SFG1981 V1 DANANG DEPARTMENT OF TRANSPORT DANANG PRIORITY INFRASTRUCTURE INVESTMENT PROJECT MANAGEMENT UNIT DANANG SUSTAINABLE CITY DEVELOPMENT PROJECT (Loan No. 5233-VN) RESETTLEMENT PLAN FOR THE ADJUSTMENT ITEMS OF THE PROJECT Danang, September 2015 DANANG DEPARTMENT OF TRANSPORT DANANG PRIORITY INFRASTRUCTURE INVESTMENT PROJECT MANAGEMENT UNIT DANANG SUSTAINABLE CITY DEVELOPMENT PROJECT (Loan No. 5233-VN) RESETTLEMENT PLAN FOR THE ADJUSTMENT ITEMS OF THE PROJECT REPRESENTATIVE OF THE CONSULTANT CLIENT Danang, September 2015 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan TABLE OF CONTENTS ABBREVIATIONS ................................................................................................................. 5 GLOSSARY ............................................................................................................................ 6 1. GENERAL INTRODUCTION ......................................................................................... 20 1.1 OVERVIEW ON THE PROJECT ............................................................................. 20 1.1.1 Background ............................................................................................................ 20 1.1.2 Scope of Services ................................................................................................... 25 1.2 SURVEY AND METHODOLOGY .......................................................................... 27 2. MITIGATION MEASURES............................................................................................. 28 2.1 OBJECTIVES ......................................................................................................... 28 2.2 MITIGATION MEASURES OF IMPACTS ............................................................. 28 3. IMPACTS OF LAND ACQUISITION ............................................................................. 30 3.1 OVERVIEW ON LAND ACQUISITION .............................................................. 30 3.2 SUMMARY OF ACQUISITION OF LAND AND OTHER ASSETS .................... 33 3.2.1 Impacts of residential land acquisition ................................................................... 33 3.2.2 Impacts on Agricultural Land ................................................................................ 34 Source: Resettlement Survey, May 2015 ........................................................................... 35 3.2.3 Impacts on Housing ................................................................................................ 36 3.2.4 Impacts on Structures/ Architectural Facilities ...................................................... 37 3.2.5 Impacts on Trees and Crops ................................................................................... 38 3.2.6 Impacts on Income and Business ........................................................................... 39 3.2.7 Impacts on Tombs and other Cultural Works ........................................................ 40 3.2.8 Temporary Impacts ................................................................................................ 40 4. SOCIO-ECONOMIC PROFILE .................................................................................. 41 4.1. General Information about Danang City .................................................................... 41 4.2. Socio-economic Characteristics of the Project Area.................................................. 42 4. 3 Socio-economic Profile of Affected Households....................................................... 43 4.3.1. Scope of survey ...................................................................................................... 43 4.3.2. Demographic Characteristics of Households ......................................................... 43 4.3.3. Education level ....................................................................................................... 44 4.3.4. Income and Expenditure......................................................................................... 45 4.3.5. Living conditions and Furniture of Households ..................................................... 47 4.3.6. Vulnerable households ........................................................................................... 47 4.3.7. Utilities and Services .............................................................................................. 48 4.3.8. Health and Education Conditions ........................................................................... 48 5. LEGAL FRAMEWORK AND ENTITLEMENTS .......................................................... 49 5.1. LEGAL FRAMEWORK ......................................................................................... 49 5.2 OBJECTIVES AND PRINCIPLES ........................................................................... 52 5.2.1 Objectives ............................................................................................................... 52 5.2.2 Required Measures ................................................................................................. 52 5.2.3 Principles for Compensation and Resettlement ..................................................... 53 5.3 ENTITLEMENTS ...................................................................................................... 59 IAC Vietnam Page 1 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 5.3.1 Compensation Policy for Residential Land ............................................................ 59 5.3.2 Compensation and Assistance Policy for Houses and Structures .......................... 59 5.3.3 Compensation and Assistance Policies for Agricultural Land ............................... 60 5.3.4 Compensation Policy for Graves............................................................................ 60 5.3.5 Compensation Policy for Household Facilities ...................................................... 61 5.3.6 Compensation Policy for Affected Trees and Crops .............................................. 61 5.3.8 Compensation Policy for Temporary Impacts during the Construction Phase ...... 61 6. RESETTLEMENT SITE ................................................................................................... 72 6.1 RESETTLEMENT SITE ........................................................................................... 72 6.1.1 Objectives .............................................................................................................. 72 6.1.2 Criteria and Eligibility for Relocation .................................................................... 72 6.1.3 Demands of Relocation .......................................................................................... 72 6.1.4 Results of Consultation and Selection of Resettlement Sites ................................. 73 6.2 RESETTLEMENT ALTERNATIVES ...................................................................... 74 6.3 HOST COMMUNITY ............................................................................................... 76 7. LIVELIHOOD RESTORATION PROGRAM ................................................................. 77 7.1 OVERVIEW .............................................................................................................. 77 7.2 ANALYSIS OF DEMANDS ..................................................................................... 77 7.3 PROPOSED LIVELIHOOD RESTORATION PROGRAM .................................... 78 7.3.1 Budget source ........................................................................................................ 78 7.3.2 Description of Program .......................................................................................... 78 8. CONSULTATION AND PARTICIPATION ................................................................... 81 8.1. OBJECTIVES AND POLICIES ................................................................................ 81 8.2 PROCEDURES FOR CONSULTATION AND PARTICIPATION ........................ 82 8.3 METHOD OF PUBLIC CONSULTATION ............................................................. 82 8.3.1 Consultation during the Preparation Phase ............................................................ 83 8.3.2 Consultation during the Implementation of Project ............................................... 87 8.3.3 Information Disclosure ........................................................................................... 88 9. GRIEVANCES AND REDRESS MECHANISM ....................................................... 89 9.1 RESPONSIBILITIES................................................................................................. 89 9.2 GRIEVANCE PROCEDURES.................................................................................. 89 10. INSTITUTIONAL ARRANGEMENTS .................................................................... 92 10.1 INSTITUTIONAL FRAMEWORK .......................................................................... 92 10.2 RESPONSIBILITIES OF STAKEHOLDERS .......................................................... 92 10.2.1 City People’s Committee ....................................................................................... 92 10.2.2 Relevant Departments and Divisions ..................................................................... 93 10.2.3 Danang PIIP-PMU ................................................................................................. 94 10.2.4 The Land Fund Development Center (Site Clearance Compensation Board) ....... 95 10.2.5 District People’s Committee .................................................................................. 95 10.2.6 District Resettlement Council (DRC) .................................................................... 95 10.2.7 Ward /Commune People’s Committee................................................................... 96 10.2.8 Independent Monitoring Agency ........................................................................... 96 IAC Vietnam Page 2 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 10.2.9 Grievance Redress Mechanism .............................................................................. 96 11. IMPLEMENTATION PLAN ...................................................................................... 97 11.1 MAIN ACTIVITIES .................................................................................................. 97 11.2 IMPLEMENTATION STEPS ................................................................................... 97 11.3 IMPLEMENTATION SCHEDULE ........................................................................ 101 12. MONITORING AND EVALUATION ............................................................... 102 12.1 INTERNAL MONITORING ................................................................................... 102 12.2. EXTERNAL MONITORING .............................................................................. 102 13. COST ESTIMATE .................................................................................................... 105 13.1 FUNDING SOURCE ............................................................................................... 105 13.2 REPLACEMENT COST SURVEY ........................................................................ 105 13.3 COST ESTIMATE ................................................................................................... 107 ANNEXES ...................................................................................................................... 110 IAC Vietnam Page 3 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan LIST OF TABLES Table 1: Summary of Adjustment Items ........................................................................................... 11 Table 2 : Summary of Impacts caused by the Project ....................................................................... 14 Table 3: List of adjustment work items under the Project ................................................................ 22 Table 4: Summary of Project’s Impacts ............................................................................................ 30 Table 5: Summary of Affected Residential Land.............................................................................. 33 Table 6: Summary of Affected Agricultural Land ............................................................................ 34 Table 7: Summary of Affected Housing ........................................................................................... 36 Table 8: Summary of Affected Structures/Architectural Facilities ................................................... 37 Table 9: Summary of Impacts on Trees and Crops ........................................................................... 38 Table 10: Population and Population Density of Project Wards/Communes ................................... 42 Table 11: Scope of Socio-economic Survey in Project Area ............................................................ 43 Table 12: Education level of affected households ............................................................................ 44 Table 13: Primary income sources of household heads by wards/communes (%) ........................... 45 Table 14: Classification of Households by Income (#HH) ............................................................... 46 Table 15: Rate of poor households in project wards/communes ...................................................... 47 Table 16: Main gaps between policies on compensation, assistance and resettlement of gov and world bank and proposed policies for Da nang SCDP ...................................................................... 56 Table 17: Entitlement Matrix ............................................................................................................ 65 Table 18: Summary of Needs of Resettlement.................................................................................. 73 Table 19: Scope of the Resettlement Site ......................................................................................... 75 Table 20: Proposed Resettlement Options ........................................................................................ 75 Table 21: AP’s expectation to assistance .......................................................................................... 78 Table 22: Public Consultation on Land Acquisition and Resettlement............................................. 84 Table 23: Implementation Schedule................................................................................................ 101 Table 24: Proposed Unit Price of Compensation for Residential Land .......................................... 106 Table 25: Cost Estimate .................................................................................................................. 108 IAC Vietnam Page 4 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan CURRENCY EQUIVALENTS (As of 30 June 2015) Currency Unit – Dong (VND) $1.00 = VND 21,500 ABBREVIATIONS AHs Affected Households APs Affected Persons PMU Project Management Unit GoV Government of Vietnam DMS Detailed Measurement Survey DRC District Resettlement Committee EIA Environmental Impact Assessment IDA International Development Association RP Resettlement Plan LIA Low-income area MOLISA Ministry of Labor, Invalids and Social Affairs FS Feasibility study WB World Bank RPF Resettlement Policy Framework TOR Term of Reference CPC City People’s Committee IAC Vietnam Page 5 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan GLOSSARY Affected Person(s) Affected Person(s) (APs) are the persons who are affected by (APs) 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. Involuntary Unavoidable resettlement losses during the implementation of Resettlement project in which affected people have to rebuild houses, assets and restore income. Resettlement Additional support provided to APs who are losing assets Assistance (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 to the pre-project level. Cut-off date The date that the sub-project is approved and the project landmarks are made. Affected 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 date could be different among the various project components. Detailed The finalization and/or validation of the results of the inventory Measurement Survey of losses (IOL), severity of impacts, and list of APs done during (DMS) the preparation of the final resettlement plan and with the landmarks made on the ground demarcating for the project areas. Compensation Payment in cash or in other forms for impacts on land, houses, income and other affected assets due to land acquisition for the project implementation IAC Vietnam Page 6 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Entitlement The range of compensation, assistance measures and assessments comprising income restoration support, moving assistance, income restoration assistance, relocation and resettlement assistance to the APs 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 restoration/Livelihood livelihoods of all APs. improvement Inventory of Losses The process of tally, location, measurement and identification of (IOL) assets 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 APs’ 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 APs’ movement away from their old residence Resettlement site and resettlement site means a new residence of APs. Replacement Cost The amount of money, which is needed to replace an affected asset and cover the transferring costs for such assets, including costs of materials and labor forces as follows: (i) Replacement cost definition is used to calculate the compensation payment for an affected asset based on the market prices plus transferring costs including taxes, costs of transportation and labor force, etc. (OP 4.12, note 11). Market prices are determined by the PMU with the confirmation of the local authorities and consultation with the affected persons. The methods of determining current market prices should be updated IAC Vietnam Page 7 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan from time to time.1 (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 The process involved in the determination of the replacement Survey cost of land, houses or other affected assets based on market price. 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 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; (iii) Any additional group determined by meaningful socio-economic surveys and public consultations. 1 PMU will employ a independent valuer for pricing assets IAC Vietnam Page 8 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan EXECUTIVE SUMMARY Danang Sustainable City Development Project (Loan No. 5233 VN) funded by WB took effect on 29 July 2013. Accordingly, the construction works are under the progress of detailed designing. Particularly, the first secondary wastewater treatment plant of the city in Hoa Xuan is under the construction. However, during the project implementation, there are some adjustments and supplements to the stormwater and wastewater drainage systems such as improvement of drainage systems on some roads such as Ong Ich Khiem, Hoang Dieu, Ly Thai To, building infrastructure for the residential areas 13 and 14 in Phuoc My ward, residential area 12 in Man Thai ward and some other structures under Component 1, building the Depot of the bus rapid transit (BRT) in the airport area (adjacent to the crossing of Nguyen Tri Phuong and Nguyen Van Linh roads), building BRT at Bau Tram in Hoa Hiep Nam ward, Lien Chieu district under Component 2, building infrastructure for the Hoa Khuong resettlement site under Component 3. During the WB’s supervision mission in May 2015, the mission agreed with the above- mentioned adjustments, simultaneously requested Danang PIIP-PMU to prepare the respective reports, including FS report and additional Environmental – Social Safeguard Policy Reports for submitting to the WB for consideration. Objectives of the Resettlement Plan This Resettlement Plan (RP) prepared for the adjustment items under the Danang Sustainable City Development Project funded by the World Bank. The RP indicated results from collecting census data of the affected people and inventory of affected assets in the project area, the replacement cost surveys, review of entitlements related to any project- related impacts and in the context that Land Law 2013 has been newly established and took effect. In particular, the RP contains the scope of impacts resulting from the land acquisition and resettlement, proposed principles of policies, entitlements and eligibility to compensation, implementation arrangement, monitoring and evaluation, community participation and consultation framework, grievances and redress mechanism. The Resettlement Plan is prepared for the components requiring land acquisition and site clearance under the Danang SCDP. Pursuant to the Contract No.1- 76.TTBVTC/2014/SCDP signed between the Danang PIIP-PMU and Vietnam Investment and Development Consultant Co., Ltd., main contents of the RP include: Firstly, the Consultant completes the RP for remaining adjustment items as in Annex 1 of the Contract No. 1-76.TTBVTC/2014/SCDP (refer to item I in the summary table of adjustment items) Secondly, adjustment items in line with the expansion of the Contract No.1-76. TTBVTC/2014/SCDP (refer to item II in the summary table of adjustment items) IAC Vietnam Page 9 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan The adjustment items of the Danang SCDP are shown in the table below: IAC Vietnam Page 10 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Table 1: Summary of Adjustment Items NO. NAME OF WORKS COMPONENT WARDS/COMMUNES DISTRICT SCOPE I. Work items under Annex 1 of the Contract No. 1-76. Flood protection for population groups 5, 6, - Building drainage system on alleys Ngu Hanh Son 1 7 Son Thuy – Investment in building Ba 1 Hoa Hai ward - Improving and upgrading Ba Bang Nhan and Dang Thai district Bang Nhan and Dang Thai Than roads Than roads Building infrastructure for population group 2 1 Man Thai ward Son Tra district - Building drainage system 12 Building infrastructure for population groups 3 1 Phuoc My ward Son Tra district - Building drainage system 13 and 14 Building infrastructure for the red-clay road 4 1 Phuoc My ward Son Tra district - Improving and upgrading the road section Building Tho Quang – Bien Dong drainage 5 sewer (the section cut out National highway 1 Tho Quang ward Son Tra district - Building drainage system 14B) Building sewers from Le Tan Trung road 6 connecting to Tho Quang – Bien Dong 1 Tho Quang ward Son Tra district - Building drainage system sewers - Dredging odor-proof manholes, repairing degraded and Improvement of Me Linh sewers 1 Thac Gian ward Thanh Khe district defective sewer sections (investment scope similar to 7 inter-ward sewers) Thac Gian and Chinh 8 Sewers from the park 29/3 to Le Do sewers 1 Thanh Khe district - Building sewers aperture (2,0x1,2)m, 30m length Gian wards Building aquaculture wastewater collection 9 sewer on Pham Van Xao road, Tho Quang 1 Tho Quang ward Son Tra district industrial park 10 Improvement of Phu Loc river outlet 1 Hoa Minh ward Thanh Khe district Outlet IAC Vietnam Page 11 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan NO. NAME OF WORKS COMPONENT WARDS/COMMUNES DISTRICT SCOPE Thach Thang, Hai Chau Hai Chau district Improving and upgrading curbs, sidewalk, drainage 2, Nam Duong wards Improvement of drainage sewer on Ong Ich system and manholes 11 1 Khiem road Tan Chinh, Vinh Trung Section from Dong Da to Nguyen Van Linh with total Thanh Khe district wards length of 1,350m. Improving and upgrading curbs, sidewalk, drainage Hai Chau 2 ward Hai Chau district Improvement of drainage system on Hung system and manholes. 12 1 Vuong road Section from Ngo Gia Tu to Ham Nghi with total length of 795m Vinh Trung ward Thanh Khe district Improving and upgrading curbs, sidewalk, drainage Improvement of drainage system on Ly Thai system and manholes 13 1 Thac Gian ward Thanh Khe district To road Improving Section from Le Duan to Hoang Hoa Tham with total length of 355m Improving and upgrading curbs, sidewalk, drainage Hai Chau 2, Phuoc Ninh, Improvement of drainage system on Hoang system and manholes 14 1 Nam Duong, Binh Hien, Hai Chau district Dieu road Section from Phan Chu Trinh to Trung Nu Vuong with Binh Thuan wards total length of 1,600m Improving and upgrading curbs, sidewalk, drainage Hai Chau 1, Phuoc Ninh, Improvement of drainage system on Phan system and manholes 15 1 Nam Duong, Binh Hien, Hai Chau district Chau Trinh Section from Phan Dinh Phung to Trung Nu Vuong with Binh Thuan wards total length of 1,860m Improving and upgrading curbs, sidewalk, drainage Improvement of drainage system on Le Loi Thach Thang and Hai system and manholes 16 1 Hai Chau district road Chau 1 wards Section from Tran Quy Cap to Phan Dinh Phung with total length of 1,200m Building infrastructure for the Hoa Khuong 17 3 Hoa Khuong commune Hoa Vang district Planned area: 84,157 m2 resettlement site IAC Vietnam Page 12 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan NO. NAME OF WORKS COMPONENT WARDS/COMMUNES DISTRICT SCOPE II. Newly adjustment and supplementary works in line with expansion of the Contract No. 1-76. 1 Closing Yen The – Bac Son canal 1 Lien Chieu district Length of 1.83km crossing Trung Nghia residential area Ong Ich Khiem pumping station (anti- 2 flooding pumping station at the end of Ong 1 Thanh Binh ward Hai Chau district Located in sidewalk, near Nguyen Tat Thanh road beach Ich Khiem road) – Thanh Binh ward Building primary, secondary and tertiary An Hai Dong, An Hai Ngu Hanh Son 3 networks and My An, My Khe separated 1 Building sewers on sidewalk Bac, My An wards dist. wastewater collection Investment in phase 2 of the WWTP with capacity of 4 Hoa Xuan wastewater treatment plant 1 Hoa Xuan ward Cam Le district 20,000m3/d.n and enhance capacity by 40.000m3/d.n. Hoa Khanh Bac ward, 5 Lien Chieu wastewater treatment plant 1 Lien Chieu district Hoa Lien commune Drainage canal and isolating green tree spot Hoa Khanh Bac ward 6 (section from Hoa Khanh industrial park to 1 Hoa Hiep Nam ward Lien Chieu district Area of 20,000 m2 Cu De river) Hoa Lien commune Hoa Vang district Building depot for the BRT at the airport 7 area (adjacent cross with Nguyen Tri Phuong 2 Thac Gian ward Thanh Khe district Area of 11,375 m2 and Nguyen Van Linh roads) 8 Building depot for BRT at Bau Tram 2 Hoa Hiep Nam ward Lien Chieu district Area of 28,235 m2 Dien Bien Phu overbridge (interchange of 9 Dien Bien Phu, Nguyen Tri Phuong and Le 2 Chinh Gian ward Thanh Khe district Steel bridge in 129.2m length, 15.5m width Do roads) 60m length, 7m width, 4,5m height Tran Phu road underpass (interchange of 10 2 Hai Chau 1 ward Hai Chau district Approach road in each side in 120m length and 2 frontage Tran Phu, Le Duan and Han river bridge) roads in 3.5m width. IAC Vietnam Page 13 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Scope and Impacts of Land Acquisition According to the engineering design, scope of items (including adjustment and supplementary items) under the Danang SCDP is as follows: During the preparation of the project detailed outline, the Engineering Design Consultant gave out mitigation measures and main work items are proposed within the existing ROW, therefore, several additional works will not require any land acquisition. The works requiring site clearance compensation are mentioned in the Resettlement Plan. The list of following components will require compensation and site clearance of the project. • Component 1: (i) the item of Anti-flooding for population groups 5, 6, 7 Son Thuy – Investment in building Ba Bang Nhan, Dang Thai Than roads in Hoa Hai ward, Ngu Hanh Son district (ii) the item of Building infrastructure for residential area 12 in Man Thai ward, Son Tra district; (iii) the item of Building infrastructure for residential area 13, 14 in Phuoc My ward, Son Tra district. (iv) the item of Building infrastructure for the red-clay road in Phuoc My ward, Son Tra district; (v) Drainage canal and isolating green tree spot (section from Hoa Khanh industrial park to Cu De river) in Hoa Hiep Nam, Hoa Khanh Bac wards, Lien Chieu district and Hoa Lien commune, Hoa Vang district. • Component 2: Building the BRT at the airport area (adjacent to cross with Nguyen Tri Phuong and Nguyen Van Linh roads) in Thac Gian ward, Thanh Khe district and Hoa Thuan Tay ward, Hai Chau district; Building the BRT at Bau Tram in Hoa Hiep Nam ward, Lien Chieu district; • Component 3: Building infrastructure for the Hoa Khuong resettlement site in Hoa Khuong commune, Hoa Vang district, Danang city. Regarding the impacts of the land acquisition on affected households within the project area, there will be a total of 911 affected entities (of which 902 households and 07 organizations (ward/commune people’s committees). Specific data and each category of impacts are shown in the table below (The work item on building sewers from Le Tan Trung road connecting to Tho Quang – Bien Dong sewers haven’t been included here and the DMS for this will be updated during the project implementation ) : Table 2 : Summary of Impacts caused by the Project Contents Unit Volume of impact 1. Affected households: HH : 911 Household members Persons : 4.146 IAC Vietnam Page 14 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Contents Unit Volume of impact Of which : + Households impacted with residential HH : 418 land: + Households impacted with agricultural HH : 484 land + Other land (managed by WPC) HH : 9 + Households impacted with houses HH : 206 2. Affected area m2 : 359,054.0 Of which: : + Residential land area m2 : 58,269.4 + Agricultural land area m2 : 180,822.2 + Transport, irrigation, agricultural land m2 : 119,962.4 (public land) + Affected house area m2 : 7,564 3. No. of relocated households HH : 143 - No. of relocated households under Component 1: Water supply and HH 131 drainage improvements - No. of relocated households under HH 6 Component 2: Development of BRT - No. of relocated households under Component 3: Building infrastructure for HH 6 Hoa Khuong resettlement site 4. Households losing 20% or more agricultural land (or 10% or more for HH : 147 vulnerable households) 5. Affected business households HH : 16 Source: Resettlement Survey, May 2015 Mitigation Measures During the project preparation, a close cooperation between the Engineering Design Consultant and Safeguards Consultant (IAC Vietnam) was established, and through site survey and consultation with affected households, several measures to minimize project’s negative impacts were taken by exploring all alternative designs to achieve project investment efficiency while minimizing the land acquisition, when feasible. IAC Vietnam Page 15 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Concurrently, the mitigation plan for temporary impacts during the construction phase was studied and proposed to avoid or/and minimize these impacts during the project implementation. Policy Framework and Entitlements The basic principle of the RP preparation is that “APs shall be assisted together with their best efforts to better or at least improve their living standards, their earning capacity and productivity to the pre-project level. The lack of legal basis of land use will not bar affected households from entitlements to compensation and/or economic restoration assistance. The affected assets shall be compensated at replacement costs”. The basic principle applied to prepare this RP complies with the RP that was cleared by the World Bank on 21 December 2012 and approved by Danang city People’s Committee under Decision No. 398/QD-UBND on 14 January 2013. The cut-off date for the adjustment items of the Project is defined as the date of approving the Project’s adjustment items and land use boundary planning for the scope of works. The cut-off date for each component of the project will be published by the PMU and local authority to affected persons and local communities. Accordingly, all persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. Resettlement Site Households and individuals whose houses, residential land are totally acquired or remaining area after acquisition is unviable economically or lower than the local land allocation limit, will be allocated with a new land lot in the resettlement site. According to the results of resettlement survey, the demand of resettlement is 229 land lots (of which, 143 lots for affected households and 86 provisional land lots for the number of arising households). At present, the Project has 05 resettlement sites as shown in the table below to serve the relocation and resettlement of the affected households. In addition, the PMU plan to arrange other resettlement sites belonging the city’s land fund (upon demands, expectations of households) to ensure convenience for stabilizing their life. The location for the resettlement sites was finalized in consultation with relocated persons with the prefer option is that resettlement site is built as closed to their old shelter as possible, built according to the planning and construction standards for the urban areas with full basic infrastructures before affected persons move in. IAC Vietnam Page 16 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan List of the project’s resettlement sites Total area No. Resettlement site Land lots (m2) No. of lots (m2) 1 Hoa Lien resettlement site 53,784 28,108 271 2 Northern resettlement site in 74,562 28,995 276 Southern ring road (phase 3a) 3 DT605 resettlement site – phase 2 43,469 23,175 210 4 My Da Tay resettlement site 61,254 31,459 346 5 Hoa Khuong resettlement site 84,157 32,998 208 In addition, to serve resettlement demands of people that resettlement site is built close to their existing shelter, the Project will arrange resettlement sites such as the expanded Man Thai resettlement site in Man Thai ward, Son Tra district, Phuoc My 13, 14 group residential area, Phuoc My ward, Ngu Hanh Son district, 6m road zone in line with resettlement trail from Nguyen Van Linh to Son Tra – Dien Ngoc road, Phuoc My ward, Ngu Hanh Son district, Hoa Hiep 4 resettlement site in Hoa Hiep Nam ward, Hong Phuoc resettlement site in Hoa Khanh Bac ward, Lien Chieu district, Hoa Lien 5 resettlement site in Hoa Lien commune, Hoa Vang district. Livelihood Restoration Program The livelihood restoration program is an important activity of the compensation and resettlement plan. For this project, a vocational training and job introduction program managed by the Danang city Employment Service Centre and Danang Women’s Union has been studied and proposed for the project-affected persons for the purpose of livelihood restoration. Institutional Arrangements The compensation, assistance and resettlement of the Project will be supervised and monitored by the Danang Priority Infrastructure Investment Project Management Unit (Danang PIIP – PMU) and implemented by the Land Fund Development Center (LFDC) of the city. During the project implementation, a close cooperation among staffs of the District Resettlement Committee (DRC), including Chairman of the urban/rural district People’s Committee (DPC) and concerned agencies, the LFDC, the PMU, ward/commune People’s Committees should be established. In short, Danang CPC is responsible for overall resettlement implementation of the project. IAC Vietnam Page 17 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Consultation and Participation Affected persons and communities, were provided timely and fully with information, consulted on resettlement options, and offered with opportunities to participate in planning, implementing, and monitoring the resettlement activities. Appropriate and feasible grievance mechanisms are also established for these groups. In doing so, during the project designing, the local authorities, local mass organizations and about 62 affected households were surveyed by questionnaires, and about 72 households were involved in the prior, free and informed consultations. Information collected during the consultations was not only useful to establish the project resettlement policies but also supported in developing the compensation plans during the project implementation. Monitoring and Evaluation The RP will be implemented under the supervision of the Danang PIIP-PMU. In addition, an independent monitoring agency (IMA) will be employed to monitor the implementation of RP and evaluate the living standards of affected households after their resettlement. Upon completion of the project, the IMA will undertake an assessment to determine whether the objectives of the resettlement policy framework have been achieved or not. If the assessment results reveal that these objectives may not be achieved, the PMU will propose follow-up measures that may serve as the basis for WB to continue the supervision, as the Bank deems appropriate. Grievance and Redress Mechanism In the implementation process of the RP, grievances will be settled in accordance with the procedures set out in the approved RP. The local authorities at all levels and project staffs will resolve APs’ grievances in fair and quick manner. AHs will not pay any administrative charges related to redressing their grievances. In case, the complainants send their grievances to the City People’s Council, the City People’s Council will direct the city People’s Committee to consider and resolve grievances. Grievance redressing time is 30 days since the date the city People’s Council receive grievances. During the time of waiting grievance redressing, including redressing disputes at the Court, the Complainant will hand over the site to project according to the progress. The compensation payment will be sent to bank account for the AHs who do not agree to receive the compensation amount. IAC Vietnam Page 18 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Cost Estimate Total budget for implementing the Resettlement Plan is VND 129,120,000,000 (in words: One hundred twenty nine billion, one hundred and twenty million dong only), equivalent to US$ 6,0 million. This budget included costs of compensation for affected land, assets, structures, livelihood restoration assistance, monitoring, evaluation, administrative management (inclusive of cost of grievance redressing) and contingency. Cost for implementing RP is financed by the counterpart fund of Danang city for the project. IAC Vietnam Page 19 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 1. GENERAL INTRODUCTION 1.1 OVERVIEW ON THE PROJECT 1.1.1 Background Danang is the fourth largest city in Vietnam and the city directly under the Central government. Danang is seen as a future-oriented city with good planning, good management and infrastructure quality higher than other cities. Danang is the most important city in the Central coastal region with an aspiration to become a regional economic center and a gateway to the international markets. The leaders of city authorities committed to building the city into a “green city” by 2025 with the orientation focusing on high technology and tourism development With strategic and critical position, Danang is considered as a priority economic region and principal transport hub of the highway, railway, domestic and international airway as well as an economic, cultural and social center of the Central region and the country. In the regional and international economic context, Danang is a significant sea gateway. In recent years, the city has implemented some projects funded by the World Bank. Particularly, in the period of 1998-2007, the Solid Waste Management Project and the Drainage Improvement Project, the Priority Infrastructure Investment Project (PIIP) with 2 phases have been implemented. Despite several infrastructure improvements, Danang has been facing several difficulties such as flooding, increased pollution of lakes and water resources. The World Bank funding the Danang Sustainable City Development Project (SCDP) that is responsible for furnishing the city with essential urban infrastructures in order to assist rapid expansion of the city. SCDP includes five (05) components, including 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: Construction of new South- West highway route. Component 4: Technical assistance and strengthening capacity in Urban Infrastructure Management; Component 5: Activities transferred from the Danang Sustainable City Development Project (SCDP). Proposed infrastructures will be located in 05 urban districts and one rural district of Danang city. Objective of the Project The development objective of the project is to improve the accessibility of urban people through improvement of the wastewater drainage and collection systems and treatment services, roads, public transport means at the selected areas of Danang city. IAC Vietnam Page 20 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Components of the Project The Project consists of 5 components as follows: - Component 1 - environment improvement and key investment in waste water collection and treatment - Component 2- Public transport: Development of bus rapid transit - BRT - Component 3 - Construction of strategic urban roads - Component 4 – Strengthening capacity in urban infrastructure management - Component 5 – Activities transferred from the Danang SCDP. Up to now, the Danang Sustainable City Development Project (Loan No. 5233 VN) was funded by WB and took effect on 29 July 2013. Accordingly, the construction works are under the progress of detailed designing. Particularly, the first secondary wastewater treatment plant of the city in Hoa Xuan is under construction. However, during the project implementation, there are some adjustments to the stormwater and wastewater drainage systems such as improvement of drainage systems on some roads such as Ong Ich Khiem, Hoang Dieu, Ly Thai To, building infrastructure for the residential areas of population groups No. 13 and 14 in Phuoc My ward, population group 12 in Man Thai ward and some other adjustment structures under Component 1, building the Depot of the bus rapid transit (BRT) in the airport area (adjacent to the crossing of Nguyen Tri Phuong and Nguyen Van Linh roads), building the BRT at Bau Tram in Hoa Hiep Nam ward, Lien Chieu district under Component 2, building infrastructure for the Hoa Khuong resettlement site under Component 3. The Resettlement Plan is prepared for the items related to the land acquisition and site clearance under the Danang SCDP. Pursuant to the Contract No. 1- 76.TTBVTC/2014/SCDP signed between the Danang PIIP-PMU and Vietnam Investment and Development Consultant Co., Ltd., main contents of the RP include: Firstly, the Consultant completes the RP for remaining adjustment items as in Annex 1 of the Contract No. 1-76.TTBVTC/2014/SCDP. Secondly, adjustment items in line with the expansion of the Contract No. 1- 76.TTBVTC/2014/SCDP. The list of adjustment items are shown in the Table 3 bellowed: IAC Vietnam Page 21 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Table 3: List of adjustment work items under the Project NO. NAME OF WORKS COMPONENT WARDS/COMMUNES DISTRICT SCOPE Works under Annex 1 of the Contract No. 1-76. Flooding protection for population groups 5, - Building drainage system on alleys Ngu Hanh Son 1 6, 7 Son Thuy – Investment in building Ba 1 Hoa Hai ward - Improving and upgrading Ba Bang Nhan and Dang Thai district Bang Nhan and Dang Thai Than roads Than roads Building infrastructure for population group 2 1 Man Thai ward Son Tra district - Building drainage system 12 Building infrastructure for population groups 3 1 Phuoc My ward Son Tra district - Building drainage system 13 and 14 Building infrastructure for the red-clay road 4 1 Phuoc My ward Son Tra district - Improving and upgrading the road section Building Tho Quang – Bien Dong drainage 5 sewer (the section cut out National highway 1 Tho Quang ward Son Tra district - Building drainage system 14B) Building sewers from Le Tan Trung road connecting to Tho Quang – Bien Dong 6 1 Tho Quang ward Son Tra district - Building drainage system sewers (DMS will be updated during the project implementation) - Dredging odor-proof manholes, repairing degraded and Improvement of Me Linh sewers 1 Thac Gian ward Thanh Khe district defective sewer sections (investment scope similar to 7 inter-ward sewers) Thac Gian and Chinh 8 Sewers from the park 29/3 to Le Do sewers 1 Thanh Khe district - Building sewers aperture (2,0x1,2)m, 30m long Gian wards Building aquaculture wastewater collection 9 sewer on Pham Van Xao road, Tho Quang 1 Tho Quang ward Son Tra district industrial park IAC Vietnam Page 22 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan NO. NAME OF WORKS COMPONENT WARDS/COMMUNES DISTRICT SCOPE 10 Improvement of Phu Loc river outlet 1 Hoa Minh ward Thanh Khe district Outlet Thach Thang, Hai Chau Hai Chau district Improving and upgrading curbs, sidewalk, drainage 2, Nam Duong wards Improvement of drainage sewer on Ong Ich system and manholes 11 1 Khiem road Tan Chinh, Vinh Trung Section from Dong Da to Nguyen Van Linh with total Thanh Khe district wards length of 1,350m. Improving and upgrading curbs, sidewalk, drainage Hai Chau 2 ward Hai Chau district Improvement of drainage system on Hung system and manholes. 12 1 Vuong road Section from Ngo Gia Tu to Ham Nghi with total length of 795m Vinh Trung ward Thanh Khe district Improving and upgrading curbs, sidewalk, drainage Improvement of drainage system on Ly Thai system and manholes 13 1 Thac Gian ward Thanh Khe district To road Improving Section from Le Duan to Hoang Hoa Tham with total length of 355m Improving and upgrading curbs, sidewalk, drainage Hai Chau 2, Phuoc Ninh, Improvement of drainage system on Hoang system and manholes 14 1 Nam Duong, Binh Hien, Hai Chau district Dieu road Section from Phan Chu Trinh to Trung Nu Vuong with Binh Thuan wards total length of 1,600m Improving and upgrading curbs, sidewalk, drainage Hai Chau 1, Phuoc Ninh, Improvement of drainage system on Phan system and manholes 15 1 Nam Duong, Binh Hien, Hai Chau district Chau Trinh Section from Phan Dinh Phung to Trung Nu Vuong with Binh Thuan wards total length of 1,860m Improving and upgrading curbs, sidewalk, drainage Improvement of drainage system on Le Loi Thach Thang and Hai system and manholes 16 1 Hai Chau district road Chau 1 wards Section from Tran Quy Cap to Phan Dinh Phung with total length of 1,200m Building infrastructure for the Hoa Khuong 17 3 Hoa Khuong commune Hoa Vang district Planned area: 84,157m2 resettlement site IAC Vietnam Page 23 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan NO. NAME OF WORKS COMPONENT WARDS/COMMUNES DISTRICT SCOPE Adjustment works under the Contract No. 1-76. Building primary, secondary and tertiary An Hai Dong, An Hai Ngu Hanh Son 1 networks and My An, My Khe separated 1 Building sewers on sidewalk Bac, My An wards dist. wastewater collection 2 Closing Yen The – Bac Son canal 1 Lien Chieu district Length of 1.83km crossing Trung Nghia residential area Ong Ich Khiem pumping station (anti- 3 flooding pumping station at the end of Ong 1 Thanh Binh ward Hai Chau district Located in sidewalk, near Nguyen Tat Thanh road beach Ich Khiem road) – Thanh Binh ward Investment in phase 2 of the WWTP with capacity of 4 Hoa Xuan wastewater treatment plant 1 Hoa Xuan ward Cam Le district 20,000m3/day.night and enhance capacity by 40.000m3/day night Hoa Khanh Bac ward, Lien Chieu district 5 Lien Chieu wastewater treatment plant 1 Hoa Lien commune Hoa Vang district Drainage canal and isolating green tree spot Hoa Khanh Bac ward Lien Chieu district 6 (section from Hoa Khanh industrial park to 1 Hoa Hiep Nam ward Area of 20,000 m2 Hoa Vang district Cu De river) Hoa Lien commune Building depot for the BRT at the airport 7 area (adjacent cross with Nguyen Tri Phuong 2 Thac Gian ward Thanh Khe district Area of 11,375 m2 and Nguyen Van Linh roads) 8 Building depot for BRT at Bau Tram 2 Hoa Hiep Nam ward Lien Chieu district Area of 28,235 m2 Dien Bien Phu overbridge (interchange of 9 Dien Bien Phu, Nguyen Tri Phuong and Le 2 Chinh Gian ward Thanh Khe district Steel bridge in 129.2m length, 15.5m width Do roads) 60m length, 7m width, 4,5m height Tran Phu road underpass (interchange of 10 2 Hai Chau 1 ward Hai Chau district Approach road in each side in 120m length and 2 frontage Tran Phu, Le Duan and Han river bridge) roads in 3.5m width. Source: Danang SCDP PMU, May 2015 IAC Vietnam Page 24 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan The list of following components will require compensation and site clearance of the project: • Component 1: (i) the item of flood protection for population groups 5, 6, 7 Son Thuy – Investment in building Ba Bang Nhan, Dang Thai Than roads in Hoa Hai ward, Ngu Hanh Son district (ii) the item of Building infrastructure for residential area 12 in Man Thai ward, Son Tra district; (iii) the item of Building infrastructure for residential area 13, 14 in Phuoc My ward, Son Tra district. (iv) the item of Building infrastructure for the red-clay road in Phuoc My ward, Son Tra district. • Component 2: Building the BRT at the airport area (adjacent to cross with Nguyen Tri Phuong and Nguyen Van Linh roads) in Thac Gian ward, Thanh Khe district and Hoa Thuan Tay ward, Hai Chau district; Building the BRT at Bau Tram in Hoa Hiep Nam ward, Lien Chieu district; (v) Drainage canal and isolating green tree spot (section from Hoa Khanh industrial park to Cu De river) in Hoa Hiep Nam, Hoa Khanh Bac wards, Lien Chieu district and Hoa Lien commune, Hoa Vang district. • Component 3: Building infrastructure for the Hoa Khuong resettlement site in Hoa Khuong commune, Hoa Vang district, Danang city. According to the adjustment alternative as indicated in Table 2 above, the Project will require to prepare the FS reports for adjustment items and Safeguards reports (including the Resettlement Plan and Environmental Management Plan). Namely: 1) A Resettlement Plan for adjustment items requiring land acquisition and site clearance under the following components: a) Component 1, b) Component 2, c) Component 3. This RP will be submitted to the WB for reviewing by November 2015. 2) A Resettlement Plan for items requiring land acquisition and site clearance for building the Road DH2 from Hoa Nhon to Hoa Son. This RP is prepared and submitted to the WB separately. 1.1.2 Scope of Services During the project preparation (2012-2013), a RP was prepared for items related to land acquisition of all project components. Accordingly, this report was cleared by WB on 21 December 2012 and approved by CPC of Danang under Decision No. 398/QD-UBND dated 14 January 2013. This RP (applied to adjusted/supplementary items) is prepared on the basis of the approved Resettlement Plan and Resettlement Policy Framework of the SCDP, not replace but reflects adjustment and supplementary items related to the land acquisition and site clearance of the project. IAC Vietnam Page 25 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan The Resettlement Plan is prepared for components related to the land acquisition and site clearance, including: • Component 1: Environment improvement and key investment in waste water collection and treatment. • Component 2: Public transport: Development of bus rapid transit - BRT; • Component 3: Building infrastructure for the Hoa Khuong resettlement site in Hoa Khuong commune, Hoa Vang district, Danang city. The construction of proposed infrastructures may cause negative social impacts, therefore, a special attention should be paid to people affected by involuntary land acquisition. Although losses of individual households may vary from very large to minor, the fact is that many households may be affected and need to be relocated. Therefore, it is required to prepare an appropriate Resettlement Plan (RP) in accordance with the requirements of the World Bank’s Operational Policy (OP 4.12) on Involuntary Resettlement and Policies of Gov. During the preparation and implementation of RP, three following basic principles will be applied: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (c) Affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Specific series of steps leading to the preparation of an acceptable RP are presented as following: a. Initially, consult with the FS consultant(s) of the project, review the required parameters of project design to determine the categories of impacts which are likely to occur, so as to enable the FS consultant to develop, where possible, appropriate measures to minimize the impacts suitably with the Basic Designs; IAC Vietnam Page 26 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan b. Once Basic Designs have been agreed and boundaries of project components requiring land acquisition are known, undertake a census 2 of all AP (with 100% coverage). The census should not only enumerate the number of affected persons and households, but also collect socio-economic data to establish a socioeconomic baseline for the APs. The RP shall present a summary of all data which is relevant to socio-economic survey (SES) and Inventory of Losses (IOL) in the Annex 5. c. Undertake an inventory of assets in line with the subcomponent boundaries (both totally and partially affected assets). d. Hold consultations with key stakeholders to obtain inputs for preparing the RP. Consultations with stakeholders will enhance ownership, facilitate the approval procedures and ensure ease of implementation. e. Conduct a market price survey to determine replacement cost for affected land and assets. f. Make estimate of the replacement costs of compensation, assistance and resettlement. 1.2 SURVEY AND METHODOLOGY This RP is prepared for items requiring land acquisition and site clearance under the project established on the basis of experiences learnt from the approved Resettlement Plan and Resettlement Policy Framework of the SCDP, using methodology and information collection instruments of previous reports. During the period from 26 May 2015 to 12 June 2015, the Consultant team carried out a socio-economic survey3 and survey of affected land and assets in the project wards, including Hoa Hai ward (Ngu Hanh Son district) and Thac Gian ward (Thanh Khe district), Hoa Thuan Tay ward (Hai Chau district) and Hoa Khuong commune (Hoa Vang rural district), Danang city. Accordingly, about 10% of affected persons (62 households) participated in the socio- economic survey and replacement cost survey, 100% of surveyed affected persons (902 households) participated in the public consultation meetings to discuss their perspective of replacement cost. The census results are shown in Section 3. The socio-economic profile is shown in Section 4. Public consultation results are shown in Section 10 of this Report. 2 The census/inventory should provide details of assets owned or held, and precise amounts of assets to be acquired on a temporary or permanent basis from every affected household for the project, as well as data on the social and economic status and occupations of all APs. 3 Using socio-economic questionnaire for Danang SCDP IAC Vietnam Page 27 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 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 impacts, mitigation measures and/or reasonable compensation should be applied to AHs. The resettlement and land acquisition impacts should be minimized. The project Engineering Consultant, PIIP PMU and other authorities have made efforts to minimize impacts on land acquisition since the stage of project design and completion of the investment project; therefore, the scope of resettlement impacts is minimized to the lowest level. Unavoidable impacts of the land acquisition are caused by the necessity of land acquisition for the construction of the following works under Components 1, 2 and 3. Broad consultations between the project's resettlement specialists and local authorities, mass organizations and especially households who may be affected by the project, were organized to provide information on project objectives, potential impacts and proposed mitigation measures. Attempts were made to minimize the relocation of households from their existing shelters. 2.2 MITIGATION MEASURES OF IMPACTS In the project design process, the PMU closely coordinated with the project preparation consultant and resettlement specialists in an effort to mitigate project impacts. However, impacts on land acquisition and site clearance are unavoidable for the construction of work items under the Project. Therefore, in order to minimize impacts on these households, including those whose houses are partially or indirectly affected during the construction, the following mitigation measures are proposed: 1. Firstly. the first action of project impact mitigation is to help households get information locations and benefits of the project as well as estimated impacts in order to establish together a suitable policy framework for minimizing impacts. The public consultations were carried out 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 consultation 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 locality. 2. Secondly, the component of building infrastructure for the Hoa Khuong resettlement site (Hoa Vang district) will cause impacts on many households. Therefore, during the identification of planning location and preliminary design, an IAC Vietnam Page 28 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan appropriate technical plan has been proposed to avoid existing residential areas. Avoiding 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 guaranteeing restoration of the damages at least will be given in consistent with objectives of OP4.12 of the World Bank and GoV’s policies on compensation, assistance and resettlement. Besides, the irrigation system, local roads are also affected; which can cause temporary flood to some residential areas. Consequently, many mitigation measures are provided right at the pre-design (intersections, work scale which meet local needs, method to prevent agricultural waste, straw which blocked the sewer). The newly formed low-lying areas also provide appropriated drainage solutions based on areas are surveyed for appropriate mitigation measures 3. Thirdly, related to the land acquisition and in-site resettlement for households who are living in the project area, several rounds of broad consultations with local authorities and affected persons were carried out in terms of their temporary residence (during the phase of building infrastructure for the resettlement site), relocation and income restoration for households to discuss and give out appropriate solutions. 4. Fourthly, where it was not possible to avoid temporary impacts on private assets during the implementation phase, appropriate mitigation measures and compensation regime was established to ensure restoration of affected assets in accordance with the Project’s policies. 5. Fifthly, during the construction, there will be negative impacts on the local people in the project area. Therefore, some mitigation measures of impacts during the construction will be applied, including successive construction and absolute completion of sections, and affected households will be informed of the construction schedule. 6. Finally, several meetings were held with the technical group to determine locations of the civil works, public works with the design alternatives to mitigate or avoid impacts and establish criteria for mitigating impacts during the construction such as developing labor safety plans (when constructing near residential areas), making proper arrangements of materials and instruments (project sign boards, partitions with residential areas, etc.), and preparing construction schedule to minimize temporary impacts. IAC Vietnam Page 29 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 3. IMPACTS OF LAND ACQUISITION 3.1 OVERVIEW ON LAND ACQUISITION A census, including preliminary survey and calculation of affected volume was conducted for the project-affected persons to determine the losses of land and fixed assets such as structures, trees, livelihoods and access to community resources due to the land acquisition for implementing the project. The project’s impacts are summarized in the table bellowed (The work item on building sewers from Le Tan Trung road connecting to Tho Quang – Bien Dong sewers haven’t been included here and the DMS for this will be updated during the project implementation): Table 4: Summary of Project’s Impacts IMPACTS OF LAND ACQUISITION (#HH) No. Works Wards Resi. Agri. Public Total land Land land A Affected households (HHs) The works under Component 1 1: Water supply and drainage 379 361 6 746 improvements Flooding protection for residential areas 5, 6, 7 Son Thuy – Investment in building a Hoa Hai 117 1 1 119 Ba Bang Nhan, Dang Thai Than roads in Hoa Hai ward, Ngu Hanh Son district + Partially affected residential 117 land + Loss below 20% of 1 agricultural land Public land 1 + Affected business 4 Building infrastructure for b residential area 12 in Man Man Thai 19 1 20 Thai ward, Son Tra district + Fully affected residential 2 land + Partially affected residential 17 land Public land 1 Building infrastructure for residential areas 13, 14 in c Phuoc My 52 26 1 79 Phuoc My ward, Son Tra district + Fully affected residential 10 land + Partially affected residential 42 land + Losing 20% or more total 26 agricultural land IAC Vietnam Page 30 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IMPACTS OF LAND ACQUISITION (#HH) No. Works Wards Resi. Agri. Public Total land Land land Public land 1 Building infrastructure for the d red-clay road in Phuoc My Phuoc My 58 58 ward, Son Tra district + Fully affected residential 2 land + Partially affected residential 56 land Public land Hoa Hiep Drainage canal and isolating Nam ward, green tree spot (section from Hoa Khanh e 133 334 3 470 Hoa Khanh industrial park to Bac ward, Cu De river) Hoa Lien commune + Fully affected residential 113 land + Partially affected residential 20 land + Losing below 20% total 301 agricultural land + Losing 20% or more total 33 agricultural land Public land 3 + Business losses 10 Thac Gian Building the bus rapid transit 2 Hoa Thuan 8 2 10 (BRT) at the airport area Tay + Fully affected residential 6 land + Partially affected residential 2 land Public land 2 Building the bus rapid transit Hoa Hiep 3 8 8 (BRT) at Bau Tram Nam + Losing 20 or more total 0 agricultural land + Losing less than 20% of 8 agricultural land Public land Building infrastructure for Hoa 4 31 115 1 147 Hoa Khuong resettlement site Khuong + Fully affected residential 6 land + Partially affected residential 25 land IAC Vietnam Page 31 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IMPACTS OF LAND ACQUISITION (#HH) No. Works Wards Resi. Agri. Public Total land Land land + Losing 20 or more total 88 agricultural land + Losing less than 20% of 27 agricultural land + Affected business 2 Public land 1 Sub-total A 418 484 9 911 B Affected area (m2) The works under Component 1 1: Water supply and drainage 124,683.6 73,125.3 235,143.1 37,334.2 improvements Flooding protection for residential areas 5, 6, 7 Son Thuy – Investment in building a Hoa Hai 3,947.5 8.5 15,542.0 19,498.0 Ba Bang Nhan, Dang Thai Than roads in Hoa Hai ward, Ngu Hanh Son district Building infrastructure for b residential areas 12 in Man Phuoc My 444.6 309.8 754.4 Thai ward, Son Tra district Building infrastructure for residential areas 13, 14 in c Phuoc My 2,326.2 5,903.4 1,247.8 9,477.4 Phuoc My ward, Son Tra district Building infrastructure for the d red-clay road in Phuoc My Man Thai 118.5 5,715.4 5,833.9 ward, Son Tra district Hoa Hiep Drainage canal and isolating Nam ward, green tree spot (section from Hoa Khanh e 118,771.7 50,310.3 199,579.4 Hoa Khanh industrial park to Bac ward, 30,497.4 Cu De river) Hoa Lien commune Thac Gian Building the bus rapid transit 2 Hoa Thuan 668.2 10,685 11,353.2 (BRT) at the airport area Tay Building the bus rapid transit Hoa Hiep 3 988.7 27,412 28,400.7 (BRT) at Bau Tram Nam Building infrastructure for Hoa 4 20,267 55,149.9 8.740,1 84,157.0 Hoa Khuong resettlement site Khuong Sub-total B 58,269.4 180,822.2 119,962.4 359,054.0 Source: Resettlement Survey, May 2015 Affected households as mentioned above are eligible to compensation for affected land and assets and provided with assitance according to the Project’s Resettlement Policy. Specific assistances are mentioned in Section 5 herein. IAC Vietnam Page 32 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 3.2 SUMMARY OF ACQUISITION OF LAND AND OTHER ASSETS 3.2.1 Impacts of residential land acquisition Regarding the proposed work items, it is estimated 418 households in 09 wards/communes to be impacted with residential land and fixed assets. Level of impacts on residential land is shown in the table bellowed: Table 5: Summary of Affected Residential Land No. of AHs Affected No. Works Wards area (m2) Partially Wholly Total The works under Component 1: Hoa Hai Phuoc My 1 Water supply and drainage 248 131 379 Man Thai 37,334.2 improvements Anti-flooding for residential areas 5, 6, 7 Son Thuy – a Investment in building Ba Bang Hoa Hai 113 04 117 3,947.5 Nhan, Dang Thai Than roads in Hoa Hai ward, Ngu Hanh Son district infrastructure for Building b residential area 12 in Man Thai Phuoc My 17 2 19 444.6 ward, Son Tra district Building infrastructure for c residential areas 13, 14 in Phuoc Phuoc My 42 10 52 2,326.2 My ward, Son Tra district Building infrastructure for the d red-clay road in Phuoc My Phuoc My 56 2 58 118.5 ward, Son Tra district Drainage canal and isolating Hoa Hiep Nam green tree spot (section from ward, Hoa Khanh e 20 113 133 30,497.4 Hoa Khanh industrial park to Bac ward, Hoa Lien Cu De river) commune Building the bus rapid transit 2 Thac Gian 2 6 8 668.2 (BRT) at the airport area Building infrastructure for Hoa 3 Hoa Khuong 25 6 31 20,267 Khuong resettlement site Total 275 143 418 58,269.4 Source: Resettlement Survey, May 2015 According to the above table, a total of 418 households are impacted with a total of 58,269m2, of which 279 households are partially affected and 139 households need to be relocated due to the construction of the works: a) Building infrastructure for the Hoa Khuong resettlement site (Hoa Vang district); b) supplementary items under Component 1: IAC Vietnam Page 33 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Water supply and drainage improvements; and c) Component 2: Urban traffic road: Development of the bus rapid transit (BRT). All of 275 households partially affected have their remaining residential land area of 60m2, which satisfies the standard stipulated by the city’s PC. According to the survey results, average residential land area of each households in the project area of building infrastructure for the Hoa Khuong resettlement site is about 700 - 800m2/HH4. The table 2 also indicates each household in Hoa Khuong commune will be impacted with average area of about 653m2/household. At the supplementary works under Component 1: Households impacted with residential land by Component 1 are mainly concentrated in the drainage canal and isolating green tree spot (section from Hoa Khanh industrial park to Cu De river). Through the survey at Hoa Khanh Bac ward, this area was previously agricultural land with few households living here. After that, households from other places moved in for leveling ground, occupying and improving agricultural land to convert into residential land. Through the survey at the construction area of building the BRT at the airport area in Thac Gian ward, Thanh Khe district, local people mainly are working at Danang airport or public servants at state agencies. Therefore, the relocation will not affect much their life. When being informed of the construction planning of the BRT, households generally supported the project and willing to hand over the site for the construction. Out of 418 households having their residential land affected, 139 households are fully affected on structures and the other 65 households are partially affected on structures. 3.2.2 Impacts on Agricultural Land As stated in the table bellowed, it its estimated that a total of 300,784.6 m2 of agricultural land, including 180,822.2 m2 owned by 484 households and 119,962.4m2 managed by 09 organizations (public land of Ward/Commune People’s Committees) will be acquired. Of which 147 households are impacted with 20% or more of agricultural land area and no vulnerable household is found during the census. Table 6: Summary of Affected Agricultural Land No. of AHs (HH) Affected area No. Works Wards < 20% > 20% Total (m2) The works under Component Hoa Hai 1 1: Water supply and drainage Phuoc My 302 59 361 124.683,6 improvements Man Thai 4 Average rural residential land area shown bellowed is calculated on the basis of total average residential land area of households according to the results of IOL of households in the project area. IAC Vietnam Page 34 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Anti-flooding for residential areas 5, 6, 7 Son Thuy – a Investment in building Ba Hoa Hai 1 8,5 Bang Nhan, Dang Thai Than roads in Hoa Hai ward, Ngu Hanh Son district Building infrastructure for b residential area 12 in Man Phuoc My Thai ward, Son Tra district Building infrastructure for c residential areas 13, 14 in Phuoc My 26 5.903,4 Phuoc My ward, Son Tra district Building infrastructure for the d red-clay road in Phuoc My Man Thai ward, Son Tra district Hoa Hiep Drainage canal and isolating Nam ward, green tree spot (section from Hoa Khanh e 301 33 118.771,7 Hoa Khanh industrial park to Bac ward, Cu De river) Hoa Lien commune Building the bus rapid transit 2 Thac Gian 8 8 988,7 (BRT) at the airport area Building infrastructure for 3 Hoa Khuong 27 88 115 55.149,9 Hoa Khuong resettlement site Total 337 147 484 180.822,2 Source: Resettlement Survey, May 2015 According to the results in the table above, the volume of impacts caused by the building infrastructure for the Hoa Khuong resettlement site is mainly agricultural land. The remaining agricultural land area of all 337 households having their agricultural land partially affected is viable to use. Households stated that their family members are engaged in agricultural production; however it is a subsidiary occupation but not their primary income source. Only middle- aged or older generation (those who are 50 years old or above) lives on agricultural production because they are engaged for years, and eventually they have more leisure time. For the younger generation, their incomes are usually from employment in factories/offices (mainly in nearby industrial zones in the city and Hoa Vang district), small workshops and also free laborers (drivers, services). These are primary income sources for their families, at this time. Survey results of affected household losing 20% or more of their total agriculture land in communes/wards indicated that their livelihood is not agricultural based income, because IAC Vietnam Page 35 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan their younger generation, normally working in the service and trading sector, and they work for agricultural production only in the leisure time or only small period of time. Therefore, when asked about income restoration measures (those who are producing agriculture), all of them indicated the better idea for them now is that appropriate compensation payment, and probably some more subsistence assistances would enable them to recover their losses (resulted from acquisition of agricultural land). 3.2.3 Impacts on Housing The optimal design alternatives to minimize and avoid adverse impacts caused by land acquisition on households are included in the project design, but impacts on land acquisition and site clearance, especially for housing, are unavoidable in some areas for building infrastructure for the Hoa Khuong resettlement site (Hoa Vang district) and supplementary items under Component 1: Improvement of water supply and drainage system, Drainage canal and isolating green tree spot (section from Hoa Khanh industrial park to Cu De river) and Component 2: Public traffic: Development of bus rapid transit. As nature and large construction scale of the drainage system connecting canal, the transit station and resettlement site, impacts on housing are relatively significant, almost totally affected (100%) or affected main structures of housing, leading to impacts on whole area of house. Through the survey results, houses in the project area are mainly houses grade 4 and some temporary houses (semi-permanent houses) as the planning was informed for a long time. Specific level of impact on housing is shown in the table bellowed: Table 7: Summary of Affected Housing No. of Ahs (HH) Affected No. Works Wards area Partially Fully Total (m2) The works under Component 1: 1 Water supply and drainage 54 127 181 5.945 improvements Flooding protection for residential areas 5, 6, 7 Son Thuy – Investment a in building Ba Bang Nhan, Dang Hoa Hai Thai Than roads in Hoa Hai ward, Ngu Hanh Son district Building infrastructure for residential b area 12 in Man Thai ward, Son Tra Phuoc My 19 2 21 445 district Building infrastructure for residential c areas 13, 14 in Phuoc My ward, Son Phuoc My 14 10 24 1.468 Tra district Building infrastructure for the red- d Man Thai 11 2 13 118 clay road in Phuoc My ward, Son Tra IAC Vietnam Page 36 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan No. of Ahs (HH) Affected No. Works Wards area Partially Fully Total (m2) district Hoa Hiep Nam ward, Drainage canal and isolating green Hoa e tree spot (section from Hoa Khanh Khanh Bac 10 113 123 3.914,5 industrial park to Cu De river) ward, Hoa Lien commune Building the bus rapid transit (BRT) 2 Thac Gian 2 6 8 474 at the airport area Building infrastructure for Hoa Hoa 3 11 6 17 1.145 Khuong resettlement site Khuong TOTAL 67 139 206 7.564 Source: Resettlement Survey, May 2015 The survey showed that 67 houses are partially affected, of which, no houses are severely affected on structures. As stipulated, the compensation rate for structures is applied at the replacement cost including allowance for repairing houses for the affected households. 3.2.4 Impacts on Structures/ Architectural Facilities The table 5 bellowed indicates impacts on structures/architectural facilities due to the project, namely: Table 8: Summary of Affected Structures/Architectural Facilities Volume of affected structures Wate Gate No. Works Wards Toilet Wall Yard r Tomb pier (m2) (m2) (m2) tank (pcs) (m3) (m3) The works under Hoa Hai 1 Component 1: Water supply Phuoc My 1,121 3,957 11,565 32 132 10 and drainage improvements Man Thai Anti-flooding for residential areas 5, 6, 7 Son Thuy – a Investment in building Ba Hoa Hai Bang Nhan, Dang Thai 1,221 3,906 Than roads in Hoa Hai ward, Ngu Hanh Son district Building infrastructure for b residential area 12 in Man Phuoc My 2 139 167 Thai ward, Son Tra district c Phuoc My 10 Building infrastructure for IAC Vietnam Page 37 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan residential areas 13, 14 in 349 1,885 Phuoc My ward, Son Tra district Building infrastructure for d the red-clay road in Phuoc Man Thai 2 180 522 My ward, Son Tra district Hoa Hiep Drainage canal and isolating Nam ward, green tree spot (section from Hoa Khanh e 1,121 2,068 5,085 32 118 10 Hoa Khanh industrial park Bac ward, to Cu De river) Hoa Lien commune Building the bus rapid 2 transit (BRT) at the airport Thac Gian 143 221 6 area Building infrastructure for Hoa 3 Hoa Khuong resettlement 15 189 436 8 8 4 Khuong site TOTAL 1,136 4,289 12,221 40 146 14 Source: Resettlement Survey, May 2015 For structures/architectural facilities partially affected, the CRC will consider compensation for the remaining area if the structures/architectural facilities are no longer usable. 3.2.5 Impacts on Trees and Crops In the Project, there are not many impacts on trees, crops because the project is mainly located in urban areas or located along two sides of the roads. Through the survey, there are some affected trees including fruit trees and timber trees, but the impacts are minor. According to the inventory results, 130 fruit trees, 192 shade trees, 30 ornamental plants and about 300,784.6 m2 of crops (paddy) are affected by the project. The summary of affected trees and crops is shown in the table below: Table 9: Summary of Impacts on Trees and Crops Impacts on trees and crops Ornam Fruit Shade No. Works Wards ental Crops tree tree tree (m2) (tree) (tree) (tree) Hoa Hai The works under Component 1: Water 1 Phuoc My 81 105 16 197,808.9 supply and drainage improvements Man Thai Anti-flooding for population groups 5, 6, 7 Son Thuy – Investment in a building Ba Bang Nhan, Dang Thai Hoa Hai 5 10 6 15,550.5 Than roads in Hoa Hai ward, Ngu Hanh Son district IAC Vietnam Page 38 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Building infrastructure for population b group 12 in Man Thai ward, Son Tra Phuoc My 10 12 309.8 district Building infrastructure for population c Phuoc My 15 18 7,151.4 groups 13, 14 in Phuoc My ward, Son Tra district Building infrastructure for the red-clay d road in Phuoc My ward, Son Tra Man Thai 16 20 5,715.4 district Hoa Hiep Nam ward, Drainage canal and isolating green Hoa Khanh e tree spot (section from Hoa Khanh 35 45 10 169,082,0 Bac ward, industrial park to Cu De river) Hoa Lien commune Thac Gian Building the bus rapid transit (BRT) at 2 Hoa Thuan 4 12 5 10,685 the airport area Tay Building the bus rapid transit (BRT) at Hoa Hiep 3 20 15 3 28,400.7 Bau Tram Nam Building infrastructure for Hoa Hoa 4 25 60 6 63,890 Khuong resettlement site Khuong TOTAL 130 192 30 300,784.6 Source: Resettlement Survey, May 2015 3.2.6 Impacts on Income and Business Through the survey at the project area, it is estimated that 02 business households will be impacted by the item of building infrastructure for the Hoa Khuong resettlement site (Hoa Vang district) and 04 small business households will be impacted by the item of building works for anti-flooding for residential areas 5, 6, 7 Son Thuy – investment in building Ba Bang Nhan, Dang Thai Than roads, but not required to relocate. These households will be temporarily business affected during the construction. In the affected area of the works of the drainage canal and isolating green tree spot (section from Hoa Khanh industrial park to Cu De river), the survey results showed that about 10 small business and service households will be affected by the project. Generally, households have no business registration certificate and income from business is not their primary income source. The Da Nang City RC will submit to the Da Nang City PC for a lump-sum assistance paid one-time for income losses during the project implementation based on the entitlement matrix in this RAP. IAC Vietnam Page 39 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 3.2.7 Impacts on Tombs and other Cultural Works The area of building infrastructure for the Hoa Khuong resettlement site will affect fence and yard of one ancestor temple but not require to be relocated. In addition, 04 tombs which are scrattered in the project area are required to be relocated. At the building area of the Drainage canal and isolating green tree spot (section from Hoa Khanh industrial park to Cu De river), the survey results showed that about 10 tombs scattered in gardens and fields will be affected. Accoring to the results of consultations with households and local authorities of project communes/wards, they agreed to relocate tombs as well as fence and yard of the ancestor temple. All local people and authorities supported the project and willing to relocate tombs to the city cemetery if they receive adequate assistances. 3.2.8 Temporary Impacts Despite of measures to minimize resettlement impacts, the project would cause, during the construction, temporary impacts, or temporarily limited access to shops, houses and other structures along road sides. It is estimated about 35 business households to be temporarily affected during the construction. In addition, there would be also small impacts on fencing wall, fences and other fixed assets during the construction phase. These impacts will be identified and compensated/supported, following the provisions in the approved RPF. The construction works are estimated to affect some public works such as electric posts, underground works of the concerned units. Following the RPF, all affected public works will be repaired, rebuilt and restored. IAC Vietnam Page 40 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 4. SOCIO-ECONOMIC PROFILE 4.1. General Information about Danang City Danang city is located strategically in the middle point of Vietnam. Danang borders Thua Thien-Hue province to the north, Quang Nam province to the south and the west, and the Eastern Sea to the east. It is 759km far from Hanoi to its north and 964km from Ho Chi Minh City to its south. Danang is the largest traffic node of the central Vietnam in terms of railways, waterways and highway (National highway 1A and 14B) together with international airway. The total area of Danang city is about 1,283 km2, of which the urban area is 241.51 km2. The city has 06 urban districts including Hai Chau and Thanh Khe, Son Tra and Ngu Hanh Son, Lien Chieu and Cam Le and 02 suburban districts including Hoa Vang and Hoang Sa. The total population of Danang city in 2011 was 951,929 people, of which the population in the urban area was 829,435 people (accounting for 87%) and that in the suburban districts was 122,494 (accounting for 13%). The number of employees in 2011 was 496,200 people, including 37,914 technicians, 26,039 skilled workers who graduated from high schools, colleges and universities and 432,247 employees working for other sectors. The labor structure is divided by sectors as follows: 1. Agriculture, forestry and fisheries : 38,830 employees, accounted for 7.8% 2. Industry and construction : 130,929 workers, accounted for 26.4% 3. Services : 223,838 accounted for 45.1% 4. Others : 20.7%. In recent years, Danang has paid a special attention to development of the infrastructures and services. The city traffic system is furnished with not only highway but also international airports, sea ports and the national railway. The inner and outer traffic network is constantly being expanded, upgraded and newly built. 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 roads, Hai Van tunnel, Han river bridge, Tuyen Son and Thuan Phuoc bridges, create favorable conditions for transportation and tourist development but also create landscape and basically change the appearance of the most bustling urban center in the Central region of 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%. IAC Vietnam Page 41 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Danang is one of the largest education and training centers of the Central-Highland region 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 pre- school to high school level. Danang has 19 general hospitals and specialized clinics, 11hospitals and health care 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 Medical Technical University in the city, Danang is orientating to become a major medical center of the Central - Highland region and the whole country, providing high quality human resources and health services for the socio-economic development of the country. 4.2. Socio-economic Characteristics of the Project Area The adjustment items of the SCDP will be implemented in 5 urban districts and 01 rural district of Danang city. However, the items involved in site clearance compensation in 09 wards/communes of Ngu Hanh Son, Thanh Khe, Hai Chau, Lien Chieu urban district and Hoa Vang rural district. Among 9 wards/communes above mentioned, the Consultant conducted socio-economic survey and prepared the socio-economic assessment report in the phase of preparing the Project (from 2012 to 2014). Therefore, the socio-economic survey for serving the preparation of this RP will be conducted in supplementary wards/communes during the adjustment phase. According to the survey results, the components of the Danang SCDP are implemented in 5 communes/wards, including Hoa Hai (Ngu Hanh Son district), Thac Gian (Thanh Khe district), Hoa Thuan Tay (Hai Chau district), Hoa Hiep Nam (Lien Chieu) and Hoa Khuong commune (Hoa Vang district). The implementation of project will directly affect land, trees, crops, housing and structures in 05 project communes/wards. Socio-economic profile is shown in the table bellowed: Table 10: Population and Population Density of Project Wards/Communes Area Population Density No. Communes/wards District (Km2) (persons) (persons/km2) 1 Hoa Hai Ngu Hanh Son 14.16 23,225 1,600 2 Thac Gian Thanh Khe 0.77 18,098 23,503 3 Hoa Khuong Hoa Vang 50.87 12,975 236 4 Hoa Thuan Tay Hai Chau 8.33 12,652 1,519 5 Hoa Hiep Nam Lien Chieu 7.49 14,555 1,943 Total 81.62 81,505 3,245 Source: Resettlement Survey, May 2015 IAC Vietnam Page 42 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 4. 3 Socio-economic Profile of Affected Households 4.3.1. Scope of survey Regarding impacts of land acquisition of the project, there are a total of 273 affected objects (including 268 households and 05 organizations (the People’s Committees of wards/communes)) in Hoa Hai, Thac Gian, Hoa Thuan Tay, Hoa Hiep Nam wards and Hoa Khuong commune. In Hoa Thuan Tay ward, affected land area is managed by the ward People’s Committee and there are no households having their land affected. In Hoa Hiep Nam ward, there are two households to be impacted with agricultural land with relatively minor acquired area. Therefore, during the period of May and June 2015, the Resettlement Consultant team carried out a socio-economic survey for 62 AHs (accounting for about 23% of total AHs). Out of 62 households affected, 38 households are severely affected, accounting for 61.3% (of which, 22 households lose their land and house, 16 households lose more than 20% of agricultural land) and 24 households are not affected severely, accounting for 40.63% in wards/communes of affected households. The specific scope of survey in the project area is shown in the table below: Table 11: Scope of Socio-economic Survey in Project Area No. Communes/wards Districts No. of surveyed households 1 Hoa Hai Ngu Hanh Son 18 2 Thac Gian Thanh Khe 7 3 Hoa Khuong Hoa Vang 37 Total 62 Source: Resettlement Survey, May 2015 Selection of households for the socio-economic survey is based on scope of impacts of the land acquisition, losses of agricultural land, residential land, resettlement and business households. Beside the consultations with the local authorities and affected households, the Consultant carried out the socio-economic survey for affected households. 4.3.2. Demographic Characteristics of Households According to the results of survey for 62 directly affected households (partially or wholly) in the project area, total household members is 285 persons, including 151 male and 134 female. All of them are Kinh people without presence of any ethnic minority in the project area. Household size is 4.6 persons/HH. Most of households have from 3 to 5 members, accounting for 66.3%. It is followed by households with 2 members, accounting for 17.2% and households from 6 to 9 members, accounting for 12.7%. The number of single households (with only one member) accounts for 2%. IAC Vietnam Page 43 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 4.3.3. Education level According to data of survey for 62 directly affected households (partially or wholly) in the project area, most of AHs have relatively high education level. The rate of household members graduating secondary school accounts for 32.2%, upper secondary school 38.7%, college/university 16.1%, post-university 3.2% and illiterate/not go to school 1.6%. Table 12: Education level of affected households No. Education level Quantity Percent (%) (persons) 1 Illiterate 1 1.6% 2 Primary school 5 8.2 % 3 Secondary school 20 32.2 % 4 Upper secondary school 24 38.7 % 5 College/university 10 16.1 % 6 Post-university 2 3.2% Total 62 100% Source: Resettlement Survey, May – June 2015 Figure 1: Chart of Education Level of Respondents Source: Resettlement Survey, May 2015 IAC Vietnam Page 44 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 4.3.4. Income and Expenditure According to the census, among 62 surveyed affected head of households, 36 people (accounting for 54.8%) have primary income source from agriculture (cropping, industrial trees and cattle raising), 9 people (14.4%) have income from business and trading, while 10 people (16.1%) have primary income from wage of public servants. Some households have income mainly from other occupations such as hired labor and workers. Generally, income of the head of households is diversified among localities. Table 13: Primary income sources of household heads by wards/communes (%) Communes/Wards Occupations Total Hoa Hai Thac Gian Hoa Khuong Quantity 10 0 24 34 Agriculture Percent 55.6% 0% 64.8% 54.8% Quantity 1 0 2 3 Aquaculture Percent 5.6% 0% 5.4% 4.8% Quantity 4 0 2 6 Business - service Percent 22.2% 0% 5.4% 9.6% Quantity 2 7 6 15 Public servants Percent 11% 100% 16.2% 24.1% Quantity 10 0 3 4 Worker Percent 5.6% 0% 8.2% 6.7% Quantity 0 0 0 0 Other occupation Percent 0% 0% 0% 0% Quantity 18 7 37 62 Total Percent 100% 100% 100% 100% Source: Resettlement Survey, May 2015 In addition, the survey results showed that about 73.5% of household heads also have other income sources from mason or freelance labor, etc. Therefore, in the fact, the number of households with primary income source from agriculture is minor. The survey results showed that households in Hoa Khuong commune stated that their families have members engaged in agricultural production as secondary income source other than primary one. The survey results show that most of households in Hoa Hai and Thac Gian wards have at least two income sources. Households with income from spouses of which the wives’ IAC Vietnam Page 45 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan income come from small business and the husbands’ income come from unskilled labor or services (driving). Several households have from 3-4 income sources such as business, hired labor or pension. Income from agricultural production has insignificant density in income source structure of the households, with a proportion of 3.5%. Figure 2: Chart of Income Source Structure of Households Source: Resettlement Survey, May - June 2015 Income level: According to results of the socio-economic survey for affected households, their income mainly falls into group with income over 70 million dong/HH/year (64.5%). According to the average household size of 4.6 persons/household, average income of each household member is about 1.5 million per month and more. In comparison with households living in Hoa Hai, Thac Gian wards, households in Hoa Khuong commune have lower monthly average income level. The rate of households with income of 45-70 million dong/year equivalent to VND800,000 to approximate 1.5 million dong/person/month is 35.5%. Thus, average income of local people is estimated about 52 million dong/HH/year and monthly average income per capita is 1,150,000 dong/person/month. Table 14: Classification of Households by Income (#HH) Classification of Households by Income Total No. Communes/Wards Well-off Average Poor Hoa Hai 10 8 0 18 1 Thac Gian 4 3 0 7 2 Hoa Khuong 8 29 0 37 3 Total 22 40 0 62 Source: Resettlement Survey, May 2015 IAC Vietnam Page 46 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Expenditure: According to the survey results, highest expenditure level of households varies from 45 to 70 million dong/HH/year, accounting for 60.6%. It is followed by expenditure of 70 million dong/HH/year, accounting for 39.4%. Expenditure level below 35 million dong/HH/year is zero percent. With this expenditure level, most of surveyed households stated that they have no saving. 4.3.5. Living conditions and Furniture of Households Living conditions: Under Decision No. 09/2011/QD-TTg, average income of urban poor households is from 500,000 VND/person/month (6,000,000 VND/person/year) and less. Average income of urban near-poor households is from 501,000 to 650,000 VND/person/month. According to the above criteria, the poverty rate of Danang in 2014 was 0.75%. In comparison with general poverty rate of the city, the poverty rate of the project wards/communes is little higher. According to the Socio-economic development report of the project wards/communes, the poverty rate in 2014 was as follows: Table 15: Rate of poor households in project wards/communes No. Wards/communes District Poverty rate (%) 1 Hoa Hai Ngu Hanh Son 1.8% 2 Thac Gian Thanh Khe 2.1% 3 Hoa Khuong Hoa Vang 3.4% 4 Hoa Thuan Tay Hai Chau 1.8% 5 Hoa Hiep Nam Lien Chieu 1.7% Total 2.16% Source: Resettlement Survey, May 2015 Among the total of 62 surveyed households, 40 households (64.6%) fall into average income group, 22 households (36.6%) fall into well-off and rich income group and none household is poor or lacks food and needs aid. The results of self-assessment about economic conditions of surveyed households showed that 40 surveyed households (64.5%) self-assessed having medium income level while 22 households (34.5%) self-assessed having well-off income level and none household self-assessed as poor households. 4.3.6. Vulnerable households Through the survey at the project area and affected households, no ethnic minority household, female-headed household is found. Number of affected poor households (with poor household certificate) is 03 households but not falling into relocated households. IAC Vietnam Page 47 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan However, it is necessary to survey 100% of the affected households during the project implementation to identify total number of vulnerable households. 4.3.7. Utilities and Services Electricity: According to the survey results, 100% of surveyed households use power from the national grid with separate meters. The average consumption expenditure of each household is about 200,000 VND/HH/month. Using clean water: In the project area, there is no case of using water in ponds, lakes, and rivers for the domestic demands. There are 3 main water sources, including tapping water, water in dug wells and bored wells. Toilets: 100% of households built sanitary toilets. Most of households used septic tanks, accounting for 80% and 20% of households use two-compartment toilets. None of household use public toilet or have no toilet. Waste collection: Currently, 100% of communes/wards in the project area established and operated the wastewater collection system efficiently with a waste collection frequency from 1 to 3 times a day. Environmental sanitation: Assessment about the pollution, 86.7% population stated that their residential areas are polluted since these areas are often flooded in rainy season because of improper drainage. They proposed the local authorities to pay attention to solving absolutely this situation before the storm season. 4.3.8. Health and Education Conditions Health conditions: Regarding health issues in the surveyed area, several households stated that they often have periodical health examination every six months or once a year and when they get sickness. They are often treated at the regional hospitals (61,8%) and self- buy medicine for treatment (38.2%). In addition, the local people also use other health services at the district and ward health centers. Furthermore, according to the city’s general program, the health services, population and family planning of the project wards/communes have been implemented relatively uniformly. Education: The kindergartens and primary schools were built at the project area. Almost surveyed households are universalized primary education. IAC Vietnam Page 48 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 5. LEGAL FRAMEWORK AND ENTITLEMENTS 5.1. LEGAL FRAMEWORK In order to guide the implementation of involuntary resettlement, this section provides principles, objectives, and eligibility criteria for APs as well as benefits, institutional and legal frameworks for compensation and restoration measures, that is based on the World Bank’s Involuntary Resettlement OP/BP 4.12 policy (amended in May 2011) and the project approved Resettlement policy framework (RPF). The basic objective of the RP is to ensure that all affected persons (APs) will be compensated for their losses at replacement costs and/or assisted with suitable measures to restore or improve their livelihoods and living standards to pre-project level, at the minimum. As first step, this section reviews the policies and legal framework of the GoV and the WB regarding the land acquisition, compensation, assistance and resettlement. Due to some gaps between the policies of the WB and those of the GOV, the Project proposes for waiving of the implementation of some articles of Decrees and regulations related to compensation, assistance and resettlement, enacted by the GoV. The Legal Framework of the GoV: The State’s laws and decrees regarding land acquisition, compensation and resettlement applied in the nationwide and the regulations applied in the provinces/cities at time of preparing the Resettlement Plan and Resettlement Policy Framework of the Project, include: - Constitution 1992 of the Socialist Republic of Vietnam, certifying and protecting the citizens’ house- ownerships; - Land Law 2003 issued on 26 November 2003; - Decree No.181/2004/ND-CP dated 29 October 2004, guiding the implementation of the amended Land Law 2003; - Decree No.188/2004/ND-CP dated 16 November 2004, providing guidelines on the land pricing methods and the land price bracket. - Circular No.114/2004/TT-BTC dated 16 November 2004 by the Ministry of Finance, directing the implementation of Decree No.188/2004/ND-CP of the Government; - Government Decree No.17/2006/ND-CP dated 27 January 2006 on the 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; IAC Vietnam Page 49 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan - Decree No.84/2007/CP dated 25 May 2007 providing additional regulations on issuing certificates of land use rights, land acquisition, implementation of land use rights, procedures of compensation and resettlement upon the State’s recovery of land and addressing grievances about land; - Decree No. 123/2007/ND-CP amending and supplementing a number of articles of Decree No. 188/2004/ND-CP of 26 November 2004 on land pricing methods and price brackets of land of different categories; - Decree No.69/2009/CP dated 13 August 2009 providing additional regulations on issuing land use plant, land price, land acquisition, compensation procedures, assistance and resettlement; - Circular No.14/2009/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; - Decision No. 06/2015/QD-UBND dated 14 March 2015 of Danang city People’s Committee, promulgating regulations on procedures for land acquisition, compensation, assistance, resettlement when the State acquires land in Danang city; - Decision No. 50/2014/QD-UBND dated 20 December 2014 of Danang CPC, promulgating regulations on prices of land in various categories in Danang city; - Decision No. 63/2012/QD-UBND dated 20 December 2012 of Danang CPC on regulations on compensation, assistance and resettlement when the State acquires land in Danang city; Presently, there are some changes on some policies such as Land Law and regulations on compensation, assistance and resettlement of the GoV: - Land law 2013 issued on 29th November 2013 and took effect on 01 July 2014 (Law No. 45/2013/QH13 - Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government, providing detailed regulations on implementation of a number of articles of Land Law. - Decree No. 44/2014/ND- CP dated 15 May 2014 of the Government on regulations on land prices. - Decree No. 47/2014/ND-CP dated 15 May 2014 of the Government on compensation, assistance and resettlement when the State acquires land. - Circular No. 36/2014/TT-BTNMT, dated 30 June 2014 detailing on land pricing method, compilation of and adjustment to land prices, determination of specific land prices. IAC Vietnam Page 50 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan - Circular No. 37/2014/TT-BTNMT, dated 13 August 2014 detailing regulations on compensation, assistance and resettlement when the State acquires land; - Circular No. 02/2015/TT-BTNMT dated 27 January 2015, detailing a number of articles of the Government’s Decree No. 43/2014/ND-CP and Decree No. 44/2014/ND-CP dated 15 May 2014. Changes on the Project’s policies on compensation, assistance and resettlement will need agreement between the World Bank and the city. At this time, the new Land Law 2013 becomes effective; however, this RP continues to follow the approved Resettlement Policy Framework for the project. The World Bank Policy on Involuntary Resettlement (OP/BP 4.12): Objective of the Policy on Involuntary Resettlement. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank’s policy on involuntary resettlement are the following: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share project benefits. Affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. (c) Affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Required Measures. To address the project impacts, the project owner prepares a resettlement plan that includes measures to ensure that the affected persons (APs) are (a) informed about their options and rights pertaining to resettlement; (b) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (c) provided with prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. IAC Vietnam Page 51 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 5.2 OBJECTIVES AND PRINCIPLES 5.2.1 Objectives The policies and principles applicable to the Project will be applied in accordance with the World Bank’s policy (OP/BP 4.12) and the current regulation of Vietnam. Basic orientation principles of WB’s policy on resettlement include: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c) Affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 5.2.2 Required Measures Necessary measures to achieve the best resettlement results include: • Consultation with APs on feasible compensation measures and preparation of RP. • Provision of resettlement alternatives to APs, for their choices. • Participation of APs in all steps of planning and implementation of compensation at replacement cost for lost assets due to the project’s impacts. • Full compensation at replacement costs for lost assets due to the construction of the Project. • Resettlement sites have the necessary infrastructure and services at least as same as APs’ former residences . • Providing allowances, vocational training and income restoration support to facilitate the relocation and livelihood restoration. • Special assistance for vulnerable groups is provided. • Setting up a suitable institutional and organizational structure for smooth process of compensation and resettlement. IAC Vietnam Page 52 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 5.2.3 Principles for Compensation and Resettlement All households whose land and/or assets are affected or those who reside in the project area before the cut-off date, will be entitled to compensation and/or assistance for losses. Those whose income and/or livelihoods are affected, will be entitled to assistance for livelihood restoration based on the eligibility as stipulated by the project and consultation with the affected persons. If, at the end of the project, their livelihoods are not restored equal to the pre-project, the additional measures should be considered. - The compensation rates will be determined on the basis of results of independent land/assets appraisal in a timely and consultative fashion. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/houses or business activities. The local authorities will ensure that APs can choose resettlement plot according to their choice and do not have to pay any ownership cost or cost of land use right certificate according to the selected options. - Agricultural land will be compensated at “land for land” option or in cash at affected persons’ expectation. The choice of land for land must be prioritized to offer to those losing 20% or more of their productive land. If land is not available, the agency in charge of land acquisition should ensure this case is actual. Those losing 20% or more of their land area will be provided with livelihood restoration assistance. The same principles applied to the poor and vulnerable people who are losing 10% or more of their productive landholding. - APs losing residential land that prefer the “land for land” option will be provided with land lots with the similar quality in a new residential area nearby the old residence place and payment for balance between their lost land and the allocated land lot. The resettlement sites will be planned properly in consultation with the APs. All basic infrastructures such as paved road, sidewalk, water supply and drainage system, electricity and telephone lines, will be provided. - APs that prefer “cash for land” will be compensated in cash at 100% of replacement cost. These APs will be provided with livelihood restoration assistance and arranged for resettlement. - Compensation for all housing and other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. - The APs will be provided with full assistance (including a transportation allowance) for transporting of personal belongings and assets, in addition to the compensation at replacement cost of their houses, land, and other assets. IAC Vietnam Page 53 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan - Compensation and restoration assistance must be provided at least 30 days prior to the acquisition of assets for those who have not to relocate; and at least 60 days for affected persons. Exceptions should be considered for vulnerable groups who may need more time for relocation. - If, by the end of the project, livelihoods have been shown not to be restored to pre- project levels, additional measures will be considered. - Financial services (such as loans or credits) will be provided to AHs, if necessary. The loan amount and the schedule of payment will be suitable with capability of AHs. - Additional efforts, such as economic restoration assistance, training and other forms of assistance, should be provided to AHs losing income, especially vulnerable groups to strengthen capability of livelihood restoration and development. - The previous status of services and resources of community before relocation will be maintained or improved for resettlementt site. Eligibility for compensation and assistance: Eligible persons who have to relocate or suffer impacts from the project, will be entitled to the compensation for their losses, include: a. Those who have legal (formal) rights to land or other assets; b. Those who do not have legal (no formal) rights to land or other assets at present but have submitted a claim to such land or assets in accordance with the regulations in the laws of Vietnam based on such records as bills of land tax, certificates of residence status or local authorities’ permit on occupation and use of land affected by the project; and c. Those who have not recognizable legal right or no claim to the land they are occupying. The APs who are under category of (a) and (b) above are provided compensation for land and other assistance. Persons belonging (c) are provided resettlement assistance in lieu of compensation for their land they occupy, and other assistance, if necessary, to achieve the objectives of this policy. If they own the project land prior to a cut-off date determined in the RP. Persons who encroach to land after the cut-off date determined in the RP are not entitled to any compensation or any other resettlement assistances (if possible, only consider providing support in accordance with the applicable policies). Valuation and Compensation for Losses: Methods used for the valuation of losses in projects funded by Bank are based on replacement cost. For this project, the losses consist of damages to land, structures and other assets. The replacement cost of land includes the IAC Vietnam Page 54 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan land value as defined in accordance with the prevalent market price plus the fee for obtaining land use right certificate. 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, labor and contractor fees, registration fees and transfer taxes. Asset depreciation and the value of materials that can be salvaged by APs, are not deducted from the compensation. During the implementation phase, the independent land valuer(s) will be employed to survey and propose a set of replacement costs for all types of affected land (both agriculture and residential land) and assets, which will be served as basis for Danang CPC to determine compensation price reflecting replacement cost. Relevant (Linked) Activities: This policy is applied to all components of the project that result in involuntary resettlement, regardless of the source of financing. It is also applied to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank-funded project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project. The screening results of the linked projects showed that in addition to the construction of the Nguyen Tat Thanh road (2.7km) by the counterpart fund with a detailed assessment of the land acquisition and site clearance, there is no work/item considered as linked to the adjustment and supplementary items of the Project. Accordingly, there is no item/works considered as linked project. IAC Vietnam Page 55 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Table 16: MAIN GAPS BETWEEN POLICIES ON COMPENSATION, ASSISTANCE AND RESETTLEMENT OF GOV AND WORLD BANK AND PROPOSED POLICIES FOR DANANG SCDP World Bank’s Policy Policy GoV’s Policy Proposed policy for the Project (OP 412) Land/ Properties Policy objectives APs (Affected persons) should Resettlement site and its Livelihood and income sources are be assisted to restore or infrastructure should have restored improve their living standards development conditions equal to or to the pre-project levels. better than the old living place. Treatment of Livelihood restoration Restoration assistance at different Livelihood restoration assistance to all informal or non- assistance to all affected levels depending on the “illegal” APs, regardless of their legal status. legalizable land persons to achieve the policy status of land users. users objective. Compensation for Compensation at replacement Provided to cover cost for building Compensation at replacement cost for all illegal structures cost for all structures new structure, depending on the affected structures regardless of their regardless of legal status. “illegal level” attributed, covering legal status. between 80% and 0% of the total costs. Compensation Methods for Compensation rate for lost Compensation rate for lost assets is Independent appraiser identifies determining land and other assets should be calculated at price close to price of replacement cost as a basis for Danang compensation paid at full replacement cost. transferring such assets in the CPC to define compensation rate. costs market. Provincial governments are entitled to determine rate for different categories of assets. IACVietnam Page 56 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan World Bank’s Policy Policy GoV’s Policy Proposed policy for the Project (OP 412) Compensation for All income losses should be Only assistance to lost income for All income losses are to be compensated income losses compensated. registered business facilities. and restored. Compensation for It is good practice for the It is not mentioned. Conduct social assessment and take indirect impacts borrower to undertake a social measures to minimize and mitigate caused by the assessment and implement adverse impacts, particularly upon poor acquisition of land measures to minimize and and vulnerable groups. or structures mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Livelihood Provision of livelihood Take livelihood restoration Provision of livelihood restoration restoration restoration assistance to assistance measures. No follow up assistance to achieve the policy’s assistance achieve the policy’s measure to ensure complete objectives. objectives. livelihood restoration after resettlement completion. Consultation and Participation Consultation and Participation in preparation Limited mostly to information Community’s participation and public information and implementation of the sharing and disclosure of documents consultation is designed and disclosure project, especially confirming regarding to the plan, land use implemented to achieve policy’s the criteria of eligibility for planning, compensation policies for objectives compensation and assistance works and project. People will be and accessibility to grievances consulted about the plan, land use mechanisms. planning. IACVietnam Page 57 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan World Bank’s Policy Policy GoV’s Policy Proposed policy for the Project (OP 412) Grievances and Grievances and redress The same agency making decision Redress grievances on compensation, redress mechanisms should be on compensation, resettlement and assistance and resettlement in mechanisms independent in nature. handling grievances at the first step. accordance with the applicable mechanisms of Danang city. Monitoring & Need to conduct internal and There is no explicit requirement on Both internal and external monitoring is Evaluation external (independent) monitoring, including both internal required. monitoring. and independent (external) monitoring. IACVietnam Page 58 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 5.3 ENTITLEMENTS 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's OP4.12. Project affected persons will not be considered to receive the compensation or assistance when entering the project area after 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 on case by case basis: The compensation policy of the project is as follows: 5.3.1 Compensation Policy for 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 and assistance for 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 replacement land in the replacement site. (ii) 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 cash for acquired land area by 100% of replacement cost and replacement land lot in the resettlement site if they want. (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 (Non-legalizable land users), but have been living and occupying without disputes since October 15th, 1993 to before the project’s cut-off date and not received legal notification from the local authority on encroachment into land in the Right of Way (ROW), will be considered for the support in cash at 50% of replacement cost. 5.3.2 Compensation and Assistance Policy for Houses and Structures Those who are impacted with houses/structures and other assets - regardless of the tenure status, will (i) be compensated at 100% of replacement cost (excluding the salvageable IACVietnam Page 59 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan material or depreciation of value, (ii) compensation rate is based on the actually affected area but not based on the usable area. 5.3.3 Compensation and Assistance Policies for Agricultural Land The Danang CPC has no agricultural land fund to compensate for affected household on basis of land for land mechanism. So the cash compensate at 100% of replacement cost is applied in this project. These are: (i) If lost land area is less than 20% (or less than 10% for vulnerable households5) of their total agricultural landholding and the remaining part is wide enough to ensure minimum economic efficiency, the AHs will be entitled to cash compensation at 100% of replacement cost. (ii) If lost productive land is 20% or more (or 10% or more for vulnerable households) of their total agricultural landholding or the lost portion is less than 20% but the remaining area is not wide enough to ensure minimum economic efficiency of household and needs to be acquired wholly at AHs’ expectation, AHs will receive cash compensation at 100% of replacement cost and income restoration assistance. Agricultural land users who are not eligible to be compensated (or non-legalizable), will be considered to be assisted in cash at 50% or 60% of the replacement cost. The level of assistance for the non-legalizable AHs who were given a notification by the government on their illegal encroachment at time of violation will be considered case by case by authorities. 5.3.4 Compensation Policy for Graves The compensation rate for displaced graves includes all costs for digging, moving, re-burying and other related costs. The compensation cash will be paid to each affected household. Before removing graves, the AHs will be consulted on the removing and location of graves. The project will ensure that all religious rituals or traditional customs are respected and cover all related costs. (For further details, refer to item 3.2.7). 5 Vulnerable households are 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. IACVietnam Page 60 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 5.3.5 Compensation Policy for Household Facilities Households those are impacted with domestic facilities (water tanks/wells, electric meters, etc. will be compensated by 100% of replacement cost at market prices regardless land use right and house ownership. 5.3.6 Compensation Policy for Affected Trees and Crops With regard to lost annual crops and perennial trees, cash compensation will be paid to APs who are currently farming based on the market prices for crops and/or replacement costs for perennial trees. 5.3.7 Impacts on Business/Income For economic organizations and households with business registration certificates (i) Cash compensation for lost income in case of affected business. Households with business registration certificates will be compensated at 50% of post-tax income of one year period (equivalent to 100% of post-tax income of 6 month period) according to average income of 3 preceding years. (ii) Long-term formally contracted workers of affected business facilities will be supported with 70% of basic wage for a period not exceeding 06 months. (iii) Compensation for affected business structures and productive assets at full replacement cost, without depreciation. (iv) If the business household has to relocate, a provision of alternative business site of equal quality and accessibility to customers, satisfactory to the AHs, or, cash compensation for the affected business area at replacement cost, plus transportation allowance for attached assets will be applied. For economic organizations and households without business registration certificates: The one-time lump sum support will be provided for income losses within 3 months with the evaluation of the independent consultant. 5.3.8 Compensation Policy for Temporary Impacts during the Construction Phase For temporarily affected land and on-land assets, project affected households are entitled to: For temporarily affected residential land: (i) Compensation for all assets on affected land at replacement cost; (ii) Restoring to the status quo or improving land quality. For temporarily affected agricultural land: IACVietnam Page 61 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan (i) Compensation for one harvest of crops/plants at full market price. (ii) Compensation 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 pre- project status. For impacts on business and production (i) Compensation and assistance for the losses of income for production households, cooperatives, private enterprises for the period occupied by the project construction. (ii) Compensation for all affected on-land assets at replacement cost. Compensation for damages to household’s structures or public works due to construction activities of the contractors during the construction The Contractors will diligently restore damaged structures as their original conditions after the construction at the site is finished. According to the specific conditions of the construction contracts, Contractors are required to be diligent enough to avoid damaging assets during their construction. In case of damages incurred, the contractors must compensate immediately for the families, community groups, or state agencies under the compensation rates applicable to other assets damaged by the Project. Moreover, recovering damaged assets to their previous quality must be done right after completion of construction. Compensation for affected public facilities If some public facilities as schools, bridges, factories, water sources, roads, electricity, water supply, or drainage systems are affected, the Project shall certify that these structures are restored or repaired for each specific case, and the community has not to pay such costs. The Project has to minimize the impacts of land acquisition to cultural works. In case, it cannot be avoidable, 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 CRC and local authority as well as local people. 5.3.9 Allowance and Assistance to Livelihood Restoration In addition to the compensation costs for affected land, property and infrastructure as stated above, APs are entitled to other allowances, including: IACVietnam Page 62 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Transportation Support Support transportation cost of VND 3,000,000 for households moving to new areas within the same district; Support transportation cost of VND 4,500,000 for households moving to new areas in other districts but within Danang city; and VND 10,500,000 for households moving to other provinces. AHs who have to rebuild new house on the remaining area will be given transportation allowance at VND 1,500,000/person/month in 3 months for moving assets to new location. The rates may be adjusted in accordance with inflation situation. Subsistence support Relocated APs will be given cash allowance to support for daily activities, equivalent to 30kg of rice/person/month in 06 months. Those who have house partially impacted and have to rebuild thereon will be provided with allowance, equivalent to 30kg of rice /person/month in 03 months. In case households are impacted with whole house on their remaining area, DRC will consider for additional support. Subsistence support for households impacted with agricultural land Income restoration assistance to HHs and individuals who are directly involved in agricultural production when the State acquires agricultural land including garden land and pond (except for the aquaculture land, 5% of public land and the land which commune/ward PC assigned the HHs/individuals for temporary use) will be VND 6,000/m2 (six thousand per square meter) but the supported area shall not exceed 4,000 m2 (four thousand square meter). For households those are acquired with ponds, garden land within residential land, will be supported at 30% of average land price in the region. Job changing allowance Agricultural laborers and HHs whose agricultural land is affected and eligible for compensation will be provided with the job changing allowance. The assistance level for shifting job/occupation for agricultural laborers is in cash at 1.5 times of the agriculture land price. HHs who are not entitled to the compensation but received assistance for affected agricultural land will receive allowance for job changing according to allowance level for affected land (60% of the above allowance level). In case, HHs who have demand for vocational training, they will be assisted to participate in vocational training courses inside the city and they do not pay for any fee (including primary, IACVietnam Page 63 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan secondary school and vocational training) for individuals who are in working age (not apply for individuals who participate in vocational training course outside of city) House renting support Households those who have to relocate or rebuild housing on the remaining land will be assisted to rent a temporary house in the project resettlement site. If temporary house is not available, they will be provided with assistance in cash with the amount of 1,500,000 VND/HH/month. The period of assistance will be defined as when the AHs hand over land until they receive resettlement land or house according to the notification of the competent authority, plus 6-month tenancy cost in the process of building of new house6. In case, above assistance is not enough for leasing house in the period of building new house, these households will be supported with the differential amount (compared with actual house rental) Special Social Support Affected poor households, who are certified by the local government, will be supported with VND 3,000,000 (three million dong per household). Those who resettle in old place or have to relocate, fall into the vulnerable groups and being granted with social subsidies, will be supported no less than VND 1,000,000 per household to restore livelihoods. Bonus Organizations, households, who well execute the policy of self-dismantling and transferring land for the Project on the planned schedule, will be awarded: (i) 5% of the compensation value of assets (houses, structures, trees) for organizations, households who are compensated less than VND 50,000,000. (ii) 8% of the compensation value of assets (houses, structures, trees) for organizations, households who are compensated more than VND 50,000,000 but not exceeding VND 8,000,000. (iii)The bonus level equals 50% of the general regulated level but not exceeds VND 2,500,000 for HHs impacted with tents, small shops and gardens. 6 In project, subsistence period is estimated at about 9 months. IACVietnam Page 64 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Table 17: Entitlement Matrix Definition of No. Type of Loss Entitlements Entitled Persons 1 Residential land Land users are eligible for APs will be compensated in cash for their acquired land at 100% compensation (legal and legalizable replacement cost or allocated with a land lot in the resettlement site. APs land users) will be informed of resettlement alternatives 58,269.4 m2 (418HHs), Users of disputed land APs will be paid in cash for their acquired land at 100% of replacement cost when their dispute is resolved. Land users are not eligible for APs will be supported in cash for their acquired land at 60% of replacement compensation (illegal and Non- cost. legalizable land users) 2 Houses/structures Regardless of ownership/use rights (i) APs will be compensated for their affected structures by 100% and other assets (206 HHs), 6,319.2 m2 replacement cost without deduction of salvage materials. (ii) The replacement cost is calculated based on the actual affected areas but not based on the used area. Each affected structure will be appraised separately. 3 Impacts on Land users are The affected land is APs will be compensated in cash for their acquired land at 100% of agricultural land eligible for less than 20% of replacement cost and provided with other assistances. compensation the total Households losing agricultural lands located in wards or rural residential (legal and landholding (337 areas will be supported at 30% of average land price in the region. legalizable HHs) IAC Vietnam Page 65 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Definition of No. Type of Loss Entitlements Entitled Persons land users) The affected land is APs will be compensated in cash for their acquired land at 100% of (484 HHs) 20% or more (10% replacement cost and provided with information about vocational training 180.822,2 m2 or more for and facilitated their option of appropriate jobs; vulnerable groups) Households losing agricultural land located in wards or rural residential of the total land areas will be supported 30% of average land price in the region. area (147 HHs) Provision with income restoration assistance and other assistances Land users are not eligible for APs will be supported in cash for their acquired land at 60% of replacement compensation (non-legalizable land cost users) 4 Graves Households whose graves/tombs are APs are fully compensated with costs of relocation, rebuilding and other affected by the Project related costs (09 HHs) 14 pcs. IAC Vietnam Page 66 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Definition of No. Type of Loss Entitlements Entitled Persons 5 Affected income For economic organizations and (i) Cash compensation for lost income in case of affected business. and households with business registration Households with business registration certificates will be production/busines certificates (16 HHs) compensated at 50% of post-tax income of one year period s facilities (equivalent to 100% of post-tax income of 6 month period) according to average income of 3 preceding years. (ii) Formally contracted workers of business facilities will be supported 70% of basic wage for a period of not exceeding 06 months. (iii) Compensation for affected business structures and productive assets at full replacement cost without depreciation. (iv) If the business household has to be relocated, a provision of similar business site of equal quality and accessibility to customers, satisfactory to the DP, or, cash compensation for the affected business area at replacement cost, plus transportation allowance to remove movable attached assets will be applied. For economic organizations and A lump-sum assistance support in cash paid one-time for income losses for 3 households without business months or equivalent to VND 3,000,000/household/time in consultation with registration certificates the independent consultant. 6 Affected crops and AHs who have affected crops Households affected by the project will be compensated for their damaged trees (484 HHs) crops/trees at market prices and / or replacement costs. 7 Temporary impacts For temporarily affected residential (i) Compensation for all lost assets attached to affected land at full in the construction land replacement cost; stage (ii) Restoring to the original conditions or improving quality of land. IAC Vietnam Page 67 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Definition of No. Type of Loss Entitlements Entitled Persons For temporarily affected agricultural (i) Compensation for one harvest of crops/plants at full market price. land (ii) Compensation for loss of income for the next crops during the time that land is occupied by the Project. (iii) Restoring land to original conditions or improving land quality better by rehabilitation measures of soil is degraded or aluminous. Impacts on business and production (i) Compensation and assistance for the loss of income for (16HHs) business/production households, cooperatives, private enterprises if they are directly affected by the project. Compensation and assistance level will be determined in consultation with the independent consultant and decision of the city People’s Committee. (ii) Compensation for all affected assets at replacement costs. Damages to household’s structures or (i) The contractors are required to immediately compensate for public works caused by contractors individuals, communities, organizations and bodies whose works are during the construction damaged by the construction and this responsibility is included as a part of the construction contract, and/or. (ii) The damages caused by the project must be remedied immediately to return the status quo of the works 8 Affected public Wards, urban population groups, The Project must ensure that the infrastructural works are restored or utilities/structures administrative units whose public repaired for each structure and the community does not have to pay any architectural works, houses, schools, expenses. bridges, factories, water sources, roads, drainage - irrigation systems are damaged (9 CPCs) IAC Vietnam Page 68 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Definition of No. Type of Loss Entitlements Entitled Persons 9 Supports for Support for AHs to be relocated Support transportation cost of VND 3,000,000 for households moving to relocation and relocation (143 HHs) new areas within the same district; Support transportation cost of VND livelihood 4,500,000 for households moving to new areas in other districts but within restoration Danang city; and support transportation cost of VND 10,500,000 for households moving to other provinces/cities. Households who have to rebuild new house on the remaining area will be given transitional allowance at VND 1,500,000/HHs/ month in 3 months for moving assets to new location. The rates may be adjusted in subject to inflation situation. Subsistence AHs to be relocated (i) Relocated households are supported equivalently to 30kg of rice per allowance and AHs must person per month during six months. rebuild houses on (ii) Those who have sufficient remaining land for rebuilding houses are remaining land supported equivalently to 30kg of rice per person per month for 3 (143 HHs) months for all household members. Subsistence Households Assistance for life restoration to HHs and individuals who are directly allowance impacted with involved in agricultural production when the State acquires agricultural land agricultural land including garden and pond land (except for the aquaculture land, 5% public (147 HHs) land and the land which commune/ward PC assign the HHs/individuals for private use) will be VND 6,000/m2 but the supported area not exceed 4,000 m2 . IAC Vietnam Page 69 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Definition of No. Type of Loss Entitlements Entitled Persons Support for job APs whose The job shifting assistance in cash at 1.5 times of agriculture land price. In changing agricultural land is case, HHs whose labor-aged members have demand for vocational training, affected by the they will be assisted to participate in vocational training center inside the project are eligible city and they do not pay for tuition fee for such training course. for the compensation (484 HHs) APs whose The job changing assistance to be applied is 60% at the level applied to the agricultural land is legal land users. affected by the project are not eligible for the compensation (non- legalizable) Support for APs to be relocated Relocated APs whose houses are demolished will be assisted in renting House Renting and APs to rebuild temporary houses in resettlement sites. If the house is not available, APs houses on shall be assisted in cash at VND 1,500,000 per household/month. The remaining land supporting time for house renting is calculated from the date of land hand- (143 HHs) over till the actual time that APs are provided with resettlement houses based on the notices of the authority who allocates the house and land, plus to 6 month allowance for renting house during building their new house. Special social Relocated To be supported at least VND 3,000,000 per household for livelihood support households are the restoration poor and/or vulnerable households. (3 HHs) IAC Vietnam Page 70 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Definition of No. Type of Loss Entitlements Entitled Persons Bonus for HHs to be relocated (i) 5% of the asset compensation value (houses, structures, trees) for timely hand- and HHs must organizations, households whose compensation value is less than VND over rebuild their houses 50,000,000. on remaining land (ii) 8% of the asset compensation value (houses, structures, trees) for (902 HHs) organizations, households whose compensation value is more than VND 50,000,000 but not exceeding VND 80,000,000. (iii) The bonus equals 50% general regulation but does not exceed VND 2,500,000 for affected tents, small shops, gardens. IAC Vietnam Page 71 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 6. RESETTLEMENT SITE 6.1 RESETTLEMENT SITE 6.1.1 Objectives The project’s APs are mainly living in the peri-urban areas; therefore, new resettlement location needs to ensure similar opportunities for occupation, infrastructures and production. However, the more important thing is that APs must accept that location through the consultation process. Hence, the consultation with APs during the preparation of resettlement site is an important factor. Affective consultations will reduce unnecessary conflicts and tenseness. Resettlement site is built according to the planning; building standards for urban area and basic infrastructures shall be built before APs move in. And, the resettlement site near to the old residence location will be the better. 6.1.2 Criteria and Eligibility for Relocation Criteria and eligibility for relocation are described as following: Households and individuals whose whole legal houses and residential land and the remaining area after land acquisition too small to rebuild, will be provided with a land lot in the resettlement site. In case the cash compensation amount is not sufficient for the eligible APs to buy a minimum land plot in the resettlement site, the APs will be supported with the differences. a. For the users who are not eligible to compensation for land but have no other living place and confirmed by the local government on their current status, they (1) shall be considered to be allocated with the minimum resettlement lot in resettlement area and (2) have to pay the land use levy. However, in case of unaffordability to pay land use levy, they will be considered to be provided with a debt. b. Affected people whose land is acquired by the construction of resettlement site will be entitled to compensation and assistance as same as households affected by the main work items of the project. 6.1.3 Demands of Relocation According to the census results, total number of relocated households of the Project is 143 households. They are eligible for relocation into the resettlement site. However, one household usually consists of 2-3 generations (the oldest child living together with their parents), therefore, when these households have to relocate, the city usually allocates one more resettlement lot. In addition, if the acquired land area is large or the remaining area is not large enough to build house, they will be entitled to receive a resettlement lot. The table bellowed summarizes demands of relocation (the number of provident lots accounted for 86 land lots). IAC Vietnam Page 72 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Table 18: Summary of Needs of Resettlement No. of No. of relocated No. Components provident Total resettlement lots HHs lots The works under Component 1: 1 Water supply and drainage 131 79 210 improvements Anti-flooding for population groups a 5, 6, 7 Son Thuy – Investment in building Ba Bang Nhan, Dang Thai 04 25 29 Than roads in Hoa Hai ward, Ngu Hanh Son district Building infrastructure for b population group 12 in Man Thai 2 1 3 ward, Son Tra district Building infrastructure for c population groups 13, 14 in Phuoc 10 5 15 My ward, Son Tra district Building infrastructure for the red- d clay road in Phuoc My ward, Son 2 1 3 Tra district Drainage canal and isolating green e tree spot (section from Hoa Khanh 113 47 160 industrial park to Cu De river) Building the bus rapid transit (BRT) 2 6 3 9 at the airport area Building infrastructure for Hoa 3 6 4 10 Khuong resettlement site Total 143 86 229 Source: Resettlement Survey, May 2015 6.1.4 Results of Consultation and Selection of Resettlement Sites Several rounds of consultations with the local authorities and community were carried out in May and June 2015. In addition, a census was also conducted for the households affected by Component 1: Water supply and drainage improvements, Component 2: Building the bus rapid transit (BRT) at the airport area and Component 3: Building infrastructure for the Hoa Khuong resettlement site (these households are affected in the resettlement site – host community). Consultations were implemented in many forms such as community meeting, questionnaire, direct interviewing with affected households and group discussion. Besides, the project 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 Danang PIIP - PMU informed the affected persons and stakeholders of characteristics of the resettlement site, infrastructures and social services that would be built, principles of compensation and allocation of land IAC Vietnam Page 73 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan lots, etc. The purpose of this consultation regarding the resettlement sites was to collect APs’ opinions about following matters: (i) Affected persons have two options in the resettlement site (land for land or land for apartment) or self-relocation. In case of self-relocation, affected persons will be supported cash equivalent to average investments for infrastructures of a land lot in the resettlement site. (ii) Collect opinions about infrastructures and social services for the resettlement site; (iii) Procedures for compensation payment and resettlement. Construction of Infrastructure in Resettlement Site According to the detailed planning of the project resettlement site, the resettlement site will be divided into ground land lots for resettlement. The resettlement site will be provided with public services such as water supply, drainage and power supply. The expectation of the affected persons is to be allocated with land lots in the resettlement site with the basic infrastructures. 6.2 RESETTLEMENT ALTERNATIVES According to the recent study results, the Project orientates to build and develop five (05) resettlement sites to ensure area/land lots for affected and/or relocated households due to land acquisition for the project implementation. These include Hoa Lien resettlement site, the Northern resettlement site of the Southern belt road, Resettlement site DT605 (phase 2), My Da Tay resettlement site and Hoa Khuong resettlement site replacing Khe Can and Hoa Phong resettlement sites). In addition, to serve demand for resettlement of people is to be allocated with land lot near the old shelter, the Project will arrange resettlement sites such as the expanded Man Thai resettlement site in Man Thai ward, Son Tra district, Phuoc My 13, 14 group residential area, Phuoc My ward, Ngu Hanh Son district, 6m road zone in line with resettlement trail from Nguyen Van Linh to Son Tra – Dien Ngoc road, Phuoc My ward, Hoa Hai 2 resettlement site, Hoa Hai ward, the administration center of Ngu Hanh Son district, Hoa Hiep 4 resettlement site in Hoa Hiep Nam ward, Hong Phuoc resettlement site in Hoa Khanh Bac ward, Lien Chieu district, Hoa Lien 5 resettlement site in Hoa Lien commune, Hoa Vang district. With such scale of construction of resettlement sites, the project is expected to arrange resettlement for all the project works such as Hoa Phuoc – Hoa Khuong road (290 lots), the extension Nguyen Tat Thanh road (203 lots) and works under Components 1, 2, 4 and 5 of the SCDP Da Nang. The estimated construction scope of these resettlement sites is shown in the table bellowed: IAC Vietnam Page 74 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Table 19: Scope of the Resettlement Site Total area Of which No. Resettlement sites (m2) Land lots (m2) No. of lots 1 Hoa Lien resettlement site 53,784 28,108 271 2 The Northern resettlement site of 74,562 28,995 276 the Southern ring road (phase 3a) 3 Resettlement site of the road 43,469 23,175 210 DT605 – phase 2 4 My Da Tay resettlement site 61,254 31,459 346 5 Hoa Khuong resettlement site 84,157 32,998 208 Source: Resettlement Survey, May 2015 According to the survey results, the public consultations and assessment of resettlement needs of the affected households in the project area, the proposed resettlement option for the affected households is shown in the table bellowed: Table 20: Proposed Resettlement Options Total required No. Components resettlement Proposed resettlement site lots The works under Component 1: Water 1 210 supply and drainage improvements Anti-flooding for population groups 5, 6, 7 Hoa Hai 2 resettlement site, Hoa Hai a Son Thuy – Investment in ward building Ba Bang Nhan, 29 The administration center of Ngu Dang Thai Than roads in Hanh Son district, Hoa Hai ward Hoa Hai ward, Ngu Hanh Son district Building infrastructure for population group 12 in The expanded Man Thai resettlement b 3 Man Thai ward, Son Tra site district Building infrastructure for population groups 13, 14 Phuoc My 13, 14 population group c 15 in Phuoc My ward, Son resettlement site Tra district Building infrastructure for 6m road belonging to resettlement trail d the red-clay road in Phuoc 3 from Nguyen Van Linh to Son Tra – My ward, Son Tra district Dien Ngoc road, Phuoc My ward e Drainage canal and 160 Hoa Hiep 4 resettlement site in Hoa IAC Vietnam Page 75 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Total required No. Components resettlement Proposed resettlement site lots isolating green tree spot Hiep Nam ward (from Hoa Khanh Hong Phuoc resettlement site in Hoa industrial park to Cu De Khanh Bac, Lien Chieu district river) Hoa Lien 5 resettlement site in Hoa Lien commune, Hoa Vang district Building the bus rapid Arranged in resettlement site in Hai 2 transit (BRT) at the airport 9 Chau district, near their old shelter area Building infrastructure for Arranged in the Hoa Khuong 3 Hoa Khuong resettlement 10 resettlement site site Total 229 Source: Resettlement Survey, May 2015 Notes: The proposed resettlement option above reflects the project’s orientation and people’s needs through public consultations. This option may be adjusted/updated per each phase of the Project on the basis of their needs and expectations as well as the city’s response capability in case the affected households need to relocate to other resettlement sites in the city. 6.3 HOST COMMUNITY During the planning of project’s resettlement sites, Danang PIIP – PMU carried out consulting with the host community and households. During the planning preparation and project design, the PMU carried out public consultations to collect information about characteristics, scope and living conditions of local people in these areas as well as negative and positive impacts during the construction with the prior consultation with the host community. Public consultation results show that both affected and non-affected households agreed with the survey results and supported the construction of works in the resettlement site (power supply, water supply and drainage). They expected that the construction of the resettlement site will contribute to improving environmental conditions and existing infrastructures in the region. IAC Vietnam Page 76 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 7. LIVELIHOOD RESTORATION PROGRAM 7.1 OVERVIEW The general purpose of this program is to restore the livelihoods of affected persons at least equal to or higher than the pre-project level, and ensure that affected people adapt to new conditions. For the Resettlement Plan (RP) implementation, the Danang PIIP – PMU will combine with local government agencies at all levels such as the social organizations: Danang Women's Employment Service Center, Danang Employment Center etc. to conduct the activities to restore incomes of the affected households. These activities are mainly vocational training and job introduction. Budget for implementing the income restoration program will be allocated from the city budget and included in the compensation cost of the project. 7.2 ANALYSIS OF DEMANDS According to the survey results, there are 206 households affected with residential land/houses and other structures, including 139 relocated households for the project implementation. In addition, there are 484 households affected with agricultural land, including 147 households affected with over 20% of their agricultural land. Also according to the survey results and consultation with households, volume of impacts on agricultural land is mainly caused by building of infrastructure for the Hoa Khuong resettlement site. The local households stated that their families have members engaged in agricultural production which is their subsidiary occupation but not their primary income source. The middle-aged and elderly generation engaged in agricultural production (those above 50 years old) as they have engaged for years and eventually they have more leisure time. The younger generation’s incomes are usually from employment in factories/offices (mainly at nearby industrial parks in city and Hoa Vang town), small workshops and also free laborers (drivers, services). Up to now, these are primary income sources of their family. In Hoa Hai and Thac Gian wards, through the consultation with the local residents, the regional household members are mainly staff, workers and now no longer farming. Especially, the household members in Thac Gian ward are mainly staff working in Danang international airport, therefore these households have no demand on vocational training or borrowing credits for production. Therefore, when asked about options for income restoration measures (those who are working in agriculture), all of them expressed their desire to receive appropriate compensation payment, and probably some more subsistence assistance for them to IAC Vietnam Page 77 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan recover their losses (of agricultural land acquisition). Their specific expectations for subsistence assistance are shown in the table bellowed: Table 21: AP’s expectation to assistance SUBSISTENCE ALLOWANCE No. Location Vocational Job Total Credit Others training introduction 1 Hoa Hai 24.9% 45.1% 28.1% 1.9% 100% 2 Hoa Khuong 42.4% 24.7% 31.8% 1.1% 100% Order of priority 2 1 3 4 Source: Resettlement Survey, May 2015 7.3 PROPOSED LIVELIHOOD RESTORATION PROGRAM 7.3.1 Budget source Income restoration is seen as an especial component if affected households can recover their sources of income or improve their economic situation. People with low incomes are defined as those who mostly do not have skills or opportunities to improve their earning. The resettlement program looks for optimistic possibilities to ensure that all resettlement areas are in such positions that create favorable conditions for improvement of APs’ skills and income increase, or ideally it can combine both the improvement of their skills and income increase. Budget for the life recovery program will be deducted from the city’s counterpart fund and included in the total compensation cost of the project. 7.3.2 Description of Program According to the survey results and public consultations, both for residential land and agricultural land affected households, the majority of households wishes the assistance of vocational training and employment for their children at the working age. Vocational training Currently, in the city of Danang, there are two agencies in charge of vocational training and job recommendations, including (1) Danang Employment Introduction Center and (ii) Danang Women’s Employment Service Center. Danang Women’s Employment Service Center: Through working with representatives of Danang Women’s Employment Service Center, we know that the organization is enrolling students in diversified job training without fee for adult children of families whose land is acquired by the projects in Danang city. The choice of career depends on the choice of people. Jobs: Civil sewing, industrial sewing, cooking, and beauty care. IAC Vietnam Page 78 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Objects: The labor includes those who enjoy the preferential policies, those who contributed to the revolutions, poor households, households whose production land is acquired and must relocate for site clearance, and labor who are ethnic minorities and disable people... Expenditure: The free vocational training for elementary level is as follows: Industrial sewing: 3 months 1,000,000 VND/student Civil sewing: 4 months 1,400,000 VND/student Cooking: 3 months 1,100,000 VND/student Beauty care: 3 months 900,000 VND/student Danang Employment Center: The Center is applying free vocational training program for subjects like Danang Women’s Employment Service Center, careers and training time are expressed as follows: Civil electricity 4 months Free of charge Industrial electricity 4 months Free of charge Industrial sewing 3 months Free of charge Electronics 6 months Free of charge Mechanics 5 months Free of charge Also, depending on the nature of each project, the projects call for the Centers’ coordination in training organization for affected households to recruit their adult children to the factories and industrial parks in the locality. Job creation Referring to the list of enrollees to the training courses and basing on the need of each participant, the Project Management Unit of Danang Priority Infrastructure Investment Project will cooperate with the vocational training centers and under the direction of the City People's Committee to work with the industrial zones in the region to give job recommendations for the students. The vocational training centers will cooperate with industrial zone for vocational training subject to demands of the industrial zones. During the project implementation, the PMU will coordinate with the local employers to create jobs for local people. IAC Vietnam Page 79 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 7.3.3 Institutional arrangements The Project Management Unit (PMU): Based on the actual needs of households, the PMU, particularly the Division of Operation will conduct detailed surveys of vocational training needs of each household, then contact the training centers to organize training courses. Vocational training centers: These centers will organize training courses for students in need and coordinate with the PMU in the job placement/and introduction for them. Households: Households will participate in the surveys, training courses and follow the instructions of the PMU and vocational training centers. IAC Vietnam Page 80 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 8. CONSULTATION AND PARTICIPATION 8.1. OBJECTIVES AND POLICIES The main objectives of consultation and participation are to: a) Ensure that all APs and related agencies participate together in issuing decisions on involuntary resettlement matters; b) Minimize negative impacts caused by involuntary resettlement; and c) Avoid possible conflicts during Project implementation. APs shall be fully informed and carefully consulted on resettlement and compensation plans. Consulting APs is the starting point for all activities related to resettlement. APs may be afraid that they will lose their livelihood and community, or that they are not well prepared for complicated negotiations on their rights. Participation in developing the RP and its management will help APs relieve their worries and give them the opportunity to participate in what will affect their lives; implementing resettlement without consulting APs is and improper and ineffective strategy. If APs are consulted timely, any objections to the Project can be timely solved. ▪ Important steps towards increasing democracy at the grass roots level in Vietnam is Instruction No. 30-CT/TW by the Central Committee of the Vietnamese Communist Party on the “Construction and implementation of a basic democratic regime,” and Conclusion 65-KL dated 04 February 2010 of the Secretary of the Central Committee on the continued implementation of the Directive 30-CT / TW on the construction and implementation of grassroot democracy. The key point of this legal document is the well-known slogan: “people know, people discuss, people do, people check.” ▪ Ordinance No. 34/2007/PL-UBTVQH11 points out matters that need the comments from local authorities and communities before the relevant authority issues a decision including the preparation of compensation, assistance and RPs related to projects and works in the wards/communes. Articles 43, 48 and 67 the 2013 Land Law requires matters related to resettlement, such as reasons and plans for land acquisition, relocation, general compensation and site clearance plans to be published for APs. The following points need to be focused on to encourage relevant agencies to participate in the Project's consultation process: a. Determining and encouraging all related agencies, and especially APs, to join in consultation and participation; b. Establishing strategies for them to participate in project planning, implementation, monitoring and evaluation; c. Explaining strategies and details for disseminating necessary information and propaganda, and establishing procedures to enable APs to negotiate their entitlements; IAC Vietnam Page 81 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan d. Attracting related agencies to participate in making decisions at the different steps of Project implementation (e.g. modes of compensation, consulting APs on compensation and implementation schedules, etc); e. Setting up a schedule for activities such as providing information; compensation levels and modes; and establishing interests, locations and the relocation plan; f. Establishing procedures for redressing grievances. 8.2 PROCEDURES FOR CONSULTATION AND PARTICIPATION Responsible Organizations: APs will be informed by PMU about the responsibilities of all organizations and local governments concerned with resettlement, and the names and functions of relevant government officers along with their telephone numbers, office addresses and working hours. Implementation Procedures: APs will be informed of the estimated schedule for major resettlement activities, and that construction can only begin when resettlement activities are completed and APs have moved out of the Project area. It is necessary to emphasize that APs must move timely when once they receive all compensations for their affected assets. Compensation Resettlement Councils/Committees at all levels will be provided with maps and implementation schedules. Information dissemination: The Compensation, Assistance and Resettlement Policy Framework will be posted for APs and their community in public places such as the PMU, CPC, and urban/ rural district and commune/ward PCs. After the Resettlement Plan is approved by the CPC, they will be posted in public spaces such as the PMU, urban/rural district and commune/ward PCs, and on websites of WB information centers in Hanoi and Washington, D.C. The Resettlement Plan and the Compensation, Assistance and Resettlement Policy Framework will also be broadcast widely through media such as local radio and TV, and in newspapers, posters, leaflets, etc. Furthermore, the Project Information Booklet (PIB) will be needed for distribution in this phase. 8.3 METHOD OF PUBLIC CONSULTATION The methods of information dissemination and public consultation include Participatory Rural Assessment (PRA) through family visits, site visits, community meetings, group meetings, focus group discussions, and socio-economic surveys. At the beginning of the preparation stage, local authorities and other government leaders at various levels were informed about the Project, its objectives and activities. They were consulted and actively participate in discussions about the demand for development and the priorities in their hometowns. They can also contribute comments and ideas about possible adverse effects of the Project and how to mitigate them and increase their community's IAC Vietnam Page 82 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan interest in the Project. Local authorities were consulted about their consensus and commitment to the resettlement policy in the Project Framework that reflects the policies of both the WB and the Vietnamese Government. The mass media, including local television and the press, will broadcast the Project's objectives, components and activities in public areas once they have been approved. Community Meetings: Prior to the detailed design, community meetings should be organized in each affected commune or ward to provide more information to APs and create an opportunity for them to participate in open discussions on resettlement policies and procedures. Notification or invitations to the APs must be sent at least two weeks prior to the meetings. The purpose of these meetings is to clarify information up to the date of the meeting, create an opportunity for discussion, and clarify information. In addition to letters to individual households, information should be disseminated through posters in public areas of communes and wards, and rural/urban districts where APs are living, and/or via radio, newspapers, etc, to inform APs and the community. Men and women in affected households and other people in the community are encouraged to participate in meetings where the Project will be explained, the interests and entitlements of households will be clarified, there will be the opportunity for people to speak their concerns. Such meetings will be held periodically during the process of the Project. Textual and visual information will be provided for the APs in the meetings and copies of such information will be available in the City and concerned communes/wards in the Project area. The meetings should include: - Textual and visual explanations, including printed information and tentative drawings of the Project's for its different items. - Facilitating APs in expressing their opinions, answering their questions, and encouraging them to contribute their ideas to the recovery plans. - Rural and urban district CRCs preparing a complete list of affected households that participate in the meetings. - Rural and urban district CRCs record all questions, comments, ideas and decisions that arise during the meetings and consultations and reporting all contents/results of the meetings to the PMU. 8.3.1 Consultation during the Preparation Phase At the beginning of project preparation, local authorities and administrative leaders at all levels were informed about the proposed project and the objectives and its various components. They was thoroughly consulted and actively participated in discussions about their demands for development and their priorities, as well as their awareness of the project's objectives. APs were consulted about impacts and applicable measures to IAC Vietnam Page 83 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan minimize negative impacts and improve the benefits for local residents. Local authorities were also be consulted about their agreement with and commitment to implementing the resettlement policies. The Danang PIIP-PMU, with the support of the resettlement consultant team, conducted consultation on compensation and resettlement with stakeholders including officers from ward PC, leaders of population group and local residents in affected area. Before the survey, the PMU had a meeting with the leaders of wards/communes in order to notify project implementation and the implementation of the socio-economic survey and inventory of losses (IOL), then request the local governments to coordinate with proposed activities. After the survey and consultations, the consultant team had a meeting with local governments in order to report all survey/consultation results. At the same time, the consultant collected relating information, the advantages and disadvantages, lessons and proposed measures for resettlement plan and set up indicators of monitoring and continue implementation at the next phases. From June 2015, the public consultations have been carried out to inform and consult with the local people and community about project’s policies and their entitlements. The specific program is described as follows: Table 22: Public Consultation on Land Acquisition and Resettlement No. Locations Time Contents/Agenda 1. Introduction of objectives and participants; Hoa Khuong 2. Introduction of the SCDP; 10 June 1 commune, Hoa 2015 3. Introduction of proposed categories in Vang district wards/communes, 4. Proposed mitigation measures; 5. Proposed compensation measures, organization Hoa Hai ward, and implementation plan, proposed price list; 11 June 2 Ngu Hanh Son 2015 6. Discussion: 04 main issues district ✓ Socio-economic conditions IAC Vietnam Page 84 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan (jobs/income/poverty rate/residency status) and land/house ownership; Thac Gian 3 ward, Thanh 12/6/2015 ✓ Impacts and mitigation measures Khe district ✓ Proposed price list and demands of subsistence assistance; ✓ Proposed resettlement site Source: Resettlement Survey, May 2015 Contents and results of public consultation include the follows: 1. Local residents agreed with project implementation and plan of land acquisition. Regarding 3 work items, local residents assessed that all proposed categories were necessary because they will improve living conditions, facilitate the transport and make the environment cleaner. Local residents were aware of the project importance, most of local residents agree with the land acquisition for construction of the project’s work items. In this regard, representatives of the PMU agree with the people and noted comments of the people. 2. Affected persons wanted reasonable compensation to affected land. Land acquisition should avoid small fragmented lots because the remaining land is insufficient to produce. The land acquisition process should be disclosed and clarified. Beside the compensation for losses, the local residents also want payment for assistance for life stabilizing after the project implementation. In this regard, representatives of the PMU agree with the people and noted comments of the people. A document will be prepared and reported to relevant authorities for review of the comments. 3. Compensation options and price list should be notified to the local people. An agreement among local communities should be reached before the implementation and announcement, simultaneously consult with local people on the implementation plan of land acquisition and site clearance. Apart from the official staff, representatives from commune/wards also participate in monitoring process of compensation, assistance and resettlement such as commune/ward leaders, land officials, representatives of mass organizations, population group leaders and representatives of AHs. IAC Vietnam Page 85 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan In this regard, representatives of the PMU agree with the people and noted comments of the people. The PMU will cooperate with units in charge of compensation and site clearance for the project to handle this issue. 4. Most residents request convenient resettlement area to avoid any life disorder. Proposed resettlement area ensures the short distance to the previous area of local people. In this regard, representatives of the PMU agree with the people and noted comments of the people. The PMU will cooperate with units in charge of compensation and site clearance for the project to prepare document and report to relevant authorities for review and resolving expectations and wishes of the people and will carry out this issue. 5. Project and the authorities oriented training schemes for HHs whose land is acquired to avoid emerged social problems and social evils. Assistance measures are proposed to support HHs to stabilize their lives after the land acquisition, especially the households with solitary persons, the elderly and affected people. A proposed rehabilitation program needs to assist business loans, job training and job introduction to children of AHs in order to enhance their adaptation capacity to new life, especially HHs whose agricultural land is acquired. Households impacted with good business locations will be prioritized to be arranged business locations in the resettlement site. In this regard, representatives of the PMU agree with the people and noted comments of the people. The PMU will cooperate with units in charge of compensation and site clearance for the project to prepare document and report to relevant authorities for review and resolving expectations and wishes of the people and will carry out this issue. 6. Most of opinions recommended that the project ought to provide specific plan and soon implementation. During the project implementation, the project should ensure the schedule to avoid impacts on local lives, especially ensure no impact on irrigation system in the fields. In this regard, representatives of the PMU agree with the people and noted comments of the people. The PMU will cooperate with units in charge of compensation and site clearance for the project to prepare document and report to relevant authorities for review and resolving expectations and wishes of the people and carry out this issue. IAC Vietnam Page 86 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 7. Representatives of the PMU and stakeholders should consult directly with affected HHs and collect their feedbacks on compensation policies and other expectations. The consultations should be conducted regularly even when under the construction. During the project implementation, all feedbacks should be considered to adjust the construction that needs to be appropriate to people’s expectations. In this regard, representatives of the PMU agree with the people and noted comments of the people. The PMU will cooperate with units in charge of compensation and site clearance for the project to review and handle this issue. Besides, HHs also raised many questions regarding compensation rate, assistance to urban poor HHs, the criteria for resettlement of severely affected HHs. The opinions of the households in the consultation process have been recorded, summarized and incorporated in this report. 8.3.2 Consultation during the Implementation of Project During the Project's implementation, PMUs shall undertake the following with the support of the Project consultants: a) Providing information for district CRCs at all levels through training seminars and providing detailed information about the Project's policies and implementation procedures. b) Organizing information dissemination and consultation with APs during Project implementation. c) Comparing annual unit prices and the Project's tentative compensation unit prices; and reaffirming the scale of land acquisition and impacts on assets based on the results of the DMS and consultations with APs d) District People’s Committee will publish policies on compensation for land and assets and invite households to participate in popularizing the Project and its legal bases. e) Each household will in turn participate in the measuring and inventory of assets, and sign the drawings of the acquired housing/land and inventory of lost assets. f) Households will be involved in reviewing the draft plan for compensation, the calculation tables, and the amount of compensation for each household. g) Each household has the right to reflect, raise their questions about the calculation of compensation and have their questions answered satisfactorily according to their IAC Vietnam Page 87 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan specific situation, including issues related to resettlement such as prices, installment payments and procedures for documenting ownership in the new place. h) Household will participate in the review process for draft compensation plan, spreadsheet and estimate the compensation payment to each household. i) After that, district CRCs will calculate compensation based on the agreed prices and complete the compensation plan for affected assets. The PMU will present information on entitlements for APs in the next consultation with households. j) The plan for compensating assets shall clearly state affected assets and the compensation to which APs are entitled, and this shall be signed by the APs to show their agreement with the evaluation results. Any questions APs have on the contents of the plan shall be noted at this time. k) Sending invitation letters to the affected persons to inform them of the plans and clearly explain the consequences of each plan, if any. l) Requesting APs confirm their choice of RP and get their preliminary confirmation of the location of the resettlement area. Relocated households will visit the proposed resettlement areas to make their selection. m) Requesting APs to clearly state services they are currently using such as education, health care, and markets, and the distance they travel for these services. Affected and vulnerable APs will be consulted about their desires regarding restoration assistance in the RP. Project compensation boards will inform APs about the plan and their entitlement to technical assistance before requesting them to clearly present their desires for restoration assistance. Public Consultation Before starting detailed designs, the resettlement advisory group will conduct community meetings in affected wards/communes to provide additional information for APs and create opportunities for them to participate in open discussions about resettlement policies and procedures. Ward PCs or population groups will hold meetings to consider and resolve issues related to details of the Project, compensation policies, household’s land use status, and origin of used land. 8.3.3 Information Disclosure Beside the disclosure to APs and communities, the Resettlement Policy Framework and Resettlement Plans must be available in offices of the relevant agencies of city/district/ward People’s Committees and Info Shop in Washington DC and Vietnam Development Information Center (VDIC) in Hanoi. IAC Vietnam Page 88 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 9. GRIEVANCES AND REDRESS MECHANISM 9.1 RESPONSIBILITIES Agencies in charge of implementing the procedures for handling grievances and grievances during compensation and land acquisition include the City PC; relevant Departments; compensation and land acquisition councils at all levels; and local PCs in Project affected areas and the agencies in charge of site clearance compensation for the construction investment projects as well as the PMU. Depending on the functions and tasks at each level, the mechanism for handling grievances by APs will be regulated in accordance with legal documents promulgated by the State. Detailed procedures on handling grievances will be established for the Project to ensure that APs have the opportunity to present their grievances about compensation and resettlement. The objective is to quickly settle their grievances according to the established procedures. This mechanism will be designed in simple, understandable, quick and fair manner. Handling grievances at each Project level will facilitate the smooth implantation of the Project. APs who do not agree with the decision on compensation, assistance and resettlement are entitled to raise grievances based on the legal regulations. Handling grievances against compensation, assistance, land acquisition and resettlement decisions, and with the responsibility for resolving grievances, and validation and procedures shall be implemented in accordance with Article 204 of the Land Law 2013, Articles 89, 90 of the Government’s Decree No. 43/2014/ND-CP dated 15 May 2014 on guiding the implementation of the Land Law. While awaiting complaint settlement, people whose land is acquired must follow the decision on land acquisition and hand over land on schedule in accordance with the plan decided by competent state agencies. Grievances against administrative decisions on land management shall comply with regulations on sequence and procedures for settling grievances as regulated in Law on Complaints 2011. 9.2 GRIEVANCE PROCEDURES Any questions and grievances from project affected people on the compensation entitlements; compensation policy, compensation rates, land acquisition, resettlement and other entitlements to the life recovery program will be recognized and resolved by the functional units of all levels. The local social organizations as Fatherland Front, Farmers’ Union, Women's Union, and Reconciliation Panel, etc. are mobilized to participate actively in the process of settling grievances and questions of project affected people. The procedures for resolving grievances include four steps as follows: IAC Vietnam Page 89 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Step 1: APs’ grievances and questions of affected persons will be sent to the LFDC or the Ward People’s Committee or SCDP PMU in writing or verbally. The PMU will combine with other relevant agencies of the city to resolve the grievances. The LFDC and/or Ward People’s Committee shall be responsible for resolving the grievances within 30 days from the date of receiving grievances from the affected persons. For the complicated case, the redressing time may be prolonged but not greater than 45 days since the date of receiving grievances. Step 2: If affected persons are unsatisfied with judgment of the LFDC and/or Ward People’s Committee, they can send their grievances to the District People’s Committee. The DPC’s chairman cum Chairman of the CRC shall be responsible for considering and resolving grievances of the affected persons with the participation of the concerned agencies. These grievances shall be resolved within 45 days of receipt of the grievances. For complicated case, the redressing time may be prolonged but not greater than 60 days upon receiving grievances. Any affected persons’ grievances beyond the authority of the CRC will be reported to the CPC for resolving and informed to the affected persons. The CRC will be responsible for working with the competent authority of CPC for resolving grievances of the affected persons within 15 days. Upon resolution from the CPC, the DPC will be responsible for informing the affected person of resolutions. Step 3: If the affected persons are unsatisfied with the resolutions of the DPC (or the DRC), they will be entitled to send the complaint forms to the CPC for resolution. The CPC will be responsible for instructing the CRC and concerned agencies to resolve within 45 days upon receipt of grievances, at the same time inform the affected persons of the resolutions. Step 4: If affected persons are still unsatisfied with the CPC’s resolutions, their grievances can be sent to the City People’s Council or the Court for resolution in compliance with laws. In fact, according to Law on Grievances 2011, affected persons may file their complaint to the Court at any time. In case the affected persons send their grievances to the city people’s Council, the city People’s Council will instruct the CPC for consideration and resolution. Time of grievance redressing is 45 days since the date the city people’s council receives the complaint form. During pending the resolutions of grievances, including disputes from the court, the affected persons will hand over the layout according to the progress. The compensation payment will be transferred to a bank account. IAC Vietnam Page 90 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan The agency responsible for grievances and redress mechanism during site clearance and compensation is Danang City People's Committee and relevant departments, the CRC at all levels and PCs of communes affected by the project. All records of grievances and redressing of the concerned agencies are filed at the LFDC and PMU. The PMU shall be responsible for updating list of households with grievances and status of redressing in the internal monitoring report. IAC Vietnam Page 91 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 10. INSTITUTIONAL ARRANGEMENTS 10.1 INSTITUTIONAL FRAMEWORK Agencies in charge of land acquisition and resettlement include: o People's Committee of Danang City o Danang PIIP - PMU o District People's Committees o Land Fund Development Center o District Resettlement Committees o Ward People's Committees o Representatives of the APs’ community o Independent Monitoring Agency 10.2 RESPONSIBILITIES OF STAKEHOLDERS 10.2.1 City People’s Committee The City People’s Committee (CPC) is executive agency and responsible for implementing the Project, including the resettlement implementation of the project. CPC shall be responsible for complying with the RPF approved by the Prime Minister as a condition for appraising the project. CPC is the most powerful agency that approves the RP and makes decisions on resettlement-related issues such as compensation unit price, livelihood restoration measures for the project-affected persons. In addition, CPC shall direct the stakeholders to do their assigned tasks. After approving the RP of the Project, CPC shall be responsible for directing and monitoring the implementation of the RP, including timely solving grievances of the project-affected persons or the local authorities in the project area. CPC shall be responsible for: a) Direct relevant agencies: District People’s Committee (DPC), the PMU and th e District Resettlement Committee (DRC) shall be responsible: (i) preparing the position of resettlement site; (ii) carrying out the land acquisition and site clearance; (iii) reporting to the CPC of Danang issues arising during the implementation. b) Directing, organizing, propagandizing the organizations and individuals about the policies on compensation, assistance and resettlement. IAC Vietnam Page 92 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan c) Directing the DRC, relevant departments, DPC, Ward/Commune People’s Committee, the Client and concerned agencies to carry out the site clearance. d) Approving or authorizing the relevant authorities to approve the site clearance compensation plan, compensation and assistance amounts. e) Approving and issuing prices of land, assets for compensation payment and assistance. f) Directing the relevant agencies to redress grievances and grievances about compensation, assistance and resettlement under its authority. g) Deciding or authorizing the DCP to enforce unwilling cases to comply with the State’s decision on land acquisition. Conducting, inspecting and handling violations in compensation, assistance and resettlement regulations. h) Guiding and handling violations in compensation, assistance and resettlement. 10.2.2 Relevant Departments and Divisions The Department of Finance (DOF) shall be responsible for appraising the compensation rate proposed by the relevant authorities based on results of independent land price appraisal and submitting to the CPC for approval. In the beginning of RP implementation, the DOF will closely coordinate with DOC, Department of Natural Resources and Environment, Department of Transport and Public Works, Department of Industry, District People’s Committee in appraising unit prices and proposing CPC to adjust if necessary to ensure that compensation rate is replacement cost at time of compensation for the project- affected persons. Department of Finance: a) Coordinate with the relevant agencies to submit prices of land and assets to the CPC for approval. b) Appraise the compensation, assistance and resettlement plan. c) Checking the compensation payment, assistance and related costs. Department of Natural Resources and Environment: a) Guiding to determine categories and area of land as well as entitlements to compensation when the State acquires land. b) Coordinate with DPI, DOC, DOF to submit to the CPC for making decision on land acquisition scope. c) Evaluating and selecting the compensation, assistance and resettlement plans. IAC Vietnam Page 93 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan d) Submitting to Danang People’s Committee for making decision on land acquisition scope. Department of Construction: a) Guiding to determine scope, area and legal status of the structures attached to the acquired land. b) Re-appraising quality of houses, structures, museums, ports and other construction works. c) Determining price of houses and structures built on land for calculating compensation value to submit to the CPC for approval. d) Coordinate with the competent authorities to determine position and scope of the resettlement sites. 10.2.3 Danang PIIP-PMU Danang PIIP-PMU shall take general responsibility for the project ’s operations, including resettlement. The PMU includes technical, financial, accounting, social and resettlement divisions. PMU will be responsible for: a) Preparing the general plan, management and (internal) monitoring the implementation of RP. b) Support the CPC to appraise and approve the land acquisition decision, including the updated RP with compensation prices adjusted appropriately based on results of the replacement cost survey. c) Coordinating with the District Resettlement Council and Compensation and Site Clearance Unit and relevant agencies to implement the compensation and resettlement activities effectively in accordance with the principles and objectives set forth. d) Recruiting and monitoring the consultant, including recruiting and monitoring activities of the independent monitoring agency. e) Building up a mechanism of disbursement and resettlement compensation payment to the project-affected households. Prepare the periodical report and necessary documents for the project. f) Participating in redressing and regulating the redressing of grievances adequately. g) Allocating land in the resettlement site of the project for the relocated households IAC Vietnam Page 94 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 10.2.4 The Land Fund Development Center (Site Clearance Compensation Board) a) Preparing the plan or propose the clearance compensation plan for preparing the layout for the project implementation. b) Directly implementing the compensation and land acquisition. The clearance and compensation unit will organize the determination and verification to carry out the clearance compensation according to the approved plan. c) Coordinating with the District/ward People’s Committees, functional departments and the Danang PIIP-PMU to implement the site clearance effectively. d) Arranging the resettlement for the relocated households. 10.2.5 District People’s Committee a) Directing, organizing, disseminating propaganda and motivating all concerned organizations and individuals to comply with the compensation, assistance and resettlement policies. b) Directing the DRC to prepare and implement the compensation plan. c) Coordinating with the departments, divisions, organizations and the Client to implement the project. d) Solving grievances related to compensation, assistance and resettlement. 10.2.6 District Resettlement Council (DRC) The District Resettlement Council (DRC) is established by the City People’s Committee at districts which are affected by the land acquisition. Chair of DRC is leader of DPC and members of DRC include: The Land Fund Development Center Danang PIIP-PMU District Natural Resources and Environment Division. People’s Committees of districts, wards and communes where land is acquired. District, ward and commune Fatherland Front. Representatives of the population groups and households whose land is acquired. Responsibilities of the District Resettlement Council: a) Preparing and organizing the implementation of compensation, assistance and resettlement plan. b) Inspecting and taking responsibility for the compensation calculation for households and summarizing volume of compensation payment to submit to the CPC for IAC Vietnam Page 95 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan appraisal and approval, then directly payment to the affected households right after receiving the compensation fund. c) Reflecting expectations and participating in solving APs’ grievances related to compensation entitlements and policies. d) Closely coordinating with the independent monitoring agency. e) Working under the principle of collective decision by majority rule. 10.2.7 Ward /Commune People’s Committee a) Commune People’s Committee will be responsible for coordinating with the functional agencies to determining land and assets. Reflecting feedbacks of local people to the PMU and the Clearance Compensation Unit. b) Investigating, surveying and motivating local people to comply with the site clearance decision. The propaganda contents include purpose of land acquisition, compensation, assistance and resettlement policies. 10.2.8 Independent Monitoring Agency The independent monitoring will be implemented by a research institute, university or a NGO specializing in social sciences. This agency will carry out the socio-economic survey, monitoring and evaluation of the RP implementation. The reports on progress and conformity of the RP and relevant proposals will be prepared on periodical basis. 10.2.9 Grievance Redress Mechanism Depending on functions and tasks of each authority, grievance redress mechanisms for the affected households will be established in accordance with laws. Any grievances arising from affected persons on eligibility, compensation policy, compensation rate, land acquisition, resettlement and other entitlements such as life restoration programs will be received and solved by the functional agencies at all levels. Social organizations such as the Fatherland Front, Farmers’ Union, Women’s Union and conciliation panel will be mobilized to positively participate in the process of redressing grievances of APs. Grievances and grievance redress will be mentioned in detail in Chapter 9 of this RP. IAC Vietnam Page 96 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 11. IMPLEMENTATION PLAN 11.1 MAIN ACTIVITIES To ensure the project to be implemented successfully and effectively, main activities will be established through a resettlement schedule with specific timetable to evaluate the progress of work items at certain time. The plan should be prepared from beginning the project until completing the project. Main activities to be implemented include: a. Notify the cut-off date and compensation rates. All affected households will be informed fully of compensation entitlements and policies in RP, including the eligibility, entitlement policies, compensation mode and rate, schedule, grievances and redress mechanism. Public information booklet (PIB) will be prepared by the PMU and released to affected households or informed at the meetings or public consultations. In addition, leaflet, panel and poster will be released to each household and publically disclosed in such public places such as ward People’s Committee, community house, medical stations and schools. Informing the land acquisition policy of the project, decision on approving the project and decision on approving project design. b. Carry out the socio-economic survey at the project area. c. Build up the resettlement development plan. d. Build up livelihood restoration program/measures. e. Carry out the compensation, assistance, resettlement and livelihood restoration. f. Evaluate the project impacts on affected households. One year after completing the project, a socio-economic survey will be carried out to evaluate project impacts on beneficiaries and affected households. Results of this socio-economic survey will be used for evaluating of impacts on community and learning lessons for activities, designing and implementing the project later. 11.2 IMPLEMENTATION STEPS Sequence and procedures for compensation and resettlement are based on the provisions of the Government’s Decree No. 47/2015/ND-CP dated 15 May 2014 and Decision No. 06/2015/QD-UBND dated 14 March 2015 of the CPC of Danang on promulgating regulations on compensation, assistance and resettlement when the State acquires land in Danang city. With the legal bases and organizational structure and cooperation with the stakeholders as above mentioned, some basic compensation and resettlement activities are carried out with the following steps: Step 1: Determine and announce land acquisition policy CPC of Danang will issue an official dispatch on land acquisition policies or approving the investment location at the request of the DOC regarding planning and the DONRE regarding project’s demands for land use. IAC Vietnam Page 97 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan The determination and announcement of land acquisition policies are based on the appraisal of land use demand from the Department of Natural Resources and the Environment submitted to Danang city for approval. District PC is responsible for directing the publicly disclosure of the land acquisition policies and regulations on land acquisition, compensation, assistance and resettlement when the State acquires land for the purposes of national defense, interests, public utilities and economic development. Ward PCs are responsible for openly posting the land acquisition policies at the Ward PC headquarters and in the residential areas where land will be acquired, and announcing publicly on ward/commune radio stations (if any). Step 2: Approve the detailed planning for project works and announce the planning design Based on the official documents of the CPC regarding land acquisition policy, the DOC assigned the Institute for Construction Planning to coordinate with the PMU to prepare the detailed and general planning for submitting to the CPC for approval. The District PC will preside over and coordinate with the relevant departments and PMU in planning design, landmark handing over, posting and announcing in the project residential area. DONRE will base on the project general planning approved by the CPC for implementing procedures for land acquisition and land allocation. Step 3: Prepare, appraise and approve the master plan for compensation, assistance and resettlement. The CRC (with the support of the Client’s representative) will prepare a general plan for compensation, assistance and resettlement (hereinafter called the master plan) based on the approved RP, available data and documents supplied by the National Resources and Environment Agency and submit one copy at the office of the Financial Agency for the purpose of appraisal. The master plan shall contain the following: a. The basis for preparing the plan; b. Synthesized statistics on all land types in the area, agricultural land levels, number of map pages, number of lots; and estimated value of assets on the land; c. Synthesized statistics on the number of households, population, and laborers in the acquired land area, which clearly specify the number of APs and laborers changing jobs; IAC Vietnam Page 98 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan d. Estimation of compensation and assistance rates; estimated location and area of resettlement sites or houses and modes of resettlement; e. Estimation of supporting measures to resolve employment and training plans for job changers; f. List of works, scope of governmental works, religious organizations, displaced communities, and the expected place of relocation; g. Number of displaced graves and the expected place of relocation; h. Estimated costs for realizing the plan; i. Financial sources to realize the plan; j. Progress of plan implementation. Step 4: Announce the land acquisition, evaluation, compensation and resettlement After the master plan is approved, CRC shall be responsible for informing the land users of reasons for land acquisition, estimated compensation, assistance and resettlement rate, job changing assistances, job creation, schedule of relocation and handing over acquired land as mentioned in the master plan. Land users shall be entitled to base on legal regulations for giving comments, recommendations or requesting CRC for explaining contents announced above. Step 5: Decision on land acquisition Pursuant to the Danang CPC’s Decision on approving the investment project and instruction documents on land acquisition for the project implementation. The Danang city Resettlement Committee of construction investment projects will issue a decision on land acquisition in line with the affected area for each affected household. Step 6: Redressing grievances related to decision on land acquisition During the course of land acquisition, any grievances from local people will be settled according to the grievance procedures as indicated in item 9.2. Step 7: Declaration, inventory and summary of affected assets The agency in charge of compensation, assistance and resettlement will release the declaration form, instruct how to declare and collect these declaration form the affected households to prepare the compensation, assistance and resettlement plan. Affected households will declare area, grade, categories, location of the affected land, volume and quality of existing on-land assets, number of household members, number of laborers, express expectations for resettlement (if any) for sending to the agency in charge of compensation, assistance and resettlement. IAC Vietnam Page 99 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan In addition, an independent valuer will conduct a survey and census for information related to replacement cost of land, assets and architectural facilities through the local authorities and reference to the transactions in the local market. In case the market price is higher than posted price released by the CPC of Danang, the CPC will request the concerned agencies to update the unit price equivalent to market value. For the SCDP, an independent valuer will be recruited to appraise price of land and assets. Step 8: Establish the compensation, assistance and resettlement plan Pursuant to the detailed statistics of affected land and assets of each affected person, the copies of dossiers regarding land origin, household members, policy objects, compensation rate and assistance policies. The CRC will prepare the compensation and assistance rate for each affected persons and send to the DOF for appraisal and submit to the CPC for approval. The compensation plan should indicate full quantity, volume, type, rate and quality (for assets stipulated to be depreciated) of on-land assets and bases of calculation. The CRC will base on the approved plan to request the DRC to propose the CPC to allocate land lot for the relocated households. Step 9: Approve the compensation, assistance and resettlement plan After consultation with affected households, the compensation plan will be submitted to the competent authorities for appraising and approving. Step 10: Disclose the compensation, assistance and resettlement plan After the compensation, assistance and resettlement plan is approved by the competent authorities, the CRC will be responsible for disclosing, posting and declaring the compensation, assistance and resettlement plan, stating information about the compensation, relocation and site clearance schedule. Step 11: Compensation payment, assistance and resettlement Within 15 days since the date of approving the compensation plan, the CRC will make compensation payment to the affected households. After the compensation plan is approved, affected persons will receive 80% of compensation payment. After signing the minutes of land allocation, affected persons will receive remaining amount (20%). In conclusion, the affected persons will relocate after receiving fully 100% of compensation payment. Step 12: Site clearance and land acquisition The PCs at all levels will coordinate with the mass organizations to maneuver the affected households to comply with the decision on land acquisition, to receive the compensation IAC Vietnam Page 100 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan payment according to the compensation plan approved by the competent authorities, to remove architectural facilities and on-land assets and hand over land in stipulated time. Parallel with the above-mentioned steps, after the detailed designing is approved, the PMU will recruit a resettlement specialist and Independent monitoring agency to carry out the independent monitoring for the compensation and resettlement of the project. Particularly, the resettlement specialist will be responsible for supporting the PMU in implementing and internal monitoring the implementation by the CRC and IMA will be responsible for periodically monitoring the compensation and site clearance of the project. The IMA shall be responsible for periodical monitoring the compensation and land acquisition of the project. 11.3 IMPLEMENTATION SCHEDULE Table 23: Implementation Schedule Main activities Schedule Resettlement plan Identification of Project Location and Notification of Land May 2015 Acquisition Conducting SES, IOL, public consultations with affected May – June 2015 people and preparation of Resettlement Plan Submitting to the PIIP-PMU/DOT for consideration Early July 2015 Submitting the Resettlement Plan to WB November 2015 Implementation of Resettlement Plan Preparation of cadastral dossier and landmark for land December 2015 to March acquisition. 2016 Implementation of Public consultation and Dissemination; December 2015 to March DMS, RCS and documentation of detail compensation plan(s) 2016 Compensation payment June 2016 Relocation and Restoration measures (if any) June – July 2016 Site clearance July 2016 November 2016 to Construction contract November 2018 Ex-post Evaluation of Resettlement November 2017 IAC Vietnam Page 101 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 12. MONITORING AND EVALUATION Monitoring and evaluation during the project implementation and a due diligence will be carried out to ensure the land acquisition and resettlement to be implemented in accordance with the regulations and guidelines described in the resettlement plan. The monitoring will provide all stakeholders with all continuous feedbacks about the land acquisition and resettlement. This activity will be able to assess the potential successes and difficulties to give timely adjustments during the project operation. Purposes of the monitoring and evaluation are: (i) to verify whether the project activities comply with the plan and are completed effectively in regards to quantity, quality and progress or not; (ii) to assess whether resettlement activities achieve the Project objectives, and at what level. Danang PIIP – PMU, EA and IMA will regularly monitor the resettlement implementation. 12.1 INTERNAL MONITORING Internal monitoring of the RP implementation is the responsibility of the Danang PIIP- PMU with the assistance from the project consultants. Danang PIIP-PMU will monitor the progress of RP preparation and implementation through the quarterly regular progress reports. Main indicators of internal monitoring include: a) Provision of compensation payment and assistance to the affected households at various level in accordance with the compensation policies mentioned in the RP b) Technical assistance, relocation, allowances and transitional allowance. c) Provisions of income restoration assistance and entitlements to restoration assistance d) Information dissemination and public consultation. e) Monitoring grievance redressing procedures and solutions . f) Issues arising during the resettlement plan implementation g) The compensation and resettlement plans with the cost estimate for next time h) Filling in the questionnaire as Annex 2.1. 12.2. EXTERNAL MONITORING External monitoring will be carried out by a consulting firm/ NGO experienced in monitoring and evaluation of the socio-economic survey. The PMU will sign a contract with the IMA. The external monitoring will be funded by the ODA fund of the project. The IAC Vietnam Page 102 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IMA will prepare a semi-annual periodical progress report and propose solutions to address any issues arising during the monitoring. Main indicators include: a. Compensation payment and assistance for affected households based on the compensation policy described in RP; b. Technical assistance, resettlement assistance, allowance and resettlement; c. Provision of income restoration assistance; d. Information dissemination and public consultation; e. Grievance redress procedures, focus issues to be resolved; f. Monitoring the progress of land acquisition. Methodology and Approach: Sample survey A socio-economic survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan implementation. Monitoring will be on a sample basis. The sample size should be 50% of relocated households and severely-affected households and at least 10% of all other households. The sample survey should be conducted twice a year. The sample survey comprises women, the elderly, and other vulnerable groups. It should ensure gender equality in the survey samples. A due diligence will be carried out every 6 months after completion of all resettlement activities. The IMA will take responsibilities including but not limited to: (i) checking the compensation documents and (ii) working with the CRC and local authorities to collect all the necessary data and information; (iii) interviewing with local people; and (iv)focus group discussion. Data collection The IMA will maintain a database of resettlement monitoring information. It will contain results of independent monitoring, basic information collected and updated from affected households. All collected and updated databases will be submitted to the PMU, EA and the Bank. Monitoring Report The monitoring report will be discussed in a meeting between the IMA and PMU held immediately after submission of the report. Necessary follow-up actions will be taken based on the problems arising as mentioned in the reports and follow-up discussions. IAC Vietnam Page 103 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan The independent monitoring reports are implemented before, during and after resettlement. This report reflects the following contents: Verify the results of internal monitoring. Assess if the resettlement objectives achieve, and how the income sources and living standards of APs are restored and improved? Consider if the resettlement entitlements are appropriate with the conditions of affected households and meet the resettlement objectives? Evaluate the resettlement effectiveness, impacts and sustainability, proposal of necessary adjustments and lessons for the planning and developing the resettlement policy in the future. Ex-post resettlement assessment In the fact, this is assessment at stipulated time on impacts of resettlement and achieved objectives. Independent monitoring will include an assessment on resettlement process and impacts from 6 to 12 months after completing all resettlement activities. Questions for assessment are used on the basis of database in the project database system and sample questions which were used for monitoring activities. In case the assessment results show that livelihood of severely affected households has not been restored according to the project’s objectives, additional fund source is required to be provided for continued assistance to AHs. This independent monitoring report will be submitted to the PMU and WB for monitoring/following up the progress and effectiveness of the compensation. Or on the other hand, when the project is unfinished, the WB will continue to conduct monitoring until resettlement activities as mentioned in RP are implemented. When the project is finished, an Implementation Completion Report (ICR) will assess achievements of resettlement and learnt lessons which will be incorporated in the PMU’s assessments in accordance with OP/BP 4.12, paragraph 24.12. If such assessment identifies that objectives of resettlement are not met as expectation, ICR will assess relevance level of resettlement measures and propose measures in next time, including follow-up monitoring of the Bank. Assessment contents of ICR will be based on the socio-economic survey for AHs which will be conducted at the end of project (or the end of subproject) and indicate impacts of land acquisition and impacts on livelihood of AHs. IAC Vietnam Page 104 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 13. COST ESTIMATE 13.1 FUNDING SOURCE The resettlement plan will cover the detailed costs of compensation and restoration assistance, resettlement costs for specific land (agricultural land, residential land, etc.), types of works and other impacts. The project resettlement costs are prepared based on the updated compensation unit prices issued by the City People’s Committee, which reflect the market value/ replacement cost of all affected assets at time of compensation. During the project implementation, an independent valuation agency will conduct the replacement cost survey for land, assets and crops affected by the project. This agency shall establish a replacement cost as a basis for Danang City People’s Committee for making decisions on compensation rate suitable with the market prices. The funding source for different activities of resettlement programs is mentioned in the table of estimation cost. The cost for the implementation of Resettlement Plan will be taken from the counterpart fund and the cost of recruitment of IMA will be taken from the loan. The budget for the RP implementation will be a part of counterpart fund of the GoV (budget of CPC of Danang). CPC of Danang will provide counterpart fund for the compensation and resettlement and this cost will be included in the total investment costs of the Project. The Danang PIIP-PMU will disburse this fund for land acquisition, assistance and resettlement of the project through the Land Fund Development Center (City Resettlement Committee). This Center will be responsible for paying directly for the project affected households. 13.2 REPLACEMENT COST SURVEY The method to determine the losses of the projects financed by the World Bank is based on "REPLACEMENT COST". In this project, the damages are relating urban land, buildings and other assets. Urban land area with the same value should be fixed based on replacement costs, taking into account the public works and social services plus the cost of registration and transfer taxes. For houses and other buildings, their values are determined by market prices of construction materials to build replacement houses with acreage and quality at least same as their old houses, or to repair the affected parts of structures plus the costs of transporting materials, labor and bidding costs, registration fees and transfer taxes, excluding depreciation and value of salvage materials. Land compensation rate At the time of RAP preparation, the RCS consultant has not been identified and the RCS has not been implemented. However, to have basis for determining the cost estimate of IAC Vietnam Page 105 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan compensation for the project components, the PMU has applied the latest rates issued by the city People’s Committee, with reference to the market factors to apply provisionally calculated rates, using coefficient of K=1.5 as shown in Table 24 below. Table 24: Proposed Unit Price of Compensation for Residential Land Unit price under No. District/ward Decision No. Coefficient Proposed unit price 50/2014 1 Ngu Hanh Son district 1.1 Hoa Hai ward 2,500,000 1.5 3,750,000 1.2 Phuoc My ward 2,500,000 1.5 3,750,000 1.3 Man Thai ward 2,500,000 1.5 3,750,000 2 Thanh Khe district 2.1 Thac Gian ward 7,800,000 1.5 11,700,000 3 Lien Chieu district 1 Hoa Hiep Nam ward 400,000 1.5 600,000 2 Hoa Khanh Bac ward 400,000 1.5 600,000 4 Hoa Vang district 4.1 Hoa Khuong commune 470,000 1.5 700,000 4.2 Hoa Lien commune 200,000 1.5 300,000 Source: Resettlement Survey, May 2015 For the purpose of reference, the Consultant collected land unit prices for land on the roadsides on the real estate market from many different sources: o Decision No.50/2014/QD-UBND dated 20 December 2014 of CPC of Danang city, promulgating regulations on prices of land in various categories in Danang city; o Decision No.63/2012/QD-UBND dated 20 December 2012 of CPC of Danang, promulgating regulations on compensation, assistance and resettlement when the State acquires land in Danang city; o Information from real estate transaction platforms and centers; o Consultations with local authorities and DPs Unit price of land in the project area are determined based on the result of replacement cost surveys, through working with local authorities, and the information on the market transactions. The replacement cost survey also showed the different between the surveyed unit price and that established by the Da Nang CPC. Compensation rate for architectural facilities The feature of the houses in the project area is house grade 3 and 4, temporary house and insignificant number of solid brick houses. In addition, there are some other structures such IAC Vietnam Page 106 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan as: Yards, gardens, living areas ... and some temporary structures. For houses associated with other structures in the project area, their value is determined by market prices of building materials to build a replacement house of the same area and quality at least, or to repair the affected structures, plus transport material costs, labor costs, bidding cost, registration fees and transferable taxes. Asset and value of salvageable materials will not be deducted. Through the review of new compensation policy issued by CPC of Danang for architectural works, the PMU proposed the compensation unit prices for architectural facilities, assets on land in the project area accordingly to Decision 50/2014/QD-UBND on 20 December 2014 by Danang People's Committee relating unit prices of houses and structures, graves, plus 20% inflation for such architectural objects. The prices for architectural items and the compensation prices for trees and crops are in the attached appendix. Based on the proposed rates, the estimated cost for compensation and assistance shall be determined in the following part: Cost Estimate. Cost estimate During implementation phase, an independent land valuer will be mobilized to survey and propose a set of replacement costs for all types of affected land (both agriculture and residential land) and assets, which will be served as basis for Danang City PC to decide compensation price to ensure that it is at the market price. 13.3 COST ESTIMATE Costs for compensation and resettlement including RP preparation and implementation costs and administrative and management costs are estimated based on the following items7: o The costs for affected land and property compensation in the project area; o The costs for the program of income restoration and special support for vulnerable groups (policy families, families deserving for the revolutions, family owned by women, disabled people, poor households etc.); o The allowances, subsidies, bonuses for affected people to move out of the project areas as scheduled; o The cost for recruitment of domestic resettlement specialists and independent consultant; 7 The cost for CRCs at city, districts levels and local authorities for the implementation of the RP are disbursed from the city budget, which is not included in this Item. IAC Vietnam Page 107 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan o Contingency cost: The new Land Law, every January, the city People's Committee will issue the unit prices of land. Experiences shows that in most cases, land prices increase gradually each year. The detailed statistical analysis of impacts and cost estimates will be divided into categories and represented in the part below. Table 25: Cost Estimate N Number Rate Items Unit Quantity Amount o of HHs Price/Unit Compensation for land, structure and other fixed assets A Land 359,054 74,145,103,600 Residential land 418 m2 lump sum 58,269.4 59,711,420,000 Agricultural land 484 m2 70,000 180,822.2 12,657,554,000 Agricultural land 120 m2 42,000 42,288.8 1,776,129,600 assigned to HHs Public land 9 m2 77,673.6 - Structure (Residential B 12,322,440,000 and shop) 1 Permanent 206 m2 1,950,000 6,319.2 12,322,440,000 2 Semi-permanent 0 0 0 0 3 Temporary 0 0 0 0 C Other fixed assets 4,061,470,789 1 Auxiliaries (m2) 133 m2 1,090,000 1,136.2 1,238,447,100 2 Walls (m) 148 m 340,000 4,288.8 1,458,193,689 3 Yards (m2) 283 m2 100,000 12,221.2 1,222,120,000 4 Water tank (m3) 10 m3 635,000 40.0 25,400,000 5 Gate pier 146 pcs 675,000 146.0 98,550,000 6 Graves 9 pcs 1,340,000 14.0 18,760,000 Allowance to cover D Repair cost 2,427,750,000 (Residential + Shops) - Permanent m2 1,950,000 1,245.0 2,427,750,000 E Trees, crops 2,274,332,000 1 Trees 25 tree lump sum 352 43,222,000 2 Crops (paddy) 484 m2 10,000 223,111.0 2,231,110,000 F Sub -Total 1 = A+B+C+D+E 95,231,096,389 G Allowances 25,447,831,000 3,000,000 1 Transitional Allowance 143 HH 429,000,000 dong/HH House renting 1,500,000 2 Allowance for displaced 139 HH VND/household/ 1,251,000,000 HHs month *6 months 30kg of 3 Subsistence Allowance 556 Person rice/person/month 1,100,880,000 x 6 months IAC Vietnam Page 108 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan N Number Rate Items Unit Quantity Amount o of HHs Price/Unit 30kg of Subsistence Allowance 588 Person rice/person/month 582,120,000 x 3 months 4 Job changing Allowance 484 m2 105,000 dong/m2 180,822.2 18,986,331,000 Compensation for loss of 3,000,000 16 HH 48,000,000 business dong/HH Allowance for poor 3,000,000 5 3 HH 9,000,000 households dong/HH Bonus for timely hand- 2,500,000 6 759 HH 1,897,500,000 over dong/HH 8,000,000 143 HH 1,144,000,000 dong/HH H Sub -Total 2 =F+G 120,678,927,389 I Management cost 8,447,524,917 Independent monitoring 1 2% 2,413,578,548 consultant (2%) 2 Contingency (5%) 5% 6,033,946,369 K Total K=H+I 129,126,452,306 Rounding 129,120,000,000 USD 6,005,581 Accordingly, total cost of compensation, assistance and resettlement for the adjustment item (Danang SCDP) (including building infrastructure for Hoa Khuong resettlement site, adjustment items under Component 1: Water supply and drainage improvements and Component 2: Strategic urban road: Development of bus rapid transit - BRT) is VND 129,120,000,000 (in words: One hundred twenty nine billion, one hundred and twenty million dong only), equivalent to US$ 6,0 million. Cost for implementation is allocated from the counterpart fund of Danang city. IAC Vietnam Page 109 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan ANNEXES ANNEXES Annex 1: Minutes of Consultation Meetings IAC Vietnam Page 110 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 111 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 112 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 113 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 114 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 115 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 116 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 117 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 118 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 119 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 120 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 121 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 122 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 123 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 124 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 125 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Annex 2: Some Photos at Site IAC Vietnam Page 126 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Annex 3: Socio-economic Survey Questionnaire QUESTIONNAIRES FOR SOCIO-ECONOMIC AND ASSET SURVEY FOR PROJECT AFFECTED HOUSEHOLDS A. SOCIO-ECONOMIC SURVEY Name of surveyed area :……………………….. Ward ……………… District………. Component: ………………………… Full name of interviewee:…………………………………………………………………. Age :…………. Gender: Male Female Relation with householder: ............ 1. Information on PAHs 1.1. Householders: 1 Name of householders 1- Male 2 Gender: 2- Female 3 Age 1- Kinh / Vietnam 3- Chinese 4 People 2- Khmer 4- Others……………… 1- Married 3- Divorced 5 Marital status 2- Widowed 4- Single 1- Illiterate 4- Secondary school 6 Education level 2- Non-graduated from primary school 5- High school 3- Primary school 6- Others…………………. 1- Agriculture 6- Government employees 2- Fish raising/aquiculture 7- Teacher/Health care officer 7 Main jobs 3- Business 8 - Unemployed 4- Driver 9- Retired/housewife 5- Employee 10- Others (in detail) 1.2. Members in families Male Female Total 1 Members who always live in families 2 0-5 age 3 6-17 age 4 18 age upwards 5 Children in school age 6 Number of main labor (16 years old upwards) IAC Vietnam Page 127 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 2. Living conditions of households 1 Energy – lighting:…….. 1- National grid 4- Petroleum 7- Coal 2- Generators 5- Gas 8- Wood 2 Energy – cooking: ……… 3- Battery 6- Candle 9- Others 1- Rainwater 4- Tap water 6- Purchase Domestic water 2- Excavated 5- Canal, river, 7- Others 3 sources:…… pond 3- Deep built well/ drilled well 1- Two-apartment latrine 3- Public latrines 4 Latrines:………… 2- In-house latrine 4- No latrine 3- 3. Income and expenditure of households 3.1. Income sources 1 Main income 1- Farming 6- State official/personnel 2- Fish raising/aquiculture 7- Teachers, medical staff 3- Business 8 - Unemployed 2 Extra income 4- Driver 9- Retired, housewife 5- Employee 10- Others (details) 3.2. Total income Source VND/ month VND/ year 4 Main source 5 Extra source 6 Total (from all sources) 4. Expenditure of households Total average expenditure of households in one month?....…………………..VND 5. Kinds of families (ranked by Ministry of Labor, Invalid and Social Affairs) Kind of 1 1- Not poor 2- Poor 3- Very poor households 3- Contributed to 1- Invalids 2 Policy families revolution 2- Martyrs 4- Mothers of heroes B. STATISTICS ON ASSETS (DMS) IAC Vietnam Page 128 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan Project items …………… 1. Occupied land Which kind of land affected by the project? Total Affected (m2) When Legal Current area using for charact land Perma Tempor (m2) the first eristics using nently arily time? of land status 1 2 3 4 5 6 Residential 1.1 land/housing land 1.2 Rice growing land 1.3 Garden land Forest land/ tree 1.4 planting land Shrimp/fish raising 1.5 pond Other agricultural 1.6 land Non-agricultural 1.7 land 1- Land using certificate or Using for Legal 1- Before 12/1980 possibly obtain Land using the first characteristics: 2- From 1/1981 to certificate time: 15/12/1993 2- Rent, borrowed or use 3- After 15/12/1993 temporarily. 3- Have no legal rights Current 1- For living only 6- 3 crops of rice 11- Planting perennial trees land 2- For living /shops 7- 2 crops of rice 12- Raising shrimps and fish using 3- Using as shops only 8- 1 crop of rice 13- Raising shrimps by status 4- Production place/ garage 9- Fruits on earth extensive farming 5- Other use 10- Vegetables 14- In combination of raising rice/shrimps 15- Others (show in details) 2. Affected architectural objects Which main architectural objects affected by the project? PAHs renting houses Total Affected Class Current Renting fee How to Kind of area area of using in one be works Yes (m2) (m2) house status month affected? (VND) 1 2 3 4 5 6 7 8 2.1 2.2 2.3 IAC Vietnam Page 129 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 2.4 Kind of work: 1- For living only - Shop 5- Community 2- Living/shop 4- Industry / store 6- Others Class of house: 1- Class 1 4- Class 4 2- Class 2 5 – Temporary 3- Class 3 house Current using status: 1- For living only 5- Industry / store 2- For living /shops 6- Renting structures 3- Using as shops only 7-Others (show in 4- Community details).................................................... (schools,…) Which kind of auxiliary works affected by the project? Part to be affected Type of How are initial Kind of works works M2 M Quantity construction affected? materials 1 2 3 4 5 6 2.5 2.6 2.7 2.8 2.9 2.10 Architectural objects: 1- Eaves 6- Fence 11- Watt-hour meters 2- Eaves/brick wall and 7- Gates 12- Water meter sidewalks 8- Drainage 13- Communication cable, ADSL 3- Kiosk for business culverts 14- Water pipeline 4- Kitchen /toilet/ separate 9- Well 15- Others bathroom 10- Graves 5- Animal cages Initial construction materials: 1- Bamboo 4- Concrete 2- Wood 5- Corrugated iron/steel and iron 3- Brick 6- Others……………………. 3. Affected trees Quantity of PAHs Size/age Group of trees Diameter Quantity m2 Year (cm) IAC Vietnam Page 130 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan 1 2 3 4 5 3.1 Group 1 3.2 Group 2 3.3 Group 3 3.4 Group 4 3.5 Group 5 3.6 Group 6 3.7 Group 7 Group 1 – Longan, coconut-palm, mango, star apple Group 5 – Ananas, sugarcane Group 2 – Orange, mandarin orange, grapefruit, seri Group 6 – Eucalyptus, conch, acacia, Group 3 – Guava, malva nuts, pepper, papaya china tree Group 4 – Papaw, banana, others Group 7 Cajuput, bamboo, others C. CONSULTATION ON COMPENSATION AND RESETTLEMENT 1. Which mode of compensation do you want to receive? 4. Land for land for building 1 5. Compensation in cash 2 6. Compensation in cash and land 3 7. Other modes (please mention in detail) …………………………………………….. 2. (Interview relocation households) Where do your family want to resettle? 8. Want to live at current ward 1 9. Want to live in the resettlement area in the city 2 10. Want to live in resettlement apartments 3 11. Want to buy/arrange habitat by self 4 12. Other modes (please mention in detail) ……………………………. 5 3. Are you willing to contribute to construction of infrastructure at community or of the city (for households in Component A) or not? 13. Yes (continued with questions 3.1) 1 14. No (continued with questions 3.2) 2 3.1. If yes, how do you want to contribute? 15. Donate the affected land (without receiving compensation) 1 16. Donate affected architectural objects 2 17. Contribute in cash 3 18. Other modes (please mention in detail)...... 4 3.2. If no, why? 19. Have no money to contribute 1 20. That is responsibility of the state 2 21. Other reason (please mention in detail):………………….. 3 4. Which support do you want to receive from the project? - Vocational training 1 What kind of jobs………………… - Borrowing loand 2 IAC Vietnam Page 131 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan - Creating jobts 3 - Others 4 Please mention in detail: ………………… - Have no proposal (please continue with question 5.2.1) 5 4.1. In case without proposals, what do you intend to restore your income? (please mention in detail) ……………………………………………………………..................................................... 5. Do you have any other opinions on compensation/assistance? ……………………………………………………………………………………………… Thanks for your participation in this interview Confirmation of family Interviewers Confirmation of ward PC IAC Vietnam Page 132 Danang Sustainable City Development Project – The Adjustment Items of Project Resettlement Plan IAC Vietnam Page 133