Resettlement Plan
The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Resettlement Plan - Addendum Document Stage: Revised Project Number: 45198 November 2017
Viet Nam: Secondary Cities Development Project Package TK-02: Dien Bien Phu Road, Tam Ky City, Quang Nam Province (Section: Km6+309,8 –Km8+106,22)
Prepared by Provincial People’s Committee of Quang Nam.
2
PROJECTS CONTRUCTION INVESTMENT MANAGEMENT AUTHORITY OF
QUANG NAM PROVINCE
Loan 3044-VIE
ADDENDUM TO UPDATED RESETTLEMENT PLAN
For Dien Bien Phu Extension Road
Prepared by: Projects construction investment management authority of Quang Nam province
3
CURRENCY EQUIVALENTS
(As of August 2017)
Currency Unit = Dong (VND)
$1,00 = 22,400 VND
NOTEs:
(i) The fiscal year (FY) of the Government of Viet Nam ends on 31 December. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2015 ends on December 31 2016.
(ii) In this report, "$" refers to US dollars.
(iii) This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
4
ABBREVIATIONS
ADB – Asian Development Bank AEC – Agriculture Extension Centre AH/AP – affected household/affected person CFLD – Center for Land Fund Development CPC – City People’s Committee DMS – Detailed Measurement Survey DOLISA – Department of Labor, War, Invalids and Social Affairs EA – Executing Agency FS – Feasibility Study FHH – Female-Headed Household HH – Household IA – Implementing Agency IOL – Inventory Of Losses ISC – Implementation And Support Consultant LURC – Land Use Right Certificate PC – People’s Committee PMU – Project Management Unit PPC – Province People’s Committee RCS – Replacement Cost Study ROW – Right-Of-Way RP – Resettlement Plan SCDP – Secondary Cities Development Project VND – Vietnamese Dong VTC – Vocational Training Centre WU – Women’s Union
5
GLOSSARY
Affected persons (APs)
- Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement.
Compensation - This is payment given in cash or in kind to affected persons (APs) at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project.
Cut-off Date - Date prior to which the occupation or use of the project area makes a person, household or entity eligible to receive compensation and assistance under the Project. 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 and after the conduct of the detailed measurement survey (DMS). For this project, 23 March 2017 is considered as the cut-off date.
Detailed Measurement Survey (DMS)
- Finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs. The final cost of resettlement can be determined following completion of the DMS.
Entitlements - Refers to a range of measures, such as compensation in cash or in kind, income restoration support, transfer assistance, relocation support, etc., which are provided to the APs depending on the type and severity of their losses to restore their economic and social base.
Land Acquisition - Process whereby any household under the Secondary Cities Development Project, through the Land Fund Development Centre, will alienate all or part of the land it owns or possesses to the ownership and possession of that agency for the project in return for compensation at replacement costs.
Relocation
- Physical relocation of an AP from her/his pre-project place of residence and/or business.
Replacement cost
- Means the amount in cash or in kind needed to replace an asset in its existing condition, without deduction of transaction costs or depreciation and salvageable materials, at prevailing current market value at the time of compensation payment.
Resettlement
- Refers to various measures provided to DPs or AHs to mitigate any and all adverse social impacts of the project, including compensation, relocation, and rehabilitation as needed.
Severely affected Households
- This refers to AHs who will (i) lose 10% or more of their productive land and their main source of income is from
6
agriculture and (ii) HHs who conduct business or any other income generating activity in their house and the HHs have to relocate.
Vulnerable groups - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized due to the project and specifically include: (i) female-headed households with dependents, (ii) household heads is disability, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households who are landless and with no other means of support, (v) landless households, (vi) ethnic minorities.
7
Contents
1. DESCRIPTION OF THE PROJECT AND SUBPROJECT 13
1.1. Background of the project 13
1.2. Sub-Components in Tam Ky City 13
1.3. The objectives of the resettlement plan 14
1.4. Measures taken to Minimize Negative Impacts 15
2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 16
2.1. Permanent impacts 16
2.1.1. Impact on land 16
2.1.2. Impacts on houses 17
2.1.3. Impacts on secondary structures and tombs 17
2.1.4. Impacts on crops and trees 18
2.1.5. Impact on business 18
2.1.6. Impact on public property 19
2.1.7. Impact o heritage/cultural herige and conservation areas 19
2.2. Temporary impacts 19
2.3. Unforeseen impacts 19
3. SOCIOECONOMIC SURVEY 19
3.1. Socio-economic information in sub-project Area 20
3.2. Socio-economic information in six communes/wards in subproject area 20
3.2.1. Household demographic 20 3.2.2. Education 22 3.2.3. Occupation 23 3.2.4. Poverty 24
3.3. Socio - economic status of affected households 25
3.4. Gender issues 28
4. INFORMATION DISCLOSURE AND PUBLIC CONSULTATION 29
4.1. Information Disclosure and dissemination 29
4.2. Public consultation 29
4.2.1. Meetings with Local Authorities 29 4.2.2. Consultation with Affected HHs 30
5. GRIEVANCE REDRESS MECHANISM 30
6. POLICY AND LEGAL FRAMEWORK FOR RESETTLEMENT 33
6.1. Relevant Vietnamese Legislation 33
6.2. Quang Nam province Decisions on land acquisition, compensation and resettlement in the province 34
6.3. ADB social Safeguards Policy and Requirements 35
6.4. Project Principles 35
6.5. Eligibility Policy 37
6.6. Reconciliation of Government and ADB Policy on Resettlement 37
7. ENTITLEMENTS, ASSISTANCE AND BENEFITS 40
8. RELOCATIONS AND RESETTLEMENT SITES 46
9. INCOME RESTORATION PROGRAME 46
9.1. Need for an Income Restoration Program 46
9.3. Vocational Training for affected households 47
8
9.4. Access to credit Error! Bookmark not defined.
9.5 Budget for implementation of IRP 47
10. RESETTLEMENT BUDGET 48
10.1. Source of budget 48
10.2. Replacement cost survey 48
10.3. Estimation of Resettlement cost 48
11. INSTITUTIONAL ARRANGEMENTS 49
11.1. Provincial People’s Committee of Quang Nam Province 49
11.2. Tam Ky City People’s Committee 50
11.3. Project Management Unit (PMU) 50
11.4. Centre for Land Fund Development of Tam Ky City 51
11.5. Local Administrative Authorities (District, Communes/Ward) 52
11.6. Local Mass Organizations 52
11.7. Project Management and Implementation Support Consultant (PMIS) 52
12. IMPLEMENTATION SCHEDULE 53
13. MONITORING AND REPORTING 54
13.1. Internal Monitoring 54
13.2. External Monitoring and Evaluation 55
List of Figures
FIGURE 1 DIEN BIEN PHU STRATEGIC ROAD .................................................................................................. 14 FIGURE 2 MALE AND FEMALE IN SIX COMMUNES ......................................................................................... 20 FIGURE 3 LOCATION OF TAM KY CITY RESETTLEMENT SITES ......................................................................... 46
List of Tables
TABLE 1 CLASSIFICATION OF HOUSEHOLDS THAT WILL LOSE AGRICULTURAL LAND ................................. 16 TABLE 2 LAND AFFECTED IN THE COMMUNES ............................................................................................ 16 TABLE 3 AFFECTED AREA OF HOUSES ......................................................................................................... 17 TABLE 4 AFFECTED SECONDARY STRUCTURES ............................................................................................ 18 TABLE 5 IMPACTS ON TREES AND CROPS ................................................................................................... 18 TABLE 6 GENDER STRUCTURE OF HHS MEMBERS BY COMMUNE / WARD ................................................ 21 TABLE 7 AGE STRUCTURE OF HHS MEMBERS ............................................................................................. 21 TABLE 8 AGE GROUP BY WARD/COMMUNE ............................................................................................... 22 TABLE 9 EDUCATION LEVEL ......................................................................................................................... 23 TABLE 10 OCCUPATION OF HHS MEMBERS ................................................................................................... 23 TABLE 11 TYPES OF HOUSEHOLDS ................................................................................................................. 24 TABLE 12 TYPES OF HOUSEHOLDS BY COMMUNES/ WARDS ........................................................................ 25 TABLE 13 GENDER OF SURVEYED AH MEMBERS ........................................................................................... 26 TABLE 14 OCCUPATIONS OF SURVEYED HHS ................................................................................................. 26 TABLE 15 INCOME OF HOUSEHOLDS ............................................................................................................. 27 TABLE 16 EXPENDITURE OF HOUSEHOLDS .................................................................................................... 27 TABLE 17 MEETINGS WITH LOCAL AUTHORITIES AND AFFECTED HOUSEHOLDS .......................................... 29 TABLE 18 THE PROCESS OF GRM .......................................................................................................... 32 TABLE 19 GAPS BETWEEN NATIONAL LAWS AND ADB POLICIES AND GAP FILLING MEASURES ................... 38 TABLE 20 ENTITLEMENT MATRIX ................................................................................................................... 41 TABLE 21 INCOME RESTORATION MEASURES ............................................................................................... 47 TABLE 22 ESTIMATION RESETTLEMENT COMPENSATION COST .................................................................... 49 TABLE 23 IMPLEMENTATION SCHEDULE ....................................................................................................... 53
List of Appendixes
9
APPENDIX 1 PUBLIC INFORMATION BOOKLET ................................................................................................... 58 APPENDIX 2 MINUTES OF PUBLIC CONSULTATION MEETINGS IN TAM PHU COMMUNE .................................. 59 APPENDIX 3 MINUTES OF PUBLIC CONSULTATION MEETINGS IN TAM THANH COMMUNE ............................. 72 APPENDIX 4 CERTIFICATE OF REPLACEMENT COST SURVEY .............................................................................. 78
10
Executive Summary
Project description: The Government of the Socialist Republic of Vietnam has received a loan
from the Asian Development Bank (ADB) is to improve the urban environment and climate
resilience in Buon Me Thuot in the central highland region and the coastal cities of Ha Tinh and
Tam Ky resulting in improved environmental quality and increased coverage of urban infrastructure
and climate change in the three cities.
The Project consists of 11 sub-projects in three secondary cities in the central region of Vietnam,
including Buon Ma Thuot (Dak Lak province), Ha Tinh (Ha Tinh province) and Tam Ky (Quang
Nam province). Two out of the eleven sub-projects are in Tam Ky and they are Thach Ban River
Dyke completion work and Dien Bien Phu urban road construction. Land acquisition is required for
both packages: (i) Package TK-01: Ban Thach River Dike; and (ii) Package TK-02: Dien Bien Phu
road.
The PPC of Quang Nam has planned the construction of the Dien Bien Phu Road with a total
length of 12,24km. The road was divided into 3 parts for construction. The first part with 6.31 km
length was split into various sections, from Hung Vuong crossroads to the new coastal highway
(emergency escape road or route129) and is under construction with funding from SCDP. The
construction work is included in packages TK-02A and TK-02B. The second part now under
construction with 4,14 km length, will link Tam Ky city with the new expressway, and is funded by
Quang Nam Province’s budget. The last part with 1,8 km length, from the emergency escape road
(129) to the coastline (Km6+309.8 to Km8+106.22) has not been constructed yet. Therefore, to
facilitate completion of the whole traffic route, the PPC of Quang Nam decided to construct the
Dien Bien Phu extension road by the Decision No. 4727/QD-UBND dated 30 December 2016
which gives approval for the FS.
This addendum resettlement plan is prepared for the last section of the Dien Bien Phu road
extension that is described above, and is based on (i) the approved FS by the Decision No.
4727/QD-UBND dated 30 December 2016 of Quang Nam PPC (ii) agreement of ADB on the Mid
Term Review Mission from 3 to 8 May 2017, and (iii) results of DMS, public consultations with APs
and the replacement cost survey.
Scope of impact: The Dien Bien Phu extension road subproject affects 65 households (323
people) out of which 57 households (305 people) are severely affected households, and of which
15 households (44 people) have to relocate (07 out of these 15 households will also lose
agricultural land) and 50 households (261 people) lose more than 10% of their agriculture land.
There is 01 vulnerable HHs (this is the poor female headed HH with dependents).
Socio-Economic survey of affected households: The socio-economic status of the affected
households was surveyed by the PMIS Consultant from 27 June to 07 July 2017. Interviews were
held with 63 out of 65 affected households to assess the socio-economic status of the people
affected by land acquisition.
Community consultation and information dissemination: 02 Meetings and public
consultations were held in each affected commune during the preparation and implementation of
the subprojects. The first meeting was held in Tam Phu commune on 10 January 2017 and the
second meeting was held in Tam Thanh commune on 14 January 2017.These meetings
disseminated compensation policies and rehabilitation and support measures. The consultations
with the households include the compensation unit prices for affected assets, project plans,
announcement of the application results of compensation unit prices, interests and entitlements
11
and explanations to questions and complaints and the grievance redress mechanism. The Project
Information Manual (PIB) was delivered to the affected families and their communities.
Grievance redress mechanism is set up to address complaints and questions from affected
households related to land acquisition, resettlement and compensation as quickly and
satisfactorily as possible. The families have rights to make any claims regarding the land
acquisition, resettlement, compensation policies, benefits, rates and payment of compensation,
strategies and procedures for resettlement as well as other support programs. According to the
procedures for complaint settlement, the people's committees of the communes, wards and social
institutions play the settlement role at commune level while the district/province people's
committees will be responsible for resolving complaints at the district and province levels. The
courts will be the final level for the settlement of complaints of the affected households. The
grievance redress mechanism will be published to the affected people during public meetings and
consultations.
The Compensation, Allowances and Resettlement Policy: The Compensation, Allowances
and Resettlement Policy is based on the approved resettlement plan of the first section of the
Dien Bien Phu road, newest applicable laws and regulations of the Quang Nam Province on land
acquisition, compensation, resettlement, rehabilitation to ensure that the entitlement is upgraded
and satisfied the ADB's policy on involuntary resettlement as defined in ADB’s Social Safeguard
Policy Statement (SPS-2009). If there is any discrepancy between the regulations of the
Government of Vietnam and ADB, the ADB rules, policies and procedures will be applied.
The rights and entitlements of the affected people (APs) are presented in the entitlement matrix
with the affected people as identified during the detailed measurement survey (DMS). This
entitlement matrix will be applied for preparation of the compensation plan to ensure the
restoration or improvement of APs’ incomes and livelihoods that are affected by the subproject.
Entitlements: The project entitlements adopted are based on ADB’ SPS 2009 on IRP,
Government Laws, Quang Nam Province People’s Committee Decisions on land acquisition,
resettlement and assistance. These entitlements were discussed and agreed with AHs during
public consultations. All compensation is based on the principle of replacement cost. The Da
Nang Evaluation and Financial Services JSC was employed by Quang Nam PPC to carry out a
replacement cost survey (RCS).
Relocation and resettlement: All AHs will be compensated in cash for their affected residential
land and structures. During consultations with AHs, the 14 relocated AHs agreed to move to
Tan Thanh and Tam Phu Resettlement Sites .
Income Restoration and Rehabilitation: The AHs will be provided with various types of cash
assistance for income and livelihood restoration and life stabilization as per government laws
and regulations in addition to payment for affected land and non-land assets. An income
restoration program will be started in Quarter 4, 2017 which will provide cooking training course
to 85 APs.
Institutional Arrangements: Quang Nam PPC is the Executing Agency (EA) for the project.
And Tam Ky City PMU is the Implementing Agency (IA). At the city level, the Tam Ky City
People’s Committee, together with relevant line agencies such as the city land fund
development center (LFDC) and the local authorities will be responsible for the implementation
of the RP.
12
Resettlement Budget: The compensation for affected households is based on the replacement
cost of affected assets determined by the Da Nang Evaluation and Financial Services JSC . The
total budget for the implementation of the resettlement plan is VND 22,189,834,865 equivalent to
USD 990,618. This cost includes: (i) The cost of compensation and support for AHs; (ii) The cost
of implementation administration and; (iii) contingency cost. The People's Committee of Quang
Nam province has a responsibility to provide adequate budget and to make timely payments of
the compensation. The PMU in combination with the city land fund development center is
responsible for the direct payments to affected households.
Implementation Schedule: The addendum RP will be prepared in the 4th quarter of 2017 and
should get approval within 2 months afterwards. The construction is expected to be implemented
over one year and will commence in end of 4th quarter of 2017. The detailed of schedule of
resettlement activities are presented in Table 23 below.
Monitoring and Reporting: The Internal Monitoring is the responsibility of the PPC through
PMU with assistance from the resettlement specialist of the Project Management and
Implementation Consultant (PMIS). PMU will submit quarterly monitoring reports to ADB. PMU
has engaged an external monitor (EM) to provide an independent periodic review and assessment
of (i) achievement of resettlement objectives; (ii) changes in living standards and livelihoods; (iii)
restoration of the economic and social base of the affected people; (iv) effectiveness and
sustainability of entitlements; and (v) the need for further mitigation measures as required. Semi-
annual external monitoring reports will be submitted to ADB and PMU.
13
1. DESCRIPTION OF THE PROJECT AND SUBPROJECT
1.1. Background of the project
1. Developing the secondary cities of Viet Nam is vital to forestalling the spatial and economic
disparities that can jeopardize the country’s sustained economic growth and attainment of its
development aspirations. Three cities have been selected under the Secondary Cities
Development Project: Tam Ky (Quang Nam Province), Buon Ma Thuot (Dak Lak Province)
and Ha Tinh (Ha Tinh Province).
2. The selected cities are rapidly developing urban areas whose potentials have been
constrained by weak infrastructures services. The economy of these cities, though still largely
agriculture based, indicates significant potential for newly emerging industries and services.
Road development, flood protection and drainage and solid waste management are the three
main development orientations under the SCDP.
1.2. Sub-Components in Tam Ky City
3. Tam Ky is the capital of Quang Nam Province. The core driver of economic growth for Tam
Ky and the surrounding area is the Chu Lai (SEZ). This is a very large area of some 27,000
ha, including 3,000 ha of industrial land.
4. Disaster management is a real concern for the coastal communities in Tam Ky and in Quang
Nam Province, where in the past inadequate storm warning systems and climate resilient
escape routes and rescue routes have not been adequate.
5. The existing roads and transport infrastructure are also not sufficiently attractive to make Tam
Ky competitive.
6. To answer to the above concerns, flood management and strategic roads development sub-
components have been proposed for Tam Ky City:
� Flood Management – Ban Thach River Dyke Completion and Upgrading
� Strategic Roads Development – Dien Bien Phu Road
7. The construction of Dien Bien Phu Road is required for the following key reasons:
� To support Tam Ky planned urban expansion through (a) Residential Development Areas; (b) Chu Lai Special Economic Zone Development; (c) Planned Recreation/Tourism and Cultural Development;
� To develop a strategic road link from the proposed national expressway to the national coastal road (under construction); and
� To improve disaster management facilities by linking Tam Ky urban areas (existing and proposed) to the national coastal road.
8. The two parts of Dien Bien Phu Road with total length of 10.45 km (the red section in figure
1-3) are under construction with funding from both ADB and Quang Nam PPC’s budget. The
third part of Dien Bien Phu (Dien Bien Phu 3B) road extension is about 1,8 km (the yellow
section in figure 1-3) and extends from the emergency escape road (129) to Tam Ky Coastline
(Km6+309.8 - Km8+106.22). The total road width including Right of Way (ROW) is 20m wide.
14
9. This addendum to updated Resettlement Plan only focuses on the third part of Dien Bien Phu
road (Dien Bien Phu 3B).
Figure 1 Dien Bien Phu Strategic Road
1.3. The objectives of the Addendum
10. The resettlement plan ensures that the subproject will (i) avoid involuntary resettlement
wherever possible; (ii) minimize involuntary resettlement by exploring subproject and design
alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real
terms relative to pre-subproject levels; and (iv) improve the standards of living of the displaced
poor and other vulnerable groups.
11. This document is prepared for the last 1,8 km section of Dien Bien Phu road and is based on
the approved detailed design for the road, results of the DMS, replacement cost survey and
consultations with APs.
12. This Addendum is the guiding document that identifies the key issues to address in reconciling
the requirements of ADB’s SPS 2009 on Involuntary Resettlement with national and provincial
government policies on compensation, assistance and resettlement. Concerns for involuntary
resettlement have been integrated in this document and will govern subproject design,
implementation, and monitoring.
15
13. This Addendum includes the following:
(i) Policy and procedural guidelines for land acquisition, compensation, resettlement, and strategies that will help ensure full restoration of the AH’s livelihood and standard of living;
(ii) Identification of households and communities to be adversely affected by the subproject, where they are located, what compensation and related alleviating measures is to be provided to them and how and when these measures will be carried out;
(iii) A plan on how AHs will be involved in the various stages of the subproject, including resolution of grievances; and.
(iv) An estimated budget for resettlement implementation.
14. The Addendum is made to minimize negative impacts of sub-project and ensure mitigation
and compensation measures, which will help affected people recover their living standards at
least equal to their condition before the project implementation. To accomplish this, the
resettlement plan will achieve the following objectives:
� Determine the project’s affected areas and negative impacts on affected people as well as the impact on their property and economic - cultural and livelihood impacts;
� Determine affected people’s rights and entitlements to the compensation and support based on the replacement cost principle and the requirements of the national laws and the ADB policies;
� Describe the project’s procedures for compensation and support policy, including the grievance redress mechanism; and
� Describe institutional arrangements and financial requirements to implement plans and monitor the implementation of the resettlement plan.
1.4. Measures taken to Minimize Negative Impacts
15. During IOL, the basic design was shown in the public consultation meetings to obtain the
comments from AHs, their comments were recorded and considered for adjusting or
correcting during prepare the detailed design. The detailed design was presented again to
AHs to let them contribute their opinion and census to minimize the land acquired area of the
subproject but still harmonize with city planning.
16. A public information booklet (PIB) that explains, among others, the policy on cut-off date for
eligibility, will be distributed to the AHs and local governments during the preparation of the
RP. PIB will be distributed to the AHs and local governments, as needed, following ADB‟s
concurrence of the Project RP. Other than the afore mentioned, Government will ensure that
the acquisition of assets, payment of compensation, assistance and rehabilitation of the AHs
will be completed prior to the issuance of notice to proceed (NTP) to start construction works.
17. Meaningful consultations were conducted with affected households on January 2017 to obtain
their expectation toward subproject, contributive comments for basic design to minimize
negative resettlement impacts and specially to receive their consensus. In the consultation
meeting, the design and its explanation were presented to AH to obtain their comments to
avoid the land acquisition as much as possible. The expected construction plan is reviewed
to avoid their cropping season or they are informed at least prior 3 months for their
arrangement of their business or plantation plan. The local people suggested the timing of
daily construction schedule to avoid storm season. The daily construction activities are
16
discussed with households to avoid disturbance of their business and travelling. see the
Appendix 2: Minutes of Public Consultation Meetings)
2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
18. The DMS was conducted by the Land Fund Development Center (LFDC) of Tam Ky City from
October 2016 to 22/03/2017. The DMS collected disaggregated data on all affected land and
assets (structures, trees, crops) as well as affected businesses. The census obtained detailed
information on livelihoods, household composition, income and education qualifications.
2.1. Permanent impacts
19. The DMS results show that 67 families/organizations in 02 communes of Tam Ky City are affected by the component, including 65 households (323 APs) and 02 organizations (Commune People's Committee). Among the 65 AHs, 57 households are severely affected, of which 15 households have to relocate; 7 out of 15 relocated AHs are affected by house and 07 other AHs are affected by both house and agricultural land. In total of 57 severely AHs, there are 50 households that lose over 10% of their productive land consist of 07 households that lose 10% to 30%, 21 households that will lose 30% to 70% and 22 households that will lose more than 70% of their productive land. Table 1 details the number of households in different categories depending on the percentage loss of their agricultural land and relocation.
Table 1 Classification of households that will lose agricultural land
Percentage loss of productive land
Number of households
Tam Thanh Tam Phú Total
10-<30% 01 06 07
30-70% 04 17 21
>70% 08 14 22
Sub-total 13 37 50
Relocated HHs 02 13 151
Source: DMS data
2.1.1. Impact on land
20. The total affected land area is 51,655.7 m2, of which, residential land area is 3,227.1 m2
(counting for 6.25 %) in the 2 wards of Tam Thanh and Tam Phu; agricultural land area is
28,765.8 m2 (55.51%) in the 2 wards of Tam Thanh and Tam Phu, including paddy land of
8,763.6 m2 (16.97%); annual crop land of 573.7 m2 (1,11%); perennial land of 5,067.2 m2
(9.81%); productive forest land of 578.9 m2 (1,12%) aquaculture land (ponds) 13.692,4 m2
(26.51%); non-agricultural land 8,818.2 m2 (17.07%) and surface water area is 10,934.7 m2
(21.17%). Details of impact on land is shown in the table 2 below.
Table 2 Land affected in the communes
1 Double counting 07 AHs lose both agricultural land and house
17
Stt Unit
Quantity Total
Tam Thanh Tam Phu Quantity Percentage
(%)
I Residential land m2 400 2,827.1 3,227.1 6.25
II Agricultural land m2 11,764.4 16,911.4 28,675.8 55.51
1 Paddy land m2 0 8,763.6 8,763.6 16.97
2 Annual crop land m2 0 573.7 573.7 1.11
3 Perennial land m2 4,766.4 300.8 5,067.2 9.81
4 Forest productive land
m2 578,9 0 578,9 1.12
5 Aquaculture land m2 6,419.1 7273.3 13,692.4 26.51
III Non-agricultural land
m2 8,818.2 0 8,818.2 17.07
IV Surface water m2 0 0 10,934.6 21.17
Total m2 20,982.6 19,738.5 51,655.7 100
Source: DMS data
2.1.2. Impacts on houses
21. There are 14 households that will be affected by the loss of their entire houses in the two
communes/wards. In Tam Thanh commune there are 02 households and in Tam Phu
commune there are 12 households. The total affected area of houses is 3.044,6 m2, of which,
142.5 m2 of the houses is category 3 and 2902.1 m2 is category 4 . (refer to Table 3 below).
Table 3 Affected area of houses
Communes Unit Grade-3 houses Grade-4 houses Total
Tam Thanh m2 0 400 400
HHs 0 2 2
Tam Phú m2 142.5 2.502,1 2.644,6
HHs 2 11 13
Total m2 142.5 2.902,1 3.044,6
HHs 2 13 15
Source: DMS
House categories are defined as follow: Category 4 houses are single storey solid construction structure (usually made in bricks)
Category 3 houses are having two floors firm structure (usually made in steel and concrete)
2.1.3. Impacts on secondary structures and tombs
22. The quantity of affected structures was measured for compensation, including ancestral
temples, fences and cement floors. There are 45 derelict tombs and 01 ancestral temples to
be relocated. The Tam Ky LFDC in combination with the local authorities will relocate these
derelict-tombs to a graveyard in the city. Regarding the ancestral temple, the host family will
not receive compensation but local authorities will build another one at their request instead.
The figures for the affected structures, detailed by type are shown in
23.
24. Table 4.
18
Table 4 Affected secondary structures
No. Types of structure Unit Quantity
Total Tam Thanh Tam Phu
2 Ancestral temple block 0 01 01
3 Concrete beam m3 0 5.32 5.32
4 Concrete entresol m2 0 60 60
5 Wood entresol m2 35 0 35
6 Granite tiles m2 0 111 111
7 Ceramic tiles m2 43 59 102
8 Drilled well with pump unit 0 11 11
9 Latrine substructure unit 2 11 13
10 Outside decorative structure unit 0 18 18
11 Brick pier m3 0 2.52 2,52
12 Cement yard m2 120 1,430 1,550
13 Brick fence md 200 730 930
14 Tombs block 15 30 45
Source: DMS data
2.1.4. Impacts on crops and trees
25. There are many kinds of trees, plants and crops that will be affected, but for the crops, the
PMU will early steps to inform APs about the land acquisition plan so that they do not cultivate
on the land to be acquired. However, the PPC will decide to compensate AHs for one rice
season even though they will not cultivate at that time. There are 351 fruit trees, 3,803 timber
trees 397 decorative trees and 1498 industrial trees that will be affected. In addition, there are
other types of decorative plants planted. The details are shown in Table 5.
Table 5 Impacts on trees and crops
No. Types of trees and
crops Unit
Quantity Total
Tam Thanh Tam Phú
I Rice m2 0 8,127 8,127
II Crops m2 0 287 287
III Trees and Plants
1 Fruit trees tree 23 328 351
2 Timber trees tree 1,801 2,002 3,803
3 Decorative plants m 0 90 90
4 Decorative trees tree 19 360 379
5 Industrial trees tree 618 880 1,498 Source: DMS data
19
2.1.5. Impact on business
26. According to the results of the socio-economic survey, there are no households that do
business or have small businesses.
2.1.6. Impact on public property
27. According to the DMS result, no public properties are affected.
2.1.7. Impact on heritage/cultural herige and conservation areas
28. The component does not affect historical or cultural heritage areas, nature conservation
areas, biosphere reserves or protected forests.
2.2. Temporary impacts
29. 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 temporary impacts of this subproject are mainly
noise and dust, but with the implementation of the appropriate mitigation measures, the
remaining temporary impact will be insignificant Together with the Tam Ky LFDC, the
contractors will undertake the corresponding compensation and allowances for all losses as
provided in the Project Entitlement matrix
2.3. Unforeseen impacts
30. Unforeseen impacts will include any impacts not included or anticipated at the time of
preparing the resettlement plan. Such unforeseen 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
affected 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 item 6.4 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.
2.4. Tenure status
31. The DMS results identified that all affected households have land use rights certificates
(LURC) for their affected land.
2.5. Vulnerable HHs
32. Based on the definition of vulnerable HH by the project, the survey results indicate that 01 HH
is considered vulnerable HH. This is poor female headed HH with dependents.
20
3. SOCIOECONOMIC SURVEY
33. The socio-economic status of affected households was conducted in June and July 2017.The
socio-economic data for the households in the project area and affected households are
presented in article 3.1 and 3.2 respectively.
3.1. Socio-economic information in sub-project Area
34. Tam Ky is the capital city of Quang Nam province with a population of approximately 148,000
people. According to statistical data from Tam Ky’s officers, average population density in 7
communes/ wards in Tam Ky is 3,716 people/km2. The population density is quite high, and
indicates the crowded population in city areas.
35. Overall, the province’s socio-economy in the first quarter of 2017 has been stable; industrial
production maintained a good growth rate; indicators of industrial production (IIP) in March
increased 35% compared to the previous month, and rose 6.5% in comparison with the same
period last year. Total retail sales in March were nearly VND 2,300 billion, increasing 6.6%
compared to the previous month, and rising 13% in comparison with the same period last
year. In the first three months of this year, total retail sales reached VND 6,670 billion,
increasing more than 10% compared to the same period last year. Revenue from hotels and
restaurant services was estimated at VND 2,343 billion, increasing 18% compared to the
same period last year, and therein VND 567 billion was from hotel service while revenue from
tourism service was estimated at VND 113 billion, rising by 80%.
36. In addition, total capital mobilized from credit institutions in the first quarter of 2017 was more
than VND 38,000 billion, increasing nearly 37% compared to the same period last year. Total
outstanding loans were over VND 45,000 billion, rising nearly 23.7% compared to the previous
year and increasing nearly 5% compared to the beginning of the year. Up to 21/03/2017, the
province has disbursed nearly VND 600 billion of the capital construction investment plan in
2017, reaching 21% of the plan. The state budget revenue in the 1st quarter of 2017 was over
VND 5,115 billion, rising 31% compared to the same period last year, and equal to 24% of the
yearly estimate; therein, domestic revenue was VND 3,800 billion, rising 42% compared to
the same period last year, and equal to 20% of the yearly estimate; import and export value
was VND 1,266 billion, equal to 20% of the yearly estimate, and increased by 9% compared
to the same period last year. Total local budget expenditure was nearly VND 4,234 billion,
reaching 21% of the yearly estimate, and rising 35% compared to the same period last year.
37. In addition, in the first quarter of 2017, the province has organized many cultural activities and
traditional events. The public administrative center has been in operation for nearly 3 months,
with the role of guiding, receiving and resolving administrative procedures and returning
results to people and businesses and in doing so, it mostly satisfies people and businesses.
Province security is stable and protection in Tet and holidays is guaranteed.
3.2. Socio-economic information in six communes/wards in subproject area
3.2.1. Household demographic
38. The sample surveyed in 6 communes/wards was 1105 households. therein 303 HHs are
female-headed HHs (accounted for 27.4%). The total population of 1,105 households is 3,952
people.
21
Figure 2 Male and female in six communes
Gender structure of HHs members
39. According to the table above, the gender of household members can be divided fairly evenly.
Specifically, there are 2050 male members (51.9%) and 1902 female members (48.1%).
40. Gender structure of members of HHs is relatively uniform between male members and female
members and the difference between the sexes is not much.
Table 6 Gender structure of HHs members by commune / ward
No. Ward/commune
Gender
Male Female
N % N %
1 Tan Thanh 628 51.6 590 48.4
2 Hoa Huong 311 43.3 407 56.7
3 An Phu 272 62.7 162 37.3
4 An My 162 49.1 168 50.9
5 Tam Phu 404 55.5 324 44.5
6 Phuoc Hoa 223 56.6 171 43.4
7 An Xuan 50 38.5 80 61.5
41. For the areas of Tan Thanh, An Phu, Tam Phu, Phuoc Hoa the gender structure of the
members of the family have more men rather than women, most prominently in An Phu where
there were 272 males (62.7%) and 162 females (37.3%). In Hoa Huong, An My, An Xuan, the
number of female members was higher than that of males in the household, typically in An
Xuan, with a male share of 38.5% and female share of 61.5%. In general, in the 7 surveyed
areas, the sex structure in each commune / ward is different but not large.
42. The age of HHs members is divided into six groups: (i) under 6 years old; (ii) 6 to under 18
years old; (iii) 18 to under 35 years old; (iv) 36 to under 45 years old; (v) 45 to under 60; (vi)
over 60 years old. For details see the table below:
Table 7 Age structure of HHs members
Male,
2050
Female,
1902
22
No. Age group N %
1. Below 6 years old 222 5.6 2. From 6 to 18 years old 568 14.4 3. From 18 to 35 years old 1135 28.7 4. From 35 to 45 years old 524 13.3 5. From 45 to 60 years old 906 22.9 6. Above 60 years old 597 15.1
Total 3952 100.0
43. The age group structure shows that the proportion of youth age groups (18 to under 35)
accounts for the highest proportion of 28.7%. Secondly, the proportion of middle-aged people
(from 45 to under 60) accounts for 22.9%. The third group aged 60 and above is (15.1%). Age
group from 6 to under 18 years old was the fourth (accounting for 14.4%); the fifth group aged
(from 35 to under 45) accounts for 13.5%. Under the age of 6 accounts for the smallest
proportion (5.6%). The age structure is divided in proportions that show the prominence of the
nuclear family structure in households in Tam Ky city.
44. The age structure by ward/commune in Tam Ky shows that the proportion of people aged
from 18 to below 35 years has the highest age structure proportion in most of the 7 commune/
ward.
Table 8 Age group by ward/commune
No.
Ward/
commune
Age group
Below 6
years old
From 6 to 18
years old
From 18 to
35 years old
From 35 to
45 years old
From 45 to
60 years old
Above 60
years old
N % N % N % N % N % N %
1 Tan Thanh 50 4.1 98 8.0 344 28.2 201 16.5 333 27.3 192 15.8
2 Hoa Huong 64 8.9 103 14.3 166 23.1 88 12.3 173 24.1 124 17.3
3 An Phu 15 3.5 53 12.2 135 31.1 55 12.7 92 21.2 84 19.4
4 An My 5 1.5 43 13.0 81 24.5 52 15.8 90 27.3 59 17.9
5 Tam Phu 34 4.7 150 20.6 230 31.6 81 11.1 146 20.1 87 12.0
6 Phuoc Hoa 53 13.5 81 20.6 129 32.7 36 9.1 57 14.5 38 9.6
7 An Xuan 1 .8 40 30.8 50 38.5 11 8.5 15 11.5 13 10.0
45. The proportion of people aged from 18 to below 35 years in Tan Thanh is (28.2%), from 35 to
45 years old (16.5%) and from 45 to 60 years old (27.3%). The proportion of people aged
from 45 to below 60 years is the highest age structure proportion in Hoa Khuong and An My
(24.1% and 27.3%, respectively) while for the remaining wards/communes, the age group
from 18 to 35 years old is higher than the other age groups: An Phu (31.1%), Tam Phu
(31.6%), Phuoc Hoa (32.7%) and An Xuan (38.5%),.
3.2.2. Education
46. According to the survey structure in Tam Ky City, the educational level of members in 1105
households was classified into 6 levels: (i) Illiteracy, (ii) Primary school, (iii) Secondary school,
(iv) High school, (v) Vocational training/College/Graduate, (vi) Post graduate.
23
47. According to the above data, education of household members in 7 surveyed areas is
relatively low and there is a significant proportion of illiterate people (200 people, accounting
for 5.1%). Primary level has 701 people (17.7%); secondary school accounts for the highest
rate of 1394 (35.3%), high school has 1120 people (28.3%), vocational/ college/ graduate
training has only 523 people (13.2) and post graduate 14 people (0.4%)
48. Generally, the educational level of the members of interviewed households does not
correspond with the current socio-economic development conditions especially since Vietnam
is in the process of joining the fourth industrial revolution and knowledge economy.
49. The education level of members by commune shows that the highest rates are for education
to secondary school and high school levels.
Table 9 Education level
No. Ward/commune
Education level
Illiteracy Primary
school
Secondary
school High school
Vocational
training/
College/
Graduate
Post
graduate
N % N % N % N % N % N %
1 Tan Thanh 49 4.0 190 15.6 486 39.9 349 28.7 138 11.3 6 0.5
2 Hoa Huong 58 8.1 131 18.2 270 37.6 183 25.5 74 10.3 2 0.3
3 An Phu 18 4.1 89 20.5 133 30.6 141 32.5 51 11.8 2 0.5
4 An My 4 1.2 55 16.7 133 40.3 94 28.5 44 13.3 0 0.0
5 Tam Phu 25 3.4 139 19.1 248 34.1 186 25.5 127 17.4 3 0.4
6 Phuoc Hoa 46 11.7 77 19.5 100 25.4 107 27.2 64 16.2 0 0.0
7 An Xuan 0 0.0 20 15.4 24 18.5 60 46.2 25 19.2 1 0.8
50. The communes / wards where education to secondary school level is the highest proportion
are Tan Thanh (39.9%), Hoa Huong (37.6%), An My (40.3%) and Tam Phu (34.1%).
Communes / wards where secondary school education is the highest proportion were An Phu
(32.5%); Phuoc Hoa (27.2%), and An Xuan (46.2%). According to the above data, the
educational attainment level of most people is secondary school and high school level.
3.2.3. Occupation
51. The local economy is still mainly agricultural. Therefore, the proportion of people working in
agriculture is the highest (36.3%). The highest proportion of age groups is the youth, while the
proportion of students account for 15.1%. Proportions of business people, employees, free
labourers, and privately self-employed are relatively equal (13.7%; 10.7%; 10.1%, 9.5%
respectively).
Table 10 Occupation of HHs members
24
No. Occupation N %
1. Agriculture 1137 36.3
2. Business 431 13.7
3. Employees 337 10.7
4. Self-employed 297 9.5
5. Be hired 302 9.6
6. Housewife 90 2.9
7. Retired 55 1.8
8. Free labour 318 10.1
9. Others 168 5.4
Total 3135 100
52. In addition, the proportion of people working as housewives is 2.9% and retirement is 1.8%.
The number of people that have other occupations accounts for 5.4%, and this proportion
includes the number of people who have lost their working capacity due to old age and some
people with disabilities or work-related accidents. The proportion of people engaged in
agriculture is the largest group and shows similarity with the educational level of HH members
since most of the agricultural population is educated from high school downwards.
53. The number of working-age people is 2792, of which 1235 are women (44.2%). This reflects
the similarity between men and women of working age. At the same time, the results suggest
that there should be active support to help men and women demonstrate equality and
efficiency in labor.
3.2.4. Poverty
54. In Tam Ky City, households are classified into 4 basic types: (i) Poor households; (ii) near-
poor households; (iii) Standard households; (iv) single-person households
55. Poor households and near-poor households are defined in Clause 1, Article 2 of Circular No.
17/2016/TT-BLDTBXH which guides the procedure of reviewing the poor and near-poor
households on a multi-dimensional approach for the period 2016 -2020 and is issued by the
Ministry of Labor, Invalids and Social Affairs. Accordingly, poor households and near-poor
households are the households which, through annual surveys and reviews, meet the criteria
for identifying poor households and near poor households as defined in Clauses 1 and 2,
Article 2 of Decision No. 59/2015/QD-TTg dated 19/11/2015 of the Prime Minister and are
recognized by the Chairman of the Commune People's Committee on the list of poor and near
poor households in the area. Therefore, the results of the survey on the type of household
only recognizes households with certificates from the commune / ward People's Committee
for poor households or near-poor households.
56. A single-person household is defined as a household where either a mother or a father singly
raise their children, any family that is divorced, separated, single, not married yet, or has a
close relationship between a man and a woman, or if married, live separately without
wife/husband.
57. Standard households are households that do not have economic difficulties, meet the basic
needs of food, accommodation, have freedom to participate in social and cultural activities,
and have a stable life.
58. See the table below for details of household types:
Table 11 Types of households
25
No. Type of household N %
1 Poor household 16 1.4
2 Near-poor household 41 3.7
3 Standard household 1029 93.1
4 Single-person household 19 1.7
Total 1105 100.0
59. The above table shows that the number of standard households is 1029 households, (93.1%).
The number of poor households is 16 (1.4%) and the number of near-poor households is 41
(3.7%). The number of single-person households is 19 (1.7%). In Tam Ky City, the number of
poor households makes up a small proportion, so it shows that the poverty reduction activities
are well done. The proportion of standard households is the majority, and shows that the
household economy is stable but there is no great development.
60. In the 7 communes / wards, most of the households are standard households, especially, in
Phuoc Hoa, where the percentage of standard households is 100%. In the remaining
communes / wards, the majority are still standard households: Tan Thanh (93.4 %), Hoa
Huong (86.6 %), An Phu (90.7 %), An My (95.6%), Tam Phu (97.0%), An Xuan (90.9%).
Table 12 Types of households by Communes/ Wards
No. Communes/ Wards
Types of household
Poor
household
Near-poor
household
Standard
household
Single –
person
household
N % N % N % N %
1. Tan Thanh 6 1.9 11 3.5 295 93.4 4 1.3
2.Hoa Huong 4 2.2 10 5.4 161 86.6 11 5.9
3.An Phu 4 2.2 13 7.1 166 90.7 0 0.0
4.An My 0 0.0 3 3.3 87 95.6 1 1.1
5.Tam Phu 0 0.0 3 1.5 191 97.0 3 1.5
6.Phuoc Hoa 0 0.0 0 0.0 99 100.0 0 0.0
7.Tan Thanh 2 6.1 1 3.0 30 90.9 0 .00
61. Poor households and near-poor households are concentrated in Tan Thanh (poor
households: 1.9% and near-poor households: 3.5%); Hoa Huong (poor households: 2.2% and
near poor households: 5.4%); and An Phu (poor households: 2.2% and near poor households:
7.1%).
3.3. Socio - economic status of affected households
62. The socio-economic status (SES) of affected households is based on the SES survey that
was conducted from 28 June to 07 July 2017 on 61 out of 65 AHs (57 severely affected
households and 04 marginally affected households) living in the 2 communes of Tam Thanh
and Tam Phu and are affected by the extension of Dien Bien Phu road, from the emergency
escape road (129) to the coastline (Km6+309.8 to Km8+106.22).
26
63. The land that is to be acquired for construction of the extension of Dien Bien Phu road is
agricultural land including paddy, annual crops, perennial, forest productive and aqua-cultural
land. This road will affect residential land also and affected households will have to relocate
to the Tan Thanh and Tam Phu resettlement sites.
64. The socio-economic survey was conducted simultaneously in both Tam Thanh and Tam Phu
communes, so it is therefore presented below for both communes.
65. General information of AHs: There were 61/65 HHs are interviewed, since four HHs did not
answer due to long-term absence and these HHs are only marginally affected. Among the 61
interviewed AHs who are affected by the Dien Bien Phu road extension, there are 323
persons, of which 166 are male (51.4 %) and 157 are female (48.6 %). Among the 61 surveyed
people, there are 29 men (47.5%) and 32 women (42.5%). Of the 61 HHs, 35 heads of HHs
are male and 26 heads of HHs are female. All of these HHs belong to the Kinh group. The
average household size is 4.96.
Table 13 Gender of Surveyed AH Members
Components No. of Surveyed
HHs
Members Average household
size Male Femal
e Total
Dien Bien Phu Extension Road
61 166 157 323 4.96
Percentage(%) 51.4% 48.6% 100%
Source: socio-economic survey, 06-07/2017
Livelihoods and income
66. Among 61 surveyed HHs, 59 HHs have jobs and 2 HHs with elder members who have
reached the retirement age (3.3%), are entitled to State subsidies, and have mature children.
There are 33 HHs doing agriculture work which accounts for 54%, 12 HHs with aquaculture
land ownership which accounts for 3.3%, 8 HHs working for the private sector or being
employed as workers which accounts for 13.2%, 03 HHs running small scale businesses e.g.
selling seafood at markets, which accounts for 4.9% and only 01 HH doing tailoring which
accounts for 1.6%. Most of the HHs doing agriculture have additional occupations; women
tend to work as hired labors in services or raising cattle whereas men tend to work in
construction occupations e.g. bricklayers or porters. 100% of children in school age (6-15
years old) have attended school. All heads & members of the HHs are literacy.
Table 14 Occupations of surveyed HHs
Component Dien Bien Phu
extension road
Main occupations
Ag
ricu
ltu
re
Aq
uacu
ltu
re
Go
vern
men
t
Ag
en
cy
Sm
all
sc
ale
bu
sin
es
s
Hir
ed
at
pri
vate
secto
rs o
r a
s
wo
rkers
Tail
ori
ng
Un
em
plo
yed
To
tal
No. of HHs 33 12 02 3 8 1 2 61
Percentage 54% 19.7% 3.3% 4.9% 13.2% 1.6% 3.3% 100%
Source: socio-economic survey, 06-07/2017
27
67. According to the survey results, by HH level, the lowest income is 200,000 VND/month and
the highest is 60,000,000 VND/month. The average income is 8,238,000 VND. Total income
calculated by the sum of main income sources and extra income sources is specified in
68. Table 15. Measured by income per capita, the lowest income is 200,000 VND /month and the
highest is 10,000,000 VND/month, average income per capita is 1,555,820 VND/month. HHs
with the lowest income are the head of HHs who are elderly, who mainly rely on the
government subsidies and the mature children (providing food and in-kind, not in cash).
Among the surveyed HHs, there is 1 poor HH given a recognition certificate in 2017.
Table 15 Income of households
Component Dien Bien
Phu extension road
The main income
source (VND)
Additional
income (VND)
Total income (VND)
Income calculated by HH
The lowest income 100,000 - 200,000
The highest income 60.000.000 15,000,000 60,000,000
Average income 5.757.213 2,382,623 8,238,197
Income per capita
The lowest income 100,000 0 200,000
The highest income 10,000,000 7,500,000 10,000,000
Average income 1,087,276 449,969 1,555,820
Source: socio-economic survey, 06-07/2017
69. The results show that the expenditure for family food and living cost accounts for about
54.74%, for health care 10.13%, education 14.25%, other expenditures e.g. weddings or
funerals and other unexpected expenditures 20.88%. This indicator shows that other
expenditures accounts for an enormous part of the total family expenditure. As for health care
expenditure, except for the government workers and healthcare-insured HHs under
preferential treatment policies, most of the HHs have to purchase voluntary healthcare
insurance for the family members. This helps reduce considerably the spending on
healthcare.
Table 16 Expenditure of households
Component Dien Bien Phu
extension road
Family expenditure
Food,
living cost
Health
care Education Others Total
The average expenditure of a HH 3.295.082 609.918 857.869 1.256.311 6.019.180
The expenditure rate 54.74% 10.13% 14.25% 20.88% 100%
Source: socio-economic survey, 06-07/2017
Access to social services
28
70. According to the survey result, 100% of the HHs have access to the national electricity grid.
There are 56 HHs using borehole water of which 2 HHs use dug-wells as an additional water
source, 06 HHs use tap-water with 01 of these 06 using dug-well water as an additional water
source. Most of the HHs believe that the quality of dug-well water is good and this kind of
water is used for daily bathing and cooking. There are 59 households (96.72%) that use
sanitary facilities for their family, only 2 HHs (3.28%) have no toilets.
71. Among the 59 surveyed HHs, 20 HHs have bicycles, 39 HHs have motorcycles, 1 HH has a
DVD player, 01 HH has an electric generator, 27 HHs have refrigerators, 05 HHs have
computers and 01 HH has a sewing machine.
3.4. Gender issues
72. Development projects can impact differently on men and women. The impacts on women are
often overlooked when mitigation measures focus solely on the nominal heads of households
alone to the exclusion of other household members. The compensation process associated
with land acquisition has the potential to alienate women from household assets if
compensation is not made to both spouses heading households. Female-headed households
face additional challenges associated with resettlement – especially when they are reliant on
extended family and social networks for the care and socialization of children.
73. A Gender Action Plan (GAP) has been prepared under the SCDP Project. This Gender Action
Plan includes specific actions and strategies that are gender responsive and culturally
appropriate.
29
4. INFORMATION DISCLOSURE AND PUBLIC CONSULTATION
4.1. Information Disclosure and dissemination
74. During RP preparation, information on the subproject was delivered to AHs through the PIB
and through loudspeakers within the project area. The compensation plan will be disclosed to
all AHs before and after submission for approval.
4.2. Public consultation
4.2.1. Meetings with Local Authorities
75. Two consultations have been organized with different stakeholders, including local authorities,
social organizations and affected people. During public consultation meeting the schedule of
the DMS, entitlements and replacement cost for compensation have been disclosed to the
Affected Households. PPMU delivered information on the results of DMS via distribution of
compensation plan to AHs. In the Public Consultation Meeting PPMU and LFDC also
presented (i) Project’s components; (ii.) GOV’s laws and procedures on land acquisition;
ADB’s policies on Involuntary Resettlement; (iii) Project’s Compensation Policy and
Entitlements; (iv) Project Impacts and Entitlements for each type of impact; (v) Preparation of
Resettlement Plan; (vi) Budget Costs and Tentative Implementation Schedule and (vii)
Grievance Redress Mechanism. The meeting allowed the participants to their questions for
clarifications on the resettlement policies, particular compensations and entitlements. Most of
AHs concerned about the compensation price, the time of handing over the land and request
to acquire the remaining land area that insufficient for cultivation. Representative of LFDC
response the AH’s question one by one. Basically, all participants confirmed that they
understood the project’s compensation policies and agreed with the replacement unit costs of
the land acquisition and resettlement plan. (Refer to Appendix 3: Minutes of Public
Consultation.
76. Results of the consultations have been summarized and are reflected in the table below.
Table 17 Meetings with Local Authorities and Affected Households
Date Location Participants Issues Discussed
10 Jan 2017 Quy Thuong Village, Tam Thanh Phu commune
Representatives of: - Tam Ky LFDC - Quang Nam PMU - Urban Management
Dept. - Local authorities - Affected households
Including 12 males and 05 females
Informed the AHs about the Compensation and Resettlement Policy
14 Jan 2017 Community hall of Tam Thanh commune
Representatives of: - Tam Ky LFDC - Quang Nam PMU - Urban Management
Dept. - Local authorities - Affected households
Including 19 males and 25 females
Informed the AHs about the Compensation and Resettlement Policy
30
4.2.2. Consultation with Affected HHs
77. Information dissemination and consultation with affected persons and involved agencies will
reduce the potential for conflicts and minimize the risk of Project delays. Furthermore, this
approach will enable the Project to design the resettlement and rehabilitation program so that
it meets the needs and priorities of the affected people, and in this way, potentially maximizing
the economic and social benefits of the investment. The objectives of the public information
campaign and the consultation program are as follows:
� To fully share information with the AHs about the proposed project components and activities
� To obtain information about the needs and priorities of the AHs, as well as information about their reactions to proposed policies and activities;
� To ensure that AHs are enabled to make fully informed decisions that will directly affect their incomes and quality of life, and that they will have the opportunity to participate in activities and decision-making about issues that will have a direct effect upon them;
� To obtain the maximum level of co-operation and participation of the AHs and communities in activities necessary for resettlement planning and implementation;
� To ensure transparency in all activities related to land acquisition, compensation, resettlement and rehabilitation.
5. GRIEVANCE REDRESS MECHANISM
78. A well-defined grievance redress mechanism (GRM) for SCDP has been established to
address AH’s grievances, complaints, and requests regarding land acquisition,
compensation and resettlement in a timely and satisfactory manner .
79. AHs (men and women) can lodge their complaints regarding any aspect of the land acquisition
and resettlement requirements such as entitlements, rates and payment and procedures for
the implementation of resettlement and income restoration programs.
80. The project grievance mechanism has been set up to address specific grievances relating to
SCDP but also follows the requirements of the Vietnamese laws and regulations. In Vietnam
there is an existing procedure for redress of grievances of certain fields: (i) Grievance Law
No. 02/2011/QH13 dated 11/11/2011 and Decree No.75/2012/ND-CP dated 3/10/2012; (ii)
Law on Denunciation No. 03/2011/QH13 dated 11/11/2011 and Decree No. 76/2012 dated
03/10/2012, and Circular No. 07/2014/TT-TTCP dated 31/10/2014 of the Government
Inspectorate on handling complaints, denunciations and petitions. However, ADB requires a
Grievance mechanism to be established for the project so in implementing the SCDP
Grievance Mechanism an appropriate level of communication and coordination will be
maintained with both of these departments and it has already consulted and disclosed to
affected households before get approval from PPC. And it is approved through the Official
Letter No.3882/UBND-KTTH dated 26 July 2017. The GRM for Dien Bien Phu extension road
will follow the approved GRM of SCDP project.
81. The grievance mechanism is formalized through written procedures and is specifically
addresses the requirements of both the project and affected local communities. In SCDP most
grievances will originate from persons affected by land acquisition and resettlement but can
also originate from damage to property or land caused by construction work or from
environmental damage and as a result of perceived irregularities during bidding processes.
31
82. The grievance mechanism establishes processes and procedures and these form part of an
ongoing community engagement strategy, with regular communication and feedback between
project staff and community members. Questions, suggestions and requests for information
about the project from the community members can be communicated using the same means
as for their concerns or complaints, but specific procedures will be put in place to deal with
their grievances. These procedures will be developed in a participatory manner that is
responsive to the views of all groups within the communities and other stakeholders.
83. The process of GRM for the SCDP project are described as follows.
32
Table 18 The process of GRM
Process
Description
Time
• Face to face meeting with Stakeholder • Phone, fax, letter or email • Recorded by Ward officials, Contractor
or PMU staff • Completion and submission of
grievance form
1 Day
• Record grievance in Grievance Form and log on Grievance Database or Logbook
• Receipt of grievance acknowledged through appropriate communication medium, but must be recorded in writing
5 Days
• PMU to coordinate with other concerned agencies and assess and assign grievance significance
7 days
Investigate Grievance and Develop
Response to Grievance
• Consult with relevant parties • Identify further action required • May require site visits and discussions
with other stakeholders
28 Days after
receipt of
grievance
• Response provided to complainant including, if necessary an indication of additional time and resources required to resolve grievance
30 Days after
receipt of
grievance
• Confirm with complainant that grievance can be closed, or determine what follow-up is necessary.
• If the grievance is to be closed, grievance sign-off is required.
38 Days
• Record final sign-off of grievance according to significance
• If grievance cannot be closed return to step 2 to re-assess or recommend whether third party arbitration is necessary
38 Days to 3
Months
depending on
significance
Identification of
Grievance
Grievance logged and
acknowledged
Assess significance of
grievance
Investigate grievance
and develop response
Communication of
response
Complainant
Response
Close grievance
33
6. POLICY AND LEGAL FRAMEWORK FOR RESETTLEMENT
84. The legal and policy framework for compensation, resettlement and rehabilitation applied for
this subproject is defined by current laws, decrees and related legal documents of the
Government of Vietnam and ADB SPS (2009) policies on Involuntary Resettlement. In the
event of any discrepancy between the laws and regulations of the Government and the
procedures and policies of the ADB on involuntary resettlement, the policies and requirements
of the ADB shall be complied with. This is entirely consistent with the Government's Decree
No.16/2016 /ND-CP dated 16/03/20162 on the management and use of official development
assistance (ODA) and preferential loans from donors. This is the basic principle stated in
Decree No.16/2016 /ND-CP, Article 46 regarding the compensation, support and
resettlement: "The compensation, support and resettlement of programs and projects shall
comply with the provisions of the current laws and international treaties on ODA and
concessional loans the Socialist Republic of Vietnam is a member. In case of differences
between the provisions of the domestic laws with the international treaties, the international
treaties shall be applied". Ordinance No.34/2007/PL-UBTVQH11 of the National Assembly
dated 20/4/2007 on the democracy implementation in communes, wards and towns regulating
the public information on "projects, works and investment priorities, implementation schedule,
compensation, support and resettlement plan for land clearance related to such projects and
works in communes, wards and towns".
6.1. Relevant Vietnamese Legislation
85. The current legal documents required by law for land acquisition, compensation, support and resettlement of the Government of Vietnam are as follows:
� Land Law No.45/2013/QH13 dated November 29, 2013 of the National Assembly of
the Socialist Republic of Vietnam, replacing Land Law 2003;
� Decree No.43/2014/ND-CP dated May 15, 2014 of the Government, detailing the
implementation of some provisions of Land Law 2013;
� Decree No.44/2014/ND-CP dated May 15, 2014 of the Government on evaluating land
prices;
� Decree No.45/2014/ND-CP dated May 15, 2014 of the Government, regulating the
collection of land-use lease;
� Decree No.46/2014/NĐ-CP dated May 2014 of the Government, regulating the water
surface lease;
� Decree No.47/2014/ND-CP dated May 15, 2014 of the Government on compensation,
support and resettlement when the State acquires land, replacing Decree
197/2004/ND-CP and Decree 69/2009/ND-CP;
� Decree No.104/2014/ND-CP dated November 14, 2014 of the Government on land
price frame;
� Circular No.36/2014/TT-BTNMT dated June 30, 2014, detailing the land valuation
method; building and adjustment of specific land prices and consultation for land-price
valuation;
2 This RP is prepared in 2017, therefore the The Decree No 16/2016/NĐ-CP ngày 16/3/2016 on the management and use of official
development assistance (ODA) and preferential loans from donors will be used and replaced for Decree 38/2013/ND-CP
34
� Circular No.37/2014/TT-BTNMT dated June 30, 2014, detailing regulations on
compensation, support and resettlement when the State acquires land;
� Decree 35/2015/NĐ-CP dated 13/04/2015 on the management of paddy land use;
� Decree 11/2010/ND-CP, dated on 24 Feb 2010 on management and protection of
road, and Decree 100/2013/ND-CP amending Decree 11/2010/ND-CP.
� Decree No. 16/2016/NĐ-CP dated March 16, 2016, on the management and use of
official development assistance (ODA) and preferential loans from donors;
� Ordinance No.34/2007//PL-UBTVQH dated 20/4/2007 of the National Assembly
Standing Committee on the implementation of democracy in communes, wards and
towns;
� Law on Complaints No.02/2011/QH1 dated November 11, 2011 of the National
Assembly of the Socialist Republic of Vietnam;
� Law on Denunciation No.03/2011/QH13 dated November 11, 2011 of the National
Assembly of the Socialist Republic of Vietnam;
� Decree No.75/2012/ND-CP dated October 3, 2012, detailing the execution of some
articles of the Law on Complaints;
� Decree No.76/2012/ND-CP dated October 3, 2012 detailing the execution of some
articles of the Law on Denunciation.
86. The provisions relating to public disclosure of Land Law 45/20013/QH13, Clause 1, Article 67
requires disclosure of information for affected persons "Before issuing a decision on land
recovery, at least 90 days prior to the recovery of agricultural land or 180 days prior to the
recovery of non-agricultural land, competent state agencies shall notify the land users of the
land recovery. The contents to be notified include land recovery, investigation, survey,
measurement and inventory plans".
87. The provisions concerning conservation of cultural property are: The Law on Heritage dated
June 29, 2001 and the Law on amending and supplementing a number of articles of the Law
on Cultural Heritage dated June 18, 2009; Decree No.98/2010/ND-CP dated September 21,
2010, detailing the implementation of some articles of the Law on Cultural Heritage and the
Law amending and supplementing a number of articles of the Law on Cultural Heritage.
6.2. Quang Nam province Decisions on land acquisition, compensation and resettlement in the province
88. In addition to the legal documents of the Government of Vietnam, Quang Nam province has
issued legal documents, guiding the application of the Government’s provisions and
implementation of land acquisition, compensation and resettlement in Quang Nam province.
The following decisions provide the provisions for compensation, support and resettlement
when the Government acquires land in the province:
• Decision No.43/2014/QD-UBND dated December 22, 2014 of the People's Committee of Quang Nam province that provides regulations on compensation, support and resettlement when the State recovers land in Quang Nam province;
• Decision No.02/2016/QD0UBND dated June 15, 2016 of the People's Committee of Quang Nam province that provides regulations on amendments and supplements to some articles in the Decision No.43/2014/QD-UBND dated December 22, 2014 of the regulation
35
on compensation, assistance and resettlement when the state acquire land in Quang Nam province;
• Decision No.44/2014/QD-UBND dated December 22, 2014 of the People's Committee of Quang Nam province that promulgates regulations on unit prices for building houses, structures, works, assets on land to make restitution when the State acquires land in Quang Nam province;
• Decision No.39/2015/QD-UBND dated December 21, 2015 of the People's Committee of Quang Nam province that issues regulations on the unit prices of crops and trees; tree planting density; livestock, support rates for marine/river occupation to perform compensation, support and resettlement when the State recovers land in Quang Nam province;
• Decision No.48/2014/QD-UBND dated December 25, 2014 of the People's Committee of Quang Nam province, promulgating regulations on land prices, land price tariff for period 2015 to 2019 in Quang Nam province;
6.3. ADB social Safeguards Policy and Requirements
89. The ADB Safeguard Policy Statement (2009) 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 involuntary
resettlement, (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 systems, and
cultural uniqueness as defined by IPs 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.
90. 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 new safeguard policy and requirements also reiterates 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 living standards; and to
ensure that women will receive project benefits. Other policies of the ADB that have a bearing
on resettlement planning and implementation are the (i) Public Communications Policy; and
(ii) Accountability Mechanism Policy.
6.4. Project Principles
91. The objectives of the ADB Safeguard Policy Statement (SPS-2009) concerning Involuntary
Resettlement are to avoid or minimize the impacts on people, businesses and others affected
by the acquisition of land and other assets, including livelihood and income. Where
resettlement is not avoidable, the overall objective of the ADB SPS is to enhance, or at least
restore, the livelihoods of all AHs in real terms relative to pre-project levels; and to improve
the standards of living of the displaced poor and other vulnerable groups by compensating for
lost assets at replacement costs and by providing, as necessary, various forms of support.
The main policy principles are to:
36
a. Screen the project early on to identify past, present & future involuntary
resettlement impacts and risks. Determine the scope of resettlement planning
through a survey and/or census of AHs, including a gender analysis related to
resettlement impacts and risks.
b. Carry out meaningful consultations with affected persons, host communities, and
concerned non-government organizations. Inform all affected Households of their
entitlements and resettlement options. Ensure their participation in planning,
implementation, and monitoring and evaluation of resettlement programs. Pay
particular attention to the needs of vulnerable groups, especially those below the
poverty line, the landless, the elderly, women and children, and Indigenous Peoples,
and those without legal title to land, and ensure their participation in consultations.
Establish a grievance redress mechanism to receive and facilitate resolution of the
affected persons’ concerns. Support the social and cultural institutions of Affected
Households and their host population. Where involuntary resettlement impacts and
risks are highly complex and sensitive, compensation and resettlement decisions
should be preceded by a social preparation phase.
c. Improve, or at least restore, the livelihoods of all Affected Households through (i) land-
based resettlement strategies when affected livelihoods are land based where
possible or cash compensation at replacement value for land when the loss of land
does not undermine livelihoods, (ii) prompt replacement of assets with access to
assets of equal or higher value, (iii) prompt compensation at full replacement cost for
assets that cannot be restored, and (iv) additional revenues and services through
benefit sharing schemes where possible.
d. Provide physically and economically Affected Households with needed assistance,
including the following: (i) if there is relocation, secured tenure to relocation land,
better housing at resettlement sites with comparable access to employment and
production opportunities, social and economic integration of resettled persons into
their host communities, and extension of project benefits to host communities; (ii)
transitional support and development assistance, such as land development, credit
facilities, training, or employment opportunities; and (iii) civic infrastructure and
community services, as required.
e. Improve the standards of living of the displaced poor and other vulnerable groups,
including women, to at least national minimum standards. In rural areas, provide them
with legal and affordable access to land and resources, and in urban areas, provide
them with appropriate income sources and legal and affordable access to adequate
housing.
f. Develop procedures in a transparent, consistent, and equitable manner if land
acquisition is through negotiated settlement to ensure that those people who enter into
negotiated settlements will maintain an equal or better income and livelihood status.
g. Ensure that Affected Households without titles to land or any recognizable legal rights
to land are eligible for resettlement assistance and compensation for loss of non-land
assets.
37
h. Prepare a resettlement plan elaborating Affected Households’ entitlements, the
income and livelihood restoration strategy, institutional arrangements, monitoring and
reporting framework, budget, and time-bound implementation schedule.
i. Disclose a final resettlement plan, including documentation of the consultation process
in a timely manner, before project appraisal, in an accessible place and a form and
language(s) understandable to affected persons and other stakeholders. Disclose the
final resettlement plan and its updates to affected persons and other stakeholders.
j. Conceive and execute involuntary resettlement as part of a development project or
program. Include the full costs of resettlement in the presentation of project’s costs
and benefits. For a project with significant involuntary resettlement impacts, consider
implementing the involuntary resettlement component of the project as a stand-alone
operation.
k. Pay compensation and provide other resettlement entitlements before physical or
economic displacement. Implement the resettlement plan under close supervision
throughout project implementation.
l. Monitor and assess resettlement outcomes, their impacts on the standards of living of
Affected Households, and whether the objectives of the resettlement plan have been
achieved by taking into account the baseline conditions and the results of resettlement
monitoring. Disclose monitoring reports.
6.5. Eligibility Policy
92. All AHs who are identified in the project-impacted areas by the cut-off date will be entitled
to compensation for their affected assets and rehabilitation measures sufficient to assist them
to improve or at least maintain their pre-project living standards and income-earning capacity.
The cut-off date will be the date of the notice of land acquisition once the project will be
formally approved.
93. Those who encroach into the Component area after the cut-off date will not be entitled to
compensation or any other assistance. They will be given sufficient advance notice to vacate
premises and dismantle affected structures prior to project implementation.
6.6. Reconciliation of Government and ADB Policy on Resettlement
94. The resettlement and compensation policies for the Secondary City Development Project are
to be in accordance with ADB requirements and laws of the Government of the Socialist
Republic of Vietnam. Under the ADB policy, it is a condition of funding that the Bank’s
requirements are met in relation to resettlement, compensation and rehabilitation to all DPs
as defined in the ADB SPS 2009 on Involuntary Resettlement.
95. With the promulgation of Land Law 2013 and the guiding documents, including Decree
No.43/2014/ND-CP, Decree No.44/2014/ND-CP, Decree No.47/2014/ND-CP which are
directly related to the land acquisition, compensation, support and resettlement, the policy of
the Government of Vietnam has become more consistent with the ADB's policy statement on
involuntary resettlement (SPS 2009). However, there are some differences between the
Government’s policies and the ADB's policy on involuntary resettlement.
38
96. Decree No.43/2014/ND-CP: This decree provides common rules on the matters relating to
granting of land-use right certificates (LURC) and land-use issues such as land quota,
conditions for the transfer of land-use rights, administrative procedures related to land use
(LURC, land recovery and requisition, land dispute settlement...).
97. Decree No.44/2014/ND-CP on land prices. This Decree prescribes the valuation method for
land price; building and adjustment of land price frame; specific land valuation and consulting
activities for determining prices. Under the provisions of this decree, when the common land
prices in the market increase 20% or more compared with the maximum land prices or
reduces 20% or more compared with the minimum land prices in the land price frame for the
period of 180 days or more, the provincial People's Committee will have to adjust the land
prices.
98. Land Law 2013, Decree No.47 and Circular No.37 are the main legal instruments that give
guidance and regulations on the rights and entitlements to the compensation, support and
resettlement when the State recovers land. Under the provisions of Decree No.47/2014/ND-
CP, when the State recovers land, if users do not have papers on land-use rights stipulated
in Clause 1, 2 and 3 of Article 100 of the Land Law and Article 18 of Decree No.43/2014/ND-
CP but are eligible for the issuance of certificates of land-use rights, ownerships of houses
and other assets attached to land, they shall be compensated for land.
99. The differences between the Government’s laws and decrees and the ADB's policy on
resettlement and compensation and how to solve these differences for this subproject are
presented in the table below.
Table 19 Gaps between National Laws and ADB Policies and Gap Filling Measures
Land Law 2013, Decree 47/2014/ND-CP, Decree
44/2014/ND-CP ADB SPS 2009 Project Policy
Criteria of severe AHs
Decree 47/2014/ND-CP, Article 19, Item 3: APs losing 30% or more of productive agriculture land are considered severely impacted and are entitled to livelihood restoration measures.
The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).
Losing 10% or more of the household’s productive assets and/or relocation shall be considered as the threshold of severely affected HHs
39
Land Law 2013, Decree 47/2014/ND-CP, Decree
44/2014/ND-CP ADB SPS 2009 Project Policy
APs without LURC
Land Law 2013, Article 77, item 2 and article 92: Persons who has used land before 1st July 2004 and directly be involved in agriculture production on the acquired land without LURC or illegalizable will be compensated for the acquired land area but not exceed quota of agricultural land allocation. But no compensation for non-land assets in the following cases: (i) the assets subject to the land recovery as stipulated in one of items a, b, d, đ, e, I, clause 1, article 64 and items b, d, clause 1, article 65 of the Land Law 2013; the assets created after the notification on land acquisition; and (iii) unused public infrastructures and other works.
Those APs without legal title to land will be included in consultations. Ensure that APs without titles to land, or any recognizable legal rights to land, are eligible for resettlement assistance and compensation for loss of non-land assets created before cut-off date at replacement costs, including dwellings, structures and other improvements to land such as crops, irrigation, at full replacement cost.
Project affected people, without legal or recognizable legal claims to land acquired, will be equally entitled to participation in consultations and project benefit schemes where possible, and be compensated for their losses of non-land assets at replacement costs, such as dwellings and structures created before cut-off date. They will be entitled to resettlement assistance and social support to assist them to improve or at least restore their pre-project living standards and income levels.
Safeguards cover involuntary restrictions on land use or on access to legally designated parks and protected areas. Covers temporary and partial losses.
Compensation for structures
Land Law 2013, Article 89, item 1: houses/structures used for living purpose will be compensated at replacement cost. Decree 47, article 9: other houses/structures will be compensated equal to the remaining value of the affected house plus some percentage of current value but total compensation amount is not exceed value of the new house/structure.
Rate of compensation for affected houses/structures and other assets will be calculated at full replacement costs without any deductions for salvageable materials or depreciation, based upon: i) fair market value, ii) transaction costs, iii) interest accrued, iv) transitional and restoration costs, v) other applicable payments.
Full compensation at replacement cost will be paid for all affected structures without any deductions for salvageable materials or depreciation, full replacement costs, based upon: i) fair market value, ii) transaction costs, iii) interest accrued, iv) transitional and restoration costs, v) other applicable payments
Monitoring No monitoring indicators indicated
Monitoring indicators specified for internal and external monitoring and reporting. In case of significant or sensitive impacts, an external monitoring organization is required to conduct monitoring on RP implementation
The EA must undertake internal monitoring according to the critical indicators.
Since anticipated negative impacts of the project are minor, there is no need to recruit an external monitoring organization.
40
Land Law 2013, Decree 47/2014/ND-CP, Decree
44/2014/ND-CP ADB SPS 2009 Project Policy
Third-party validation of consultation related to land donations
Not required. The borrower is required to engage an independent third-party to document the negotiation and settlement processes to openly address the risks of asymmetry of information and bargaining power of the parties involved in such transactions.
In case of land donations involving marginal portions of land, the LIC will verify and report on the negotiation and settlement processes as part of the due diligence report. A voluntary donation form signed by the landowners, witnesses, and village leaders will be attached in the report.
7. ENTITLEMENTS, ASSISTANCE AND BENEFITS
100. The rights and entitlements of people affected by the project (including compensation,
allowances, resettlement and livelihood restoration) are detailed in the entitlements matrix
below, which are consistent with the impacts identified during the detailed measurement
survey (DMS). It should be noted that these benefits cannot be reduced. Benefits will be
supplemented, if necessary, based on the results of the DMS and consultation with displaced
persons. Project entitlements are based on the governmental and provincial decisions about
compensation, resettlement and rehabilitation measures as well as ADB's SPS (2009) on
involuntary resettlement. The beneficiaries should be consistent with the cut-off date.
101. This matrix has been discussed and agreed with the Center for and Land Fund Development
and the PMU, in charge of the implementation of resettlement activities on behalf of Tam Ky
People’s Committee.
102. Entitlements for each type of AHs are based on the types and levels of losses. The
entitlements also provide various measures aimed at providing opportunities for AHs to
obtain development benefits from the project as well as assisting vulnerable AHs to improve
their living standards. The entitlement matrix for people affected by extension road 3B is
shown as follows.
41
Table 20 Entitlement Matrix
No Impact/Influence and
application (*)
Level of impacts Eligible persons Entitlements Implementation issues
A Permanent impact
I LAND
1.1 Agriculture land impact (paddy land, annual crop land, perennial crop land, types of forest land, aquaculture land)
Marginal impact: losing less than 10% of their total productive land
Land users with LURC08
AHs
Cash compensation for affected land area at replacement cost; and
Subsistent allowance: Support in cash of 400,000 VND/person/month for all household members for 04 months if no relocation, 12 months if relocation; and
Cash allowance for job training/creation, equal to:
- 3 times of value of affected paddy land area, annual crop land or salt-making land;
- 2.5 times of value of affected aquaculture land;-
Supports and allowances will be paid simultaneously with the payment of compensation.
Support for job training/creation is applied only for households and individuals who are directly involved in agricultural production;
A supported area shall not exceed a local standard area of allocated agricultural land
Significant impact: losing 10% or more of their total productive land (remaining unaffected portion is viable for productive use)
Land users with LURC 57 AHs
Cash compensation for affected land area at replacement cost; and
Subsistent allowance: Support in cash of 400,000 VND/person/month for all household members for:
- Losing 10-30% of total land holding: 04 months if no relocation, 12 months if relocation;
- losing 30-70% of total land holding: 06 months if no relocation, 12 months if relocation; and
If remaining land area is unusable or uneconomic, it will be recovered and compensated at replacement cost.
Supports and allowances will be paid simultaneously with the payment of compensation.
Support for job training/creation is applied only for households and individuals which are
42
No Impact/Influence and
application (*)
Level of impacts Eligible persons Entitlements Implementation issues
- losing more than 70% of total land holding: 12 months if no relocation, 24 months if relocation. AND
Cash allowance for job training/creation, equal to:
- 3 times of value of affected paddy land area, annual crop land or salt-making land;
- 2.5 times of value of affected aquaculture land;-
directly involved in agricultural production.
A supported area shall not exceed a local standard area of allocated agricultural land.
1.2 Residential land impact
19 AHs
Acquired land without houses/structure thereon
Land user with LURC 04
AHs
Cash compensation for land and investment cost on remaining land for the acquired land at replacement cost.
Acquired land with houses/structure thereon and have to resettle
Land user with LURC
15 AHs
- Cash compensation for the acquired land at replacement cost; and
- Compensation for house/structure at replacement cost without deduction of salvageable materials; and
- Transition assistance regulated in Part III below; and
- House rental support of 1,000,000 VND/month/household for 12 months; and
- Compensation for moving cost, equal to the rates of 3,000,000 VND (01 HH), 5,000,000 VND (01 HH); 5,500,000 VND (05 HHs) and 6,000,000 VND (08 hộ).
II NON-LAND ASSETS
43
No Impact/Influence and
application (*)
Level of impacts Eligible persons Entitlements Implementation issues
2.1 Impact on houses and structures
Totally Impacted house (or partly affected but the remaining part is not usable)
Land-owners regardless LURC or legalizable for LURC with houses/structures created before the cut-off date.
15 AHs
Cash compensation at replacement cost for the affected house without deduction of salvageable materials.
Assets, attached to the affected land built after the notice of land acquisition (cut-off date), shall not be compensated.
2.2 Impact on plants and crops
All plants/crops created before the cut-off date on affected land regardless of ownership status.
65 AHs
Cash compensation for damaged plants/crops at market values at time of compensation.
Affected households will be notified of land acquisition prior to 90 days so that they can harvest crops or stop farming on land to be recovered.
III TRANSITION ASSISTANCE AND ALLOWANCES
3.1 Subsistent (Life stabilization) allowance
Severe impact: losing 10% or more of productive land, or relocation
Land users regardless LURC status and directly farming
57 AHs
a) Subsistent (Life Stabilization) allowance
- losing less than 30% of productive land: Cash allowance of 400,000 VND (equivalent to 30kg rice) per person per month for all family members for a period of 4 months.
- losing 30-70% of productive land: Cash allowance of 400,000 VND (equivalent to 30kg rice) per person per month for all family members for a period of 6 months if no relocation and 12 months if relocation;
- losing 70-100% loss of productive land: Cash grant of 400,000VND (equivalent to 30kg rice) per household member for a period of 12 months if not required to relocate and for a period of 24 months if required to relocate;
AHs not eligible for compensation of affected agricultural land will be entitled to stabilization allowance and income restoration program.
44
No Impact/Influence and
application (*)
Level of impacts Eligible persons Entitlements Implementation issues
b) Entitled to participation in the income restoration program (IRP)
3.2 Vulnerable group
Affected by the subproject
01 AH - 3,000,000 VND/household.
The support amount will be paid simultaneously with the payment of compensation.
3.3 Rewards
All AHs and Ors who hand over land on time.
65 AHs
For the recovery of agricultural land (including gardens, ponds and houses in the same parcels of land), relocation of graves and structures, the bonus will be equal to 5% of total value of compensation and assistance of land and property on land to be acquired but the maximum is not higher than 7,000,000 VND/household for the cases to be recovered more than 70% of agricultural land and 5,000,000 VND/household for other cases.
For the recovery of residential land, production/business land, non-agricultural land, the bonus will equal to 5% of the total value of compensation, support for acquired land and property on acquired land but the maximum amount is not higher than 10,000,000 VND/household for households who move entire houses, building or property on land and 5,000,000 VND/household for other cases.
Moving on schedule as notified by the Compensation Board.
Households, organizations and individuals whose business land, residential land, agricultural land has just been recovered but handed over to the subproject on time, they will be rewarded both bonuses at the same time.
B Temporary impacts
Temporary impact during construction
Impact less than 2 years
Land users regardless land use status;
All assets on affected land regardless ownership status.
No compensation for land because it will be returned to owners after using.
Compensation for standing trees/crops and income lost during period of temporary use.
All negative impacts during construction should be considered and compensated adequately and timely under the project policy.
45
No Impact/Influence and
application (*)
Level of impacts Eligible persons Entitlements Implementation issues
For property on affected land, the compensation will base on the replacement cost as stated above.
Improve or at least restore the affected land to pre-project condition before returning to the owners.
All the crops and trees lost or impacted during the construction will be compensated as rental equally to the income loss of the land owner.
Temporary impacts shall be addressed under the external monitoring reports and the internal monitoring reports.
Impact more than 2 years
Land users regardless land use status
Pay compensation for income lost from subsequent duration or compensation for land if required by the land owner.
46
8. RELOCATIONS AND RESETTLEMENT SITES
103. According to the DMS data and through meaningful consultations with AHs, 15 households
have to relocate and they agreed to move to Tan Thanh and Tam Phu Resettlement Sites
which are about 0.9 km from their existing residences. Additionally, these sites are also the
host resettlement sites where affected people in Dien Bien Phu road (Package TK-02) have
already relocated to live, therefore, their beneficiaries and entitlements will be kept the same,
this is one of advantages for them in a new area.
104. Two households agreed to relocate to Tan Thanh and 13 households agreed to relocate to
Tam Phu Resettlement Site. The Land Fund Development Center of Tam Ky city is
responsible for handing over land plots in the resettlement sites for relocated households and
working with the city authorities to issue Land Use Right Certificates (LURC) to the relocated
households without any fees related to the issuance of LURC. According to the Land Law
2013, LURC will include the ownership of houses constructed thereon. Therefore, LURC
should be granted to the relocated households after completion of house construction.
Figure 3 Location of Tam Ky City Resettlement Sites
9. INCOME RESTORATION PROGRAME
9.1. Need for an Income Restoration Program
105. The adverse impact on income is one of the most significant effects of resettlement for men
and women, the effects of which can be long lasting with inter-generational consequences.
Restoration of income is one of the greatest challenges to successful post-resettlement
rehabilitation. The success of resettlement planning in restoring living conditions is thus
inextricably bound to income restoration and effective income restoration in turn necessitates
a clear understanding of livelihoods, capacities and risks faced by those displaced.
47
Table 21 Income Restoration Measures
Affected Livelihood Income Restoration Measures
Severely AHs
Living stabilization allowance (income support) for 6-24 months (cash allowance); refer to the sub-item I.2.2 in the table 23 Job creation assistance allowance (equivalent to 2 to 3 times the PPC compensation rate per m2
for agriculture land (cash allowance); refer to the sub-item I.2.21 in the table 23
Vocational Training for people in working age (based on results of need assessment survey)
Vulnerable AHs Assistance to poor HHs and other categories of vulnerable HHs.
106. It is proposed that the IRP will be implemented by the Tam Ky City Agriculture Extension
Services Centre under the Department of Agriculture and Rural Department (for agriculture
activities) and by the Tam Ky City Vocational training Centre under the Department of Labour
Invalids and Social Affairs (for training ).
9.2. Vocational Training for affected households
107. According to the result of survey, most of APs in Tam Thanh and Tam Phu communes would
like to learn cooking and do small business.Currently, there is the Vietnam – Korea joint
project of Tam Thanh Mural Village was developed from June 2016 by the Korean
Foundation. The aim of project is “Art for Better Community” and now this attracts a
considerable of tourist to visit and generates a significant income to people around the project.
The extra income is from opening the small food shop to sell the local special/ traditional
foods and seafood.
108. The number of person entitled to the IRP is about 85 persons (of 57 severely AHs and
vulnerable AH). Tam Ky City has its own Employment Resource Center (VTC) to provide
vocational training. Trainees under working age range (women is 15- 55 years old and men
are 15 - 60 years old) are entitled to participation in the training without payment. Most of the
training sessions are short-term of 3 months.
109. The Tam Ky City Vocational Training Center (VTC) will be responsible for conducting
occupational training courses according to the need of participants.
9.5 Budget for implementation of IRP
110. The budget for IRP of 85 affected people will be estimated based on the Decision 3577/QĐ-
UBND dated October 14, 2016 as table below .
Table 22 Estimation budget for Income Restoration Programe
48
No. of
Eligible
person
Type of
vocation
Training cost
allowance (1
person/course)
Meal allowance
(meal/person/lear
ning day)
Learning
day
(estimated)
Amount
85 Cooking/S
mall
business
3,000,000 30,000 66 days 423,300,000
111. Total cost estimate for the Income Restoration Program for AHs in the Dien Bien Phu extension road (3B road) is estimated about 423,300,000 VND, equivalent to 18,897 USD. This budget will be provided by Quang Nam PPC through counterpart fund. The IRP progress, budget as well as the number of participants will be monitored in the Semi-annual Internal Monitoring Report3.
10. RESETTLEMENT BUDGET
10.1. Source of budget
112. All costs for land acquisition, compensation and resettlement of the sub-project will be taken
from the counterpart fund of Quang Nam province.
10.2. Replacement cost survey
113. The Da Nang Evaluation and Financial Service Joint Stock Company was employed to survey
market prices as a basis for compensation of affected households at replacement cost and
these prices will be discussed with affected households in public consultation meetings. The
method of determination of replacement cost are for land, house, structure, trees and crops
are directive comparison method, pricing methods and collection methods. The people living
near the subproject area is also selected to interview also to identify the exchange prices.
The result of study is specified in the Certificate of Evaluation (Appendix 4) was issued and
submitted to Tam Ky Land Fund Development Branch on 27 March 2017.
10.3. Estimation of Resettlement cost
114. Table 23 summarizes the estimated resettlement cost of the sub-project, including (i)
compensation for permanently acquired land,; (ii) compensation for structures, houses, trees,
crops and tombs; (iii) allowances; (iv) administration and implementation cost; and (v)
contingency cost. The resettlement cost excludes the costs for support consultancy and
external monitoring.
115. Based on the result of DMS and agreed replacement prices, the total estimated cost for the
implementation of the resettlement plan is VND 22,189,834,865 equivalent to USD 990,618
(the rate of exchange: 1USD = 22,400 VND). The details are shown in Table 233 below.
3 The Quarterly Internal Monitoring Report is prepared if requested
49
Table 23 Estimation Resettlement Compensation Cost
Nr Items Unit Amount
I Compensation and allowances VNĐ 15,453,308,133
I.1 Compensation VNĐ 10,813,815,935
I.1.1 Land VNĐ 3,103,338,800
I.1.2 Houses/structures/tomb VNĐ 7,385,050,895
1.1.3 Trees/crops VNĐ 325,426,240
I.2 Allowances VNĐ 4,639,492,198
I.2.1 Job training/creation VNĐ 3,001,760,800
I.2.2 Subsistent assistance + new resident creation
VNĐ 1,053,600,000
I.2.3 Transportation 83,500,000
I.2.4 House rental VNĐ 168,000,000
I.2.5 Reward VNĐ 329,631,398
I.2.6 Vulnerable person (poor HH) VNĐ 3,000,000
II Support for resettlement VNĐ 2,185,370,000
III Administration VNĐ 549,353,562
3.1 Implementation (2%) VNĐ 349,353,562
3.2 Cadastral measurement VNĐ 200,000,000
IV Replacement cost survey (RCS) 100,000,000
V Relocation of infrastructure 1,500,000,000
VI Subtotal (I+II+II+IV+V) VNĐ 19,788,031,695
VII Contingency (10%) (VIx10%) VNĐ 1,978,803,170
VIII Income Restoration Programe (vocational training)
VNĐ 423,000,000
Total (VI+VII) VNĐ 22,189,834,865
USD 990,618
11. INSTITUTIONAL ARRANGEMENTS
11.1. Provincial People’s Committee of Quang Nam Province
1. The Provincial People’s Committee (PPC) of Quang Nam Province is the executing agency
(EA) and will oversee all subproject activities including the implementation of RP. The Quang
Nam PPC will have to endorse the RP. The Quang Nam PPC could also delegate such
endorsement to the Tam Ky City PC. The PPC is responsible for resolving complaints and
grievances of the APs.
50
2. A Project Steering Committee (PSC) is already operating in Tam Ky City and is headed by
the PPC Vice Chairman, and includes representatives of provincial and city government
agencies. The PSC will continue to coordinate the implementation of the Project and provide
policy guidance. The PSC will be chaired by the PPC Vice Chairman, and will normally include
representatives from the following organizations: (i) Department of Construction (DOC); (ii)
Department of Planning and Investment (DPI); (iii) Department of Finance (DOF); (iv)
Department of Natural Resources and Environment (DONRE); (v) Provincial and/or City
Women’s Union (WU); (vi) Chairman or Vice Chairman of the concerned Project City, and
(vii) other agencies or entities that may be recommended by the PPC.
3. The PSC will continue to assist the PPCs by: (i) monitoring Project implementation; (ii) making
decisions related to Project implementation within the power of the local authorities; (iii)
approving Project documents related to, for example, resettlement plans procurement plans,
and bidding and contract documents; and (iv) coordinating relevant agencies of the provinces
and the PMU in the project implementation process.
11.2. Tam Ky City People’s Committee
4. The Tam Ky City People’s Committee (CPC) is the implementing agency (IA) and will oversee
all subproject activities including the implementation of the uRP. If PPC delegates the
endorsement responsibility to the Tam Ky City PC, the CPC will be responsible for
endorsement of the RP and approval of compensation plan.
11.3. Project Management Unit (PMU)
5. A Project Management Unit (PMU) has been established within the existing institutional
structures in Tam Ky City. Tam Ky City PMU is the Implementing Agency (IA) for all sub-
components.
6. The functions of the PMU includes: (i) monitoring and coordinating all Project activities in
subproject cities; (ii) supervising the consultants responsible for design, preparation of tender
documents, construction supervision, and other activities; (iii) preparing bid plans, work
plans, and annual budget plans; (iv) managing the prequalification of contractors, bid
evaluations, bid awarding and contract signing; (v) site compensation and clearance; (vi)
supervising work plans and ensuring quality control of work carried out by contractors and
Project Management and Implementation Support Consultant (PMIS); (vii) supervising and
monitoring project-related resettlement and environmental activities; and (viii) preparing
periodic project progress and annual reports for submission to the PPC and ADB.
7. Related to resettlement, PMU will work closely with local administrative authorities, regarding
resettlement planning and implementation. Together with the PMIS, the PMU will provide
technical support, designs and schedule of the subproject implementation for all parties to
follow up and minimize the potential effects on land and people and make sure that all RP
activities are properly addressed and implemented prior to construction activities. The PMU
will be responsible for the preparation of quarterly resettlement progress reports.
51
11.4. Centre for Land Fund Development of Tam Ky City
8. A new resettlement organization was established at the provincial and district level. Since
2015, the Center for Land Fund Development (CFLD) have been given more responsibilities.
CLFD at the provincial level are under DONRE while at the district/City level they are under
the District/City People's Committees.
9. In Tam Ky City, the Centre for Land Fund Development (CLFD) is established under the Tam
Ky City People’s Committee and has the mandate to implement all resettlement activities.
10. For this project, the Tam Ky City CLFD has been assigned to work directly with PMU to
prepare and implement the resettlement plan with other relevant institutions. The CLFD will
implement the DMS, establish a database of AHs, prepare compensation plans, and make
payments for compensation, assistance and allowances.
Specific to the Project, the CFLD will execute the following tasks:
- Issue Notice of Land Acquisition when the project will be formally approved;
- Inform AHs about Detailed Measurement Survey process;
- Conduct Detailed Measurement Survey;
- Prepare AHs database;
- Prepare compensation plans in line with resettlement plans;
- Prepare individual “AH Compensation Forms” which detail all types of losses with their
corresponding established compensation rates. This will also include all types of relocation
and rehabilitation assistance.
- Inform AHs regarding the payment schedule at least two (2) weeks in advance.
- Present proposed compensation amounts to AHs and explain in detail the AH’s rights
and entitlements based on Project policies and explain how compensation
amounts were calculated;
- If compensation payments are acceptable to AHs, process payment and inform AHs
of the exact date of release of payment;
- Effect compensation payment. Copies of compensation payment documents will be
provided to AHs. Copies will also be provided to the Implementation and Support
Consultants and external agency for monitoring and reporting.
- Review grievances in consultation with main stakeholders and HHs who raised the
grievances, and submit recommendations to resolve grievances to District and Province
PCs.
- Prepare and update regularly a database and lists of AHs, including information regarding
disbursement dates for monitoring purposes.
52
11.5. Local Administrative Authorities (District, Communes/Ward)
11. The concerned local administrative authorities at district and commune level play an important role in the planning and implementation of resettlement-related activities. Their roles and responsibilities are to:
- Coordinate and work closely with the concerned stakeholders in relation to the conduct of
consultation, census and DMS and other resettlement-related activities;
- Act as grievance officers and ensure that grievances are resolved;
- Assist AHs during the negotiation and compensation process;
- Involve the local-based organizations to carry out the RP activities;
- Certify the list of AHs and sign compensation documents; and;
- 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 improvements/construction.
11.6. Local Mass Organizations
12. Mass organizations relevant to the various AH profiles, needs and impacts will participate in
the development and implementation of assistance measures for AHs. Mass organizations in
Viet Nam are types of community based organizations. Such organizations would include the
Fatherland Front, Women’s Union, Farmer’s Union and other relevant organizations.
11.7. Project Management and Implementation Support Consultant (PMIS)
13. The Project Management and Implementation Support Consultant (PMIS) will include a local
resettlement specialist, to assist and supervise all social and resettlement- related activities.
The responsibilities of the resettlement specialist include the following:
- Work closely with PMU, Centre for Land Fund Development, local authorities at all levels
on all resettlement-related activities;
- Assist in the conduct of the information campaigns, public consultation and community
participation;
- Assist in the verification of census, inventory of losses and detailed measurement survey
activities;
- Check the accuracy of the AH database prepared and provide improvements if necessary;
- Assist in the preparation of RP;
- Assist and improve, if necessary, procedures for the coordination of resettlement and
compensation activities;
53
- Ensure that grievances are addressed promptly and properly and that grievance redress
mechanism is functioning well;
- Provide necessary training on grievance if needed;
- Establish and implement liaison mechanisms to ensure proper technical and logistical
support to PMU, local administrative authorities, resettlement committees and concerned
government departments
- Establish and implement procedures for ongoing internal monitoring;
- 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.
12. IMPLEMENTATION SCHEDULE
14. The plan for the resettlement implementation of this sub-project is presented in the following
table, including (i) preparation the addendum; (ii) implementation of resettlement activities;
and (iii) construction activities. Contractors for each civil works contract can be awarded only
after affected households receive full compensation and are resettled which are confirmed in
the resettlement monitoring report.
15. All resettlement activities will be coordinated with the civil works schedule. Land acquisition
and relocation of affected households cannot commence until this Addendum has been
reviewed and approved by ADB.
16. The EA will not issue a notice to proceed civil works until all compensation for APs have been
satisfactorily completed, agreed rehabilitation assistance is in place, and that the site is free
of all encumbrances.
Table 24 Implementation Schedule
RP Updating Start End
Public Consultation and dissemination of project information
Jan 2017 March - 2017
Conduct DMS based on detailed design 1st Quarter 2017 2nd Quarter 2017
Mobilize independent evaluator to carry out replacement cost survey
1st Quarter 2017 1st Quarter 2017
Prepare the final Addendum 2nd Quarter 2017 3rd Quarter 2017
Consult AHs on subproject impact, entitlements and final options
2nd Quarter 2017 2nd Quarter 2017
Submit RP to ADB for review and concurrence
4th Quarter 2017 4th Quarter 2017
Disclose approved Addendum to AHs and Uploading on ADB website
4th Quarter 2017 4th Quarter 2017
Addendum Implementation
54
Disbursement of Compensation and Payment to Ahs
4th Quarter 2017 4th Quarter 2017
Relocation of AHs and Land clearance 4th Quarter 2017 4th Quarter 2018
Implementation of Income Restoration Program
1st Quarter 2018
Submission of internal and external monitoring report
Quarterly for internal report and semi-annual
for external report
Quarterly for internal report and semi-annual
for external report
ADB has “No Objection” to Notice of Possession of Site to Civil Works Contractor
1st Quarter 2018
Start of Civil Work 2nd Quarter 2018 2nd Quarter 2019
13. MONITORING AND REPORTING
13.1. Internal Monitoring
17. PMU is directly responsible for internal monitoring of RP implementation. In particular, PMU
with assistance from the Project Management and Implementation Support Consultants
(PMIS) will supervise and manage monitoring of resettlement activities and implementation
arrangements.
18. PMU will provide quarterly reports to ADB. PMU will ensure that the reports of the Project
Implementation and Support Consultants 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 AHs.
19. The objectives of the monitoring program are (i) to ensure that the standard of living of AHs
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.
20. The range of activities and issues that need to be recorded and verified, include:
- Compensation, allowance payments and delivery of assistance measures;
- Re-establishment of AH settlements and business enterprises;
- Reaction of AHs, in particular, to resettlement and compensation packages; and
- Re-establishment/improvement of income levels
21. The principal indicators for internal monitoring of resettlement activities include the following:
- Timely and complete disbursement of compensation to AHs according to the compensation
policy agreed in the RP;
- Timely and complete delivery of relocation, income restoration and rehabilitation allowances
and measures;
- Allocation of replacement land and development of individual and/or group resettlement
sites and infrastructure;
55
- Public information dissemination and consultation procedures;
- Adequacy of resettlement sites;
- Adherence to grievance procedures and identification of outstanding issues that require
further attention and resolution;
- Attention given to the priorities of AHs regarding the options offered;
- Completion of resettlement activities required before the award of civil works contracts.
- Participation of poor and vulnerable HHs throughout the process of project implementation;
- Restoration and improvement of socioeconomic conditions of AHs.
22. On a quarterly basis, PMU will prepare a resettlement monitoring report for their own sub-
component. The report will be submitted to PCC and ADB. The scope of the report will
include:
- The number of AHs by category of impact, district, commune and village, and the status of
compensation payments, AH relocation and income restoration measures for each category;
(ii) The status of disbursement of cash and allocation of replacement land and housing.
- The amount of funds allocated and disbursed for a) resettlement program operations and
b) compensation, assistance and resettlement activities.
- The activities, levels of participation, outcomes and issues of the Information Dissemination
and Consultation Program
- The status and outcomes of complaints and grievances redress and any outstanding
issues requiring further attention by provincial or district authorities, or ADB assistance.
- Implementation problems, including delays, lack of personnel or capacity, insufficient funds,
etc.; proposed remedial measures; and, revised resettlement implementation schedule.
13.2. External Monitoring and Evaluation
23. PMU has hired an independent External Monitor consultant (EMC) to monitor the
implementation of RP for sub-projects. The EMC’s contract should be amended to include
the external monitoring of the Dien Bien Phu road extension works. The main objectives of
external resettlement monitoring are:
(i) To verify the results of internal monitoring reports prepared by PMU and Center for Land Fund Development (CLFD) of Tam Ky City;
(ii) To examine whether provision of compensation and other agreed forms of assistance complies with the approved RPs;
(iii) To assess whether supplemental assistance measures have been provided in accordance with the IRPs, and the extent to which they have been effective in restoring incomes and living standards for severely affected households;
(iv) To assess the effectiveness, impact and sustainable level of resettlement management agencies and procedures;
56
(v) To propose necessary adjustments in the implementation of RPs and IRPs to improve implementation effectiveness.
24. Strategic lessons for future policy formulation and planning will also be drawn from the monitoring and evaluation of resettlement. This is possible through a Post-Resettlement Implementation Evaluation Study that will be carried out 6-12 months following completion of all resettlement activities.
25. The external monitor will cover specific issues such as, but not limited to, the following:
i. Public consultation and disclosure activities;
ii. Awareness of affected people on resettlement rights and entitlements, grievance redress, resettlement process, and project schedule
iii. Establishment of market rates for land and non-land assets;
iv. Documentation of impacts and payments (DMS, compensation documents,) as per agreed RP;
v. Coordination of resettlement activities with construction schedule;
vi. Land recovery and transfer procedures;
vii. Relocation of households, public assets, and sacred structures
viii. Quality of preparation and adequacy of planned relocation sites
ix. Level of satisfaction of AHs with the provisions and implementation of the RPs;
x. Effectiveness and efficiency of grievance redress mechanism (documentation, process, resolution);
xi. Effectiveness, impact and sustainability of entitlements and rehabilitation measures/income restoration programs, and the need for further improvement, as required;
xii. Gender impacts and strategy;
xiii. Capacity of AHs to restore/re-establish livelihoods and living standards, especially the severely affected, poor and vulnerable households. Monitor and assess the assistance and support provided or to be provided to these households;
xiv. Unanticipated impacts, or any resettlement impacts caused during construction activities;
xv. Participation of AHs in RP planning, updating and implementation;
xvi. Institutional capacity, internal monitoring and reporting;
xvii. Channeling of government funds for payment of land, non-land assets and allowances to the affected households (if done transparently, efficiently, and effectively);
xviii. Integration with host community;
xix. Restoration/improvement of affected public, communal, and community assets.
26. Monitoring of RP implementation will be based on desk review and field visits, meetings with
various ministries and local officials, and affected households. Review baseline data that was
collected under the socio-economic survey during RP preparation and updating to assess
changes in: household income and expenditures, expenditure composition patters, primary
57
and secondary occupations, borrowing amounts and debts patterns, materials conditions and
possessions of consumer items, land area and tenure arrangements, school attendance of
children, health, and distances to public services and infrastructure. Additional survey may
be carried out as necessary. Separate meetings will be held with women and vulnerable
households. Monitoring indicators and findings will be disaggregated by gender.
27. The contract of the External Monitoring Consultant (EMC) is currently ongoing. The
monitoring and evaluation period of Dien Bien Phu road extension is expected to be from
third quarter 2017 to 4th quarter 2019.
28. Monitoring reports will also include a summary of outstanding issues and how these issues
were addressed, and if there are still outstanding issues that require further action, including
a number of case studies that require follow-up monitoring. If the findings indicate that RP
objectives have not been achieved, the external monitor will propose appropriate alternative
actions or approaches. The reports will also describe any good practice and lessons learned
that may be useful for future activities.
29. The EMC will submit semi-annual monitoring report to ADB and PMU within two weeks after
completion of the monitoring activity. The type of reports to be submitted to PMU and ADB
are: (i) Inception Report; (ii) Semi-annual Monitoring Reports; and (iii) Post-evaluation
Report.
58
APPENDIXES
Appendix 1 Public Information Booklet
The Quang Nam Province People’s Committee, with the
assistance from the Asian Development Bank (ADB), is
addressing the needs for the urban development of Tam Ky City.
Projects Construction Investment Management Authority of
Quang Nam Province to manage the Project. The Project
includes 2 components
Component 1
Flood Management – Ban Thach River Dyke completion.
Component 2
Enlargement & improvement of Dien Bien Phu Road (including
bridges) going through 07 wards/communes including: An My,
Phuoc Hoa, Tan Thanh, An Phu wards; and , Tam Thanh, Tam Phu
communes.
Why is this Project necessary to implement?
The refection of the Ban Thach River Dyke will reduce
significantly the extend and frequency of flooding. Flood dykes
will be landscaped and will provide additional recreational
space/walkway for the population.
The roads improvement will provide significantly better access
in the city and will reduce traffic congestion.
Scope of impact
For Component 1, a total of around 300 HHs (20 relocated HHs)
will be affected. For Component 2, a total of around 500 HHs
(130 relocated HHs) will be affected. For the Dien Bien Phu
extension road, a total of around 65 HHs (14 relocated HHs).
Who are the affected households (AHs)?
Entitled AHs are those persons who are located within the
affected area at the date the project will be publicly announced.
The cut-off-date for eligibility is the date of the notification for
land acquisition. Persons who encroach into the area after the
cut-off-date will not be entitled to compensation or any other
form of resettlement assistance.
What are the resettlement policies and principles of the
Project for affected households?
The basic resettlement principles of the Project are:
a) All APs are entitled to be compensated for their lost assets,
incomes and businesses at replacement cost, and provided
with rehabilitation measures sufficient to assist them to
improve or at least maintain their pre-project living
standards, incomes and productive capacity.
b) Lack of legal rights to the assets lost will not prevent APs
from entitlement to compensation.
c) Compensation for affected assets shall be provided at
market rates.
d) Preparation of resettlement plans and their
implementation is to be carried out with participation
and consultation of affected people.
e) Payment of compensation for affected assets and
relocation of AHs to new sites will be completed prior
to commencement of any construction activities.
f) Specific assistance will be provided for ethnic
minorities, female headed-households, families with
disabled, and other vulnerable families.
When the Detailed Measurement Survey (DMS)will take
place?
This activity will be carried out after the detailed design of
the 3 components (end of 2013) has been completed. The
DMS will identify all affected assets (land, structure, trees,
crops etc.) of each HH. The DMS team will be composed of
project representatives (PMU staff), the Resettlement
Committees, commune staff. The DMS will only be carried
out in the presence of the AHs. AHs will be informed prior
to the survey.
When the Project is expected to commence?
The detailed design will take place by the end of 2013. Land
acquisition and resettlement will take place by mid-2014
and the civil works for all components are expected to start
by mid-2015 and be completed in 2018.
When other consultation will take place?
Consultation with AHs will continue during the detailed
design phase and before the DMS. AHs will receive a
written invitation to join the public meetings.
If there are disagreements or problems arising during the
Project such as compensation or general project-related
disputes, do I have the right to complain?
Any AH may file a complaint or grievance. The Project
includes a Grievance Redressal Process and AHs may
present their complaints to the concerned local
administrative officials and RCs, either verbally or in
writing.
The complaint can be filed first at the commune level and
can be elevated to the highest provincial level if the AHs
are not satisfied with the decisions made by the commune
or district. AHs will be exempted from all taxes and
administrative and legal fees associated with filing and
resolving the dispute.
Anybody who has questions or concerns about the Project,
can contact the following persons:
Mr. Dang Ba Du - Director of PMU Quang Nam, 510 Hung
Vuong Street, Tam Ky City, Tel: 0905666999
66
Translation:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
MINUTES OF PUBLIC CONSULTATION MEETING
Today, at 8:30 A.M, dated 10th Jan 2017, at Community House of Quy Thuong Village, Tam Phu
Commune. The participants are, as follows:
I. REPRESENTATIVES OF LANDFUND DEVELOPMENT CENTER- TAM KY
BRANCH
Mr. Nguyen Ngoc Trai
Mr. Nguyen Van Minh
Mr. Nguyen Luong Bang
Position: Director
Position: Officer
Position: Officer
II. REPRESENTATIVES OF PROJECT MANAGEMENT UNIT OF INVESTMENT AND
CONSTRUCTION PROJECT IN QUANG NAM PROVINCE
Mr. Huynh Quoc Huy Position: Officer
III. REPRESENTATIVES OF TAM KY CITY AUTHORITIES
Mr. Nguyen Duc Anh Position: Officer of Investment Management Division
IV. REPRESENTATIVES OF LOCAL AUTHORITIES
Mr. Nguyen Van Luong Secretary of Party Committee – Chairman of Tan Phu
Commune People’s Council
Mr. Nguyen Duc Vuong Chairman of Tan Phu Commune People’s Committee
Mr. Do Van Tu Chairman of Vietnam Fatherland Front – Tan Phu
Commune
67
Mr. Pham Van Phong Secretary of Party cell of Quy Thuong Village
Mr. Duong Van Anh Leader of People – Quy Thuong Village
Mr. Tran Van Tri Cadastral Officer of the Commune
Mr. Ho Xuan Anh Chairman of Commune Farmer’s Union
Ms. Tran Thi Binh Chairman of Commune Women’s Union
V. HOUSEHOLDS
And households whose land will be acquired for sub-project.
Resided in Quy Thuong Village, Tam Phu Commune, Tam Ky City.
+ Contents of the meeting:
Announcement of policy for investment and construction the project; the resettlement policies for
compensation, support for land clearance for Secondaries Cities Development Project in Quang
Nam, Ha Tinh and Dak Lak province.
- Tam Ky Subproject (Section: Dien Bien Phu Road Extension – Section: Km6+309,8 – Km8
+106,22), section from Tam Phu Commune, Tam Ky City, Quang Nam Province.
- Mr. Nguyen Duc Vuong – Chairman of Tam Phu Commune’s People Committee started
with the reasons of the meeting.
- Mr. Nguyen Ngoc Trai – Director of Land Fund Development Center – Tam Ky Branch:
+ Announcement No.394/TB – UBND dated Sep 13th 2016 of Quang Nam PPC, agreement on
additional location, routes for investing and constructing for completion of Ban Thach River
dyke and Dien Bien Phu Road Extension under SCDP in Quang Nam, Ha Tinh and Dak Lak –
Tam Ky City Subproject.
+ Decision No. 4727/QD-UBND dated Dec 30th 2016 of Quang Nam PPC, approval for
supplement of Feasible Study of SCDP in Quang Nam, Ha Tinh and Dak Lak – Tam Ky City
Subproject ( Component: Dien Bien Phu Road extension – Section: Km6+309,8 – Km8 +
106,22).
+ Legal documents are applied for compensation, support and resettlement:
- Land Law in 2013
- Decree No.43/2014/QD-UBND dated May 15th 2014 of Government, detailed regulations
for Land Law implementation.
- Decree No.47/2014/ND-CP dated May 15th 2014 of Government, regulations on
compensation, compensation, support, resettlement when Government acquires land.
68
- Decision No.43/2014/QD-UBND dated 22th December 2014 of Quang Nam Provincial
People’s Committee on promulgation of regulations on compensation, support, resettlement
upon land acquisition in Quang Nam province.
- Decision No.02/2016/QD-UBND dated 15th January 2016 of Quang Nam Provincial
People’s Committee, adjusting and supplementing some Articles on compensation, support,
resettlement upon land acquisition in Quang Nam province attached promulgation to
Decision No.43/2014/QD-UBND dated 22th December 2014 of PPC.
- Decision No.3219/ QD-UBND dated 12th Sep 2016 of Quang Nam PPC, promulgating
regulations process, procedures for compensation, support, resettlement upon land
acquisition in Quang Nam province.
- Decision No.48 /2014/QD-UBND dated 25th December 2014 of Quang Nam Provincial
People’s Committee, promulgation of land price, land pricing table from 2015-2019 in the
province.
- Project Resettlement Policy by the Decision No. Decision No. 1091 TTg-QHQT dated 29
July 2013
- For resettlement: It is estimated to implement the host resettlement site in Quy Thuong
village, land lots will be estimated to be allocated 300m2.
- For resettlement policy: for households whose residential lands are acquired, the
compensation method is land for land for 1st land lot.
- For the views of compensation, support, resettlement works: It is ensured to be public,
democracy, transparent, equality.
- To request Vietnam Fatherland Front – Tan Phu Commune and organizations, members,
local people to monitor the implementation of compensation, support, land clearance
works.
- For the project’s progress: It is expected that the acquired land will be handed – over on
30th Apr. Therefore, local people are requested to make conditions, support and cooperate
well with land clearance team in declaration and inventory.
- Agricultural lands, aquaculture land (ponds,) tombs will be measured detailly,
compensation plans expected to prepare prior to Lunar New Year of 2017 and made 80%
payment for compensation before 22nd Jan 2017 ( equivalent to 25th Dec 2016 – lunar
calendar) in case of getting approval , 100% payment will be made.
- * People’s views:
1/ Mr. Nguyen The Van:
Local people completely agree with the policy of Government for the project. However, timing
for compensation is too fast, especially for housing clearance. Inside the land clearance of
project, there is an ancestral temple, so it is requested that Government arrange other land for
rebuilding the ancestral temples. Years ago, the ancients were planning to build ancestral
temples and left a lot of land lot for this purpose so Government is requested to arrange other
lands for constructing ancestral temples. Are revolutionary cadres being supported when
Government acquires the land?
69
2/ Mr. Duong Dao:
- Completely agree with policy for road construction. However, where is the resettlement
land for tombs to be moved?
- House clearance has to go in parallel with arranging resettlement land for the people.
- Prior to ancestral temples to be cleared, it is requested to have a consolidated agreement
from 4 organizations, and arrange other land to reconstruct the ancestral temples .
3/ Ms. Nguyen Thi Luyen
Her house is partly acquired, is it possible to re-build a house in the remaining land? Is resettlement
land being provided for her?
4/ Mr. Nguyen Thanh Choi
Shrimp pond is only partly acquired, he requests that the remaining one be taken because he can
not do business anymore.
- Answers from Mr. Nguyen Ngoc Trai – Director of Land Fund Development Center – Tam Ky
Branch.
- Principally, for agricultural land clearance, within the compensation scope of the project, if 70%
land is acquired, consideration can be made for compensating the whole lot (After households
propose request for compensating the whole land lot)
- For lands of ancestral temples: if the land of ancestral temples is registered with cadastral
documents, consideration will be made for providing another land for reconstruction.
- In resettlement policy, there is no regulation for supporting the revolutionary cadres when their
houses are cleared.
- For houses that are partly cleared, during implementation, consideration will be made for each
specific case.
- In the case of land with tombs, the tombs will be moved to tomb areas in Tam Phu Commune.
If a household has lineage tombs, Government will provide money to buy lands for those lineage
tombs (700,000 dong/ tomb)
- For resettlement policy, equality and transparency are ensured, in which consideration will be
made for families under preferential treatment policy, people with meritorious services to the
revolution, veterans, relatives of martyrs and the potential value of the land before clearance.
- Resettlement policies will provide the following support: support for moving, stability for
production and living, support for families under preferential treatment policy, reward for
obedience to resettlement conditions.
- If the HH needs to fix the remaining part of the house (kitchen, toilet etc), compensation for
house repair will be considered, but it is requested that people write a letter to the Commune PC
for resolving the issues as regulated.
- Resettlement land will not be provided to households in cases where his/her land is only partly
acquired.
70
Ideas of Mr. Nguyen Van Luong – Secretary of Party Committee – Chairman of Tan Phu Commune
People’s Council.
- There are many projects which are implemented in Tam Phu commune, however, up to now;
there only one project in Quy Thuong Village. When this project is finished, the socio –
economic situation of the Commune will be developed. On behalf of the Director of the Board,
thank you for the care of the Province, the city, for Tam Phu commune generally and for Quy
Thuong, Ngoc My Village specifically. Mostly agricultural lands and shrimp ponds are acquired
in this project; full land clearance is made for 12 households. It is requested that when
compensation and resettlement are implemented, households quickly accept payment,
compensation and hand over lands for Government to start construction in a timely manner.
- The meeting finishes at 11:00 at the same day, it is public read for people and to be accepted for
the contents.
REPRESENTATIVES OF TAM KY
BRANCH OF LANDFUND
DEVELOPMENT CENTER
(Signed and sealed)
Nguyen Ngoc Trai
REPRESENTATIVES OF PROJECT
MANAGEMENT UNIT OF
INVESTMENT AND
CONSTRUCTION PROJECT OF
QUANG NAM PROVINCE
(Signed)
Huynh Quoc Huy
REPRESENTATIVES OF LOCAL
AUTHORITIES
(Signed)
Duong Van Vinh
REPRESENTATIVES OF DIVISIONS,
DEPARTMENTS OF TAM KY CITY
REPRESENTATIVES OF THE HOUSEHOLDS
(Signed)
75
Translation
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
MEETING MINUTES
Public policy announcement for project’s implementation of Extension Dien Bien Phu Road
(through Tam Thanh commune, Tam Ky City, Quang Nam Province)
Today, dated 14th Jan 2017, at Meeting Hall of Tam Thanh Commune People’s Committee. The
participants are, as follows:
No. Full name Position/Address
1. Mr. Nguyen Thanh Binh Tam Thanh Commune People’s Committee
2. Mr. Tran Dinh Quy Cadastral officer of Tam Thanh Commune
3. Mr. Tran Minh Hoang Officer of Tam Thanh Commune
4. Mr. Tran Van Be Chairman of Vietnam Fatherland Front – Tam Thanh Commune
5. Ms. Vo Thi Kim Thu Chairman of Commune Women’s Union
6. Mr. Pham Thanh Minh
7. Mr. Nguyen Chuong Ly Chairman of Farmer’s Union- Thanh Tan Village.
8. Mr. Phan Dinh Hai Secretary of Party cell of Thanh Tan Village
9.
10. Mr. Nguyen Ngoc Trai Director of Land Fund Development Center – Tam Ky Branch
11. Mr. Nguyen Luong Bang Officer
12. Mr. Tran Huu Nam Thanh Tan Village
13. Ms. Tran Thi Tac Thanh Tan Village
14. Mr. Do Ngoc Chau Thanh Tan Village
15. Mr. Tran Van Sau Thanh Tan Village
16. Mr. Tran Tan Thu Thanh Tan Village
17. Ms. Huynh Thuy Duong Thanh Tan Village
18. Ms. Nguyen Thi Mai Thanh Tan Village
19. Mr. Nguyen Xuan Nhi Thanh Tan Village
CONTENTS OF THE MEETING:
In implementation of the content of Announcement No.394/TB-UBND dated 19th Sep 2016 of
Quang Nam PPC on Agreement of additional location, orientation for construction investment,
finishing the Dike of Ban Thach River and Dien Bien Phu Road Extension under Secondaries Cities
Development Project in Quang Nam, Ha Tinh and Dak Lak Province – Tam Ky city Subproject.
Land fund Development Center – Tam Ky Branch cooperated with Tam Thanh Commune PPC to
hold public meeting with affected people by project Dien Bien Phu Road Extension, section
through Tam Thanh Commune, for announcing policies on land acquisition, compensation, support
and resettlement.
76
Mr. Bind – Chairman of Tam Thanh Commune People’s Committee made statement on the
meeting about purposes and meaning of the project.
Mr. Trai – Director of Land Fund Development Center – Tam Ky Branch disclaimed
announcement on Agreement on location, policies of land acquisition, and investment scope of the
project. Legal documents of Government, Quang Nam PPC on land acquisition, compensation,
support and resettlement.
Procedures for compensation implementation in accordance with Decision No.3219/QD – UBND.
To request households to obey the due date, maximum for 07 days for origin of land, 10 days for
draft plan.
Household’s views:
- To request the consideration to fully compensate for the case of partly affected to
aquaculture land.
- To request announcement of handover land timing.
These followings taken after discussion:
- Timing for aquaculture: expected to finish before 30th Apr 2017.
- For the specific policy, project officers will explain directly to households during
implementation.
- For aquaculture land, consideration will be taken for fully land compensated.
The meeting finishes at 10:30 at the same day, it is public read for the people and to be accepted
for the contents.
PARTICIPANTS
REPRESENTATIVES OF TAM
THANH COMMUNE
(Signed)
Nguyen Thanh Binh
REPRESENTATIVES OF TAM KY
BRANCH OF LANDFUND
DEVELOPMENT CENTER
(Signed and sealed)
Nguyen Ngoc Trai
REPRESENTATIVES OF
HOUSEHOLDS
(Signed)
Tran Huu Nam, Nguyen Thi Tuc
REPRESENTATIVES OF VIETNAM
FATHERLAND FRONT – TAM
THANH COMMUNE AND LOCAL
AUTHORITIES
( Signed)
Vo Thi Kim Thu
85
Translation:
DANANG APPRAISAL AND
FINANCIAL SERVICE JOINT STOCK
COMPANY
No: 09/CT-DGD – TK
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
Danang, dated 27th March 2017
Certificate of Valuation
Respectfully to: Land Fund Development Center - Tam Ky Branch
Based on Principal contract dated 22th March 2017 between the Land Fund Development Center -
Tam Ky Branch and Danang Appraisal and Financial Service Joint Stock Company on the
consulting services for identifying land replacement prices and replacement prices for trees, crops
and animal breeding.
Based on Appraisal Result Report No.09/BC-Cty dated 27th March 2017 of Danang Appraisal and
Financial Service Joint Stock Company.
Danang Appraisal and Financial Service Joint Stock Company provides Certificate of Valuation
for land price No. 09/CT-DGD – TK dated 27th March 2017 with the following contents:
1. Purpose of Appraisal
To serve as a basis to submit to the authorities for approval of land prices for implementation
of compensation.
2. Time of Appraisal
At the time of March 2017.
3. Basis for Appraisal
3.1 Central Government’s documents
- Law No. 11/2012/QH13 dated on June 20, 2012 of The National Assembly on Prices
- Law on Lands No.45/2013/QH13 dated 29th November 2013
- Decree No.89/2013/ND-CP dated 6th August 2013 of Government on detailed regulations
for implementation of price appraisal of the Law on Prices.
- Decree 43/2014/ND-CP, dated 15 May 2014 detailing a number of articles of the Land Law
- Decree 44/2014/ND-CP, dated 15 May2014 on land prices
- Decree No.45/2014/ND-CP dated May 15, 2014 of the Government on collection
of land use levies.
86
- Decree No. 47/2014/ND-CP, dated 15 May 2014 on compensation, support and
resettlement upon land recovery.
- Decree No.01/2017/ND-CP dated January 06, 2017 of the Government amending and
supplementing a number of decrees detailing the implementation of the Land Law.
- Circular No.76/2014/TT-BTC dated June 16, 2014 of the Ministry of Finance, guiding
some articles of Decree No.45/2014/ND-CP on land use levy collection.
- Circular No. 36/2014/TT-BTNMT dated June 30, 2014, on land pricing method;
compilation of and adjustment to land price lists; determination of specific land prices and
consultancy on land pricing.
- Circular No. 37/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural
Resources and Environment detailing compensation, support and resettlement upon land
recovery by the State.
- Circular No.05-BXD/DT dated 9th February 1993 on the classification of the housing
categories.
- Vietnam Valuation Standards were promulgated at:
- Circular No.158/2014/TT-BTC dated 27th Oct 2014, promulgation of the Standard
Valuation Vietnam Number 01, 02, 03 and 04.
- Circular No.28/2015/TT-BTC dated 06h March 2015 of the Ministry of Finance,
promulgating Vietnam Valuation Criteria No.05, 06 and 07.
- Circular No.126/2015/TT-BTC dated 20th August 2015 of Ministry of Finance,
promulgating Vietnam Valuation Criteria No.08, 09 and 10.
3.2 Local legal documents:
- Decision No.43/2014/QD-UBND dated 22th December 2014 of Quang Nam Provincial
People’s Committee (PPC), promulgation of regulations on compensation, support,
resettlement upon land acquisition in Quang Nam province.
- Decision No.02/2016/QD-UBND dated 15th January 2016 of Quang Nam PPC, adjusting
and supplementing some Articles on compensation, support, resettlement upon land
acquisition in Quang Nam province attached promulgation to Decision No.43/2014/QD-
UBND dated 22th December 2014 of Quang Nam PPC.
- Letter No.443/UBND –KTTH dated 01st February 2016 of Quang Nam PPC, corrigenda of
contents of Clause 3, Article 2 of Decision No.02/2016/QD-UBND dated 15th January
2016.
- Decision No.44/2014/QD-UBND dated 22th December 2014 of Quang Nam PPC,
promulgation on pricing regulations of building houses, structures, constructions, assets on
lands for compensation, support and resettlement when Government acquires land in
Quang Nam province.
87
- Decision No.39/2015/QD-UBND dated 21st December 2015 of Quang Nam PPC,
promulgation on unit prices of trees, crops, tree density, cattles ; supporting level for marine
and aquaculture exploiting assets for compensation, support and resettlement when
Government acquires land in Quang Nam province.
- Decision No.48/2014/QD-UBND dated 25th December 2014 of Quang Nam PPC,
promulgation of land price, land pricing table from 2015-2019 in the province.
- Decision No.42/2015/QD-UBND dated 22nd December 2015 of Quang Nam PPC,
promulgation on regulation of adjustment rate for land price in the Quang Nam Province.
- Decision No.43/2015/QD-UBND dated 22nd December 2015 of Quang Nam PPC,
adjustment and supplement some contents of Decision No.28/2014/QD-UBND dated 25th
December 2014 of Quang Nam PPC.
- Decision No.30/2016/QD-UBND dated 20th December 2016 of Quang Nam PPC
adjustment of Decision No.48/2014/QD-UBND dated 25th December 2014 of Quang Nam
PPC, and Decision No. 43/2015/QD-UBND dated 22nd December 2015 of Quang Nam
PPC, price and land pricing table from 2015-2019 in the province.
- Decision No.2352/QD-UBND dated 1st July 2016 of Quang Nam PPC, promulgation of
regulation for processes and procedures for specific land price identification in Quang Nam
province.
- Announcement on land acquisition No.173/TB-UBND dated 23th March 2017 of Tam Ky
City People’s Committee for construction of Dien Bien Phu Road (section from road of
flood prevention and natural relief to Coastal Square of Tam Ky city) under the SCDP –
Tam Ky subproject.
4. Asset Status for Appraisal
4.1 Assets for Appraisal
Replacement price: Land use right and trees, crops and cattle in Tam Thanh and Tam Phu
Commune, Tam Ky City, Quang Nam province are affected by SCDP in Quang Nam, Ha
Tinh and Dak Lak provinces – Tam Ky city Subproject ( Component: Dien Bien Phu Road
extension – Section: Km6+309,8 – Km8 + 106,22).
4.2 Asset Status for Appraisal
4.2.1 Replacement price of roads in Tam Thanh Commune and Tam Phu Commune
No. AFFECTED ROADS/ AREAS
I Tam Thanh Commune
1 The existing Thanh Nien Road, section from Mr. Tran Phuoc’s house ( Thanh
Tan Village) to area adjacent to Binh Nam
II Tam Phu Commune
1 The resident areas of remaining villages
88
In the cases where there are gardens and ponds inside the house lot at some positions in
resident areas, they are not accepted as residential land.
4.2.2 Replacement price of Agricultural land
a) Agricultural land:
- Paddy land
- Remaining land for cultivation of annual crops
- Land for cultivation of perennial trees
- Land for aquaculture
b) Classification of agricultural land: The classification is implemented in accordance
with regulation at article 15, Circular No.36/2014/TT-BTNMT dated 30th June 2014
of Ministry of Natural Resources and Environment, of which:
- Location 1: refers to such lots as have the most favorable elements and conditions.
4.2.3 Replacement price for trees, crops and cattle
Comply with the list as attached with Decision No.39/2015/QD-UBND dated 21st
December 2015 of Quang Nam PPC on promulgation of unit price for trees, crops, plant
density, livestock’s; support levels for marine exploiting and aquaculture assets for
compensation, support, resettlement when the lands are acquired by the Government in
Quang Nam province.
5. Appraisal methods
Applicable methods are directive comparison method, pricing methods and collection
methods.
6. Results of appraisal
- The product of appraisal service is the land replacement price in Tam Thanh Commune and
Tam Phu Commune, Tam Ky city, Quang Nam province which are affected by Dien Bien
Phu Road project ( section from road of flood prevention and natural relief to Coastal
Square of Tam Ky city) under the SCDP – Tam Ky subproject. The appraisal is made by
Consultant Team of Danang Appraisal and Financial Service Joint Stock Company and the
proposed Replacement price is presented in detailed as follows:
6.1 Resident lands on the roads in Tam Thanh and Tam Phu Commune:
No. AFFECTED AREAS/ ROADS REPLACEMENT PRICE
( dong/m2)
I Tam Thanh Commune:
1 The existing Thanh Nien Road, section from Mr.
Tran Phuoc’s house ( Thanh Tan Village) to
adjacent to Binh Nam
998,000
II Tam Phu Commune
1 The resident areas of remaining villages 342,000
89
6.2 Agricultural lands
No. AFFECTED AREAS/ ROADS REPLACEMENT PRICE
( dong/m2)
I Tam Thanh, Tam Phu Commune: Location 1
A Paddy land 55,000
B Remaining land for cultivation of annual crops 55,000
C Land for cultivation of perennial trees 58,000
D Land for aquaculture 58,000
- Replacement price for residential land of the existing Thanh Nien Road, section from Mr.
Tran Phuoc’s house ( Thanh Tan Village) to the area adjacent to Binh Nam in this certificate
of valuation applies for land lots with 25m width, and more than 25m width, land lots with
the front owned by other owners ( L, T shape lot), land lot with more than 2 facades in
accordance with regulations at Section 3 Article 5 Decision No.48/2014/QD-UBND dated
25/12/2014 of Quang Nam PPC, on promulgation of land price during 2015 -2019 in Quang
Nam province.
- For garden lands and ponds in the same land lot with the house but not recognized as
residential land, the replacement land price will comply with Section 1, Article 2, Decision
No,02/2016/QD-UBND dated 15 January 2016 of Quang Nam PPC.
- Appraisal results for residential land prices at these locations are calculated for
compensation at market prices, it’s not counted for re-purchased resettlement land with
priority prices.
- Appraisal results for agricultural land price have not mentioned supporting fees for
agricultural land and employment conversion and job hunting.
6.3 Trees, crops and cattle
The list of replacement unit prices for trees, crops and cattle is applied in accordance with
regulations of Decision No.39/2015/QD-UBND dated 21st December 2015 of Quang Nam
Provincial People’s Committee regarding the promulgation of unit prices for plants, crops,
plant density, cattle, supporting level for marine and aquaculture exploitation assets in order
to implement compensation, support, resettlement for land acquisition in Quang Nam
province.
Notes for appraisal results:
- Appraisal results are only used for stated purposes in Section 1 of Certificate of Valuation.
90
- Land Fund Development Center - Tam Ky Branch and stakeholders are responsible for the
accuracy of information relating to appraisal of assets which were provided to Da nang
Appraisal and Financial Service JSC during the appraisal time.
- Appraisal JSC issues 01 original and 03 main copies: 02 main copies for customers, 02
copies as achieved at the company.
- Copies without Notary’s certification are invalid.
- Duration of Certificate of Valuation is from issuance date: 06 months.
Appraiser
( Signed)
Dang Thi An Thinh
Appraiser’s Card No. 06155 issued on 13th
Jan 2009
DIRECTOR
( Signed and sealed)
Duong Thi My Lang
Appraiser’s Card No.V09.218 issued on
2nd Mar 2010
DANANG APPRAISAL AND
FINANCIAL SERVICE JOINT
STOCK COMPANY
ORIGINAL COPY
Danang, 27th March 2017
Certificate of Valuation is issued 2 more copies for customer.
DEPUTY DIRECTOR
Dang Thi An Thinh
Top Related