RP1350 V1 DA NANG PEOPLE'S COMMITTEE OANANG PRIORITY INFRASTRUCTURE INVESTMENT PROJECTS MANAGEMENT UNIT DA NANG CITY SUSTAINABLE DEVELOPMENT PROJECT RESETTLEMENT PLAN (FIRS1' DRAFT) porrs.:n rJf?. '~ 1 0 OCT 201Z . ,J ____ ....-~~~·::_::.. ~---~---- SEPTEl\'ffiER 2012 DA NANG PEOPLE'S COMMITTEE DANANG PRIORITY INFRASTRUCTURE INVESTMENT PROJECTS MANAGEMENT UNIT DA NANG CITY SUSTAINABLE DEVELOPMENT PROJECT CREDIT NO ................ VN RESETTLEMENT PLAN REPORT Package D60: Consultancy Service for Environmental Impact Assessment, and Resettlement Plan THE EMPLOYER THE CONSULTANT DANANG PRIORITY INFRASTRUCTURE THANG LONG INFRASTRUCTURE INVESTMENT PROJECTS DEVELOPMENT SJC. (Infra-Thanglong) MANAGEMENT UNIT SEPTEMBER 2012 DEFINITIONS OF TERMS • Displaced Person(s) Displaced Person(s) (DPs) are the persons who are affected by (DPs) involuntary taking of land, resulting in: (a) Relocation or loss of shelter; (b) Loss of assets or accessibility to assets; (c) Loss of income sources or means of livelihood, regardless of relocation or not; and (d) Restriction of accessibility to legally designated parks or protected areas causing adverse impacts on their livelihoods. Resettlement Assistance Additional support provided to DPs who are losing assets (particularly productive assets), incomes, employment or sources of living, to supplement the compensation payment for acquired assets to achieve, at a minimum, the full restoration of living standards and quality of life. Cut-off date The date that the project is approved and the project landmarks are made. Displaced Persons and local communities will be informed of the cut-off date for each Project component by the project management unit and relevant local authorities, and any persons moving into the project area after that date will not be entitled to compensation and assistance under the Project. The cut-off dates could be different for the different project components. Detailed Measurement The finalization and/or validation of the results of the inventory of asset Survey (DMS) losses (IOL), severity of impacts, and list of DPs done during the preparation of the final resettlement plan and with the landmarks made on the ground demarcating for the project areas. Entitlement The range of compensation, assistance measures and assessments comprising income restoration support, moving assistance, income restoration assistance, relocation and resettlement assistance to the DPs to restore their economic and social facilities depending on the type and severity of their losses. Host community A community living in the immediate VICinity of the proposed resettlement sites (communities receiving the resettlement). Income The restoration and/or improvement of income sources and livelihoods restoration/Livelihood of all DPs. improvement Inventory of Losses The process of tally, location, measurement and identification of assets (IOL) that will be recovered or adversely affected by, or because of, the project. These include, (without limitation or being in an exhaustive list) lands used for residence, business, agriculture, ponds, dwelling, stalls and shops; other structures such as fences, tombs, and wells; trees with commercial value; and sources of income and livelihood. It also includes assessing the severity of the impacts on the DPs' affected land, property, assets livelihood and productive capacity. Land Acquisition The process by which the State issued administrative decisions to acquire the land-use rights or land allocated to users as regulated. Relocation/ Relocation means DPs' movement away from their old residence and Resettlement resettlement means a new residence of DPs. Replacement Value The amount of money, which is needed to replace an affected asset and (Cost) cover the transferring costs for such asset without depreciation or deductions for salvageable materials, inclusive of taxes, and/or costs of transactions as follows: : • (i) Productive land (agricultural, fishponds, gardens, forests) based on the market prices that reflect the local recent land sales of comparable land in the district and other nearby areas or, in the absence of such recent sales, based on the land's productive value; (ii) Residential land is compensated based on the market prices in the normal condition that reflect recent sales of comparable houses and residential land in the district and other nearby areas or, in the absence of such recent land sales, based on sales in other locations with similar qualities; (iii) Houses and eligible structures which are usable and associated with the land based on current market prices of materials and labor without depreciation or deductions for salvaged building materials plus fees for obtaining the ownership papers; (iv) Standing crops based on the current market value of the crop at the time of compensation; (v) Perennial crops and fruit trees will be compensated by cash equivalent to the current market value given for the type, age and productive value of such trees (future production) at the compensation time. Replacement Cost Study The process involved in the determination of the replacement cost of land, houses and other affected assets based on market surveys. Vulnerable Groups Distinct individuals or groups of people who might suffer disproportionately from the risk of land and property acquisition or building resettlement sites specifically including: (i) households falling under the MOLISA's poverty line, (ii) households with of martyrs, wounded and sick soldiers, heroes of the people's armed forces and labor, and families who sacrificed to the Revolutions; and households suffering from Agent Orange. T"\ A 1\.T A 1\.T/C 1 TDD A 1\.T 'T'D A 1\.TCD/"\D'T' T"\t:',Tt:'l 1"\Dl\.A"Cl\.T'T' DDt"\ Tt:'I""''T' ABBREVIATIONS • CSDP City Sustainable Development Project DMS Detailed Measurements and Survey DP(s) Project Displaced Persons DRC District Compensation, Assistance and Resettlement Committee EIA Environmental Impact Assessment FS Feasibility Study HH Household IOL Inventory of Losses GRC Grievance Redress Committee PC People's Committee PMU Project Management Unit RCS Replacement Cost Survey RPIRAP Resettlement Plan/Resettlement Action Plan RAPF Resettlement Policy Framework SES Socio-economic Survey TOR Terms ofReference WB World Bank T"\ A 1\.T A 1\.T/""! TTDD A 1\.T TD A 1\.T~Dr'IDT T"\I:;Ut:;T r'IDl\KI:;l\.TT DDr'ITJ:;f"'T Executive Summary Introduction This resettlement plan is prepared for SCDP Project. The RP will include the results of socio-economic survey (SES); statistics of project affected properties; applied methods to determine replacement costs (unit prices), actual compensation rates and standards; interest policies relating to any more impacts to be defined through investigations and surveys; descriptions of resettlement areas and living standard rehabilitation programs; implementation schedule for resettlement activities; and detailed cost estimations. Scope and Impact of Land Requisition As designed, the Project scope of SCDP will include (i) Component 1: Environmental improvement wastewater collection and disposal and (ii) Component 2: Public transport: a Bus Rapid Transit system; (iii) Component 3: Strategic road construction: new east- west primary highway links; (iv) Component 4: Capacity building for urban infrastructure. The project works locate in 16 wards of 06 districts of the city. Accordingly, the total acquired area is 891.875,3 m2 (approximately 90 hectares), in which residential area is 192.308 m2 , agricultural land is 622.843,28 m2 and the area of wasteland and public land which the Ward People's Committee manage is 78.757m2 • In the total 2798 affected households, in which there are 730 families are totally affected and must relocate. Data of the impacts are show in the following table: Table 1: Summary of impacts due to the project Main impacts Unit Affected quantity Component 1: ENVIRONMENT SANITATION IMPROVEMENT 1. Affected households: households 510 Household members Persons 2142 In which: + Households whose residential lands are households 247 affected + Households whose agricultural lands are households 263 affected + Other land (People's Committee manage) households 0 2. Affected area ml 77722.4 Of which: + residential land mL 5909.9 + agricultural land m2 18,358.30 + other land (public land) ml 52790 3. Number of households to relocate, resettle households 131 from their residential land 4. Number of households whose agricultural households 263 land is seriously affected (more than 20%) Component 2: BRT 1. Affected households: households 28 Household members Persons 115 In which: + Households whose residential lands are households 28 affected + Households whose agricultural lands are households 0 affected + Other land (People's Committee manage) households 2. Affected area m2 25573.1 Of which: + residential land m2 3458.7 + agricultural land m2 + other land (public land) m2 19925 3. Number of households to relocate, resettle households 28 from their residential land 4. Number of households whose agricultural households 0 land is seriously affected (more than 20%) Component 3: STRATEGIC ROADS 1. Affected households: households 1098 Household members Persons 4502 In which: + Households whose residential lands are households 557 affected + Households whose agricultural lands are households 541 affected + Other land (People's Committee manage) households 2. Affected area mz 597970.42 Of which: + residential land m2 163739.15 + agricultural land mz 403895.98 + other land (public land) m2 4009.22 3. Number of households to relocate, resettle households 299 from their residential land 4. Number of households whose agricultural households 541 land is seriously affected (more than 20%) RESETTLEMENT AREA 1. Affected households: households 1162 Household members Persons 4880 In which: + Households whose residential lands are households 272 affected + Households whose agricultural lands are 890 households affected 2. Affected area Of which: + residential land m2 19200 + agricultural land m2 200589 Mitigation Measures During the process of determining project investment scale and method, a close co- ordination between technical consultant (SKM Company) and social consultant (Infra_Thanglong - national consultant) has been established to achieve 02 following objectives: Promote the effectiveness of the investment project and minimize the land acquisition of landowners. During the process of socio-economic survey and consultation of the project affected community, the Consultant took measures to mitigate project impacts (by means of setting up proper resettlement and compensation options and residents' consensus towards the Project), which include the propaganda and community meetings to introduce the Project and the roles of residents during the project preparation and implementation stage as well. Simultaneously, measures to minimize temporary impacts in the construction stage was studied and proposed to avoid or minimize the same impacts in the next stages. Policy Framework and Entitlement The basic principle applied for the RP preparation is: DPs shall be assisted together with their best efforts to better or at least improve their living standards, their earning capacity and productivity same as their prior living standards when the project was not started. The lack of legal basis of land usage does not bar affected persons' entitlements to the compensation and/or assistance for their economic restoration. Their affected properties shall be compensated based on "Replacement Costs". The cut-off date of the project is defined as the completion time of the IOL. All cases arising after this date will not be determined to be impacted by the project. Rehabilitation Program The life recovery program is one of the important activities in the implementation process of compensation and resettlement. The project has provided a vocational training and job introduction program managed by the Da Nang Women's Employment Service Centre to the affected people to life restoration and house rehabilitation after land acquisition. Institutional Arrangement The Project's compensation, assistance and resettlement will be under the management of the Project Management Unit and the City Compensation and Resettlement Committee (CRC) will be directly in charge of this work. In the implementation process, the close cooperation among site staffs, DCRC, Project Management Unit, commune officers and residential groups as well as coordination with resettlement specialists of the project in process of resettlement and compensation. Implementation Plan The RP will be implemented and completed before the construction of the project works started. It is estimated that affected households will be compensated and carry out site clearance in the Second quarter of 2013. Consultation and Participation The Project's resettlement policy in this resettlement plan has been prepared with the close cooperation of local authorities, community organizations, and DPs to maximize their participation in the preparation and implementation of the resettlement plan. The local authorities, community organizations and about over 750 affected households were consulted through different forms and channels of information including meetings, community consultations, in-depth interviews for typical cases and questionnaire survey for all project affected households. The information obtained in the consultations is not only useful for building resettlement plan policy but also assists for setting up of compensation options in the implementation process. Monitoring and Evaluation The implementation of the detailed resettlement plan will be monitored and examined internally by PMU's staffs. The implementation of resettlement plan will be also monitored frequently via the prepared reports and the proposals. Arising and outstanding problems will be resolved absolutely. At the same time, an independent monitoring organization will be employed to monitor the RP implementation and evaluate the DP's living standards after resettlement. Grievance and Grievance Redress In the implementation process of the resettlement plan, grievances will be settled in accordance with the procedure, which is approved in the resettlement policy. The local authorities at all levels and project staffs will resolve DPs' grievances fairly and quickly. DPs will not pay any administrative fees for their grievance redress. Cost Estimation Total estimated cost of resettlement plan is 714,200,000,000 VND (Seven hundred and fourteen billion, two hundred million). This includes compensation and allowance costs for project-affected land and architectures, the income rehabilitation programs, the transition assistances, the monitoring, evaluation and administrative management and contingency costs. nAN ANr.T TRRA N TR AN~PORT nFVFT .OPMFNT PRO.TFCT 1. INTRODUCTION 1.1 Project Background Da Nang has a strategic and critical position. Da Nang is considered as central economic area and principal transport hubs of road, railway and domestic-international airway as well as a major center of politics, economic and culture of the country and the Central region. With its advantageous geographical position, Da Nang has highlighted its strategic importance of national defense and security in the South Central and Central Highlands region as well as in the whole country. In the regional and international context, Da Nang is one of the significant sea gateways for the Central Highlands accompanied by some countries such as Laos, Cambodia, Thailand and Myanmar to the North- East Asian countries through East-West Economic Corridor with the ended point of Tien Sa Seaport. In recent years, the city has implemented some projects which are sponsored by World Bank. Particularly, in the period of 1998 and 2007, Solid Waste Management and Drainage Improvement Project; from 2006, the city has implemented Priority Infrastructure Investment Project (PIIP) which includes 4 main components: Urban Upgrading, Environment Management, Traffic Road Improvement and Institutional Development. The Project Phase I has been completed and the Phase II has been currently implemented. The Phase II is expected to follow the completion in 2013. Despite a great deal of infrastructure improvement, Da Nang has been facing particular difficulties such as flooding, pollution in lakes and water resources. In addition, continuing investment is necessary for the city to resolve successfully existing problems. As proposed by Da Nang People's Committee, the World Bank has approved to provide fund for the city to implement Sustainable City Development Project (SCDP). This project will be responsible for furnishing the city with essential urban infrastructure in order to assist rapid city expansion. SCDP includes four components. Three of them will concentrate on infrastructure construction and the remaining will focus on infrastructure management and capacity building. In particular, Component 1: Environment Improvement with the key investment in wastewater collection and treatment. Component 2: Public Transport with key investment in Bus Rapid Transit system, Component 3: Strategic Urban Road Improvement includes the construction of new South-West highway route. Component 4: Capacity Building and Urban Infrastructure Management. Project Objective The project aims to (i) stimulate local socio-economic development; (ii) improve the urban utility and (iii) further the poverty-alleviation activity as well as (iv) satisfy transporting demands and avoid traffic congestion and (v) reduce environmental pollution together with avoid flooding and enhance the capacity of disaster prevention in Da Nang city. As target platforms, infrastructure investment components will include flood controlling, construction of new drainage system, waste water collection, pumping and treatment aside from investment in bus system development and the construction of new roads and bridges in the urban area. nA NANG lJRRAN TRANSPORT nEVELOPMENT PROJECT Project Components The project includes four components and two phases below. Component 1 - Environment Improvement and Key Investment in Waste Water Collection and Treatment Improvement of waste water collection and treatment system is concentrated. For the purpose of flood controlling, the capacity of lakes and canals needs to be expanded. Drainage and wastewater - overflow dam as well as pumping stations will be provided to the urban zones in which theirs drainage system is direct discharge into rivers, lakes and canals. Besides, a separate sewer system will be constructed in the new development urban zones. In this component, a new wastewater treatment plant with two-tier treatment system (which has been experienced in another project) will be constructed in Lien Chieu district in order to serve the southern area of the city. In addition, the upgrading categories can be deployed in 04 wastewater treatment plants. Component 2- Public Transport: Bus Rapid Transit System Development Assistance to public transport development will be provided, in particular, Bus Rapid Transit system (BRT) in the city will be constructed. Currently, there are 500,000 motorbikes and 30 cars, however, the public transport is insufficient. Severe traffic congestion as in Hanoi and Hochiminh city will spread over the city if there is no proposed prevention measures. BRT system aims to complete many routes of public transport lines (PT) which have been currently established. BRT route is proposed to construct with its length of 22km from Hoa Khanh industry zone in the North-Western cities to new university zone in the Southeast, running though city center and Dragon Bridge. BRT will provide a separate lane and 26 bus stops. BRT system will also include stations, warehouses etc. Component 3- Construction of Strategic Urban Roads: A new system ofthe East-West road-linking highway This component will provide investment fund in the strategic road network in order to stimulate modem urban road development. Besides, two main routes which link the East to the West will be established. In the South of the city, the Avenue will be extended to 8,25km heading to the West which is from the University zone/ Highway lA to Highway 14B. This route is 34m wide, with 6 lanes (3,75m), mid (3m) and footpaths (5m) on both sides. The route runs through flat terrain in which mostly includes agricultural land for rice cultivation. On the routes, bridges over the rivers or canals will also be provided. The link road in the North of the city is proposed to be 6km long, extended towards the West from the intersection of Nguyen Luong Bang and Nguyen Tat Thanh (near the Highway 1 toll) to the link tunnel Southern Hai Van. The route will mainly spend agricultural land with flat terrain, however, there will be a significant number of affected households due to agricultural land acquisition. Component 4- Capacity Strengthening of Urban Infrastructure Management SCDP will continue activities of capacity strengthening which has been deployed in PUP in order to establish the Public Transport Management and Controlling Office as well as Traffic Management and Controlling Center. At the same time, facilities and expertise for the new Waste Water Management and Sanitary Company will also be provided. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Project scale Particular scale for each component as follows: Component 1: Environment Improvement: Waste water collection and treatment NO. Categories I Subcomponent JA 1 Dredging Bau Tram lake 2 Dredging Bau Sau lake 3 Box culvert system along Quang Trung road 4 Box culvert system along Le Hong Phong road 5 Drainage system improvement at Hoang Van Thu road 6 Construction of exhaust port into Thac Gian lake and March 29 lake. 7 Khe Can Box culvert system from Le Trang Tan road to Phu Lac river 8 Construction of drainage sewer and canal from Hoa Khanh Industry Zone to Cu De river 9 Construction of box culvert from Bau Tram lake to Cu De river 10 Construction of drainage box culvert along Tran Quang Khai road 11 Construction of exhaust port to My Khe sea (CX3) and My An (CX4) 12 Da Co bridge improvement at Ton Due Thang road 13 Improvement ofthe culvert ofYen The- Bac Son canal on Ton Due Thang road 14 Improvement and rebuilding the manholes to prevent odors in the central area. Improvement of Yen The- Bac Son culvert system which is extended toLe Trang Tan 15 road 16 Building drainage sewer system from Huyen Tran Cong Chua into Co Co river 17 Building box culvert system from Phuoc Tuong foot mountain to Phuoc Ly lake II Subcomponent JB 1 Construction of collection system, waste water pump station along Phan Lang lakes Construction of sewer system for waste water collection and waste water pumping 2 station along Nguyen Tat Thanh road Construction of transferring sewer for waste water collection from Phu Lac treatment 3 plant to Lien Chieu treatment plant 4 Construction of waste water collection system on Tran Hung Dao road 5 Construction of drainage sewer system around Au Thuyen, Tho Quang 6 Construction of collection sewer system along Hoang Sa road 7 Construction of waste water collection system in My Khe and My An communes Construction of main canal from Ngu Hanh Son Treatment Plant to Hoa Xuan Treatment 8 Plant 9 Construction of sewer system along Han river to Ngu Hanh Son Treatment Plant nA 1\.TAlo..Tr! TTDO Alo..T TD Alo..T~Df"\DT nJ::\TJ::T f"\Dl\AJ::lo..TT DDf"\TJ::rT 10 Construction of sewer system along Co Co river to Hoa Xuan Treatment Plant Construction the connection of waste water collection system lever 03 for 40,000 11 households 12 Enhance the capacity ofHoa Xuan treatment plant from 20.000m 3/day to 60.000m 3/day Construction of Lien Chieu waste water treatment plant with the capacity of 13 40.000m3/day Component 2:- BRT (Bus Rapid Transit) Route Alternative: Hoa Khanh Industrial Zone (initial point in the northern city) -Nguyen Luong Bang- Ton Due Thang Street, Dien Bien Phu- Nguyen Tri Phuong- Nguyen Van Linh, a new bridge over Han River (Dragon bridge) - Ngo Quyen street - Ngu Hanh Son street - Le Van Hien street - Viet - Korea (the last point in the southern city). The system has 37 terminals including stops, initial terminal, last terminal, warehouses, etc. Component 3: Construction of Strategic traffic routes In terms of the Extended Nguyen Tat Thanh to Hai Van- Tuy Loan to Hai Van- Tuy Loan private siding: The route is oriented as Northeast- Southwest, from Km2 +715.01 (the initial point) to Km6 +00 (the last point), go through the Hai Van- Tuy Loan and connected to the principal arterial of information technology area. Total route length is 3.3 km. Southern Ring Road: The initial point: KO +00 at the intersection of Southern Ring road - Highway 1A-Hoa Quy (Km939 +563.6 1A). The route follows the West- Southwest, after then turns right around 48° to the West - Northwest, crossing Qua Giang River at KmO +850. The route passes through the railway - the junction with the Provincial Road 605 at Km3 +190, then go to the West, across the Tay Tinh River at Km5 +310, crossing the Danang-Quang Ngai Expressway at about Km5 +900 as in proposal, cross the river Yen at Km6 +220. From there, the route continues to turn right according to West- Northwest direction to the end point of route at the intersection with Highway 14B, at the initial point of Provincial Road 604 at Km25 +483.51 QL14B also at Km1273 Ho Chi Minh road in Bo Ban 1 village, Hoa Phong commune, at the North of the Administrative Center of Hoa Vang District, Da Nang city. Its length is 7.98 km. T\ A 1\.T A 1\.T~ 1 TDD A 1\.T T'D A 1\.TC'Df'IDT' T"\1:'"\TT:'T f'IDliAL:li.TT' DDf'ITT:'f""'T' 2. MITIGATION MEASURES 2.1 OBJECTIVES The first principle of WB' s resettlement guideline is to avoid or mitigate impacts on resettlement and land acquisition. In case it is not feasible to avoid such resettlement, mitigation methods and/or reasonable compensation should be applied for DPs. As unified in the implementation principles of SCDP Project, the resettlement and land acquisition should be minimized. The Consultant Unit which provides Assessment Reports of Environmental and Social Impacts (Infra-Thanglong) co-odinated closely with SKM compnay and the PMU and other stakeholders. Many efforts have been made to minimize impacts on land acquisition right at the stage of project design and completion of the investment report; therefore, the impact scale on resettlement is minimized to the lowest level. Land acquisition impacts are unavoidable due to the need of land acquisition for the construction of the extended Nguyen Tat Thanh road (in Hoa Lien commune, Hoa Yang district) and Hoa Phuoc- Hoa Khuong road (passing through Hao Chau, Hoa Tien, Hoa Khuong, Hoa Phong roads in Hoa Yang District) and the rehabilitation and construction of the drainage systems in urban districts together with BRT stations. Wide-range consultations between the resettlement consultant (Infra-Thanglong) and local authorities, community- based organizations and especially households, who may be affected by the project, were organized to minimize resettlement impacts. The agreed instruction principles are attempts to finalize optimal options and solutions to avoid moving residents from their existing shelters 2.2 MITIGATION MEASURES In the project design process, the Resettlement Consultant (Infra-Thanglong) closely coordinated with the technical team of SKM Consultant in an effort of project impact mitigation. Thereby, the plan of building culverts under the existing roads will not affect households and has no permanent land acquisition. Households will be temporarily affected during the construction period. Regarding the construction works of extended Nguyen Tat Thanh road and Hoa Phuoc - Hoa Khuong road, rebuilding and rehabilitation of ditches in city districts and BRT stations and terminals, some cases of affected houses are inevitably, regardless of many mitigation measures (such as designing route direction, building culverts on the existing canals and using public land fund). Therefore, in order to minimize impacts on these families, including those whose houses are partly or indirectly affected during the construction, the Resettlement Consultant proposes the following mitigation measures: 1. Firstly, the first action of project impact mitigation is to help households get information locations and benefits ofthe project as well as estimated impacts in order to establish together a suitable policy framework for minimizing impacts. On the other hand, if households are provided with full information in this stage, they will have spiritual and physical preparation for expected project impacts. The resettlement consultant carried out a community consultancy in the whole project area to publicize (i) project information and (ii) expected impacts as well as land acquisition and resettlement compensation methods. In the consultancy meetings, many opinions were exchanged. In general, people supported the Project and hoped that it will be soon accomplished to solve the flooding situation in the area. 2. Secondly, for the Component of strategic traffic route, this component will affect many households. Therefore, during the route identification and preliminary design, an appropriate technical plan has been proposed to avoid residential areas. Avoiding DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT impacts are the most feasible measures to minimize the project negative impacts effectively and solve the root of adverse effects. In case of inevitable negative effects on property, adequate compensation policy and compensation value guarantying restoration of the damages at least will be given in consistent with the project RPF. Besides, the routes also affect the irrigation system, local roads; which can cause temporary flood to some residential areas. Consequently, many mitigation measures are provided right at the predesign (intersections, work scale which meet local needs, method to prevent agricultural waste, straw which blocked the culvert); The newly formed low-lying areas also provide research appropriate drainage solutions. Trough areas are surveyed for appropriate mitigation measures. 3. Thirdly, for the box culverts- most box culverts have been studied and set up in the middle of the road to minimize direct impacts to households living on both roadsides such as the construction of box-culverts in Hoa Minh - Hoa An residential area of Lien Chieu district. Accordingly, remaining impacts after the application of mitigation methods are only temporary impacts in the construction process, especially on the access to business facilities of households living on two roadsides. In addition, as a result of the expected dimensions ofbox culverts in the project area, the land acquisition for these culverts ranges from 2.5-4.0m while road width ranges from 6- 6.5m. However, in order to minimize impacts on households living along the roadsides, the resettlement consultant conducted consultancy meetings with households living in these wards to get their supports on the construction process. Some temporary impacts (on traffic, business, etc.) will be minimized by the Contractor, in a close cooperation with the community, based on (i) notifying the Contractor's construction plan so that residents can make necessary and suitable arrangements; (ii) the construction activities should finished one by one with fencing/excavation section by section to minimize affects on traffic and business activities of households. 4. Fourthly, some cases are close to the natural drainage ditches, which will cause unavoidable negative impacts on assets due to the expansion of drainage channels. Some households at the end point of BRT and some sections of the component of strategic traffic route will also cause unavoidable adverse impacts on assets due to land acquisition. Appropriate compensation and compensation value which ensure least the restoration ofloss will be provided according to policies in project's RPF. 5. Fifthly, during the construction, there will be some negative impacts on lives in the project area such as house rehabilitation for partly affected households. Technical team was consulted to provide a number of mitigation measures such as defined construction progresses, definite completion of each construction section. With the materials generated in the dismantling of the structures, it is proposed that contractors have to clean up and move the material out of the area. 6. Finally, the resettlement consultant held many meetings with the technical group to determine locations of drainage alignment, location of local roads, design measures. At the same time, criteria of impact mitigation during the construction such as working safety plans will be established (in case the construction location is near residential areas), proper arrangement of materials and instruments (project sign boards, making partitions with residential areas, etc.) are made, and construction schedule for temporary impact mitigation is prepared. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT In the next phase, research on mitigation measures should be continued to propose solutions for negative impacts on society and culture such as the penetration of social evils, increasing traffic accidents after the project completion ... There will be specific action plans and clear implementation mechanisms(if any through the Consultancy and construction monitoring contracts) to ensure awareness raising or at least retain people's accessibility to the existing systems and enhance benefit capacity from the project to local people. In terms of new component- BRT where the local people and government don't have any experience, the communication campaign should be conducted for awareness raising and safety measure comprehensiveness. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT 3. LAND ACQUISITION AND RESETTLEMENT 3.1 LAND ACQUISITION SCOPE As specified in the technical design, SCDP Project will be designed and constructed in 16 wards of 06 districts, Lien Chieu, Cam Le, Hai Chau, Thanh Khe and Ngu Hanh Son and Hoa V ang districts. Major features of the impacts of land acquisition in the project districts are as follows: 3.1.1 Overview of Project Impacts According to the preliminary design, the most important social impacts of the Project are as follows: Table 2: Summary of Project Affected Persons Main impacts Unit Affected quantity 1. Affected households: households 2798 Household members Persons 11752 In which: + Households whose residential lands are households 1001 affected + Households whose agricultural lands are households 1694 affected + Other land (People's Committee manage) households 16 (People's Committee) + Households whose houses are affected households 730 2. Affected area Of which: + residential land m2 192.308 + agricultural land m2 622.843,28 + other land (public land) m2 78.757 + affected house area m2 29.470 3. Number of households to relocate, households 730 resettle from their residential land 4. Number of households whose households 1694 agricultural land is seriously affected (more than 20%) DPs will be fully compensated and assisted in accordance with RPF agreed between the Vietnamese Government and World Bank. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT 3.1.2 Affected Area Based on the preliminary design, the project is implemented in 2 phases. This report show the project impacts in project, including 16 wards of 06 districts o Ngu Hanh Son district: Hoa Quy, My An, Khue My wards and Hoa Hai ward o Cam Le district: Hoa An ward o Lien Chieu district: Hoa Minh ward and Hoa Khanh Nam, Hoa Khanh Bac ward o Thanh Khe district: Chinh Gian and Thac Gian ward o Hoa Vang district: Hoa Chau, Hoa Tien, Hoa Lien and Hoa Phong commune. In addition to the mentioned direct affects, the project also cause temporary impacts to over 50 households living along the routes and along the existing canals/ditches ... in the construction process. These impacts primarily prevent households from accessing their business facilities when the Project is under construction, where the road is closed and the traffic is cramped 3.2 INVENTORY OF LOSS Based on the technical design, the Project works may affect 16 wards in seven districts, in which the impact area is divided main categories following, details of impacts are shown in the table below: 3.2.1 Impacts of Residential Land Acquisition As stated, thanks to the approach of land acquisition and resettlement mitigation in the project design stage, the number of resettled households is minimized. However, there are many households residing in the site clearance area, in which 730 households are resettled, namely Table 3: Table of Residential Land Impacts Households whose Affected residential lands are area District Project component affected (Households) (m2) Partly Fully ( mz) Total affected affected Component 1: Environment Improvement I. Regulation pond 0 0 0 0 II. Drainage system 116 131 247 5909.9 Lien Chieu District Hoa Minh ward 45 0 45 198 HoaAn ward 35 54 89 3624.5 Cam Le District HoaAn ward 24 45 69 2034.6 Ngu Hanh Son District HoaHai ward 12 32 44 52.8 III. Waste water collection 0 0 0 0 TOTAL 116 131 247 5909.9 I I I Component 2 : BRT Lien Chieu District Hoa Khanh Bac ward Starting point 0 7 7 879.8 HoaQuyward Ending point 0 21 21 2578.9 TOTAL 0 28 28 3458.7 Component 3 : Strategic Urban Roads Hoa Vang District Nguyen Tat Thanh extending Hoa Lien commune 50 149 199 10632.3 road Hoa Phong commune 50 15 65 14567.8 Hoa Phuoc commune 50 53 103 46738.9 Hoa Phuoc - Hoa Khuong road Hoa Chau commune 38 57 95 49874.3 Hoa Tien commune 70 25 95 21925.9 TOTAL 258 299 557 143739.2 Resettlement area 0 272 272 19200 TOTAL 0 272 272 19200 Note: Partially means that remaining (non-affected area still enough for reconstruction for house); fully affected including the plot which fully acquired or not fully need but the remaining area (outside of the project area) is not enough to reconstruct for their affected house. 3.2.2 Affected Agricultural Land This is the main impact of the project. Total 1694 households are affected with agricultural land. Total project affected area is 622.843,28 m2 Table 4: Table of Agricultural Land Impacts Affected Households whose area agricultural lands are (m2) District Project component affected Partly Fully Total affected affected Component 1: Environment Improvement I. Regulation pond 145 145 5679 - Lien Chieu District 0 0 0 0 Hoa Khanh Bac ward 0 145 145 5679 Lien Chieu District Hoa Hiep Nam ward 0 0 0 0 II. Drainage water 0 50 50 2567.9 Lien Chieu District Hoa Minh ward 0 50 50 2567.9 III. Wastewater collection 0 68 68 10111.4 Lien Chieu District Hoa Minh ward 0 6 6 1300.5 Hoa Khanh Bac ward 0 6 6 2025 Ngu Hanh Son District Hoa Hai ward 0 23 23 2956.3 HoaQuyward 0 14 14 1567.8 Cam Le District - Hoa 0 19 19 2261.8 Xuan ward TOTAL 0 263 263 18358.3 Component 2 : BRT TOTAL 0 0 0 0 Component 3: Strategic Urban Roads Hoa Vang District Extended Nguyen Tat Thanh Hoa Lien commune 0 74 74 road 245,845 Hoa Phong commune 0 168 168 65,396 Hoa Phuoc commune 0 106 106 Hoa Phuoc - Hoa Khuong 45,353 road Hoa Chau commune 0 100 100 32,456 Hoa Tien commune 0 93 93 14,846 TOTAL 0 541 541 403,896 Resettlement area I L 0 j 890 890 200589 TOTAL I 0 I 890 890 200,589 The table shows that the affected volume of agricultural land for the entire project concentrates in Lien Chieu and Ngu Hanh Son ward and Hoa Vang district, where there is the construction of extended Nguyen Tat Thanh and Hoa Phuoc - Hoa Khuong road. Households living here are suburban residents and their income is primarily from cultivation, so the land acquisition will cause certain impacts on their livelihoods and income sources. Thus, in addition to the compensation and assistance following the requirements of the approved Policy Framework, such life recovery programs as vocational training, vocational guiding and loans for business and production should be studied to assist households' early adaptability with the new living environment and to improve their income. 3.2.3 Affected residential housing Same as the impacts on residential land, project impacts on houses and architectural objects are much, mainly on DPs living along the Nguyen Tat Thanh and Hoa Phuoc- Hoa Khuong road; the ending point of BRT and DPs living along the drainage culverts. The details of impacts on houses and architectural objects are shown below Table 5: Table of House Impacts Households whose Affected residential lands are area affected District Project component (m2) (Households) Partly Fully ( m2) Total affected affected Component 1: Environment Improvement I. Regulation pond 0 0 0 0 II. Drainage system 116 131 247 5909.9 Lien Chieu District Hoa Minh ward 45 0 45 198 HoaAn ward 35 54 89 3624.5 Cam Le District HoaAn ward 24 45 69 2034.6 Ngu Hanh Son District HoaHai ward 12 32 44 52.8 III. Waste water collection 0 0 0 0 TOTAL 116 131 247 5909.9 Component 2 : BRT Lien Chieu District Hoa Khanh Bac ward Starting point 0 7 7 879.8 HoaQuyward Ending point 0 21 21 2578.9 TOTAL 0 28 28 3458.7 Component 3 : Strategic Urban Roads Hoa Vang District Nguyen Tat Thanh extending Hoa Lien commune 50 149 199 10632.3 road Hoa Phong commune 50 15 65 14567.8 Hoa Phuoc commune 50 53 103 46738.9 Hoa Phuoc - Hoa K.huong road Hoa Chau commune 38 57 95 49874.3 Hoa Tien commune 70 25 95 21925.9 TOTAL 258 299 557 143739.2 Resettlement area 0 272 272 19200 TOTAL 0 272 272 19200 RESETTLEMENT PLAN 3.2.4 Impacts on Architectural Objects Impacts on architectural objects including auxiliary works, yards and walls ... are what the households live along the existing culverts/canals/roads have and their yards/ walls are close to the ROW of canals and culverts and roads. Therefore, when the improvement options of roads are established, such area of yards and walls must be acquired for widening the roads. Table 6: Summary of Impacts on Architectural Objects Affected architectures Yard, No District Project component Kitchen Latrine Wall gate Gate (m2) (m) (m) way (each) (m2 Component 1: Environment Improvement 157.6 197 419 111.8 215 I. Regulation pond 0 0 0 0 0 II. Drainage water 157.6 197 419 111.8 215 Hoa Minh ward 44 24.4 123 6 45 Lien Chieu Distric Hoa Minh ward 0 0 0 0 0 HoaAn ward 30.4 13.2 56 34 89 Cam Le District HoaAn ward 24.3 83 142 56 69 Ngu Hanh Son District HoaHai ward 58.9 76.4 98 15.8 12 III. Wastewater collection 0 0 0 0 0 Component2 86.2 57.7 62.5 59 28 Lien Chieu District Hoa Khanh Bac ward Starting point 32 14 16.8 14 7 Hoa Quyward Ending point 54.2 43.7 45.7 45 21 Component3 220.00 246 1578 1439.6 557 Hoa Vang District Nguyen Tat Thanh Hoa Lien commune 86 89 561 563.6 199 extending road Hoa Phong commune 36.08 32.45 53.25 45.86 19 Hoa Phuoc commune Hoa Phuoc - Hoa 36.48 43.48 276.88 238.49 97 Hoa Chau commune Khuongroad 32.90 23.89 303.50 261.42 107 Hoa Tien commune 28.54 57.18 383.37 330.22 135 TOTAL 463.80 500.70 2059.50 1610.4 800 3.2.5 Impacts on Trees and Farming Products In SCDP Project, there are many cases are affected with plants because the project mainly locates in the many districts. A few routes affect industrial plants and ornamental plants ... but the affected volume is not significantly. nA NANG TTRRAN TRAN<;;:PORT nFVFTOPMFNTPROTJWT RESETTLEMENT PLAN Table 7: Summary of Impacts on Architectural Objects Affected Trees and Farming Products Group 1 Group 2 Group 5 Project (longan, (grapefruit, Group 3 Group 7 Group No District Group 4 (industrial component (ornamental (bamboo, 6 jack orange, (bananas, plants, plants like (timber cajuput coconut, guava and papayas) pineapple, peach, tea) trees) ... ) mango) apple) sugarcane) Component 1 1: 117 278 109 55 Environment Improvement Component 2 2:BRT Component 3 3: Strategic 245 100 145 150 220 Urban Roads TOTAL 3.2.6 Impacts on Other Works 1 In Nguyen Tat Thanh and Hoa Phuoc - Hoa Khuong route, the project affects a cemetery where an estimate of 382 graves will be moved for the project construction (in which there are 250 graves requiring relocation for the construction of Nguyen Tat Thanh extending and 132 graves requiring relocation for the construction of Hoa Phuoc - Hoa Khuong road). According to the discussions with local authorities, due to the large affected volume of graves, the planning of the graveyard should be consulted with the superior authorities (district or city level), but the current plan is to move the graves into cemetery of the city Besides, no local cultural, religious works are affected by the Project 1 Note: The list of public utilities (electric poles, lighting poles) and underground utilities (such as water supply pipes/ drainage pipes, communication cables, etc.) which should be relocated for the project implementation will not be included in this report. DAN ANG TTRRA N TR AN"P()RT DFVFT .OPMFNT PR()JFC'T RESETTLEMENT PLAN 4. SOCIOECONOMIC CONDITIONS 4.1 OVERVIEW OF PROJECT SOCIO-ECONOMIC SITUATION Da Nang city is located strategically in the central Vietnam. Da Nang borders Thua Thien- Hue Province in the north, Quang Nam Province in the south and the west, and the Eastern Sea in the east. It has the distance of 759km from Hanoi and 964km from Ho Chi Minh City. Da Nang is considered as one of the important gateways of the central Vietnam in terms of railways, waterways and traffic roads (Highway IA, 14B) together with international mrways. The total area of Da Nang city is about 1.283 km2 in which, the inner city with the area of 241.51 km2 has 06 districts including Hai Chau and Thanh Khe, Son Tra and Ngu Hanh Son, Lien Chieu and Cam Le and 02 suburban districts including Hoa Van and Hoang Sa. The total population of the city in 2010 is 951.929 people, in which the population in the inner city is 829.435 people (accounting for 87%) and that in the suburban zone is 122.494 (accounting for 13%). The number of labor employed in the city in 2010 was 4620,979 people. In particular, the number of technical workers was 37,914 people; that of qualified employees was 26,039 people who were graduated from high schools, colleges and universities and the number of others was 315,528 people. The labor structure is divided as follows: Agriculture, forestry and fisheries: 38,830 employees accounted for 8.6% Industry and construction : 130,929 workers accounted for 29.7% Services : 223,838 accounted for 50.8% Others :10.9%. Da Nang in recent years has developed the infrastructure and service system quite powerfully. The traffic system of the city is furnished with not only traffic roads but also international airports, sea ports and the national railway. Network traffic in and out of the city is constantly being expanded and upgraded. Many large projects under operation or in the process of completion as Nguyen Tat Thanh, Dien Bien Phu, Ngo Quyen, Bach Dang, Son Tra- Dien Ngoc road, Hai Van tunnel, Han river Bridge, Tuyen Son and Thuan Phuoc bridge create favorable conditions for transportation and tourist development but also creates landscape and change the basic appearance of the most bustling urban center in the Central Vietnam. The economic structure focuses on service - industry - agriculture development. The proportion of service sector in GDP in 2010 reached 52.98%, industry- construction reached 43.84% and agriculture reached 3.18%. Da Nang is one of the largest education and training centers of the Central Region and Tay Nguyen Highland and the whole country. Currently, the city has 14 universities, institutes, 18 colleges and 50 professional schools, vocational training centers and more than 200 schools from preschool to higher schools. Danang has 19 general hospitals and specialized clinics, 11 hospitals and health centers of districts, 47 commune health centers and over 1,000 private clinics. With the establishment of the University of Medicine and Pharmacy and the University of Technical Health in the city, Da Nang aims to become a major medical center of the Central and Highland region and the whole country. Providing human resources and high quality health services serve socio-economic development of the country. RESETTLEMENT PLAN 4.2 Socio-Economic Conditions of Affected Households (AHs) Data on socio-economic situation of the AHs due to the project is collected based on survey results through questionnaire interview for 843 households (HHs) and focus interviews with nearly 50 representatives from households, ward/commune and village staff (including both men and women) and 24 public consultations and group discussions. The selection of HH sample for socio-economic survey is based on the results of inventory losses (IOL) and severely AHs due to the loss of agricultural land, loss of residential land and HHs doing businesses .. The formal and informal meetings and group discussions with local authorities and other stakeholders were held during the implementation of socio-economic survey. The number of surveyed households through questionnaire survey is listed in the following table: Table 8: Socio-economic survey scale No. Project area Household number HoaAn 48 21 3 Hoa Hai 12 4 HoaKhanh 70 5 Hoa Khanb Bac 93 6 HoaChau 97 111 8 Hoa Tien 107 9 ... . . !i?.!'l._!'.h_~_fl.g - 82 10 HoaPhuoc 102 11 HoaMinh 80 12 BinhHien 20 Total 843 The demographic characteristics of Aps According the survey sample of 500 HHs living in the project area, all of APs is Kinh (Vietnamese) people. The survey did not recognize any presence of ethnic minority people in the project area. Average number of people in a HH was 4.2 members and the percentage of men was 49.3% and 50.7% was female. Education In terms of household headers, most of them were qualified with upper high school. Among them, the people with high school qualification accounted for the highest proportion of 52%; DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN followed by intermediate level, college and university level (accounting for 30%). The rate of APs with secondary qualification occupied the lowest rate (18% ). There was no case of illiteracy. Table 9: Education level of Household headers 1.2.1 Main income sources and income level ofAHs Income sources Table 10: Income sources are divided according to communes/wards(%) Staff in Teachers Ward/Comm Agricult Aquic Hired Governm , TT Trade Driver Other Total une ure ulture labor ental health car offices e officers 1 HoaMinh 23 2 14 9 19 2 4 7 80 % 28.8 2.5 17.5 11.2 23.8 2.5 5.0 8.8 100.0 HoaKhanh 24 1 12 7 16 2 3 5 70 2 Nam % 34.3 1.4 17.1 10.0 22.9 2.9 4.3 7.1 100.0 HoaKhanh 32 1 15 7 25 4 2 7 93 3 Bac % 34.4 1.1 16.1 7.5 26.9 4.3 2.2 7.5 100.0 4 HoaLien 30 2 19 11 30 6 5 8 Ill % 27.0 1.8 17.1 9.9 27.0 5.4 4.5 7.2 100.0 5 Hoa Chau 32 2 16 10 25 2 4 6 97 % 33.0 2.1 16.5 10.3 25.8 2.1 4.1 6.2 100.0 6 HoaHai 6 0 1 1 3 1 0 0 12 % 50.0 .0 8.3 8.3 25.0 8.3 .0 .0 100.0 7 HoaAn 18 I 8 3 12 1 1 4 48 % 37.5 2.1 16.7 6.2 25.0 2.1 2.1 8.3 100.0 8 HoaQuy 3 1 3 4 4 1 2 3 21 % 14.3 4.8 14.3 19.0 19.0 4.8 9.5 14.3 100.0 9 HoaPhong 31 2 15 8 15 2 3 6 82 % 37.8 2.4 18.3 9.8 18.3 2.4 3.7 7.3 100.0 10 Hoa Tien 33 4 17 12 27 2 5 7 107 % 30.8 3.7 15.9 11.2 25.2 1.9 4.7 6.5 100.0 11 BinhHien 5 0 3 2 7 1 0 2 20 % 25.0 .0 15.0 10.0 35.0 5.0 .0 10.0 100.0 12 HoaPhuoc 26 4 19 12 25 4 5 7 102 % 25.5 3.9 18.6 11.8 24.5 3.9 4.9 6.9 100.0 Total 263 20 142 86 208 28 34 62 843 % 31.2 2.4 16.8 10.2 24.7 3.3 4.0 7.4 100.0 DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN AHs have income sources from various from various sectors such as agriculture and from fisheries, trade, employment, driving and salary. However, income sources are divided according to locations. In communes in Hoa Yang district, such as Hoa Tien, Hoa Lien, Hoa Chau, Hoa Phong and Phuoc Hoa, household income source was mainly from agricultural activities which accounted for the highest rate while those in Southern Hoa Khanh, Northern Hoa Khanh, Quang Tho, Hoa An ward; households had income source mainly from employment. Details of income source are described in the below table: Survey results also showed that, except for households in which both spouses were working in state agencies, most households have at least two or more different sources of income. For agricultural HHs, the majority of additional income sources could be from employment or state agencies; other households had revenues from small businesses, combined with employment and other payment sources. Many HHs had 03-04 income sources. Through group discussion and public consultation, the household income source has experienced the transformation of agricultural into non-agricultural sources. Number of laborers in the agricultural sector has also decreased, mainly in the age group from 45 to 55. The laborers in under 45 age group mainly work in non-agricultural sector. Income level According to survey results, the income levels of AHs mainly belong to the group of more than 70 million VND I household I year (61 ,3 %), in particular, each household has average income of 1.4 million/month. Next was the percentage of households with income level of about 35-70 million I year (up to 31.9%). Particularly, average income ranges from 700,000 VND to 1, 4 million VNDiperson/month. Households with incomes below 35 million I household I year accounted for lowest proportion (6.8%). Graph 1: Income level ofHHs (%) 6.80% 11 OU'o·i 35 trieua6ng 11 35 - 70 trieu a6ng Tren 70 trieu a6ng In survey area, there is no great difference of income of agricultural and non-agricultural ward I commune of income from agricultural activities and ward I commune farm (see detail in chart 2). This is due to the transformation into non-agricultural income sources which has mainly taken place in Da Nang. Agricultural households do not depend on only a single source of income but they have income from various activities. Among them, agriculture is only one part of the income structure ofthe whole family. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN mcome accord. h an d Ta ble 11 : HH. G rap I . t I OCaf IOnS mg t o proJec Below 35 35-70 million More than 70 No Ward/Commune Total million VND VND million VND I HoaMinh 21 52 80 8.8% 26.2% 65.0% 100.0% 2 Hoa Khanh Nam I 21 48 70 1.4% 30.0% 68.6% 100.0% 3 Hoa Khanh Bac 10 22 61 93 10.8% 23.7% 65.6% 100.0% 4 Hoa Lien 3 35 73 Ill 2.7% 31.5% 65.8% 100.0% 5 HoaChau 8 22 67 97 8.2% 22.7% 69.1% 100.0% 6 HoaHai 0 7 5 12 .0% 58.3% 41.7% 100.0% 7 HoaAn 5 14 29 48 10.4% 29.2% 60.4% 100.0% 8 HoaQuy I 6 14 21 4.8% 28.6% 66.7% 100.0% 9 Hoa Phong 11 18 53 82 13.4% 22.0% 64.6% 100.0% 10 Hoa Tien 4 18 85 107 3.7% 16.8% 79.4% 100.0% 11 Binh Hien 2 2 16 20 10.0% 10.0% 80.0% 100.0% 12 Hoa Phuoc 5 83 14 102 4.9% 81.4% 13.7% 100.0% Total 57 269 517 843 0 /o 6.8% 31.9% 61.3% 100.0% S$9 90,0 80,0 70,0 60,0 50,0 40,0 • Duoi 35 tri~u <16ng 30,0 1113~-"'0tri¢u 20,0 Tren "70 tri¢u 10,0 4.2.4. Expenditure According to survey results, the expenditure of households focused on the range of over 70 million VND I household I year, accounting for 60.3%. Next was the HH group which has the spending rate of 35-70 million VND I household I year (accounting for 28.4%). Spending level below 35 million VND I household I year accounted for lowest percentage (to 12.3%). DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN Graph 3: Household Expenditure 800/o 700/o 60% 500/o 40% •Kha 300/o •Trung blnh 20% 10% Ngheo 0% 4.2.5. Employment The main employment of AHs in the project area includes agriculture, business, industry, government officials, professional workers, hired labor etc; which can be divided in 02 main groups including agricultural and non-agricultural income source. The survey with 843 households showed that the hired labor accounted for highest proportion (about 24.6%). The second highest proportion is households with agricultural income source (more than 23,8%). Households with income source from small business accounted for 16,6%. The unemployment rate was only less than 1%; which focused on the youth without vocational training. Table 12: Household income source Hired State Teachers, Retired, Agriculture Aquaculture Trading Driving Unemployed Total labor agencies healthcare homemaker 1 Hoa Minh 19 2 13 7 21 11 4 1 2 80 23.8% 2.5% 16.2% 8.8% 26.2% 13.8% 5.0% 1.2% 2.5% 100.0% Hoa Khanh 22 1 13 7 15 4 3 1 4 70 2 Nam 31.4% 1.4% 18.6% 10.0% 21.4% 5.7% 4.3% 1.4% 5.7% 100.0% Hoa Khanh 13 1 15 5 22 33 2 0 2 93 3 Bac 14.0% 1.1% 16.1% 5.4% 23.7% 35.5% 2.2% .0% 2.2% 100.0% 4 Hoa Lien 38 2 18 11 25 4 5 1 7 111 34.2% 1.8% 16.2% 9.9% 22.5% 3.6% 4.5% .9% 6.3% 100.0% 5 Hoa Chau 29 1 16 7 24 11 4 0 5 97 29.9% 1.0% 16.5% 7.2% 24.7% 11.3% 4.1% .0% 5.2% 100.0% 6 Hoa Hai 0 0 1 1 7 3 0 0 0 12 .0% .0% 8.3% 8.3% 58.3% 25.0% .0% .0% .0% 100.0% 7 HoaAn 1 2 8 4 17 11 2 0 3 48 2.1% 4.2% 16.7% 8.3% 35.4% 22.9% 4.2% .0% 6.2% 100.0% 8 Hoa Quy 1 1 3 4 3 5 3 0 1 21 4.8% 4.8% 14.3% 19.0% 14.3% 23.8% 14.3% .0% 4.8% 100.0% 9 Hoa Phong 21 1 15 7 15 17 2 0 4 82 DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN 25.6% 1.2% 18.3% 8.5% 18.3% 20.7% 2.4% .0% 4.9% 100.0% 10 Hoa Tien 30 4 17 12 27 7 5 0 5 107 28.0% 3.7% 15.9% 11.2% 25.2% 6.5% 4.7% .0% 4.7% 100.0% 11 Binh Hien 1 0 2 2 7 6 0 0 2 20 5.0% .0% 10.0% 10.0% 35.0% 30.0% .0% .0% 10.0% 100.0% 12 Hoa Phuoc 26 0 19 12 24 9 5 0 7 102 25.5% .0% 18.6% 11.8% 23.5% 8.8% 4.9% .0% 6.9% 100.0% Total 201 15 140 79 207 121 35 3 42 843 23.8% 1.8% 16.6% 9.4% 24.6% 14.4% 4.2% 0.4% 5.0% 100.0% Households involved in farming are mainly located in communes of Hoa Vang and Lien Chieu District such as: Hoa Lien Hoa Chau, Hoa Tien, Hoa Phong and Hoa Phuoc. Direct survey and interview people in the commune also shows that the cultivated area owned by local people was still available however cultivation is not only source of people's income. Number of households with income source form are evenly distributed in the survey area, which includes staff in state agencies, workers in factories around the city or in service sector. Number of household with income source from trading mainly have business places at markets or tourist areas. 4.2.6. Living standards and family facilities Living standard: According to Decision No.09/2011/QD-TTg, the poverty line for the urban area is 500.000 VND/person/month (or from less than 06 million VND/person/year). A near- poverty line in urban areas will have average income from 501.000 VND to 650.000 VND/person/month. According to this standard, among 843 surveyed households, there are 54 poor households (accounting for 6, 4%). There is no household who is particular poor and starveling. There are 283 prosperous households (accounting for 33, 8%). There are 504 households who have average living standard (accounting for 60%). Facilities in the family: According the survey result, the HH facilities are rather sufficient and modem. Most of facilities include furniture, color TV, motorbikes, telephones, refrigerators, air conditioners, and cars etc. Details are described in the following table Table 13: Facilities of affected households Furniture 59.4 Refrigerator 73.2 Motorbike 99.9 Washing machine 71.8 Bicycle 85.7 Air Conditioner 51.4 Color TV 100 Car 1.8 Housing conditions Survey results show that the rate of permanent housing accounted for 75.6%, followed by the semi-permanent housing with the rate of 24.4%. There was no Ahs living in temporary housing. The average area of household housing was about 60-80 m2/HH with the highest proportion of 38.7%, followed by the percentage of houses with area of 80 m2/HH, accounting for 28.9% and housing area less than 60m2 accounted for lowest proportion with DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN only 16.6%. Most of the houses were self-constructed by the HHs (accounting for 45.6%), followed by the inherited houses (25.1 %) and rate of rented HHs accounted for only 0.8%. 4.2. 7 Housing and landowner Most houses of the surveyed households are permanent (one or two stories), accounting for 59.8%; followed by the percentage of semi-permanent houses (houses, tiles or concreted roof -the level 4 house) accounting for 0.2%. There is no thatched household. The average housing area of the households ranges from 60 to 80 m2/household accounting for the highest proportion with 38.7%; followed by the proportion of houses with area of more than 80m2/household, accounting for 28.9%. The area less than 60 m2 accounts for lowest percentage only 16.6%. Table 14: House types of displaced people House type Total No. Ward Permanent Semi-permanent 1 HoaMinh 52 28 80 65.0% 35.0% 100.0% 2 Hoa Khanh Nam 39 31 70 55.7% 44.3% 100.0% 3 Hoa Khanh Bac 61 32 93 65.6% 34.4% 100.0% 4 HoaLien 71 40 111 64.0% 36.0% 100.0% 5 Hoa Chau 67 30 97 69.1% 30.9% 100.0% 6 HoaHai 5 7 12 41.7% 58.3% 100.0% 7 HoaAn 27 21 48 56.2% 43.8% 100.0% 8 HoaQuy 14 7 21 66.7% 33.3% 100.0% 9 HoaPhong 53 29 82 64.6% 35.4% 100.0% 10 Hoa Tien 85 22 107 79.4% 20.6% 100.0% 11 Binh Hien 16 4 20 80.0% 20.0% 100.0% 12 HoaPhuoc 14 88 102 13.7% 86.3% 100.0% Total 504 339 843 Houses are mainly constructed themselves; accounting for 45.6%, followed by is inherited houses with 25.1 %. The rent house accounts for only 0.8%. Through the field survey and public consultation with local governments, most of the houses are built on legal land with landuse certificate. Impermanent houses mainly belong to poor households and households living in areas at risk of clearance or relocation according to master plan. RESETTLEMENT PLAN Graph 4: House forms in the project area ( 0/o) 11111 Nha du·qc thu·a k~ 19.3 IIIII Nha dU'Q'C c§p rz Nha thue 9.2 IIIII Nha tt! xay cat m Nha mua According to project planning, project items are designed and built in various locations in Da Nang city. However, according to the survey results, agricultural land in this region has been cultivated stably for a long time under the landuse certificates. have cultivated stable for a long time. In recent years, the economic restructuring has experienced the transformation of agriculture into industry and services I small business; which contributes to economic changing in the project area. Therefore, requisition of agricultural land here will not negatively affect household livelihoods. 4.2.8 Utilities and services Electricity use: According to the survey, 100% of the surveyed households use state power grid with separate meters. Electricity consumption of an average household costs around 250,000 VND I household I month. Clean water: In the project area, there is no case of using water from ponds, rivers and lakes for residential activities. There are three main water sources of the households are tap water, water from dug and drilled wells. Households in Hoa Lien, Hoa Phuoc, Hoa Phong, Hoa Tien, and Hoa Chau mainly use water wells and dug wells. Most of wards within the city mainly use tap water. Toilet: 100% of households have sanitary toilets. Most of households have used toilets with septic tank, accounting for about 80% of households. Household using two - compartment toilets accounts for 20%. There is no case of using public toilets or no toilets Solid waste collection: Currently 100% of communes in the project area has solid waste collection system which has been being operated quite effectively with the frequency of 1-3 times /day. Environmental sanitation: People's assessment of pollution is represented that 86.7% of people said that their living area were slightly polluted. A number of households living around the lakes which have not been rehabilitated heavily are suffering the pollution. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN 4.2.9 Healthcare and Education conditions Healthcare: In the project area, many households a medical examination every six months or once a year. Most families are usually treated at city hospitals (49.8%) or buy medications themselves (31.4%). In addition, other health services such as district health centers, clinics and medical stations at wards are also popular to the local people. Besides, according to city general program, the health healthcare, population and family planning of wards have been implemented comprehensively. Education: Each ward or commune have preschools, a primary school and a secondary school. Most of communes and wards are 100% universalized primary and secondary education level. The rate of graduate education level is rather high. RESETTLEMENT PLAN 5. LEGAL FRAMEWORK AND ENTITLEMENT POLICY 5.1. Legal Framework Following Da Nang People's Committee guidelines for implementing the next steps and completing the RAP according to the current regulations, making basis for the project compensation and site clearance, the framework for preparing the RAP is based on the following legal documents: Policies of the Government ofVietnam applied in the RAP: o The Constitution of Vietnam promulgated in 1992 which confirms the citizen's right to own and protect their own house. o Land Law 2003 promulgated on November 26,2003. o Decree No.l81/2004/ND-CP, dated October 29, 2004, guiding the implementation of the amended Land Law 2003. o Decree No.l97/2004/ND-CP, dated December 3, 2004 on compensation, assistance and resettlement when the State recovers land. o Circular No.116/2004/TT-BTC, dated December 17, 2004, guiding the implementation of Decree No.l97/2004/ND-CP, dated December 3, 2004, on compensation, assistance and resettlement when the State recovers land. o Decree No.188/2004/ ND-CP, dated November 16, 2004, on methods of determining land prices and land price framework. o Circular No.114/2004/TT-BTC, dated November 16, 2004 guiding the implementation of Decree No.188/2004/ND-CP. o Decree No.l7/2006/ND-CP, dated January 27, 2006, on amending and supplementing some articles of the Decree guiding the implementation of the Land Law and Decree No.l87 /2004/ND on transferring state-owned companies into joint stock companies. o Decree No.84/2007/ND-CP, dated May 25, 2007, additional regulations on granting land-use rights certificates; land acquisition; implementing land-use rights; settling land claims; and orders and procedures for compensation and resettlement when the State recovers land. o Decree No.17 /2006/ND-CP dated 27th January 2006 of the Government on amendment and supplementation to a number of articles of the decrees guiding the implementation of the Land Law and Decree No.187 /2004/ND-CP on conversion of State-owned companies into joint-stock companies; o Decree No.123/2007/ND-CP, dated July 27, 2007, amending and supplementing some articles of Decree No.l88/2004/ND-CP, November 16, 2004, on methods of determining land prices and land price frames. o Government Decree 69/2009/ND-CP, dated August 13, 2009, regulating additional planning of land-use, land prices, land acquisition, compensation and resettlement assistance. o Circular No.06/2007/TT - BTNMT issued on 15th June 2007 by the Ministry of Natural Resources and Environment guiding the implementation of Government's Decree No.84/2007ND-CP issued on 25th May 2007 regarding additional regulations on granting land using certificate, land acquisition, implementation of land using, RESETTLEMENT PLAN procedures for compensation, assistance and resettlement when the State acquires land and settles complaints on land. o Circular No.l45/2007/TT-BTC dated 61h December 2007 guiding on the implementation of Government's Decree No.188/2004/ND-CP dated 16th November 2004 on methods of determining land prices and land price frame. o Circular No.l4/2009/TT-BTNMT on January 10, 2009 of the Ministry of Natural Resource and Environment, regulating detailed regulations on compensation, assistance and resettlement and procedures of land acquisition, land allocation and land lease Policies of Da Nang People's Committee: The current policies of Da Nang People's Committee on the compensation, assistance and resettlement when the state acquires land are expressed, which are references for the project land acquisition and compensation as follows: • New decision 44/2010/QD-UBND dated December 17, 2010 of Da Nang People's Committee on compensation, assistance and resettlement when the State acquires land in Da Nang city; • Decision 36/2009/QD-UBND dated December 24, 2009 of Da Nang People's Committee on compensation, assistance and resettlement when the State acquires land in Da Nang city. • Decision 50/2009/QD-UBND dated December 30, 2010 of Da Nang People's Committee on amending, adding some contents of Annex and compensation, assistance and resettlement when the State acquires land in Da Nang city, promulgate together with Decision 36/2009/QD-UBND dated December 24, 2009 of Da Nang People's Committee • New decision 35/2011/QD-UBND dated December 24, 20111 of Da Nang People's Committee on compensation, assistance and resettlement when the State acquires land in Da Nang city • Other concerned documents. Update of Compensation Policy This RP is submitted based on regulations of resettlement policy framework of the Project, regulations of Vietnam Government and guidelines of World Bank on Involuntary Resettlement Safeguard Policy. Besides, with the promulgation of Government's Decree 69/2009/ND-CP dated August 13, 2009 regulating the additional planning of land-use, land prices, land acquisition, compensation, assistance and resettlement, the Government's resettlement policies and legal framework have many contents appropriate to the principles of the World Bank's policies. The updated and supplemented policies are shown in Section 5.3: Entitlement policy. Main Gaps between VietNam and World Bank Policy There are a number of ways in which the approaches of the Vietnam Government - either in policy or practice - are compatible with the World Bank guidelines. The most important compatibilities are: • On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. Vietnam has a process whereby people without legal land rights may meet conditions of legalization and receive RESETTLEMENT PLAN compensation for losses up to a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993 (Article 42, 49 and 50 of 2003 Land Law) • Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two • Resettlement sites offer not only better improved infrastructure and services but represent a higher standard ofliving • Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal. • On the issue of land ownership and entitlement to compensation, the approach of Vietnam Government and World Bank is consistent. Government regulations allow occupied land without legal documentation can be legalized; this land can be compensated at 100% of the land but shall exclude taxes and fees for the application ofland use rights from 15/1011993. (In Article 42,49 and 50 ofthe Land Law 2003). • Compensation at replacement cost is ensured in Article 6 of Decree 197/2004/ND-CP dated December 3rd, 2004 that " ... people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is many differences in value, in case of compensation by new land or house, such difference shall be settled in cash" and Article 19 in the same Decree states that " ... house and structure of domestic use of household or individual shall be compensated with the value of construction of new house, structures of similar technical standard". However, with the promulgation of the 2003 Land Law and the adoption of Decrees No. 197/2004/ND-CP and No. 188/2004/ND-CP, Decree 17/2006/ND-CP, Decree 84/2007/ND- CP, and Decree 69/2009/ND-CP the policies and practices of the Government have become more consistent with WB's social safeguards policies. Nonetheless, provisions and principles which were adopted in the project will supersede the provisions of relevant decrees currently in force in VietNam wherever a gap exists, consistent with Decree No. 131/2006/ND-CP on ODA management. The main gaps between national policy and OP 4.12 on involuntary resettlement of the World Bank are as follows. • The 'significance' of impact is triggered by a loss of 30 per cent or more agricultural land in Decree 197 shall be supported for life stabilization, in the RPF the trigger is a loss of 20 per cent or more of productive land, also gets this support. • Houses and structures will not be compensated if they have been constructed without permission, constructed in contravention of a land use plan, or if they have encroached upon a demarcated safety protection corridor. However, based on resettlement framework, all houses and structures shall be compensated 100% of new construction values. • Decree 197 also supports businesses or economic entities or business households as only if they hold a business certificate. However, the resettlement framework supports business households without any business certificates • 69/20009/ND-CP Decree on Aug 13, 2009 issued by the Government on regulations of land use planning, land prices, land acquisition, compensation and resettlement assistance, Section 2 Article 17 stipulates that "Assistance for stabilizing life and production and support to job transformation and job exchange in case of agricultural land acquisition"; RESETTLEMENT PLAN • The requirements for consultation in the Land Law and Decree 197 are limited to "informing" DPs and seeking feedback from those affected while the resettlement framework requires direct and continuous consultations to affected households in order to meet their maximum expectation and correct requirements. 5.2 PRINCIPLES OF ENTITLEMENT AND COMPENSATION The objective of the WB policy on voluntary resettlement (OP 4.12) is to study all options to minimise or avoid involuntary resettlement. Where resettlement is inevitable, there must be a plan for compensation and support to restore living conditions of DPs to the same or better level as before the Project implementation. This policy is applied when land acquisition causes loss of residence and all or part of productive assets; or the loss of access to production and income-generating sources. Necessary measures to achieve the best resettlement results include: o Consultation with DPs on feasible measures for compensation and preparation of RAP o Proposal of options for DPs for resettlement and the restoration of their livelihood o Participation ofDPs in planning and selecting the options o Full compensation of replacement costs for damages caused by the Project o Resettlement locations should have the same necessary infrastructure and services as DPs' former residences o Providing allowances, support, vocational training and income support to facilitate the relocation and restoration of their livelihood. o Identification of and special assistance for vulnerable groups o Setting up an institutional and organisational structure to help the process of compensation and resettlement. Principles set out in WB policy 4.12 (OP/BP 4.12) have been applied in the resettlement plan including the following: (a) Minimize the impact of land acquisition on other assets and the resettlement of people. (b) All DPs who live, work, do business or farm in bridge and road right of ways at the time of the survey will be provided with full economic recovery measures to improve, or at least maintain, their living standard and ability to generate income at the same level as before the Project implementation. The lack of legal rights to affected properties will not preclude DPs from entitlement to economic recovery measures. (c) Rehabilitation measures including: (i) compensation at the replacement cost without considering depreciation or materials that may possibly be re-used to construct new houses and other structures; (ii) agricultural land will be compensated by cash at the replacement cost; (iii) residential land will be compensated by cash at the replacement cost; households and individuals whose land is acquired totally or the remaining area after being acquired is not enough to live, if there are demands, will be allocated for resettlement; iv) transportation costs, allowances, and support; and (v) any other necessary measures to assist the DPs in maintaining or raising their living standard and income at the same level as prior to the Project implementation. RESETTLEMENT PLAN (d) The replacement land for residential and agricultural land should be acceptable to the DPs and as close to the Project acquired land as possible. (e) Moving time for resettlement should be minimised and allowances and support for DPs must be made one month before the scheduled commencement date for the Project's work in each area. (f) Land acquisition, compensation and support should be planned with the participation of DPs to minimise disturbance. Benefits must be provided to DPs before the scheduled commencement of the work in each Project area. (g) The available public services must be maintained or improved. (h) Financial and material resources for resettlement should be prepared to meet any necessary demands. (i) Ensure the design, planning, consultation and implementation of the RAP is effective and on schedule. G) Conduct timely and effective monitoring and evaluation of the RAP . Those, who must change their residence or are affected by the Project are eligible for compensation as follows: a. Those who have legal rights to land or other assets; b. Those who currently have no legal rights to land or other assets but who have submitted declarations for legal land-use rights certificates according to the State regulations based on archives and documents such as invoices for land-tax payment, certificates of residence status, or permission for residence and use of the land affected by the Project from the local government; c. Those who have no legal rights or declarations for legal land-use certificates for the land on which they are living. Persons covered under (a) and (b) are compensated for their land and other affected assets at replacement cost and provided other assistance. Persons covered under (c) are given Resettlement Assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date determined in each RAP. Persons who encroach on the area after the cut-off date determined in each RAP are not entitled to compensation or any other form of resettlement assistance (though they may be entitled to some support stipulated in current policies) Valuation and compensation for losses: Methods used for the valuation of losses in Bank funded projects are based on replacement costs. For this project, the losses consist of damages to land, structures and other assets. The replacement cost of land includes the land value as defined in accordance with the prevalent market price plus the fee for obtaining a certificate of land use rights. For affected houses and other structures, the valuation is based on the market price of construction materials to build a replacement house of equal or better quality and area to that affected. For works partly or wholly affected by the project, the compensation usually includes the market price of building materials plus costs for transportation, labour and contractor fees, registration fees and transfer taxes. Asset depreciation and the value of materials that can be salvaged by DPs, are not deducted from the compensation. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN 5.2.3 Cut off date The date is officially approved and announced by the relevant authorities of the government and Da Nang authorities and the landmarks are made on the ground for the project components. Affected persons who move to the project area after the cut off date will not be entitled to receive compensation. 5.3 Entitlement Policy Those who are affected by the project will be entitled to the compensation policies (compensation and assistance) in compliance with the regulations of Vietnam and WB. Project affected persons will not be considered to receive the compensation or assistance when entering the project area after the publication of the cut-off date of the project. The Compensation and Resettlement Committee, for special cases (such as poor households, policy households) who are certified by local authorities, shall consider additional assistances case by case: The compensation policy of the project is as follows: 5.3.1 Compensation Policy for Residential Land Legal Residential Land Residential land of each family includes houses and structures serving for their living activities. The affected households will choose the mode of compensation and assistance for their affected land and structures as follows: (i) Land users, who are eligible for the compensation of acquired land (legal and legalized land) are entitled to the payments of compensation and assistance for their area acquired either by cash payments at replacement costs, or by respective land replacement areas acceptable for them with full rights. The structures affected by land acquisition will be compensated by replacement cost (excluding salvage material, depreciation). In case, a remaining area of land, after the land acquisition, is not large enough for building houses and structures, if APs choose the compensation of the whole land (including the remaining area), they will receive a respective area of land of the same value or receive cash for the lost land by 100% replacement cost. (ii) Land users, who are eligible for compensation for land acquisition (legal and legalized land), will be compensated at 100% of replacement cost. (iii) Land users, who are eligible for the compensation of acquired land (legal and legalized land) but such acquired land is in dispute, shall be compensated at 100% replacement cost only when their disputes are resolved. (iv) Land users, who are not eligible for the compensation, but who have been living in the project area since October 15th, 1993 to the project cut-off date and having no dispute on the land ownership, will be considered for the support in cash at 50% replacement cost. 5.3.2 Compensation and Assistance Policy for affected Houses and Structures as well as people whose structures are affected This case includes houses I buildings and other assets - regardless of the conditions of ownership and use will (i) be compensated for 100% replacement cost (excluding the DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN material advantage or depreciation, (ii) Rate of compensation is based on the actual affected area and is not based on the using area 5.3.3 Compensation and Assistance Policies for Agricultural Land Households using agricultural land are eligible for the compensation will give priority to the option of land by land. However, Da Nang CPC has no agricultural land fund for to allocate to HHs so the project can only compensate by cash at 100% replacement cost. The project will apply under the following circumstances: (i) If a required land is less than or equivalent to 20% of their total agricultural landholding and the remaining part of that land meets the household's minimum economic efficiency, the household will be compensated by cash equivalent at 100% replacement cost. (ii) If a required land is lost 20% or more of their total agricultural landholding and the remaining part of that land does not meet the household's minimum economic efficiency, the household will receive compensation by cash equivalent at 100% replacement cost and assistance to income restoration. Those who are not eligible to be compensated (or illegal) will be considered to compensate at the rate of 50% or 60% of the replacement cost. 5.3.4 Compensation Policy for Graves The compensation for displaced graves includes all costs for digging, moving, burying and others logical costs. The compensation cash will be paid to each affected household and new graveyard location will be consulted with DPs before relocating. The project will ensure that all religious rituals or costumes are respected and related costs paid 5.3.5 Compensation Policy for Equipment The household equipment (water tanks, electric meters ... ) is affected by the project will be compensated by 100% replacement cost at market prices which do not differentiate land use right and house ownership. 5.3.6 Compensation for Crops, Plants With regard to affected annual farm produces and perennial trees, cash compensation will be paid to DPs who are currently doing farming based on the market prices for farm produces and/or replacement costs for perennials. 5.3.7 Compensation for Temporary Effects in Construction Stage For temporarily affected land and properties on land, project affected households are entitled to: For residential/and to be temporally lost: (i) Compensation for all assets on affected land according to regulated price list; (ii) Restoring to the original condition or improving land quality. For cultivation land to be temporally affected: (i) Compensation for one harvest of crops/plants fully by market price. (ii) Indemnification for losses of income for the next crops during the time that land is occupied by the Project. (iii) Restoring land as the status quo or improving soil quality equal to or better than its original status before the project. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN For temporary impacts on business and production: (i) Compensation and assistance for the losses of income for production households, cooperatives of households, private enterprises in the project construction period. (ii) Compensation for all assets on affected land by replacement costs. Compensation for damages to household's works or public works caused by contractors during the construction The Contractors will diligently restore damaged structures as their original condition or better after the construction is finished. According to the terms and conditions of the construction contracts, Contractors are required to be diligent enough to avoid damaging people's properties during their construction. When damages occur, the contractors must compensate immediately for the right families, community groups, or state agencies under the applicable compensations to other properties damaged by the Project. Moreover, recovering damaged properties as their previous quality must be done right after completion of construction. Compensation for affected public utilities If some public facilities as schools, bridges, factories, water sources, roads, electricity, water supply, or drainage etc. are affected, the Project shall certify that these structures are restored or repaired for each specific case, and the community has not to pay for such costs. Project has to minimize the impacts of land acquisition to cultural works. In case, it cannot be unavoidable, the project must take measures to resolve in each specific case. If the cultural works such as churches, temples, pagodas, shrines managed by the local government must be relocated, the CPC must decide this based on the public consultation with Committee of Compensation and Land Acquisition and Local Government as well as local people. 5.3.8 Subsidies and Assistance to Restoration In addition to the compensation costs for affected land, property and infrastructure as stated above, DPs are entitled to other allowances, including: Relocation support Support transportation cost 2,000,000 for households moving to new areas within the same district; Support transportation cost 3,000,000 for households moving to new areas in other districts but within Da Nang city; and Support transportation cost 7,000,000 for households moving to new areas in other provinces. Assistance for Life Restoration DPs will be assisted for daily activities in cash which is equivalent to 30kg rice/person/month in 06 months. Affected households who have to rebuild house on the remaining area will be also assisted in cash (equivalent to 30kg/person/month in 03 months for all members in households). Specific Assistance for Life Restoration/or households whose agricultural/and is acquired Assistance for life restoration to HHs and individuals who are directly involved in agricultural production when the State acquires agricultural land including garden and pond land (except for the aquaculture land, 5% public land and the land which commune/ward PC assign the HHs/individuals for private use) will be VND 6,000 I m2 but assistance can not exceed the area of 4,000 m2/HH. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN Allowance for Job Transformation The support for changing job/ occupation transformation for agricultural labors and HHs whose agricultural land is affected are eligible to the compensation will be provided that, their family members at the working age are trained for occupation change. The assistance level is in cash at 1.5 times higher than the agriculture land price. HHs who are not entitled to the compensation but received assistance for affected agricultural will received allowance for job transformation according to allowance for affected land (about 50-60% of the above allowance level). In case, HHs who have demand of vocational training, they will be assisted to participate in vocational training inside city and they do not pay for any fee (including primary, secondary school and training) for individuals who are in working age ( not apply for individual who participate in course outside of city) Support for Tenancy Households who have their shelters affected will be assisted to rent a house in the project resettlement area. If project house is not available, they will be received assistance in cash with the amount of 1,200,000 VND/HH/ month. The period of assistance will be defined as when the DPs hand over land until they receive resettlement house according to the notification of stakeholder, plus 6 months of tenancy cost in the process of house rebuilding 2 . In case, above assistance is not enough for house rebuilding, these household will be receive difference (compared with actual hired cost) Special Social Support Poor households, who are certified by the local government as poor households, will be supported 2,000,000 (two million dong) per household. For those who resettle in place or move belong to the vulnerable groups and being granted with social subsidies, they will be entitled to special support no less than VND 1,000,000. Bonus Organizations, households, who well execute the policy of self-dismantling and transferring land for the Project on planned schedule, will be awarded: (i) 5% of the asset compensation value (houses, structures, trees) for organizations, households whose compensation value is less than VND 50,000,000. (ii) 8% of the asset compensation value (houses, structures, trees) for organizations, households whose compensation value is more than VND 50,000,000 but not exceeding VND 80,000,000. (iii) The bonus level equals 50% of the general regulation but not exceeds VND 2,500,000 for affected, tents, small shops, gardens. The Entitlement Matrix for different types of losses and categories ofDPs is shown in Annex 1 with number ofDPs in each category indicated. The relevant decisions ofDa Nang city on compensation, assistant and resettlement will be attecched to this RAP as sub-annexes to the matrix entitlement 2 In project, transmission period is estimated about 9 months. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN Table 15: ENTITLEMENT MATRIX TYPE OF TYPE OF NO. APPLICATION AFFECTED COMPENSATION POLICY IMPLEMENTATION LOSS PERSONS Agricultural Households People who are (a) The DP whose agricultural land is acquired will be land is whose eligible for the compensated by cash equivalent to 100% of the -Assistance to compensation permanently agricultural land compensation of replacement cost. If the remaining land is not for agricultural land as per acquired is permanently agricultural land economically viable, as requested by DP, the entire area relevant Articles defined in acquired. will be acquired. In addition to a cash compensation, there the Decrees 197/2004; 84 will be other supporting policies (refer to Article 5.3.1 0. /2007 and 69/2009. Assistance to DPs whose agriculture land is acquired. - Effort need to be made by (b) Gardens and ponds in the same parcel of land with land for land compensation houses offamilies/individuals in residential areas, which is of the replacement land is not recognized as residential land; gardens and ponds in available in the locality. the same parcel of land with separate houses; gardens and ponds in the same parcel of land with houses along the canals and along the roads; are eligible for compensation as prescribed, when the State recovers land, the whole acquired area is compensated by the price of garden land pond. Also a support of 50% the price of land in the same parcel of land will be provided accordingly with the acquired area but is not exceeding 02 times of the limit of new land allocation. (c) For agricultural land which is defined by the boundary of a parcel of land which has houses at the most outside in a village, hamlet, similar residential area or in an administrative boundary of a ward; or who are acquired with agricultural land which is defined by the boundary of a parcel of agricultural land adjacent to the administrative boundary of a ward or adjacent to the boundary of a population area, in addition to the compensation of perennial prices at the position 1, will be supported equally with 20% of the average residential land price in such region. The support area is not exceeding 5 times of the local land allocation limit. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thanglong 45 RESETTLEMENT PLAN People who use Cash compensation for acquired land equal to the amount For households that rent bidding land or invested on that land, or the remaining value of a rental land from other households rent public land: contract (or 30% of land price). or individuals, this will be paid to the land owners. Land users who For DPs who have agricultural land affected If households accidentally are not eligible for directly including agricultural land, ponds (except occupy public land for compensation cultivation, they will be for the aquaculture, land, 5% land, land managed according to compensated for affected Article 8 ND by the Commune/Ward PC and assigned to farm products and trees 197/2004/CP household/individual) is at VND 6,000 I m 2 according to replacement according to Da Nang PC' s policy. prices but they will not be compensated for the land. 2 Residential Residential land a. All households AI Land Compensation: Assistance to land land is is acquired which with land to be Legal: Compensation for residential land by cash at 100% compensation will be permanently is legal and acquired of the replacement cost. applied with the policy of acquired legalizable for Legalizable: Da Nang city. land - Residential land, which is allocated incompetently is compensation. supported I 00% of such residential land price for the acquired area which is equal with the allocated area; its remaining area or its area, that land use fees are not paid, will be supported I 00% of such residential land price but deducted the land use fees to be paid. - Land, which is used stably without disputes before the planning time but has not any legal papers of land-use (i) before 15/10/1993 is compensated 100% of such residential land price for the actual used area equally with one time limit of land allocation. The remain, in addition to the compensation based on garden and pond prices, will be supported by 50% of such residential land price for the actual used area but must not exceed 01 time of the limit of land allocation. And the rest (if any) will be supported in accordance with regulations of Da Nang People's Committee. (ii)Residential land used from 15/10/1993: Land is being used but does not exceed 01 time of the new allocation of residential land area will be compensated at 100% of land price for the using land area in the new DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thanglong 46 RESETTLEMENT PLAN allocation of residential land with the deduction of land use fee3. The area that exceeds the allocation of residential land and the area of gardens and ponds on the same parcel of land which is not recognized as residential land shall be compensated accordingly to the price of perennial crops in position I. b. Households Bl Resettlement: If households must relocate: Resettlement site who have to be b.l In addition to compensation by cash based on development for the relocated replacement cost, resettlement for households will be households who prefer to arranged as follows: plots of residential land. The + Resettlement land for one household will be allocated site must be developed with with a minimum of 40 m2 per household. the physical infrastructures + Those who are allocated resettlement houses will be and social services. exempted from fees for land surveys, land registration and certificates of land use rights and home ownership (these fees will be paid by the State). b.2. If the DPs provide the necessary commitment and choose to voluntarily arrange their resettlement they will be (i) compensated by cash for the replacement cost of all residential land, and (ii) supported with an allowance for relocation equivalent to 20% of the value of the compensated land. Residential Residential land All households A. Land Compensation land is is acquired and on lands to be Land to be used as actual residential land with houses and permanently the DP is illegal acquired other structures which violates Item 4, Article 14, and acquired for land Decree No 84/2007/Nf>- CP will be supported as follows. compensation. (i)Land used before 15110/1993 will be supported 50% residential land price for the used area equally to the on time new limited allocation of residential land. (ii)Land used after 15/10/1993 will not be compensated but supported 30% residential land price regulated in annual table of City PC for using area. 3 It is based on stipulation in Item a, Article 8, Decree 198/2004/ND-CP and Article 4, Circular No 14/2009/TT-BTNMT dated 01110/2009 promulgated by MONRE. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thang1ong 47 L--- ...-'--&-- RESETTLEMENT PLAN DPs who must I B. Resettlement relocate Households, who are not entitled to compensation for residential land but have no other land/house will be provided with land plot in resettlement sites, if they get certification of their homelessness from local authorities. In case, relocated DPs cannot afford, they will be indebted. 3 Housing, Affected The affected 100% Support based on the price for new construction structures Housing and structures are and the relevant administrative costs. and graves structures owned by DPs Affected graves Households Principle: Compensation is based on the cost of excavating, whose have covering, and moving graves, and reconstructing them the affected graves same as before. Compensation unit price: Pursuant to the decisions of Da Nang city PC. 4 Affected Affected farm Owners I of Households will be compensated for affected farm and Households will be farm products Affected infonned several months farm aquatic products based on market prices at the time of land products and products acquisition. before the land acquisition. trees Farm produce growing after the announcement of land acquisition will not be compensated. r-----+-----------+-~--~-------+--------------+-------------------------------------------~ Affected trees Owners of Households will be paid for affected trees based on the The method to calculate affected trees replacement costs for the type, age and profitability of the replacement prices of farm trees. Trees that can be relocated will be compensated products and trees is based based on actual loss and damages plus transportation fees. on the regulations in 24 Decree No.l97/2004/ND- CP. 5 Affected Lost income The DPs whose (i) Households running licensed business will be Households will have income and sources and income/business supported by cash for their losses equivalent to 50% their priority to do business along production production or 1 lost. annual income after tax as determined by an average of national and inter-commune or business business their income for the three previous continuous years and roadsides and canals and facilities properties certified by the tax agency (equivalent to l 00% of the near bridges to enable them average income of 06 months). to continue running their (ii) Affected persons who operate small business or business. services at home but do not declare income to the taxation Allowances will be adjusted DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thanglong 48 RESETTLEMENT PLAN agency will be provided with an allowance equivalent of 6 based on escalation at the months average incomes. time of compensation. (iii) If business locations must be moved, households may be provided with a replacement business location or compensated by cash plus the costs of relocating their production and/or business facilities. 6 Indirectly Land and Land users People who are indirectly affected are impacted the same affected properties to be as those who are directly affected and they are entitled to (secondary acquired for the the same compensation and assistance policies as directly affected) development of affected people. resettlement areas. 7 Support for Support for DPs finding new Households whose lands are acquired, and are eligible for recovering recovering of resettlement land and house compensation and meet the resettlement resettlement area areas by criteria but choose to arrange their relocation by themselves. themselves will be supported by 20% of the value of their land compensation at a minimum and a maximum support value per household as per the policy of Da Nang city or similar to investment cost for a plot in resettlement site (Decree 69/2009). DPs allocated Households moving to resettlement site will be supported land in for stabilizing their life and production and with the resettlement allowance of 5,000,000VND per household. areas. Relocated DPs In case, compensation/ assistance amount is less than minimum price of resettlement land plot, the DPs will be supported with the price variance; if land plot arrangement in project resettlement site is not their option, assistances in cash will be provided to DPs, equivalent to that price variance. Transportation Households to be Affected households who must relocate will be supported Allowances will be adjusted assistance relocated by 3,000,000 VND per household in the city, and based on escalation at the 5,000,000 VND per household in other provinces. time of compensation. Allocation for Households to be Relocated households whose family members are named living relocated in the family record book and actually live with the stabilization. families at the time of the Decision of the land acquisition will be subsidized with an allowance of 2,000,000 VND per person to stabilize their living DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thanglong 49 __ ..__ RESETTLEMENT PLAN Support for I Households who 1. Relocated households will be supported for five months renting houses must relocate of temporary residence from the time they receive compensation, assistance and resettlement land by 5,000,000VND per household. 2. If the Project delays the arrangement of a resettlement area, the costs to extend a household's temporary residence will be added. The extension amount is detennined from the delivery date of household's land to the delivery date of the resettlement area. It must reflect the actual prices of house rental in the acquired area: 800,000VND per month for rural districts and towns, and l,OOO,OOOVND per month for urban districts. 3. Households who are not eligible for resettlement criteria but have no houses to live in will be supported by 50% of the above levels for tempora!)'_ residence. Support for I Households Support with vocational training and job change: For Households should be recovering whose existing agricultural land acquired, the allowance is from 1.5 to 5 consulted about the specific income sources agricultural land times of entirely acquired agricultural land price as per a type of support needed to is affected requirement in the Decree 69/2009, and in the case the meet their actual demands household has the demand for training, a training course or and help them recover their vocational guidance which are free of charge will be most efficient production provided for people who are in working ages. and income. Support for stabilizing household living standards: affected households with over 30% of their agricultural lands acquired will be compensated with money equivalent to 30 kg of rice/person/month at local market price, including: (a) : Affected households with from 30% to 70% of their agricultural lands acquired will be assisted for living stabilization for 6 months if they do not need to resettle and in 12 months in case of resettlement. (b) Affected households with more than 70% of their agricultural lands acquired will be assisted for living stabilization for 12 months if they do not need to resettle and in 24 months in case of resettlement. Social support Households who 1. Households who affected with residential land loss are benefitted by and are benefitted by social policy and must relocate will social policy receive the following social support: (i)Families of martyrs, wounded and sick soldiers, heroes DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thanglong 50 --- - ------ --~ RESETTLEMENT PLAN of the people's armed forces and labor, and families who sacrificed to the Revolutions. (ii)Support families with the Agent orange (iii) Poor households . 2. Households who affected with agricultural land loss, and are benefitted by social policy and affect l 0% or more of their agricultural land will receive the following social support: (i) The wounded and sick soldiers, heroes of the people's armed forces and labor, and families who sacrificed to dedicate to the Revolutions will be supported. (ii)Support families with the Agent orange. (iii) Poor Households and farm dependent poor households will be sllQlJ_orted. Bonus Households that Land users who abide by the inventory and hand over land hand over the site on schedule, meeting the employer's requirements of the on time or before project schedule are awarded: VND 2,000,000 per schedule household for agriculture land impact and VND 5,000,000VND per household for residential land impact. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT Infra-Thanglong 51 ~ ------· RESETTLEMENT PLAN 6. RESETTMENT AREAS 6.1 Measures for building resettlement Area 6.1.1 Objective When resettlement is unavoidable, Board of Project management needs to consider all possible options for building resettlement site with careful consultation of DPs as well as current residents of resettlement site in order to minimize and/ or reduce disadvantageous impacts because of relocation in particular and involuntary resettlement (IR) in general. The project's DPs are mainly living in the city neighbourhood; therefore, new location needs ensuring equivalent chances of careers, infrastructures and production. However, more important thing is that DPs must accept that location through consultative process. Hence, consulting with DPs when preparing resettlement area is an important factor. Consultation will reduce unnecessary conflicts and tenseness. Resettlement's location is built as planned, building standards for urban and basic infrastructures are built before DPs move in. And, the nearer old residence resettlement site will be, the better. Relocation is an indispensable part of IR plan. Poor relocation plan can lead to serious impacts for both current residents and DPs that move in. Thus, it is necessary to implement these following actions: a. Consider all methods and build replacement relocation's strategy having careful consultation with DPs. b. Select suitable resettlement location, if necessary, as a part of feasible research report; c. Encourage DPs and community of resettlement site take part in decisions on selecting location, arrangement diagram, designing and developing resettlement site; d. Consult women and women group about settling model including communication, social services, cultural site and other civil comforts' development; . • ' e. Establish aims and build relocation plan having consultation and participation of potential DPs; f. Ensure resettlement site to complete with full comforts before moving in; g. Develop programs that bring benefits to both DPs and residents of resettlement site to strengthen long-term social integration. 6.1.2 Resettlement Policy Framework Resettlement policy a. Households and individuals, whose area of acquired houses and land or the remaining area after the acquisition is lower than limit of new allocated land, DPs ( 1) will be provided resettlement land; and (2) if their land compensation cost is lower than a land plot cost in a resettlement area, the Project will provide the difference in cash, which does not exceed the difference between the land compensation and the local minimum resettlement rate. b. If land users are not the subjects to the land compensation but have no other places to live; and ( 1)have certificate of local government on their current status, they shall be considered to be allocated the minimum plot in resettlement area for house building and (2) have to pay the landuse fee but in case ofunaffordability, DPs will be considered to provide a debt. c. Indirectly affected people due to land acquisition for the construction of resettlement area are entitled to be compensated and assisted as affected households due to the construction of main project categories. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN d. Relocation options: there are two (02) main relocation options, including: (I) Concentrated relocation focus is the layout of land plots for house construction apartments in the resettlement areas displaced households due to the project and (2) Free resettlement for households who are entitled to compensation for the land loss and who wish to find a new other resettlement places .. e. Based on demands of resettlement, the PMU will arrange resettlement land at resettlement areas of the city or build project resettlement areas for displaced households who are eligible for resettlement and have needs of resettlement in the proposed areas. These resettlement areas need to ensure life for resettled people about social and technical infrastructure system. The new life must be ensured that to be at least similar or better than that in the old places. Entitlements and liabilities of DPs: Entitlements ofDPs a. Register the resettlement through documents b. Are prioritized to population registration for themselves and other members of the families at the new place and are prioritized to move schools for children at school-age. c. Can refuse the resettlement site if it cannot ensure the conditions as in public announcement; Liabilities of DPs a. Displaced persons must move to the resettlement area as scheduled, build houses and take other obligations in accordance b. Building houses and works according to master plan and conduct other liablibities according to legal regulations. 6.1.3 Relocation demands According to the survey results, total sub-project impacted households is 730. The resettlement areas are expected to construct in Thanh Khe Tay, Hoa Quy ward and Hoa Lien, Hoa Phong and Hoa Chau communes. The resettlment sites meet the subproject objectives of minimizing adverse impacts. In particular, they are (i)impacts mainly on agricultural and forest land where very few households settled down, (ii) the resettlement areas are not far away from the project communes which makes it convenient for resettlement households. According to the survey results, there are currently 730 households who are eligible for relocation in the project resettlement site, in which 272 households need to be relocated. However, there will be a situation that households will be separated into many secondary households. Therefore, the summary table expects that the congtingency cost at the implementation time will be 20%. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN Table 16: Summary of Resettlement Needs Resettled households No. of Sub- No Component Total households households Contingency resettlement relocated by (being land plots losing house separated) 1 Component 1 131 13 27 171 2 Component 2 28 3 5 36 3 Component 3 299 30 60 389 4 Resettlement area 272 37 54 363 constructing Total 588 83 146 959 6.1.4 Consultation results and selection of resettlement site The Consultant Unit in charge ofRP preparation has carried out 02 public consultation phases on April and August, 2012 with 730 affected households. Consultations were implemented in many forms such as community meeting, questionnaire interview, direct DPs interview and group discussion. Besides, the Consultant has organized meetings with local authority at all levels, local social organizations (for example, Women association, Farmer association, Veteran association, Youth union, etc.). In these meetings, the PMU in co-ordination with the Consultant Unit comprehensibly informed the local authority, DPs and concerned parties about characteristics of resettlement site, infrastructures and social services that would be served, 1 principles of compensation, land lots' classification and relocation to new area as well as aim of consulting towards resettlement's plan and implementation, etc. Consultative votes were popularized to each DPs. This consultative vote included major information about resettlement site, compensation policy and DPs' opinions and aspirations on compensation options (land lots at resettlement site or receiving compensation money and self-arranging new residence). The aim of this consultation in resettlement site is to collect DPs' opinions about following matters: (i) DPs' choice towards resettlement sites (land for land or land for apartment) or self- relocation (compensate in cash); (ii) Develop infrastructures and social services for resettlement site; (iii) Structures, procedures of compensation and relocation DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN Table 17: Survey results for DPs' resettlement aspiration Resettlement measures Project location Build On-site Distribution collectiYe relocation [1] measure zone A Component I 131 42 21 68 B Component II 28 6 5 17 c Component III 299 51 68 180 Resettlement 272 56 32 184 D area constructing Total 730 155 126 449 Rate(%) Expectations for infrastructures at resettlement site According to project's detailed planning of resettlement site, apart from proposal of high-rise apartments or land plot distribution , the remaining area will be used for technical works such as transportation, water supply, water drainage, power supply, not including social infrastructures such as school, health, etc. Therefore, in the process of designing survey form, some information which needs to be consulted with local people has been researched and applied. According to survey results of expectations for infrastructures at resettlement site, some essential works have been selected by DPs. 59% of households selected resettlement site with market, 53% of households selected education services such as schools, 40% of households selected health services, 20% of households selected bus service, etc. Besides, some public works such as playground, park, community meeting room, and restaurant were selected although their rates were not not high. In conclusion, according to consultative result from displaced households, some essential services that attracted most attention were market, school, and health service. They are essential 1 infrastructure works that will serve any new urban area of the city. J ·' Implementation process Steps will be as below: a. DPs consult about resettlement sites (including Khe Can, Hoa Lien 5 and Hoa Phong gold area, number 1 area- DT605 and the north ofthe south road are); b. Concerned Departments (Institute of City Planning and Architecture, Department of Construction, Department of Planning and Investment, Department of Natural Resources and Environment) consider and propose Da Nang People's Committee to approve resettlement site (detailed planning approved for Hoa Lien 5, number 1 area- DT605 and the north ofthe south road area c. Detailed design of resettlement site; d. Compensate house and asset for DPs; e. Selected contractors will implement construction of resettlement site; f. Classify land lots and/ or apartments at resettlement site under principle having consultation from affected households; g. Transport DPs to resettlement site and measures for restoring life. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN To ensure that DPs will build house at the distributed land lots and move to resettlement site timely, compensation in cash for affected households for building and other assets will be paid in phases basing on numbers of houses. Compensation payment will apply a resettlement card as follow: Expected resettlement card: 1. Owner 2. Address: Group .............. Ward ............. District 3. Affected area 4. Time of distributing land lot for household: Date// Month// Year 5. Requested time for completing building house: Date// Month// Year 6. Final deadline for moving out project's affected area: Date// Month// Year 7. Compensation money and other resettlement's assistances: Payment phase 1: Amounts of money (Amounts of money, Date// Month// Year, Signature) Payment phase 2: Amounts of money (Amounts of money, Date// Month// Year, Signature) Similar procedures will be applied to self-relocation households 6.2 Resettlement measures Orientation of building and developing resettlement site at Khe Can, Hoa Lien 5 and Hoa Phong gold area, number 1 area - DT605 and the north of the south road area includes three measures for implementing building as below: Measure 1: Distribute land lots for each household. This is the measure that is now applied the most in compensation and land clearance for project current resettlement sites. Measure 2: Measure for building collective zone. This is the measure that is often applied at places with little land fund; people have stable jobs as in industrial zones, industrial cities and big cities. Measure 3: Combination measure. This is the measure combining both of above measures. 6.3 Resettlement site development Project's resettlement site will be implemented building on the area of Thanh Khe Tay with total area of 5,8 ha, the area of Hoa Quy with total area of 7,5 ha, the area of Hoa Chau commune with total area of 4,11 ha, the area of Hoa Phong commune with total area of 9,04 ha, the area of Hoa Lien commune with total area of 7,2 ha. According to result of socio-economic investigation and asset's inventory, it is estimated that 272 households with 890 HHs will be affected by project on building resettlement site. The area of land acquisition serving building resettlement site is mainly agricultural land, mountain land. Besides, some small area is pond, tombs, and other non-agricultural land. According to investigation result, it is estimated that about 730 relocated households (including 458 displaced households due to SCDP and 272 displaced households due to the construction of the resettlement areas). It is expected that there will be 900 land plots for resettlement (including apartments and land lots) provided by 05 expected resettlement areas. Therefore, in general, resettlement plots will meet sufficiently demands of resettlement of local people. According to DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN expection survey of resettlement options and plan, the below table compares the resettlement expectations with its plan : Table 18: Resettlement site arrangement plan Implementation Demand survey No. Item plan (household) (household) 1 On-site resettlement 155 2 Build collective zone 126 325 3 Measure for land lots 449 575 distribution 4 Total 730 900 Regulations on resettlement: Displaced people which are eligible to resettle at resettlement sites are legally land users, house owners whose land is required acquisition and who have demands of resettlement must move away is that they own legal house and housing land being completely taken and need resettling. Cases of using land that do not belong to project's land compensation, and if there is no other place to live, must have local authority's verification. Compensation Council at all levels report to city's People's Committee to consider each specific case in order to buy, hire or transfer resettlement land followed by area standard and regulated price. To detail above regulations, standard and condition towards resettlement households of SCDP Project have been developed as below: ./ Households that have land completely taken, house completely released and have no other place to live; ./ Households that have remaining land area after acquisition smaller than 60 m2 Cases that do not have eligible conditions for resettling include: (i) households that live on other people's land; (ii) households that hire State's house but being completely acquired but have no other place to live; and (iii) other cases that are considered and solved by Board of Project's Management and Council of Compensation and Land Clearance. 6.4 Resettlement site planning It is planned that there are 05 resettlement areas which will serve Da Nang SCDP are located in Thanh Ke Tay, Hoa Quy wards and Hoa Lien, Hoa Phong, Hoa Chau and Hoa Phu communes. In particular, they are described as follows:: 6.4.1. Residential area No.Ol at DT605 highway is communes of Hoa Chau, Hoa Tien, Hoa Vang district, Da Nang city The Resettlement Area No. 1 at DT605 highway at Hoa Chau and Hoa Tien communes, Hoa Yang district, Da Nang city. - The East borders with the agricultural land - The West borders with DT 605 highway -The North borders with agricultural land - The South borders with the existing residential area 4 S6 lUQ'Ilg trong k~ ho;;tch th\l'C hi~n bao g6m Ccl sb lo d\l' ki~n cho cac hQ dan anh hu6ng Vel thUQC di~n dUQ'C giao dcit t;;ti khu tai d!nh cu (anh hu6ng thlr ccip), uac tinh khoang 272 hQ. DA NANG URBAN TRANSPORT DEVELOPMENT PROJECT RESETTLEMENT PLAN Total planned area for the resettlement area is 112.224m2 , among them, the resettlement area for SCDP is 4,11 ha. Its general detailed layout has been approved through the Decision No. 7991/QD-UBND on Oct 17, 2005 ofDa Nang CPC. Resettlement site No. 1 DT 605 aimed to serve the resettlement for DPs by the construction of the Southern ring road Hoa Phuoc - Hoa Khuong. The construction of this resettlement site will required agricultural land acquisition from 250 households. Da Nang Institute of Planning and Architecture has provided then planning for the resettlement areas as follows Table 19: Planning area is divided into the following functional areas Measure No. Content Ratio(%) ment 01 . . . ~~-t.?:~er~~~t.?:.}~d _ . _____ ________ ~~------ -·-----~:~S'_:l . . . . . . . . _ -~:~T 9~---- . . ~~~id~!1!~-<:t.~__!~~-plot ---------···· . . . ·-~?....... --·--?-~.~_