendix 2.7


                               their structures;
                       (ii)    Costs for those main materials;
                       (iii)   Cost of labor;
                       (iv)    Average construction cost (cost per m2 floor) for different types of
                               houses according to different categories;
                       (v)     Validation of provincial construction prices (cost per m2 floor for
                               each category).

12.    The structures will include but not limited to the following:
       (i)    Houses
       (ii)   Kitchens (in case they are separated from houses)
       (iii)  Toilets, bathrooms (in case they are separated from houses)
       (iv)   Any other structure associated to the house

       Sample size:
            Non-state owners of structures affected by the               3 households per
            Project:                                                     ward/commune
            Owners of structures not affected by the Project:            3 households per
                                                                         ward/commune
               Construction contractors:
               - Private construction companies/groups:                  3 companies/groups
               - Shops retailing construction materials:                 10 shop owners.

       2.3     Other community-based development projects and other facilities (electric
               posts, water supply system, water pipes)
               For those facilities, the establishment will be based on the replacement costs.
               Similarly in the case of structure, cost to construct those facilities will be
               determined to see whether the compensation is enough to reconstruct them.
               Information to base the evaluation will be conducted with officials in charge of
               constructing such facilities to determine material cost and labor cost.

       3.      Trees

13.    The objective of this establishment is to determine whether the intended provincial prices
to be paid to APs are equivalent, lower or higher than the average market price. The basis of
the establishment is to determine the average market price for each type of tree. The
information to base the establishment will be collected from:
       (i)     Secondary sources:
                      Publications of National Statistical Office
                      Publications of Price Committee
       (ii)    Primary sources:
                      Interviews with people who own the same trees in the locality. The
                      interviews will cover:
                      price, at which owners are willing to sell each type of trees. The prices for
                      perennial trees will be differentiated by the age of the trees.
                      Team will investigate the sales price of outputs of different type of trees in
                      the market.

       Sample size:
            Owners of crops and trees affected by the Project:           10 households
                                                                       Appendix 2.7     109


               Owners of crops and trees not affected by the           10 households
               Project:
               Market vendors:                                         5 persons

VI.     Establishment of Replacement Cost

14.     Replacement Cost = Current Market Value + Transaction Cost

15.     Apart from determining the rates for land and non-land assets indicated above. The
valuer also need to determine the transaction costs involved such as administrative charges,
taxes, registration and building permit costs. The valuer should bear in mind that when
establishing replacement cost for each type of assets, transaction costs should be clearly
specified to ensure that these expenses or costs are shouldered by the Project and should not
be deducted from the compensation payment that each AP will receive. A separate section in
the report should present how transaction costs are calculated.

        1.     Current Market Value

16.    Based on the activities carried out: (i) present the methodology used, and (ii) prepare a
table and discuss among the team the unit rates to be applied for the project.

                            Government Rates          Current Market         Proposed Project
 Type                            (Date)                   Value                 Unit Rate

 Example Only
 Land (Agri-Category 1)

 Building Materials
 Cement (per bag)
 Wood
110    Appendix 2.7



       2.      Transaction Costs

   Asset                         Types of Transaction Cost               Calculation / Formula
   Land                     Taxes
                            Registration
                            etc.
   House                    Building permit
                            etc.

* State administrative charges, taxes, registration, building permits, titling costs, etc.

								
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